HomeMy WebLinkAbout2007-04-09 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MOND", APRIL 9, 2007
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the
City Commission to order on Monday, April 9, 2007, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof
Commissioner Edward C. Partner, Commissioner Patte Atkins -Grad, and Commissioner
Harry Dressler.
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. APRIL 11, 2007 AGENDA ITEMS:
a. Item No. 6(b) on the Consent Agenda. NW 94th AVENUE 6-INCH
WASTEWATER FORCE MAIN PROJECT: (TR11155) Awarding Bid No. 07-18B to
Development and Communication Group of Florida, Inc., and executing an agreement
between the City of Tamarac and Development and Communication Group of Florida,
Inc., for an amount of $136,485.00 for the NW 94th Avenue 6-inch wastewater force
main project; approving funding for this project from the appropriate Utilities Operational
CIAC and Operational Accounts; authorizing the appropriate City officials to administer
the contract. Utilities Director Gagnon, Assistant Director of Utilities Moore and
Purchasing/Contracts Manager Glatz appeared. Assistant Director of Utilities Moore
gave a presentation and said the project will take about 50 days to complete.
Commissioner Portner asked if we are in violation with the pump running longer than 10
hours per day and if a 6" line is large enough taking into consideration the Main Street
project. Assistant Director of Utilities Moore said we are not in violation but the
guidelines allow for 10 hours per day and the 6" pipe will connect with an 8" pipe.
Commissioner Portner questioned the impact on the project from the upcoming rainy
season, and Director of Utilities Gagnon said the actual construction should take no
more than two weeks so there should be no impact on the construction.
b. Item No. 6(d) on the Consent Agenda. TEMPORARY STORMWATER
WORKERS — DEANNA ENTERPRISES, INC: (TR11158) Authorizing an expenditure
not to exceed $44,000 for temporary workers utilizing the Southeast Florida
Governmental Purchasing Cooperative Agreement with Deanna Enterprises, Inc.;
authorizing budget amendments for proper accounting purposes. Public Works Director
Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director
Strain gave a presentation and Commissioner Portner questioned the fact that due to
the drought the canals may not be as pristine as they have been and said he wants the
public to know we are doing the best we can under the circumstances. Public Works
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Director Strain said drought conditions make the job harder and the canals will probably
not be maintained at the same level as they have been; with a lower volume of water we
must be careful when applying chemicals. Commissioner Dressler questioned whether
Deanna Enterprises, Inc. can assure the City they hire workers who are properly
documented and are legally able to work in this country. Purchasing/Contracts
Manager Glatz said the City can ask to see documentation. Mayor Flansbaum-
Talabisco said she ran a temporary employment agency and those people who sign up
are asked to produce certain documentation. Vice Mayor Sultanof said if they have a
green card, they also have a social security number.
C. Item No. 6(e) on the Consent Agenda. INVESTMENT ADVISORY
AGREEMENT RENEWAL: (TR11159) Exercising the fourth renewal option to the
existing Agreement between the City of Tamarac and Davidson Fixed Income
Management, (formerly Kirkpatrick Pettis Capital Management), for investment advisory
services for a one-year period effective April 14, 2007, through April 14, 2008. Financial
Services Director Chapman and Purchasing/Contracts Manager Glatz appeared.
Financial Services Director Chapman gave a presentation. Commissioner Dressler said
he is liaison to the Investment Advisory Committee and he is satisfied with the firm's
performance.
d. Item No. 6(f) on the Consent Agenda. AWARDING BID #07-16B AND
EXECUTING AGREEMENT FOR 2007 FOURTH OF JULY FIREWORKS
CELEBRATION: (TR11160) Awarding Bid #07-16B, entitled "Aerial Fireworks Display",
and executing an agreement with Melrose South Pyrotechnics, Inc., for an amount not
to exceed $20,000 for the 2007 Fourth of July fireworks celebration; approving funding
in the amount of $20,000 from the appropriate Parks and Recreation account. Director
of Parks and Recreation Warner and Purchasing/Contracts Manager Glatz appeared.
