HomeMy WebLinkAbout2006-04-10 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, APRIL 10, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the
City Commission to order on Monday, April 10, 2006, at 9:00 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Partner,
Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, 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, 2006 AGENDA ITEMS:
a. Item No. 8. EVALUATION AND APPRAISAL REPORT FOR THE CITY OF
TAMARAC COMPREHENSIVE PLAN: (TR10931) Motion to approve Resolution
adopting the Evaluation and Appraisal Report for the City of Tamarac Comprehensive
Plan; stating the intent of the Mayor and City Commission of the City of Tamarac to
amend the City's Comprehensive Plan in accordance with the recommendations
contained in the report to the Department of Community Affairs in accordance with
Section 163.3191, Florida Statutes (Case No. 1-MI-06). Planning & Zoning Manager
Ross and Michele Mellgren and Associates, Consultants.
Mayor Flansbaum-Talabisco moved out of the order of business on the workshop
agenda to take up Item 1(b), as the consultants had not yet arrived.
b. Item No. 7. AMENDING CHAPTER 24 OF THE TAMARAC CODE — ARTICLE
X. "WOODLANDS OVERLAY ZONING DISTRICT" SECTION 24-804 3 "MINIMUM
STANDARDS FOR MAINTENANCE OF PREMISES": (T02114) Motion to adopt
Ordinance on first reading amending Chapter 24 of the City of Tamarac Code of
Ordinances entitled, "Zoning`, Article X, "Woodlands Overlay Zoning District", Section
24-804(3), "Minimum Standards for Maintenance of Premises", to reflect the addition
of the colors white and bronze as approved colors for pool fences (Case No. 7-Z-06);
providing for codification. Deputy City Manager Cernech gave a presentation.
Commissioner Sultanof said the Homeowner Associations in a letter dated February 16,
2006 only asked for the inclusion of white but the ordinance addresses bronze also.
Deputy City Manager Cernech responded the two colors were included for the sake of
continuity.
C. Item No. 6(f). DAVIDSON FIXED INCOME MANAGEMENT — THIRD RENEWAL
OPTION: (TR10933) Exercising the third renewal option to the existing agreement
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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, 2006, through April 14, 2007, Financial Services Director
Chapman gave a presentation. Commissioner Sultanof confirmed the contract will be
the same; with no changes. Commissioner Dressler disclosed a telephone
conversation with Mr. Scott, who is in Colorado, and he reviewed the level and quality of
service offered the City. Commissioner Dressler said he also did a portfolio analysis
and met with the directors and advisors; he is satisfied with the terms of the contract
and the quality and type of services the City received from the company. Mayor
Flansbaum-Talabisco confirmed we will be dealing with the same people as in the past.
d. Item No. 6(h). AMENDING EXPENDITURE BUDGET AND BUDGET OF
ESTIMATED REVENUES FOR FY06: (TR10938) Amending the expenditure budget for
the fiscal year 2006; amending the budget of estimated revenues for the fiscal year
2006. Financial Services Director Chapman and Management and Budget Officer
Sammartino appeared. Management and Budget Officer Sammartino explained the
budget amendments and said they are housekeeping measures. Vice Mayor Portner
questioned the $127,000 matching funds and Management and Budget Officer
Sammartino explained each has a different match requirement. Vice Mayor Portner
asked where the money would come from with regard to the $750,000 for new
appropriations and Management and Budget Officer Sammartino spoke of monies in the
reserve fund balance that will be used to pay off heavy equipment leases and monies
being put away for computer replacements. Financial Services Director Chapman
added under the new appropriations area there is some new money. As a result of
Hurricane Wilma, Building and Code Compliance already met their FY06 budget
projections on the revenue side but there are higher expenses for personnel to get the
work done. Vice Mayor Portner asked what the additional revenues are and Financial
Services Director Chapman said about $1 million over what was budgeted. Vice Mayor
Portner asked if the City received any of that money back from FEMA and Financial
Services Director Chapman said no. Mayor Flansbaum-Talabisco spoke of
housekeeping actions covering the 2004 hurricane season and Financial Services
Director Chapman said we should be done with the 2004 hurricane season and will then
start working on the 2005 season.
e. Item No. 6(c). WAIVING PERMIT AND INSPECTION FEES: (TR10916) Waiving
permit and inspection fees for installation of water conservation devices as a part of
South Florida Water Management District's water savings incentive program. Assistant
Director of Utilities Moore, Support Services Manager D'Amato, and Laboratory
Manager Oney appeared. Assistant Director of Utilities Moore gave a presentation.
Commissioner Sultanof asked for an explanation of water conservation, and Laboratory
Manager Oney said the devices are designed to stop irrigation systems after a rain.
Commissioner Sultanof questioned gated communities and condominiums and asked
where the devices would be installed. Laboratory Manager Oney explained the devices
would be installed at sprinkler timers in each area that has a timer. Mayor Flansbaum-
Talabisco confirmed we obtained a grant from the SFWMD for this program and asked
how residents and business owners will find out about the program. Laboratory
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Manager Oney said each year the SFWMD provides grants for retrofits and
conservation. This year Tamarac received $30,000 to use for rain sensors and
installation. Some residents and business owners were previously contacted regarding
the program. Letters were sent to everyone with irrigation accounts that use City water;
information will also be included in the Tam -A -Gram. Mayor Flansbaum-Talabisco said
it is vital to get this information out and asked if this also applies to single-family homes.
Laboratory Manager Oney said it does. Commissioner Sultanof asked if the information
could be included in the water bills and Laboratory Manager Oney said it could.
Additionally, we will prioritize beginning with the biggest water users. Mayor
Flansbaum-Talabisco asked if more or less people are aware of the sensors and
Laboratory Manager Oney said at this time, less. Mayor Flansbaum-Talabisco added it
is up to the city to educate people. Commissioner Atkins -Grad said the Homeowner
Associations have newsletters and the presidents of each association should be
contacted to place the information in their newsletters. Commissioner Dressler added
the city should do everything necessary to get the information out to the residents and
business owners. Mayor Flansbaum-Talabisco suggested the Utilities Department talk
with the City Manager and get back to the Mayor and City Commission with suggestions
on how the Mayor and City Commission can help get the information out to the public.
