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HomeMy WebLinkAbout2006-11-20 - City Commission Workshop Meeting MinutesCITY OF TAMARAC NOTICE OF WORKSHOP MEETING CITY COMMISSION OF TAMARAC, FLORIDA MONDAY, NOVEMBER 20, 2006 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, November 20, 2006, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance and asked for a moment of silence in remembrance of BSO Deputy Brian Tephford 1. PRESENTATION AND DISCUSSION OF PROPOSED PARTNERSHIP BETWEEN THE CITY OF TAMARAC AND ARTSERVE: Maureen Kohler, Executive Director of ArtServe and Assistant City Manager Phillips appeared. Assistant City Manager Phillips said this is an outgrowth of discussions between Mayor Flansbaum- Talabisco and ArtServe, and explained a major objective of the city's strategic plan is to raise visibility in Tamarac. At present, ArtServe is located at the east end of the county and this is an opportunity to bring cultural services to the western end of the County. In the recent public opinion survey, residents showed an interest in art and development of a cultural center in Tamarac. The office previously used by the now sunsetted Consumer Affairs Committee, will be used to house ArtServe for administration and community outreach programming. In exchange ArtServe will hold two art exhibits in City Hall and two openings for exhibits and two performing arts programs at the Tamarac Community Center. It is estimated the cost to the City will be under $2,500 per year. Ms. Kohler said she is always on the lookout for non-traditional ways of bringing art into communities and this partnership will be an expansion of existing services, targeting schools and other areas to bring programming to Tamarac. Ms. Kohler said ArtServe supports emerging artists and cultural organizations. Vice Mayor Portner asked if the exhibits in City Hall will be permanent ones and if not, could there be a continuing rotation. Ms. Kohler said the artwork will be exhibited for several weeks; she would look into a continuing rotation of art. Commissioner Dressler said he envisions ArtServe in Tamarac expanding what is done in Ft. Lauderdale and coordinating with local artists and schools in Tamarac, as well as with the Parks and Recreation Department. Commissioner Dressler said he is liaison to the Parks and Recreation Board, and they discussed art in the Southgate Linear Park during their last meeting; using ArtServe as a resource would be a plus for Tamarac. Commissioner Sultanof questioned hold harmless and City Attorney Goren responded a licensing agreement will be brought before the Mayor and City Commission. Mayor Flansbaum- Talabisco said she is excited about this project. November 20, 2006 City Commission Workshop Page 1 of 6 2. PRESENTATION RE: WATER CONSERVATION: Commissioner Atkins -Grad, Director of Utilities Gagnon, Laboratory Manager Oney, and Water Conservation Specialist Franqui appeared. Commissioner Atkins -Grad said she has been trying to get restaurants to stop serving water unless specifically requested by diners. The SFWMD issued a water shortage notice and asked people to conserve water. In the past water conservation methods were carefully followed and this is a good time to get back on track. Tamarac has some water conservation regulations in place and last year the position of Water Conservation Specialist was put into the budget. It has been documented that through this new position Tamarac saved 8 million gallons of water. The City of Tamarac is poised to take the leading role in water conservation. Lab Manager Oney gave a presentation on water conservation and said in 2009 the SFWMD will reduce the amount of water we are able to take from the aquifer. Lab Manager Oney discussed options such as new water sources and conservation, education, installation of water saving devices and regulation, and how these options relate to the city, restaurants, hotels and residents. Commissioner Sultanof spoke of the two water bottling firms in Tamarac, and said he is in agreement that water should only be served at diners' requests. Commissioner Sultanof spoke about the tablets available to residents to check for leaks in toilets, and Kings Point's work on irrigation systems to conserve water. Director of Utilities Gagnon said due to awareness there has been a 15% reduction in water usage with regard to commercial entities, and 16.7% for residential properties. Commissioner Dressler questioned the percentage of water drawn daily from the aquifer for irrigation of lawns, golf courses and medians. Lab Manager Oney said about 50%. Commissioner Dressler said he is in favor of the conservation plan but these solutions are tactical and for the short term; rainfall is cyclical and we tend to only look at water usage in times of drought. Commissioner Dressler said he feels we should look at more long term strategic solutions. Tamarac must make an issue of water conservation and look at utilizing other sources of water; we