HomeMy WebLinkAbout2007-07-09 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, JULY 09, 2007
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City
Commission to order on Monday, July 09, 2007, at 9:30 a.m. in Room 105 of Tamarac City
Hall, 7525 NW 881h 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 Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City
Clerk Marion Swenson.
Mayor Flansbaum-Talabisco led the pledge of allegiance and extended condolences on
behalf of the Mayor and City Commission to City Attorney Goren on the loss of his mother
and to Commissioner Dressler on the loss of his brother and mother. Mayor Flansbaum-
Talabisco congratulated Deputy City Manager Cernech on the birth of his son.
Commissioner Portner said he resents remarks made about his attitude regarding the City
budget; he has a strong respect for City documents and the budget, and he intends to
continue to state his position with passion, and intends to exercise the advise and consent of
the Commission. Commissioner Partner said he did not want to be put in this position again.
1. JULY 11 2007 AGENDA ITEMS:
a. Item No. 60) on the Consent Agenda. AWARDING RFP No. 07-27R FOR DEBRIS
MONITORING SERVICES: (TR11234) Awarding RFP No. 07-27R to Beck Disaster
Recovery, Inc. for Disaster Debris Monitoring Services; authorizing the appropriate City
officials to execute an agreement with Beck Disaster Recover, Inc. for Disaster Debris
Monitoring Services. Public Works Director Strain and Purchasing/Contracts Manager Glatz
appeared. Public Works Director Strain gave a presentation. Commissioner Portner
questioned language in the staff memo regarding private sector, asked whether Hurricane
Wilma was a category 1 or 2 storm, and questioned the amount of reimbursement received
from FEMA. Public Works Director Strain explained the Public Works department has other
obligations which would have to be put off in the event of a catastrophic event, and Beck
Engineering, as a private sector company, would take over monitoring in order to allow us to
continue with our day to day responsibilities. Hurricane Wilma was on the cusp of being a
category 2 storm and we received 95% reimbursement from FEMA. Mayor Flansbaum-
Talabisco questioned the hiring of two debris removal firms and Public Works Director Strain
explained monitoring can be handled by one contractor, as they have offices throughout
Florida and the southeast United States. For debris removal, we are talking about bringing in
equipment and people, who may be in the affected area, hence the need for two contractors;
one in Florida and one in Alabama. FEMA indicated they would like each city to have two
contractors for debris removal. Additionally, FEMA has a pilot program allowing an additional
5% compensation if we have two debris removal companies under contract prior to a storm.
Commissioner Portner asked who is responsible to see to it that the workers are legal
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residents and whether the City is held harmless. City Attorney Goren said it is the
responsibility of the contractors and the City is held harmless.
b. Item No. 6(p) on the Consent Agenda. AGREEMENT — NOB HILL ROAD MEDIAN
IMPROVEMENT PROJECT: (TR11236) Executing an agreement with Budget Construction,
Inc. for the improvement of the Nob Hill Road Medians from Commercial Boulevard to
Westwood Drive (Phase 1) in an amount not to exceed $333,720.50 from the appropriate
accounts; authorizing budget amendments as needed for proper accounting purposes.
Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public
Works Director Strain gave a presentation. Vice Mayor Sultanof said he is on the MPO and
voted for this. Mayor Flansbaum-Talabisco questioned the time frame and Public Works
Director Strain said construction is about 200 days once the contract is signed and the bonds,
etc. are acquired. Commissioner Portner asked if the balance of $131,000 could be used for
sidewalks. Public Works Director Strain said it is for road improvements only.
C. Item No. 6(q) on the Consent Agenda. AWARDING RFP 07-20R FOR DESIGN -
BUILD BOAT RAMPS PROJECT: (TR11235) Awarding RFP #07-20R and executing an
agreement with Straightline Engineering Group, Inc. for the Design -Build of the Boat Ramps
Project for an amount not to exceed $533,525 from the appropriate accounts; authorizing
budget amendments as needed for proper accounting purposes. Public Works Director
Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain
gave a presentation. Commissioner Portner asked what would prevent the public from using
the ramps and Public Works Director Strain said the gates would be locked. Vice Mayor
Sultanof asked how many ramps are needed and Public Works Director Strain said 37 in
total; some are in question as we are trying to obtain rights of access. Commissioner Atkins -
Grad confirmed there would be signs posted telling people the ramps are not for public use.
Mayor Flansbaum-Talabisco confirmed the funds are available from the Boat Ramp Project
CIP fund and 2004 Utility Bonds, and this is not a recreational project; it is a necessity.
d. Item No. 6(k) on the Consent Agenda. RENEWAL OF BILLING SERVICES:
(TR11237) Executing the first renewal option agreement with Advanced Data Processing,
Inc. to provide for the administration, processing and receipt of payments associated with
transporting Emergency Medical Service (EMS) patients on behalf of the City of Tamarac Fire
Rescue Department. Deputy Fire Chief Schuldt, Purchasing/Contracts Manager Glatz and
EMS Division Chief Sheridan appeared. Deputy Fire Chief Schuldt gave a presentation.
