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HomeMy WebLinkAbout2009-05-11 - City Commission Workshop Meeting MinutesCITY COMMISSION WORKSHOP MEETING MONDAY, MAY 11, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the workshop meeting of the City Commission to order at 9:30 a.m. on Monday, May 11, 2009, in Room 105 at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FI- 33321. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad, Commissioner Pamela Bushnell, Commissioner Diane Glasser, and Commissioner Harry Dressler. ALSO PRESENT: Deputy City Manager Cernech, City Attorney Goren, and Assistant City Clerk Patricia Teufel. (City Clerk Marion Swenson arrived at 10:00 a.m.) Mayor Flansbaum-Talabisco led the pledge of allegiance. Mayor Flansbaum-Talabisco moved out of the regular order of business on the workshop agenda to take up Item 10. 10. DISCUSSION REGARDING ADOPT -A -STREET PROGRAM: Commissioner Bushnell, Public Works Director Strain, Carrie Kashar and Amanda Fernandez of the Broward County Adopt -A -Street Program, appeared. Ms. Kashar gave a presentation. Commissioner Bushnell credited Mayor Flansbaum-Talabisco for bringing this program to her attention and said litter is at the top of the list of complaints from her constituents and many people have expressed an interest in such a program. Public Works Director Strain said the expense is minimal and will benefit the City of Tamarac. Commissioner Glasser said while she is in favor of the program, she is concerned about liability to Tamarac. Public Works Director Strain responded volunteers sign a waiver for the county and we can have them sign one for the City as well. Ms. Kashar advised that a sample waiver for cities has been included in the packet distributed to the Commission and that there was additional protection afforded under the Volunteer Protection Act. City Attorney Goren said his office will make sure Tamarac is protected. Vice Mayor Atkins -Grad asked how we go about getting volunteers and Public Works Director Strain said this is being coordinated with Community Development and it will be rolled out at the next Neighborhood District Meeting. We will also put signs out on the problematic streets and he does not think it will be difficult getting volunteers. There was a general discussion as to the different organizations in Tamarac that can be contacted who would be interested in Adopting -A -Street. The Mayor and City Commission were all in agreement to move forward with the Adopt -A -Street Program. Mayor Flansbaum-Talabisco moved back to the regular order of business on the workshop agenda. City Commission Workshop Meeting Monday, May 11, 2009 Page 1 of 7 Revised 05/18/09 1. PRESENTATION OF 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): Deputy City Manager/Interim Financial Services Director Cernech, Controller Cajuste, and Pablo Llerena of GLSC & Co., PLLC appeared. Deputy City Manager/Interim Director of Financial Services Cernech announced that Tamarac received another good audit, our expenses were less than our revenues, fund balances increased, debit increased due to the purchase of property and construction of buildings, our reserves remain healthy in all funds and Tamarac is in compliance with fund balance policies. Mr. Llerena gave a presentation. Commissioner Dressler asked for an explanation of GASB and how the new changes have affected auditing practices. Mr. Llerena said the Governmental Accounting Standards Board (GASB) is the standard -setting body for governmental accounting and financial reporting, and he gave an overview of the many changes in governmental auditing and the increase in reportable incidents. Commissioner Dressler thanked Mr. Llerena and Deputy City Manager/Interim Financial Services Director Cernech for doing an outstanding job. Deputy City Manager/Interim Financial Services Director Cernech credited Controller Cajuste and her staff for doing an incredible job in light of the drastic reduction in staff. Commissioner Bushnell suggested that open positions in the Finance Department not remain vacant. Mayor Flansbaum-Talabisco thanked Controller Cajuste and Deputy City Manager/Interim Financial Services Director Cernech, staff and Mr. Llerena for a job well done and asked when the next the next audit would start. Controller Cajuste said early September 2009 for the Interim Audit and December 2009 for a full audit. 2. Item No. 6(e) on the consent agenda. SUBRECIPIENT AGREEMENT FOR 2007-2010 SHSGP: (TR11600) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to execute a Sub - Recipient Agreement for 2007-2010 State Homeland Security Grant Program (SHSGP), expenditure of local government unit funding for sustainment funds for annual maintenance contract for Mutual Aid Radio Communications (MARC) unit, with the State of Florida, Department of Financial Services, Division of State Fire Marshal; providing for conflicts; providing for severability; and providing for an effective date. Division Chief Moral, Special Projects Coordinator Gresek, and Purchasing/Contracts Manager Glatz appeared. Division Chief Moral gave a presentation. Commissioner Dressler questioned the resubmission and Division Chief Moral explained the State lost the original agreement, so the City resubmitted. Commissioner Bushnell questioned the annual rate and Division Chief Moral explained it could possibly go up to $13,900 but we do not expect it to reach that high; the costs are reimbursable. 