HomeMy WebLinkAbout2006-06-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, JUNE 12, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the
City Commission to order on Monday, June 12, 2006, 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 Edward C. Portner,
Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney D. J. Doody,
Assistant City Manager Diane Phillips, and City Clerk Marion Swenson.
Mayor Flansbaum-Talabisco led the pledge of allegiance.
Mayor Flansbaum-Talabisco wished Commissioner Atkins -Grad a happy birthday and
welcomed Vice Mayor Portner back.
1. PRESENTATION REGARDING EVERGLADES RESTORATION PROJECT:
Mayor Flansbaum-Talabisco announced that Bert Waters, Director, Broward Service
Center, South Florida Water Management District was unable to stay for the
presentation due to issues arising from Tropical Storm Alberto, and this item will be
rescheduled.
Mayor Flansbaum-Talabisco announced that Item No. 6 will be deferred to a future
date.
2. DISCUSSION RE: THE DISBANDING OF THE TAMARAC ATHLETIC
FEDERATION EXECUTIVE BOARD AND THE CITY ASSUMING THE
RESPONSIBILITIES OF THIS BOARD: Parks and Recreation Director Warner and
Parks Superintendent Moll appeared. Director of Parks and Recreation Warner
explained that the TAF Executive Board voted to turn their responsibilities over to the
City. Parks Superintendent Moll gave a presentation on the history and current
responsibilities of the TAF Executive Board as well as the problems the Executive
Board has experienced. Parks Superintendent Moll addressed responsibilities the City
intends to assume and spoke of background checks at a cost of $18,000. Parks
Superintendent Moll said the leagues are still willing to purchase their own insurance
and the respective leagues will operate the concession stand and take responsibilities
for repairs. Commissioner Sultanof said while he is not against this he has a concern
regarding hold harmless for the City, and Tamarac should not be responsible for the
leagues' equipment. Additionally, he is not comfortable with the $18,000 for
background checks coming from the City and feels we should only be involved in a
supervisory position. Director of Parks and Recreation Warner confirmed the City is
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only taking over the supervisory role. Commissioner Sultanof questioned the possibility
of piggy -backing with P.A.L. and Director of Parks and Recreation Warner said he
would look into it. Vice Mayor Portner asked if this change of responsibility has been
imposed upon the City and questioned background checks for the team parents.
Director of Parks and Recreation Warner explained the Executive- Board's voting to
disband and said anybody who comes in contact with children must have a background
check. Parks Superintendent Moll clarified team parents are volunteers and there are
only one or two parents per team. Vice Mayor Portner asked about the City's
responsibility with regard to concession stands and Parks Superintendent Moll
responded the air conditioning and the structure itself. Commissioner Dressler agreed
with Commissioner Sultanof and questioned whether the Executive Board is a non-profit
entity, because if it is they may have liability but no weight behind it. When the City
takes the responsibility people look at us as a 'deep pocket' and any issues that arise
can be quite significant. Commissioner Dressler questioned potential exposure to the
City and Risk/Safety Manager Tomaszewski said she would evaluate and look into
cross liability. Commissioner Dressler added the Mayor and City Commission must look
at this carefully and get quantifiable information so as policy makers appropriate
decisions can be made. Commissioner Dressler asked that the next time such an item
is brought before the Mayor and City Commission, backup and quantifiable information
be included. Commissioner Dressler said as liaison to the Parks and Recreation Board,
he heard that working on the Executive Board for TAF is extremely time consuming and
it has become hard for volunteers to participate. Director of Parks and Recreation
Warner responded what has become time consuming for the volunteers, since they all
hold full time jobs, is the background checks and coach certification. Director of Parks
and Recreation Warner said the purpose of today's discussion is to give the Mayor and
City Commission a heads up regarding where we are going with this item. This is only
the beginning of the planning stage and he will come back with quantifiable information.
City Manager Miller said TAF needs professional administration; it has always been
done by volunteers and over the last two years Parks Superintendent Moll has been
policing the board and resolving issues between parents and the Board. City Manager
Miller said when he asked Director of Parks and Recreation Warner if more staff would
be needed he was told no. Staff will look at the insurance policies to ensure the
leagues are handling them appropriately. Commissioner Dressler asked if the city
assumes the responsibility of background checks would this be a fiduciary
responsibility. Assistant City Attorney Doody said the city would be responsible for
these checks if the city initiates the checks; if there is a concern on the part of the Mayor
and City Commission, the background checks could be forthcoming from the leagues.
Organizational issues can be further addressed but there is not necessarily a fiduciary
issue. The question then becomes how we want to check and the scope of our
responsibility. A standard is going to be set. Commissioner Dressler said he takes
liability seriously, and this can become a mine field. Mayor Flansbaum-Talabisco asked
for clarification regarding the disbanding of the Executive Board, and said she has
received many phone calls from parents who are unhappy with the current situation.
