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HomeMy WebLinkAbout2007-09-24 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, SEPTEMBER 24, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, September 24, 2007, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, Deputy City Manager Michael C. Cernech, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. 1. OVERVIEW OF 2007 LEGISLATIVE SESSION: Ronald L. Book, Lobbyist gave a presentation and spoke of upcoming legislative sessions, PIP, anticipated $3 billion cuts from the state budget, whether it is appropriate for the state to sell or lease roads, and also spoke of the possibility of the lottery being sold or leased. Mr. Book said leadership in the legislature is expected to run a full-blown campaign, raising $10 - $12 million for the January 29th exemption. Vice Mayor Sultanof asked if the sales tax item is detrimental to cities and said the save our homes option is fair and there is no benefit to the proposed super exemption. Mr. Book spoke of the sales tax pros and cons. Commissioner Atkins -Grad said the realtors are pushing for the super exemption and asked Mr. Book how long he has been working for the City and how much money he has brought to the City, to which Mr. Book replied about five years and he has brought in about $2 million. Commissioner Dressler wondered who is framing the argument to sell or lease roads, and said the legislature has transferred the risk of windstorm and PIP away from the insurance companies, the property tax relief is inefficient at best, and financial risk has been transferred to local governments. Commissioner Dressler added sales tax is a cyclical funding source. The issue is actually how to fix the broken ad valorem tax situation. Mr. Book concurred and said for the future there may be some one time appropriations in the areas of water, parks, police, and at risk kids. Commissioner Portner suggested the lobbyists raise funds to fight the January 29th ballot issue on the super exemption, and said he chairs the committee to discuss private enterprise regarding roads and lottery. Mr. Book said he will assist where directed, and it is incumbent upon the league of cities, county and school board associations to take the lead role in driving the agenda. 2. PRESENTATION REGARDING TOPS TRANSPORTATION OPTIONS: Director of Parks and Recreation Warner, Community Transit Officer Althea Ellis, and Community Transit Manager Andrea Busada appeared. Mayor Flansbaum-Talabisco said during the budget hearings transportation was a big issue and over the past year the TOPS program came up, but not always in a positive way. Mayor Flansbaum- September 24, 2007 City Commission Workshop Page 1 of 5 Talabisco thanked staff for arranging for Ms. Ellis and Ms. Busada to be here this morning. Ms. Busada explained if there is a fixed route system there must also be a transportation service for those with disabilities. There is an application and evaluation process, and there is also an appeals process if a person is deemed ineligible. Free travel training services are offered for the elderly and disabled. This is an unfunded mandate and services are provided as needed. The service makes three thousand trips each day, and they are timely 90% of the time. Ms. Ellis informed the Mayor and City Commission that trips to the nutrition center are free and other trips are $2.00 each way. A grant is prepared annually to fund the program and there are reporting requirements. There are nine providers servicing clients, and they are spread out among the various zip codes. Each manages its own reservations and dispatch. TOPS documents and tracks each complaint. Commissioner Portner left the room at 10:35 a.m. and returned at 10:38 a.m. Mayor Flansbaum-Talabisco questioned the number of Tamarac residents registered for the service and Ms. Ellis said 1,514 as of September 21 st. Vice Mayor Sultanof questioned how pickups are handled when someone has to wait a long time for transportation to arrive and Ms. Busada said there are various methods used, such as additional vehicles, a contract with yellow cab, and there is a riders' guide given to each client with an emergency number to call. Commissioner Atkins -Grad said she had occasion to use the service seven years ago, and she was happy with the service the majority of time. There have been complaints regarding the wait to be picked up after an appointment. Commissioner Dressler said he appreciates what TOPS does and he ranks this with first responders in terms of importance and value to the community. Commissioner Dressler questioned organization by zip code and incentives. Ms. Busada explained the initial assignment is made according to zip code, but the client may switch to another provider if they so choose. Vice Mayor Sultanof left the room at 10:50 