Director of Parks and Recreation Warner gave a presentation. Vice Mayor Sultanof
questioned whether there is a window of opportunity in the agreement if the company
does not perform as expected and Director of Parks and Recreation Warner said this
agreement is for one year with the opportunity to renew for five additional one-year
periods. Commissioner Portner asked if the show would be the same as we have
gotten from Zambelli in the past and Director of Parks and Recreation Warner said the
bids were for a 20-25 minute display and time between each shell. Commissioner
Atkins -Grad said she is happy to save $4,500 and provide a nice service and
questioned the one minute forty-five second finale. Director of Parks and Recreation
Warner said this is similar to Zambelli's finale. Commissioner Dressler asked about
computer graphics or a video of past performances so we can see exactly what it is we
are purchasing. Purchasing/Contracts Manager Glatz said this company has innovative
ideas and we can look into that. Director of Parks and Recreation Warner explained the
integrity of the show depends upon the person shooting the shells.
e. Item No. 6(k) on the Consent Agenda. WAIVER OF ROOM RENTAL FEES --
FAMILY CENTRAL, INC.: (TR11163) Approving a request from Family Central, Inc., to
waive room rental fees in the amount of $450.00 for their Child Development Associate
Equivalency (CDAE) Program Graduation Ceremony to be held at the Tamarac
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Community Center on a date to be determined, from 6:00 p.m. to 9:00 p.m. Director of
Parks and Recreation Warner appeared and gave a presentation. Mayor Flansbaum-
Talabisco said she met with Barbara Weinstein, Director of Family Central, and their
services are phenomenal; with what is happening in Tallahassee, Family Central is all
the more important to us. Mayor Flansbaum-Talabisco questioned the date of the
ceremony and asked if anyone would be displaced from the Tamarac Community
Center. Director of Parks and Recreation Warner said it will be held on May 9th and no
one will be displaced.
f. Item No. 6(h) on the Consent Agenda. STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) ANNUAL REPORTS: (TR11161) Approving the annual report
for the State Housing Initiative Partnership for FY 2003/2004 and the interim reports for
FY 2004/2005 and FY 2005/2006. Community Development Director Bramley and
Housing Administrator Bauldree appeared. Community Development Director Bramley
gave a presentation.
g. Item No. 6(i) on the Consent Agenda. STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) ALLOCATION ERROR: (TR11154) Acknowledging a good -
faith oversight on the part of certain members of the City's administrative staff that
resulted in several applicants receiving more than the maximum allowable allocation of
State Housing Initiative Partnership (SHIP) program funding; ensuring that the City staff
has taken the necessary administrative action to avoid a recurrence of this error.
Community Development Director Bramley and Housing Administrator Bauldree
appeared. Community Development Director Bramley gave a presentation and
explained the draft form submitted in September 2006 contained inconsistencies.
Commissioner Portner questioned the excess the seven applicants received and
Housing Administrator Bauldree said it was in excess of $200,000. The funds were
issued and liens placed on the properties. If the residents remain in the properties for
the designated term of the liens the liens will be forgiven. City Attorney Goren
explained the funds were invested in the properties and while HUD is not troubled, it is
just a matter of reconciling the work done. Commissioner Partner asked if the work on
the properties was inspected and Housing Administrator Bauldree said it was.
Commissioner Portner asked how the excess monies came about and Housing
Administrator Bauldree explained rather than receiving monies for one year at a time,
the funds were issued for two and three years. Mayor Flansbaum-Talabisco asked if
this occurred prior to the administration being taken in-house and Community
Development Director Bramley said it occurred while we were handling the applications.
Commissioner Dressler confirmed this is a standard reconciliation with a safety
mechanism. City Attorney Goren said Housing Administrator Bauldree was the one
who found the inconsistencies, and while there are no illegalities it must be reconciled.
h. Item No. 6(g) on the Consent Agenda. OPPOSING HOUSE BILL 529 —
"CONSUMER CHOICE ACT OF 2007" AND HOUSE BILL 0855 AND SENATE BILL
1772 -- "CONSUMER BROADBAND CHOICE ACT OF 2007": (TR11157) Expressing
the City's opposition to House Bill 529 known as the "Consumer Choice Act of 2007"
(HB 529) and opposition to House Bill 0855 and the companion Senate Bill 1772,
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together known as the "Consumer Broadband Choice Act of 2007," urging the Florida
legislative representatives to refrain from any form of support for these bills and to vote
in opposition to them; requesting that Governor Crist advise the House and Senate
leadership that he does not support HB 529, HB 0855, and SB1772; directing the City
Clerk to provide a certified copy of this Resolution to Florida Governor Crist, Speaker of
the Florida House of Representatives, President of the Florida Senate, the Broward
County Legislative Delegation, and all other interested parties. Assistant City Manager
Phillips and Management Intern Campbell appeared. Assistant City Manager Phillips
gave a presentation. Vice Mayor Sultanof said it is not up to the State to shut off certain
segments of the population from Cable Television. Commissioner Portner said this is
an attempt to disenfranchise cities from franchising Cable TV, and questioned the
benefit to the State if this passes. Assistant City Manager Phillips explained the
Telecommunications Act provided for revenue collected by the State to be disseminated
to the municipalities. She is not sure of the financial impact involved if this passes. It
does provide for collection of the application fees at the state level. Mayor Flansbaum-
Talabisco said much of the work is done in the City's right of way and at present we
collect permit fees and oversee the work. City Attorney Goren said this is an
encroachment on Home Rule Powers and if it passes it would centralize control in
Tallahassee and become a challenge to local government. Commissioner Dressler said
he is on the Florida League Home Rule Committee and the big picture issue is class
warfare. This Bill would allow companies to only provide service in rich neighborhoods
to those who can afford big services. There will be a huge technical divide between the
rich and the poor. Corporations have no problem with this thinking, but those who
believe in democracy have a problem with it. Commissioner Portner questioned the
mechanism in the Bill, if it passes, for an allotment back to the cities and Assistant City
Manager Phillips said she did not know how it would be divided. City Attorney Goren
said if the Bill passes we will have a new partner but the formula for the relationship
between the partners has not yet been defined.
