Loading...
HomeMy WebLinkAbout2007-05-21 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, MAY 21, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, May 21, 2007, at 9.30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th 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 Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance and reported that the City of Tamarac was awarded the 2007 ArtServe Encore Award — Government Leadership Award in the Arts. Mayor Flansbaum-Talabisco said she and Commissioner Atkins - Grad attended the luncheon on Friday where the City of Tamarac was recognized as the Broward County City leader for the arts because of the programs instituted over the last year. Mayor Flansbaum-Talabisco thanked the staff and Commission for their support and said she would make a formal presentation at Wednesday's Commission meeting. 1. MAY 23.2007 AGENDA ITEMS: a. Item No. 6(b) on the Consent Agenda. AMENDMENT TO INTERLOCAL AGREEMENT — LOCAL OPTION GAS TAX ORDINANCE: (TR11198) Executing the 2007 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance. Financial Services Director Chapman and Management and Budget Officer Sammartino appeared. Financial Services Director Chapman suggested discussion of items 'a', 'b', and 'c' on the workshop agenda be held at one time as the items are all related. Tamarac will receive a $249.00 increase in fiscal impact for 2008. Commissioner Portner questioned a decrease from 2005 and Financial Services Director Chapman explained as the County population increases, if Tamarac's population does not increase as quickly the percentage will decline. Commissioner Portner asked if the annexed area was included in the figures and Financial Services Director Chapman said that will not go into effect until next year for Boniello Gardens and the remaining annexation will go into effect in 2010. b. Item No. 6(c) on the Consent Agenda. AMENDMENT TO INTERLOCAL AGREEMENT — FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT: (TR11199) Executing the 2007 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and May 21, 2007 City Commission Workshop Page 1 of 9 distribution of the proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit. C. Item No. 6(d) on the Consent Agenda. AMENDMENT TO INTERLOCAL AGREEMENT -- ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE: (TR11200) Executing the 2007 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance. d. Item No. 6(e) on the Consent Agenda. AGREEMENT RENEWAL FOR ANNUAL AUDITING SERVICES — BKR GARCIA COMPANY PLLC: (TR11201) Exercising the third and final renewal option to the existing agreement between the City of Tamarac and BKR Garcia Company, PLLC, (formerly Grau & Co.), for annual auditing services for fiscal year ending September 30, 2007; for a not to exceed cost of $99,500. Financial Services Director Chapman and Purchasing/Contracts Manager Glatz appeared. Financial Services Director Chapman gave a presentation and said this is the third and final renewal agreement and next year the City will go out for a new RFP. Vice Mayor Sultanof said the company has been doing a fine job, asked if the City is satisfied with their services, and questioned why we do not go out for RFP's for Waste Management and All Service. Financial Services Director Chapman said we are satisfied with the company's work and auditing services are a different situation than waste haulers. In the case of waste haulers, we can tell if they are performing well by the look of the city. External auditing firms occasionally need to be changed in order to make sure they are not missing something. By changing firms we get a new set of eyes on the financials. Commissioner Atkins -Grad said this makes sense. Commissioner Portner questioned the wisdom of having a new set of eyes reviewing the financials because the existing auditing firm knows what they are looking for and he thinks longevity gives more insight as opposed to someone new coming on the scene. Financial Services Director Chapman said a different firm is not necessarily better, just different; while there is no replacing experience there is also no replacing a new set of eyes. Purchasing/Contracts Manager Glatz said when we review new vendors we will look at the experience of the vendors as well. Commissioner Dressler said while as a director he might want to recommend continuance with the current firm, he must acknowledge a change in auditors is a good thing. If we are to fill our fiduciary responsibilities as board members or elected officials we must look at what justifies the extension of the final year. It was said that in the beginning they were a little difficult to work with but now they work well with the City and that, from a management theory viewpoint, would be a reason for change. Financial Services Director Chapman agreed with Commissioner Dressler's statement on an academic level if we were to look at the auditors working with the City staff hand in hand as a team. But the auditors come in and ask questions and come back with more questions on issues they may find and we, in