a.m. and returned at 10:53 a.m. After three valid complaints are received per 1,000 trips each month a vendor is fined. Mayor Flansbaum-Talabisco said she would like to see several special presentations by TOPS for residents in the near future, at the Tamarac Community Center because people need to be reeducated to understand TOPS is user friendly. Commissioner Atkins -Grad suggested notices be sent to those who contacted the City regarding the transportation service. Mayor Flansbaum-Talabisco asked Director of Parks and Recreation Warner and City Manager Miller to report back to the Mayor and City Commission once this is put into effect, and asked Interim Public Information Officer/Economic Development Officer Berns to get the word out to residents. 3. PRESENTATION_ AND DISCUSSION OF SR 817 (UNIVERSITY DRIVE) FDOT MILLING AND RESURFACING PROJECT: Bill Biggs, P.E., Senior Project Manager, Boyle Engineering Corp. was unable to attend the meeting. Mayor Flansbaum- Talabisco asked that this item be deferred to the next workshop meeting. September 24, 2007 City Commission Workshop Page 2 of 5 4. SEPTEMBER 26 2007 AGENDA ITEMS: a. Item No. 6(e) on the consent agenda. AUTHORIZING THE RENEWAL OF GENERAL LIABILITY AUTOMOBILE LIABILITY AUTOMOBILE PHYSICAL DAMAGE WORKERS' COMPENSATION, AND PROPERTY LINES OF COVERAGE: (TR11286) Authorizing the renewal of General Liability, Automobile Liability, Automobile Physical Damage, Workers' Compensation, and Property lines of coverage with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1, 2007 at a cost of $1,484,552 and payment of any increase resulting from the annual premium audit. Human Resources Director Swanson and Risk/Safety Manager Tomaszewski gave a presentation. City Attorney Goren left the room at 11:00 a.m. and returned at 11:03 a.m. There was discussion regarding medical coverage as it pertains to PIP coverage. Mayor Flansbaum-Talabisco called a recess at 11:05 a.m. and reconvened the workshop meeting at 11:15 a.m. with all present as before. b. Item No. 6(d) on the consent agenda. OPPOSING FLORIDA HOMETOWN DEMOCRACY'S PROPOSED AMENDMENT TO THE FLORIDA CONSTITUTION: (TR11291) Opposing Florida Hometown Democracy's proposed amendment to the Florida Constitution that would force voters to decide all changes to a City or County's comprehensive plan; urging municipalities throughout Broward County and the State of Florida, as well as Florida electors, to oppose Florida Hometown Democracy's proposed amendment to the Florida Constitution. Mayor Flansbaum-Talabisco and City Attorney Goren appeared. Mayor Flansbaum-Talabisco said the misinformation in the public arena makes this sound like a good thing, but in reality, it is not. City Attorney Goren added this has nothing to do with hometown democracy, but more to do with removal of home rule. If this passes, any time a city or county wants to change the comprehensive plan or land use it would require a referendum on that decision. It removes the public officials' right to make these decisions. Mayor Flansbaum-Talabisco said it also takes away and negates the fact of public hearings. It does not take into effect the cost and time involved. Commissioner Dressler spoke of unintended consequences of delaying economic development and the negative effect it will have on the fiscal impact to the city. Commissioner Atkins -Grad added this affects growth and it will affect fire and police, and our comprehensive plan. Deputy City Manager Cernech asked if any other state operates in this manner and what adverse impact this legislation will cause on property rights. City Attorney Goren said no other state does this, and it is unknown at this time what the adverse impact may be. 5. UPDATE ON PUBLIC ART: Community Development Director Bramley gave a presentation and said there will be a community meeting on October 1 at the Tamarac Community Center. On October 2 there will be a presentation to the 6th grade art class at Millennium Middle School. Barney and Worth will then draft the master plan, which she hoped to present to the Mayor and City Commission in January 2008. Vice Mayor September 24, 2007 City Commission Workshop Page 3 of 5 Sultanof spoke of finding philanthropic donations to perpetuate the fund, and Commissioner Dressler agreed and suggested an endowment for the arts. Mayor Flansbaum-Talabisco spoke of an ArtServe event she attended in Ft. Lauderdale, where two local photographers were honored, who happened to be the daughter and son-in-law of a Woodmont couple. A group of people from Tamarac were at the event as well as a number of people serving on the Public Art Committee. Mayor Flansbaum- Talabisco added that Maureen Kohler said there is more participation from Tamarac residents than any other city in the ArtServe shows, and she is hoping to get a corporate sponsor in order