HomeMy WebLinkAbout2000-07-10 - City Commission Workshop Meeting Minutes1
CITY OF TAMARAC
WORKSHOP MEETING
CITY COMMISSION
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City
Commission on Monday, July 10, 2000, at 10:10 a.m. in Room 105 of Tamarac City
Hall, 7525 NW 88" Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner, and Commissioner Marc L. Sultanof.
ABSENT AND EXCUSED FOR CAUSE: Commissioner Larry Mishkin.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Manager Tim
Hemstreet, City Attorney Mitchell S. Kraft, and Interim City Clerk Marion Swenson.
City Manager Miller advised that Commissioner Mishkin would not be in attendance at
the workshop meeting.
City Manager Miller said a Resolution appointing Marion Swenson as City Clerk would
be added to the July 12, 2000 agenda, and the Water and Sewer Agreement for City
Furniture would also be added to Wednesday's agenda.
City Manager Miller reported he met with Waste Management regarding the issue in the
present contract that if the City is going to go out to bid, they must decide by the end of
July. City Manager Miller said he received a letter from Waste Management and there
are concerns with administration as Waste Management has had a change in
management. City Manager Miller said he feels that it is best to give them the
opportunity to resolve their internal difficulties, and recommends not going out to bid at
this time. City Manager Miller said the situation would be reassessed in the fall, and
asked for an expression of interest to move in this direction. Commissioner Portner
Commissioner Sultanof agreed, Vice Mayor Roberts and Mayor Schreiber agreed.
Mayor Schreiber asked whether there would be a problem if the Commission says yes
now and comes back in six months and changes its mind. City Attorney Kraft said there
needs to be something in writing, and Assistant City Manager Hemstreet said a letter
will be sent to Waste Management stating that Tamarac intends to renew the contract if
Waste Management meets their obligations under the existing agreement, and then at
the appropriate time staff will bring the agreement back to the Commission for renewal.
Mayor Schreiber said at the NW Counsel of Mayors he heard that some cities get a
20% franchise fee from All Service, and asked City Manager Miller to look into this.
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July 10, 2000
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1. JULY 12, 2000 AGENDA ITEMS:
a) Agenda Item No.10, ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE
ASSESSMENTS: (TR9085) Motion to adopt resolution relating to the provision of fire
rescue services, facilities and programs in the City of Tamarac, Florida; establishing the
estimated assessment rate for fire rescue assessments for the fiscal year beginning
October 1, 2000; directing the preparation of an assessment roll; authorizing a public
hearing and directing the provision of notice thereof. City Manager Miller gave a
presentation and spoke about the recent court decision regarding the Fire Rescue
Assessments. City Manager Miller said Tamarac is in compliance with the court ruling.
Management and Budget Officer Ralston gave a presentation and introduced Camille
Gianatasio of Government Services Group, Inc. (GSG) who gave a presentation and
explained that the recent court ruling said EMS costs are no longer recoverable through
the assessment. Vice Mayor Roberts asked about commercial rates and Management
and Budget Officer Ralston said the proposed rates generate the same amount of
revenue as in past years, but there is a change in the methodology. Vice Mayor
Roberts asked when the case would be going to the State court, and Ms. Gianatasio
said it could be 18 months before the Supreme Court looks at this case. Mayor
Schreiber questioned tax-exempt properties, and asked if there is a possible cause of
action against Tamarac for prior years' non ad valorem taxes. City Attorney Kraft
responded that Tamarac worked in good faith based on the laws in existence at the
time.
b) Agenda Item No. 12, PUBLIC SERVICE TAX ON ELECTRICITY: (TO1902)
Motion to adopt ordinance on first reading adding a public service tax on electricity by
amending Chapter 6, Finance and Taxation, Article VI. Public Service Tax, of the City of
Tamarac Code, by creating Division 2. Public Service Tax on Electricity, Code Section
6-160. Rate and amount of Tax on Purchase of Electricity., Section 6-161. Definitions.,
Section 6-162. Purchase of Electricity; Levy of Tax; Amount; Payment Generally of
Tax., Section 6-163. Collection Generally and Disposition of Tax; Discontinuance of
service upon failure of purchaser to pay tax and seller's charge., Section 6-164.
