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HomeMy WebLinkAbout2004-05-10 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, MAY 10, 2004 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, May 10, 2004, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Partner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER: 1. MAY 12, 2004 AGENDA ITEMS: a. Item No. 6(h).TASK AUTHORIZATION — NW 70TH AVENUE ROADWAY CALMING IMPROVEMENT PROJECT DESIGN: (TR10428) Executing Task Authorization No. 04-16E with Craven Thompson and Associates, Inc. to provide engineering services for the design of the NW 70th Avenue Roadway Calming Improvement Project, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution #R-2001-185; authorizing an expenditure for said purpose in an amount not to exceed $44,600.00; authorizing the appropriate City Officials to administer the contract. Public Works Director Strain gave a presentation and said a consultant has been authorized for the design of 70th Avenue. Commissioner Roberts asked about commencement and anticipated completion of the project, and Public Works Director Strain responded from the day of authorization it would take about 120 days. Vice Mayor Sultanof asked if any part of this is connector road and if funding is available. Assistant City Manager Phillips said she would look into available funds. Commissioner Portner questioned the cost and the length of the strip and Public Works Director Strain said approximately $270,000 is budgeted but it could come to less; the project encompasses approximately three miles. Commissioner Portner asked if there had been any feedback from other communities in Tamarac. Public Works Director Strain said there have been a few inquiries but there is a policy in place and the various communities have been informed of the procedures to be followed. Mayor Schreiber asked about the basic design and Public Works Director Strain said the road would be narrowed from four to two lanes which will slow traffic. The south section will have sidewalks installed and the north section will have sectional islands. Vice Mayor Sultanof asked if the community has been included in discussions and if there are any objections to the sidewalks or reduction in lanes. Public Works Director Strain said there were previous public meetings regarding these issues and this is what the residents requested. Commissioner Roberts said she lives and travels in that area and 85% of the people who use that road speed. Traffic needs to be slowed down, since it May 10, 2004 City Commission Workshop 1 is no longer a senior community; the seniors have been asking for sidewalks for many years. b. Item No. 6(b). VARIANCE FEE REFUND: (TR10443) Approving a variance fee refund in the amount of $1,000.00 to Denise Raymond of 4927 NW 55th Court located in the Mainlands of Tamarac Lakes in the City of Tamarac, Florida (Case No. 2-B-04). Community Development Director King gave a presentation and explained the applicant came before the Mayor and Commission in September 2003 and spoke about the variance fee. In accordance with a request from the Mayor and City Commission the code was amended decreasing the fee for a variance from $2,000 to $1,000. Subsequently, in March 2004 the applicant was granted a variance for $1,000. Mayor Schreiber asked for staff's recommendation and Community Development Director King said staff did not recommend refunding the money. Mayor Schreiber asked if the applicant had financial difficulties and Community Development Director King said the only information is the letter addressed to Mayor Schreiber which is part of the backup. Mayor Schreiber said he felt the applicant's recourse was against the contractor, not the City, and said absent the applicant's ability to furnish the commission with her financial dependency, he is not in favor of a refund. Commissioner Portner said he knows the applicant; she is not in the best of health and he recommended a reduced refund of $750.00. Commissioner Roberts recommended no more than $500.00. Vice Mayor Sultanof spoke of a resident in the Isles of Tamarac who hired an unlicensed, uninsured contractor and at the conclusion of the construction had much damage to his back porch. In that instance, the Building Department followed up and the contractor made amends. Vice Mayor Sultanof suggested residents come to the local government to check on contractors and the proper procedures necessary prior to embarking on renovations. Vice Mayor Sultanof agreed with a refund of no more than $500.00. Commissioner Flansbaum-Talabisco asked for a legal basis for the refund. Deputy City Manager Cernech explained the process the applicant followed. An appeal was made to the