HomeMy WebLinkAbout2005-11-21 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, NOVEMBER 21, 2005
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City
Commission to order on Monday, November 21, 2005, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, Interim City Attorney Samuel S.
Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson.
Mayor Schreiber led the pledge of allegiance.
Commissioner Portner stated that he had to leave the meeting at 10:30 a.m.
1. NOVEMBER 23 2005 AGENDA ITEMS:
a. Item No. 10. TOWING SERVICES FRANCHISE AGREEMENT — WESTWAY
TOWING INC.: (T02102) Motion to adopt Ordinance on first reading authorizing the
appropriate city officials to execute Agreement Amendment #1 pursuant to section 7.19
of the City of Tamarac Charter; exercising the renewal provision of the agreement with
Westway Towing, Inc. providing for towing services for the City of Tamarac for an
additional five year period beginning January 1, 2006 through December 31, 2011;
ratifying all prior resolutions awarding a towing services franchise.
Purchasing/Contracts Manager Glatz and Craig Goldstein, Westway Towing appeared.
Purchasing/Contracts Manager Glatz gave a presentation and said the current contract
has been in place for five years with very few complaints about Westway Towing in the
City of Tamarac. Commissioner Sultanof commended Westway Towing.
Commissioner Roberts congratulated Mr. Goldstein for the lack of complaints against
Westway Towing. Mayor Schreiber said Westway has continually done a good job and
Mr. Goldstein is a very generous person who supports good causes.
b. Item No. 6(b). AGREEMENT FOR LEGAL SERVICES — GOREN CHEROF
DOODY $ EZROL P.A.: (TR10824) Appointing Samuel S. Goren, Goren, Cherof,
Doody & Ezrol, P.A. as City Attorney for the City of Tamarac, Florida; authorizing the
appropriate City Officials to execute the Agreement for Legal Services between the City
of Tamarac and Goren, Cherof, Doody and Ezrol, P.A. City Manager Miller said he
spoke with staff of other cities wherein Mr. Goren provides legal services and the
agreement was reviewed by independent counsel Andy Maroudis. Costs for legal
services are tied to the city's budget and there is a `not to exceed' provision in the
contract. Billing is set for a maximum of $350,000 with some exclusions, e.g., extended
litigation. Per hour costs are set at $175.00. During the interim period staff and the City
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Manager have been pleased with the legal services provided by the firm.
Commissioner Roberts said she had asked to have this item tabled to the upcoming
meeting because she had some questions, which have since been answered.
Commissioner Portner questioned certain exclusions and asked if this was the same
situation the city had with the prior attorney; additionally, Commissioner Portner asked
about the cost savings to the city. City Manager Miller said the prior attorney used
outside counsel to a much larger degree than the exclusions included in the contract
with Mr. Goren's firm. There are some legal relationships the city would like to continue.
The cost savings equals about $350,000. Commissioner Roberts asked if the savings
includes staff, publications and outside counsel. City Manager Miller said the majority of
savings would be in the way of salaries and publications. Commissioner Sultanof said
Mr. Goren's firm uses fewer outside counsel which is a benefit to the City of Tamarac.
Interim City Attorney Goren added that his firm provides many in-house services, but
the firm will not disturb long term services between the city and outside counsel. The
firm will make every effort to keep things in-house to reduce costs and expenses.
Commissioner Sultanof questioned the bond fees and Mr. Goren explained the division
of legal representation.
C. Item No. 6(d). SITE LEASE AGREEMENT AND MEMORANDUM OF
AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED
EQUIPMENT ON EXISTING TOWER AT TAMARAC PARK: (TR10689) Executing a
Site Lease Agreement and Memorandum of Agreement with Omnipoint Holdings, Inc., a
Delaware Corporation, d/b/a T-Mobile for the installation of a telecommunications
antenna and associated equipment on the existing tower at Tamarac Park; authorizing
the appropriate City officials to execute any permit applications as may be required on
behalf of the City as owner of the property. IT Director Sucuoglu gave a presentation.
