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HomeMy WebLinkAbout2001-03-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, MARCH 12,2001 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, March 12, 2001, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88 th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Gertrude Mishkin, and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Assistant City Manager Tim Hemstreet, and City Clerk Marion Swenson. 1 - MARCH 14,2001 AGENDA ITEMS: a. Item #10. AMENDING CHAPTER 5.6 OF THE CITY CODE, ENTITLED "TELECOMMUNICATIONS: (TO1922) Motion to adopt Ordinance on first reading amending Chapter 5.6 of the City Code, entitled "Telecommunications"; clarifying the intent of existing language. Assistant City Manager Tim Hemstreet explained the intent of the ordinance. b. Item #7(d). AGREEMENT - LAND AND WATER CONSERVATION FUND: (TR9302) Accepting a grant in the amount of $100,000 from the Florida Department of Environmental Protection Land and Water Conservation Fund; authorizing the appropriate City Officials to execute an agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $100,000 with a City match of $100,000 for a total project cost of $200,000, from the Land and Water Conservation Fund (LWCF) to provide the residents and visitors of Tamarac enhanced parks and recreation programs at McNab Park. Director of Parks and Recreation Kathleen Margoles gave a presentation and responded to questions from Mayor Schreiber, Vice Mayor Roberts, Commissioner Portner and Commissioner Sultanof about picnic tables, an amphitheater, barbecue pits and funding. C. Item #7(f). BROWARD COUNTY PUBLIC LIBRARY: (TR9304) Executing an amendment to an agreement between Broward County and the City of Tamarac for the conveyance of approximately 2.53 acres of real property for the construction of a Broward County Public Library to be located on the north side of Commercial Boulevard, east of Pine Island Road; specifically, a portion of Lots 11, 12, 13 and 14, Block 8 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; authorizing the appropriate City Officials to execute a deed conveying the subject 2.53 acres of real property to Broward County, a political subdivision of the State of Florida; authorizing the appropriate City Officials to execute an ingress, egress, drainage and cross parking agreement granting Broward County certain easement rights; authorizing the appropriate City Officials to execute standard seller's no -lien, GAP and FIRPTA affidavits, all pursuant to said Agreement Between Broward County and the City of Tamarac, as amended; Case No. 13-Mi-01. Community Development Director J. Christopher King gave a presentation. Commissioner Sultanof asked about maintenance, and Community Development Director King said this was included in the previous agreement. Vice March 12, 2001 City Commission Workshop 1 Mayor Roberts asked when construction would commence, and Community Development Director King said the library would most likely be open late in 2002. Mayor Schreiber expressed concern about delays due to the design process, and Community Development Director King said the City and County are working together to create a facility that would complement the Community Center. Commissioner Sultanof added that the Tamarac library would house a children's wing and art/photo gallery. d. Item #7(e). FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT: (TR9303) Approving and executing the First Amendment to the Interlocal Agreement for the Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO); Case No. 12-MI-01. Community Development Director J. Christopher King gave a presentation. With regard to Item 7(c) on the consent agenda, Mayor Schreiber asked about the benefit to Tamarac to have Nabors, Giblin, et al. prepare an update every year, and whether it could be done in-house. AGREEMENT - PROFESSIONAL -SERVICES - ANNUAL UPDATE OF NOW AD VALOREM SPECIAL ASSESSMENTS: (TR9306) Executing an agreement between the City of Tamarac and Nabors, Giblin & Nickerson, P.A. and Government Services Group, Inc. for professional services in the annual update of Non -Ad Valorem Special Assessments levied within the incorporated area of the City of Tamarac for the funding of fire/rescue services and facilities, for a three year term, in the amount of $18,500 for each fiscal year. Assistant City Manager Tim Hemstreet explained the contract with Nabors, Giblin, et al., and said if the Fire Rescue Assessment was