Community Development Department where the applicant asked for the $1,000 refund, and she referenced the fact that she had fallen on hard times. The Tamarac Code provides for the City Manager to refund up to $1,000 in the event the fees are erroneously collected; however the matter was reviewed and it was decided, through Community Development, that the fees were not collected erroneously. The applicant was so informed. The applicant then applied to the City Manager and the City Manager determined no refund was appropriate under the Code. The applicant has the ability to appeal to the Mayor and City Commission if the fees were collected erroneously; but they were not collected erroneously. The City Manager may refund up to $500.00 if a hardship is established and the applicant goes through Social Services for their recommendation. That option was given to the applicant, but she refused. Unless the code is amended, there is no provision for the refund before the City Commission. City Attorney Kraft added that Section 6-36 of the Tamarac Code addresses refunds and spoke of the various criteria to be met, none of which has been met in this matter. Mayor Schreiber said based on what has been said, he believes the refund should not be approved unless the applicant goes through Social Services to prove a hardship. Commissioner Portner said it appears the City Commission is making more of this than is necessary, and it is his opinion that the Commission can refund the money if they so May 10, 2004 City Commission Workshop 2 choose. Commissioner Partner spoke of the monies budgeted for a consultant for traffic calming and an instance in which the Code Board reduced fees assessed for code violations. Commissioner Roberts questioned why the Code Board has the authority to reduce fees when the Commission does not. Commissioner Roberts said the reason the applicant needed the variance was due to the fact that the contractor made an error. Vice Mayor Sultanof recommended someone on staff contact the applicant and advise her to discuss the matter with Social Services so if she qualifies for a hardship the City Manager can make the refund of $500.00, and then advise the Commission of the outcome. Mayor Schreiber asked for an expression of interest on Vice Mayor Sultanof's recommendation, and Vice Mayor Sultanof and Commissioner Flansbaum-Talabisco said yes, Commissioner Roberts said no, Commissioner Portner said no and Mayor Schreiber said yes. C. Item No. 10. APPROVING PROJECTS RECOMMENDED FOR INCLUSION IN FIFTH PROGRAM YEAR ANNUAL ACTION PLAN — CDBG: (TR10391) Motion to approve Resolution approving the projects recommended for inclusion in the Fiscal Year 2004 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds estimated to be $509,000 for the Fifth Program Year (Case No. 9-MI-04). Community Development Director King gave a presentation. Mayor Schreiber questioned hiring a temporary/full-time Social Worker at a higher salary than that of Ms. Cure, who would be supervising this person. Parks and Recreation Director Margoles explained the Social Worker would be hired through a temporary agency, and the $22.00 per hour in question is paid to the agency; it is unknown what portion is paid to the Social Worker, Commissioner Flansbaum- Talabisco asked why the City would hire a temporary employee for the position, and Parks and Recreation Director Margoles responded there is no position at this time; it will be put into next year's budget at which time CDBG monies will be used to pay that person's salary. d. Item No. 6(i). LOCAL AGENCY PROGRAM AGREEMENT — MPO TRANSPORTATION IMPROVEMENT PROGRAM FOR MCNAB ROAD FROM UNIVERSITY DRIVE TO THE EAST CITY LIMITS: (TR10417) Executing a Local Agency Program Agreement with the State of Florida Department of Transportation for participation in a Broward County Metropolitan Planning Organization Transportation Improvement Program for McNab Road from University Drive to the east City limits to include the installation of landscaping, irrigation and brick pavers within the medians. Public Works Director Strain gave a presentation and said the grant was applied for several years ago and the funds will be available this July. Commissioner Roberts asked if pavers would be used and Public Works Director Strain explained the design, which is being done in-house, is not complete yet. All present beautification projects include pavers, so to be consistent, this project will most likely include pavers also. Mayor Schreiber asked where on McNab the road ends and Public Works Director Strain said at the City limits. Mayor Schreiber asked about trees in the medians and Public Works Director Strain said trees would be located with safe site