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HomeMy WebLinkAbout2008-10-06 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, OCTOBER 06, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, October 06, 2008, 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 Patricia Atkins -Grad, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Julie Klahr, Deputy City Manager Michael C. Cemech, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. OCTOBER 07, AGENDA ITEMS: a. Item No. 6(h) on the consent agenda. MITCHELL CEASAR — RENEWAL OF LOBBYING SERVICES AGREEMENT: (TR11489) Executing Amendment #7 to the agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying services extending the agreement for an additional one (1) year period at a cost of $50,000. Lobbyist Mitchell Ceasar and Assistant City Manager Phillips appeared. Assistant City Manager Phillips gave a presentation. Mr. Ceasar spoke of the past year's activities and said he brought the City over $400,000 which does not include the $750,000 discussed by the MPO, for which the City of Tamarac is well positioned. Mr. Ceasar spoke of a Bill under consideration by the County regarding security cameras in public facilities, and available funding from the County for open space programs. Vice Mayor Sultanof complimented Mr. Ceasar on his work for the City. Commissioner Atkins -Grad said Mr. Ceasar is always available and has done a good job for Tamarac. Commissioner Portner asked what the $750,000 from the MPO will be used for and Assistant City Manager Phillips spoke of bikeways. Mayor Flansbaum-Talabisco said she supports Mr. Ceasar's request and he has done a good job for Tamarac being our eyes and ears at the County level. Mayor Flansbaum-Talabisco said these are difficult times, and everything is being put on the table for review, and will continue to be for the future. It is possible that rather than one contract in the future, we will look at things issue by issue. Commissioner Dressler agreed, and asked that individual participation in successful grants be brought to the Mayor and City Commission's attention in briefing sessions. City Manager Miller responded working toward grants is a team effort and he is not sure he will be able to provide that level of information all the time. Mayor Flansbaum-Talabisco suggested perhaps an overview, issue by issue. Vice Mayor Sultanof suggested a call to Assistant City Manager Phillips would suffice. Assistant City Manager Phillips spoke about resolutions that come before the Mayor and City Commission and at that time the Mayor and City Commission can be briefed regarding who put the package together. October 06, 2008 City Commission Workshop Page 1 of 6 b. Item No. 6(k) on the consent agenda. REQUEST FOR IN -KIND SUPPORT AND WAIVER OF ALL FEES —TASTE OF TAMARAC EVENT: (TR11484) 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 25, 2008, from 11:30 a.m. to 3:30 p.m.; authorizing the appropriate city officials to permit the Tamarac Chamber of Commerce and/or designee to serve alcoholic beverages at the Taste of Tamarac event; providing for permits, proper insurance and execution of hold harmless agreement. Director of Parks and Recreation Warner and Cindy Watts, Family Central, Board of Directors of the Chamber of Commerce appeared. Director of Parks and Recreation Warner gave a presentation. Vice Mayor Sultanof confirmed the money collected would go to the Chamber of Commerce. Commissioner Dressler asked if alcohol has been served in the past and questioned liability issues. Director of Parks and Recreation Warner said this is the first year wine tasting will be offered at the event. Assistant City Attorney Klahr said the only way wine can be served is if a restaurant has an alcoholic beverage license; the City's occupational license division is verifying the restaurants are able to serve the wine, and the restaurants will be responsible. There is a hold harmless clause in the agreement. Commissioner Atkins -Grad said the entry fee is very affordable and she is happy to see there will be an antiques show, also. Commissioner Portner said the City has supported the Chamber of Commerce for as long as he can remember, and questioned whether alcoholic beverages will be sold at the Taste of Tamarac. Director of Parks and Recreation Warner responded there will be no sale of alcoholic beverages. C. Item No. 6(g) on the consent agenda. BSO MEDICAL SUPPLIES: (TR11469) Purchasing medical supplies and firefighting supplies from Broward County Sheriffs Office, Fire Rescue Division Logistics Warehouse during FY09, in an amount not to exceed One Hundred Thirty Thousand ($130,000.00) Dollars; authorizing the appropriate City officials to execute