EMS Division Chief Sheridan explained the percentage of monies recouped. Commissioner
Dressler confirmed the 7% is not just for billing but for fulfillment in collections and
documentation. EMS Division Chief Sheridan said it is also for reimbursement of
overpayments. Mayor Flansbaum-Talabisco said the residents do not understand or know
that when they call 911 and are transported by ambulance they are charged for the transport;
there should be an explanation on the bills and she would like to have this looked into in
order to better educate our residents. City Attorney Goren said that is a possibility; the
Supreme Court spoke on the matter and said rescue can not be an assessed item. There
are always ways to keep the public better informed. Deputy Fire Chief Schuldt and EMS
Division Chief Sheridan spoke of billing changes regarding insurance. There was discussion
regarding various methods available to educate the public. Commissioner Dressler asked for
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a short description of the changes in billing and City Manager Miller said staff would research
and talk with the City Attorney and get back to the Mayor and City Commission with a report.
e. Item No. 6(i) on the Consent Agenda. ADOPTING STRATEGIC PLAN: (TR11233)
Adopting the Guiding Strategies and Goals of the "City of Tamarac Strategic Plan FY 2008".
Assistant City Manager Phillips appeared and gave a presentation. Vice Mayor Sultanof said
this is a good plan. Commissioner Dressler congratulated staff for the time they took to
develop the strategic plan document and extend it to process management. Assistant City
Manager Phillips added the plan this year will not be in the traditional form of a book, but
rather in a brochure format that can be used for educational purposes in the community as
well as with employees. Mayor Flansbaum-Talabisco said this is a dynamic and outgoing
commission, and some of the best ambassadors the city has; when the brochure is done it
will be an additional tool. The community enjoys seeing the Mayor and City Commission and
this brochure is a culmination of one year's work on the part of staff and the Mayor and City
Commission. Mayor Flansbaum-Talabisco charged the Commission with getting the word
out and asked when the brochure will be ready. Assistant City Manager Phillips said it will be
ready by the time the Mayor and City Commission return from their summer break.
Commissioner Atkins -Grad suggested that the brochure be left at the various City restaurants
for patrons. Commissioner Portner asked about placing the brochure in the Tam -A -Gram
and Assistant City Manager Phillips said we are exploring the ability to make it a pull out
section in the upcoming issue. Mayor Flansbaum-Talabisco questioned the number of
households receiving Tam -A -Grams and Assistant City Manager Phillips said 33,000 —
34,000 including businesses.
2. DISCUSSION AND SELECTION OF VOTING DELEGATE TO THE FLORIDA
LEAGUE OF CITIES ANNUAL CONFERENCE: Discussion and selection of voting delegate
to the Florida League of Cities Annual Conference. DEFERRED AT THE JUNE 25, 2007
WORKSHOP MEETING. Assistant City Manager Phillips appeared and gave a presentation.
Mayor Flansbaum-Talabisco nominated Commissioner Atkins -Grad. Vice Mayor Sultanof
nominated Commissioner Portner, who declined. Mayor Flansbaum-Talabisco asked for an
expression of interest to select Commissioner Atkins -Grad as the Voting Delegate and all
were in agreement. Mayor Flansbaum-Talabisco said Commissioner Portner has
represented the City previously and has been very successful. Commissioner Atkins -Grad
worked hard over the past year learning as much as she could, and will represent Tamarac
well.
3. DISCUSSION RE: REVISED MEETING TIMES FOR BOARDS COMMITTEES AND
WORKSHOP MEETINGS: Discussion regarding revised meeting times for boards,
committees and workshop meetings. DEFERRED AT THE JUNE 25, 2007 WORKSHOP
MEETING. Mayor Flansbaum-Talabisco, Commissioner Dressler, and City Manager Miller
appeared. Commissioner Dressler said pursuant to guiding strategy 4 in the strategic plan,
one stated priority is to get as many people to participate in government as much as possible.
There is more discussion of items at workshop meetings than at commission meetings, but
working people are unable to get to morning meetings, and he is in favor of holding one
workshop meeting each month in the evening. The other issue is board and committee
meetings. Commissioner Dressler said there is merit to holding board and committee
meetings at a set time convenient for those who work during the day as long as there is no
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statutory prohibition. This, also, would fulfill guiding strategy #4. Mayor Flansbaum-
Talabisco said it is her understanding that boards and committees have the ability to set their
own meeting time, and perhaps all that is needed is a reminder to make it clear. City
Attorney Goren said regularity as to when the meeting is to be held needs to be addressed
and consistent, as the public has the right to access to meetings. Vice Mayor Sultanof said
over the years there has been a large cadre of people who devoted their time to boards and
committees of the City of Tamarac. Many are not young and have done their volunteer work
diligently. It is up to them to make the change in scheduled time for the meeting(s). With
regard to evening workshops, the workshop setting does not allow for the public to speak.
