HomeMy WebLinkAbout2004-10-25 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, OCTOBER 25, 2004
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City
Commission to order on Monday, October 25, 2004, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 881h Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward
C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L.
Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Deputy
City Manager Michael C. Cernech, and City Clerk Marion Swenson.
Mayor Schreiber led the pledge of allegiance.
Mayor Schreiber spoke of the good turnout on Friday at the Town Hall meeting and said
the City received great recognition.
1. OCTOBER 27, 2004 AGENDA ITEMS:
a. Item No. 6(g). REQUESTS FOR IN -KIND SUPPORT AND FEE WAIVER FROM
TAMARAC CHAMBER OF COMMERCE: (TR10571) 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, November
13, 2004, from 12:00 p.m. to 4:00 p.m.; providing for proper insurance and hold
harmless agreement. Chamber Representatives Ron Hawthorn and Kelly Avillo,
Chamber Office Administrator, and Parks and Recreation Director Margoles appeared.
Parks and Recreation Director Margoles said in return for the waiver and assistance
from the City, the Chamber would list Tamarac as a title sponsor. Vice Mayor Sultanof
asked if the Chamber is aware of the advertisement University Hospital placed in the
Clipper Magazine, as well as the $1.00 off coupon. Mr. Hawthorn said it is the same ad
the Chamber placed in Hometown, Magazine. Commissioner Portner asked if the
anticipated number of 50 entrants is assured and if the Chamber expects to make
money on the event. Mr. Hawthorn said at this point 30 restaurants are assured and
there are still sponsorships open for businesses to showcase their products; the
Chamber does not plan on making a lot of money; the plan is to do everything this year
for members to make it easy for them to sign up. This is a learning experience and next
year's Taste of Tamarac will be based upon what happens this year. Commissioner
Roberts questioned whether a special exception would be needed to serve or sell
alcoholic beverages, and Mr. Hawthorn said there will be no alcoholic beverages served
or sold this year. Mayor Schreiber said Taste of Tamarac is a good idea and the Mayor
and City Commission wish the Chamber well and hopes it will be a successful event. It
is good to have a functioning chamber.
October 25, 2004
City Commission Workshop
1
b. Item No. 6(f). RENEWAL OF HEALTH INSURANCE COVERAGE — AETNA US
HEALTHCARE: (TR10572) Renewing the coverage for the City's health insurance
program with Aetna US Healthcare for the plan year effective January 1, 2005;
providing for premium rates changes; providing for the continuation of the current cost
allocation of the health insurance premium between the City and employees; providing
for a waiver reimbursement maximum. Human Resources Director Swanson and
Benefits Coordinator Kalins appeared. Benefits Coordinator Kalins said negotiations
began a few months ago, and the renewal rate increase for health insurance was
brought to 6% for HMO and QPOS, and 12% for PPO. The City is pleased with the
rates as these rates are in line with the national average for 2000 and our rates are
lower than the national average for 2005 for the same benefits. Additionally, the
allocation for the employees from the city was kept the same. Mayor Schreiber said
Human Resources did a great job holding the increase from 15% to 6% and it speaks
well of the City's experience. Human Resources Director Swanson said a few years
ago an employee committee was created to look at redesigning our health plan and we
are now seeing the results of their work. Vice Mayor Sultanof asked for an explanation
of `providing for waiver reimbursement maximum' and Human Resources Director
Swanson said if an employee is covered through a spouse there is a waiver program in
place whereby the person is reimbursed if there is a charge to cover them under the
spouse's coverage, up to the maximum that they would pay under our plan.
Commissioner Portner asked why health costs keep going up and if John Kerry is
elected whether his proposed health plan would affect the City of Tamarac. Human
Resources Director Swanson responded there are varying factors attributable to the rise
in health costs, but she does not have a definitive answer to the question, and if John
Kerry were elected president his proposed health plan would probably not have much of
an impact on Tamarac as we have a health plan and our employees are insured,
whereas John Kerry's plan is designed to cover those who do not have health
insurance. Human Resources Director Swanson said she did not know enough about
the plan and how it will affect the industry. Commissioner Portner asked if all the
employees in Tamarac participate in our health plan and Human Resources Director
Swanson said most do.