Vice Mayor Portner questioned the fiscal impact of waiving the permit fees and
Laboratory Manager Oney said probably $100 this year. Commissioner Sultanof asked
about a highlighted column in the Tam -A -Gram and Laboratory Manager Oney said the
centerpiece of this issue is water conservation. Mayor Flansbaum-Talabisco said this is
very important and the Mayor and City Commission want to be part of getting the word
out. Commissioner Dressler said the backup on this matter regarding fiscal impact
gives the impression the savings in water usage is greater than the marginal cost of
implementing the program. Assistant Director of Utilities Moore explained as we look to
added developments we look at the impact on water usage and we must start
conserving water. There are savings through other intangibles. Laboratory Manager
Oney added anything we do to conserve water is looked upon favorably in the minds of
the Water Management District.
f. Item No. 6(g). BID AWARD AND AGREEMENT — AKERBLOM
CONTRACTING,_ INC. — PUMP STATIONS 2A AND 18 REHABILITATION PROJECT:
(TR10936) Awarding Bid No. 06-07B to Akerblom Contracting, Inc., and executing an
agreement between the City of Tamarac and Akerblom Contracting, Inc., for an amount
of $459,001.00 for the Pump Stations 2A and 18 Rehabilitation Project; approving
funding for this project from the appropriate Utilities Operational account; authorizing the
appropriate city officials to administer the contract. Assistant Director of Utilities Moore
and Purchasing and Contracts Manager Glatz appeared. Assistant Director of Utilities
Moore gave a presentation. Commissioner Sultanof questioned the $40,000
contingency and asked if this was included in all bids. Assistant Director of Utilities
Moore said all projects have contingencies and this falls within the 10% range. The
project schedule is 150 days after notice to proceed. FPL's time is 60 days for PS18
and 90 days for PS2A. The system is expected to be on line by October 2006. Mayor
Flansbaum-Talabisco expressed concern with the time frame, as hurricane season
starts in June, and asked how we will fare should a storm hit in the middle of the season
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while the project is ongoing. Assistant Director of Utilities Moore said we will have a
diesel driven pump on the lift station and will actually be in a better position than we are
now. The project should be in front of the primary hurricane season of September if
FPL is timely. Mayor Flansbaum-Talabisco questioned a statement made at the
beginning of the presentation regarding Tamarac's hours being over and above what
the county is happy with and questioned the impact if we do not get up to speed quickly.
Assistant Director of Utilities Moore said the county's hours are a guideline but they can
hold up permitting if a developer wants to tie into the lines with excess run time. Vice
Mayor Partner asked how old the pumps are and Assistant Director of Utilities Moore
said the stations are 30 years old. Vice Mayor Portner questioned the warranty or
guarantee and Assistant Director of Utilities Moore said 5 years on coatings, 5 years on
pumps, and 5 years on generator maintenance. Additionally we will not have automatic
transfer switches on the generators. Vice Mayor Portner asked what the maintenance
contract entails and Assistant Director of Utilities Moore said replacement pumps and
generators. Utilities will do the installation but we have the right to bill back for labor.
Mayor Flansbaum-Talabisco returned to Item 1(a) on the workshop agenda.
a. Item No. 8. EVALUATION AND APPRAISAL REPORT FOR THE CITY OF
TAMARAC COMPREHENSIVE PLAN: (TR10931) Motion to approve Resolution
adopting the Evaluation and Appraisal Report for the City of Tamarac Comprehensive
Plan; stating the intent of the Mayor and City Commission of the City of Tamarac to
amend the City's Comprehensive Plan in accordance with the recommendations
contained in the report to the Department of Community Affairs in accordance with
Section 163.3191, Florida Statutes (Case No. 1-MI-06). Michele Mellgren and Paula
McMichael, Associate Planner of Michele Mellgren Associates, Consultants appeared.
Deputy City Manager Cernech gave a presentation. Ms. Mellgren said the company is
$5,000 - $10,000 under budget as contracted. The purpose of the report is to identify
issues of importance to the City and how effective the comprehensive plan is in
addressing the issues. Ms. McMichael explained the Florida Statutes requires us to
look at changes in population (there was a 5.4% increase from 2000 — 2005); changes
in land area (there have been no annexations); vacant land; demands of growth on
infrastructure; location of new development; schools; water management district plans;
and provide a summary assessment of each element. Specific issues to Tamarac are
housing (the Tamarac plan is sufficient in addressing affordable housing); and economic
development (sufficient). The consultant's recommendations are to update the
comprehensive plan with regard to housing — amount of uses and flexibility in uses; with
regard to economic development — at the time the plan was written, Main Street was not
included. Now there has been a change to the MXD use (57th Street). Consultants
recommend including provisions in the plan to allow residential zoning in recreational
areas; investigate Broward County MXD use to see if it is appropriate to that corridor;
intergovernmental coordination; and adopt an economic development element. Ms.
Mellgren explained the report does not change the city's goals, objectives or policies.
Part two of the process is the EAR based amendment, which is an 18 month process to
bring it up to date. Commissioner Sultanof confirmed when working on the commercial
zoning we pick up flex units for housing, so when we do more in the Commerce Park we
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can tack on flex units for affordable housing. Commissioner Sultanof said this was a
very good report and thanked the consultants. Vice Mayor Portner asked if it is
anticipated that the median age will continue going down and Ms. McMichael said she
did not project to the future. Vice Mayor Portner questioned the annexation process
and Deputy City Manager Cernech said we are proceeding as planned; when the
decision is made whether we will go with voluntary or involuntary annexation we will
come back to the Mayor and City Commission, and this should be within the next
several months. Commissioner Dressler complimented the consultants on the quality of
the report. Commissioner Dressler said several issues raised in the report have
strategic, long term impact on the ongoing process, and asked how we will get there.
City Manager Miller replied this is an excellent starting point for the May 4-5, 2006
retreat on visioning. There is a correlation in this report and the list of items the City
Manager and Mayor and City Commission came up with at the last retreat. If something
interests the Mayor and City Commission, please let the City Manager know.