found to be illegal, Nabors, Giblin, et al. would redesign the assessment for Tamarac. Commissioner Portner asked about reimbursement for costs, and Assistant City Manager Hemstreet said it affects those accounts with changes. Questioning Item 7(g) on the consent agenda, Mayor Schreiber asked if the legislature could do the same thing with utilities. COMM - UNICATIONS SERVICES TAX SIMPLIFICATION ACT: (TR9289) Requesting the Florida State Legislature to revise the Communications Services Tax Simplification Act (Chapter 2000-260, Laws of Florida) adopted during the 2000 Legislative Session; authorizing the City Clerk to forward a copy of this Resolution to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration. City Attorney Mitchell S. Kraft responded in the affirmative. Commissioner Portner questioned paragraph 4 in the staff report, and Assistant to the City Manager Kristin McKew said there is a new financing structure in place. Assistant City Manager Hemstreet said there are several types of telecommunications, and the purpose of the simplified act is to place all sources/companies under one umbrella. Commissioner Portner asked if the money would go to the state, and Assistant City Manager Hemstreet said under the proposed structure everything would be paid to the state and the state would then reapportion monies back to the cities. Assistant City Manager McKew said municipalities are assured of getting 99% of the fees collected and the state will keep 1 %. There was discussion about the "Glitch" Bill. Mayor Schreiber suggested the public be informed of the Communications Services Tax Simplification Act, and asked to have information placed in the Tam -A -Gram. Regarding Item 7(h) on the consent agenda, Mayor Schreiber asked why the developer is allowed to put in sidewalks and curbs over an easement before asking for permission. EXETER EAST - UTILITYEASEMENT ENCROACHMENT AND HOLD HARMLESS: March 12, 2001 City Commission Workshop 2 (TR9294) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Lennar Land Partners and Lennar Homes, Inc., for the curbs and sidewalks placed in a utility easement at the Exeter East Project located on the southeast corner of NW 80th Street and Granville Drive, authorizing and directing the City Clerk to record said agreement in the public records of Broward County, Commissioner Sultanof said he would like to have this researched to see if it comes under the Weissing ruling. Utilities Director Gagnon said these matters are part of site plan review, and City Manager Miller suggested changing the procedure, and said he would make sure a letter is sent to Lennar to put them on notice. There was discussion about remedies for developers who build walls or sidewalks over easements, and discussion about whose responsibility it is to repair curbs and sidewalks after work is done on a utility line. Mayor Schreiber asked, regarding Item 7(i) on the consent agenda, if A Plus Printing is a local business and whether any other firms had bid on the job. TAMARAC RESIDENT NEWSLETTER. (TAM -A -GRAM): (TR9296) Approving a one year renewal of Bid #99-2013 entitled "Tamarac Resident Newsletter" (TAM -A -GRAM) with A Plus Printing for an amount not to exceed $31,368.00 annually. Purchasing/Contracts Manager Lynda Flurry said A One Printing is a local business, and this is the last renewal option under the current bid. Mayor Schreiber asked how the industry is alerted to bid availability, and Purchasing/Contracts Manager Flurry said the bid is advertised in the Sun Sentinel, posted on the website, and courtesy notices are sent to those in the vendor file. With regard to Item 8 on the regular agenda, Mayor Schreiber asked how Phase III would impact the cost of the project. PHASE III OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM- (TR9271) Motion to approve Resolution approving certain streets for resurfacing as part of Phase III of the Seven Year Comprehensive Street Improvement Program; authorizing the appropriate City Officials to execute a contract amendment with Weekley Asphalt Paving, Inc; authorizing an expenditure in an amount not to exceed $1,425,102.31; authorizing budgetary transfers as necessary for proper accounting purposes. TABLED AT THE FEBRUARY 28 TH MEETING. Assistant Public Works Director Greenspan said the City is within budget and ahead of time. Vice Mayor Roberts asked about generalizing landscaping throughout the City, and there was discussion about xeriscape landscaping. Assistant Public