turn, answer their questions. They then come back with recommendations for accounting changes and the process runs smoothly. We keep a firewall up and there is no animosity on either side. Financial Services Director Chapman said he believes Commissioner Dressler's concern comes into play if the operations are not separated. May 21, 2007 City Commission Workshop Page 2 of 9 Commissioner Dressler asked if forensic accounting mechanisms are in place. Financial Services Director Chapman said they are. e. Item No. 6(g) on the Consent Agenda. AMENDMENT TO JOINT PARTICIPATION AGREEMENT — HOUSEHOLD HAZARDOUS WASTE COLLECTION: (TR11205) Executing an amendment to the Joint Participation Agreement with Broward County for Household Hazardous Waste Collection Events extending the agreement until June 27, 2008. Public Works Director Strain gave a presentation and said this is an annual event and will be held at the Public Works complex on September 16, 2007. Tamarac has one of the highest participated collections in the County and we are talking with Broward County about adding a second date in January or February. The permanent sites are located in the southern and eastern ends of Broward County and we are trying to get a permanent site in the northwest quadrant of the County. Commissioner Portner asked if All Service could pick up the products and Public Works Director Strain said it is not in their contract. It would be costly to add to the contract and they would need to schedule a separate pickup just for hazardous waste. City Attorney Goren added they will not assume the risk. Commissioner Portner said he would prefer to see quarterly pickups and Public Works Director Strain said we are trying for a date outside the peak hurricane season. Public Works Director Strain explained if a paint can is allowed to stand open the paint will dry out and then it becomes non -hazardous. Mayor Flansbaum-Talabisco said discussion about a drop-off point in the northwest quadrant would help many of our cities and asked how the Mayor and City Commission could help facilitate the conversation with the County. Public Works Director Strain said he would find out where we are in the process and if assistance is needed, he would make the Mayor and City Commission aware of it. f. Item No. 6(h) on the Consent Agenda. AWARDING RFP #06-22R AND EXECUTING AGREEMENT FOR DESIGN/BUILD OF TAMARAC PARK RECREATION CENTER: (TR11137) Awarding RFP #06-22R and executing an Agreement with DiPompeo Construction Corporation for the design/build of the Tamarac Park Recreation Center for an amount not to exceed $3,845,000; approving funding in the amount of $3,845,000 from the appropriate accounts. Director of Parks and Recreation Warner, Assistant Public Works Director/City Engineer Doherty and Purchasing/Contracts Manager Glatz appeared. Director of Parks and Recreation Warner gave a presentation and spoke of needs, problems with the current building, the design/build process, construction elements and the estimated completion within 510 calendar days from the notice to proceed. Vice Mayor Sultanof confirmed there are fees for classes and rental of the rooms and confirmed there will be bathroom facilities on both floors. Vice Mayor Sultanof confirmed this is part of the bond issue from 2005, asked if the concession stand would be the same size as the current one and whether additional staff would be needed. Director of Parks and Recreation Warner said the concession stand would be larger and it is operated by the athletic leagues. Vice Mayor Sultanof spoke of the foliage on 77th Street facing the Yardley community and questioned a berm. Assistant Public Works Director/City Engineer Doherty said the current berm would be taken down and there would be landscaping along the canal May 21, 2007 City Commission Workshop Page 3 of 9 bank, which the Yardley community has approved. Commissioner Atkins -Grad asked when demolition would begin and Director of Parks and Recreation Warner said some time in June. Commissioner Atkins -Grad said she is happy the project came in under budget. Commissioner Dressler asked how contingency is calculated and Assistant Public Works Director/City Engineer Doherty said we like to stay at 10% of the project but that would be high and consistent with previous experience it was not felt that amount of contingency would be needed. Commissioner Portner spoke of illegal immigrants and if some were to be hired by the contractor and got hurt on the job, would the City be held harmless. City Attorney Goren said the contractor would be at risk; the City is protected. Mayor Flansbaum-Talabisco confirmed all the groups that meet at the facility have been notified and asked about the baseball games. Director of Parks and Recreation Warner said the larger groups have been transferred to the Tamarac Community Center and the smaller groups to the Multi -Purpose Center. We are working closely with the contractor to set up construction as safely as possible and the fields will still be used. The contractor will bifurcate the areas. Assistant Public Works