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HomeMy WebLinkAbout2008-03-24 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, MARCH 24, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, March 24, 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 Acting Assistant City Clerk Patricia A. Teufel. Mayor Flansbaum-Talabisco led the pledge of allegiance. 1. UPDATE ON LOBBYING ACTIVITIES: Mitch Ceasar appeared and gave an overview of his progress to date. Mr. Caesar said we have been ranked #45 in the application for $200,000 for Waters Edge Park. This is above the cut number of 29 for funding, and we will reapply and try other venues. Mr. Ceasar spoke of a future submission through the Boating Improvement Act for the C14 Canal, a state EMS grant for Automatic Chest Compression and Pre -disaster Mitigation. Mr. Ceasar said that he will be speaking with Assistant City Manager Phillips in the next few days regarding grants for studies from the South Florida Water Management District (SFWMD) for reusing waste water. Mr. Ceasar talked about the SFWMD grant for $42,000 for Water Conservation that Tamarac recently received, and said we will be resubmitting an application to the Metropolitan Planning Organization (MPO) for bikeway dollars. Mr. Ceasar said he specifically wanted to address the $2 million for the purchase of the Chevron station, as it showed an effort by us to provide not only park space but also that we are a green city. Mr. Ceasar said this was accomplished because of the tremendous team effort between the Mayor and Commission, Assistant City Manager Phillips and City Manager Miller. Mr. Ceasar added he was in touch with all the County Commissioners, and Commissioner Wexler was particularly sympathetic to our cause. The $2 million is now considered under the committed category and because of that, our item is off the County Commission Agenda for tomorrow, as it no longer requires their approval. A letter was being faxed from Mr. Ceasar's office today reaffirming the above to each County Commissioner. Commissioner Atkins -Grad said it is significant for Tamarac to have that space and thanked Mr. Caesar for his tireless efforts on this project. Commissioner Portner asked Mr. Caesar to walk him through the process for this particular project. Mr. Caesar responded that first there were many discussions with Assistant City Manager Phillips and City Manager Miller, after which he did a political assessment of the County March 24, 2008 City Commission Workshop Page 1 of 5 Commissioners and also spoke with County staff. He was then able to determine who was sympathetic to our cause and approached that Commissioner for assistance. Mayor Flansbaum-Talabisco said she remembered when Commissioner Lieberman called and advised her that there were designated funds and that was when the process for the purchase of the Chevron Station started. At that point then Commissioner Ritter as well as Justin Flippin got involved and did a phenomenal job. Tamarac has never had that type of representation before from the County and it really has been a great partnership. Mayor Flansbaum-Talabisco spoke of an article that appeared the day before in the Sun -Sentinel about the purchase of the Chevron station. Mr. Caesar said there was unlimited accessibility to Vice Mayor Ritter and her staff, which helped us reaffirm a strategy. Mayor Flansbaum-Talabisco asked where we stood with the grant for Automatic Chest Compression and Assistant City Manager Phillips said it was submitted to the Department of Health and we have not received any official notification one way or the other. Mayor Flansbaum-Talabisco said to let her know if a letter or email from the Commission would help. Commissioner Dressler asked Mr. Caesar how he determined if Tamarac has been treated in an equitable manner and Mr. Caesar responded that compared to other cities Tamarac has won a lot more than we have lost; overall he felt Tamarac has been treated very well. Commissioner Dressler congratulated everyone who worked on this project. Mayor Flansbaum-Talabisco said that she is looking forward to meeting with Mr. Caesar for quarterly updates and complimented Assistant City Manager Phillips on her perseverance and persistence. 2. MARCH 26,_ 2008 AGENDA ITEMS: a. Item No. 6(b) on the consent agenda. OPPOSING HB991 "VOX POPULI — VOICE OF THE PEOPLE ACT"% (TR11371) Opposing House Bill 991, known as the "Vox Populi — Voice of the People Act"; finding that House Bill 991 is unnecessary and its adoption will be an encroachment on the municipal home rule authority granted by the Florida constitution and state statutes; urging the Florida legislature to reject House Bill 991; directing the City Clerk to transmit a copy of this resolution to the Governor, the Broward Legislative Delegation and other members of the Florida legislature, as well as all municipalities located within Broward County and the Board of County Commissioners for Broward County. City Attorney Samuel S. Goren appeared and discussed the proposed resolution in opposition to