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HomeMy WebLinkAbout2002-11-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC WORKSHOP MEETING TUESDAY, NOVEMBER 12, 2002 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Tuesday, November 12, 2002, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, Commissioner Gertrude Mishkin, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT:, City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Assistant City Manager Michael C. Cernech, and City Clerk Marion Swenson. 1. NOVEMBER 13 2002 AGENDA ITEMS: a. Item 6(b). VOIDING THE WATER AND SEWER DEVELOPER'S AGREEMENT -- BANYAN LAKES CORPORATION: (TR9669) Executing an agreement with Elfrieda R. Compton, voiding the Water and Sewer Developer's Agreement with Banyan Lakes Corporation for the Banyan Lakes Development located on the south side of Bailey Road between Rock Island Road and 815t Avenue; releasing the property lien on said project for delinquent Guaranteed Revenues in the approximate amount of $18,103.51; authorizing and directing the City Clerk to record said Agreement and release of lien in the public records of Broward County. Utilities Director Ray Gagnon introduced property owner Mrs. Elfrieda Compton, 230 Lake Court, Lauderdale -By -The -Sea and gave a presentation. City Attorney Kraft announced that litigation has been filed naming the city as a defendant, (Elfrieda Compton v. Banyan Lakes Corporation, et al.) Mrs. Compton's attorney is aware of this morning's meeting, and is not in attendance. Mrs. Compton asked the Commissioners to release the lien on the property, and spoke about improvements to the lake that must be made before she is able to sell the property. Mayor Schreiber asked if Mrs. Compton knew about the lien prior to purchasing the property, and Mrs. Compton replied she bought the three lots on a tax deed sale, and her research did not reveal any liens. Mayor Schreiber asked whether Mrs. Compton intended to develop the parcels, which would yield 9 units, and what revenue would be derived annually from the units. Utilities Director Gagnon said he had not worked out the numbers, but there is a possible $1.35 million additional tax base plus utility revenue the City would get were the property developed. Vice Mayor Portner said he thought the costs should be absorbed in the sale price. Mayor Schreiber asked what action the Commission could take that would affect the lawsuit, and City Attorney Kraft said this is a quiet title action, and if the lien is dropped, then there is no basis for the lawsuit. Utilities Director Gagnon recommended voiding the developer's agreement, and keeping the CIAO fees that have already been paid. The new developer will have to enter into a new agreement and pay new CIAO fees in excess of $3,000 per unit. Commissioner Roberts asked if it would be beneficial to wipe out the lien compared to the attorney fees for the lawsuit, and City Attorney Kraft said it is in the city's interest to November 12, 2002 City Commission Workshop 1 release the lien. Vice Mayor Portner asked whether there was any way to take the $18,000 in increments, and Commissioner Roberts suggested Mrs. Compton add the $18,000 to the cost of the property. Mayor Schreiber said if there is a lien in place it is difficult to sell the property; if it is removed then it becomes an attractive package and Tamarac is better off. Vice Mayor' Partner asked what it would cost to grade the lake, and Mrs. Compton said she did not have estimates on that yet. Commissioner Roberts questioned the market value of the property, and Mayor Schreiber said property values change with time; the less land available the more valuable. Mayor Schreiber asked for an expression of interest to release the lien, and Commissioners Roberts and Sultanof said while they are not totally in favor of the situation, they would agree. Commissioner Mishkin agreed to release the lien. Vice Mayor Portner said he was not in agreement, and Mayor Schreiber agreed to release the lien. b. Item 6(e). TAMARAC CITIZEN CORPS COUNCIL: (TR9964) Supporting the Tamarac Citizen Corps Council. Assistant Fire Chief Kingman Schuldt, Assistant to the City Manager Phillips, and Special Projects Coordinator Perron gave a presentation on the Tamarac Citizen Corps Council. Mayor Schreiber asked if every citizen in Tamarac would be eligible to join the Council, and asked who would pay for it. Assistant Fire Chief Schuldt said establishing the Corps would enable Tamarac to apply for federal grants and do some fund raising. Assistant to the City Manager Phillips explained this puts an umbrella organization in place, and would couch the City to be in a position so as funding becomes available there is an organization on behalf of the community