Director of Parks and Recreation Warner said they voted in May to disband and they
are now giving the City notice. Mayor Flansbaum-Talabisco said excellent points have
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been made by everyone today but she also feels more information is needed regarding
insurance, hold harmless, and staff time. Down the road, in order to do a good job we
may need a dedicated staff person for this board. Mayor Flansbaum-Talabisco
questioned whether three years is enough for background checks and Parks
Superintendent Moll said there are no guidelines, and Tamarac has accepted what TAF
has done, checking every three years. Commissioner Atkins -Grad confirmed one did
not have to live in Tamarac in order to volunteer for TAF. Mayor Flansbaum-Talabisco
said it appears the consensus of the Mayor and City Commission is to move forward but
more information is needed. City Manager Miller said this is just a preliminary
discussion and there are questions that need to be answered; he will have staff look into
it and come back to the Mayor and City Commission in the next few months.
3. JUNE 14, 2006 AGENDA ITEMS:
a. Item No. 6(d). PURCHASE OF PORTABLE MESSAGE BOARDS: (TR10970)
Purchasing two (2) Trailer -Mounted, Battery/Solar Powered Portable Message Boards
from American Signal Company, based on Contract ITB-DOT 03/04-9015-RR, P0400-
PO402 and per specification FC 9274, at a total cost not to exceed $26,200.00. Fire
Chief Budzinski and Purchasing/Contracts Manager Glatz appeared. Fire Chief
Budzinski gave a presentation and said one board has already been purchased and this
legislation is for the other two boards. Commissioner Sultanof questioned whether the
City piggy -backed onto a contract and Purchasing/Contracts Manager Glatz said we
had with the FDOT contract. Commissioner Sultanof questioned the power supply and
Fire Chief Budzinski said they are battery operated and also work off solar chargers.
Commissioner Dressler commended Fire Chief Budzinski, Purchasing/Contracts
Manager Glatz and their staffs on an excellent job.
b. Item No. 6(b). STRUCTURAL REPAIR OF WATER TREATMENT PLANT
CLEARWELL: (TR10966) Executing Task Authorization No. 06-05E with Eckler
Engineering, Inc., to provide professional services for the design of all necessary repairs
to the Water Treatment Plant clearwell, including preparation of detailed plans and
specifications followed by permitting, bidding assistance, and engineering services
during construction, in accordance with the City's Consulting Engineering Agreement as
authorized by Resolution No. R-2001-185, for an amount not to exceed $39,300.00;
approving funding from the appropriate budgeted Utilities Operational account;
authorizing the appropriate City officials to administer the contract. Assistant Director of
Utilities Moore and Support Services Manager D'Amato appeared. Assistant Director of
Utilities Moore gave a presentation and spoke of severe structural deterioration.
Commissioner Sultanof asked where the money would come from and Assistant
Director of Utilities Moore said the repair and rehabilitation fund. Vice Mayor Portner
asked for an explanation of a clear well and why this was not repaired at the time the 2
million gallon tank was worked on, to which Assistant Director of Utilities Moore
explained we did not have the report on the clear well at that time. Mayor Flansbaum-
Talabisco confirmed the City only has one clear well.
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C. Item No. 6(h). FISCAL YEAR 2005 CITY OF TAMARAC WATER AND
WASTEWATER SYSTEMS ANNUAL REPORT: (TR10976) Receiving the Fiscal Year
2005 City of Tamarac Water and Wastewater Systems Annual Report prepared by the
City's Consulting Engineers, Mathews Consulting, Inc., on behalf of the City of Tamarac
Utilities Department as required by bond covenants for continuing disclosure for the
taxable water and sewer utility revenue refunding bonds series 1996 and 2004 series
capital improvement bonds. Assistant Director of Utilities Moore and Support Services
Manager D'Amato appeared. Assistant Director of Utilities Moore said because of the
1996 and 2004 bond covenants we must prepare a report that shows we are stable.
Support Services Manager D'Amato said the report shows we adequately maintain our
water and sewer system, our rates are sufficient, we have good management, financial
resources are in place for our CIP projects, and there are no financial irregularities.