Mayor Schreiber asked how much room is left on the tower and IT Director Sucuoglu
said there is room for one more antenna, but the tower could be extended. Mayor
Schreiber said cell phones are the wave of the future and eventually more towers may
be needed. IT Director Sucuoglu said it is his belief similar antennas will be placed
around buildings in the future. Commissioner Roberts asked how the towers fared
during Hurricane Wilma and IT Director Sucuoglu said they fared well as they are made
to withstand 140 mph winds; however, there may have been one or two carriers who
suffered damage to their panels.
d. Item No. 6(e). AGREEMENT — DOCUMENT IMAGING AND MANAGEMENT
SYSTEM: (TR10797) Executing an agreement for Document Imaging and Management
System with Advanced Processing & Imaging, Inc., utilizing the City of Dunedin, Florida,
RFP 03-775, and a contract in the amount of $74,400.00; authorizing the appropriate
city officials to administer the contract. IT Director Sucuoglu, Controller Nealon and
Purchasing/Contracts Manager Glatz appeared. IT Director Sucuoglu gave a
presentation and said this imaging system would complement the existing HTE financial
systems. Commissioner Sultanof questioned the change in amount from $70,000 -
$74,400. IT Director Sucuoglu explained the increase was due to inclusion of the
$6,000 annual maintenance fee. Commissioner Portner asked if the city had been
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lobbied for the contract. Purchasing/Contracts Manager Glatz, Controller Nealon, and
IT Director Sucuoglu said they had not.
e. Item No. 6(f). APPROVING LEGISLATIVE AGENDA FOR THE 2006
LEGISLATIVE SESSION: (TR10835) Approving the City of Tamarac Legislative
Agenda for the 2006 legislative session; directing the City Clerk to send a copy of the
City of Tamarac Legislative Agenda for the 2006 legislative session to the Broward
County Legislative Delegation and the Broward County Board of County Commissioners
for consideration. Assistant City Manager Phillips and Management Intern Medlar
appeared. Assistant City Manager Phillips gave a presentation on the legislative
agenda and responded to questions from the Mayor and City Commission. Interim City
Attorney Goren spoke of a Supreme Court ruling as to the legality of petitions regarding
planning issues. Commissioner Portner questioned whether addresses and phone
numbers of elected officials were included in the exemption and Interim City Attorney
Goren said those addresses are currently not exempt. Vice Mayor Flansbaum-
Talabisco questioned the method of checking for possession of firearms in public
buildings and Human Resources Director Swanson said each governmental agency
could make its own decision on how to actively enforce this matter. Commissioner
Sultanof said schools are able to enforce this and perhaps we can piggyback on their
methods. Commissioner Roberts stated the City of Tamarac covers this topic in its
employee handbook and Human Resources Director Swanson said it is her
understanding that in upcoming session there will be discussion regarding prohibition of
employees keeping guns in their private vehicles. Commissioner Portner said he heard
there was never one case of property taken in Florida under eminent domain. Interim
City Attorney Goren said a Supreme Court decision this year spoke to the validity of a
city attempting to take land for public purposes and then transferring it to a private
company. Commissioner Portner spoke of rate increases approved by the PSC and
asked what power the legislature has over the PSC. Interim City Attorney Goren said
the PSC is appointed by the governor and is a separate, independent body.
Commissioner Portner questioned the process to make the PSC an elected board and
Mayor Schreiber said we would need to ask the legislature to enact a Bill stating the
PSC must be an elected rather than appointed board. Assistant City Manager Phillips
confirmed the Mayor and City Commission wanted to include the above language as
part of the objection to the FPL rate increase. Mayor Schreiber asked for an expression
of interest from the Mayor and City Commission and all agreed. Utilities Director
Gagnon explained unionized ammonia as a wastewater issue.