Exemptions and exclusions from payment of tax., Section 6-165. Computation of tax
when seller collects the price thereof in monthly periods., Section 6-166. Records to be
kept by seller; General Administrative Audit Plan for Enforcement of article; Authority of
City to audit such records., Sections 6-167 Interest and Penalties for late payments and
late returns., Section 6-168. Costs incurred in pursuit of tax or information as a result of
a violation of any of the sections 6-160 through 6-167; providing for codification. City
Manager Miller said staff has provided alternatives to Tamarac's financial situation.
Additional revenue sources are needed, especially in light of the recent court ruling
eliminating the EMS fees. Staff recommended establishment of a 5% Public Service
Tax on electricity. A Public Service Tax will have a minimal impact on residents,
possibly $3.00-$4.00 per month and will generate approximately $1.45 million annually.
Mayor Schreiber asked if this will enable the Commission to avoid an increase in the
millage rate, and City Manager Miller responded it would. Vice Mayor Roberts asked if
the public service tax would only be on electricity, and City Manager Miller responded in
the affirmative. Assistant City Manager Hemstreet gave a presentation. Vice Mayor
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July 10, 2000
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Roberts asked if 5% would be enough to last five years. Commissioner Sultanof said it
might take more than five years to finish the Commerce Park. Commissioner Partner
said taxes are unpopular with everyone, but a 7% public service tax would still be 3%
less than other cities. Vice Mayor Roberts expressed concern that if someone does not
pay the public service tax their electricity can be shut off. Vice Mayor Roberts said in
many households electric bills are more than $80.00, and asked where the figures came
from. Assistant City Manager Hemstreet said the figures came from FPL. City Manager
Miller said if ad valorem taxes are not paid, a person could lose their house. The ad
valorem tax offers fewer options than the public service tax. Commissioner Sultanof
said he is not happy with a utility tax. Commissioner Portner asked percentage of the
utility tax the corporate sector would bear, and City Manager Miller said businesses
would pay more than residential; ad valorem taxes hit single family and condominiums
more significantly. Vice Mayor Roberts said if the utility tax is set at 7% we would not
have to do it again next year, and it can always be lowered. Mayor Schreiber said the
last four years the millage rate has not risen, and he does not want the impact to be too
great. Assistant City Manager Hemstreet said one mil on a $125,000 house valuation
equals $100.00 and on a $60,000 apartment, about $30.00. Commissioner Sultanof
said many homeowners and condominium owners do not pay ad valorem taxes, and of
those that do, many cannot afford an increase. City Manager Miller said when the
possibility of a utility tax was discussed at the retreat, the Commission authorized 5%,
and staff has presented a balanced budget with the 5% utility tax. City Manager Miller
applauded the Commission for taking a larger viewpoint, and if the Commission wishes
to proceed with more than 5% it is a good way to go from a financial standpoint. City
Manager Miller said he spoke with Commissioner Mishkin over the weekend and
Commissioner Mishkin said he was in favor of the utility tax and would go along with the
majority of the Commission. Vice Mayor Roberts asked which other cities have a utility
tax, and their percentage, and Assistant City Manager Hemstreet said Tamarac,
Deerfield Beach and Weston do not have utility taxes. The other cities charge 10%. An
expression of interest was given as follows: Vice Mayor Roberts, Commissioner
Portner and Mayor Schreiber agreed to a utility tax of 7%. Commissioner Sultanof was
not in favor of a utility tax.
c) Agenda Item No. 11, AMENDING ARTICLE VII OF THE TAMARAC CHARTER:
(T01905) Motion to adopt ordinance on first reading amending Article VII of the
Tamarac Charter by deleting Section 7.13, entitled "Requirements For Referendum"
and amending Section 7.16, entitled 'Bonds and Municipal Borrowing"; providing that if
the amendment is approved by a majority of the voters at the November 7, 2000,
election, then such amendment shall become a part of the City Charter upon
certification and acceptance of the election results; providing for codification. Assistant
City Manager Hemstreet gave a presentation. Mayor Schreiber asked if the 2.5% was
eliminated would the City then have any limitation on the amount it could borrow, and
City Attorney Kraft said the only limitations would be those set by Florida law, and the
Commission's ability to handle the debt.