HB991. City Attorney Goren explained that HB991 is being sponsored by four former local public officials, the principal of which is Representative Hukill from Port Orange, where there is an ordinance that has been in place for six years. HB991 sounds like a reasonable and rational approach to public access to government activities but it drills down into the process of how you run a local meeting and this is yet another step to regulate how local government functions. City Attorney Goren spoke of Tamarac's procedures ordinances and this Bill will pre-empt the processes we have in place. This Bill provides that in all of the meetings, including workshop meetings or any other type of public body meetings of local government, the public has the right to be heard. An individual who gets up to speak would not have to identify themselves or provide an March 24, 2008 City Commission Workshop Page 2 of 5 address, the consequence of which is anyone can come in and talk about an item. It also provides a specific beginning part of every meeting to be public comment, 15 minutes as a condition of public access, and the chair would have to divide among the speakers 3 minutes per speaker; if the number of speakers exceeded the 3 minute marked time, then those who did not get their 3 minutes would be able to petition for a hearing at the next meeting with unlimited time to be heard. This would put a major dent in the city manager governmental forum, as city administration cannot prepare or predict what is coming. You would also have to post on a website your processes and procedures as well, which would only serve to frustrate and elongate meetings. City Attorney Goren said other cities as well as the Florida League of Cities and the Broward League of Cities oppose the Bill. City Attorney Goren advised the Commission that his memo of February 26, 2008 highlights the key problems in the Bill. Commissioner Portner asked if this was a Democracy in Action Bill and if this will be considered this year. City Attorney Goren said it is sponsored by Hukill, Nehr, Patterson and Weatherford, who are all former city officials, and if it passes it will be effective July 1, 2008. Commissioner Portner confirmed that the public would be able to speak at any meeting and the amount of time that they would be allowed to speak. Commissioner Dressler asked how this would impact the Sunshine law, if this Bill would apply to the Florida legislature and if there was a companion Senate Bill. City Attorney Goren said it changes the Sunshine Statute, Chapter 286, and pre-empts local government from its own processes and procedures, it does not apply to the Florida legislature and SB2276 is identical to HB991. Commissioner Dressler commented that this is a movement to rob people of democracy on the local level. Mayor Flansbaum-Talabisco asked City Manager Miller to get an update from Ron Book and Russ Klennet, and Commissioner Dressler said he would also like it to include a report on how our representatives will vote on this Bill and why, and to get information on the Government Efficiency and Accountability Council and/or the Urban and Local Affairs Committee. City Manager Miller said he would get the information to the Commission as soon as possible. Mayor Flansbaum-Talabisco asked why the Florida legislature does not have to adhere to these rules, and City Attorney Goren said the answer is in the Constitution, which says in Article 1, Section 24, that unless otherwise provided by law, the legislature could adopt a Bill such as this. City Attorney Goren also spoke of HB 1113 regarding ethics, HB 881, which revises the Bert J. Harris, Jr., Private Property Rights Protection Act, HB682 regarding the publication of contracts over $5,000, and its companion Bill that speaks to the prohibition of dues being paid for by local governments in order for people to attend a Florida League of Cities meeting at which public business is being conducted. b. Item No. 6(c) on the consent agenda. IN -KIND SUPPORT FOR CHALLENGER ELEMENTARY SCHOOL AND MILLENNIUM MIDDLE SCHOOL MULTI -CULTURAL FESTIVAL: (TR11369) Approving requests from Challenger Elementary School and Millennium Middle School for in -kind support for their Multi -Cultural Festival event to be held at Challenger Elementary School and Millennium Middle School on Friday, May 16, 2008, from 6:00 p.m. to 8:30 p.m.; providing for proper insurance. Director of Parks and Recreation Greg Warner appeared and gave a presentation and said that this ties in March 24, 2008 City Commission Workshop Page 3 of 5 with part of Tamarac's Strategic Plan, 'Inclusive Community', and is a wonderful way to get involved. Mayor Flansbaum-Talabisco said the Buddist Temple has expressed an interest in getting involved in the community, and suggested that Parks & Recreation Director Warner contact the Korean Church, Community Christian Church, Temple Beth Shalom, and businesses in Tamarac to lend support to the event, and asked Public & Economic Affairs Officer Berns to also check with the Kiwanis Club. C. Item No. 6(d) on the