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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 April 23, 2007 City Commission Workshop Page 1 of 6 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 April 23, 2007 City Commission Workshop Page 2 of 6 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 April 23, 2007 City Commission Workshop Page 3 of 6 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 April 23, 2007 City Commission Workshop Page 4 of 6 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 April 23, 2007 City Commission Workshop Page 5 of 6 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 1 April 23, 2007 City Commission Workshop Page 6 of 6