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HomeMy WebLinkAbout2005-08-22 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, AUGUST 22, 2006 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, August 22, 2005, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, Interim City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Schreiber led the pledge of allegiance. City Manager Miller announced that the City of Tamarac has been recognized as a recipient of the Florence Goldmann Award for outstanding Senior Center. Interim Director of Parks and Recreation Warner explained the Florence Goldmann Award for Distinguished Senior Centers is a state wide award given through the Florida Coalition on Aging and will be presented in Orlando on Tuesday, August 23rd. Interim Director of Parks and Recreation Warner added the award recognizes the senior center for enhancing the lives of seniors through programming and services. City Manager Miller added if any of the commissioners would like to be present in Orlando at the presentation, arrangements will be made. Commissioner Sultanof asked who on behalf of Tamarac would accept the award and Interim Director of Parks and Recreation Warner said Theresa Backer, Recreation Programmer II would accept. 1. AUGUST 24, 2006 AGENDA ITEMS: a. Item 6(i). WAIVER OF FEE — TAMARAC CHAMBER OF COMMERCE — TASTE OF TAMARAC EVENT: (TR10773) Approving requests from the Tamarac Chamber of Commerce for in -kind support and to waive all fees for the Taste of Tamarac event to be held at the Tamarac Community Center on Saturday October 15, 2005 from 12:00 pm — 4:00 pm; providing for proper insurance and execution of a hold harmless agreement. Interim Director of Parks and Recreation Warner, Chamber of Commerce Chair Fallenbaum, and Chamber of Commerce Executive Director Reid, appeared. Interim Director of Parks and Recreation Warner said this event is evolving into a partnership between the City of Tamarac and the Chamber. The city will sponsor an arts and crafts fair and art show/contest with revenues from both going to the city. Mayor Schreiber questioned the location and Interim Director of Parks and Recreation Warner said the arts and crafts fair will be in the ballroom, the art show/contest in a tent in the shaded area, and the gym will be set up with food vendors as it was last year. Commissioner Roberts asked what the normal room rate would be and Interim Director of Parks and Recreation Warner said $940.00. Mayor Schreiber added there are August 22, 2005 City Commission Workshop Page 1 of 13 additional costs to be waived as well. Interim Director of Parks and Recreation Warner explained the total in -kind service to the chamber would be $2,500; offset since the city is a named title sponsor. Advertising will be done by the chamber. Mayor Schreiber asked whether last year's event helped the chamber and generated business activity in the city. Mr. Fallenbaum said last year was the first event of this type in Tamarac, and it exceeded expectations. Business visibility and exposure was promoted, as well as a boost in membership for the chamber. Commissioner Sultanof questioned the hold harmless agreement and Interim Director of Parks and Recreation Warner said the chamber, as part of the rental agreement, will sign a hold harmless agreement to protect the city. Commissioner Portner questioned the fact that there will be no rescue detail assigned to the Tamarac Community Center the day of the event and asked what the cost would be for overtime. Chief Budzinski responded approximately $800.00. Commissioner Portner said he would like to see a detail assigned to the Tamarac Community Center the day of the event. Commissioner Roberts agreed. Mayor Schreiber asked for an expression of interest to have a fire rescue detail assigned to the Tamarac Community Center the day of the Taste of Tamarac Event and all said yes. Vice Mayor Flansbaum-Talabisco said she would like to see measures of success and possible improvements for the event; perhaps measuring new members to the chamber and feedback from participating restaurants as a result of the event. Commissioner Roberts said she was told there would be coupons for the restaurants. Ms. Reid explained some restaurants had no way to measure new customers as a result of last year's event, so this year the chamber will give 400 coupons to be distributed at each booth. A majority of restaurants from last year will participate in this year's event, and there has been an increase of 10 restaurants from last year. Vice Mayor Flansbaum- Talabisco asked if the restaurants are from Tamarac or neighboring cities, and Ms. Reid said mostly from Tamarac. Commissioner Portner asked about inviting Cheddars, which will open soon in Tamarac. City Manager Miller said since their facility is not built yet, they have no method for food preparation for this year's event; however, they will be contacted and perhaps have some advertisements given out at the event. b. Item 6(b). GRANT AWARD AND AGREEMENT — TAMARAC AQUATICS COMPLEX: (TR10762) Accepting a grant in the amount of $200,000 from the Florida Department of Environmental Protection Florida Recreation Development Assistance Program (FRDAP); authorizing the appropriate City officials to execute a project agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $200,000 with a cash match of $200,000 in city funds