consent agenda. REVISED PERMIT FEE SCHEDULE: (TR11231) Increasing the City's Building Fees pursuant to Exhibit "C" attached hereto and incorporated herein; authorizing the appropriate City officials to take any and all steps necessary to increase and restructure the Building Department Permit Fees. Financial Services Director Chapman and Lee Evett, Vice President/Division Manager, Southeast Operations Munifinancial appeared and gave a presentation. Commissioner Portner left the meeting at 10:37 am and returned at 10:39 am. There was an expression of interest to table this matter to the April 9, 2008 Commission meeting. All present were in agreement. Mayor Flansbaum-Talabisco recessed the meeting at 11:24 am and recovened the meeting at 11:32 with all present as before. 3. UPDATE ON BUDGET AND TAX REFORM COMMITTEE AMENDMENTS: City Manager Miller gave a brief overview of the Florida Budget and Taxation Reform Committee. Commissioner Portner spoke about two articles that appeared in Sunday's Sun -Sentinel Outlook Section. Finance Director Chapman appeared and gave a presentation, and spoke of the '/z cent sales tax and the RLE Reduction, which will not affect local government, and Proposals 21 and 45, both of which will impact us. Finance Director Chapman gave an explanation of both proposals and the affects it will have on Tamarac, and said that if these Bills pass we will be looking at 3 years of no revenue growth in our ad valorem tax base, after which it will be flat. Commissioner Portner asked if this would also affect the state and Finance Director Chapman said no. Mayor Flansbaum-Talabisco asked if would be on the ballot in November, and City Attorney Goren said it would. City Manager Miller said that this Committee has been able to operate outside of the spotlight that the legislature is in, so we don't have the same number of lobbyists monitoring this activity. They can strike quickly by having a vote, which it does not require any political vetting by the legislature. We have prepared for the Commission's consideration a resolution in opposition to Proposals 21 and 45. Mayor Flansbaum-Talabisco said resolutions are all well and good but for an item that could be cataclysmic to Tamarac, there must be something else that we could do. City Manager Miller responded that the reason we brought the resolution forward is that no other municipality has passed a similar resolution, because they don't know about it yet. Mayor Flansbaum-Talabisco asked if the Committee could be lobbied and City Manager Miller replied yes they can be, just like any other group. Commissioner Dressler said we should object to this and ask our County Commissioners and State Representatives to take a position so that we know who not to vote for next time around. Mayor March 24, 2008 City Commission Workshop Page 4 of 5 1 Flansbaum-Talabisco suggested we issue a letter from this Commission stating our position and send it along with the resolution. City Manager Miller spoke of the devastating effect that Bills similar to these had on the State of Colorado. Commissioner Portner said we must educate the residents of Tamarac, and Commissioner Dressler suggested we hold a Town Hall Meeting. Commissioner Atkins - Grad said this is the reason why we need to rethink the building fees item. Mayor Flansbaum-Talabisco asked for an expression of interest to place this item on the March 26th Commission Meeting Agenda. All present agreed. Mayor Flansbaum- Talabisco asked for an expression of interest to send a letter stating this commission's position along with the resolution. All present agreed. 4. PRESENTATION: BSO UPDATE: BSO Chief Marc Duguay appeared and gave a presentation and spoke of response time, crime rate, traffic complaints, increased commercial motor vehicle enforcement and narcotics enforcement. Mayor Flansbaum- Talabisco asked if Homeowner Associations can post their own traffic signs. Public Works Director Strain replied that traffic control signs can not be placed on public property, only private property and it would be best to contact the Public Works Department for assistance in obtaining the signs and correct placement. Both Mayor Flansbaum-Talabisco and Commissioner Dressler congratulated Chief Duguay on running an efficient organization and appearing at the homeowner association meetings. 5. DISCUSSION REGARDING WEBCASTING CITY COMMISSION MEETINGS:. Mayor Flansbaum-Talabisco and Information Technology Director Sucuoglu appeared. Mayor Flansbaum-Talabisco asked for an expression of interest to have Information Technology Director Sucuoglu look into information on different options and pricing for broadcasting meetings on the web. Information Technology Director Sucuoglu asked if it was to include Workshop meetings and Mayor Flansbaum-Talabisco said she would be interested in seeing the cost for Workshop meetings as well. All present were in agreement. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 12:20 p.m. Patricia A. ;TFeufel - Acting Assistant City Clerk March 24, 2008 City Commission Workshop Page 5 of 5