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HomeMy WebLinkAbout2007-06-25 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, JUNE 25, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, June 25, 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 and Commissioner Patte Atkins -Grad. ABSENT: Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and Assistant City Clerk Tom Schneider. Mayor Flansbaum-Talabisco led the pledge of allegiance. Mayor Flansbaum-Talabisco moved out of the regular order of business to take up item 2 as Ron Book had not yet arrived. 2. DISCUSSION RE: THE MAIN STREET ASSESSMENT DISTRICT: Deputy City Manager Cernech, Financial Services Director Chapman, Management and Budget Officer Sammartino and Camille Tharpe, Senior Vice President, Government Services Group, Inc. appeared. Deputy City Manager Cernech said that in 2005 the City set out to establish the Main Street District by changing zoning and land use along 57th Street to a Mixed Use District. The Capital Improvement Committee (CIC) recommended a series of infrastructure improvements at a cost of $7 to $8 million and came to the Commission with the concept of an assessment district. At that time, in light of the pending tax reform, the Mayor and Commission asked staff to go back to the CIC for further research. The matter is now before the Commission with the recommendation that the property owners pay for the infrastructure improvements. Commissioner Portner previously said the burden of paying for infrastructure improvements should be shared by all the residents of Tamarac. Deputy City Manager Cernech said staff looked at other Main Street Projects in Broward and Palm Beach Counties and found two things that slowed the districts down; the ability to assemble parcels and paying for the infrastructure. Financial Services Director Chapman said a few months ago staff was given permission to do a study on the most equitable distribution of costs, and hired Government Services Group, Inc. Financial Services Director Chapman introduced Camille Tharpe who said they looked at the land area, square footage of existing buildings and the proposed improvements as well as the 30 existing properties and construction costs, and arrived at an annual assessment rate of 90 cents per square foot of land area or $1 million per year for 20 years. This is divided among all the square footage in the area and each parcel pays based on square footage. They have provided an option for an June 25, 2007 City Commission Workshop Page 1 of 9 initial prepayment, which would be $6 per square foot and if someone wants to prepay at anytime thereafter, it would be $7.50 per square foot. Ms. Tharpe said the Commission can adjust the rates down but not up. This would be collected on the tax bill and if prepaid in November, there would be a 4% discount. If the Commission decides to move forward, Government Services Group, Inc. will draw up a resolution to set up the methodology, send out notices, hold public hearings, etc. Vice Mayor Sultanof said the largest cost is for water and drainage and questioned how these would be adjusted, he spoke of Florida Power and Light installing electric lines and said he was not in favor of putting this on the backs of all the residents of Tamarac. Ms. Tharpe said the costs are preliminary and as we move forward they will be fine tuned with no property owner paying more than the actual cost of the improvements. Vice Mayor Sultanof asked if there were any federal grants to offset the assessment. Ms. Tharpe said the assessment was the last source of revenue and we need to make sure it covers all costs, however, if there are grants this assessment can be reduced. Mayor Flansbaum-Talabisco said she is working with lobbyists on the Main Street Overpass and Representative Alcee Hastings is very interested in the project. Assistant City Manager Phillips said we have asked for $1 million to $1.5 million for this project. Commissioner Portner questioned the total acreage of the 16 vacant parcels, whether they are contiguous, and the status on purchasing the Chevron station. Ms. Tharpe said it is approximately 10 acres and they are not contiguous. Deputy City Manager Cernech said the purchase of the Chevron station would be discussed later. Mayor Flansbaum-Talabisco asked where we stood with FPL burying the power lines. Deputy City Manager Cernech said we are currently in discussions with FPL regarding the cost which will be figured into the assessment. Vice Mayor Sultanof spoke of City Place and said the businesses there are doing very well; if they can survive so can Main Street. Mayor