Commissioner Dressler questioned the existing housing supply and asked if the MXD
use/redevelopment address this need. Ms. Mellgren said this is a wonderful opportunity
to increase housing stock. Redevelopment has to consider the same density and
increased density. MXD use along main roadway corridors is a good opportunity for
additional housing. The County Commission wants cities to think about main corridor
development. Commissioner Sultanof said this originally started with Mizner Park, then
Main Street in West Palm Beach, and hopefully Tamarac. Tamarac has affordable
housing but fire and police personnel can not find apartments to live in because of
condominium conversion. Ms. Mellgren said other cities are considering this matter but
there are property rights and legal issues involved. Commissioner Sultanof asked how
condo conversion can be stopped and whether it falls under the comprehensive plan.
Vice Mayor Portner said he would rather see a different nomenclature for affordable
housing; we are looking to build quality homes for working people. Ms. Mellgren said
other terms have been used for affordable housing such as attainable housing and
workforce housing. Vice Mayor Portner said the genesis of these terms is quality
housing for working people. Vice Mayor Portner asked if transit oriented corridors have
been looked into and Ms. Mellgren said that is outside the charge of what her firm was
hired to do. Vice Mayor Portner asked if the firm is looking at any east/west corridors
and Ms. Mellgren said no. Vice Mayor Portner said it appears that the north/south
corridors move well, but there is nothing going east/west that moves well. Since
Broward County is growing in the west it behooves us to look at east/west corridors or
else we will become land locked. Commissioner Dressler agreed with Vice Mayor
Portner regarding the concept of affordable housing and added workforce housing is
defined as individuals or families with household income of $40,000 - $80,000. We
need to find practical solutions to this issue. Employee workforce housing is more
specific. Mayor Flansbaum-Talabisco confirmed the commissioners are suggesting
using the word 'workforce' and said she agrees. City Manager Miller said he has no
objection to use of 'workforce housing' but for purposes of official documents we must
be consistent with terminology used by Broward County and the State. For our
purposes here, we can use the new terminology. Mayor Flansbaum-Talabisco
confirmed for reporting purposes we will use the terms established; our understanding is
that we are talking about workforce housing. Ms. Mellgren said for the purposes of this
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document we must use affordable housing, as it is a technical term. Vice Mayor Portner
said there is the SHIP program and help for first time owners ($20,000), but that is a
drop in the bucket for working people. Vice Mayor Portner said about $50,000 is
needed to afford a $200,000 home and asked if there is a way to get the State or
Federal government to contribute funding. City Attorney Goren said several Bills are
pending in Tallahassee regarding affordable housing, and there is language included
that talks about classification of individuals who qualify, such as nurses, teachers,
firefighters and police. Broward County uses both affordable housing and workforce
housing, and the item is in a state of flux. The City can not play a role by investing
public funds for private purposes. There may be state programs that recognize that
need. Mayor Flansbaum-Talabisco said we can follow these Bills and be in touch with
our legislators and asked that copies of the Bills be given to the Mayor and City
Commission. Vice Mayor Portner asked City Manager Miller to contact Ron Book and
inform him of the desires of the Mayor and City Commission. Mayor Flansbaum-
Talabisco thanked Ms. Mellgren for the report and said it was very user friendly. Mayor
Flansbaum-Talabisco questioned whether in talking about housing the intent was for
rental and the ability to purchase a home. Ms. Mellgren said when Broward County
talks about workforce housing they are only talking about ownership of single family
detached residences. Ms. Mellgren said she feels rental units are an important part of
the housing structure. Mayor Flansbaum-Talabisco said many young people starting
out begin in apartments, and asked what is logical in wiping out that segment.
Commissioner Dressler said he would like to think Tamarac would be among the
leading edge on this issue and include workforce rentals in the strategic plan. City
Attorney Goren said at the present time the Regional Planning Council addresses
housing opportunities. A supplement published by FIU refines and better defines issues
of affordability beyond ownership. There is no requirement under state law for
affordable housing to be addressed. Commissioner Dressler said the Mayor and City
Commission represent the people some of whom can not afford homes or
condominiums, and Commissioner Dressler said he would ask the County to refocus on
these people. Mayor Flansbaum-Talabisco said City Attorney Goren will guide us on
what we can do or talk about as we go forward. Deputy City Manager Cernech said
with regard to affordable/workforce housing, if Human Resources Director Swanson
were here she would say there are groups not represented by the legislation under
consideration in Tallahassee, groups such as utility workers, maintenance workers,
aquatic sprayers, and parks and recreation laborers, who are also heads of households
and are being forced out of rental market. Mayor Flansbaum-Talabisco asked what
happens after approval of this item on Tuesday and Ms. Mellgren said the report is sent
to the State Department of Community Affairs and they will issue a letter finding the
report sufficient. The next step is the EAR Based Amendment to update aspects of the
comprehensive plan.
g. Item No. 6(i). GRANT APPLICATION — GENERATOR WITH FUEL TANK AT
FIRE STATION #41: (TR10937) Authorizing the appropriate city officials to submit an
application to the U.S. Department of Homeland Security for Assistance to Firefighter
Grant Program Funds for replacement of the Fire Station 41 generator and fuel tank
with a new generator and fuel tank in the amount of $100,000 providing for a 20 percent
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cash match of $25,000 in local funds for a total project cost of $125,000 in the event of
approval of the application; providing for acceptance of the award and executing of
documents upon approval. Fire Chief Budzinski and Special Projects Coordinator
Gresek appeared. Special Projects Coordinator Gresek gave a presentation. Mayor
Flansbaum-Talabisco confirmed the city would purchase the generator whether the
grant is awarded or not and Fire Chief Budzinski said it is part of the overall plan in the
city to replace generators. Vice Mayor Portner asked if modification of the station's
facilities includes adding to the station and Special Projects Coordinator Gresek said we
can add to the facility but not the structure of the facility, e.g., we can put items into the
fire station, such as adding a generator or replacing an older one. Vice Mayor Portner
questioned the size of the generator and Fire Chief Budzinski said it will have the
capacity to power everything in the fire station. Mayor Flansbaum-Talabisco questioned
the time frame for the grant and Fire Chief Budzinski said announcements will begin in
October. Vice Mayor Portner asked if the City qualifies for the grant and Special
Projects Coordinator Gresek said the granting agency told us we would be able to
apply. Fire Chief Budzinski added there are a limited number of funds available through
the program. Some grants have been received over the past few years; some were
only partially funded. Vice Mayor Portner questioned the cost of the generator and Fire
Chief Budzinski said $150,000. Commissioner Sultanof said our fuel tank
accommodates the generator we currently have and asked about the size of the new
tank. Fire Chief Budzinski said the fuel tank supplies fuel for vehicles and generators.
