HomeMy WebLinkAbout2008-02-11 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, FEBRUARY 11, 2008
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the
City Commission to order on Monday, February 11, 2008, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida.
PRESENT: Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner,
Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler.
ABSENT: Vice Mayor Marc L. Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren,
Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson.
Mayor Flansbaum-Talabisco led the pledge of allegiance.
1. FEBRUARY 13., 2008 AGENDA ITEMS:
a. Item No. 6(f) on the consent agenda. AGREEMENT BETWEEN THE CITY OF
TAMARAC AND FERGUSON GROUP_ FOR FEDERAL LOBBYING SERVICES:
(TR11348) Awarding LOI #08-07L and executing an agreement between the City of
Tamarac and the Ferguson Group providing for Federal Lobbying Services for a two (2)
year period. Assistant City Manager Phillips gave a presentation and spoke of the
City's previous contract with the Russ Reid Company. In December 2007 the
Commission directed staff to put out requests for LOI's, and as a result the Ferguson
Group was chosen by the Mayor and City Commission. The Ferguson Group will work
with the City on a broad based, long term project basis, which includes appropriations,
earmarks and federal grant money. Commissioner Portner stated his objection to not
having had the opportunity to interview all the applicants and asked if there were any
firms that came in at less than $95,000. Assistant City Manager Phillips explained the
proposals ranged from $67,000 - $120,000. Commissioner Dressler said the least
expensive is not always the best choice, and Commissioner Atkins -Grad said she felt
the Commission made the best choice with the Ferguson Group. Mayor Flansbaum-
Talabisco asked when they would begin work and Commissioner Dressler asked if the
Group had started assisting staff with the deeper and broader agenda. Assistant City
Manager Phillips said they already started per discussions at the interview. City
Attorney Goren explained the Ferguson Group works at its own risk, with no legal
commitment until the contract is approved at Wednesday's meeting. Commissioner
Atkins -Grad and Mayor Flansbaum-Talabisco thanked staff for working with the
Ferguson Group to eliminate some of the original costs that were quoted.
b. Item No. 6(c) on the consent agenda. PURCHASE OF REPLACEMENT
VEHICLES: (TR11339) Purchasing replacement vehicles utilizing the Florida Sheriffs
Association Bid 07-15-0827; authorizing an expenditure in an amount not to exceed
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$46,428; declaring certain equipment as surplus and directing that equipment be
disposed via sale through established internet markets to be selected; placing all
proceeds into the appropriate fund from which the assets were originally purchased;
authorizing budget transfers as needed for proper accounting purposes. Public Works
Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works
Director Strain gave a presentation and said one of the vehicles, a hybrid, will be used
for code enforcement. Commissioner Dressler mentioned that there is a shortage of
these vehicles due to so many cities ordering them for their fleet vehicles. Mayor
Flansbaum-Talabisco said she would like an update on the tracking report after the first
quarter of use. Commissioner Dressler said one important reason for the hybrids is the
reduction in the carbon footprint, which is meaningful from an environmental viewpoint.
C. Item No. 6(g) on the consent agenda. MUNICIPAL COMPETITIVE GRANT
PROGRAM FUNDS FOR THE HURRICANE PREPAREDNESS AND TRAINING
PROJECT: (TR11344) Submitting an application to the Florida Department of
Community Affairs for Emergency Management Preparedness and Assistance Trust
Fund (EMPATF) Municipal Competitive Grant program funds for the Hurricane
Preparedness and Training project in the amount of $50,000 providing for a 2 to 1 cash
and in -kind match of $100,270 in local funds for a total project cost of $150,270 in the
event of approval of the application; providing for acceptance of the award and
executing of documents upon approval. Deputy Fire Chief Schuldt and Special Projects
Coordinator Gresek appeared. Special Projects Coordinator Gresek gave a
presentation and listed the issues addressed in the grant application: CERT funding,
EOC upgrades, Public Information Campaigns for bilingual hurricane brochures, and All
Terrain Vehicle to assist people with special needs. Commissioner Dressler spoke of
the possibility of our representatives in Tallahassee helping us to obtain this grant, and
Assistant City Manager Phillips spoke of our lobbyists who assist on the state and local
level. The Mayor and City Commission said they would like to hear more from our
lobbyists, Mitch Ceasar and Ron Book, perhaps twice a year. Mayor Flansbaum-
Talabisco spoke of door hangars after a hurricane, so those doing safety checkups will
know at a glance whether households need assistance or they are doing well. Deputy
Fire Chief Schuldt said he would look into the cost for the door hangars. Commissioner
Atkins -Grad suggested inserting the door hangars into the Tam -A -Gram and Assistant
City Manager Phillips said staff would look at the cost. Mayor Flansbaum-Talabisco
asked staff to research door hangars and get back to the Mayor and City Commission
with their recommendations. Commissioner Dressler said the two times door hangars
would be advantageous are after a hurricane and during a pandemic. Commissioner
Dressier suggested double sided door hangars to address both issues. Deputy Fire
Chief Schuldt said we would need to train residents on when and how to use the door
hangars.