C. Item No. 6(d). RENEWAL OF DENTAL INSURANCE PROGRAM — AETNA
LIFE INSURANCE COMPANY: (TR10573) Approving the renewal of the City's dental
insurance program with Aetna Life Insurance Company effective January 1, 2005 with a
rate increase of 2.4%; providing for the continuation of the existing cost allocation of the
dental insurance premium between the city and employees. Human Resources Director
Maria Swanson and Benefits Coordinator Kalins appeared. Benefits Coordinator Kalins
said negotiations began a few months ago and the City is pleased with the rate increase
of only 2.4%, which is based upon the City's experience the past year.
d. Item No. 6(h). UPGRADE OF HTE USER INTERFACE — NAVILINE SERIES:
(TR10556) Executing a supplement to the HTE, Inc. Software License and Services
Agreement by and between Sungard HTE, Inc. and the City of Tamarac, for the
acceptance of new annual support and maintenance fees in the amount of $80,860.00,
effective nuns pro tune to October 1, 2004 through September 30, 2005, and
October 25, 2004
City Commission Workshop
2
authorizing the implementation of the HTE Naviline User Interface; authorizing an
expenditure in an amount not to exceed $37,827. IT Director Sucuoglu said we have
been using HTE since 1997, and he discussed the two components of HTE. IT Director
Sucuoglu said HTE developed the new user interface system in 2001, and one of the
benefits is that it eliminates the license fees for each individual user. Additionally the
functions are easier and a user can take information from HTE and import it to their
computer or e-mail the information as necessary. Because of elimination of the license
fees for each user, we will notice a savings to the annual maintenance cost.
Commissioner Roberts asked if the new system is easier for the users and IT Director
Sucuoglu said the essential components of the application are the same; there will be
training but the learning curve will not be significant. Vice Mayor Sultanof asked about
the accuracy and simplicity of the immense numbers of programs available, and IT
Director Sucuoglu responded that before he brought this recommendation to the Mayor
and City Commission there were presentations made to staff to which he received good
feedback.
e. Item No. 6(i). CHANGE ORDER NO. 1 — GRANT'S PLAZA REPUMP STATION
REHABILITATION: (TR10577) Executing Change Order No. 1 to the contract between
the City of Tamarac and Interstate Engineering Corporation, for an amount of
$27,085.31 for the replacement of the 12-inch discharge header under the Grants Plaza
Pump Station's floor; approving funding for this project from the appropriate Utilities
Operational account. Utilities Director Gagnon, Assistant Utilities Director Moore and
Purchasing/Contracts Manager Glatz appeared. Utilities Director Gagnon said this is
the first change order for an increase he has brought to the Mayor and City Commission
in the past several years. Utilities Director Gagnon explained the rehabilitation project
was to replace existing mechanical equipment in the pump station; however, a leak had
formed underground and when the construction began, the leak got worse.
Commissioner Roberts asked how long it will take to fix and Assistant Utilities Director
Moore said about two weeks.
f. Item No. 7. AMENDING CHAPTER 7 OF THE TAMARAC CODE — ADOPTING
FLORIDA FIRE PREVENTION CODE: (TO2047) Motion to adopt Ordinance on first
reading amending Chapter 7 of the City Code entitled, "Fire Prevention and Protection",
Article III, "Standards", Section 7-48, "Fire Prevention Code — Adoption" and Section 7-
50, "Appeals from Decisions of Fire Chief', to remove conflicts with the Florida Fire
Prevention Code; providing for codification.
g. Item No. 8. AMENDING CHAPTER 10 OF THE TAMARAC CODE — DELETING
CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE: (TO2048) Motion to
adopt Ordinance on first reading amending Chapter 10 of the City Code entitled, "Land
Development Regulations", Article IV, "Standards and Criteria", Section 10-128, "Fire
Protection", deleting sections of the City Code in conflict with the Florida Fire Prevention
Code; providing for codification.
h. Item No. 9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — DELETING
CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE: (TO2049) Motion to
October 25, 2004
City Commission Workshop
3
adopt Ordinance on first reading amending Chapter 24 of the City Code entitled,
"Zoning", Article V, "Off -Street Parking and Loading", Section 24-580, "Specifications",
deleting sections of the City Code in conflict with the Florida Fire Prevention Code;
providing for codification. Chief Budzinski said items 1(f), 1(g), and 1(h) on the
workshop agenda are companion items. In 2001, a state fire code was created, and
these three items are housekeeping on the part of the City of Tamarac. Commissioner
Roberts asked if we have been following this fire code for the last three years, and Chief
Budzinski responded we have. City Attorney Kraft said even if the Tamarac Code is not
amended, we are still mandated to follow state code. Vice Mayor Sultanof asked about
the ticketing program for parking in fire lanes, and Chief Budzinski said the ticket books
are being reprinted. Chief Budzinski said the City was able to purchase the new fire
engines through considerable effort by the Mayor and City Commission, and he would
have them available for the Mayor and City Commission to see on Wednesday after the
commission meeting. Mayor Schreiber asked if the engines would be in the Veterans
Day Parade and Chief Budzinski said he is not sure they will be in service at that time
as these engines are significantly different than the ones purchased in 1989-1990 and
there is much training to be done.