We have 1,000 gallons now and it will depend on the consumption rate of the new
generator as to the capacity. Commissioner Sultanof asked if there is a plan in place for
fueling small generators and Fire Chief Budzinski said a plan has been developed since
last year. The Tamarac Community Center is setting up a recharging station for
medical equipment. If the situation becomes critical people could go to any fire station
to charge their units, but their first stop should be the Tamarac Community Center.
h. Item No. 6(k). AGREEMENT RENEWAL — AMERICAN HEART ASSOCIATION:
(TR10918) Executing an agreement between the City of Tamarac and the American
Heart Association allowing the City of Tamarac Fire Rescue Department to be a training
center for the American Heart Association nunc pro tune to September 1, 2005 through
November 1, 2006; providing for automatic renewals. Fire Chief Budzinski and EMS
Division Chief Sheridan appeared. Fire Chief Budzinski gave a presentation.
Commissioner Dressler asked for a definition of nunc pro tune. City Attorney Goren
said it means now for then; retroactive. Mayor Flansbaum-Talabisco asked how many
city employees are trained in this program and EMS Division Chief Sheridan said 130
excluding firefighters. The program is also being geared up for the summer camp
counselors in Parks and Recreation. Mayor Flansbaum-Talabisco said she hoped more
employees would participate in the program; this program is very important and we
should get as many people as possible trained. Mayor Flansbaum-Talabisco asked if
there would be a defibrillator in the new aquatic center building and Fire Chief Budzinski
said we are waiting for a delivery of defibrillator's through the grant program. Parks and
Recreation Director Warner said there is one on order for the aquatic center. EMS
Division Chief Sheridan added ten more defibrillators are scheduled to be purchased
through the grant and will be installed at city facilities and in city vehicles.
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i. Item No. 60). DEDICATED LOCAL FUNDING SOURCE FOR TRANSIT
IN SOUTH FLORIDA: (TR10939) Supporting the South Florida Regional Transportation
Authority's initiative to encourage the State Legislature to legislate a dedicated local
funding source for transit in South Florida, and regional transit projects. Vice Mayor
Portner said he had asked City Manager Miller to meet with Sunrise, North Lauderdale
and Margate to talk about Commercial Boulevard, Atlantic Boulevard or Sunrise
Boulevard so the cities can work together for an east/west corridor. City Manager Miller
said he would set up a meeting if there is interest on behalf of the other cities.
Commissioner Sultanof suggested also consulting with him regarding the MPO as the
federal government is involved in the corridors and local cities have been participating;
we need to put together a complete package. Commissioner Dressler said from a
strategic plan viewpoint and visioning, we must cooperate with surrounding
communities. While he agrees with Vice Mayor Portner and Commissioner Sultanof,
the project must be kept manageable and practicable. City Attorney Goren said there
was a meeting of the Regional Planning Council and the Treasure Coast Planning
Council regarding funding sources for transit. Mayor Flansbaum-Talabisco said the key
word is regionalism; that seems to be the way things are going. Commissioner Dressler
said Tamarac should be involved as leaders, not followers. City Manager Miller said
most of the Commission will be attending a luncheon meeting with elected officials of
surrounding cities, and perhaps Vice Mayor Portner can bring the matter to the table for
discussion. Mayor Flansbaum-Talabisco said it will not be Tamarac's turn to host the
meeting until October, but perhaps the meeting date can be switched in order to bring
this to the table sooner. All were in agreement. Mayor Flansbaum-Talabisco said the
Mayor and City Commission should pursue the appropriate channels.
j. Item No. 6(I), OPPOSING NORTH BROWARD HOSPITAL DISTRICT'S
CERTIFICATE OF NEED APPLICATION FOR NEW HOSPITAL: (TR10943) Opposing
the North Broward Hospital District's certificate of need application No. 9920 for a Nova
Southeastern/North Broward Hospital District new hospital; directing the City Clerk to
send a copy of this Resolution to Jeffrey N. Gregg, Chief, Bureau of Health Facility
Regulation, Agency for Health Care Administration. City Manager Miller said there has
been a request from University Hospital to oppose the Certificate of Need (CON) from
the North Broward Hospital District (NBHD), since the new hospital will cost $200 million
and there are several other hospitals in the area. The NBHD relies, to a certain degree,
on funding from taxpayers, and there are concerns whether or not our taxpayers would
receive a direct benefit from the new hospital. Most of the reason for the tax to fund the
NBHD is to take care of indigents and those with no health insurance; those who
oppose the CON are not sure it makes good use of funds for a cooperative agreement
with NSU. Commissioner Sultanof questioned the reason for a hospital on the premises
of a private college. All the other hospitals have programs that can be tapped by NSU
for their needs. There will be no gain for Tamarac to have another hospital at NSU.
NSU can fund the hospital by themselves if they wish to do so, but Commissioner
Sultanof said he did not believe the NBHD should come into the play. Commissioner
Dressler said while he had no definitive opinion at this time, he was inclined to oppose
the CON. University Hospital is operating at 80% capacity and he does not see why we
should pay more for resources outside the city when resources inside the city are not
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being fully utilized. Commissioner Atkins -Grad agreed and said she is President of
Friends For Life of the University of Miami Hospital, and the city should not be involved
in this. Commissioner Dressier said he had the opportunity to be in the intensive care
area of University Hospital with an ill family member and he saw the organizational chart
that showed the cardiac satellite unit as being on hold; he has not yet had a chance to
pursue this with Mr. Cruickshank. If University Hospital believes the residents of the
service area require a satellite cardiac unit that is where our support should go.
Commissioner Sultanof added University Hospital applied four times for a cardiac
division and they were turned down; the last time it was given to two other hospitals.