Additionally, who is going to pay for staff; we must watch our money. Vice Mayor Sultanof
said he is in favor of flexibility for boards and committees to schedule their meeting times but
not in favor of changing workshop meetings to evenings. City Attorney Goren explained the
City Clerk posts notices of board and committee meetings so people have the right to access.
Mayor Flansbaum-Talabisco asked if these times are advertised and City Clerk Swenson
replied they are. Commissioner Dressler said he did not understand how age played into the
meeting times; however, given the shift in age demographics of the City it makes sense to
hold meetings later in the day. Most cities hold their meetings at night. Vice Mayor Sultanof
said with the changing demographics, these changes will ultimately be made over time.
Mayor Flansbaum-Talabisco said she would like to see the fiscal impact to hold workshop
meetings in the evening. City Manager Miller said there is a definite cost for setup and
operating the building, closing the building, and security. Most staff attending the workshop
meetings are salaried so there is no overtime cost associated with them. City Manager Miller
said he would get the numbers to the Mayor and City Commission. Commissioner Portner
said he would agree to change a workshop meeting to an evening meeting if the public would
have the ability to speak. City Attorney Goren explained Florida law does not authorize or
require public comments or input during workshop meetings. Commissioner Dressler said
while he understands Commissioner Portner's thoughts, he does not agree that people
should have the right to speak at workshop meetings; the purpose of an evening workshop
meeting is to let people come and know what the elected officials are doing and how they
think. There was discussion regarding public participation at regular meetings and the right
to access. Mayor Flansbaum-Talabisco said once the facts and figures are delivered to the
Mayor and City Commission, the discussion will be picked up at a future date.
City Attorney Goren spoke of a Broward League of Cities meeting to be held at 2:00 p.m.
today, at which time Mayor Flansbaum-Talabisco will be asked whether the City of Tamarac
wants to support a lawsuit challenging the State's decision on tax reform. The law firm of
Weiss Serota will handle the suit on a pro bono basis. Additionally, a suit may have been
filed by the City of Weston, but City Attorney Goren said he does not yet have any paperwork
supporting this. City Manager Miller said the League of Cities did a marvelous job in
Tallahassee against overwhelming odds to soften what would have been a death blow to the
cities. The resulting statutory piece was livable for most cities. Ron Book reported to the
Mayor and City Commission in workshop setting that if the appeal goes through, and Broward
Cities are successful in throwing out the legislation, the legislators will punish us in the next
session. For that reason, City Manager Miller thinks we should not vote to try to overturn this
legislation. Mayor Flansbaum-Talabisco questioned the outcome if the majority of the Board
decides to sue and Tamarac does not; City Attorney Goren said the Broward League would
be the plaintiff and Tamarac part of the mix unless we were to withdraw our membership.
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Mayor Flansbaum-Talabisco asked City Attorney Goren for his advice and he advised not to
join the lawsuit.
Vice Mayor Sultanof left the room at 11:30 a.m. and returned at 11:33 a.m.
City Attorney Goren said he believes at the end of any legal argument that can be raised, the
potential for success lies more with the state than any Plaintiff that would challenge the State.
City Attorney Goren explained if the Broward League votes today to become a Plaintiff or join
the lawsuit that is filed, Tamarac is a member of the group. If Tamarac decides not to be
included that does not preclude us from doing so at a later time. City Manager Miller said
there are significant forces in the State trying to undo this legislation as well as legislation
next year. There are all kinds of groups that can file such a suit; any recognized corporation
can file. Mayor Flansbaum-Talabisco asked for an expression of interest and Commissioner
Dressler was in favor of joining the lawsuit/litigation; Vice Mayor Sultanof, Commissioners
Portner and Atkins -Grad, and Mayor Flansbaum-Talabisco were not in favor of joining the
lawsuit/litigation.
Commissioner Portner asked if the South Florida Water Management District (SFWMD) has
abated water restrictions and Director of Utilities Gagnon said they have not. Commissioner
Portner asked Director of Utilities Gagnon to contact them to see if restrictions for the general
public could be lifted in Broward County. Commissioner Atkins -Grad said she would like to
see restrictions for restaurants kept in tact all year long. Commissioner Dressler spoke of a
disparity between the low level of Lake Okeechobee and high level of canals, and questioned
why SFWMD did not consider easing restrictions given the fact that they are going to dump
water into the ocean.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the workshop meeting at 11:55 a.m.
Marion Swenson, CMC
City Clerk
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