Director/City Engineer Doherty and Director of Parks and Recreation Warner added the baseball season is over for the children and adults would be using the fields in the evenings, when the contractor is not working. Mayor Flansbaum-Talabisco confirmed the contractor would secure the site at night and questioned the lighting in the parking lot. Assistant Public Works Director/City Engineer Doherty said the lights would be completely redone. Mayor Flansbaum-Talabisco said the current building is least representative of what Tamarac would like to offer its residents. A lot of money is to be spent at a time when Tallahassee is about to drop the boot on us but this is being paid for from the 2005 Bond Issuance and we are obligated to use the money for this project. Mayor Flansbaum-Talabisco said she supports this project. City Attorney Goren agreed and said we have a commitment from the voters to use the funds for the project. Mayor Flansbaum-Talabisco questioned operating costs when the project is complete and Director of Parks and Recreation Warner said there will be an increase in costs, such as utilities; staffing will have to be re-evaluated. For many programs and classes we contract out to instructors and the fees are split 80/20 or 70/30. We are looking into partnerships and sponsorships and efficient operation. Mayor Flansbaum-Talabisco asked if seating is being provided other than the stadium seating and if so will there be shaded areas. Director of Parks and Recreation Warner said we are only supplying the bleachers and under the past CIP shading was approved for the bleachers. There will also be concrete pads under the bleachers. Protection from the weather will be provided in the breezeway and overhang at the concession stand. Mayor Flansbaum- Talabisco asked that healthy fun -food be looked into for the concession stand at a reasonable cost and asked that sun screen at both the Aquatic Center and fields be looked into. Director of Parks and Recreation Warner said the City is researching appropriate and healthy food choices and sun screen can be provided for the Aquatic Center staff; the City will strongly recommend it for TAF. Vice Mayor Sultanof questioned an agreement with Coca Cola and Director of Parks and Recreation Warner said that expired and we are now contracting with Family Vending. The City did not sell enough products in the vending machines for Coca Cola to renew their agreement with the City. Vice Mayor Sultanof questioned the possibility of the contribution of a shade from the vendor and Director of Parks and Recreation Warner said funding is available May 21, 2007 City Commission Workshop Page 4 of 9 for a shade; for various facilities and events we will seek out more partnerships and sponsorships. Mayor Flansbaum-Talabisco said she met with Soroptimists, an International Organization made up of women. There was discussion regarding meetings between commissioners with groups to the exclusion of other commissioners and staff briefing the commission in advance. City Attorney Goren spoke of the Sunshine Law as it relates to two members of a board attending a meeting at the same time, and the notice requirements. Commissioner Dressier said he believes the issue is information sharing. Vice Mayor Sultanof said all matters are presented to the Mayor and City Commission at workshop meetings. g. Item No. 7 on the Regular Agenda. AMENDING CHAPTER 13 OF THE TAMARAC CODE — GRAFFITI: (TO2141) Motion to adopt Ordinance on first reading amending Chapter 13 of the City's Code of Ordinances, entitled miscellaneous offenses, specifically amending Section 13.5, entitled "graffiti"; providing for a broader definition of "graffiti" to include defacing or damaging the property of another; providing for revised enforcement guidelines; providing for penalties; providing for codification. Building and Code Compliance Director Jones gave a presentation and spoke of the differences between the current and proposed ordinances. Commissioner Partner asked for a definition of graffiti and Building and Code Compliance Director Jones said it is the defacing of a building or structure that is not a legally occurring sign. City Attorney Goren spoke of community standards and the fact that this ordinance has been drafted to collaborate with police, building and legal principles and will be applied fairly and equitably. Commissioner Atkins -Grad left the room at 10:58 a.m. and returned at 11:00 a.m. Commissioner Portner asked if there have been increased occurrences of graffiti in the community and if the police are doing a proper job enforcing our ordinance. BSO Chief Dugger said the police keep a record of the number of violations, which have increased. There are weaknesses in the current ordinance and we can not take action prior to the occurrence of graffiti. To make Tamarac a desirable place to live and work we must tighten up the ordinance so we can enforce provisions we previously could not enforce. The proposed ordinance is designed to trap new medium used by violators. Ages of violators are between 16-25 in the form of gang