a liability waiver for the purchases. Fire Chief Budzinski, EMS Division Chief Sheridan, and Purchasing/Contracts Manager Glatz appeared. Fire Chief Budzinski gave a presentation. Vice Mayor Sultanof questioned the liability waiver and Assistant City Attorney Klahr explained the City and BSO are waiving liability as they are not the manufacturers of the product. Commissioner Dressler said the cost increase breakdown gives people a better feel for the increase and costs. EMS Division Chief Sheridan responded to Commissioner Portner's question about what the new technology is and how it works, and there was a discussion about oxygen, carbon monoxide and carbon dioxide. Commissioner Dressler asked how people know about the innovations being used by the City, and City Manager Miller spoke of homeowner association meetings where information is disseminated, as well as trade magazines and releases. Fire Chief Budzinski spoke of his contact with hospitals regarding new technology and the fact that some of the technology is being evaluated in the field by the EMS. Commissioner Atkins -Grad added many times people have been completely stabilized by EMS by the time they get to the hospital. Commissioner Atkins -Grad asked if Tamarac is more advanced than other cities and Fire Chief Budzinski spoke of the medical director's encouragement for Tamarac Fire Rescue and the opportunities availed our Fire Rescue service. October 06, 2008 City Commission Workshop Page 2 of 6 Commissioner Atkins -Grad said health and safety of our constituents is very important. Commissioner Portner asked if any of our Paramedics have gone on to medical school and EMS Division Chief Sheridan said several have become registered nurses and one or two in the field have gone on to medical school. There was discussion about the changing demographics in Tamarac and the fact that previously the Paramedics dealt mostly with chronic cases for the elderly, wherein now they are dealing with a variety of cases for all ages. City Manager Miller reported the Fire Department has doubled the number of hours spent on training and complimented Fire Chief Budzinski, EMS Division Chief Sheridan and Division Chief Low for their encouragement in this area. d. Item No. 6(c) on the consent agenda. SECOND RENEWAL OPTION OF AGREEMENTS TO "FURNISH DELIVER AND DISCHARGE OF UICKLIME": (TR11471) Exercising the second renewal option of agreements to "Furnish, Deliver and Discharge of Quicklime" to, and execute agreement amendments with, Chemical Lime Company of Alabama, Inc. for the City of Tamarac and on behalf of fifteen members of the Southeast Florida Governmental Purchasing Cooperative; and with Carmeuse Lime & Stone, Incorporated on behalf of two members of the Southeast Florida Governmental Purchasing Cooperative, for a period of one year with two (2) additional one-year renewal options. Utilities Director Gagnon, Water Plant Superintendent Harvey, and Purchasing/Contracts Manager Glatz appeared. Director of Utilities Gagnon gave a presentation and said this agreement represents a 26% increase in the cost of lime. Purchasing/Contracts Manager Glatz explained we are doing indexing this year, so depending on the cost of some elements, we may see a decrease in the cost of this contract. Commissioner Portner and Vice Mayor Sultanof questioned where the lime and sludge is going. Purchasing/Contracts Manager Glatz said a lot of lime is going to China, and there is also an issue with factories being renovated which slows production. Water Plant Superintendent Harvey addressed the matter of sludge and said DRD is trying to find places to take the sludge since it is no longer being used for roads and landfills. e. Item No. 60) on the consent agenda. PURCHASE OF INTERNET LAPTOP WIRELESS AIR CARDS: (TR11487) Approving an application by the Broward Sheriffs Office for the release of Law Enforcement Trust Funds in the amount of $41,328 to provide for the purchase of aircards for use within the City of Tamarac as provided by Article XII "Fines, Forfeitures; Payment", Section 12.4 of the Agreement between the City of Tamarac and the Broward Sheriffs Office (BSO) effective October 1, 2004; providing for appropriated budget. Financial Services Director Chapman, BSO Chief Duguay, and Purchasing/Contracts Manager Glatz appeared. Financial Services Director Chapman gave a presentation. Vice Mayor Sultanof and Commissioner Dressler confirmed the equipment will keep the deputies in the field, rather than having to come back to the station to turn in their reports. Vice Mayor Sultanof spoke of tickets being issued in District 3 and commended BSO Chief Duguay on the patrols he has placed in the area. f. Item No. 6(i) on the