for a total project cost of $400,000, to provide residents and visitors of Tamarac enhanced parks and recreation facilities at the Tamarac Aquatics Complex; amending the existing Aquatics Complex Capital Improvement Project Budget of estimated revenues and expenditures in the amount of $200,000. Interim Director of Parks and Recreation Warner and Special Projects Coordinator Gresek appeared. Special Projects Coordinator Gresek said the City of Tamarac received $200,000 from FRDAP, which will pay for amenities at Caporella Aquatic Center. Interim Director of Parks and Recreation Warner added construction funding will be used for the required match. Commissioner Sultanof asked if the money has been disbursed and Interim Director of Parks and Recreation Warner said during the second meeting in September August 22, 2005 City Commission Workshop Page 2 of 13 representatives Porth, Campbell and Greenstein will present an honorary check to the Mayor and City Commission. C. Item No. 6(c). MODIFYING STORMWATER FEES: (TR10767) Modifying the fees applicable to the Tamarac Stormwater Management Utility as established. d. Item No. 9. AMENDING CHAPTER 22 OF THE TAMARAC CODE — STORMWATER FEES: (T02090) Motion to adopt Ordinance on first reading amending Chapter 22 entitled, "Utilities", Article VI, "Stormwater Management Utility", Section 22-254, "Schedule of rates", adding the requirement for automatic annual adjustments to the stormwater management utility fee pursuant to the U.S. Consumer Price Index for the period; providing for codification. Public Works Director Strain and Finance Director Chapman appeared for Items 1(c) and 1(d) on the workshop agenda, and both items were discussed simultaneously. Finance Director Chapman explained the reason for the change was due to budgetary projections and to maintain the level of services provided for stormwater management. Public Works Director Strain explained with no change to the fees there would be a deficit in the next 18 months. In looking at costs and enhancements to the service, four temporary employees would be added during the summer growing season, as well as the rental of a harvester for this time period. Commissioner Roberts questioned the fact that when previously asked if another harvester was needed, Public Works Director Strain responded in the negative. Public Works Director Strain explained several years ago the equipment was denied in the budget process, so it was not proposed again this year. The equipment will be needed during the summer growing season, so it makes sense to rent it for that time only. Commissioner Roberts questioned the $2.00 per month increase and the cost factor. Management and Budget Officer Sammartino explained with the $2.00 increase and the CPI it is projected we will be solvent through 2012. With only the $2.00 increase we will be solvent through 2009. The CPI prevents larger periodic rate increases. Commissioner Roberts said residents don't want to be `nickled and dimed' every year. Public Works Director Strain replied from a business practice, this is the best way to go; plus, increases are more palatable in smaller increments. Commissioner Sultanof said it is the government's business to take care of the residents, and costs will keep going up; people have to pay for services. Mayor Schreiber agreed this method will not burden the public and will keep us level with costs. Mayor Schreiber added that many neighborhoods hire a lawn service, and during mowing the grass is blown into the canals. Mayor Schreiber suggested Code Enforcement visit the various neighborhoods and put a stop to this practice. Public Works Director Strain said the city is looking at methods of educating the homeowner associations. There is a need to meet with the homeowner associations to discuss the mowing issue as well as fertilization of lawns, which they may be doing more than necessary. Perhaps a buffer between the grassy areas and canals can be created eliminating the grass and fertilizer going into the canals. Additionally, aerators have been placed in several canals to cut maintenance costs down. Vice Mayor Flansbaum- Talabisco asked if temporary maintenance people would be brought on to man the rented machinery and Public Works Director Strain said that is part of the FY06 budget. August 22, 2005 City Commission Workshop Page 3 of 13 However, he was not able to get a price for the rental at this time; the company Tamarac deals with is in the process of trying to build more harvesters, and if this is accomplished, Tamarac is at the top of the list for next season. Commissioner Partner questioned the advantage to purchasing a harvester and hiring part-time help for the summer season, and asked about the cost of a harvester. Public Works Director Strain said it is not an efficient use of funds to have equipment sitting idle for 6 months out of the year, and the cost of a harvester is about $200,000. Vice Mayor Flansbaum- Talabisco asked when the education program would start and Public Works Director Strain said he is looking into it now; the county has a program and he is trying to arrange a presentation at the Tamarac Community Center to which homeowner associations and/or presidents will be invited. There was discussion about inviting the maintenance companies to attend the presentations and Public Works Director Strain said the city can only talk to