to advocate for that funding. Commissioner Roberts asked how this affects the Community Council that is over the COPS program and some of the other programs, and asked if the existing groups would be incorporated into the Council. Assistant Fire Chief Schuldt said nobody in the community would be shut out and all existing groups have the ability to participate. Assistant to the City Manager Phillips said there is no intention to exclude any group already in existence; the intention is to bring the groups to the table and open up additional avenues and resources. Commissioner Roberts asked if the groups had been addressed and whether there was community buy -in. Assistant to the City Manager Phillips responded that she did not envision reluctance on the part of the community groups, but it is necessary to have Commission approval before speaking to the groups. Commissioner Roberts said she preferred speaking to the community first. BSO Chief Dugger clarified that the concept behind the Citizen Corps is that the City of Tamarac would control the resources in the event of a catastrophe, but an expression of interest is needed from the Commission before bringing in the organizations. Commissioner Sultanof spoke about President Bush's request for $230 million, and said it behooves us to try to pull together on homeland security; he is delighted to see money flow down to the various organizations, and this looks like a good opportunity to put this together without cost to the City. Assistant Fire Chief Schuldt said there needs to be a coordination of effort. City Manager Miller said there is no need to create a new organization. Commissioner Sultanof asked about liability issues, and Commissioner Roberts said the Community Council's attorney was recently elected to a judgeship, and a new attorney would have to be found. Vice Mayor Portner said he fears this Corps, as it appears to make everybody a spy; if the existing organizations are volunteer, why are funds needed. Assistant to the City November 12, 2002 City Commission Workshop 2 Manager Phillips said funding will be available for training, overhead, efforts toward security and emergency preparedness, and there is no intention to invoke a spy atmosphere. Vice Mayor Portner said we are losing our rights because of terrorism, and he does not like to think this will add to it. Vice Mayor Portner said he does not like the language on page 8 of the handout, addressing terrorism. Special Projects Coordinator Perron assured the Commissioners that with the City of Tamarac forming its own Citizen's Corps Council, we decide as a community what programs we want for ourselves, and the prime interest is emergency management. Commissioner Roberts questioned the creation of the mission statement and selection of officers afterward, and Special Projects Coordinator Perron said the City would start the mission statement, and Chief Budzinski would like to be the lead person for the City. There was discussion about the Commission's ability to appoint representatives to the Council. Commissioner Mishkin asked if people from other boards would be represented, and Assistant Fire Chief Schuldt said the availability is endless. Mayor Schreiber asked for an expression of interest, and said the commission needs to be kept informed. Commissioner Mishkin asked if reports would be made to the commission, and City Manager Miller said they would. Commissioner Roberts said she did not want to move forward with the Citizens Corps Council at this time, as she had a meeting with the Community Council this evening and would like to get their input first. Vice Mayor Portner said he wanted to put the item on hold, and would like a report from Commissioner Roberts after her meeting. Mayor Schreiber reminded the Commissioners that this item is on the November 13 consent agenda, and there was an expression of interest to pull the item from the November 13 agenda and revisit it on November 27. C. Item 6(k). ELECTRICAL SERVICE CONNECTIONS — IRRIGATION PUMPS: (TR9959) Expending an amount not to exceed $105,000 for the design and installation of electrical service connections by Florida Power & Light for the fifteen (15) irrigation pumps which will be installed as part of Phase IV-B of the Comprehensive Street Improvement Program. Public Works Director Raj Verma introduced Assistant Public Works Director Armando Linares. Assistant Public Works Director Linares said the bids would be opened on December 18, and an award should be made by mid January, with work commencing early to mid February. Public Works Director Verma said there is no fixed price for each location yet, and the $105,000 price is at the high end of the scale.. Mayor Schreiber asked who else could do this work and Public Works