must make water conservation a part of our strategic goal. Commissioner Dressler asked what it would take to come up with a long term strategic alternative and when he would be able to see an illustration of the mechanics and financial impacts. Director of Utilities Gagnon said we are already looking into alternate supplies. We do not have the ability to reclaim wastewater but we can use non -potable sources for drinking water. The first RO plant is on line for 2011; our current water treatment plant's useful life will end by 2019. We have raised our CIAC contributions to cover debt service for the 2011 program. Commissioner Dressler said people at the state level report the issue is not lack of water but the cost; 10-15 years from now people in Tamarac will have access to water and it will cost less than other cities since we are now doing something about it. Director of Utilities Gagnon said due to the fact that technology changes so quickly we may be in a better position if we wait a little longer before we implement plans. Commissioner Dressler asked to be kept informed as to where we are as we head toward our goal. Vice Mayor Portner asked about reduced water pressure for conservation and questioned projected population numbers at build out. Director of Utilities Gagnon said we try first to get voluntary compliance but if a drought is declared we can lower the pressure. We expect to have 70,000 people at build out. Vice Mayor Portner asked about dishwashers and showers and asked where residents can get low flow shower heads. Lab Manager Oney said newer dishwashers are energy efficient November 20, 2006 City Commission Workshop Page 2 of 6 and people should only run dishwashers with full loads. The average shower takes 10- 15 minutes and can use 15 — 50 gallons of water, depending upon the shower head. Low flow shower heads are distributed when staff makes presentations to HOAs. Water Conservation Specialist Franqui said the low flow shower heads are distributed at all city events that he attends. Director of Utilities Gagnon said with the onset of this program, Water Conservation Specialist Franqui will provide individual audits and can give out the shower heads at that time. Commissioner Sultanof suggested when people pay water bills in City Hall they be given a shower head and asked that information be included in the Tam -A -Gram. Director of Utilities Gagnon said while that is a good suggestion to give shower heads at the time people pay their water bill, it is better if they are given the shower head at the time of a water audit; chances are greater the shower head will be installed if they receive it during that time. Mayor Flansbaum-Talabisco asked how people become aware of this program and if the home audit is included on the billing statement. Lab Manager Oney said information is distributed through the Tam -A -Gram and presidents' council, and the audit is not yet on the water bill. Mayor Flansbaum-Talabisco questioned the irrigation lab and Lab Manager Oney said it is a county program that assesses irrigation, timing, sprinkler heads, and recommends improvements to these systems. Mayor Flansbaum-Talabisco said water conservation needs to become a state of mind; we are doing this at Commissioner Atkins-Grad's suggestion, and it is the right thing to do. It is incumbent upon the Mayor and City Commission to talk to residents about conservation. Commissioner Dressler asked if there are incentives for redevelopment to use city approved shrubbery. Water Conservationist Franqui spoke of irrigation installers not being aware of the proper way to set up a system, and suggested that might be one of the first areas targeted in education. Vice Mayor Portner said he did not feel it necessary to give incentives to developers. Mayor Flansbaum-Talabisco spoke of a summit she attended in Atlanta regarding best practices and greening, and said she would meet with City Manager Miller and turn over information she brought back from the summit. 3. NOVEMBER 22 2006 AGENDA ITEMS: a. Item No. 6(b). REFUNDING OVERPAYMENT ON COMMERCIAL ALTERATION PERMITS: (TR11096) Refunding Thirty -Seven Thousand Five Hundred Eighty -Five Dollars and Eighty Cents ($37,585.80) which was an overpayment on commercial alteration permits 05-3924; 05-4044; 05-4045; 05-6100 and 06-451. Building and Code Compliance Director Jones gave a presentation and said the contractor applied for permits shortly after Hurricane Wilma and the department did not have an opportunity to adequately review his cost of construction; numerous items were later identified as items that are not regulated by the City or included in cost of construction. It is appropriate to refund the overpayment at this time. City Attorney Goren added the description of this item given by the Director is clear; this is not a gift, waiver or benefit given to the private owner of property. The refund is based upon a miscalculation. b. Item No. 6(d). APPROVING LEGISLATIVE AGENDA FOR THE 