homeowner associations; the city can not make vendors come for education, but notice will be given, and homeowner associations will be asked to invite representatives of the maintenance companies to attend. e. Item No. 10. AMENDING CHAPTER 13 OF THE TAMARAC CODE - MISCELLANEOUS OFFENSES: (T02093) Motion to adopt Ordinance on first reading amending the City of Tamarac Code of Ordinances by specifically amending Chapter 13, entitled, "Miscellaneous offenses," to create section 13-20, entitled "Sex offender residency prohibition;" providing for findings and intent; enacting section 13-21 entitled "Definitions;" enacting section 13-22, entitled "Sexual offender and sexual predator residence prohibition; penalties; exceptions," providing for a prohibition for sexual offenders and sexual predators convicted of crimes under certain Florida statutes from living within 2500 feet of specified locations within the City of Tamarac; enacting section 13-23, entitled "Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties," prohibiting owners of real property from renting or leasing any place, structure, or part thereof, trailer or other conveyance located within 2500 feet of specified locations within the City of Tamarac to sexual offenders and sexual predators convicted of crimes under certain Florida statutes; providing for codification. Interim City Attorney Goren gave a presentation and said several issues discussed during the July workshop meeting have been addressed in the draft ordinance. The ordinance mirrors ordinances is sister cities (Coral Springs, Pembroke Pines, North Lauderdale, Wilton Manors, and Davie.) Interim City Attorney Goren spoke of a federal court case from Iowa that defined the types of people whose rights, under the constitution, have been restricted; the ordinance addresses the health, safety and welfare of the residents. There is a July 1 grandfather date in the ordinance which Interim City Attorney Goren urged the Mayor and City Commission to change to either August 1 or September 1. Interim City Attorney Goren also informed the Mayor and City Commission that not only does the ordinance embrace the residences of sexual offenders and sexual predators, but it also embraces the landlord of the property, and the owner's obligation to inquire with regard to whether a person wishing to rent is a sexual offender or sexual predator. The state registry is a readily available document to assist in this research. Mayor Schreiber questioned how one would determine if a future tenant was a sexual offender or sexual predator and Interim City Attorney Goren said the landlord could call BSO or check on line. Mayor Schreiber questioned how the August 22, 2005 City Commission Workshop Page 4 of 13 property owners would be made aware of this ordinance and Interim City Attorney Goren said any ordinance adopted by the city requires public notice and a public hearing. Mayor Schreiber asked if this ordinance would create the possibility of a lawsuit against the city, and Interim City Attorney Goren replied the city is able to be sued for this or any matter; it is unknown whether we will be sued due to the ordinance. Vice Mayor Flansbaum-Talabisco confirmed it would behoove property owners to check everybody to whom they would potentially rent, and asked how one would find out if a sexual offender or sexual predator who may be the son or daughter of a family renting an apartment or house, is living at that location, and Interim City Attorney Goren said they would be required to register their whereabouts with the registry, which is readily accessible and updated. Vice Mayor Flansbaum-Talabisco said the public needs to be educated as much as possible. Commissioner Roberts questioned page 4 of the Temporary Ordinance, regarding temporary residences, and Interim City Attorney Goren said they would be hotel rooms. Commissioner Roberts asked the effect of the ordinance in a situation where a sexual offender or sexual predator, who is the child of a family living here, may come to visit and stay in the parent's house, and Interim City Attorney Goren said the sexual offender or sexual predator has an unequivocal obligation to notify the state of their whereabouts at all times. Commissioner Roberts asked about a scenario where a sexual offender or sexual predator may live in Broward County, but due to work being done on their house must stay in a parent's house; BSO Chief Dugger explained they must notify the registry within 24 hours of a change of address. Commissioner Roberts asked if this ordinance would cause problems whereby the sexual offender or sexual predator would not be able to visit with their parents. Interim City Attorney Goren responded this ordinance follows and tracks other ordinances; the research is supportable; it is our best effort to protect everyone else's rights as well. Commissioner Sultanof said these people must be able to reside somewhere; but what if they want to go to a Publix Supermarket, how would this be maintained? BSO Chief Dugger explained the ordinance applies to where they live in Tamarac; the court sets restrictions on where they can and can not go. BSO spot checks offenders to make sure they are not in violation of the court orders. Commissioner Sultanof said while he understands the ordinance, he feels it is nebulous. BSO Chief Dugger said 100% monitoring of sexual offenders and sexual