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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