distance in mind. May 10, 2004 City Commission Workshop 3 Commissioner Roberts questioned removal of trees in the medians and Public Works Director Strain said that has not been designed yet; however, if a tree trunk exceeds a certain diameter it may have to be removed for safety reasons. e. Item No. 6(j). LOCAL AGENCY PROGRAM AGREEMENT — MPO TRANSPORTATION IMPROVEMENT PROGRAM FOR NOB HILL ROAD FROM COMMERCIAL BOULEVARD TO WESTWOOD DRIVE: (TR10418) Executing a Local Agency Program Agreement with the State of Florida Department of Transportation for participation in a Broward County Metropolitan Planning Organization Transportation Improvement Program for Nob Hill Road from Commercial Boulevard to Westwood Drive to include the design and installation of landscaping, irrigation, curbing and brick pavers within the medians. Public Works Director Strain explained the grant was applied for at the same time as the grant for Temporary Resolution 10417. City Manager Miller said Vice Mayor Sultanof's assistance in getting the grants through the MPO is greatly appreciated. f. Item 6(e). CHANGE ORDER — SPECIFIED ARCHITECTURAL SYSTEMS INC. — TRANSLUCENT PANEL ROOF SYSTEM AT CITY HALL: (TR10445) Executing Change Order Number 1 to the agreement with Specified Architectural Systems, Inc., a sole source distributor, for the addition of work associated with the replacement of the translucent panel roof system at City Hall to include replacement of flashing/coping, repair of two (2) glass windows, and associated duct work; authorizing an expenditure for said purpose not to exceed $23,778.00. Public Works Director Strain said unforeseen conditions made this change order a necessity. Vice Mayor Sultanof said he is glad the problem was found at this juncture. g. Item No. (7). AMENDING CHAPTER 5 OF THE TAMARAC CODE — ADDING ARTICLE XI ENTITLED "PUBLIC ART PROGRAM": (T02046) Motion to adopt Ordinance on first reading adding Article XI, entitled "Public Art Program" to Chapter 5 of the Tamarac City Code, entitled "Buildings and Building Regulations", providing for the establishment of a Public Art Program, Definitions, establishment of a Public Art Fee and Public Ark Fund, projects subject to public art program requirements, establishment of a Public Art Committee, criteria for selection of artist and art, City ownership of art work, public art program guidelines; providing for codification. Parks and Recreation Director Kathleen Margoles gave a presentation and spoke of the 1 % fee and the membership on the public art committee. Mayor Schreiber asked if a special resolution or ordinance would be needed to create the committee and City Attorney Kraft said that is included in this ordinance. Vice Mayor Sultanof spoke of the National Endowment for the Arts (NEA) and possible funding for public art, to which Parks and Recreation Director Margoles responded the NEA provides grant funding to artists, but she would look into any source of funding in addition to the proposed fees. Commissioner Roberts questioned Sections 5-303(A) and 5-304(A) of the proposed ordinance and Parks and Recreation Director Margoles said the ordinance specifies what public art fees would provide for. Commissioner Portner asked if this could be made retroactive and City Attorney Kraft said it could not. Commissioner Portner questioned the staggered terms May 10, 2004 City Commission Workshop 4 and the term lengths. Parks and Recreation Director Margoles explained staggered terms are for continuity of the information and history of the committee. h. Item No. 6(f). AGREEMENT — NATIONAL AUCTION COMPANY, INC.: (TR10419) Declaring certain equipment and material as surplus and directing that certain computer equipment be disposed via sale through established internet markets, providing that a public auction be held offering the public the opportunity to inspect all other items available for disposal prior to the auction; authorizing the appropriate City Officials to enter into an agreement with National Auction Co., Inc. to conduct the public auction, and for disposing of any unsold items having no cash value, utilizing Broward County Bid #J-1 03 007 131 for auctioneering services, for a commission rate of 1.625% of the auction proceeds, plus reimbursement of out of pocket expenses for advertising and promotion in an amount not to exceed $3,200, all of which shall be deducted from the gross sales auction proceeds; placing all proceeds into the appropriate fund from which the assets were originally purchased. TABLED AT THE APRIL 28, 2004 CITY COMMISSION MEETING TO MAY 12, 2004 AT OR AFTER 7:00 P.M. Purchasing/Contracts Manager Glatz introduced IT Director Sucuoglu and said changes have been made to the list of computers