Flansbaum-Talabisco said she does not want to see residents taxed and developers should understand that this is the cost of doing business. She is cautiously optimistic that we will receive money for infrastructure improvements as Representatives Hastings, Wasserman -Schultz and Wexler have all expressed interest in Main Street. Commissioner Portner said City Place received $60 million from the city to help develop that project and we may receive $1 million. We have paid $240,000 to a lobbyist who has not brought back $1.00; he is very disappointed and does not see this project moving forward by placing the burden solely on the developers. Mayor Flansbaum-Talabisco asked Mr. Nate Kaplan of Cenmark Realty, 5938 Crystal Shores Dr., Boynton Beach, to respond to Commissioner Portner. Mr. Kaplan said the cost of land is high as there is no more land available. The problem with this particular project is that you are starting with a minimal amount of land with high prices, and if a developer is hit with big taxes, it will not go forward. Commissioner Atkins -Grad said the assessment should be for the developers only and it would be inappropriate to tax residents. City Manager Miller said once the road is paved, utilities and power lines are in and landscaping is finished, we will see more interest from developers. Mayor Flansbaum- Talabisco said this is the right thing to do and will be a benefit for Tamarac. Commissioner Portner said he has been a proponent of this project for the last six years June 25, 2007 City Commission Workshop Page 2 of 9 and everyone should sacrifice as opposed to just a few since everyone will benefit from Main Street. Mayor Flansbaum-Talabisco said that when Russ Reid gave their presentation they explained in no uncertain terms that it was a long process and did not expect to get any money the first year. Vice Mayor Sultanof spoke of West Palm Beach being a blighted area and receiving $60 million from the federal government, taxation is one of the ills of this world and we cannot exist without taxes. Tamarac will die unless we build, we must build Main Street. Commissioner Atkins -Grad said that developers understand that it is part of the deal, this is a normal business expense and it is unethical to put taxes on the people. City Attorney Goren said that Item 6(1) on Wednesday's agenda is an Interlocal Agreement with Broward County concerning the collection of non -ad valorem assessments that will be on the tax bill for the coming year. This resolution will set the assessment roll, dollar amount, the intent of the Commission to impose the assessment and all assessments have to be in place in September. 3. JUNE 27, 2007 AGENDA ITEMS: a. Item No. 6(e) on the Consent Agenda. AWARDING RFP 07-21 BR — DISASTER DEBRIS REMOVAL SERVICES: (TR11204) Awarding RFP No. 07-21 BR to Ashbritt, Inc. and DRC Emergency Services, LLC for Disaster Debris Removal Services; authorizing the appropriate City officials to execute agreements with Ashbritt, Inc. and DRC Emergency Services, LLC for Disaster Debris Removal Services. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain said this Resolution awards contracts to Ashbritt, Inc. and DRC Emergency Services, LLC for disaster debris removal services. The contract with Grubbs ran out at the end of April, 2007 and they did not participate in the RFQ. FEMA has a new program and certain criteria must be met prior to a storm in order to be eligible for an additional 5% compensation. One of the criteria is that we have two contractors; which we may need following a large event. Public Works Director Strain said both contractors have worked with FEMA on numerous occasions in and out of the State of Florida and have a proven history. Commissioner Portner asked if we had a dialogue with Grubbs. Public Works Director Strain said yes, however, they chose not to participate. Mayor Flansbaum-Talabisco asked who would receive priority if these two contactors have contracted with other cities. Public Works Director Strain said these companies are very experienced and have been in that situation; Ashbritt worked for 5 or 6 municipalities after Wilma and DRC also worked for multiple municipalities and all come highly recommended. Mayor Flansbaum-Talabisco moved out of the order of items on the agenda to return to Item 1 as Mr. Book arrived. 