2. DISCUSSION RE: ORDINANCE NO. 0-2007-18 — COMPREHENSIVE
PROCEDURES FOR CITY COMMISSION MEETINGS — VOTING ORDER:
Commissioner Portner clarified that while he voted no on first reading of this ordinance
and yes on second reading he still does not agree with the voting order. Additionally,
he does not understand why commissioners are limited to three items per agenda. City
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Attorney Goren explained in meeting with staff, the intent was to take the prior
resolutions and current information and coordinate a document for the Commission that
is fair and clear. The ordinance was discussed at workshop meetings and came before
the Mayor and City Commission twice prior to being adopted. City Manager Miller said
the City researched various counties and cities in Florida as well as nationwide, to put
together this ordinance, which the Mayor and City Commission considered. Every
commissioner was briefed on the agenda, which is distributed several days in advance;
if any commissioner has questions on an agenda, City Manager Miller is available to
answer them; there is no attempt by staff to limit a commissioner bringing up anything
which he/she wants to discuss at any time. Until today, there have been no concerns
expressed about the number of items that can be placed on an agenda by any
Commissioner. Commissioner Partner said he wanted to put four items on the agenda
but he was told he was limited to three. City Manager Miller said these are Mayor and
City Commission rules and procedures. Mayor Flansbaum-Talabisco said this was
voted on and discussed at various workshops, and no issue was brought up. It is fair
and equitable and there is a provision for emergency items to be brought up.
Commissioner Dressler agreed three items are fair and reasonable; staff s job is to bring
recommendations to the Mayor and City Commission, and the Mayor and City
Commission have the ability to object to recommendations of staff. We have an
ordinance in affect which speaks for itself. Commissioner Atkins -Grad said many cities
have done the same thing. Commissioner Portner confirmed he had discussed the
ordinance with the City Manager during his agenda review and he told the City Manager
then that he was against it.
3. DISCUSSION RE: CITY CODE PROVISIONS RELATIVE TO REGULATION OF
AGGRESSIVE DOGS AND HOUSE BILL 101: Commissioner Dressler spoke of a
situation in one of his district's neighborhoods wherein a renter had a pit bull, and
neighbors were afraid of the dog. To gain further information, Commissioner Dressler
asked for a meeting with City Attorney Goren, BSO, Code Enforcement and Deputy City
Manager Cernech. Two issues were discussed: HB101, which is an attempt on a
statewide basis to define aggressive dogs, not by breed but by behavior and other
characteristics. Commissioner Dressler said he feels it makes sense for the City of
Tamarac to support HB101. Additionally, the question came up regarding the City of
Tamarac ordinance, which is pit bull specific. At the meeting, BSO Chief Duguay had
said BSO and management could do a better job educating and enforcing on the street
level, improving communication between BSO and Code Enforcement, and coordinating
with the City Attorney if it is deemed suitable. Commissioner Dressler said his personal
belief and practice is never to initiate an item without consensus and cooperation of his
colleagues. BSO Lt. Ulvang said this was discussed with BSO Chief Duguay and a
detailed e-mail was sent outlining the ordinance. If an officer sees a pit bull he/she is to
meet with the owner and forward the information to Lt. Ulvang, and he will forward the
information to Code Enforcement, who will then meet with the dog owner(s) if they are
in violation of the code. Mayor Flansbaum-Talabisco said this is an issue throughout
the city, and asked how many pit bulls are in the City. Community Development
Director Bramley said there are two registered. Lt. Ulvang said Tamarac's ordinance is
unique but the public is not educated about it. Lt. Ulvang suggested sending the
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information with the water bills, and Community Development Director Bramley said an
article will appear in the next Tam -A -Gram. Mayor Flansbaum-Talabisco suggested
educating the homeowner association presidents. City Attorney Goren discussed the
history of our ordinance and spoke of Section 767, F.S., which says those cities whose
regulations were in place before 1990 hold. Tamarac's ordinance went into affect prior
to 1990; it is breed specific as to one breed, and specifies set regulations. HB101 takes
Sec. 767.14, F.S. and deletes certain wording "no such regulation specific to breed".
This is a statewide Bill. Commissioner Dressler said he would like an expression of
interest to have a resolution drafted in support of HB101, better education on this matter
for everyone, and strict enforcement. Mayor Flansbaum-Talabisco questioned
regulation of animals at the dog park and Director of Parks and Recreation Warner said
in most dog parks there is signage relative to no aggressive dogs being allowed in the
park; but this is not a breed specific exclusion. Deputy City Manager Cernech added
we are in the process of developing rules for the dog park regarding non -breed specific
issues; if a dog misbehaves in the park it will be dealt with appropriately. Commissioner
Dressler spoke of dogs that need to be muzzled and restrained, and City Attorney
Goren said Chapter 767 contains a provision regarding dangerous dogs, which are
deemed by the court as dangerous, and who must be muzzled and restrained and can
not be in a dog park. Mayor Flansbaum-Talabisco asked for an expression of interest
for a resolution in support of HB101 and all were in agreement.