Works Director Greenspan agreed beautification should be uniform, drought resistant and low maintenance intense, and said the next phase of design work will involve the landscape architect, the City Commission and residents. Mayor Schreiber asked, with regard to Item #11 on the regular agenda, what prospective candidates would have to do to stay within the law? AMENDING CHAPTER 18 - SIGNS AND ADVERTISING. (TO1926) Motion to adopt Ordinance on first reading amending Chapter 18, Signs and Advertising, Article 11, Signs, Division 5, Temporary Signs, Section 18-86, Political Signs, eliminating time frame for posting prior to election; deleting written permission of record title holder requirement for placement on private property; deleting permit application and cash bond requirement; providing for cost of removal to be paid by candidate. City Attorney Kraft responded and said this ordinance affects private property, in accordance with free speech. 2. SPECIAL EVENT PERMIT — ELIATHAH SEVENTH DAY ADVENTIST CHURCH: Special event permit to allow for the hosting of an Evangelistic Seminar by the Eliathah March 12, 2001 City Commission Workshop 3 Seventh Day Adventist Church. Community Development Director J. Christopher King gave a presentation. Mayor Schreiber asked why a permit is needed, and Vice Mayor Roberts asked about permit fees. Community Development Director King said the special event will be held outside and the fees will be paid. Commissioner Sultanof expressed concern about parking on the grass, and the fact that the catalytic converters on cars generate so much heat that there is danger of the grass catching fire. Community Development Director King said every precaution would be taken. 3. ANNEXATION: Community Development Director J. Christopher King gave a presentation and said he attended a meeting on March 2 nd with members of the legislative delegation, and learned that the legislative delegation's desire is to try to square off the boundaries of municipalities, with everything east of 441, except the Mira Lago area, going to Ft. Lauderdale, and the Broadview, Pompano Park and Imperial Estates areas going to North Lauderdale. The Twin Lakes area was not discussed at the March 2nd meeting. Vice Mayor Roberts asked if any of the areas had approached Tamarac to be annexed into the City, and City Manager Miller said about 1-1/2years ago Broadview was interested in coming into the City because of our fire service. Mayor Schreiber said there is no benefit to Tamarac to annex these properties, and Commissioner Sultanof said if the County covered the infrastructure, Kozy Kampers would be a benefit to the City. Community Development Director King said during the meeting responsibility for infrastructure improvement was brought up and the County said they will look at it on a case -by -case basis, but the municipalities would be responsible for the initial needs analysis, and if the County agreed, they would fund the improvements. Commissioner Portner discussed annexing the 441/State Road 7 and Kozy Kampers properties. There was discussion about the properties and which would be most beneficial to Tamarac. Mayor Schreiber asked for an expression of interest for Community Development Director King to communicate with the representatives indicating which properties Tamarac is interested in annexing, and it was agreed that Community Development Director King would send a letter to express Tamarac's interest in keeping options open for both the Kozy Kampers and 441/State Road 7 properties. Mayor Schreiber moved out of the regular order of business on the workshop agenda to take up Item No. 6. 6. FLORIDA POWER AND LIGHT -CO.: Discussion about Florida Power and Light Company. City Attorney Mitchell S. Kraft gave a presentation and said Tamarac placed a demand on Florida Power and Light Company (FPL) in the amount of $1,800,000 plus interest, and received a response from FPL saying they would pay nothing. City Attorney Kraft said it might be time to take the matter to the next level. City Attorney Kraft introduced Jamie Cole, attorney with the law firm of Weiss, Sorota and Helfman. Mr. Cole was the City Attorney for the City of Hollywood at the time they settled with FPL. Mr. Cole's firm is now the attorney of record for the consortium moving forward against FPL. Mayor Schreiber asked Mr. Cole how long he anticipates the matter will take from the time legal action starts, and Mr. Cole said about 4 years. Mr. Cole explained Hollywood's