1. PROGRESS REPORT. SUMMARY OF 2007 LEGISLATIVE SESSION AND OVERVIEW OF UPCOMING 2008 LEGISLATIVE SESSION: Mayor Flansbaum- Talabisco recognized Ronald L. Book, Lobbyist, and Mr. Book introduced Kelly Mallette, Director of Government Affairs. Mr. Book thanked the Commission for the opportunity to represent Tamarac. Mr. Book said he had great success during the regular session and was able to obtain $500,000 for storm water projects and $250,000 for recreation June 25, 2007 City Commission Workshop Page 3 of 9 projects; however, the Governor vetoed both. He did not know why, but would find out. Mr. Book had an opportunity to argue the merits of the projects directly with the Governor and his Chief of Staff. Governor Crist is in a mode to veto more money than his predecessors and already vetoed $470 million in projects, including 60 water projects, he is out to demonstrate that he is fiscally conservative and wants to establish how water will be handled. Mr. Book said he would look to other funding sources for our water projects. Mr. Book mentioned that the South Florida Water Management District is in the process of trimming $60 million of its budget. Mr. Book said that at the end of the day we are in a situation where we are going to cut taxes this year but not necessarily next year. Statutory roll back legislation was passed and all local governments, as well as ad -valorem special districts, were put into a computer and were set at a 0%, 3%, 5%, 7% or 9% decrease, depending on the real estate values in the respective areas. Mr. Book stated that a constitutional amendment, the Super Exemption vs. Save Our Homes, will be on the January 29, 2008 ballot and he feels that it will not pass, as they have included schools. Several years ago we changed the Florida constitution and it takes 60% + 1 to pass any amendments and it would be an enormous task to get 60% of the people to vote. Vice Mayor Sultanof asked if it was all gloom and Mr. Book said no; cutting your budget is gloomy and making these decisions is tough, but that is what elected officials do. Mr. Book stated that he does not think they are done with tax reform. The Tax Reform Committee is working but we do not have any idea what will go on the ballot post 1/29/08, most likely we will see additional referendums at the end of 2008. Mr. Book said that on the far right we have extremely well funded petition drivers; they will not go away and are a City Manager's worst nightmare. Ms. Mallette said the petition drivers have already spent a great deal of money and collected 611,000 signatures. There is 30, 40, 60 proposal — if over age 65 you would pay 30% of value of home, single family 40% of value and commercial 60% of value. Commissioner Partner asked for an explanation of Governor Crist's promise that taxes would drop like a rock. Mr. Book quoted Senator Crane who said it is "dropping like a pebble" but he, personally, felt it is "dropping like a grain of sand" as $174 will not buy groceries or pay an electric bill. He suspects that people in Tamarac for 06/07 and 07/08 will receive approximately $290 to $300, which is still a drop in the bucket. Mr. Book said the Governor ran on a tax reform platform and the portability issue became a lightning rod for constitutional lawyers, and there is a lawsuit contesting that issue. Mr. Book spoke of the Nevada Plan which is similar to Florida's situation and said that the Legislature is afraid that the public will revolt over any talk of repealing Save Our Homes. Mayor Flansbaum-Talabisco asked if Tamarac should follow the Governor's lead to shift priorities and look for other sources of funding. Mr. Book said he will explore that with City Manager Miller. Ms. Mallette said the Department of Environmental Protection was transitioning when Governor Crist took over and criteria changed for water projects. Tamarac met all criteria for last year but was vetoed and we do not know why. Mr. Book said that Port St. Lucie, home of State Senate President, had 3 projects budgeted and they lost all three. No one was protected. Mr. Book advised the Commission that June 25, 2007 City Commission Workshop Page 4 of 9 Governor Crist is committed to the environment and is sponsoring a Global Climate Summit in 3 weeks in Miami with Tony Blair and Bobby Kennedy attending. Mr. Book encouraged staff to come up with new and creative projects. City Manager Miller said that in 30 years of service this was the most disappointing session and it is clear that we need to do a better job of educating the legislators in Tallahassee as to what it takes to run a city, balance the books and provide services. Tamarac took a $5 million hit on the roll back and if the constitutional amendment passes in January, it will get worse having a significant impact on local government services. City Manager Miller agreed with Mr. Book that we have not seen the end of tax reform. Mr. Book said that until such time as a catastrophic situation occurs to which local government cannot respond, only then will the legislators get the message. Mr. Book agreed that we need to do a better job of educating the legislature and that term limits need to be extended so that you don't have to go back every two years and re-educate everyone. Mayor Flansbaum-Talabisco said she appreciated Mr. Book's insight and moved out of the regular order of business to take up item 6. 