predators is not possible but if BSO becomes aware of a situation, they keep a watchful eye on it. Commissioner Partner said while he has no affection for sexual offenders or sexual predators, he is concerned about encroachment of peoples' rights throughout the country, state and city, and this is discrimination against a certain sect of people. Interim City Attorney Goren spoke of an Eighth Circuit Appellate Court Decision of an Iowa statute, that considered the impact of sexual offenders and sexual predators in society; criminal justice testimony at the trial court level found in favor of sexual offenders and sexual predators; the appellate court took a different approach and said the rights of those who violated the rights of others in a particular, heinous way is criminal and there is a proclivity for a repeat violation, and they have subjugated their rights. Interim City Attorney Goren said that case may, some day, go to the Supreme Court. In today's environment, this is the best we have under federal case law. Commissioner Partner said this ordinance relates to crimes against those 16 years and under and questioned what happens regarding crimes committed against those who are August 22, 2005 City Commission Workshop Page 5 of 13 older than 16. Interim City Attorney Goren said that is regulated by state statute. Commissioner Portner confirmed there are no sexual predators in Tamarac and BSO Chief Dugger said there are not but there are 24 sexual offenders in Tamarac. Commissioner Portner asked for an explanation regarding the difference between sexual offender and sexual predator and BSO Chief Dugger said a sexual predator may have committed more than one serious crime on a person under 16 years of age. Interim City Attorney Goren said when this ordinance comes before the commission on Wednesday it will be important for the commission to consider the grandfather date and have Chief Dugger testify again on the record, which will protect the Mayor and City Commission from a third party challenge. Staff and BSO Chief Dugger worked diligently on research and the issues are well supported. Mayor Schreiber called a recess at 10:45 a.m. and reconvened the workshop meeting at 11:00 a.m. with all present as before. Commissioner Roberts questioned Item 6(h) on the consent agenda. FY05 BUDGET AMENDMENT: (TR10771) Amending the expenditure budget for the Fiscal Year 2005; amending the budget of estimated revenues for the Fiscal Year 2005. Finance Director Chapman explained the increase to revenues and expenditures and Management and Budget Officer Sammartino added that new money coming in must be recognized. Commissioner Roberts confirmed this is a housekeeping issue as far as grant monies, but questioned new appropriations of $188,000 to the general fund for unforeseen events. Management and Budget Officer Sammartino explained there has to be a balance between incoming funds and disbursements. Mayor Schreiber questioned Item 8 on the agenda. AMENDING CHAPTER 2 OF THE TAMARAC CODE — FINANCE DEPARTMENT: (T02089) Motion to adopt Ordinance on first reading amending Chapter 2, Administration, Article IV., Departments, Division 1., Generally, Section 2-235(2), establishment of certain departments and offices of the Tamarac City Code, changing Finance Department to Financial Services Department; providing for codification. Finance Director Chapman explained the Finance Department provides more than accounting functions and the new title reflects everything the department is doing. Commissioner Roberts questioned the cost factor due to the possibility of changing letterhead, business cards and forms. Finance Director Chapman explained headings are kept electronically and the cost to change business cards will be minimal. Commissioner Roberts said the average person will most likely not know the difference between Financial Services and Finance Department, Mayor Schreiber said the name change would probably make the employees happier and they will be more productive. Finance Director Chapman said this is the current trend. 1 August 22, 2005 City Commission Workshop Page 6 of 13 Mayor Schreiber moved out of the order of business on the workshop agenda to take up Item #3, as Problem Solvers from Channel 10 were in the audience to record and film the discussion. 3. DISCUSSION — SIDEWALK MAINTENANCE: Public Works Director Strain and Building Official Jones appeared. Public Works Director Strain reviewed the various options outlined in the staff memo. Commissioner Roberts said option C does not help the rest of the city; option A is for less than $200 per citation, but some homeowners may have more citations. Public Works Director Strain said it is a calculation of an average citation with two flags. Commissioner Roberts said option B, charging homeowners for repairs plus $75.00 for the special magistrate does not help the homeowners. Building Official Jones explained the idea behind option B was to eliminate the punitive burden of an ongoing fine and facilitate repairs. Commissioner Roberts said option D is the option she proposed, and asked why the $260,000 resource recovery funds could not be set up as a fund for sidewalk repairs, since that money has not been allocated. Mayor Schreiber said this would have to be an ongoing program with funding set for every year. Commissioner Portner said it is evident that the commission will