to hold more shows here. 6. DISCUSSION RE: DRAFT ORDINANCE — COMMISSION RULES OF PROCEDURE: City Attorney Goren gave a presentation on the draft ordinance and said much of the language comes from the resolution already in place, and the ordinance will take the existing resolution(s) and articulate their implications and more modern changes into one document. Vice Mayor Sultanof spoke of past practices and procedures and said at this time he approves of the random voting style with the Mayor's vote included in the mix. Commissioner Dressler said he understands that things occurring in the past may have a detrimental impact on peoples' perceptions, but this commission has demonstrated the utmost respect for each other over the past 1-1/2 years. Commissioner Dressler spoke of the necessity of bringing this commission in line with Roberts Rules of Order. Commissioner Atkins -Grad said she would like to have copies of the resolution(s) to compare to the ordinance and spoke of items added to the agenda without prior commission knowledge. City Attorney Goren explained the essence of the ordinance relates to state statutes and the state constitution, as it correlates to public meetings, and the right of access by the public. City Attorney Goren walked the Mayor and City Commission through changes in the ordinance that differed from the existing resolution(s). There was discussion regarding filibustering and abstaining from voting. City Manager Miller explained this will allow us to provide rules for the legislative process that are good and appropriate and we will provide good government to the residents and citizens. Additionally the ordinance refers to some staff activities, how we conduct ourselves and put the agenda together. Ultimately, these will be your rules. This is a state of the art ordinance and most governments in South Florida have rules and procedures to guide their activities as well as using Roberts Rules of Order. City Manager Miller said on behalf of staff, he would support this ordinance. Vice Mayor Sultanof said his concern is the flexibility in Roberts Rules of Order. Commissioner Portner asked who placed this on the agenda and who made the recommendations for change. Mayor Flansbaum-Talabisco said it was brought up at a meeting and she asked the City Attorney to look into it. City Attorney Goren responded he took the base resolution(s) and worked with the City Manager, City Clerk, and staff, and benchmarked other information. He did not speak with the Mayor and City Commission to get any information from them. Commissioner Portner said he objected to being structured into a small box; Vice Mayor Sultanof and Commissioner Portner said they did not want to be limited as to the length of time they could speak. Commissioner Dressler said an exception could always be made as to the length of time a commissioner had to speak and added there is an obligation on the part of the commission to the residents to play by the rules. Mayor Flansbaum-Talabisco said the September 24, 2007 City Commission Workshop Page 4 of 5 1 past is the past and she feels she has always treated each of the commissioners with respect and patience; she has no intention of changing her behavior unless something extraordinary occurs. As for voting last, every mayor with the exception of the former mayor voted last, and Mayor Flansbaum-Talabisco said she would like to see that reinstituted as it is part of the role of the office of the Mayor. Mayor Flansbaum- Talabisco asked for an expression of interest to add this item to Wednesday's agenda. Commissioner Dressler, Commissioner Atkins -Grad, and Mayor Flansbaum-Talabisco were in favor of adding the item. 7. DISCUSSION RE: GRANT IN AID OF TAMARAC THEATRE OF PERFORMING ARTS: Deputy City Manager Cernech asked the Mayor and City Commission to add a resolution to Wednesday's meeting, recommending a $5,600 grant from the FY07 budget for the Tamarac Theatre of Performing Arts. Mayor Flansbaum-Talabisco called for an expression of interest to add the item to Wednesday's meeting and all were in agreement. Commissioner Portner asked for a 20% reduction to the proposed agreement for Item 6(g) on the consent agenda, AMENDMENT TO AGREEMENT FOR LOBBYING SERVICES: (TR11290) Executing Amendment #5 to the agreement between the City of Tamarac and Ronald L. Book, P.A., for lobbying services extending the agreement through September 10, 2008 at a cost not to exceed $60,000. The Mayor and City Commission were not in agreement with this suggestion. Vice Mayor Sultanof asked to have added to the next workshop agenda a recommendation to hold quarterly workshop meetings in the evening, beginning at 6:30 or 7:00 p.m. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 1:15 p.m. Marion Swenson, CMC City Clerk September 24, 2007 City Commission Workshop Page 5 of 5