Commissioner Partner left the meeting at 10:25 a.m.
Commissioner Roberts confirmed that opposition to legislation permitting firearms in
Public vehicles did not include police officers. With regard to statewide data network,
Commissioner Sultanof expressed concern with profiling. Assistant City Manager
Phillips said there is a caveat in the wording that specifically speaks to disaster
situations. Commissioner Roberts said this is a great legislative package and
questioned the addition of other items should they come up. Assistant City Manager
Phillips said throughout the year as issues arise they are sent to the legislature.
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Commissioner Sultanof asked to have the following added to the legislative agenda:
information received from the City of Dania Beach requiring gas stations to have
generators; and information from the City of Weston regarding franchise fees. Mayor
Schreiber asked about adding the requirement that local grocery stores stock foods that
can be heated up by the addition of water to the bag, similar to those foods given to
armed forces members. Commissioner Sultanof expressed concern with people getting
burned upon opening the bag. Mayor Schreiber also asked for the inclusion of a bill
extending the amount of time people are given to make a transition from their rental
apartments to other living quarters when those apartments are converted to
condominium units. Mayor Schreiber asked for an expression of interest for the above
additions and all were in agreement.
Vice Mayor Flansbaum-Talabisco left the room at 10:45 a.m. and returned at 10:50 a.m.
f. Item No. 6(i). AWARDING RFP NO. 05-15R FOR REPLACEMENT OF FIVE 5
HVAC UNITS AT CITY HALL: (TR10852) Awarding Request for Proposal No. 05-15R
to AA Advance Air Incorporated for the replacement of five (5) HVAC units at City Hall
at a cost of $273,572, including a five year all inclusive parts and labor warranty. Public
Works Director Strain and Purchasing/Contracts Manager Keith Glatz appeared. Public
Works Director Strain gave a presentation and said the current units have lasted 16
years and now present maintenance issues to the city. Mayor Schreiber questioned the
tonnage and manufacturer of the current units and Public Works Director Strain said
they are 25 ton units, manufactured by a German company. Mayor Schreiber asked
how long it would take to install the units and Public Works Director Strain said three
units would be installed over the Presidents' Day Weekend and two units the following
weekend. Commissioner Sultanof questioned the 5-year all inclusive parts and
warranty and asked if this includes labor. Public Works Director Strain said it does.
Commissioner Roberts asked if the replacement units are bigger than the existing ones
and Public Works Director Strain said they are the same size but are more efficient.
g. Item No. 7. BOND DEBT ISSUANCE: (TR10848) Motion to approve Resolution
authorizing the issuance of not to exceed $15,000,000 in aggregate principal amount of
City of Tamarac, Florida Capital Improvement Revenue Bonds, Series 2005 for the
purpose of paying the costs of acquiring, constructing and equipping certain capital
improvements for parks and recreation, public safety and other municipal purposes;
covenanting to budget and appropriate legally available non ad -valorem revenues to
provide for the payment thereof; making certain covenants and agreements for the
benefit of the owners of such bonds; authorizing certain officials and employees of the
city to take all actions required in connection with the sale, issuance and delivery of
such bonds; taking certain other actions with respect to such bonds.
h. Item No. 8. AWARDING BOND: (TR10853) Motion to approve Resolution
supplementing Resolution No. authorizing and approving the negotiated sale
of not to exceed $15,000,000 City of Tamarac, Florida Capital Improvement Revenue
Bonds, Series 2005; authorizing the sale thereof to RBC Dain Rauscher Inc. subject to
the terms and conditions contained herein; appointing the paying agent and registrar;
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appointing the insurer and approving the insurance policy commitment; providing certain
other matters relating to the Series 2005 bonds.
Director of Financial Services Chapman asked that Items 6(g) and 6(h) on the
commission workshop agenda be heard together.