2007 LEGISLATIVE SESSION: (TR11101) Approving the City of Tamarac Legislative Agenda for the 2007 Legislative Session; directing the City Clerk to send a copy of the November 20, 2006 City Commission Workshop Page 3 of 6 City of Tamarac Legislative Agenda for the 2007 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 Campbell appeared. Assistant City Manager Phillips reviewed the legislative agenda and responded to questions for clarification from the Mayor and City Commission. Commissioner Dressier asked why property tax reform is not included in the legislative agenda. Financial Services Director Chapman explained the governor has put together a task force with regard to tax reform and a preliminary report is expected by December 15t". The final report is not due until December 2007. It is hard to come up with a plan without increasing taxes. Commissioner Dressier said in discussions with the League, he is of the understanding that the legislative agenda should be kept vague, as we are merely sending a message to the legislators. Commissioner Atkins -Grad left the room at 11:10 and returned at 11:13. Vice Mayor Portner agreed there is a problem with taxes and insurance, but if we make the agenda generic we become part of the problem not part of the solution. Our role is to make specific recommendations as to what we want to see done; we must be a local force. City Manager Miller spoke of an editorial in the Sun -Sentinel regarding property tax reform, and said he is in agreement that a comprehensive standard is needed for the property tax system in Florida. The legislators will jump onto a quick fix that will become a disaster for the State. The legislative agenda is a great resource for us, and we can urge the legislators to have a bi-partisan group look at the whole tax issue in Florida. Vice Mayor Portner spoke of portability and the additional $25,000 exemption. Some things that have been proposed are unfair and as local officials, we should take a stand with the League. Vice Mayor Partner suggested that Mayor Flansbaum-Talabisco speak to the other Mayors and get them and the elected officials to go to Broward Days in Tallahassee. Commissioner Sultanof said this is a distinct problem that needs to be addressed. If people are not happy with their legislators, they can vote them out of office. A committee is being formed that will try to do some good, but we do not know what will take place; after the committee meets then the Mayors can lobby on our behalf. Commissioner Dressler said it makes sense to have a generic concept in this document, and suggested the Mayor and City Commission invite our State representatives or Senator -elect to visit with us so we can tell them how we want them to represent us. City Manager Miller explained this document, when completed, is forwarded to our lobbyists and all members of the delegation. The City Manager's office often takes calls from them to clarify our position, and periodically, this board invites legislators to discuss their accomplishments during the legislative session. Financial Services Director Chapman explained Tamarac funded about $22 million in last year's budget through property taxes; anything that does not bring in additional tax moneys, will shift the burden of each of the pie pieces; an increase in homestead exemptions decreases that piece of the pie and increases the burden on non -homesteaded properties and businesses. Portability lowers taxes for one group and raises it for another. In order to change the tax structure in Tamarac we need to add an additional piece to the pie. We may, then, need another type of tax that more individuals will be paying in Tamarac, in order to shift the burden. Vice Mayor Portner spoke of a utility tax, which is the only stream he can think of, but he does not see it happening in the November 20, 2006 City Commission Workshop Page 4 of 6 future. Commissioner Sultanof said we should invite Ari Porth and Jeremy Ring after January sessions start. Mayor Flansbaum-Talabisco said they could be invited to speak at a workshop meeting. City Manager Miller said he would put together wording to present to the Mayor and City Commission at Wednesday's meeting with regard to the tax issue. C. Item No. 7. AMENDING ARTICLE VI OF THE CODE ENTITLED LAND DEVELOPMENT AND CONSISTENCY STANDARDS: (T02126) Motion to adopt Ordinance on first reading amending Chapter 10, the Land Development Regulations of the City of Tamarac by amending Article VI, entitled "Land Development and Consistency Standards"; specifically amending Section 10-330, entitled "Concurrency Standards and Procedures," in order to provide for compliance with the requirements of Section 163.3180, Florida Statutes, as amended from time to time, to provide for the enactment of a proportionate fair -share mitigation ordinance; incorporating by reference Section 5-182(a)(5)(b) of the Broward County Land Development Code; providing for codification. City Attorney Goren