HomeMy WebLinkAbout2007-04-23 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, APRIL 23, 2007
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the
City Commission to order on Monday, April 23, 2007, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW $$th Avenue, Tamarac, Florida.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof,
Commissioner Edward C. Portner, 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 25_, 2007 AGENDA ITEMS:
a. Item No. 6(b) on the Consent Agenda. AUTHORIZING SUBMISSION OF AN
APPLICATION FOR GRANT FUNDS FOR PHASE 1 BIKEWAY SYSTEM: (TR11174)
Seeking Federal Surface Transportation Program funds via an application through the
Broward County Metropolitan Planning Organization to the Florida Department of
Transportation in the amount of $500,000 for an integrated bikeway/walkway system
within the City of Tamarac; providing for a 50 percent cash match of $500,000 in local
funds for a total project cost of $1,000,000 in the event of approval of the application;
providing for acceptance of the award and executing of documents upon approval.
Parks and Recreation Director Warner and Special Projects Coordinator Gresek
appeared and gave presentations. Commissioner Portner questioned putting off
applying for the grant until after the legislature makes its decision with regard to tax
reform. Director of Parks and Recreation Warner and Special Projects Coordinator
Gresek explained that the funds will not be available for three years after application,
and since the City is LHAP certified, if we get approval this year, we can go ahead and
do the project and then in 2010 apply for reimbursement, and there is no commitment
on our part should we decide not to move forward with the project. Commissioner
Dressler confirmed the Temporary Resolution is for authorization to apply for the grant;
and Commissioner Dressler added there appears to be no benefit in putting off applying
for the grant. Vice Mayor Sultanof said this subject came up at the last MPO meeting,
and it is wise to apply for the grant at this time; it is a win/win proposition.
Commissioner Atkins -Grad said we can always decide not to move forward with the
project but there is no reason not to take this opportunity to apply for the grant; we are
doing everything possible for our residents. Commissioner Portner questioned the
application deadline and when we would receive the feasibility study. Director of Parks
and Recreation Warner said we would receive the results of the study over the summer;
Special Projects Coordinator Gresek said May Td is the application deadline.
Commissioner Portner repeated he is not comfortable approving the application at this
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time; he would prefer to see the study first and expressed concern for the City spending
the money up front for the project, as these are difficult times. Mayor Flansbaum-
Talabisco confirmed by putting in our application we are not obligated to go through with
the project.
b. Item No. 6(c) on the Consent Agenda. CHANGE ORDER — LINEAR PARK
PROJECT: (TR11175) Authorizing execution of Change Order No. 1 to the contract
with Tetra Tech, Inc., for additional costs to provide construction administration services
during the construction phase of the Southgate Linear Park Project; authorizing an
additional expenditure in the amount not to exceed $69,943.00. Assistant Public Works
Director/City Engineer Doherty and Purchasing/Contracts Manager Glatz appeared.
Assistant Public Works Director/City Engineer Doherty gave a presentation.
Commissioner Portner asked why this was not originally included in the project and
Assistant Public Works Director/City Engineer Doherty explained it was in the original
contract but not a part of the budget at the time. Vice Mayor Sultanof asked if the
amount budgeted is for the term of the project and Assistant Public Works Director/City
Engineer Doherty said most likely there will not be further change orders for the
engineering side of the contract.
C. Item No. 6(d) on the Consent Agenda. PURCHASE AND INSTALLATION OF
TWO _(2) SERIESA-758 LIME PASTE SLAKERS AND APPURTENANCES:
(TR11141) Purchasing and installing two (2) Wallace & Tiernan Series A-758 Lime
Paste Slakers and Appurtenances from Water Treatment & Controls Company, a sole
source distributor for Wallace and Tiernan Products; authorizing an expenditure for said
purpose in an amount not to exceed $198,314; authorizing budget transfers as needed
for said purpose. Director of Utilities Gagnon, Assistant Director of Utilities Moore,
Water Plant Superintendent Harvey, and Purchasing/Contracts Manager Glatz
appeared. Assistant Director of Utilities Moore gave a presentation. Commissioner
Portner asked for a description of slurry and Water Plant Superintendent Harvey
explained the way it is created and its use. Commissioner Atkins -Grad said she read in
the backup this company offered the City a fair and reasonable price because they have
done business with us in the past, which speaks for itself.