3. Item 6(b) on the consent agenda. FLORIDA COMMUNITIES TRUST FOR FLORIDA FOREVER PROGRAM FUNDS: (TR11605) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to submit a grant application to the Florida Communities Trust for Florida Forever Program funds for the Tamarac Reclamation Park project in the amount of $686,800; providing for a cash match of $2,000,000 in local funds for a total project cost of $2,686,800; providing for acceptance of the award and execution of documents upon approval of the application; providing for conflicts; providing for severability; and providing for an City Commission Workshop Meeting Monday, May 11, 2009 Page 2 of 7 Revised 05/18/09 effective date. Assistant City Manager Phillips and Special Projects Coordinator Gresek appeared. Special Projects Coordinator Gresek gave a presentation. Commissioner Glasser questioned matching funds and Special Projects Coordinator Gresek explained we can use the value of the land so there is no cash match. Mayor Flansbaum- Talabisco confirmed this will mark our place in the legislative process, and questioned other sources the City can go to in the meantime. Assistant City Manager Phillips said the City will look into whatever sources become available. 4. Item No. 6(c) on the consent agenda: PURCHASE AND INSTALLATION OF CARPET AT BSO BUILDING: (TR11597) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to purchase and install new carpet at the BSO Building at 7515 NW 88th Avenue in an amount not to exceed $22,781.75 from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. Public Works Director Strain gave a presentation. Vice Mayor Atkins -Grad confirmed the condition of the carpet and the fact that there have been leaks in the roof over the past years which have damaged the carpet. Vice Mayor Atkins -Grad asked how long the carpet will last and Public Works Director Strain said it has a lifetime warranty; most carpet lasts in excess of 15 years. Commissioner Glasser asked if the empty office area in the BSO building is included in this pricing and Public Works Director Strain said it is; however the empty office will not be carpeted until the Fire Station renovations are completed. Mayor Flansbaum- Talabisco questioned the designation of green label carpet and completion of installation. Public Works Director Strain explained it is a certification created by the carpet industry; while there is no LEEDS Certified Carpet, it qualifies for credits in LEED Material design. Public Works Director Strain explained there are still discussions needed regarding the empty office that is not to be done immediately, and once those discussions are completed, a P.O. will be issued. 5. Item No. 6 (d) on the Consent Agenda. INTERLOCAL MAINTENANCE AGREEMENT WITH LAUDERDALE LAKES: (TR11598) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the Mayor and City Commission to execute and attest, respectively, that certain Interlocal Agreement with the City of Lauderdale Lakes for the maintenance of trafficway beautification along Northwest 31 st Avenue between Northwest 46th Street to Commercial Boulevard, of which is attached hereto as Exhibit 1; providing for conflicts; providing for severability; and providing for an effective date. Public Works Director Strain gave a presentation. Vice Mayor Atkins - Grad confirmed it is the only median on Commercial Boulevard and asked if we have this situation with other surrounding cities. Public Works Director Strain responded in all cases of which he is aware, there is an agreement of some sort. Commissioner Bushnell questioned the irrigation system and Public Works Director Strain said this was begun before Tamarac was brought in — before construction was completed. There are no canals available for irrigation in that area, so metered water must be used. City Commission Workshop Meeting Monday, May 11, 2009 Page 3 of 7 Revised 05/18/09 6. Item No. 6(f) on the consent agenda. TASK AUTHORIZATION NO. 09-04E WATER TREATMENT PLANT CLEARWELL: (TR11606) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute Task Authorization No. 09-04E with Eckler Engineering, Inc., to provide professional services for the design, permitting and bidding of the New Water Treatment Plant Clearwell, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution #R-2006-131, for an amount not to exceed $139,000.00; approving funding from the appropriate budgeted Utilities Operational accounts; authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability, and providing for an effective date. Utilities Director Gagnon and Assistant Director of Utilities Moore appeared. Director of Utilities Gagnon wished Mayor Flansbaum-Talabisco and Commissioner Glasser a happy birthday. Assistant Director of Utilities Moore gave a presentation and said the project should be completed in about 18 months. Commissioner Bushnell questioned the material that will be used for the new tank and Assistant Director of Utilities Moore explained it will be typical concrete construction with double set rebar and coated with a more resistant product. The life expectancy of the clearwell is about 30 years. Commissioner Dressler questioned the cost and Assistant Director of Utilities Moore said about $1.5 million. Vice Mayor Atkins -Grad said it