for auction. Additionally, there had been interest from two local schools for the computers. Commissioner Flansbaum-Talabisco said pursuant to the last workshop she contacted the three schools in Tamarac and the two elementary schools said they would like the computers. Commissioner Roberts said the schools use Apple's and questioned how the Dell computers would fit in with their equipment. IT Director Sucuoglu said they are interested in the computers to use the Microsoft office applications and for internet connection capabilities. In both these cases it does not matter if they are Mac's or not. There are 50 computers in usable condition, but it requires commission action to make the donation to the schools. Commissioner Portner said while he does not object to giving computers to any schools, he does not understand why, with the School Board's budget, they cannot provide the elementary schools with the needed equipment. Commissioner Roberts said these computers are above and beyond what the children use; these are more for staff. Vice Mayor Sultanof questioned how the equipment would be written off and Finance Director Newman said the City pays no taxes; the net revenue after expenses is not subject to income tax. Under the new reporting requirements, equipment is amortized as to useful life. Mayor Schreiber questioned the expense of a BSO Officer for the auction and Purchasing/Contracts Manager Glatz said this is considered an overtime expense; City Manager Miller said it falls outside the boundaries of the contract. The Commissioners had no items to discuss on the regular agenda. City Clerk Swenson asked for clarification on Item 6(b), Temporary Resolution 10443, Refund of Variance Fee. Mayor Schreiber said it would be pulled from the agenda until there was evidence from Social Services regarding the applicant's hardship. City Attorney Kraft added that under the Code the City Manager could refund up to $500.00 if the applicant qualifies, and in that case, the matter will not have to come back before the Commission. May 10, 2004 City Commission Workshop 5 2. DISCUSSION RE: AMENDING THE CODE TO PROVIDE FOR ADULT ARCADES IN TAMARAC: Community Development Director King gave a presentation and said he had been contacted by a resident who wanted to locate an adult arcade in the City; the resident's two choices for the arcade were Tamarac Town Square and Tamarac Marketplace, but based on the Tamarac Code, these locations can not accommodate adult arcades. Chapter 12 of the Tamarac Code contains specific criteria restricting adult arcades from specific locations. The two locations where this type of business would be allowed are Tamarac Commerce Park and the East/West Plaza next to the Bunning Florist on Commercial Boulevard. The resident did not like the two appropriate locations and asked what could be done to accommodate him. Community Development Director King said at the Commission's direction, the code could be amended to revise the restrictions. There are distance requirements from residential areas that can not be met in both Tamarac Town Square and Tamarac Marketplace. Additionally, there are day care centers in both locations. Mayor Schreiber said he had been contacted by the resident regarding the arcade; it is for adults age 21+ and there will be games but no gambling; the participants win prizes. Currently there are two such businesses operating on Powerline Road and many people from Tamarac frequent the establishments (Tropical Acres and Treasure Island). Mayor Schreiber said he believes initially when the codes were created in the 1970's the City fathers wanted no arcades where children would come to play because of the noise. Today there have been changes in Tamarac, but anyone wanting to open that type of business can not do so because of code restrictions. Many cities have these types of businesses. There is no gambling and no indication of police problems. Mayor Schreiber suggested revising the code so the business can function. Vice Mayor Sultanof said one to two years ago the same applicant wanted to place this business in the Big Lots Center. In Pompano no cash is given for prizes, but certificates are given. If a certificate winner goes to Publix with a $50.00 certificate and purchases $10.00 worth of groceries, the balance of the certificate is returned in cash. There is a moratorium on these types of places in Pompano, and there must be a reason for it. Vice Mayor Sultanof said he is not against gambling but he would like more information. Additionally, there are restaurants in the venues the resident has chosen, and the arcade will also provide food. Vice Mayor Sultanof spoke of the Day Care centers and Church Library, as well