explained Chapter 163 was changed during the 2005 legislative session. This ordinance is required by statute for an interactive dialogue between the City and County government. Tamarac is in the north/central concurrency district and this ordinance responds to state law which requires a higher level of communication; developers pay as they go for transportation improvements. There are strict penalties in place for non-compliance and this ordinance should be in place before January 1. Vice Mayor Portner asked for clarification of the memorandum and City Attorney Goren explained transportation impacts and spoke of developers being able to pay into a fund that would allow development to occur. d. Item No. 10. DISCUSSION REGARDING MOTION TO CONTINUE TO RETAIN ALAN GABRIEL'S SERVICES AS SPECIAL MAGISTRATE AND TRANSITION THE CITY OF TAMARAC CONTRACT FOR SAID SERVICES TO THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE: City Attorney Goren introduced Alan Gabriel and said Tamarac has an exemplary Code Enforcement Department. Our Special Magistrate program is very successful, and we have several Magistrates. Mr. Gabriel is changing law firms and under Florida Bar rules the consent to the transition of firms is controlled by the Mayor and City Commission. The Special Magistrate works at the pleasure of the Mayor and City Commission with no term; it is an at -will agreement. Currently Mr. Gabriel works for Tamarac but under a different law firm. Mr. Gabriel has done a fine job for Tamarac and is a good tool in our tool box; he is a respected lawyer in South Florida. Mr. Gabriel thanked the Mayor and City Commission for the opportunity to represent the City. 4. DISCUSSION REGARDING FEE SIMPLE INTEREST CONVEYENCE OF PROPERTY: Public Works Director Strain explained some properties were transferred to Tamarac via Broward County who obtained the property via tax delinquencies. The properties are scattered throughout the City and some are not buildable lots or are part of HOA developments, and should be returned to the rightful owners. Public Works Director Strain said he would meet with the HOAs affected then come back to the Mayor and City Commission with a resolution for their approval to quit claim the properties back; there are 10 properties involved. City Attorney Goren explained escheated November 20, 2006 City Commission Workshop Page 5 of 6 properties and spoke of an Attorney General Opinion this past year that disagreed with the County's decision to try to direct cities on how to deal with these properties. Many of the properties scattered throughout the city are liabilities to the city and the resolution that will come before the Mayor and City Commission gives the city the authority to give the property back to the owners and eliminates liability from the city. Vice Mayor Portner asked if the properties are of any value to the city and Public Works Director Strain said those that will be deeded back to the owners are of no value to the city. Vice Mayor Portner spoke of an ordinance he has recently become aware of in Hazleton, Pennsylvania, regarding prohibiting illegal immigrants from working or living in that city, and asked if there are any illegal immigrants living in Tamarac and if they are creating any disturbances. BSO Chief Dugger said there are some that reside in Tamarac, and we find out about them if a disturbance is created. Vice Mayor Portner said we are all aware of problems that exist in this country and since the federal government does not take specific action, he wondered if the cities could enact an ordinance such as the one recently enacted in Pennsylvania. BSO Chief Dugger said an ordinance could be enacted but whether it is enforceable remains to be seen. Vice Mayor Portner asked how we could find out how many illegal aliens live in Tamarac and BSO Chief Dugger said maybe through the U.S. Census report. Commissioner Sultanof confirmed Item No. 8 on the regular agenda applies to the entire city and any developer who comes into the city to build a hotel will have to comply with this ordinance. Commissioner Sultanof said he does not frown upon development in Tamarac and the developers who have built here are happy to be here. This commission is advised by the City Manager's office, but final decisions are up to the Mayor and City Commission. Commissioner Dressler proposed that BSO Deputy Tephford be commemorated with a plaque to be displayed at the District VII sub station or another appropriate location, and a ceremony similar to that which was held for Norman Abramowitz be held for Deputy Tephford. City Manager Miller said if that is the will of the Mayor and City Commission the City Manager's office will begin work on this. All were in agreement. City Attorney Goren introduced Tulu Bashishighbin, one of the attorneys working out of his office. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 11:55 a.m. Marion Swenson, CMC City Clerk 1 November 20, 2006 City Commission Workshop Page 6 of 6