Commissioner Sultanof agreed we should have something locally, and University
Hospital is not under the NBHD it is under Tenet. The hospital services residents and
those unable to pay. Commissioner Dressler asked staff to look for ways for our city or
other cities to help University Hospital get its satellite cardiac unit. Mayor Flansbaum-
Talabisco said teaching hospitals are sometimes needed and having one down the road
is not the worst idea. Mayor Flansbaum-Talabisco said she is not in disagreement with
the financial impact to the city. Mayor Flansbaum-Talabisco asked if there is any other
backup to this item and Commissioner Dressler asked if the City Manager anticipated
hearing from NBHD. City Manager Miller said he received a phone call from the NBHD
and was told information was on the way. City Manager Miller added in a previous
application for a CON, the same proposal was turned down by the State and the same
arguments hold today. Commissioner Sultanof said his objection is to the tax dollars
being used for a hospital for a private university. Commissioner Dressler confirmed that
leaving this item on the consent agenda does not mean the Mayor and City Commission
could not come back and revisit it at another time. City Attorney Goren said that is
correct; whatever is adopted tomorrow is fixable in the future. The CON process is a
legal process provided by State law, not just a financial public hearing process. If the
Mayor and City Commission adopt a resolution opposing the CON, it will become part of
their public record. Opposition to the request will be considered by a hearing officer.
Commissioner Dressler said it may make sense to wait on this item until we hear the
NBHD's side, and Mayor Flansbaum-Talabisco asked what information would be
forthcoming. Commissioner Dressier said he is respectful of the Mayor and City
Commission and staff, but if someone wants to put something in front of the Mayor and
City Commission they should come forward themselves. Mayor Flansbaum-Talabisco
asked Commissioner Dressler if he was suggesting that he would like to see someone
from NBHD or NSU and Commissioner Dressler said it is important to him before
making a judgment to hear both sides of the story. Commissioner Sultanof said the
Mayor and City Commission would be derelict in their duty to turn a deaf ear to the local
hospital. If we vote on the item tomorrow then the NBHD will pay attention and give
their side of the story at our next meeting; they need to come forth to speak to us.
Mayor Flansbaum-Talabisco asked if the better suggestion would be to hold this item
and get the information and then put it back on the agenda. City Attorney Goren said
this would be a Commission policy. City Manager Miller suggested if the item is not
time sensitive the Mayor and City Commission could table the item for two weeks and
get testimony from other parties; if it is time sensitive he will let the Mayor and City
Commission know tomorrow before the meeting. Mayor Flansbaum-Talabisco
confirmed that if the Mayor and City Commission vote on the item tomorrow they can
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backtrack once they receive new information. Commissioner Dressler expressed
concern that by opposing the CON it would already be on record at the NBHD. City
Attorney Goren said if the City Manager lets the NBHD know it will be addressed at
tomorrow's meeting, they would be remiss in not having someone at the meeting.
2. DISCUSSION RE: CHARTER CHANGES PROVIDING FOR ELECTIONS IN
NOVEMBER AND 4-YEAR TERMS OF OFFICE: Vice Mayor Portner, City Attorney
Goren and City Clerk Swenson appeared. Vice Mayor Portner said a number of years
ago he proposed the same item. The cost of the last election was $100,000 and a small
amount of people turned out to vote. Vice Mayor Portner said he wants to make sure
the next election for Tamarac is held to coincide with the National elections and
everybody gets a 4-year term. City Attorney Goren gave a short history of the Broward
County Special Act. The municipalities in Broward County have the option to place a
referendum question on a ballot that would change the election date from March to
November. The effective date would be 18 months hence. If the Mayor and City
Commission want to move in that direction a referendum question must be submitted to
the voters; the state also provides the option to extend the terms 8 months to provide for
staggering. If we want to get the referendum question on the November 2006 ballot, the
cutoff is in July, and we will need to have two readings of the ordinance before providing
the information to the Supervisor of Elections. City Clerk Swenson spoke of the cost of
the election and the dates to forward information to the Supervisor of Elections.
Commissioner Dressler said over a ten year election period we would save $1 million by
going to November elections. Mayor Flansbaum-Talabisco asked the City Attorney to
walk the Mayor and City Commission through the affect this will have on each of the
Commissioners. City Attorney Goren explained if we assume the ordinance is adopted
by June and the question gets put on the November ballot, assuming the voters support
the issue, the effective date from the date of the November election requires a local
ordinance to regulate issues and the eight month bump for members of the commission
who just received three-year terms. We must look at who will be impacted. The
addition of time in office was contemplated by the legislators and provides for staggered
terms and transitioning. The State Statute is applicable only in Broward County.
Commissioner Dressler addressed an article in the April 9 edition of the Sun -Sentinel
regarding the City of Weston's Charter Change, and said it appears to be a trend in
cities to find the most cost effective way of running elections. Commissioner Dressler
confirmed this does not apply to term limits. Mayor Flansbaum-Talabisco agreed. City
Attorney Goren explained that using the old punch card system limited the space for
placing items on ballots, but with the new computers many more things can be included
on the ballots. Additionally, there is the cost incentive. Commissioner Dressler
confirmed that bringing other ballot questions to the electors in November would be cost
efficient and City Attorney Goren agreed there would be certain cost savings. Mayor
Flansbaum-Talabisco questioned the cost for November elections and City Attorney
Goren said taking out the cost of poll workers, printing, and other items that the city
would be responsible for would provide for a major savings on the part of the city.