d. Item No. 6(f) on the Consent Agenda. PURCHASE OF SHADE KITES —
CAPORELLA AQUATIC CENTER: (TR11177) Approving the purchase of shade kites
for the Caporella Aquatic Center at a cost not to exceed $35,208.64, from Shade
Systems, Inc., utilizing the City of Jacksonville, Florida Bid #SC-0511-06 Price
Agreement Contract for Park and Playground Equipment; amending the Capital
Improvement Plan and authorizing the transfer of funds from the General Capital
Contingency Fund. Director of Parks and Recreation Warner and Purchasing/Contracts
Manager Glatz appeared. Director of Parks and Recreation Warner gave a
presentation and said the Parks and Recreation Advisory Board had discussed shade
prior to completion of the aquatic center. Since the center opened there have been
many inquiries from the public for shade and this will be a decorative structure for the
deck area. Vice Mayor Sultanof said he noticed we are piggybacking and confirmed
this was not a previously budgeted item. Vice Mayor Sultanof and Commissioner
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Atkins -Grad asked if there would be shade for the lounges. Director of Parks and
Recreation Warner said during construction and design staff identified a need for shade,
but were not able to include the item at that time. There will be lounge chairs in the
area of the shade kites. Mayor Flansbaum-Talabisco asked when they would be
delivered and installed, and if they are removable in the event of a storm. Director of
Parks and Recreation Warner said if the item is approved they will be installed before
summer. The shades are similar to those over the playgrounds and staff can take them
down in the event of a storm.
e. Item No. 6(g) on the Consent Agenda. SUPPORTING LEGISLATION
INCREASING STATE AND LOCAL HOUSING TRUST FUNDS: (TR11179)
Supporting Florida House Bill 367, that will repeal the cap on Sadowski Act revenues
that directly fund state and local housing trust funds; and urging Florida legislative
representatives to support this Bill and vote in favor; requesting that Governor Crist
advise the House and Senate leadership that he supports HB 367; 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 gave a presentation. Commissioner Portner said the money comes from
documentary stamps and asked if some of the money is earmarked for hurricane relief.
City Attorney Goren explained the cap will impact a number of different expenditures
and it will impact hurricane funds. Assistant City Manager Phillips explained the
league's position is that the intention of the Act was originally for affordable housing.
Funds should not be diverted to hurricane relief. Commissioner Portner asked if there is
any other stream for hurricane relief and added that should be looked into before the
Mayor and City Commission support this resolution. Assistant City Manager Phillips
said the resolution could be revised to ask the legislators to remove the cap and identify
sources for hurricane relief. Commissioner Dressler explained the league's position,
with which he agrees, is that the Sadowski Trust Fund's sole intention is to generate a
revenue source for affordable housing, and for no other purpose. The government and
corporations do not like the idea of helping poor people with affordable housing, so it is
being capped. Commissioner Dressler said he is in favor of this legislation. Vice Mayor
Sultanof said affordable housing is one of the biggest problems in Broward County and
the MPO predicts within the next 10 years there will be an influx of 10 million people into
Broward County. Hurricane relief should come from another source. Commissioner
Portner questioned the definition of `poor people', and said a stream of funds should be
made available out of the Sadowski Act for hurricane relief. If more people move into
Broward County, there will be more money paid in documentary stamps. Commissioner
Dressler explained his meaning of 'poor' and added it is a generic term. Affordable
means different things to different people. There are several levels of qualifications for
the SHIP funds and affordable housing impacts blue collar workers, single parent
households, working class households with two people working, and young married
people. The Sadowski Act was designated to provide initiatives and that is where the
money was intended to go; the intention is disconnected from the issue of hurricanes.