settlement with FPL, and said this is the same agreement FPL used with other cities — a 5.5% franchise fee with no offset. Mayor Schreiber asked how much it would cost lamarac to litigate, and Mr. Cole said between $50,000 - $75,000; however, if Tamarac entered into the suit with other cities, the cost would come down proportionately, and Tamarac's cost might be $10,000 - $25,000. Mayor Schreiber said the March 12, 2001 City Commission Workshop 4 investment is minimal compared to the anticipated return, and he feels Tamarac should move forward with the suit. City Attorney Kraft asked for an expression of interest for him to sign the proposal letter on behalf of Tamarac, and all agreed. Mayor Schreiber called a recess at 11:10 a.m. The Workshop Meeting of the City Commission reconvened at 11:20 a.m. with all present as before. 4. COMPREHENSIVE ANNUAL FINANCIAL REPORT CAFR): Finance Director Robert Lange gave a presentation and said the CAFR was completed one month earlier than last year. Finance Director Lange introduced Jerry Chiocca of Rachlin Cohen and Holtz, LLP. Mr. Chiocca spoke about an Internal Auditor and City Manager Miller said the City had an internal auditor in the past, and will try to hire someone for the position; the job description has been changed to that of a management analyst. Mr. Chiocca reviewed the CAFR and responded to questions from Commissioner Portner and Mayor Schreiber regarding the general fund. City Manager Miller said the finance staff did an excellent job, and Mr. Chiocca commended Controller Bill Nealon, Investment Accountant Leanne Williams, Accountant Tessie Gross and the entire Finance Department staff for their hard work. Commissioner Portner asked about refinancing bonds, and Finance Director Lange said he is looking into a total debt package for the City to best leverage the tax dollars. 5. DISCUSSION OF CREDIT CARDS FOR COMMISSIONERS' USE DURING TRAVEL: Report from Finance Director Robert Lange regarding use of credit cards for Commissioners during travel. Finance Director Robert Lange gave a presentation and Vice Mayor Roberts said this issue is not intended for Commissioners only. There was discussion about a corporate credit card for travel reservations, and Finance Director Lange said using one account number would only add to and intensify the process of reconciliation. Assistant City Manager Hemstreet said Finance Director Lange's proposal addresses all issues raised regarding airline travel, and using the travel agent would allow reservations to be made without a credit card. Also, for Commissioners whose trips require a hotel stay, the procurement card may be used for that purpose. There was discussion about the $15.00 fee being charged by the travel agent. Purchasing/Contracts Manager Lynda Flurry explained that a survey was sent to all cities in the co-op, and the purchasing department called those that did not respond. Vice Mayor Roberts asked about Lauderhill, and Purchasing/Contracts Manager Flurry said Lauderhill did not respond. Mayor Schreiber said it is not mandatory for everyone to take advantage of the procedure. Some prefer to use their own credit cards, get reimbursed by the City, and accrue air miles. 7- OATHS OF OFFICE: Discussion of oaths of office for Board and Committee members. City Attorney Mitchell S. Kraft gave a presentation and said the City of Tamarac presently uses a statutory oath. Board and Committee members are neither officers nor employees of the City and do not receive public funds. In September 1999, the City Attorney's office asked the Attorney General if volunteer Board and Committee members were obligated to enter into the oath, and the opinion was that it is at the City's discretion; it is not a state requirement, but the question was raised, does the oath serve a purpose. City Attorney Kraft said a draft oath has been modified to meet the needs of those people voluntarily serving on Tamarac Boards and Committees. Vice Mayor Roberts asked if every Board and Committee member would sign this oath, and City Attorney Kraft responded all except the Charter Board, which is an elected March 12, 2001 City Commission Workshop 5 board. There was an expression of interest to use the new oath for volunteer Board and Committee members. 