4. DISCUSSION RE: OUTSOURCING OF UTILITY FUNCTIONS: Commissioner
Partner, City Manager Miller and Utilities Director Gagnon appeared. Commissioner
Portner said he and City Manager Miller spoke with the gentleman from DMA who
appeared at the last workshop, but did not make a presentation. The company has a
contract with the City of Hollywood for customer service operations and meter reading.
Director of Utilities Gagnon gave a presentation and outlined the reasons it would be
better for Tamarac to not privatize or outsource. Commissioner Portner said the reason
he is looking at privatizing/outsourcing is for up front money.
Commissioner Atkins -Grad left the room at 11:00 a.m. and returned at 11:02 a.m.
Director of Utilities Gagnon explained the contract between the City of Hollywood and
DMA. Commissioner Portner asked City Manager Miller to find out how much DMA
would give the City up front, and the percentage they would give back to the City. City
Manager Miller said in order to get that information we would need to write up a
proposal. Commissioner Dressler said this sounds more like outsourcing than
privatization, and explained many cities going through financial problems take people off
their payroll and outsource those jobs. Commissioner Dressler said he accepted the
data provided by Director of Utilities Gagnon and did not feel it necessary to outsource.
Commissioner Dressler spoke of the time staff spends on issues they are asked to
research by the Mayor and City Commission, and said staff is already laden with work,
especially now during the hiring frieze, and Commissioner Dressler said he felt a
consensus is necessary on any request to staff from a Commissioner that would require
an inordinate or unreasonable utilization of staffs' time, which may impede something
else they are working on for the Mayor and City Commission. Commissioners Dressler
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and Atkins -Grad said they did not want to consider outsourcing the Utility functions.
Mayor Flansbaum-Talabisco spoke of her previous business which involved
outsourcing. Many times there are issues regarding staff, money or morale which made
outsourcing a necessity. In general, her company tried to keep staff in tact, but it was
not always possible. When outside people are brought in it creates questions and
concerns among remaining staff. Commissioner Portner asked how much time would
be involved to find out an answer to his question, and City Manager Miller said quite a
bit as it involves a lot of work. There was discussion regarding whether staff would be
kept in tact should the City outsource. Human Resources Director Swanson explained
that typically private companies approach counties or cities and offer to take over a
piece of the operation. They say they can do it cheaper because they can spread out
the overhead. The contract in place in Hollywood now is not the same contract they
started out with; additionally these companies tell the cities not to worry about the
employees, they will take them all. While the pay may not be reduced, the company will
not offer the package we offer and they (the employees) will no longer be part of our
pension plan if they are working for a private company. Some employees will choose to
leave due to conditions or benefits and in the end you will wind up with a different crew
and a system different from the way we operate. The focus tends to be to fix things that
are not broken here. Private companies are in the business to make a profit. City
Attorney Goren agreed with Human Resources Director Swanson; when divisions are
outsourced restrictions pertain to pensions. Mayor Flansbaum-Talabisco called for an
expression of interest to outsource utility functions and Commissioner Atkins -Grad,
Commissioner Dressler and Mayor Flansbaum-Talabisco said no. Commissioner
Portner said yes and asked the City Manager to provide him with an answer regarding
whether or not the City would save money outsourcing this function. City Manager
Miller said he could only provide that information if a study is done. Mayor Flansbaum-
Talabisco called for an expression of interest on whether there should be a consensus
of the Mayor and City Commission before staff moves forward to research an item that
will take up an inordinate amount of time. All were in favor.
5. DISCUSSION OF SALE/LEASE BACK FINANCING: Commissioner Portner and
Finance Director Steven Chapman appeared. Commissioner Portner said he had, in
the past, inquired about moving City Hall to 57th Street or selling City Hall and leasing it
back. At the end of the lease period the building is bought back.
Mayor Flansbaum-Talabisco and City Attorney Goren left the room at 12:00 p.m. and
returned at 12:02 p.m.
Financial Services Director Chapman gave a presentation and explained sale/lease
back is a type of financing cities are able to do, and it is a benefit because they do not
have to go to the voters to get approval. This type of financing is used primarily when a
municipality does not have a good credit rating and does not have access to the capital
markets, and is a more expensive type of financing. Commissioner Partner questioned
whether the City had gotten an appraisal on City hall and Financial Services Director
Chapman replied no funds have been authorized for an appraisal. Mayor Flansbaum-
Talabisco asked for an expression of interest for a sale/lease back on City Hall, and
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Commissioner Dressler, Commissioner Atkins -Grad, and Mayor Flansbaum-Talabisco
were not in favor. Commissioner Portner was in favor. There was discussion regarding
mutual respect.
Mayor Flansbaum-Talabisco reminded everyone that Wednesday's commission
meeting will be held at the Tamarac Community Center at 7:00 p.m.
Mayor Flansbaum-Talabisco sent her personal best and the best wishes of the rest of
the Commission to Vice Mayor Sultanof and his wife, Sylvia, and wished Mrs. Sultanof a
speedy recovery.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the workshop meeting at 12:45 p.m.
cf-oL ,�,
arion Swenson, CMC
City Clerk
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