as the fact that the residents of the Isles of Tamarac were at one time against the movie house, and this will cause more problems. Vice Mayor Sultanof added that this will not be just for seniors, and there will be a gathering of younger people which may result in drinking in the parking lots. There are control issues and Vice Mayor Sultanof said he needs more information. Commissioner Portner said he has no objection to gambling but asked why the business was restricted from the Big Lots Center. Community Development Director King said it was for distance requirements. Commissioner Portner questioned the revenue to Tamarac and the number of machines proposed, and Deputy City Manager Cernech said there would be the occupational license revenue of $115.00 per year as well as the $161.50 per machine, annually. Community Development Director King said there would be somewhere between 20-100 machines. Commissioner Flansbaum-Talabisco asked what the resident's objections were to the locations in which this type of business would be allowed, and Community Development Director King said the resident wants the business close to his home so he can monitor May 10, 2004 City Commission Workshop 6 activities. Commissioner Roberts asked what the resident's objection is to go into the industrial park, which is down the road from the Marketplace. Community Development Director King said nothing is available at that location at this time. Mayor Schreiber asked for an expression of interest and Commissioners Roberts, Portner and Sultanof said no to amending the code. 3. DISCUSSION RE: PROPER FLAG DISPOSAL AND THE CITY'S FLAG EDUCATION PROGRAM: Commissioner Portner said it is his understanding that Chief Budzinski was making arrangements for disposal of flags. Chief Budzinski said traditionally flags are collected throughout the year and properly disposed of on Flag Day; it is a very low key ceremony. Commissioner Portner said he would like this done on Memorial Day at Veterans' Park. Public Information Officer Crockett said she researched the topic and Flag Day is traditional for these ceremonies; they are kept low key due to the need to show respect for the way the flag is cared for and disposed of and to avoid public display of burning the flag. Drawing the public to this event is not the prime objective; proper disposal is the goal. Commissioner Partner said in these times many Americans are aware of what the flag means to the Country, and he would rather see the event publicized and held on Memorial Day at Veterans' Park. Chief Budzinski reiterated the ceremony and process of burning flags can be perceived by many as disrespectful and it is usually done without a large public presence. The Veterans' Associations are invited to participate. Public Information Officer Crockett said it was hoped that flags would be collected on Memorial Day and a brochure on flag care is being readied for distribution. People are urged to bring their flags to the Fire Station between Memorial Day and Flag Day for proper disposal. The ceremony will be publicized in the Tam -A -Gram. Many residents are aware of proper disposal of the flag already. Mayor Schreiber said he does not believe it is appropriate to dispose of flags on Memorial Day as it is a sad day honoring veterans, both alive and dead, for all wars. Mayor Schreiber suggested speaking with the Veterans to get their thoughts. The material is already out. Vice Mayor Sultanof said as liaison for the Veterans, they are in agreement that Flag Day is the appropriate time to properly dispose of flags. Vice Mayor Sultanof said he would like to canvass the Veterans' organizations, as the flag disposal ceremony is done this way throughout the country. Vice Mayor Sultanof said he understands Commissioner Portner's feelings, but he would like more input from the Veterans' Committee. Mayor Schreiber asked for an expression of interest to dispose of flags on Memorial Day. Mayor Schreiber, Commissioner Flansbaum-Talabisco and Commissioner Roberts said they prefer Flag Day. 4. DISCUSSION RE: PLAQUES AT VETERAN'S PARK: Commissioner Portner said there are no plaques at Veterans' Park commemorating any wars or major conflicts. Commissioner Roberts said she understands Commissioner Portner's desire, however she feels there will be a problem if one conflict is omitted from the plaque. It is better to treat all veterans equally. Vice Mayor Sultanof agreed and said major engagements not police actions should be listed. The Veterans' Committee has been in May 10, 2004 City Commission Workshop 7 favor of this for a long time. There was discussion regarding reservists and their part in the war in Iraq. Commissioner Flansbaum-Talabisco said there is no