i. Item No. 7 on the Regular Agenda. AMENDING CHAPTER 2 OF THE CITY OF
TAMARAC CODE OF ORDINANCES — ARTICLE III, DIVISION _.2, _,"CODE
ENFORCEMENT BOARD" — CREATING SECTION 2-76 TO BE ENTITLED
"ABATEMENT PROCEDURES": (T02135) Motion to adopt Ordinance on first
reading amending Chapter 2 of the City of Tamarac Code of Ordinances, entitled
"Administration", by amending Article III, entitled "Boards, Committees, Commissions";
specifically amending Division 2, entitled "Code Enforcement Board" by creating Section
2-76 to be entitled "Abatement Procedures"; providing the City's Special Magistrate with
the authority to consider all abatement requests for fines imposed by the Special
Magistrate or the City's Code Enforcement Board; providing for periodic hearings at
which time all abatement requests are to be heard by the Special Magistrate; providing
criteria that must be satisfied in order for the Special Magistrate to consider an
abatement request; providing for codification. Director of Building & Code Compliance
Jones appeared and gave a presentation. Building and Code Compliance Director
Jones said there are three conditions for consideration: the property must be fully in
compliance; all abatements will be taken to the Special Magistrate at a separate hearing
designed to hear abatements, either quarterly or more often if necessary; a hearing fee
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must be paid in advance of the hearing (cost recovery). City Attorney Goren explained
the Special Magistrate is an attorney hired by the commission. Commissioner Portner
asked if the Special Magistrate has the power to subpoena and City Attorney Goren
said while the Special Magistrate could subpoena there is no value to the City issuing
subpoenas for abatement hearings. If the person does not show up for the hearing they
have lost their opportunity. Mayor Flansbaum-Talabisco questioned the fee and
Building and Code Compliance Director Jones said we are considering $75.00 but this
will be brought back to the Mayor and City Commission in the form of a resolution most
likely at the second reading of the Ordinance. Commissioner Dressler said charging a
fee makes good sense; issuing a subpoena incurs a cost to the City. Vice Mayor
Sultanof confirmed the $75.00 would be in addition to any fine already assessed.
2. DISCUSSION RE: COMMISSION CHAMBERS WINDOW TREATMENT:
Public Works Director Strain appeared and gave a presentation. Public Works Director
Strain said at the last workshop meeting he was asked to look into the costs for both
film coating and etching for the Chamber windows. After looking into the 3M film
coating he received a quote of $10,000 with a 12 year warranty on the film; the film
would add a level of protection for impact resistance. He received a quote of $35,000
for etching, which does not include breakage on the part of the vendor. There is no
safety quality added to the windows. Staff recommends the 3M film, which will cut out
80% of the sunlight and 100% of the UV rays. Removal of the existing curtain is not
included in the price, but we will remove the curtain in-house. Prior to beginning the
work the City will get three quotes. Commissioner Dressler questioned the structural
safety to the windows with the film and Public Works Director Strain said if a stone hits
the window it will shatter but the entire unit will not be compromised. Commissioner
Dressler asked if the drape has any value to anyone and Public Works Director Strain
said he would check. Commissioner Atkins -Grad said the film is only guaranteed for 12
years at a cost of $9,500 but the etching is forever, and having been in the decorating
business she feels $35,000 is very high for etching. Public Works Director Strain said
Coral Glass came to the site before giving us a quote. There is no protection as far as
hurricanes and the window, which is not that thick to begin with, will be diminished due
to the etching. Mayor Flansbaum-Talabisco asked for an expression of interest to get
three quotes for 3M film and all were in agreement except for Commissioner Atkins -
Grad. Mayor Flansbaum-Talabisco asked how long it would take and when the curtain
would be removed. Public Works Director Strain said he would get the quotes as soon
as possible and the curtain will come down as soon as he has the manpower available.