2. DISCUSSION REGARDING FORMATION OF ECONOMIC DEVELOPMENT
FOUNDATION: City Attorney Kraft, Assistant City Attorney Steinerts, and Community
Development Director King appeared. City Attorney Kraft said this is a follow-up to the
October 11, 2004 discussion regarding the Economic Development Advisory Committee
forming a 501 organization, and pursuant to commission direction the City Attorney's
Office looked into the matter and prepared a report. Assistant City Attorney Steinerts
reported the commission had asked the City Attorney's office to look at the two options,
[501(c)3 and 501(c)6], and a memorandum was sent to the Mayor and City
Commission; it appears the 501(c)6 is the only real option for the foundation. Vice
Mayor Sultanof asked how much more merit there is to the 501(c)6 and City Attorney
Kraft said that it is the only one possible for this type of organization. Commissioner
Portner asked who is to make the decision as to which type of organization the
Foundation will become and City Attorney Kraft said this was brought before the Mayor
and City Commission to advise them of the Economic Development Advisory
Committee's decision and they will move forward to form this organization. At some
future time the Mayor and City Commission may want to disband the city Economic
Development Advisory Committee. Commissioner Portner asked how this would be
done and City Attorney Kraft said people will eventually resign and there will be no more
appointments; City Manager Miller added another option is to revise the City Code once
the foundation is up and running. City Manager Miller suggested keeping the City
Economic Development Advisory Committee until the foundation is established in case
there is a need to handle something.
3. DISCUSSION RE: THE NATIONAL LEAGUE OF CITIES AMERICAN DREAM
PROGRAM: Commissioner Portner said at the last workshop he brought forward the
idea to hold a meeting for Tamarac, similar to the one held by the Broward League on
October 14th. Commissioner Portner said it would be up to the Mayor and City
Commission who they would like to preside over the meeting, but he wants to have a
October 25, 2004
City Commission Workshop
4
time certain set for the meeting and hold it at the Tamarac Community Center. Mayor
Schreiber stated from what the City Manager said it appears Tamarac is operating in
the same categories as this program. Commissioner Portner said not everybody is
aware of programs that are available through the City and a community meeting will
apprise the public of the programs. Commissioner Roberts agreed the City already
provides many of the programs discussed at the Broward League meeting and added
that Tamarac is very progressive compared to other cities. Commissioner Roberts said
while she is not against a town hall meeting, she would like staff to put together a listing
of all the programs offered to our residents before a meeting is set. Commissioner
Flansbaum-Talabisco agreed with Commissioner Roberts. Vice Mayor Sultanof said he
attended the Broward League meeting along with Commissioner Flansbaum-Talabisco
and while the meeting was advertised only elected officials attended. Vice Mayor
Sultanof said he saw the point of putting together an information sheet, but he feels
after the information is put together we should make an attempt to bring people into the
public forum. Mayor Schreiber said he had no objection to holding a meeting;
additionally, Mayor Schreiber suggested that Public Information should inform the public
of what the City does through the Tam -A -Gram; perhaps the photos should be taken out
of the publication to provide more room to discuss available programs. Commissioner
Flansbaum-Talabisco said the session last week was manned by experts on the panels
discussing the various programs and she does not feel equipped to discuss our
programs; additionally, she is not clear where we are going with this. It would be great
to see it written out. Commissioner Flansbaum-Talabisco questioned the purpose of the
meeting, and said information can be placed in the Tam -A -Gram as a lead article.
