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
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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
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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
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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
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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.
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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
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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
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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
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City Commission Workshop
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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
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