Director of Financial Services Steven Chapman, Bill Spivey, Kirkpatrick Pettis and
Duane Draper, Bryant Miller and Olive, PA, and Kevin Conitz, RBC Dain Rauscher, Inc.
appeared. Mr. Spivey gave a presentation on rating agencies and bond issuance and
said Tamarac's ratings are comparable with larger cities. Mr. Spivey spoke of the time
frame; the week after Thanksgiving the offerings will be sent to the investors, and then
the underwriters will price the bonds with closing to be held in mid -December.
Commissioner Sultanof said he is very pleased with the Standard and Poor rating.
Mayor Schreiber questioned why the city would bond $15 million when we will not be
able to complete all the projects at one time. Director of Financial Services Chapman
said the cost to implement the bond is $425,000. It is the cost of doing business and
each time we go out for another bond issue it will cost the city money. Additionally the
interest rate environment is fluctuating and as the rate fluctuates the cost of bonds will
increase. Mr. Draper explained federal tax laws control borrowing, and said in order to
close on the issue there must be a reasonable expectation that 85% of the bond money
will be spent within three years. Commissioner Sultanof agreed if the city borrows the
money now it will be that much better off in its debt service. Commissioner Roberts
asked if the Mayor and City Commission would be given 3-5 year schedules and
updates as appropriate on the projects, and Director of Financial Services Chapman
said they would. Mr. Draper explained the two resolutions. Mayor Schreiber asked
what the city's total bonded indebtedness would be with the instant bonds included and
Director of Financial Services Chapman said about $30 million. Mayor Schreiber asked
how long it would take before the bonds are sold and received and Mr. Draper said we
should close on the bonds the middle of December. Mr. Draper asked that the
legislation be signed after Wednesday's meeting and held in escrow by the Financial
Services Director until pricing occurs. Commissioner Roberts asked if residents would
be allowed first notice of the bonds. Mr. Conitz thanked the Mayor and City
Commission for the opportunity to work with the city and stated notice would be the
same as previous bonds sold. Vice Mayor Flansbaum-Talabisco asked if there was a
way to improve marketing to Tamarac residents and Mr. Conitz said the prime goal is to
get the lowest interest rates and to market the bonds to the widest area of potential
buyers so we can get the lowest funding. If only Tamarac residents are targeted it
proves a disservice to the city. Mr. Conitz added his firm will market the bonds in the
manner previously used. Mayor Schreiber asked about the call date and Mr. Conitz
said that is up to the city; the bonds are callable in 10 years at par value. Commissioner
Sultanof asked if these are revenue bonds and said it must be stressed that they are
tax-free. Mr. Conitz said they are tax free non ad -valorem bonds and are not subject to
the alternative minimum tax.
Commissioner Roberts questioned item 6(g) on the consent agenda, BUDGET
AMENDMENT: (TR10846) Amending the expenditure budget for the Fiscal Year 2006;
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amending the budget of estimated revenues for the Fiscal Year 2006, in particular the
reimbursement from FEMA and transfer to the grants fund. Director of Financial
Services Chapman said money will be expended from the grants fund and FEMA
reimbursements will go into that same fund. Mayor Schreiber asked if the amounts are
anticipated or actual and Director of Financial Services Chapman said they are
anticipated. Vice Mayor Flansbaum-Talabisco asked how long it will take to get the
FEMA reimbursement and Controller Nealon said the process has begun and it should
be about 1-2 months before monies come to the city. Mayor Schreiber asked what
percentage of reimbursement we will receive and Controller Nealon said each hurricane
structure is different; there is a 72 hour window established for full 100% reimbursement
(it is determined over a three-day period what the maximum costs are that are
associated with the storm). Commissioner Sultanof confirmed that we can expect to be
refunded either $2 million or 85% of what we expended and the city has a contingency
fund of $2 million. City Manager Miller confirmed. Controller Nealon explained we
should get back 75% from FEMA and 12.5% from the state. Mayor Schreiber said it is
his understanding that the Resource Recovery Board may also provide funding.