way that someone will not be offended and suggested as a compromise, to list all branches of the armed services. Mayor Schreiber said the Veterans could suggest a list of major conflicts to be honored with plaques. Commissioner Portner referenced an article in the April 29, 2004 Washington Post, which discussed the WWII memorial in Washington, the number of years it took to get the memorial, and the numbers of men and women who gave their lives for this country. Commissioner Flansbaum-Talabisco said having Veterans' Park makes a statement in and of itself. Mayor Schreiber asked for an expression of interest for plaques for major conflicts. Commissioner Roberts, Commissioner Flansbaum-Talabisco, and Mayor Schreiber said no. Commissioner Portner and Vice Mayor Sultanof said yes. Mayor Schreiber asked for an expression of interest to go to the Veterans' Committee for their recommendation of conflicts and wars to include in a plaque at Veterans' Park. Commissioner Roberts said no. Commissioner Portner, Vice Mayor Sultanof, Commissioner Flansbaum-Talabisco and Mayor Schreiber said yes. 5. DISCUSSION RE: DEFIBRILLATORS IN MUNICIPAL PUBLIC BUILDINGS AND PARKS: Commissioner Flansbaum-Talabisco said she asked staff to investigate placing defibrillators in parks and public buildings. Chief Budzinski gave a background of defibrillators and said today they are foolproof and simple to use. Additionally, legislation is expanded under the Good Samaritan Law to specify and protect users. Tamarac became a Heart Center under the American Heart Association and we amended our Code to encourage use throughout the City, as well as established a City policy. If a shock is administered within the first few minutes of an episode chances of survival skyrocket; for each minute of delay there is a 10% loss of survivability. Mayor Schreiber asked how we could be assured that if AED's are placed in various facilities someone would always be there during hours of operation to administer them. Chief Budzinski said the Fire Department can provide training to a number of employees throughout the buildings where AED's are installed. Mayor Schreiber questioned placement in parks and Chief Budzinski said in attended locations it would be the same as placing them at City Hall. Commissioner Portner said unless he can be assured that in every place where an AED is housed everyone would be trained, he would not vote for it. Vice Mayor Sultanof said he spoke with Dr. Rosenberg in Miami regarding AED's and many are placed in Kings Point and there are trained personnel. If a person is,able to attach the defibrillator then it can do no harm to the patient. Vice Mayor Sultanof spoke about the charge for training and Chief Budzinski said there is a charge for training and supplies, but not for employees. Chief Budzinski spoke about places that AED's are installed, (e.g., airports,) where there is public access to defibrillators. Chief Budzinski said for the City he recommends trained staff. Mayor Schreiber said he believes the commission is in agreement; the question is where to place them and how to operate them. Also, funding needs to be addressed. Commissioner Flansbaum- Talabisco said City Hall is a good place to start, as well as the water plant and public works building. Commissioner Flansbaum-Talabisco said defibrillators are designed May 10, 2004 City Commission Workshop 8 1 today so someone with no training can use them; instructions are attached and they give accurate prompts. Vice Mayor Sultanof recommended contacting Dr. Rosenberg to see if there is a defibrillator fund available; additionally we can look into bulk purchases, piggybacking and contributions from local hospitals. City Manager Miller said he would return to the next workshop meeting with a proposed program or recommendation. Commissioner Partner again requested that everyone in a location housing an AED be trained. Chief Budzinski said he can not assure that will happen; training will be offered to anyone who would like to be trained. Commissioner Portner questioned the 24 hour shift at the water treatment plant and Chief Budzinski said if one person is on a shift they will not be able to administer to themselves. Parks and Recreation Director Margoles said there has been an AED at the Tamarac Community Center for several years and a percentage of the staff is trained so there is always someone in the facility trained. Vice Mayor Sultanof thanked the City Manager, staff and fellow commissioners for their concern during his illness. He was kept informed and updated on issues in Tamarac. There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 11:50 a.m. Marion Swenson, CMC City Clerk May 10, 2004 City Commission Workshop 9