activity or territorial markings. Others are just children marking graffiti. Commissioner Portner said District 1 has more graffiti than the rest of the City, asked if there are more gangs in this area and if we are policing these areas more closely than in the past. BSO Chief Dugger said there are organized and non -organized gangs in Tamarac. We do not have a greater police presence in these areas but when an officer notices the location of graffiti our internal procedure allows for tracking or notification under the Code. We are noticing more instances of graffiti. Vice Mayor Sultanof said the PSAs can take care of this rather than taking deputies off the street to look for graffiti and we are on the right track. From graffiti comes destruction. Commissioner Atkins -Grad said this falls in line with fixing broken windows; if we do not take care of it right away it expands, and she is pleased to see we are addressing this as she does not like to see graffiti in Tamarac. Commissioner Dressler said he has a problem with the ordinance as written, allowing May 21, 2007 City Commission Workshop Page 5 of 9 the City to go onto personal property. While he understands the intention of the ordinance he would be more comfortable with a severe financial penalty for non- compliance. Building and Code Compliance Director Jones said he addressed the issue of due process in his staff recommendation memorandum. Some items in our Code already address this matter and it is in the best interest of the community to shorten the time frame to rectify the condition. BSO Chief Dugger explained the problem of graffiti occurs more in the commercial/business areas than in residential areas. Tenants find graffiti reduces the number of people who want to do business in the area, but landlords are either absentee or do not care. The proposed ordinance allows us to address the fears in the community that affect economics and force businesses out of the area, and those who do business in these areas get the impression the areas are not safe. The proposed ordinance allows the City to go in and clean up the area and bill the landlords. Commissioner Dressler asked if the notice provision of this ordinance addresses concerns about government imposing itself upon private property. City Attorney Goren said the City has a history of respecting property rights; few instances permit entry for nothing other than to cure public health/safety issues. There is a parallel between life/health/safety and what graffiti means to the community. Violations tend to be in non -homestead areas and owners prefer that the City fix the problem. The ordinance provides notice and venue for people to be heard and a mechanism to go after violators as well as the violators' parents. Collection for non -homesteaded property is easier than homesteaded property and as policy makers the Mayor and City Commission make significant decisions for this community. The Mayor and City Commission may decide graffiti needs to be regulated and this ordinance can be supported legally in court. Mayor Flansbaum-Talabisco said it is in the best interest of commercial and residential residents. Over the past year and two months she received a number of phone calls from people who see this and are upset by it. Graffiti represents a downward spiral. Mayor Flansbaum-Talabisco said she is very satisfied with Building and Code Compliance Director Jones and City Attorney Goren's opinion regarding due process and recognizes Commissioner Dressier's opinion. The City will benefit from this Ordinance. City Attorney Goren said it would be useful to have testimony and support from our experts during Wednesday's meeting, particularly if the ordinance is challenged. Mayor Flansbaum-Talabisco called for a recess at 11:20 am and reconvened the workshop meeting at 11:25 am with all present as before. h. Item No. 9 on the Regular Agenda. ADDITIONAL SENIOR HOMESTEAD EXEMPTION: (T02139) Motion to adopt Ordinance on second reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation", by specifically creating Article VII, entitled "Senior Homestead Tax Exemption"; providing that an additional homestead exemption of up to Fifty Thousand Dollars ($50,000.00) for persons sixty-five (65) years of age and older shall be authorized to taxpayers satisfying the requirements as set forth in Section 196.075 of the Florida Statutes, which includes but is not limited to the person's household income does not exceed Twenty Thousand Dollars ($20,000.00), as adjusted pursuant to State Statute; providing that a taxpayer seeking the additional homestead exemption shall submit on May 21, 2007 City Commission Workshop Page 6 of 9 an annual basis a sworn statement to the Broward County Property Appraiser's Office; providing for an annual adjustment; providing for severability; providing for conflict; providing for inclusion in the code; providing for an effective date subject to the acceptance of the Ordinance by the Broward County Property Appraiser's Office. ADOPTED ON FIRST READING MAY 9, 2007 Deputy City Manager Cernech and Financial