express interest for option D, and he wants to make sure District 1 is covered also for repairs by the city at no cost to the residents. Commissioner Portner agreed with using the $260,000 from the resource recovery board, with a budget of $50,000 each year to repair sidewalks. Public Works Director Strain said at this time he does not have a citywide detailed survey of all sidewalks. Public Works Director Strain spoke of hiring a contractor to fix the sidewalks in a timely manner; additionally trip hazards will be temporarily taken care of by the city. As the $50,000 runs out, a list would be kept to be worked on during the ensuing fiscal year. The purpose is to mitigate the impact and not do a lot of work one year and nothing for subsequent years. Commissioner Portner said regardless of whether the city fixes the sidewalks or the residents fix the sidewalks we are inherently responsible for liability, but by going with option D the city would become totally responsible. Interim City Attorney Goren said there is a potential for slip and fall; cities are always able to be sued. Mayor Schreiber said if sidewalks are in need of repair and the line item runs out of money and the repair must wait until the ensuing year, there is exposure to liability. Sidewalks must be repaired when noticed and can not be put off for other years. Public Works Director Strain explained trip hazards will be eliminated. Interim City Attorney Goren explained the swale and sidewalk are for accommodation of the abutting property owner; residents are obligated to maintain them. If Tamarac embarks on a program to repair and maintain sidewalks, it must be done correctly. There will be an ongoing obligation to perform maintenance and the code must be changed; if not the abutting owner will still be liable. Commissioner Sultanof said the swale and sidewalk is for the benefit of the land owner, not the city. Homeowners carry liability insurance on their homes. Commissioner Sultanof suggested the city pay a portion of the repair (e.g. $300.00) with the rest to be paid by the homeowner, which could be paid in monthly installments. Commissioner Sultanof suggested distributing coupons to homeowners for such repairs. Commissioner Sultanof questioned the responsibility for repair of a sidewalk that crosses a private driveway. Commissioner Sultanof said he agreed with the moratorium August 22, 2005 City Commission Workshop Page 7 of 13 and wiping the slate clean, as Tamarac is a city with a heart, and then starting from scratch. Public Works could hire a contractor to decide which repairs need to be completed first. It is the city's responsibility to maintain a proper financial base. Mayor Schreiber said the residents' taxes pay for the operation of the city and the city should fix that which belongs to us. Public Works, rather than a contractor, can make the necessary repairs which will lower the cost. Mayor Schreiber said the only problem he foresees is those people who already paid to repair their sidewalks in Heathgate/Sunflower, and he does not want to make reimbursements to them. Vice Mayor Flansbaum-Talabisco said she would like to hear more about liability to the city if the commission approves what Mayor Schreiber has suggested, as well as what would need to be done. Interim City Attorney Goren said if the city wants to embark on the mayor's proposal, public works must assess what needs to be fixed and maintained. Once the process begins, assuming liability by ordinance, there is potential exposure for slip and fall and there is more compromise to the integrity of our defense. Commissioner Roberts said while she understands what Interim City Attorney Goren says, if Coconut Creek, Coral Springs, Lauderdale Lakes, Margate and Davie are willing to fix their sidewalks and Tamarac is the city with a heart, then we need to take the responsibility for the public's safety. Commissioner Portner said he is in favor of option D. Vice Mayor Flansbaum-Talabisco said it is the commission's job to examine items that come before it for as long as it may take to make sure we are covering every inch of ground to the best of our ability. The commission has a fiscal responsibility to the residents. Vice Mayor Flansbaum-Talabisco questioned the other districts in the city and Public Works Director Strain said it varied. For example, in District 3 most sidewalks are on private property. It also depends on when the neighborhood was built. Some sidewalks are older than others. Public Works Director Strain said he does not have a survey of the entire city; if he is given guidance to take over the responsibility of repair he will have to prepare a survey of sidewalks in the city. Vice Mayor Flansbaum- Talabisco said rather than using the money from the resource recovery board, perhaps there are other places from which we can come up with funding. Mayor Schreiber said the current issue is sidewalks and the commission has to make a decision whether to take over the repair and maintenance. Commissioner Roberts added there is also the $188,000 noted in Item 6(h) for unexpected events. Vice Mayor Flansbaum-Talabisco said why not use that money and leave the $260,000 for something else. Commissioner Sultanof confirmed that not all streets in District 3 are private streets. Commissioner Sultanof said the $260,000 from the resource recovery board is a windfall for the city. If