8. CO NFIRM I NG REGULAR CITY COMMISSION MEETING LOCATIONS THROUGH MAY 2001: Assistant to the City Manager Kristin McKew gave a presentation and asked for confirmation to proceed with the arrangements for the months of March, April, and May 2001. Mayor Schreiber suggested that meetings held outside City Hall have fuller agendas, and items on the consent agenda incorporating large amounts of money should be discussed for the public interest. It was agreed to confirm the proposed schedule. 9. SETTING THE DATE FOR ELECTION OF VICE MAYOR: Setting the date for election . ... . .. . .. - of Vice Mayor — discussion of Special Meeting to be held on Monday, March 26, 2001 immediately following Commission Workshop. City Manager Miller recommended a special meeting be held after the March 26, 2001 workshop meeting to elect a new Vice -Mayor, and also to select a resident trustee for the Police Pension Board. 10. SISTER CITY: Discussion about possibility of Tamarac becoming a Sister City. Commissioner Edward C. Portner asked for an expression of interest to join Sister Cities International, and suggested selecting a Sister City to bring Tamarac in line with other cities and generate exposure, both nationally and internationally. Mayor Schreiber said he is in favor of joining. There was discussion about setting criteria for a sister city and looking for a cultural exchange of ideas. Assistant to the City Manager McKew said at this time there is only one city on the list interested in becoming a sister city, and that is in Japan. Commissioner Sultanof said that might be a good idea to consider that city, since Japan has an extraordinary society and there might be an economic benefit to Tamarac if they are interested in expanding in the United States. Assistant to the City Manager McKew said if Tamarac joins Sister Cities International, they would assist us in identifying places that best meet our criteria. Vice Mayor Roberts asked about the yearly cost, and Assistant to the City Manager McKew said it is $480 per year. The general consensus was to join Sister Cities International. 11. LOCAL OPTION MUNICIPAL SALES TAX: Discussion regarding local option municipal sales tax. Commissioner Edward C. Portner asked for a resolution supporting the proposal in front of the legislature for local tax reform, allowing Tamarac to impose a local sales tax. Commissioner Portner suggested that if the municipal sales tax is imposed, Tamarac might be able to reduce the ad valorem rate. Mayor Schreiber said he did not think an additional tax would be popular, and Vice Mayor Roberts said if people have to pay an additional one -cent tax in Tamarac, they will go to surrounding cities to shop, and this might harm small businesses. Commissioner Sultanof said a sales tax is a punitive tax, and if other cities do not adopt the additional sales tax, then surrounding cities will benefit if Tamarac does. Commissioner Portner said tax money is needed to operate the City, and if the Commission can find a way to raise a tax and at the same time lower a tax, the population will be happy. Commissioner Sultanof said the commerce park will bring in the needed monies, and he would not sponsor a sales tax. Mayor Schreiber said when purchasing gasoline, a certain amount of the cost goes to taxes, but that money goes to fund public roads, and it is a public benefit. Ad Valorem taxes pay for services. People do not want more taxes. There was no interest in pursuing the sales tax at this time. El March 12, 2001 City Commission Workshop 6 12. CONTRIBUTION TO THE FLORIDA WORLD WAR 11 MEMORIAL FUND: Contribution to the Florida World War 11 Memorial Fund in the amount of $1,000. Commissioner Edward C. Portner asked the Commission to donate $1,000 for a memorial in Tallahassee, and a traveling is unit that will go through the state to visit all the counties in Florida. There was discussion about the location of the memorial, and Commissioner Mishkin suggested it would be better located in Orlando, which is the middle of the state. Mayor Schreiber asked who would pay for maintenance of the memorial, and Commissioner Portner said the state would after it receives $2 million. Vice Mayor Roberts asked if other cities made a donation to the memorial, and said more information is needed before a decision can be made, Mayor Schreiber asked about accountability. Commissioner Sultanof spoke about the length of time it took to get the funding for the Veterans memorial in Tamarac. Mayor Schreiber asked Commissioner Portner to bring more information back to the Commission. 9 There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 12:45 p.m. Marion Swenson, CMC City Clerk March 12, 2001 City Commission Workshop 7 0