HomeMy WebLinkAbout2006-12-11 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
NOTICE OF WORKSHOP MEETING
CITY COMMISSION OF TAMARAC, FLORIDA
MONDAY, DECEMBER 11, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the
City Commission to order on Monday, December 11, 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.
1. DECEMBER 13s 2006 AGENDA ITEMS:
a. Item No. 6(b). APPOINTING ONE RESIDENT TRUSTEE TO FIREFIGHTERS'
PENSION BOARD: (TR11076) Appointing one resident trustee to the Firefighters'
Pension Board to serve a two-year term ending January 8, 2009. City Clerk Swenson
appeared. All were in agreement to reappoint Dorothy Cummings as the Resident
Trustee to the Firefighters' Pension Board, City Clerk Swenson said she would revise
the resolution to include Ms. Cummings' name for Wednesday's meeting.
b. Item No. 6(c). APPOINTING ONE RESIDENT TRUSTEE TO POLICE PENSION
BOARD: (TR11077) Appointing one resident trustee to the Police Pension Board for a
two-year term ending January 8, 2009. City Clerk Swenson appeared. Commissioners
Sultanof, Dressler, Atkins -Grad, Vice Mayor Portner and Mayor Flansbaum-Talabisco
said Mr. Rothman's credentials were exemplary. All were in agreement to appoint Mr.
Charles Rothman as the Resident Trustee to the Police Pension Board. City Clerk
Swenson said she would revise the resolution to include Mr. Rothman's name for
Wednesday's meeting.
C. Item No. 6(k). YOUTH SPORT LEAGUES AGREEMENTS: (TR11107)
Approving the form agreement with the City's Youth Sport Leagues to provide for
organized youth sports activities in the City of Tamarac; delegating the authority to the
City Manager to approve future agreements with the Sports Leagues; further authorizing
the appropriate City officials to execute such agreements between the City of Tamarac
and the City's Youth Sport Leagues. Parks and Recreation Director Warner and
Recreation Superintendent Zimmer appeared. Director of Parks and Recreation Warner
explained this is a form agreement for the Tamarac leagues since TAF voted not to
renew its contract with the City, beginning January 15 - We are looking at direct
agreements between the City of Tamarac and the individual leagues and the resolution
will delegate future authority to enter into these agreements to the City Manager.
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Recreation Superintendent Zimmer provided a history of the youth and adult sports
programs, the reason for dissolution of TAF, and the benefits if the City of Tamarac
takes over responsibility. Recreation Superintendent Zimmer explained the transition
and said the Recreation Superintendent will be the primary point of contact and
individual sports will be assigned to current Recreation Programmers as liaisons. A
mandatory volunteer training program is being developed through NRPA to focus on
dealing with youths. Recreation Superintendent Zimmer said some funds in the existing
bank account were used for concession stand equipment and the remaining funds are
being donated to the City for background checks. Recreation Superintendent Zimmer
added for year 1 the fiscal impact will be about $4,000.00 for background investigations
and in year 2 it will drop to about $3,000.00. It is estimated that staff costs will be about
$15,010.32 for 5 employees @780 hours. Director of Parks and Recreation Warner
said the estimated first year costs for background checks have gone down since the
staff memo was prepared because we were informed the Youth Football league is run
through PAL. The agreements will include insurance and indemnity language.
Commissioner Sultanof asked if additional staff will be needed and Director of Parks
and Recreation Warner said at this time we are using existing staff and we will evaluate
staff needs at budget time. Commissioner Sultanof questioned fees offsetting costs and
Director of Parks and Recreation Warner said fees are based upon what is needed to
run the leagues, such as uniforms, officials and insurance. City Manager Miller
explained the agreements between the City of Tamarac and the leagues will spell out
the responsibilities of the leagues and the City. Commissioner Dressler questioned the
league covering indirect costs and Director of Parks and Recreation Warner said it goes
back to the philosophy of how the City wants to handle it; it is recommended the City
take charge of the programs. If the leagues pay the City back for staff hours, these
costs will then be passed on from the leagues to the participants, which will result in
increased registration fees. Commissioner Dressler questioned the fact that there was
no distinction in the agreement between the leagues and participants and City Attorney
Goren said this language may need to be tweaked to include additional protection for
the City. Vice Mayor Portner questioned the reason BSO is no longer performing
background checks, and Director of Parks and Recreation Warner said BSO only
performs cursory background checks. Mayor Flansbaum-Talabisco said every year she
receives many calls from parents who want this to happen; they see it as a win -win
situation and this is a positive way to resolve recurring issues. Mayor Flansbaum-
Talabisco said she sees this as adding another program to our roster and believes this
will be successful and the leagues will grow. An evaluation will have to be done
regarding the need for additional staff. Mayor Flansbaum-Talabisco asked for a review
of the fiscal impact and Director of Parks and Recreation Warner said the $23,000 may
reduce to $19,000 based on information he received regarding background checks,
which must be done every three years. The background checks are more
comprehensive than those done in the schools; they will be similar to background
checks for City employees. Mayor Flansbaum-Talabisco asked for periodic updates.