consent agenda. FEE WAIVER EXTENSION OF HOURS OF OPERATION AND SALE OF ALCOHOLIC BEVERAGES — SAINT MALACHY October 06, 2008 City Commission Workshop Page 3 of 6 CATHOLIC CHURCH CARNIVAL: (TR11483) Granting a waiver of fees in the amount of $1,668.90 and extending the hours of operation to 11:00 p.m. on Thursday, November 6, 2008, and to 11:00 p.m. on Friday, November 7, 2008 and Saturday, November 8, 2008, and approving the sale of alcoholic beverages for the Saint Malachy Catholic Church Carnival, located at the northeast corner of NW 61 St Street and University Drive, during the operation of the Saint Malachy Catholic Church annual carnival beginning Thursday, November 6, 2008 and ending Sunday, November 9, 2008 (Case No. 16-MI-08); providing for conditions of approval. Community Development Director Bramley gave a presentation. Mayor Flansbaum-Talabisco confirmed St. Malachy Church brings forth the same request every year, and confirmed there is no adversarial effect to the surrounding neighborhood. g. Item No. 11 on the regular agenda. AMENDING CHAPTER 9, ENTITLED "HEALTH SANITATION AND NUISANCES" ARTICLE iv, ENTITLED "LOCAL HOUSINGASSISTANCE PROGRAM"; AND BY CREATING SECTION 9-13 . (TO2167) Motion to adopt Ordinance on first reading amending Chapter 9 of the Code of Ordinances of the City of Tamarac, Florida, entitled "Health, Sanitation and Nuisances"; specifically amending Article IV by creating Section 9-136, to be entitled "Neighborhood Beautification", providing the City of Tamarac, Florida with additional regulations intended to preserve the character, appearance and property values of neighborhoods; providing for intent and purpose; providing for definitions; providing for repair and maintenance regulations; providing accommodations for non -conforming uses; providing for protection of public health, safety, and welfare; providing for codification. Community Development Director Bramley gave a presentation and said parking was eliminated from this version of the ordinance, but the parking discussion will be brought forward at a later date. Commissioner Portner asked if the parking could be addressed prior to the end of October and Community Development Director Bramley said it would not be possible as it would have to go back to the Planning Board first. Mayor Flansbaum-Talabisco said she had suggested to the City Manager that at a future date when we are ready to discuss the parking issue, the Mayor and City Commission take a bus drive around the City in order to look at what is taking place. h. Item No. 6(d) on the consent agenda. SUPPORTING AN AMENDMENT TO THE FLORIDA _ CONSTITUTION -REQUIRING THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS: (TR11491) Supporting an amendment to the Florida Constitution requiring the Florida legislature to operate under the Florida Sunshine Laws; directing the City Clerk to transmit a copy of this resolution to the Chair of the Commission on Open Government, the Governor of the State of Florida, Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. Mayor Flansbaum-Talabisco and Assistant City Attorney Klahr appeared. Mayor Flansbaum- Talabisco said she would like to discuss Items 6(d)(e) and (f) on the consent agenda together. Commissioner Portner suggested that since Mayor Flansbaum-Talabisco is on the Board of Directors she put forth a resolution on behalf of the municipalities in Broward County that the county and legislature operate under the same rules. Assistant City Attorney Klahr spoke about the need to amend the law if such legislation October 06, 2008 City Commission Workshop Page 4 of 6 were to pass; it would be a constitutional amendment it would have to appear on a ballot. The legislators have said in the past that restricting them with regard to the Sunshine Law would prohibit them from doing business since they are not in session in Tallahassee on a regular basis. i. Item No. 6(e) on the consent agenda. OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S ELECTORATE: (TR11492) Opposing an amendment to the Florida Constitution requiring that every amendment to a City's or County's comprehensive plan be subject to a vote of the respective City's or County's electorate; encouraging public participation in the local government decision -making process; directing the City Clerk to transmit a copy of this resolution to the Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. Mayor Flansbaum-Talabisco and Assistant City Attorney Klahr j. Item No. 6(f) on the consent agenda. URGING THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS: (TR11493) Relating to unfunded state mandates; urging the utilization of any means necessary to require the Florida Legislature to eliminate