Support Services Manager D'Amato and Assistant Director of Utilities Moore then
responded to questions from Vice Mayor Portner regarding debt coverage, pressure
levels, I&I, the wastewater system and water loss.
d. Item No. 60). INTERLOCAL AGREEMENT PROMOTING UNDERGROUNDING
OF UTILITY FACILITIES: (TR10981) Executing the "Interlocal Agreement to Promote
Undergrounding of Utility Facilities and Related Implementation Activities", specifically
electric utilities; authorizing a contribution for said purpose in an amount not to exceed
$12,000.00; authorizing budget transfers as required for this purpose. Assistant
Director of Utilities Moore and Support Services Manager D'Amato appeared. Support
Services Manager D'Amato said Tamarac has been invited to join and participate in the
consortium for the purpose of gathering and sharing information related to
undergrounding of utilities, and to determine whether FPL's proposal for a 25% credit
for undergrounding is, in fact, a valid proposal. Vice Mayor Portner asked if Tamarac is
going to insist that new development have underground power lines and City Manager
Miller said staff would look at that closely, as there is a significant expense involved and
developers will be encouraged to underground. Commissioner Sultanof asked staff to
find out if Tamarac can have its grid encased in concrete. Commissioner Dressler said
FPL's infrastructure is not hardened and that is FPL's responsibility. Commissioner
Dressler asked about the FLC's position on this and if they would put leverage on FPL
to assume the responsibility for hardening their own infrastructure. City Manager Miller
said we can not work on FPL's facilities; there have been articles in the newspaper
about FPL hardening transformer stations, and he would look into it and find out what
their plans are for our facilities. City Manager Miller explained FPL's proposal to the
cities; they would fund 25% of the cost to bury power lines, and this proposal was made
before the PSC. The cities are questioning whether 25% is a good percentage and they
want to hire an electrical engineer to review the facts and figures submitted by FPL.
Commissioner Dressier said the cities are being forced to spend money to subsidize a
monopoly, and this amounts to taxation without representation. Mayor Flansbaum-
Talabisco said she noticed that of the participating municipalities, many in Broward
County are not represented. Commissioner Atkins -Grad said she believed many parts
of Parkland are already undergrounded. Mayor Flansbaum-Talabisco asked where we
are to go with this and City Manager Miller said he recommends joining the consortium
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to see if we can get FPL to up their percentage. If we are going to underground public
facilities we want to get FPL's percentage as high as possible.
e. Item No. 6(f). AGREEMENT AMENDMENT — WOODLANDS CANAL
MAINTENANCE: (TR10949) Executing an agreement between the City of Tamarac and
the Woodlands Homeowners' Association, Inc., a Florida corporation, to provide for
maintenance of public waterways within the Woodlands subdivision. Public Works
Director Strain gave a presentation. Commissioner Sultanof said the City made a
mistake in taking over the canals from the County. Commissioner Dressler said history
is important, as when we work on our strategic plan and look to the future we want to
avoid finding ourselves in a situation like this. Mayor Flansbaum-Talabisco asked if
other subdivisions are able to enter into such an agreement with the city for canal
maintenance and Public Works Director Strain said as long as it does not cost the
taxpayers more to maintain the canals than it would if the City maintained them. Vice
Mayor Partner asked who the residents of the Woodlands would go to if the canals are
not kept up and Public Works Director Strain said their homeowner association.
f. Item No. 6(g). AGREEMENT WITH CARLTON'S TREE SERVICE —
HAZARDOUS TREE REMOVAL: (TR10974) Awarding Bid No. 06-12B and executing
an agreement with Carlton's Tree Service, Inc. for the removal of hazardous trees for an
amount not to exceed $78,925 from the appropriate accounts. Public Works Director
Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director
Strain gave a presentation and said the trees in question are a result of Hurricane
Wilma, and our City Arborist said they will not survive. Mayor Flansbaum-Talabisco
questioned the number of trees we are talking about and Public Works Director Strain
said about 450; we will get reimbursed for 55% of the cost from FEMA, but he intends to
appeal that percentage once the job is done. Mayor Flansbaum-Talabisco questioned
impact on the neighborhoods and Public Works Director Strain said the trees have
become a liability and need to be eliminated. The City will do its best to replace most of
the trees; additionally, as new projects come into the city, more trees are planted.
Mayor Flansbaum-Talabisco spoke about publicizing this program and Public
Information Officer Crockett said we have missed the summer edition of the Tam -A -
Gram, but she will look for another venue to get the word out. Commissioner Sultanof
suggested an article in the Sun -Sentinel, and Public Information Officer Crockett said
she would contact the Sun -Sentinel and Forum, or consider a special mailing.
Commissioner Atkins -Grad left the room at 11:08 a.m. and returned at 11:12 a.m.
Vice Mayor Portner confirmed Tamarac received two grants thanks to the work of
Assistant City Manager Phillips and Special Projects Coordinator Gresek. Public Works
Director Strain said the trees are scattered throughout the City, randomly located, and it
would be helpful to put the residents on notice. Commissioner Dressler asked that
Public Works Director Strain e-mail him the number of trees in District 4 that will be
affected and Public Works Director Strain said he has a map of all the trees involved
and will make sure the Mayor and City Commission each get one. Vice Mayor Portner
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asked if this project includes golf courses and Public Works Director Strain said it only
involves public property.