Commissioner Flansbaum-Talabisco said she did not see the Commission's role in this,
and Vice Mayor Sultanof responded he did not expect the Mayor and City Commission
to discuss the programs at the meeting, but he wanted experts to be brought in for that
purpose. Vice Mayor Sultanof said representatives from HUD, a large mortgage entity,
the news media and several others were on the panel. Also, the meeting will be aired
on Comcast. City Manager Miller said based on indications from the Mayor and City
Commission this morning, it appears they would like to hold a meeting, and that is not a
problem. City Manager Miller said he will assign staff to each area outlined in
Commissioner Portner's memorandum and organize the information and a meeting. It
will take time because of differing schedules among the Mayor and City Commission,
but the City Manager's office will set up a meeting. Commissioner Roberts said the idea
of bringing in experts is wonderful but she questioned whether the experts will address
our local issues and Vice Mayor Sultanof said the representative from HUD was local,
and Ron Greenstein was an excellent speaker at the Broward League meeting. City
Manager Miller assured the Mayor and City Commission he will be sure to get the news
out in terms of all the programs Tamarac provides in all the areas and will have city staff
on the panels. Vice Mayor Sultanof reminded everyone when several years ago the
Mayor and City Commission and staff went to the home of a first time homebuyer to
welcome the family to Tamarac. Commissioner Portner spoke about transportation to
the Tamarac Community Center and suggested Tamarac make buses available to the
different areas to provide transportation to the Tamarac Community Center and back;
transportation is a big item for the people in the east. Mayor Schreiber asked what the
best time would be for the meeting, and City Manager Miller recommended evening.
October 25, 2004
City Commission Workshop
5
Commissioner Portner read into the record several paragraphs from the October 11,
2004 National League of Cities paper:
"From Anchorage, Alaska, to Broward County, Fla., leaders in America's
cities and towns joined the National League of Cities in calling for a
renewed government partnership to ensure access to the American
dream."
"More than 100 cities held meetings and took action over the last two
weeks in conjunction with the National League of Cities American Dream
campaign. The campaign is calling attention to barriers to achieving the
dream and opportunities for collective government action to make the
dream a reality for more Americans. Participating cities represented more
than 25 million people across the country and ranged in size from 2,000 to
more than two million people."
Commissioner Portner said Tamarac fits into the above category.
4. DISCUSSION RE: BROWARD COUNTY MAYOR'S JEWELS AND JEANS
GALA: Commissioner Partner said this is a very important function and Tamarac took
out an ad for the Jewels and Jeans Gala program book; he received a call from Broward
County Mayor Lieberman asking Tamarac to be a sponsor for the Gala, which
Commissioner Portner brought to City Manager Miller's attention. City Manager Miller
suggested bringing the question to the Mayor and City Commission. Mayor Schreiber
questioned how much the sponsorship would cost and City Manager Miller said $2,500.
Commissioner Flansbaum-Talabisco said she was also contacted and she said she
would have to discuss it with the City Manager as there are budgetary constraints. City
Manager Miller said since it is not a budgeted item the amount is more than he feels
comfortable approving on his own. After discussion, Commissioner Flansbaum-
Talabisco, Commissioner Roberts and Vice Mayor Sultanof agreed that a donation be
made to the Transplant House, as is done with other charitable organizations, said
donation provided for during the midyear budget. Mayor Schreiber asked for an
expression of interest for Tamarac to become a sponsor as requested by Broward
County Mayor Lieberman, and Commissioner Portner said yes; Commissioners Roberts
and Flansbaum-Talabisco, Vice Mayor Sultanof, and Mayor Schreiber said no.
5. DISCUSSION RE: AQUATIC WEED GROWTH IN THE CANALS ON SABAL
PALM GOLF COURSE: Commissioner Portner said this issue has been going on for
several years and the people in District 1 are unhappy with the growth in the canals.
City Attorney Kraft said during the 1970's there was a court order that obligated the City
to clean up the canals/drainage ditches on Sabal Palm Golf Course and in return the
golf course was to grant the city easements. There have been discussions with the
property owners and City Attorney Kraft said at this time he does not recommend going
into court, as we are waiting for a meeting to be set up between the City, the owners
and attorneys for the owners of the golf course in order for them to move forward and
grant the necessary easements. Mayor Schreiber said the property owners are not
October 25, 2004
City Commission Workshop
6
living up to their end of the court order and neighboring communities are affected by
what the golf course is doing. Vice Mayor Sultanof said we have a code that addresses
these things and asked where our authority extends. Deputy City Manager Cernech
explained this has been in dispute for some time; two years ago because they did not
comply with the court order for easements, we stopped maintaining the canals and
ditches. The surrounding neighborhood became very upset so we gave up the quest for
easement for good faith negotiations with the golf course for the easements. Vice
Mayor Sultanof spoke about other businesses being fined for failure to comply with the
code and suggested we do the same with the golf course. Deputy City Manager
Cernech said the Code Compliance Division has cited the property owner and they
were scheduled to go before the Special Master. The golf course attorney was in touch
with the Special Master and the hearing was stayed until negotiations are concluded.