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d) Agenda Item No. 9, PROPOSED MILLAGE RATE OF 5.9999 MILLS: (TR9082)
Motion to adopt Resolution authorizing the City Manager to send a proposed Millage
Rate of 5.9999 mills to the Property Appraiser for Fiscal Year 2001 and setting
September 11th, 2000 at 6:30 p.m. at the Tamarac Commission Chambers, 7525 N.W.
88th Avenue, Tamarac, Florida as the date, time and place for the first Public Budget
Hearing and September 27th, 2000 at 6:30 p.m. at the Tamarac Commission
Chambers, 7525 N.W. 88t" Avenue, Tamarac, Florida as the date, time, and place for
the second Public Budget Hearing. Management and Budget Officer Ralston gave a
presentation.
e) Agenda Item No. 8(d), LANDSCAPING AND IRRIGATION - COMMERCIAL
BOULEVARD BETWEEN ROCK ISLAND ROAD AND PROSPECT ROAD: (TR9068)
Rejecting the Award of Bid No. 00-18B and postponing construction of landscaping and
irrigation on the medians of Commercial Boulevard between Rock Island Road and
Prospect Road until fiscal year 2003 as requested by the Florida Department of
Transportation. Public Works Director Verma gave a presentation. Mayor Schreiber
asked whether the delay would affect the grant program, and Public Works Director
Verma said the grant money would only be delayed for one year. Commissioner
Portner said he is not in favor of the delay, and wants Tamarac to complete the project
as formerly scheduled. Mayor Schreiber said it does not make good sense to complete
the project and then have to redo it. Commissioner Sultanof agreed the east side of
Tamarac needs these improvements, but the Commission has a fiscal responsibility.
There was discussion about doing part of the project now, and Public Works Director
Verma said he would research it and inform City Manager Miller of his findings.
Mayor Schreiber called for a recess at 11:35 a.m. Mayor Schreiber reconvened the
meeting at 11:45 a.m. with everyone present except Commissioner Mishkin who was
excused for cause.
The Commission went out of the regular order of business on the agenda to discuss
Items #3 and #4.
3. NORTH LAUDERDALE TRANSIT PROPOSAL: Discussion of expansion of the
Tamarac Transit System into North Lauderdale. Parks and Recreation Director
Margoles gave a presentation and introduced Bonnie Miskal, of Ruden, McClosky, who
represents the owner/developer of property in North Lauderdale. Parks and Recreation
Director Margoles said Tamarac already provides service to some of the areas in
question. Commissioner Sultanof asked how many miles are involved, and Parks and
Recreation Director Margoles said about one mile. Parks and Recreation Director
Margoles said the bus routes would have to be changed to accommodate the additional
stops, and Mayor Schreiber asked what the cost to Tamarac would be. Parks and
Recreation Director Margoles said it would be minimal. There was discussion about the
length of the ride on the Red and Green routes, and Parks and Recreation Director
Margoles responded. Mike Sturgis, Director of Parks and Recreation for North
Lauderdale spoke about expansion of the transit system into North Lauderdale, and
said it is better for another City to assist than to outsource the program. Parks and
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Recreation Director Margoles said one, of the advantages is that it gives people from
Tamarac another place to go and may increase ridership. Additionally, it will give North
Lauderdale riders an opportunity to go to Tamarac to shop. There was discussion
about linking up with systems in other cities. Mayor Schreiber asked for an expression
of interest to expand the Tamarac Transit System into North Lauderdale.
Commissioner Sultanof, Commissioner Portner, Vice Mayor Roberts and Mayor
Schreiber were in favor.