Services Director Chapman appeared. Deputy City Manager Cernech said he regretfully recommends the Mayor and City Commission do not pass this on second reading at this time. Deputy City Manager Cernech said he had hoped to have a resolution from the legislature on ad valorem tax collection for FY08, but they have not reached a conclusion. It appears we will face a reduction of 15%-30% in ad valorem tax collection for next year. It is not fiscally prudent to throw another $350,000 into the mix. It appears, at this time, that low income seniors may receive a benefit from the legislature. Financial Services Director Chapman said we do not know what the revenue picture will be for FY08 and we do not know if we will need to make a reduction of $3 million or $9 million. The latest proposals from the legislature tend to take care of low income seniors. Financial Services Director Chapman said staffs recommendation at this time is not to adopt the ordinance and to take it up at some date in the future. Vice Mayor Sultanof agreed and confirmed the household income is based on $20,000. Financial Services Director Chapman said there is an escalation for inflation which brings it up to $24,214. City Attorney Goren said this is an automatic increase. Commissioner Dressler added making budgetary decisions in an information vacuum is imprudent and he concurred with Deputy City Manager Cernech and Financial Services Director Chapman's recommendation. Financial Services Director Chapman added the Broward County Property Appraiser's office said Tamarac will face the largest reduction in revenue. Commissioner Portner said he objects to pulling seniors out of the population to make them special; and it is his intention to make seniors aware that others are also needy. Commissioner Portner asked if an exemption could be made for people 55 and younger. City Attorney Goren said no --- it is a constitutional amendment passed by the voters and signed into a Bill by the Governor. If we do not put this in place before June 1st for this coming tax year, it will not be available to anybody. Commissioner Portner asked about sending a resolution to the legislature and City Attorney Goren said we can address a resolution to the legislature for people 55 and under that fall into this income bracket. Cities have a right to be heard and to submit resolutions or documentation supporting this exemption. Mayor Flansbaum-Talabisco said this is another example of home rule going away; the issue can not be debated because our hands are tied. It is an emotional and important issue. Mayor Flansbaum- Talabisco said she agrees with staffs recommendation that it is fiscally irresponsible to do something without knowing what the impact will be to the City. The article referenced in the backup was written 10 days ago and nothing has changed. Vice Mayor Sultanof said the senior community is not made up of 'takers'. When this faction of the population was younger they struggled to make ends meet and raise their children and no one was there to help. Today, young people are struggling as we all have struggled. Today's families have two incomes, and the seniors are bringing in $110 million a month under social security to provide jobs for young people. Vice Mayor Sultanof said he is not adverse to what Commissioner Portner is saying, but the seniors have provided the bulwark so that young families are provided with jobs; we need to find May 21, 2007 City Commission Workshop Page 7 of 9 a method to help. Society is changing and the economic picture in the country has changed. Commissioner Dressler questioned available procedural alternatives, as he prefers not to vote no on second reading. City Attorney Goren said the alternatives are: (1) approve the ordinance on second reading; (2) open the public hearing and defer the item to a later time, knowing that it will not become effective for this coming tax year; and (3) vote it down. Commissioner Dressler said he did not want to vote yes or no on the item; he would like to defer it to a time indefinite at which point it could be reconsidered. City Attorney Goren explained the Clerk can re -advertise the item for another second hearing. Mayor Flansbaum-Talabisco confirmed an explanation could be made Wednesday. 2. DISCUSSION RE: DRAFT ORDINANCE GOVERNING QUASI-JUDICIAL PROCEEDINGS: City Attorney Goren and Community Development Director Bramley appeared. City Attorney Goren gave a presentation and said this is a housekeeping document to codify procedures traditionally handled in the City of Tamarac for Quasi - Judicial issues. It creates a record keeping basis upon which the Mayor and City Commission and staff can rely to protect the rights of the City and applicants. City Attorney Goren explained Quasi -Judicial Procedures, how the Mayor and City Commission act in the capacity of judges, affected parties, and ex parte communications. City Attorney Goren said this ordinance provides a framework on how we have handled business in the recent past. It not only affords citizens the right to be heard but also the rights of property