there is a consensus to take over the repair and maintenance of sidewalks in the city he will go along with it even though he has strong misgivings. Vice Mayor Flansbaum-Talabisco asked for a best guess of what the cost would be to residents. Public Works Director Strain said based on present citations probably an average of less than $200 per house. Vice Mayor Flansbaum-Talabisco asked how many citations were given in District 4 and Commissioner Roberts said about 200. Building Official Jones said at this time there are about 180 citations not in compliance. Commissioner Roberts said she told residents who had already signed with a contractor that there is nothing to be done to reimburse them, but she advised they talk to the company and find out if they could hold off on the work. Deputy City Manager Cernech asked for clarification on the commission's decision regarding use of funds and asked August 22, 2005 City Commission Workshop Page 8 of 13 for an expression of interest if the commission wanted the city to take over responsibility for sidewalks; public works will need an ordinance amendment in order to do that. As the law now stands it is the public's responsibility. Deputy City Manager Cernech said the 2006 budget could be modified were the commission to move forward with this program which would reflect this proposal, instead of the one time resource recovery money or excess monies for repairs. Mayor Schreiber said the city should make repairs via the public works department, which would be the most cost efficient, expedient, and fiscally effective way to do it. Deputy City Manager Cernech responded there is a need to identify an ongoing source of funds. The commission has at their disposal $240,000 in ad valorem revenue that is above and beyond what is budgeted for FY06. Additionally, he believes the Finance department can find an ongoing source of revenue for this program. Mayor Schreiber added people are paying taxes to keep this city functioning, and he is sure there are sufficient funds in this and next year's budget to accommodate this program. Commissioner Sultanof asked for a time element and cost factor and added when the program starts it will take staff away from their normal duties, thereby affecting production. Public Works Director Strain said there is not enough information at this time to confirm whether production will be affected; the city has been issuing citations in certain areas, and there is a need to survey the entire city. After that answers can be given to budgetary questions and work load. Commissioner Sultanof said he wanted to see results of the survey. Vice Mayor Flansbaum-Talabisco asked how soon this could be done, and Public Works Director Strain responded it will take some time. Commissioner Roberts added Public Works has done sidewalk repairs in the past where damage was caused by the city, so staff already has experience in this area. Public Works Director Strain replied that is true, but at this time he has no idea of the scope of work out there. Mayor Schreiber said the commission knows the problem exists in the Heathgate/Sunflower community, and we should address that problem and then move on from there, but cautioned Public Works Director Strain that when those sidewalks are fixed he must then take on the responsibility for the rest of the city also. Interim City Attorney Goren agreed once the responsibility is taken on the city can not isolate one section from the others; there must be equal appropriation. Commissioner Roberts clarified that if the code is amended to reflect repair of sidewalks by the city, it will still be the homeowner's responsibility to keep the sidewalks clean. Mayor Schreiber asked for expression of interest. Mayor Schreiber, and Commissioners Roberts and Portner selected option D. Commissioner Sultanof said he would go with the consensus. Vice Mayor Flansbaum-Talabisco reserved her opinion for Wednesday's meeting. City Manager Miller said it was not planned to have this on the agenda for Wednesday; however, if there are residents in the audience, the commission can announce its intent. Commissioner Roberts said many residents from Heathgate/Sunflower asked to have this placed on the agenda for the next evening meeting. Commissioner Roberts questioned the effect on those who are currently cited for sidewalks and City Manager Miller said the citations have been suspended. Building Official Jones explained all property owners who received a courtesy or notice of violation, have already received correspondence from the department that these have been suspended, and hearings have been postponed. Those already found in violation have been suspended until the commission discusses the matter and a decision is made. August 22, 2005 City Commission Workshop Page 9 of 13 Mayor Schreiber returned to item No. 2 on the workshop agenda. 