Tamarac's position is we should not be in the business of maintaining the golf course
property for the golf course. Canals that are dedicated to Tamarac are maintained by
Tamarac. There are a series of drainage ditches and canals on the golf course property
that belong to the golf course which we have been maintaining since the 1970's, and for
which we were supposed to have been given easements. We have fulfilled our
obligation for 30 years and they have not. In this instance, however, it is a benefit to the
homeowners along the canals and ditches for us to maintain them. Vice Mayor
Sultanof said this is an uneven balance; we are in compliance and they are not; how
can we force them to do what they are supposed to do? City Attorney Kraft responded
we will try to negotiate before we go to court. We must exhaust all remedies first. Their
attorney is at present talking to the out of town owner and there is some pressure on
them because of code enforcement issues. Going to court at this time may slow down
the process even more. It is hopeful through negotiations we will get to the proper
result quickly. Vice Mayor Sultanof asked how long we have been in negotiations and
Deputy City Manager Cernech said three years. Vice Mayor Sultanof said in the past
we used the tools at our disposal to make businesses comply with the code; we did not
go into court, and we should stop negotiating and start fining the golf course owners.
Vice Mayor Sultanof asked why the Special Master hearing has been delayed, and
Assistant City Attorney Steinerts said we have been dealing with their attorney regularly
for the past few months. It was not until their attorney got involved that we got this far.
A delay was requested for the Special Master hearing because of the negotiations. We
are trying to educate the new owners as to their responsibilities, and we have sent them
all the information necessary. Vice Mayor Sultanof asked how long the negotiations will
take and Assistant City Attorney Steinerts said she could not say for certain; we are
waiting to hear from them to set up a meeting. Commissioner Partner said it is time to
force them to do something. The people he represents are entitled to an answer. City
Attorney Kraft explained we must work within certain constraints. The Special Master
will only start the fine tolling and the City is working diligently to bring this issue to a
conclusion. Commissioner Portner said the City should contact the golf course owner's
attorney more often and let them know we are fed up with them stalling the process.
City Attorney Kraft said next time he speaks with the attorney he will communicate
Commissioner Portner's concerns. Mayor Schreiber asked that this item be set for the
next workshop and if nothing positive or constructive comes forward, then move forward
and direct the City Manager and Code Enforcement to cite the owners and start the
October 25, 2004
City Commission Workshop
7
process. Vice Mayor Sultanof said if there is news prior to the next workshop he would
like the Mayor and City Commission informed. Vice Mayor Sultanof questioned setting
a time certain for the meeting with the golf course owner's attorney and Commissioner
Roberts said perhaps 30 days. City Attorney Kraft said he can not predict what the
attorney will say; he can only convey the Mayor and City Commission's concerns and
an update can be given to the Mayor and City Commission when City Attorney Kraft
speaks with the attorney.
Commissioner Portner said Deputy City Manager Cernech received an e-mail regarding
a fitness trail, which he found very interesting. Parks and Recreation Director Margoles
said Commissioner Portner had received a publication in which there was an article
about a fitness trail in a Ft. Lauderdale park which has a fitness station trail similar to
Sunset Point Park. The fitness station trail in the Ft. Lauderdale park was funded by
Broward County Health Department and some other groups. Parks and Recreation
Director Margoles called the Broward County Health Department and was told they
received a grant to install a fitness station trail at their own facility but were unable to do
so and called Broward County Parks and Recreation who suggested a park in Ft.
Lauderdale. Parks and Recreation Director Margoles asked if other funding sources
were available and she has not received an answer yet. The grant program goes
through the state health department or state office for aging, and Parks and Recreation
Director Margoles said she would make contact with them to see if funding can be
gotten through those agencies. Commissioner Portner said he is interested in having a
trail placed at Caporella Park. Parks and Recreation Director Margoles said while she
was in Reno she spoke to the manufacturer and vendor and found out that other cities
had success in getting sponsorships for individual stations. There is the ability to print
the sponsor's name on the station. Commissioner Portner questioned the cost and
Parks and Recreation Director Margoles said $2,500 per station.
There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the workshop meeting at 11:05 a.m.
bLx_
Marion Swenson, CMC
City Clerk
1
October 25, 2004
City Commission Workshop
8