Mayor Flansbaum-Talabisco said having recently been on the campaign trail and
meeting with a wide variety of people she was often asked why elections are held in
March and was asked if they could be changed to November. We are also seeing less
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City Commission Workshop
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people come out to vote in March. Mayor Flansbaum-Talabisco said she did not want
the public to perceive this as self-serving; there is the cost factor to consider as well as
trying to do what is best for the public getting them to the polls. Commissioner Atkins -
Grad agreed with the $100,000 savings. Commissioner Sultanof said this can not be
self-serving as we do not have the turnout for March elections, and November sticks in
the minds of people as that is when they voted when they lived up north. There is a
major cost factor involved and the opportunity to bring out the public and show them we
are saving money. We are streamlining the process and modernizing the city. Mayor
Flansbaum-Talabisco asked how the ballot question would read and City Attorney
Goren explained it would change the election date from March to November and
provide the Mayor and City Commission the ability to implement the transition and
provide for staggered terms. Commissioner Dressler said if it provides a cost saving
and moving the elections to November would bring out more Tamarac voters then it is
evident it would be a positive move; saving money and widening the democratic
process on the local level. Mayor Flansbaum-Talabisco said it gives the voters the
option if they are not in agreement to say no. City Attorney Goren said he needs to
meet with the City Clerk's office and overlay the terms of office. Mayor Flansbaum-
Talabisco said she wanted to make it clear to the voters that term limits will be kept in
tact and explain to the voters how it would affect the Mayor and City Commission. City
Attorney Goren said there would be full disclosure to the voters. Mayor Flansbaum-
Talabisco asked what the next steps would be if the voters approve the referendum in
November and City Attorney Goren said then the Mayor and City Commission would
have to adopt an ordinance to extend or reduce the terms of the sitting officials at least
eight months. The change will not be effective until at least 18 months. City Manager
Miller said the county holds its elections in even numbered years, so the terms of the
Mayor and City Commission would have to be changed to four year or two year terms in
order to implement the change. We will overlay the dates for the Mayor and City
Commission, and if you want to save $100,000 per election and improve the democratic
process, which are worthy goals, the Mayor and City Commission would have to change
to four year or two year terms. If there is an expression of interest to ask the City
Attorney to draft the charter question we will come back later to have this considered at
a workshop session. Commissioner Sultanof said the commission would not go back to
two-year terms but would move to 4-year terms. Mayor Flansbaum-Talabisco asked for
an expression of interest with regard to seeing this spelled out on paper clearly; how the
ballot question would be written; how it will look to the public; and how it will affect each
commissioner time -wise. All were in agreement. Commissioner Dressler asked if this
would require a public hearing and City Attorney Goren said there would be a public
hearing on second reading of the ordinance.
Mayor Flansbaum-Talabisco recessed the workshop meeting at 11:40 a.m. Mayor
Flansbaum-Talabisco reconvened the workshop meeting at 1:50 p.m. with all present as
before except Assistant City Attorney Klahr was present in City Attorney Goren's stead.
3. DISCUSSION RE: PUBLIC FINANCING OF CAMPAIGNS: Vice Mayor Portner
said he brought this item up some time ago as he is appalled at what goes on raising
funds for campaigns. Vice Mayor Partner asked the city to put up $10,000420,000 to
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City Commission Workshop
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allow non -incumbents to run for office in the City of Tamarac. For every dollar the non -
incumbent raises the City would give $.50. Commissioner Sultanof said it is appalling
that people have to run for office and have to raise a lot of money. The incumbent has
the edge, and it is difficult for people to raise money. Commissioner Sultanof said he
does not know whether the city has the authority to sponsor campaigns, and while Vice
Mayor Portner has a good point it is taxpayer money we are looking to use.
Commissioner Dressler said he agrees with Vice Mayor Portner's sentiment regarding
financing; it is atrocious the way it is done and he is in favor of financial reform as we
represent the interests of the people. Commissioner Atkins -Grad said she raised
money before she was fortunate to win the election and sometimes it was a struggle.
Commissioner Atkins -Grad said she would hate to see taxpayers' money go into
campaigns as the wrong people may be running. Mayor Flansbaum-Talabisco agreed
with Commissioners Sultanof and Dressler but expressed concern over using public
funds. Vice Mayor Portner spoke of the federal government's process to provide money
for campaign funds and questioned the ability of local government to cap the amount of
money collected. Mayor Flansbaum-Talabisco said she applauds Vice Mayor Portner's
passion. Assistant City Attorney Klahr said when people do their income taxes there is
a place on the form to check if they would like to donate money to national campaign
funds. Commissioner Sultanof said we can not compare local government to the
federal government; additionally we have not yet asked the taxpayers if they would help
contribute. Vice Mayor Partner said every year the Mayor and City Commission give
money to charities but do not ask the people if they agree; Commissioner Sultanof said
it is part of the budget and people have a right to speak during the two public hearings.
Assistant City Attorney Klahr said there is a distinction between local and federal
elections; local elections are regulated by Florida law. Under Florida law there is a
mechanism whereby candidates may raise money for elections but no place is there
included a mechanism to receive money from public entities. Assistant City Attorney
Klahr suggested this is not a City of Tamarac issue but rather a Florida issue and it
needs to be dealt with on a statewide basis in order to comply with Florida election
code. The Mayor and City Commission must contact their state representatives and
senators to amend state regulations on campaign financing. Vice Mayor Partner
questioned limiting the amount collected and spent for campaigns and Assistant City
Attorney Klahr said the City would probably have the ability to limit the amount but she
would have to provide a legal opinion for the specifics. Vice Mayor Portner asked about
limiting the amounts received from corporations or individuals and asked if the city could
be more restrictive than the state. Assistant City Attorney Klahr said she would prefer to
provide a written opinion. Mayor Flansbaum-Talabisco asked for an expression of
interest for the City Attorney's office to provide legal opinions. All were in agreement.
4. DISCUSSION RE: PROTOCOL FOR COMMUNICATION REGARDING
DISTRICT ISSUES: Vice Mayor Portner said all the commissioners represent residents
in districts within the city except for the Mayor who represents all the residents. Vice
Mayor Portner asked that before any commissioner goes into another commissioner's
district, they notify the district commissioner. Mayor Flansbaum-Talabisco said she is in
agreement 200% and it is a matter of protocol and respect for each other. Mayor
Flansbaum-Talabisco said she has speaking engagements planned and will publish a
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schedule and let the commissioners know when she will be in their districts. Vice Mayor
Portner said this affects the sunshine law. Mayor Flansbaum-Talabisco said we are a
unified group and she feels as though this affects her the most. Mayor Flansbaum-
Talabisco said she receives phone calls from residents at all hours and she informs the
commissioners and city manager of those calls. Commissioner Dressler said he
believed it would be normal procedure for the City Manager to coordinate the
information to avoid sunshine problems. City Manager Miller said that could be
coordinated through the two office assistants in the Mayor and City Commission office.
Commissioner Dressler agreed that the Mayor and City Commission respect each other
and each other's political boundaries and it is right to give each other a heads up.