2. CONTINUED DISCUSSION REGARDING ACQUISITION OF FEDERAL LOBBYIST SERVICES: Deputy City Manager Cernech said at the last workshop meeting representatives from the Russ Reid Company made a presentation to the commission about the benefits of a federal lobbyist team in Washington, D. C. The Mayor and City Commission did not indicate any direction for staff to pursue the services of federal lobbyists, nor was there additional discussion on the topic or to put the Russ Reid Company to work for City of Tamarac. Deputy City Manager Cernech said he researched the issue and tried to find unbiased information from different lobbying firms to give the Mayor and City Commission a better feel for what federal lobbyists do. Deputy City Manager Cernech said he relied on the Center for Public Integrity, a watchdog group to gather the information, and he reviewed five companies, large to small, whose focus is most adaptable to Tamarac: Interpublic Group, Ferguson Group, Sagamore Group, Russ Reid Company, and Alcalde and Fay. Deputy City Manager Cernech discussed issues relevant for consideration before deciding on any group. Deputy City Manager Cernech said there is money available at the federal level. Staff liked the Russ Reid Company and their focus is aligned with our needs. Their retainer is significant and that is a lot to consider; staff now looks to the Mayor and City Commission for direction on whether to move forward to obtain the services of a federal lobbyist. Mayor Schreiber identified three cities in Broward County, Plantation, Pembroke Pines, and Lauderhill, who use the services of a federal lobbyist, and questioned their experience and the cost. Mayor Schreiber said the Russ Reid Company quoted $10,000 per month for two years for a total of $240,000 with no guarantee. He checked with the cities noted above and was told $10,000 per month is a lot of money. If we realize grant money that would be okay, but we should know what our exposure will be. Deputy City Manager Cernech said he spoke with Plantation, Pembroke Pines and Lauderhill and each city expressed a certain satisfaction with the lobbying efforts of Alcalde and Fay; they each pay $5,000 a month for lobbying services. Some cities have been with the firm for four to five years. Lauderhill has yet to receive funding and they are in the second year of the contract. It took three years to fund Plantation but they received $2 million. Pembroke Pines received a good deal of money, a large amount in transportation funds for the 1-75 interchange; they believe they may have been successful without the lobbyist's help, due to the fact that the interchange was a necessity. The Russ Reid Company is proud that their clients received funding in the first year of their contracts. Mayor Schreiber said his understanding was that it could take up to two years to receive funding. Deputy City Manager Cernech continued adding that the Ferguson Group lobbies for Broward County. Vice Mayor Flansbaum-Talabisco left the room at 12:10 p.m. and returned at 12:13 p.m. The Russ Reid Company does not have a lot of clients in Florida; their client list is an interesting mix of cities and counties, but primarily consists of 501(c)(3) organizations. Other groups do not focus on charitable organizations. Tamarac is looking for a lobbyist August 22, 2005 City Commission Workshop Page 10 of 13 1 that meshes with our needs. Additionally, the Russ Reid Company stresses exclusivity, and before taking on another client in the state, will seek Tamarac's permission. Alcalde and Fay represent several cities in the immediate area and the state, and there is competition for the available funding. Mayor Schreiber said a major concern is the cost; there are lobbyists who will work for half of what the Russ Reid Company charges, but if they could guarantee funding in one year, he would gladly pay the $10,000 per month. Commissioner Roberts asked Deputy City Manager Cernech if he personally talked to the other firms and Deputy City Manager Cernech said he spoke with representatives of Interpublic and Sagamore. Commissioner Roberts said she wanted staff to talk to all the firms. Vice Mayor Flansbaum-Talabisco said she would like to eliminate Interpublic because of the size of the firm, but would like to see Ferguson, Sagamore and Alcalde, and asked if those three firms could be brought in to interview. City Manager Miller said he would contact the firms and tell them what we are looking for and invite them to meet with the commission. Vice Mayor Flansbaum-Talabisco questioned the window of opportunity to get in sync with the federal process and asked how quickly we can manage the interviews. Deputy City Manager Cernech replied very quickly, and if we are going to be successful in the next year we must move forward. Commissioner Sultanof said for the county lobbyist the city interviewed eight prospects; for the city attorney we had series of attorneys here. Commissioner Sultanof said he was impressed with the Russ Reid Company but it would be less than correct if we did not look at several others. Vice Mayor Flansbaum-Talabisco said she did some research during the month the commission was gone and she checked three references of the Russ Reid Company. The references came back great, but she does not think the firm would give us the names of bad references. Neighboring cities also thought highly of their lobbyists and we need to make our own determination and see several firms that are best suited to our city. Commissioner Roberts agreed with Vice Mayor Flansbaum-Talabisco. All were in agreement. City Manager Miller said he would check with the firms for their ability to come before the commission. Mayor Schreiber called for a recess at 12:20 p.m, and reconvened the meeting at 12:30 p.m. with all present as before. 