Commissioner Dressler said he understands Commissioner Portner's concern about
hurricane relief, but that is not the intention of the Sadowski Act. Monies are available
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to support affordable housing and help people keep property and neighborhoods up to
par. Mayor Flansbaum-Talabisco said we should support the legislation as it is, but
what she is hearing is that the Commission would like Assistant City Manager Phillips to
research available funding sources for hurricane relief. Commissioner Dressler said the
SHIP funds, which are part of the Sadowski Act, are able to be used to purchase
hurricane shutters. Assistant City Manager Phillips explained that Tamarac revised the
SHIP fund usage to provide hurricane shutters and those types of renovations to homes
to provide protection from hurricanes and storms. Commissioner Dressler said he
would like to have more money for Tamarac to give more people a chance for first time
access and hurricane hardening. There is a direct impact at the local level. Mayor
Flansbaum-Talabisco explained recent research from Community Development shows
there is a stock of homes in Tamarac ranging from $200,000 and under, which is a good
thing for our City, and we do have affordable housing.
f. Item No. 15. APPLICATION FEE FOR ABATEMENT OF FINES: (TR11178)
Motion to approve Resolution authorizing and imposing a seventy-five dollar ($75)
application fee to be charged to respondents requesting an abatement of fines pursuant
to an order of the City's Code Enforcement Board or Special Magistrate. Director of
Building & Code Compliance Jones gave a presentation. Vice Mayor Sultanof
confirmed the $75.00 fee is non-refundable if the individual does not show up for the
hearing. Commissioner Dressler confirmed if a person gets fined and wishes to appear
before the magistrate for mitigation of the fine the charge will be instituted at that point.
Commissioner Dressler added a clear disclosure needs to be made up front. Building
and Code Compliance Director Jones stated the fee is charged in advance and is non-
refundable; if the applicant fails to show up and asks for reconsideration he/she can
reapply. Hearings will be held quarterly and all the above will be communicated to the
respondents. Mayor Flansbaum-Talabisco confirmed if there is a postponement there
will not be another fee and Building and Code Compliance Director Jones agreed, if the
applicant notifies City staff in advance of the hearing. City Attorney Goren confirmed
these are post adjudication hearings for relief.
2. REVIEW AND DISCUSSION RE: DESIGN PLAN FOR DOG PARK: Director of
Parks and Recreation Warner, Assistant Public Works Director/City Engineer Doherty
and Samira Shalan, Engineer I appeared. Assistant Public Works Director/City
Engineer Doherty gave a presentation. Engineer I Shalan gave a presentation and
addressed main design elements, the small and large dog areas, common areas,
fountains, fencing, and shelters, dog wash area, hygiene products and waste
receptacles, landscaping and the timeline for completion in December 2007. Vice
Mayor Sultanof said it was his understanding that a volunteer group would raise
$150,000 for the park. Hermi Zumbado said this was still true. Vice Mayor Sultanof
asked if signs alerting people to fines for not picking up waste material would be posted,
questioned who would police the park and asked if this is a budgeted item. Director of
Parks and Recreation Warner replied staff will be in and out of the area, and the
volunteer group would monitor the park at certain times throughout the day.
Maintenance will fall into the day to day responsibilities; there will be no fee for use of
the park; and going forward we will plan on an FY08 submittal. Commissioner Dressler
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said most cities now have dog parks and some have a once a year community cleanup
of the park, which becomes a positive event. Director of Parks and Recreation Warner
added the use of most dog parks in the surrounding areas turns into a social event for
dog owners, as well. Mayor Flansbaum-Talabisco asked if there was enough shade for
dogs and people, questioned the number of benches in the rest area and expressed
concern regarding the dog washing area in light of water conservation in effect.
Engineer I Shalan said there would be a shelter in each area as well as four benches in
the large dog area and three in the small dog area. Assistant Public Works Director/City
Engineer Doherty said in compliance with water restrictions the dog washing machine
will come equipped with an automatic shut-off mechanism. Mayor Flansbaum-
Talabisco spoke of a documentary she had seen on television that discussed the
amount of plastic bags we all use, and asked if there was a way we could do something
positive with regard to use of plastic bags for dog waste, and whether the City would be
providing bags or asking residents to bring their own. Engineer I Shalan said the
vendor will provide a bag made of recyclable material, and if we use those bags the City
can generate revenue from recycling the bags. Mayor Flansbaum-Talabisco asked staff
to research how we can tie conservation in with the dog park, and also asked staff to
look for sources of revenue to construct the dog park. Assistant City Manager Phillips
said she would explore revenue sources; she has been looking but has found nothing
yet. Commissioner Dressler suggested using the plastic newspaper sleeves to pick up
dog waste, and also suggested Ms. Zumbado work with the volunteer group to perhaps
start a program for use of the sleeves. Commissioner Portner asked about the
landscaping, in particular the types and age of trees to be planted. Engineer I Shalan
said the trees need to be 40% or more native species.