4. TAMARAC TRANSIT SYSTEM UPDATE: Tamarac Transit System update.
Parks and Recreation Director Margoles gave a presentation. There was discussion
about adding the Community Center as a stop for all the routes and Broward County's
requirements for ridership. There was discussion about reducing the time in which it
takes each route to be completed, increasing the service hours and taking Kings Point
off the route. Mayor Schreiber asked what could be done to attract more riders, and
Vice Mayor Roberts said adding Coral Square Mall and 44t" Street to the stops would
help. Parks and Recreation Director Margoles said one option to explore is scheduling
trips from the Community Center. Commissioner Sultanof said there are many buses
from other cities at the 44th Street Plaza, and Parks and Recreation Director Margoles
said in order to make the Plaza a regular stop, an agreement is needed, but to merely
go on a trip, an agreement is not necessary. Parks and Recreation Director Margoles
said ridership figures are inconclusive at this time, but they support the fact that people
want someplace to go. Assistant City Manager Hemstreet said when the routes were
designed we tried to hit every community, and we found that stops need to be
eliminated where people have no need for the transit system. Routes need to be
shortened, and additional places to go provided. Expanding operational hours will allow
use of the transit system by working people. Vice Mayor Roberts asked if the service
would be expanded and then stops cut out or the other way around. Parks and
Recreation Director Margoles said stops would be eliminated first, but stops can be
added back if there is a demand for them. Vice Mayor Roberts asked how much time
eliminating eight stops on the Green route and adding the Community Center saves,
and Parks and Recreation Director Margoles said about 15 minutes. Vice Mayor
Roberts said the Red route is being deleted in the easternmost part of Tamarac and yet
another bus is being added, and asked why two buses are needed. Parks and
Recreation Director Margoles said the route takes 1-3/ hours each way, which is too
long of a ride. Recommended changes need to be discussed between Tamarac and
Broward County so City and County stops will coincide with each other. Vice Mayor
Roberts asked when the stops would be deleted and residents notified, and Parks and
Recreation Director Margoles said about October 1st
Mayor Schreiber called for a recess at 12:25 p.m. Mayor Schreiber reconvened the
workshop meeting at 1:10 p.m. with everyone present except Commissioner Mishkin
who was excused for cause.
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f) Agenda Item No. 8(g), DISASTER RECOVERY SERVICES: (TR9071) Executing
an agreement between the City of Tamarac and Grubbs Construction Company for
disaster recovery services. Public Works Director Verma and Assistant Public Works
Director Greenspan gave presentations. Commissioner Sultanof asked if any federal
money was available for hurricanes or internal disasters, and Don Mateo of Grubbs
Construction said under the agreement all expenses are reimbursable. Commissioner
Portner asked about the cost to remove one million yards of debris, and Assistant Public
Works Director Greenspan said a storm such as Andrew would generate this type of
debris. Mayor Schreiber questioned the time allotted to pay the invoices, and Mr. Mateo
responded. Vice Mayor Roberts asked what would happen if a major disaster damaged
City buildings and prevented Tamarac from reviewing and paying the invoices in five
days, and Mr. Mateo said Grubbs would provide a mobile command unit and temporary
housing for personnel and records.
g) Agenda Item No. 8(h), FEASIBILITY STUDY - WOODLANDS PUMP
STATIONS: (TR9084) Executing an engineering agreement with Williams, Hatfield &
Stoner, Inc., to provide design, surveying and permitting services for the Woodlands
Pump Station feasibility study; approving an expenditure not to exceed $59,870;
authorizing a budget transfer within the Stormwater Management Fund, Public Works
Director Verma gave a presentation. Vice Mayor Roberts said Tamarac has taken the
leadership role to solve the problem.
h) Agenda Item No. 8(m), PURCHASE OF THREE PORTABLE TRAILER
MOUNTED PUMPS: (TR9075) Purchasing three portable trailer mounted pumps
utilizing Florida Department of Transportation and City of Deltona purchasing
agreements; authorizing an expenditure of funds in an amount not to exceed $58,971.