Mayor Flansbaum-Talabisco said she hoped this would be accomplished before
hurricane season begins.
3. DISCUSSION RE: APPLICATION FOR A SFWMD WATER SAVINGS
INCENTIVE PROGRAM GRANT — INDOOR PLUMBING RETROFIT PROJECT:
Laboratory Manager Oney and Special Projects Coordinator Gresek appeared. Special
Projects Coordinator Gresek gave a presentation and said the grant would be for the
2008 Water Savings Incentive Program. Lab Manager Oney said we plan to replace
toilets in residential homes and provide low flow shower heads. We will offer $100 per
toilet and we are looking at 250 homes in the next fiscal year. We are also going to the
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restaurant and food service industry to provide spray valves for pre -rinsing dishes and
we will audit their systems. Vice Mayor Sultanof questioned restaurants serving water
now that we are under mandated restrictions and Lab Manager Oney said as soon as
the water restrictions went into place literature was sent to the restaurants. Vice Mayor
Sultanof spoke of New York City Mayor Koch's method of dealing with water shortages
and asked how people are able to get the shower heads. Lab Manager Oney said they
can call Utilities and when Utilities staff speaks to various groups they bring the shower
heads with them. Additionally information will be in the Tam -A -Gram. Special Projects
Coordinator Gresek added the water conservation position in the Utilities Department
will be used as a match for the grant. Commissioner Portner asked if the shower heads
reduce the pressure and Lab Manager Oney said the pressure is the same; Director of
Utilities Gagnon said it is about 65-70 PSI. Commissioner Dressler said while he is in
favor of the item, this raises policy issues that the City needs to address. Water is a
long term issue and the elected body should consider making Level One Water
Restrictions permanent. We will have to invest millions of dollars to clean water for
future use and that should be the basis for a long term policy change to mandate that
people use less water. The second policy regarding new construction or redevelopment
would mandate that construction be consistent with the retrofit standards in this grant.
Lab Manager Oney said the retrofit is part of the Building Code as well as industry
standard. Mayor Flansbaum-Talabisco asked how the awareness in Tamarac is
progressing and Lab Manager Oney said there has been a 20% saving over the last
year. Mayor Flansbaum-Talabisco suggested the information regarding 50 ways to
save water, (a publication from the SFWMD) be posted on our website. Additionally,
the Mayor and City Commission need to discuss what the City wants to do to keep
water conservation and restrictions going even after the drought is over. Commissioner
Atkins -Grad said she is pleased to see Hallandale has taken up her suggestions
regarding water restrictions and is now not permitting water to be served in restaurants
unless specifically requested. Commissioner Atkins -Grad thanked Director of Utilities
Gagnon for the sign boards. Commissioner Dressler said pool levels are down and
asked for a solution to evaporation. Lab Manager Oney said pool covers cut down on
evaporation and Director of Utilities Gagnon said while he waits for his shower water to
heat up he captures the running water in a bucket and puts that water into the pool or
waters his plants with the water. Commissioner Portner questioned restrictions taking
place on Friday and Director of Utilities Gagnon said there is a recommendation from
staff that the Board will vote on this Thursday; we have to meet the maximum pressure
of 45 PSI at the end of the line. The Mayor and City Commission may periodically get
complaints from their constituents regarding low pressure. Mayor Flansbaum-Talabisco
asked if in addition to the 50 Ways to Save Water being placed on the website, we can
also place information regarding the canal situation on the website.
Commissioner Dressler asked to have a resolution added to Wednesday's agenda
supporting Representative Ari Porth's HB 703 (Terror Free Investing). This would cut
investment ties to Iran and Sudan for any company that invests in energy securities or
companies that do business with those two countries. Commissioner Dressler said after
20 years as a veteran in the Wall Street Community, and a Master Trustee for the
Florida League of Cities Pension Trust, he agrees we should cut our ties with terrorist
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states. Mayor Flansbaum-Talabisco asked that the resolution be sent to Broward
Cities, National League of Cities, and she would make sure it got to the U.S.
Conference of Mayors. Mayor Flansbaum-Talabisco asked for an expression of interest
to have the resolution drafted and added to Wednesday's agenda. All were in
agreement.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the workshop meeting at 11:15 a.m.
Marion Swenson, CIVIC
City Clerk
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