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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 April 9, 2007 City Commission Workshop Page 1 of 7 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 April 9, 2007 City Commission Workshop Page 2 of 7 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, April 9, 2007 City Commission Workshop Page 3 of 7 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 April 9, 2007 City Commission Workshop Page 4 of 7 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 April 9, 2007 City Commission Workshop Page 5 of 7 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 April 9, 2007 City Commission Workshop Page 6 of 7 1 1 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 April 9, 2007 City Commission Workshop Page 7 of 7