4. DISCUSSION — RESCHEDULE REGULAR CITY COMMISSION MEETING FROM 7:00 P.M. OCTOBER 12 2005 TO 7:00 P.M. OCTOBER 11 2005 AND CANCEL DECEMBER 26, 2005 WORKSHOP MEETING AND DECEMBER 28, 2005 REGULAR MEETING DUE TO HOLIDAYS: City Clerk Swenson appeared. All were in agreement to move the October meeting and cancel the second workshop and regular meeting in December. 5. DISCUSSION — VACANCY ON INVESTMENT ADVISORY COMMITTEE: Mayor Schreiber said solicitations were made for the investment advisory committee and Mr. Richman was appointed; Mr. Richman then moved out of Tamarac and that created a vacancy on the committee. Mayor Schreiber recommended selecting Leo Platz, the former chair of the committee to fill Mr. Richman's position. Commissioner Roberts said this is not about Mr. Platz, as she voted for him, and asked City Clerk Swenson why she made the recommendation to wait until June to fill the vacancy. City Clerk Swenson August 22, 2005 City Commission Workshop Page 11 of 13 explained her suggestion was made at the time a draft ordinance was proposed for quarterly meetings rather than monthly meetings of the committee. The agenda item, however, has been changed to recommend bi-monthly meetings; said change was made after City Clerk Swenson's recommendation to the Mayor and City Commission. Vice Mayor Flansbaum-Talabisco said vacancies have not been filled immediately since she has been on the commission, and the committee still has a quorum. Commissioner Sultanof said as long as there is a quorum there is no reason to fill the vacancy until the proper time, which is the same for every committee. Mayor Schreiber asked for an expression of interest, and Commissioner Roberts and Mayor Schreiber agreed to place Mr. Platz on the committee. Commissioner Portner, Vice Mayor Flansbaum-Talabisco and Commissioner Sultanof said they would prefer to wait until June. 6. DISCUSSION — AUTHORIZE CITY MANAGER TO NEGOTIATE PURCHASE VACANTOF ONE (1) ACRE PLUS PARCEL OF LAND: Discussion regarding authorizing the City Manager to negotiate the purchase of a one (1) acre plus vacant parcel of land generally located at the N.E. corner of N.W. 57th Street and 91$t Avenue, and bring a proposed contract for purchase back to the City Commission for review and possible action. City Manager Miller said this property fits in with the city's planning and developing of Main Street. It is possible to purchase this key property along Main Street at a corner intersection, for $500,000; the property is almost one acre. This would allow for city control of the parcel of land and for development. It is foreseen that the city may not hold onto the property; we could either enter into a public/private arrangement with a developer or sell the property with stipulations. It is a good opportunity for the city. City Manager Miller said if the commission approves, he will bring the details back for their consideration. Mayor Schreiber asked for an expression of interest. Commissioner Roberts said yes, and questioned if the city does not enter into a public/private partnership and sells to a developer, with escalating land prices the city might make a profit on land. Interim City Attorney Goren responded if the acquisition is intended for economic development use or another public purpose, it is permitted by state law. If it is excess land the city would need two appraisals in keeping with the statutes. All were in agreement to pursue the purchase. 7. PRESENTATION OF BUSINESS PROCESS IMPROVEMENTS: Finance Director Steven Chapman gave a presentation on business process improvements for all divisions of the Finance Department. Interim City Attorney Goren left the meeting and Interim Assistant City Attorney Klahr arrived at 12:40. Commissioner Sultanof asked for a consensus to nominate City Manager Miller as City Manager of the Year under the Florida League of Cities. All were in agreement. Commissioner Portner questioned the use of eminent domain for the Monterey Golf Course, due to the fact that it is becoming a blighted area. Deputy City Manager Cernech said they are going through the code compliance process; they have a certain amount of time to comply and if they do not the city will begin abatement procedures. August 22, 2005 City Commission Workshop Page 12 of 13 1 Building Official Jones said the golf course has been cited for code violations. They were given 10 days' notice, and a notice of violation was issued. The hearing will not be scheduled until September. Vice Mayor Flansbaum-Talabisco questioned the violations and Building Official Jones said overgrowth. Mayor Schreiber asked who owns the property and Commissioner Portner responded Mr. Vitale. Mayor Schreiber suggested we see what code enforcement can do, and Commissioner Roberts said the grass could be much higher by time it gets to code board. Building Official Jones said if the condition represents a public nuisance, then the abatement process begins. Interim Assistant City Attorney Klahr said she needs to speak with staff regarding whether this has met the level of public nuisance. There is a statutory definition of blight which is different than a nuisance. This has to be explored on parallel paths. Commissioner Portner asked Interim Assistant City Attorney Klahr to look into it and report back to the Mayor and City Commission. There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the workshop meeting at 12:50 p.m. Marion Swenson, CMC City Clerk August 22, 2005 City Commission Workshop Page 13 of 13