Commissioner Sultanof said the Mayor is entitled to go to any district in the city but it is
protocol to advise that commissioner so the commissioner can attend the meeting and
introduce the Mayor. Mayor Flansbaum-Talabisco said we have all met people in each
other's districts; we have friends throughout the city. Many times things come up that
are unavoidable. Mayor Flansbaum-Talabisco said if she gets a call from someone in a
particular district she will let that commissioner know. Commissioner Atkins -Grad said
people in District 2 will probably continue to call Mayor Flansbaum-Talabisco until they
get comfortable with her as their new commissioner. Mayor Flansbaum-Talabisco said
we are all human and mistakes happen but we must move on and realize things do not
happen on purpose and are not meant to be disrespectful of each other. City Manager
Miller said at the retreat we talked about the role of staff and keeping the commissioners
advised of meetings in the community. This becomes a practical issue surrounding staff
as there are so many meetings and training sessions throughout the community. City
Manager Miller said he spoke with the executive team and his plan is to get information
to the administrative assistants in the Mayor and City Commission office so the Mayor
and City Commission will be aware of goings on in the city. Mayor Flansbaum-
Talabisco said it is vital that each of us know the issues being dealt with throughout the
city and asked City Manager Miller how he planned on getting the information to the
Mayor and City Commission. City Manager Miller said a system is being put together
that will get a -mails to the administrative assistants so they can inform the Mayor and
City Commission. Commissioner Dressler said he did not want to burden staff with
additional communications on minor issues. Mayor Flansbaum-Talabisco said the
information will be useful to the rest of the commission in the event a constituent calls,
and we can work through the kinks without being overly cumbersome.
5. DISCUSSION RE: COMMISSION MEETINGS OUTSIDE CITY HALL: Vice
Mayor Portner said this was brought up at the retreat and all were in agreement. Vice
Mayor Portner asked when the outside meetings would begin. City Manager Miller
suggested October due to the heavy schedule ahead. Commissioner Sultanof said the
commission had agreed to 4 meetings outside city hall in the past and we should pride
ourselves on what we are doing. No other city in Broward County does this and it gives
the people the ability to see us up front. City Manager Miller said he would work with
each of the commissioners for their schedules and their choices of outside meeting
places. Vice Mayor Portner suggested five meetings outside of city hall in order to not
omit the Mayor. All were in agreement.
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City Commission Workshop
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6. UPDATE RE: HURRICANE RECOVERY AND PREPAREDNESS FOR
UPCOMING HURRICANE SEASON:. Fire Chief Budzinski appeared. City Manager
Miller said Hurricane Wilma did a significant amount of damage to the community, even
though it was only classified as a category 1 hurricane. While we did gain more
experience in this area there is still more to learn. The executive team held significant
responsibilities and held at least 30 hours of meetings since the storm to discuss ways
of improving our operation. Fire Chief Budzinski said the cycle of heavy storm activity
should continue for the next 20 years, and predictions for the coming season are for 17
storms, nine hurricanes and five major hurricanes. A benefit of Hurricane Wilma is that
we were able to test our plan; we made emergency decisions on the fly. Fire Chief
Budzinski gave a presentation and said we received the highest recorded winds in the
county at 82-83 mph with gusts over 110 mph. Preparedness activities went well. As a
result of the storm there was no electric power, utilities were down, trees and wires were
down, there were no traffic signals and roofs were damaged. Fire Chief Budzinski
enumerated department responsibilities and in conclusion said preparedness activities
were very effective, our communication system worked well, major and secondary roads
were cleared quickly, but residents did not prepare and community expectations were
high. There were delays in receiving supplies from Broward County, the state and
FEMA and there was never enough people, ice, water, food, tarps, and generators. The
City's outreach program was very effective and Tamarac was able to return to basic
governmental services within 48 hours after the storm. Fire Chief Budzinski said it is
incumbent upon government to return to normalcy as soon as possible and to be visible.
Fire Chief Budzinski said we can do better and we are in the process of revisiting and
updating the emergency plan and identifying realistic responses from Broward County,
the state and FEMA. We will identify employee assignments prior to a storm and
participate in plan revisions at all levels and request additional services. Fire Chief
Budzinski said we can not provide everything to the people in the community following a
disaster; there are still repairs being made today and we have a long way to go.
Employees need to know it is critical to return to work as soon as possible after an
event.
Commissioner Sultanof left the room at 3:10 p.m.
Fire Chief Budzinski continued, saying all the plans need to fit together. Some things
will not be able to be done prior to the next hurricane season.
Mayor Flansbaum-Talabisco recessed the meeting at 3:12 p.m. and reconvened the
meeting at 3:20 p.m. with all present as before.
Mayor Flansbaum-Talabisco said some of the commissioners worked during the
hurricane and thanked staff and the City Manager for everything that was done. Vice
Mayor Portner and Commissioner Sultanof speak volumes about passion, as they
hauled and delivered ice and Vice Mayor Portner's wife, Helen, assisted making
sandwiches. Mayor Flansbaum-Talabisco introduced a community patriot in the
audience, Marion Tenner, and said we need more people from the community to come
out and participate in Team Tamarac. It is up to the Mayor and City Commission to go
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City Commission Workshop
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into the community and tell the people what we need. Fire Chief Budzinski spoke of
hurricane preparedness needs such as traffic control devices, lift station generators,
message boards, satellite phones, EOC upgrades, fire department windscreens, city
facility generator plan, weather stations, radios, and fire department bay doors. Mayor
Flansbaum-Talabisco asked Fire Chief Budzinski to explain his role in a disaster event
and Fire Chief Budzinski said he is the emergency manager in Tamarac. All directors
play a role in the EOC; we put forth one voice to the county. Decisions are not made in
isolation; decisions are made collaboratively with the City Manager, however, ultimate
decisions are made by the controlling person. There is also a crossover in department
lines during an emergency. Commissioner Sultanof asked Fire Chief Budzinski to look
into the following items: grids and lost power, interlocal agreements with other cities,
street lights similar to the ones used in Coral Springs, a list of all associations in
Tamarac so we can find out who needs help, and cranes to get people out of high rises
in the event people need to get to hospitals. Commissioner Sultanof also spoke of the
possibility of certificates from facilities that would allow someone to pick up enough ice
to carry a facility through (e.g., assisted living facilities). Commissioner Sultanof said
Tamarac did a spectacular job in the last disaster and he is extremely proud to be part
of Tamarac and associated with Fire Chief Budzinski for what he did during Hurricane
Wilma. Vice Mayor Portner questioned the three transit routes in the city and Parks and
Recreation Director Warner said one route was eliminated and the remaining routes
redirected. Vice Mayor Portner questioned the amount of money needed to cover
hurricane preparedness and Financial Services Director Chapman said grants have
been applied for but not yet received. The amount needed would be $247,000 over the
$898,000 figured. Vice Mayor Portner asked what was our biggest failure during Wilma
and Fire Chief Budzinski said our expectations from outside agencies did not
materialize. We could have done more if we had the resources promised to us. On a
local level there was a lack of preparedness from the residents and community, even
though this was stressed over the years. For Wilma, that message may have been
diminished by FEMA and the state saying they would be there. Vice Mayor Portner
questioned why the West Coast of Florida and Panhandle received supplies after their
disasters faster than we did. Fire Chief Budzinski explained that FEMA's plan does not
call for response before 72 hours. Vice Mayor Portner asked if FEMA and Homeland
Security are tied together and Fire Chief Budzinski said FEMA is a division of Homeland
Security. Commissioner Atkins -Grad said having attended commission meetings while
she ran for office she was convinced this is the right place to be; Tamarac is wonderful
and she is proud to be sitting here today; people care for each other and Tamarac is a
good City. Commissioner Dressler said Tamarac is blessed with superb command,
communications and control, but we must be more self-reliant as a community and City.