Assistant Public Works Director Greenspan gave a presentation.
i) Agenda Item No. 8(i), WATER RETENTION AGREEMENT - BELLEAIR
DEVELOPMENT GROUP: (TR9062) Executing a water retention agreement with
Belleair Development Group Inc; authorizing Belleair to purchase a credit of 0.212 acres
of excess water retention from the City in lieu of providing on -site water retention in the
amount of $9,646.00. Public Works Director Verma gave a presentation.
j) Agenda Item No. 8(f), BELL SOUTH MOBILITY SITE LEASE AGREEMENT:
(TR9069) Executing a Site Lease Agreement with Bellsouth Mobility, Inc. for the installation
of a telecommunications antenna and associated equipment. MIS Director Sucuoglu gave
a presentation.
k) Agenda Item No. 8(e), ESTABLISHING A NEW AREA CODE: (TR9074)
Supporting a geographic split of Broward County along telephone exchange limits for the
purposes of establishing a new area code in Broward County; directing the City Clerk to
send a copy of this resolution to the Florida Public Services Commission (PSC) for
consideration. Assistant to the City Manager Kristin McKew gave a presentation.
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Commissioner Portner questioned lterp,8(k) on the,Agenda. PURCHASE OF A VAN:
(TR9081) Approving the purchase of a maxi van from RD Ward,
expenditure in an amount not to exceed $36,200, utilizing
Procurement Program Contract. City Manager Miller said this is a
Public Works.
Mayor Schreiber questioned Item 8(n) on the Agenda.
STATEMENT: (TR9070) Adopting a Mission Statement
Hemstreet said
June 22, 2000
always".
the proposed mission
Inc., authorizing an
a Florida Vehicle
replacement van for
ADOPTING A MISSION
Assistant City Manager
statement was introduced consistent with the
Workshop meeting. This is what Tamarac stands for, "excellence ...
Mayor Schreiber questioned Item 13 on the Agenda. INFORMATION TECHNOLOGY:
(TO1904) Motion to adopt ordinance on first reading amending Chapter 2
Administration, Article IV. Departments, Division 1. Generally, of the Tamarac City
Code, amending Section 2-235 Establishment of Certain Departments and Offices,
changing Department of Management Information Services to Department of
Information Technology; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date. Mayor Schreiber asked how much it
would cost to implement the name change for the department and Vice Mayor Roberts
asked if stationery and business cards will have to be changed. MIS Director Sucuoglu
explained that with the adoption of the mission statement the City would be changing
stationery and business cards.
Mayor Schreiber questioned Item 15 on the Agenda. ELDER READY COMMUNITY
ASSESSMENT: (TO1901) Motion to adopt ordinance on first reading accepting
Florida Department of Elder Affairs funds in the amount of $24,500 for the City's
evaluation of the Department of Elder Affairs "Elder Ready Community Assessment";
amending the annual Budget of Estimated Revenues and Expenditures for the Fiscal
Year 2000. Mayor Schreiber asked if this has been planned and calendared, and Parks
and Recreation Director Margoles said it has been. City Manager Miller said this is an
assessment for elder and social services.
2. RESOLUTIONS FOR FLORIDA LEAGUE OF CITIES (FLC) ANNUAL
CONFERENCE: Discussion of possible resolutions to be forwarded for consideration
during the Florida League of Cities Annual conference. Commissioner Portner said he
would like the Commission to have the same rights as the legislature under the
Sunshine Law. Commissioner Sultanof asked if the Sunshine Law is constitutional, and
City Attorney Kraft responded it has been challenged in the past and every court upheld
it. Commissioner Portner asked for an expression of interest to move forward and Vice
Mayor Roberts, Commissioner Sultanof, and Mayor Schreiber, agreed to move forward.
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Interim City Clerk Swenson announced the plans for Stanley Budnick's funeral service
on July 11th, and Mayor Schreiber suggested beginning the Budget Workshop at 8:30
a.m. instead of 9:30 a.m., recess at 10:30 a.m. to allow people to attend the services,
and reconvene the meeting at 1:30 p.m.
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the workshop meeting at 2:10 p.m.
Marion Swenson, CIVIC
City Clerk
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