4. DISCUSSION RE: REPAIR OF DAMAGED SIDEWALKS WITHIN PUBLIC
RIGHT-OF-WAY: Public Works Director Strain said staff went through the City and
surveyed damaged sidewalks and rated them level 1, level 2, and level 3 hazards, with
level 3 being considered a trip hazard and possible liability. We are now on record
knowing all the locations and the City will be negligent if it does not repair the level 3
hazard sites as soon as possible. Mayor Flansbaum-Talabisco said she is disappointed
as the monetary figure is quite different now from what it was when the ordinance was
passed. Public Works Director Strain explained at the time the ordinance was passed it
was not known what the exact cost would be to repair the sidewalks; only the number of
sidewalks in need of repair in Heathgate/Sunflower was known. Mayor Flansbaum-
Talabisco said she voted in favor of the ordinance and believes it is the right thing to do
for the City; but there may have been a lack of communication at the time it was
considered. Commissioner Sultanof said he voted against the ordinance, and he is of
the belief that it is the homeowner's responsibility to repair the sidewalks, and he would
like to revisit this to find equity for the city and the property owners. Public Works
Director Strain explained a portion of the damage to the sidewalks is because of trees
on private property. The City will give the homeowners notice that they must trim roots
and then the City will repair the sidewalk and charge the homeowner for the repairs.
Commissioner Sultanof spoke of Ashmont and Clairmont communities where the
homeowner associations paid for sidewalk repairs. Mayor Flansbaum-Talabisco said
after the city cleans up the current cracks the recurring expenses should be less. Public
Works Director Strain explained the number of sidewalks to be worked on at this time
will only be the level 3 hazards; the cost for the level 1 and level 2 hazards has not been
assessed as of yet. Commissioner Sultanof said he is in agreement to fix the worst
cracks and then revisit the matter. Vice Mayor Portner spoke of the $260,000 received
from resource recovery and asked that the money be designated for these repairs, and
added future commissions may not want to repair sidewalks. Deputy City Manager
Cernech, speaking on behalf of Financial Services Director Chapman, explained what
Vice Mayor Portner is asking for has already been done; the money has been placed in
the general fund and we do not need to designate it for this item; the Mayor and City
Commission can approve a budget transfer for this project. Commissioner Dressler
said he understands the Director of Financial Services wanting to maintain flexibility and
avoid earmarking funds, and he appreciates Vice Mayor Portner's concerns for the
future. Commissioner Dressler said Tamarac has the best staff of any city and it is the
best run city; we are going for the Sterling Award and from a policy viewpoint, the Mayor
and City Commission and staff have to quantify anything we make a decision about.
City Manager Miller said he has a proposal from the Public Works Department to
expend $140,000 for the rest of this year to hire private contractors to attack the level 3
hazard areas, and he feels we should move forward with this. The Financial Services
Director has indicated there is money available out of the fund balance, and Vice Mayor
Portner is correct, we did receive an unexpected check for $260,000 that is not
earmarked for anything at this point. It is part of the general fund. Mayor Flansbaum-
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Talabisco asked what the next steps are when the level 3 hazards are fixed and Public
Works Director Strain said we will work diligently until we are done; there is no urgency
to do the level one hazards. When we are done with the level 3 hazards we can move
along expending $50,000 each year to get rid of the level 2 hazards and then move to
the level 1 hazards. Mayor Flansbaum-Talabisco asked how long this will take if
approved and Public Works Director Strain said it will take past the beginning of the
year to complete the level 3 hazards. Those parts of the sidewalks that are the
homeowners' responsibilities will be repaired and then the city will backtrack to bill the
homeowners. Commissioner Atkins -Grad asked if FEMA would pay for any of the
repairs and Public Works Director Strain said we did $25,000 worth of FEMA repairs
this year in addition to the $50,000 in city funds that were set aside for the project.
FEMA will not reimburse for root damage to sidewalks unless the damage is the result
of a storm. City Manager Miller said the budget amendment item is on the consent
agenda and it will be amended from $400,000 to $140,000 per this morning's
discussions. All were in agreement.
5. SELECTION OF PIONEER OF THE YEAR FOR THE BROWARD COUNTY
HISTORICAL COMMISSION: Public Information Officer Crockett said there is no fiscal
impact associated with this item. Vice Mayor Portner asked to have Marion Faye, who
is 107, named as Tamarac's Pioneer. All were in agreement.
6. DISCUSSION OF LAND PURCHASES FOR OPEN SPACE: Deferred to a later
date.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the workshop meeting at 11:45 a.m.
Marion Swenson, CMC
City Clerk
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