appears half the surrounding cities have the same problem and she is pleased this project is budgeted. Vice Mayor Atkins -Grad asked how this will affect our water bills. Director of Utilities Gagnon said he has no specifics at this time but the rates will inevitably go up. 7. Item No. 6(g) on the consent agenda. THIRD AMENDMENT BETWEEN CITY AND BROWARD COUNTY FOR PUBLIC. TRANSPORTATION SERVICES: (TR11607) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to execute the Third Amendment to the Agreement between the City of Tamarac and Broward County for Public Transportation Services, providing for conflicts; providing for severability; and providing for an effective date. Parks and Recreation Director Warner and Community Services Manager Maldonado appeared. Director of Parks and Recreation Warner gave a presentation. Community Services Manager Maldonado spoke of the history of the transit service and talked about staffing and revenue. Mayor Flansbaum-Talabisco asked how much of a revenue cut the county is looking at and Community Services Manager Maldonado said from $20 per hour to $15 per hour, and discussed marketing materials paid for by Broward County. Director of Parks and Recreation Warner said we will look at alternatives to offset the reductions in revenue. Commissioner Glasser questioned budgeting, costs and routes and added we need to look at the routes again. Commissioner Dressler said there are different philosophical positions regarding the responsibility of the City, County and State with regard to transit. Commissioner Bushnell questioned complaints about people being let off a bus at Atlantic Boulevard and having to walk to their destination; Community Services Manager Maldonado said that is not a City bus. Mayor Flansbaum-Talabisco asked that at the budget workshops clarification be given to the Mayor and City Commission regarding where the County buses let people off and Tamarac buses take over so the Mayor and City Commission City Commission Workshop Meeting Monday, May 11, 2009 Page 4 of 7 Revised 05/18/09 have a clear understanding of how residents make connections from one bus to another. Director of Parks and Recreation Warner said he will get more feedback from the residents regarding their desired destinations. The shuttle and one -day trips were popular before the reductions. Commissioner Bushnell questioned revenues listed in the financial statement and Deputy City Manager/Interim Financial Services Director Cernech said he would look into that and get back with the Mayor and City Commission. Commissioner Bushnell said she previously suggested marketing the various programs. Community Services Manager Maldonado said they have been working with Broward County to market the various transit programs. 8. Item No. 7 on the regular agenda: AMENDING CHAPTER 24 EXCEPTIONS AND MODIFICATIONS - PERMITTED USES MASTER LIST: (TO2174) Motion to adopt Ordinance of the City of Tamarac, Florida, amending Chapter 24, Section 24-1 "Definitions", Article IV, "Exceptions and Modifications" and Section 24-434 "Permitted Uses Master List" for churches and places of worship providing for consistency with the Florida statutes; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. (Tabled at the 04/22/09 meeting to 05/13/09 at or after 7:00 p.m.) Community Development Director Bramley and Planning and Zoning Manager Zickar appeared. Community Development Director Bramley gave a presentation Vice Mayor Atkins -Grad left the room from 11:25 a.m. and returned at 11:28 a.m. Commissioner Dressler left the room from 11:28 a.m. and returned at 11:30 a.m. City Attorney Goren explained in Tamarac if a use is not expressly authorized in the master use chart, it is prohibited; it may then be allowed by going through a special exception application. Community Development Director Bramley explained staff recommends codifying these conditions of approval for special exceptions, and then the commercial areas/centers must comply with the landscape ordinance and vehicular use ordinance to the maximum extent possible. Community Development Director Bramley said staff is also recommending a condition of approval is the owner must bring all violations up to code, and distance requirements changed. Commissioner Dressler and Mayor Flansbaum-Talabisco confirmed staff is talking about the procedure. Commissioner Bushnell asked who is responsible to come to the City for a special exception, the business owner or mall owner; Community Development Director Bramley responded the business owner. Planning and Zoning Manager Zickar added the business owner must fill out an application for what it is they want to do and get the property owner's signature. Commissioner Bushnell confirmed the need to bring a center up to code when a tenant comes in with a special exception, and questioned why they are not brought into compliance before the new tenant if there are existing code violations against the property. Community Development Director Bramley explained many times the owner needs a tenant before they can bring the property up to code. Commissioner Glasser asked if when a new tenant is looking at a center and the center comes in with code violations and the deal falls through, do we still go after the code violations? Community Development Director Bramley said we do. Mayor Flansbaum- City Commission Workshop Meeting