6. FLORIDA LEAGUE OF CITIES — FLORIDA CITIES OF EXCELLENCE AWARD PROGRAM NOMINATION FOR CITY MANAGER OF THE YEAR: Florida Cities of Excellence Award nomination of Jeffrey L. Miller for City Manager of the Year. Mayor Flansbaum-Talabisco said that City Manager Miller has done a wonderful job this year and would like to nominate him for City Manager of the Year. Mayor Flansbaum- Talabisco asked for an expression of interest to nominate City Manager Miller as City Manager of the year and all were in agreement. Mayor Flansbaum-Talabisco said that Mayor Jack Brady of North Lauderdale is nominating City Attorney Goren as City Attorney of the Year and is looking to Tamarac for support. There was more discussion on educating the legislature. Mr. Book spoke of the report he sent regarding seizing reserves for use by school districts. Mr. Book addressed City Manager Miller and City Attorney Goren and said that he did not think that what the legislature did was legal. The constitution gives us millage and allows us to tax and the legislature in a statutory act took that away from us. The provision was put in the constitution for a reason, and that is to stop the legislature from amending the constitution themselves. Mr. Book urged us to be cautious and said he personally believes that the act of rolling back the millage was unconstitutional; however, we must be careful what we ask for as they will be back. City Attorney Goren said this is being discussed widely based on a lawsuit and the Commission might be asked to join in or support the lawsuit. Mr. Book said he would not encourage the Commission to pursue it. Mayor Flansbaum-Talabisco called for a recess at 11:17 am and reconvened the workshop meeting at 11:25 am with all present as before. June 25, 2007 City Commission Workshop Page 5 of 9 b. Item No. 6(b) on the Consent Agenda. INTERLOCAL AGREEMENT — FY05/06 HOME FUNDS: (TR11207) Approving the Interlocal Agreement between the City of Tamarac and Broward County to provide for the City of Tamarac to be designated as a sub recipient for the HOME Consortium and for disbursement of $139,795.00 in HOME funds for fiscal year 2005-2006. C. Item No. 6(c) on the Consent Agenda. I INTERLOCAL AGREEMENT — FY06/07 HOME FUNDS: (TR11208) Approving the Interlocal Agreement between the City of Tamarac and Broward County to provide for the City of Tamarac to be designated as a sub recipient for the HOME Consortium and for disbursement of $129,377.00 in HOME funds for fiscal year 2006-2007. Community Development Director Bramley and Housing Administrator Bauldree appeared. Community Development Director Bramley gave a presentation on items 3b and 3c. Housing Administrator Bauldree said the funds are allocated to Tamarac but administered through the County. Commissioner Portner asked for an explanation of "sub -recipient". Community Development Director Bramley said that we receive the money after Broward County receives it. d. Item No. 6(d) on the Consent Agenda. 2005 CDBG DISASTER RECOVERY INITIATIVE AGREEMENT FOR DISASTER FUNDS: (TR11209) Approving the Interlocal Agreement between the City of Tamarac and Broward County to provide for funding for citywide single unit and multi -unit housing rehabilitation in the amount of $723,804 as part of the 2005 Community Development Block Grant Disaster Recovery Initiative from the Florida Department of Community Affairs. Community Development Director Bramley and Housing Administrator Bauldree appeared. Community Development Director Bramley gave a presentation. Mayor Flansbaum-Talabisco and Vice Mayor Sultanof asked if we received the money in total or we draw on it. Community Development Director Bramley said we draw on it specifically for the Red Tagged properties after the 2005 hurricane season. Commissioner Portner asked if we still had red tagged units, if so how many and did these include Heathgate and Southgate Gardens. Housing Administrator Bauldree said there are over 200 single family and multi -family units, which include both Heathgate and Southgate Gardens. Commissioner Portner said that $700,000 does not seem like a lot of money. Community Development Director Bramley said it will help approximately 33 