unfunded state mandates on local governments; urging the Florida League of Cities to consider the sponsorship of an initiative petition, to amend Article VII, Section 18(a) of the Florida Constitution to eliminate the clause allowing for unfunded mandates by a two-thirds majority, and to potentially amend other clauses of said subsection; directing the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, members of the Florida Legislature, the Florida League of Cities, Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. Mayor Flansbaum- Talabisco and Assistant City Attorney Klahr 2. DISCUSSION REGARDING PRESTIGE HOMES PROJECTS: Vice Mayor Sultanof left the room at 11:05 a.m. and returned at 11:10 a.m. Commissioner Portner spoke of affordable housing and the fact that there are restrictions on people who purchase the homes Prestige will build with regard to selling at a profit. Commissioner Portner asked for an alleviation of this condition in the agreement between Prestige, the County and the City. City Manager Miller said the County has an affordable housing policy and several months ago the Mayor and City Commission discussed whether Tamarac would formally adopt the County's policy or set our own. At that time we agreed to be led by the County on this issue. When the Prestige project came forward to the County, it .Was our understanding Prestige worked with the County and City staff and agreed - dp0. the prices at which units would sell. Now Prestige would like to change -that part of the development agreement. City Manager Miller said he just received the information from Prestige and he does not know what the county's number are, but we would put this request through our normal development review process; we will look at it and talk to the County and come back to October 06, 2008 City Commission Workshop Page 5 of 6 the Mayor and City Commission with a proposal and options. City Manager Miller said lately this developer approached various members of the Commission with project details, which does the Mayor and City Commission and staff a disservice. We have a process and rules in place and it serves us well for everyone on the Commission to have the same information. City Manager Miller said he wants to feel free, as the City Manager, to make his best recommendation to the Mayor and City Commission without the Commission having preconceived notions, and he suggests that this developer follow this process. Community Development should be processing this information from the developer to the Mayor and City Commission in a formal session. Commissioner Atkins -Grad said it has been several years since the County came up with these numbers and workforce housing is coming down; it is something the County should make changes to and not put on the backs of the Cities. City Manager Miller said workforce housing is a regional issue and at this time he does not know what the County's position is as he has not had an opportunity to discuss this issue. Commissioner Dressler said he wants to see this project succeed but staff has to do their job to provide data and make recommendations and to allow for proper discussion. If the process is not being adhered to it is not advantageous for the developer. It is important the developer understands the procedures, and Commissioner Dressler said he looks forward to discussion about affordable housing and the covenants. Commissioner Dressler asked when this might come back before the Mayor and City Commission and City Manager Miller said it depends on the amount of research needed. Vice Mayor Sultanof said he would like to hear more about this because Tamarac is among one or two cities in Broward County that has always had affordable housing. Vice Mayor Sultanof said his only interest is what is best for Tamarac. Commissioner Atkins -Grad said it is unimaginable that anyone would not want property values to increase. Mayor Flansbaum-Talabisco expressed frustration in the conversation because there are no facts or figures in front of the Mayor and City Commission and this is a very important item to discuss. At some point Mayor Flansbaum-Talabisco would like to have the discussion with appropriate backup. Commissioner Portner said we have to give developers a reason to build in our City, and asked City Manager Miller to call Mr. Stoner at the County at his earliest convenience, to see what Mr. Stoner's thoughts are with regard to the plan. City Manager Miller said staff will move as expeditiously as possible but there is a process that we have to follow. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 11:35 a.m. Ma�riionn.SwerAson, CMC q-ity Clerk- October 06, 2008 City Commission Workshop Page 6 of 6