3. PROPERTY TAX UPDATE: City Manager Miller and Financial Services Director
Chapman appeared. City Manager Miller said to date there has been no solution in the
legislature; the Senate and House are far apart and we are still in a wait and see mode..
We have been in contact with our lobbyists daily and as soon as a solution is brought to
the front, City Manager Miller will bring it back to the Mayor and City Commission.
Commissioner Partner asked how the budget will be prepared as he is doubtful a
solution will come forth by the end of this session. City Manager Miller said several
budgets are being prepared as we need to be ready for whatever is decided. If the
legislature goes to a special session and reaches a decision, we will have a budget for
the Mayor and City Commission. If not, we will be in the same boat as the rest of the
State and we will provide a pared down budget accordingly. Commissioner Portner said
in light of the current situation, he feels there are more important projects to be
addressed than a dog park or bikeway. City Manager Miller explained city budgets are
complicated. All projects brought before the Mayor and City Commission today are
bond funded, and the Mayor and City Commission have already made their decision to
fund these projects through the bonds. We can not change the basic core of the bond
financing; we can elect not to do something but we do not know what situation that
would put us in. Commissioner Portner suggested if a project is not funded we could
take that money and pay back the bonds. Financial Services Director Chapman replied,
in essence, we would have spent the money inefficiently as there would be a cost to
give it back. Additionally, it does not look good in the eyes of the bond rating agencies
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when we do not spend all the money we borrowed. City Manager Miller said
Commissioner Portner's concerns are valid, and this is a tough and complicated issue.
We want the State to recognize when they roll back the millage and cap revenues and
expenditures it affects negatively on our credit rating and bond rating. We sent a paper
to the legislature and lobbyists proposing the legislature provide a 10% bonus on top of
the rollback rate for dedicated CIP funds. Commissioner Portner said the State is trying
to take away our home rule.
Commissioner Dressler left the room at 10:55 and returned at 10:56.
City Attorney Goren spoke of the Florida Constitution and the Municipal Home Rule
Power Act. Commissioner Portner said he does not understand how the State can
impose their will upon cities. Commissioner Dressler spoke of an illusion of democracy,
and Lobbyists representing big businesses. The most recent illusion is the alleged
insurance fix, and there is also the illusion of people voting at the local level and having
representation in Tallahassee. We want to make sure that this Commission has input
into the budget and priorities. City Manager Miller said it is unfortunate for all of us, but
the Mayor and City Commission will have tough decisions, no matter which plan
passes. Whichever way the legislature goes, local governments will be blamed by the
citizens. Vice Mayor Sultanof said local government will face its biggest challenge. We
must handle our money intelligently and educate the people and keep them
knowledgeable in every step; the City is a democracy and Vice Mayor Sultanof said he
does not intend to panic. Commissioner Dressler said the long term solution is for
people to wake up and see the pain caused by the legislators and elect people who are
more respectful of local governments and home rule. The short term solution is we
must look at the public welfare given the resources we have. Mayor Flansbaum-
Talabisco said she is thankful we are able to complete the CIP projects put in place
these past few years, before the unknown comes through. It speaks volumes to the
way Tamarac planned, and our City will have a fabulous future. Commissioner Dressler
added a great challenge could be maintaining the infrastructure we already have.
Mayor Flansbaum-Talabisco spoke of the Energy Efficiency Promotion Act of 2007, and
asked for a Resolution to be placed on Wednesday's agenda in support of this Act. 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 11:10 a.m.
Marion Swenson, CMC
City Clerk
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