homes. Commissioner Partner asked if there were any foreclosures, if people still made mortgage payments and maintenance fees and how many apartments were in Southgate Gardens. Community Development Director Bramley said she knew of no foreclosures, people were still making payments and there were 109 apartments in Southgate Gardens. Commissioner Portner asked if a red tagged building can be condemned. Director of Building and Code Compliance Jones said that the term "red tag" is a general term for an unsafe structure and allows the City to close a building. Southgate Gardens was closed a week after Wilma due to significant water intrusion. We do not condemn buildings; they are condemned by the Unsafe Structure Board of Broward County. Southgate has been talking with the Special Magistrate and working to fix the buildings. Commissioner Porter expressed concern for the 200 residents that June 25, 2007 City Commission Workshop Page 6 of 9 were red tagged, not living in their homes and paying double living expenses and Tamarac should find a way to repair these buildings so that the people could move back in. Commissioner Portner asked about leveling the buildings and having a developer come in and build a new project. City Attorney Goren said that legally this could not be done at this time. Commissioner Portner directed the City attorney to find a legal vehicle to condemn the buildings and rebuild and asked staff to do something positive. Mayor Flansbaum-Talabisco asked City Manager Miller to explain what services Tamarac provided after Wilma. City Manager Miller said Southgate Gardens experienced significant damage after Wilma and a lot of people were displaced. Tamarac offered financial assistance to many individuals for temporary lodging, coordinated with Red Cross, BSO and TFR. After the storm meetings were set up with state legislators and county commissioners, aid was provided through the County and housing assistance through Community Development Housing programs. Condominium leadership has changed and they cannot get a unanimous vote to get anything done. Commissioner Dressler personally tried to mediate and has been working closely with the City Attorney's office. Commissioner Portner asked how many buildings are involved and what would it cost to rebuild. Building and Code Compliance Director Jones said there are 7 buildings and it would probably cost several million dollars. Commissioner Atkins -Grad said the Property Appraisers Office was contacted to go and appraise all the properties, including Vanguard Village and Woodlands, to reduce the appraised value and bring taxes down. e. Item No. 6(g) on the Consent Agenda. LHAP TECHNICAL AMENDMENT: (TR11223) Approving the amendment of the Local Housing Assistance Plan (LHAP) for Fiscal Years 2004-2005, 2005-2006, and 2006-2007 to provide for increases in the allocation for purchase assistance subsidies; providing for certification of consistency with the City's Comprehensive Plan. Community Development Director Bramley appeared and explained that this was a housekeeping item and gave a presentation. f. Item No. 6(f) on the Consent Agenda. USER FEES — PARKS AND RECREATION DEPARTMENT: (TR11222) Establishing user fees for the Parks and Recreation Department programs, services and facilities at City parks and recreation facilities effective Fiscal Year 2008. Parks and Recreation Director Warner and Assistant Director of Parks and Recreation Probert appeared. Parks and Recreation Director Warner gave a presentation. Commissioner Portner said there was a $75 annual fee for adults and $60 for seniors and suggested that it should be one fee of $65 as he felt everyone should be treated equally. Commissioner Portner questioned the different fees for the small, medium and large picnic shelters and suggested one flat fee for all sizes. Parks and Recreation Director Warner said the different sizes have different amenities and require different upkeep and the proposed fees are comparable to surrounding communities. Vice Mayor Sultanof said when the Community Center was built it was called "Senior Center' and that was changed to "Community Center' to encompass everyone living in Tamarac and was in favor of Seniors paying a reduced amount as they live on fixed incomes. Commissioner Atkins -Grad asked if it was possible to raise the age from 55 to 60. Parks and Recreation Director Warner said June 25, 2007 City Commission Workshop Page 7 of 9 they used the AARP guidelines to define Senior as 55. There was a general discussion on the concept of fixed income. Mayor Flansbaum-Talabisco asked Parks and Recreation Director Warner to provide more information to back up what constitutes a "Senior". Commissioner Atkins -Grad said if other cities use 60 to define Senior we should look into it. City Manager Miller said he would look into it. Mayor Flansbaum- Talabisco said she was at the Community Center on Friday evening and was pleased to see numerous activities taking place simultaneously. Commission Portner asked for an expression of interest for one price of $65. Commissioner Atkins -Grad, Vice Mayor Sultanof and Mayor Flansbaum-Talabisco were not in agreement. Commissioner Partner said he favors changing to one fee at $65.00. 