owners and staff to provide the best information. Decisions of the Mayor and City Commission should not be arbitrary and capricious. City Attorney Goren said this ordinance was a collaborative effort between himself and his staff, Community Development Director Bramley, City Clerk Swenson, Assistant City Clerk Schneider and Planning and Zoning Manager Ross, and it is tailored to the City of Tamarac. Commissioner Dressler thanked and congratulated Community Development Director Bramley and City Attorney Goren for coming up with this ordinance, and confirmed that even those who are not affected property owners could speak. City Attorney Goren said they can speak but the evidence provided would not be persuasive upon the Mayor and City Commission. Only affected parties fall within the cone of influence. Those affected parties are within 400' of the project. If a person is not an affected party, the weight of their evidence is nil. Commissioner Dressler questioned ex-parte communications and City Attorney Goren explained that the law has changed over the past 10 years and at this time ex-parte communications are allowed and do not have to be disclosed. Additionally, the Mayor and City Commission have the right to say 'no' if they do not wish to speak with an applicant or developer in an ex-parte situation. Commissioner Dressler asked if a selection could be made in classes of people he spoke to and City Attorney Goren said he could pick and choose who he wished to speak to; at the end of the day decisions are based on competent substantial evidence. Commissioner Dressler asked if an affected person desires to testify but does not complete the required form within the prescribed time period would he/she be allowed to speak. City Attorney Goren said Tamarac has a history of fairness and if a person is unable to fill out the form we do not want to exclude their legal rights. At the end of the day it is better to allow them a chance to testify. Commissioner Dressler questioned attorneys' testimony and City Attorney Goren said when the Clerk swears in May 21, 2007 City Commission Workshop Page 8 of 9 1 Ile witnesses the attorneys also raise their hands, but their statements are not part of the evidence. Commissioner Dressler asked if reasons for approval or denial must be tied to the comprehensive plan and City Attorney Goren said the comprehensive plan is an umbrella that covers everything. The ordinance does not preclude the requirements of our code. Decisions are not based solely on the comprehensive plan. Commissioner Dressier questioned whether it is implicit in the process that no one sitting in the deciding capacity is required to accept any witness report or staff recommendation. City Attorney Goren said the Mayor and City Commission determine the credibility of a witness, and the relevance of what they say, and weigh that in making a determination. Mayor Flansbaum-Talabisco asked what type of competent and substantial evidence would be allowable to disapprove and City Attorney Goren said the basis upon which to say no to facts depends on the competence of the person before the Mayor and City Commission to make a presentation. The Mayor and City Commission act as the judge and jury. Mayor Flansbaum-Talabisco questioned the amount of time non -affected parties are to be allowed to speak and City Attorney Goren said an affected party within the cone of influence can get more than three minutes if, for instance, they are a professional engineer and happen to live in the area and want to talk about their analysis; they can be heard, but the Mayor and City Commission gets to decide the weight of their evidence. The Mayor and City Commission have the right to ask people by what authority they come before the board. Commissioner Portner questioned public/political pressure and whether decisions can be based upon that. City Attorney Goren said under Florida law there is no such thing as mob rule. Exchanges between the Tamarac Mayor and City Commission and applicants over the past years have remained dignified. City Attorney Goren explained the Mayor and City Commission could be flexible. Mayor Flansbaum-Talabisco asked how to handle issues that come up when the Mayor and City Commission are on the trail and people ask their opinion of a project. City Attorney Goren said comprehensive land use amendments are legislative in nature. When you sit at the dais the rubber hits the road. Ultimate decisions are based upon evidence presented at meetings. On the road you should exercise caution. City Attorney Goren urged the Mayor and City Commission to consult with the City Attorney or his staff. Mayor Flansbaum-Talabisco asked for an expression of interest to add this item to Wednesday's agenda and all were in agreement. Commissioner Portner asked Director of Utilities Gagnon to respond to an e-mail he received from Versailles Gardens regarding the 18% surcharge in the water bill. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop mee ' g at 12:30 p.m. Marion Swens n, CMC City Clerk May 21, 2007 City Commission Workshop Page 9 of 9