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
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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
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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
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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
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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
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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
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