2. DISCUSSION REGARDING CITYWIDE COLOR PALETTE: Building Official
Jones and Community Development Director King appeared. Commissioner Roberts
said she brought this item back to the Mayor and City Commission because a number
of residents asked why the Woodlands Overlay District has a color palette and whether
residents in other communities could also get a color palette. Commissioner Roberts
said her personal belief is that the Homeowner Associations should handle this matter,
and asked if that was possible. Commissioner Sultanof spoke of the Woodlands
Overlay District as being a separate package due to the fact that their deed restrictions
lapsed, and said every community can not have an overlay district. Mayor Schreiber
said now that the deed restrictions have been reinstated he wondered whether there is
still a need for the overlay district. Interim City Attorney Goren responded until he
reviews the documents and information he would not be able to answer that question.
Vice Mayor Flansbaum-Talabisco explained that 30 years ago the Woodlands had a
homeowners' association with all deed restrictions in tact, which included a color
palette. The overlay district helped continue the essence of the deed restrictions.
Interim City Attorney Goren cited a Coral Springs matter dealing with a park and deed
restrictions. Community Development Director King explained the Woodlands Overlay
District was created to continue the public health, safety and welfare to which the
community was accustomed, even though their deed restrictions had expired. The
colors were chosen by the Homeowners Association and were those previously
enforced by said association. It would become quite a challenge to create a color
palette for all communities and have that enforced by the city. Interim City Attorney
Goren explained that Coral Springs is a company town and when WCI went out of deed
restrictions and ceded them back to the city it is now controlled by city code.
Community Development Director King recommended if homeowner associations want
to create color palettes they should determine whether they want to enforce same and
bring these to their community. There is no benefit for city staff to enforce and regulate
these color palettes. City Manager Miller said deed restrictions would have to be
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1
amended, which is very difficult to do. Mayor Schreiber recommended an architectural
review board for the city.
3. DISCUSSION REGARDING DRAFT RESOLUTION ESTABLISHING
TAMARAC AS A CITY OF CHARACTER: (TR10845) Establishing Tamarac as a City
of Character with the International Association of Character Cities. Mayor Schreiber
said since Commissioner Portner is not present, he suggested this item be deferred to
the next workshop meeting. All agreed.
4. DISCUSSION RE: ACKNOWLEDGEMENT OF EMPLOYEES IN
RECOGNITION OF WORK DONE FOR HURRICANE WILMA• City Manager Miller
said he is requesting the city fund the holiday luncheon for employees on December
14th. It has been determined that a luncheon is the most appropriate way to express the
city's appreciation and we will be able to get the greatest number of employees to
attend at one time. The event will be catered and City Hall offices will be shut down
from noon — 2:00 p.m.; we will advertise ahead of time. The cost to the city is
approximately $6,000. Mayor Schreiber asked for an expression of interest and all were
in agreement. Commissioner Roberts said she is impressed the city will close for the
two hours during the luncheon. Vice Mayor Flansbaum-Talabisco asked if all 375
employees would be accommodated at the Tamarac Community Center and Interim
Director of Parks and Recreation Warner said it will be held in the gym; similar setup as
the employee recognition events. Commissioner Sultanof congratulated City Manager
Miller for being the best city manager in the county, state and nation and commented
favorably on Tamarac's response after Hurricane Wilma.
Commissioner Roberts questioned an ordinance with regard to the police pension plan.
Director of Financial Services Chapman explained this will provide for distribution of
Chapter 185 funds; both the $300,000 accumulated at this time which needs to be
disbursed as well as future funds. Vice Mayor Flansbaum-Talabisco asked how soon
this would be accomplished and Interim City Attorney Goren explained the
documentation needed and said it should be ready for the next workshop and meeting
agenda.
There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the workshop meeting at 11:50 a.m.
r
A.,."t- Marion Swenson, CMC r
City Clerk
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