Director Verma said it could only be done by FPL d. Item 6(I). GRANT APPLICATION — REPLACEMENT OF THREE STORMWATER PUMP STATIONS: (TR9965) Seeking up to $750,000 in grant funding from the Florida legislature through the Department of Environmental Protection for replacement of three stormwater pumps providing for a $3,761,000 match from the city. Assistant to the City Manager Diane Phillips gave a presentation. Vice Mayor Portner asked If any other funds are available aside from those from the legislature. Assistant to the City Manager Phillips said the City continues to look for funding; this is the first resource found.. This grant vehicle is different from others we have entered into, as this will require legislator sponsorship. In addition to filing the grant application, it has to be endorsed by the state representatives and Senator Campbell, as well as having the November 12, 2002 City Commission Workshop 3 sponsorship of the elected officials. Mayor Schreiber said this is an ongoing program, and every year we can reapply as long as there is state funding available. e. Item 6(m). BID AWARD — HERBICIDE PURCHASE: (TR9961) Awarding Bid No. 03-01 B for the purchase of aquatic, ornamental and turf herbicides from Helena Chemical Company, Agro Distribution, LLC d/b/a Pro Source One, and UAP Timberland LLC; authorizing an annual expenditure of funds in an amount not to exceed $81,700. Public Works Director Raj Verma and Project Manager (Solid Waste Recycling) Amber D'Amato gave a presentation. Public Works Director Verma said these chemicals are for treating right-of-way areas and aquatic plants and this is an ongoing program. Commissioner Roberts asked if the chemicals are harmful to animals and children, and Public Works Director Verma said when the chemicals are applied to the waterways, signs are posted. Vice Mayor Portner asked why there are several companies involved and Project Manager (Solid Waste Recycling) D°Amato said there were a large variety of chemicals bid for, and different vendors were chosen for different chemicals. f. Item No.11. SENIOR HOMESTEAD EXEMPTION: (TO1987) Granting of an additional homestead tax exemption of $10,000,00 to resident homeowners who have legal or equitable title to real estate, who are at least 65 years of age, and whose annual household income does not exceed $20,000.00, pursuant to Section 196.075, Florida Statutes (1999). Assistant City Manager Cernech introduced Finance Director Newman and Management and Budget Officer Sammartino. Assistant City Manager Cernech explained the staff recommendation is to implement a $10,000 additional Senior Homestead Exemption, which would take affect in FY04. Mayor Schreiber questioned the commencement, and Assistant City Manager Cernech explained state requirements. Assistant City Manager Cernech said the $10,000 enhances the benefit to the property owner ($60.00 per year) and provides a conservative cushion to the City in terms of lost revenue. Over 2,000 properties qualify for the $10,000 exemption at a cost of $140,000 to the City, which has a negative revenue impact to the City. The property appraiser's office has 2,300 properties currently signed up through the County, who wili be automatically brought into this exemption. Staff will go to the community associations and market the exemption to them and encourage people to apply. We will get as many people signed up so we will know the percentage this applies to in the first year, and can come back in future years to review the exemption and the Commission can make recommendations to raise or lower the amount. Commissioner Roberts said she asked for $5,000 but is glad staff wants to start with $10,000, and asked for a consensus from the Commissioners for $10,000. Mayor Schreiber said he is not happy about it, as he thinks we should go with the $25,000 if the City can afford it, as a $60.00 saving to the property owner is not a lot of money. Commissioner Roberts said with the $25,000 there is only a saving of $150.00 per household. Yesterday, at the Veterans service, she met a number of disabled residents who said they also get another exemption.. Commissioner Roberts said the $10,000 is a good way to start. Mayor Schreiber said this is a step in the right direction. Commissioner Sultanof asked if the 2,200 plus people already registered, are locked in, and Assistant City Manager Cernech said there were 2,239 properties registered when the city did its research, and that number could have gone up or, down as it will constantly change. When the city November 12, 2002 City Commission Workshop 4 does its marketing campaign, he believes the numbers will increase. Those people who have the exemption now will get it automatically. Commissioner Sultanof said this is a