Our obligation is to support you in every way possible, and if we budget items and
decide not to purchase, for example, ten traffic control devices but 12 devices, that
request should be brought to the Mayor and City Commission. The saving of one life is
worth more than the $11,500 for one traffic control device. Commissioner Dressler
asked staff to not be shy about bringing items forth that can be justified. Financial
Services Director Chapman said at this time he would like an expression of interest from
the Mayor and City Commission to reallocate surplus funds as follows: $1 million into
economic stabilization reserves and $1.9 million to the CIP fund to allow for hurricane
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preparedness and any other big items that may be necessary. Commissioner Sultanof
asked how much surplus would remain and Financial Services Director Chapman said
we would still have 10%. Mayor Flansbaum-Talabisco said at the retreat hurricane
preparedness was put on the list of to-do meetings and asked if this meeting today
constitutes the hurricane preparedness meeting. City Manager Miller said staff wanted
to get with the Mayor and City Commission as soon as possible to discuss hurricane
preparedness and we hope to meet with you again in the future as necessary. At this
time we need to move forward to order supplies. Mayor Flansbaum-Talabisco asked
how long it will take to order the necessary supplies and Fire Chief Budzinski said some
equipment is readily available and some must go through the purchasing process. The
bid for traffic control signals is in the process and we are looking at an August delivery.
We have received four generators and will vote on two others at tomorrow's meeting.
The message boards will have to go through the purchasing process but we may be
able to piggy -back on another bid. However, in order to do the above, we need an
indication from the Mayor and City Commission that you want to move forward. The
items were not appropriated in the current budget; they are identified as a result of
Wilma and need immediate attention to improve our response to any storm. Mayor
Flansbaum-Talabisco said preparedness before, during and after storms is foremost on
our minds. Promises were made on the campaign trail and it sounds like a little bit of
room is needed in the event the list needs to be added to; given this is new territory it
sounds like this is the right thing to do. Mayor Flansbaum-Talabisco asked when we
would revisit this issue. Financial Services Director Chapman said the budget
amendment resolution for tomorrow night's meeting will be amended to reallocate
surplus funds. Then the Mayor and City Commission will see item by item come before
you, except for the smaller items that do not reach the level of commission approval. If
we feel additional items are needed as we get closer to the season we may come back
to you. The plan is constantly being reviewed. Commissioner Dressler said he expects
that we will get things right the first time, before the first storm hits. Commissioner
Dressler said the number one priority is public safety and he is not comfortable with
concepts; he would rather have analysis and diligent, concrete numbers. Then the
Mayor and City Commission can decide if the request makes sense. Commissioner
Dressler asked that specifics be brought to the Mayor and City Commission. Mayor
Flansbaum-Talabisco said she also was not comfortable with conceptuals. City
Manager Miller explained the executive team spent 30 hours to arrive at this point, and
we feel this is the minimum necessary to prepare for the next hurricane season.
However, every single need of every single person in Tamarac will not be satisfied with
this, but this is a safe and prudent plan. We need your permission to move forward.
Deputy City Manager Cernech said procurements need to be made as soon as
possible, and other needs will arise as we go further along. These plans are not
conceptuals and it is the Mayor and City Commission's decision whether to spend the
money or not. Mayor Flansbaum-Talabisco expressed concerns for the upcoming
season, such as extra blue tarps, downed signs, roofs still with blue tarps on them, ham
radios, Coral Springs has a low frequency AM radio station that we may want to hook
into, curfews, pharmacies open after the storm so people can get their medications (Ari
Porth is working on a Bill regarding pharmacies being open), coordination of volunteers
prior to an event, FPL still has broken light poles, Nan Rich spoke of pet shelters and
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City Commission Workshop
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1
1
Tamarac having the only one in the County. Mayor Flansbaum-Talabisco said we need
a follow-up on this either at a workshop meeting or a separate meeting. Commissioner
Dressler said this is serious business. Financial Services Director Chapman asked if he
could get an expression of interest from the Mayor and City Commission to move
surplus funds as follows: $1 million to the stabilization reserves and $1.9 million to the
CIP for hurricane preparedness subject to normal purchasing procedures. All were in
agreement. Fire Chief Budzinski said in response to questions from the Mayor and City
Commission regarding what they could do during a storm event, the best thing is what
you are doing now; giving staff the resources and support before a storm hits. Be in the
community after the storm hits. Fire Chief Budzinski thanked the Mayor and City
Commission for their expression of interest and said he looks forward to providing these
resources to the community for the storm season and for allowing the staff to do their
jobs.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the workshop meeting at 4:20 p.m.
Marion Swenson, CIVIC
City Clerk
April 10, 2006
City Commission Workshop
Page 17 of 17