4. SELECTION OF PIONEER OF THE YEAR FOR THE BROWARD COUNTY HISTORICAL COMMISSION: Interim Public Information Officer/Economic Development Officer Berns explained the criteria for selection of Pioneer of the Year. Vice Mayor Sultanof nominated Commissioner Atkins-Grad's Aunt, Pearl Silver, who is 103 years old. Commissioner Atkins -Grad expressed her appreciation but declined and nominated Leo Kaplan as Pioneer of the Year. Mayor Flansbaum-Talabisco asked for an expression of interest to nominate Leo Kaplan; all were in agreement. 5. DISCUSSION AND SELECTION OF VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: City Manager Miller said Commissioner Dressler asked this item be postponed to the next workshop when he would be able to participate in the discussion. All were in agreement to defer this item to the July 9th Workshop. DEFERRED TO JULY 9, 2007 WORKSHOP Mayor Flansbaum-Talabisco moved out of the regular order of business and said that Item 8 should also be deferred to the next workshop when Commissioner Dressler could participate in that discussion. All were in agreement to defer this item to the July 9th Workshop. 8. DISCUSSION RE: REVISED MEETING TIMES FOR BOARDS COMMITTEES AND WORKSHOP MEETINGS: Mayor Flansbaum-Talabisco, Commissioner Dressler, and City Manager Miller. DEFERRED TO THE JULY 9, 2007 WORKSHOP. 7. DISCUSSION RE: UPDATE ON NEGOTIATIONS TO PURCHASE CHEVRON SERVICE STATION: City Manager Miller said one of the main parcels for the Main Street District is the Chevron Station on the Corner of Commercial Boulevard and Pine Island Road, The City has contacted Chevron to see if they are interested in selling it to Tamarac and Chevron said they would sell it to us for $2.6 million. Several months ago we applied for a $2 million grant from Broward County and there are other grants to pursue if the Commission approves and we move forward with the purchase. City Manager Miller said that this parcel serves as an entryway to the City and to Main Street and is adjacent to the proposed flyover on 57th Street. City Manager Miller requested authorization from the Commission to continue discussions with Chevron while the June 25, 2007 City Commission Workshop Page 8 of 9 1 Commission is on vacation and send the contract on to Broward County for review, as this will allow us to keep things moving on a parallel track. All were in agreement. Vice Mayor Sultanof spoke about an article that appeared in Sunday's Sun Sentinel entitled "Tamarac Leaps Into Art" and was disappointed that we were compared to Coral Springs. If the reporter had done research she would have found that he, together with Norman Abramowitz and then Vice Mayor Mishkin, passed a resolution to make sure we got a new library, gave two acres to the Broward County Library system, and he made sure Tamarac had representation on the Library Board. Vice Mayor Sultanof said a City dies without museums, libraries and art. Coral Springs is not Tamarac, and Tamarac is on the move and blossoming. Vice Mayor Sultanof spoke of Commerce Park and City Furniture, and their artistic values, and the White Willis Theatre. Mayor Flansbaum-Talabisco said she received a number of very favorable calls regarding the article and felt that being compared to Coral Springs just shows how far Tamarac has come. Commissioner Atkins -Grad said that every day she gets her newspapers delivered in plastic bags and would like everyone to give them to her so she can recycle them. She will give them to her shoemaker until the dog park opens. Commissioner Partner said he had a request regarding item 6(m) on the consent agenda. Before the next meeting he would like to know how much the City has paid the Special Magistrate over the last 7 years and the amount of revenue he has brought in. City Manager Miller said he will have the information for Commissioner Portner before the meeting on Wednesday. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 12:40 p.m. rc LL F� f�I Tom Schneider, CMC Assistant City Clerk June 25, 2007 City Commission Workshop Page 9 of 9