Loading...
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 July 09, 2007 City Commission Workshop Page 1 of 5 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 July 09, 2007 City Commission Workshop Page 2 of 5 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 July 09, 2007 City Commission Workshop Page 3 of 6 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. July 09, 2007 City Commission Workshop Page 4 of 5 1 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 July 09, 2007 City Commission Workshop Page 5 of 5