step in the right direction, and Mayor Schreiber said he believes the commission is in favor of moving forward. g. Item 6(n), CITY COMMISSION RULES OF PROCEDURE: (TR9955) Adopting rules of procedure for the City Commission which provide for definition of relevant terms, outline the commission meeting agenda, provide for notice of meeting, provide for rules of conduct of commission and residents, provide for enforcement, and provide for voting procedures. Assistant to the City Manager Diane Phillips gave a presentation on the proposed changes to Commission Rules and Procedures, and said based on discussion at the last Commission Workshop the following changes are incorporated into Temporary Resolution 9955: rotation of the pledge; moving Commission and Staff reports before public participation, beginning with the Mayor's report; deleting the stipulation providing that the Mayor votes last, and adding that the maker and second of a motion vote in that order with rotation of the other three votes. Commissioner Roberts asked if this could be changed if it does not work, and City Attorney Kraft said it could be revised. Mayor Schreiber said it would go into effect November 27. Mayor Schreiber questioned Item 6(g) on the consent agenda, AGREEMENT — ALLOCATION OF DEVELOPMENT ENTITLEMENTS: (TR9939) Executing an agreement for allocation of development entitlements between Lennar Land Partners and the City of Tamarac, and asked about the monetary value. City Attorney Kraft explained this formalizes action that took place in the land sale agreement for the Rockford Parcel and does not add anything different to what happened at closing. Commissioners Roberts and Sultanof questioned the entitlement and whether this affects the Weissing ruling, and City Attorney Kraft explained this is simply formalization of what transpired at closing. City Manager Miller explained this clears the plat and the City can now begin development of the parcel. Mayor Schreiber asked why the City was granting an extension in Item 7 on the regular agenda. TIME EXTENSION — YBR PROPERTIES INC. SITE PLAN: (TR9960) Motion to approve Resolution granting a time extension of one (1) year for Final Site Plan approval for YBR Properties, Inc., requested by Jean Cascio Esq., attorney for the applicant (Case No. 28-SP-02). Community Development Director King explained this is a request by the property owner's attorney. It has taken longer than expected to get financing. 2. DISCUSSION OF FUND BALANCE: Discussion of Fund Balance. Assistant City Manager Cernech introduced Finance Director Newman and Management and Budget Officer Sammartino. Assistant City Manager Cernech said there has been ongoing discussion regarding fund balance and Finance Director Newman has prepared a presentation to explain the fund balance,. Finance Director Newman gave a presentation and spoke about reserved and unreserved fund balance, accounting and budget fund balance, best practices and adoption of a formal policy. Commissioner Sultanot spoke about fiscal responsibility. Finance Director Newman explained the November 12, 2002 City Commission Workshop 5 surplus is not in surplus of the 10% noted in the Charter, but in surplus of -$0- unreserved, undesignated fund balance,. Vice Mayor Portner asked about the $3 3 million surplus„ and whether the commission could do what they wanted with it. Finance Director Newman spoke about financlal stability and Commissioner Roberts asked if the $3.3 million includes the 10% needed to be financially secure. Finance Director Newman said it did. Commissioner Roberts confirmed that there was in reality only a $300,000 surplus. Finance Director Newman asked the Commission to authorize staff to prepare a draft fund balance policy for the Commission's review. All agreed. Mayor Schreiber said several prior administrations were involved in securing Veterans Park and the plaque is in an inappropriate position; not easily visible. Commissioner Sultanof confirmed that the plaque is not made of wood. After discussion it was decided that the plaque should be placed on a post in a fully visible location. City Manager Miller said he would review the matter and return with a proposal. Commissioner Roberts questioned the logic of having articles ready by November 15 for the January/February Tam -A -Gram. Public Information Officer Crockett said space could be reserved for the Commissioners' articles if she had an idea of how many words they would need, and then the articles could be turned in some time in December. After discussion City Manager Miller said space would be reserved for each Commissioner's article. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 11.50 a.m. Marion Swenson, CMC City Clerk E November 12. 2002 City Commission Workshop 6