Monday, May 11, 2009 Page 5 of 7 Revised 05/18/09 Talabisco said one issue faced with under economic development is the appearance of our shopping centers. People take pride in the City and want the residential and commercial areas to look friendly; short of leveling some of the centers we need to find ways to bring in businesses as well as improve how they look. Commissioner Glasser questioned when a mall or center changes hands, do they, at that point, need to come into code compliance. Community Development Director Bramley responded the new owner is provided with a verification letter that outlines the zoning inefficiencies. Commissioner Glasser said most shopping centers are neglected. Commissioner Dressler confirmed we are talking about clear and uniform standards in the Code while not wanting to do anything to discourage someone from making a capital investment in their business; we want to encourage higher quality businesses in Tamarac. Mayor Flansbaum-Talabisco asked if there is a way to capture the opportunity for code compliance when a new property manager takes over and Community Development Director Bramley said she would look into it. Commissioner Glasser asked who is charged with the privilege of deciding which businesses are allowed and which are not allowed; Community Development Director Bramley said ultimately the Mayor and City Commission. Community Development Director Bramley said with regard to questions raised at the last workshop: there are 34 B-1 zoning districts in the City of Tamarac. The owner has to apply on an annual basis for an exemption for the area occupied by a religious organization. Any non-profit organization in the City of Tamarac is exempt from business revenue. Staff recommends permitting a non-profit use in a B-1 zoning district. City Attorney Goren spoke of a federal statute that says religious organizations can not be treated differently in the same zoning category as other uses. Commissioner Bushnell questioned the history of when a religious organization leaves a facility and Community Development Director Bramley said the synagogue on McNab was there 15 years; and Faith Farms has been in their location a long time as well. Vice Mayor Atkins -Grad questioned the type of business in a B-5 or B-6 location and Community Development Director Bramley read the definition. Commissioner Glasser said she has no objection to religious facilities but does not think there should be more than one in any center as it impacts people working and doing business in that particular center. Churches normally hold services only on Sundays, and do not generate foot traffic during the week to draw people into the shops. Community Development Director Bramley said the use, in itself, within a B-1 zoning district would bring in residents to that area. Many times it is hard to rent a bay, and renting it is preferable to being vacant. Commissioner Glasser spoke of the probability of a mom and pop shop renting in a strip where there is a church. Commissioner Bushnell said on the other side of the coin it could be helpful to other businesses if the residents attending a church or synagogue see the other businesses in the center and they could come back to shop on a day when the businesses are open. It could be regarded as discrimination if one type of business is allowed and another is not. Commissioner Dressler spoke of clauses in rental leases regarding a limited number of one type of business in a center. Mayor Flansbaum-Talabisco asked if the City governs days and hours of operation in businesses, and Community Development Director Bramley said we do not. Mayor Flansbaum-Talabisco questioned the reason for the two items addressed in one ordinance and Community Development Director Bramley explained the cost of City Commission Workshop Meeting Monday, May 11, 2009 Page 6 of 7 Revised 05/18/09 advertising. Mayor Flansbaum-Talabisco confirmed a religious organization in a shopping center is subject to the same sign ordinance compliance as other businesses in the center. Commissioner Glasser left the room at 12:30 p.m. and returned at 12:34 p.m. 9. UPDATE RE: LEGISLATIVE BILLS: City Attorney Goren gave a presentation and discussed SB532 re additional homestead exemption for first time buyers; HB227 re impact fees; SB216 re advocating or educating the public regarding ballot questions and SB360 re growth management. Mayor Flansbaum-Talabisco said she has been nominated to serve as Secretary to the BLC and the slate should be approved on Friday evening. There was discussion regarding HB227, and the use of the Tam -A -Gram to educate the residents. Commissioner Dressler questioned the penalties involved for speaking to the public regarding ballot questions and City Attorney Goren said penalties are discussed in F.S. Chapter 104, they are not delineated in HB227. Commissioner Dressler said he is not prepared to give up his right to speak to constituents. Commissioner Dressler questioned HB439, red light cameras. City Attorney Goren responded there is no impact to Tamarac; our ordinance was in existence prior to the Bill being considered. The question in Tallahassee is the division of funds collected. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 12:50 p.m. Marion Swenson City Clerk City Commission Workshop Meeting Monday, May 11, 2009 Page 7 of 7 Revised 05/18/09