d. Item No. 7. AMENDING SECTION 10-183 OF THE CITY OF TAMARAC CODE
OF ORDINANCES — MINIMUM DESIGN CRITERIA FOR CUL-DE-SACS: (TO2128)
Motion to adopt Ordinance on first reading amending Chapter 10 entitled, "Land
Development Regulations", Article V, "Improvements", Division 2, "Roads and Public
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Rights -Of -Way", Section 183, "Minimum Design Criteria", of the Code of Ordinances of
the City of Tamarac, Florida to revise the minimum design criteria for cul-de-sacs;
providing for findings and conclusions evidencing the intent of the City Commission to
revise the aforesaid design criteria (Case No. 17-Z-06); providing for codification.
Deputy City Manager/Interim Director of Community Development Cernech and
Planning and Zoning Manager Ross appeared. Deputy City Manager/Interim Director
of Community Development Cernech explained we are no longer doing residential
development on a large scale from the ground up; we are now into mainly infill and
redevelopment, which presents different obstacles to our code. When building new
subdivisions, 600' for a cul-de-sac is a good standard. For redevelopment and infill the
600' could present problems. We looked at other cities and found our minimum design
criteria are very conservative. The City Engineer, Fire Marshall and Deputy City
Manager/Interim Director of Community Development Cernech agree there is no longer
a need for conservative limitations. Some cities, such as Coral Springs, Lauderhill and
Sunrise, have no maximum. We recommend a maximum of 1,500' with a caveat that a
greater length can be requested if the City Engineer, Fire Marshall and Director of
Community Development agree. Deputy City Manager/Interim Director of Community
Development Cernech added page 3 of the ordinance will be replaced due to an
inconsistency between the staff memo and the ordinance. Commissioner Sultanof said
he is in favor of this ordinance. Vice Mayor Portner asked why Tamarac does not
incorporate 'no maximum footage' so as not to limit developers, and Deputy City
Manager/Interim Director of Community Development Cernech explained the reason for
the 1,500' was a technical one; when we do residential planning, we do not want cul-de-
sacs that go on forever; we will, however, allow developers to go beyond that if in our
professional opinion there are no obstacles to the health, safety and welfare of the
community and the people who reside on the cul-de-sacs. Beyond 1,500' we run into
questions of public infrastructure and safety. Our fire apparatus must be able to
navigate the streets, and in the instance of redevelopment with regard to utilities it may
create an issue to tie new infrastructure into that which is existing.
e. Item No. 8. CONSOLIDATED ANNUAL PERFORMANCE EVALUATION
REPORT(CAPER)FOR FY ,2005-2006: (TR11083) Motion to approve Resolution
approving the Consolidated Annual Performance Evaluation Report (CAPER FY 2005-
2006) for the U.S. Department of Housing & Urban Development (HUD)'s Community
Development Block Grant (CDBG) Programs for HUD's Fiscal Year 2005-2006; Case
No. 17-MI-06. Deputy City Manager/Interim Director of Community Development
Cernech, Housing Administrator Bauldree, and Housing Coordinator James appeared.
Deputy City Manager/Interim Director of Community Development Cernech said there
are two goals for the CDBG Program; to maintain a supply of affordable housing units
and provide public services and support for seniors in the City of Tamarac. We have
not been as successful over the past few years providing housing assistance as we
would have liked to have been. The City used outside consultants to administer the
program, because we thought, at the time, it would be more efficient. Housing
Administrator Bauldree said there have been a lot of issues in our housing program;
many of which are beyond our control. Now that this division is fully staffed we have the
ability to make our programs more available to the community. Mayor Flansbaum-
Talabisco questioned Target Areas and Housing Administrator Bauldree explained
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communities set aside after the 2005 hurricane season, due to extreme damage.
These residences can receive an additional $10,000 in funding. Housing Administrator
Bauldree said applications are going out on a regular basis and the Tamarac
Community Center has been helpful providing residents blank applications. Much
marketing has been done to advertise our programs and there has been a surge of
educational programs to make residents aware that the programs are available.
Additionally, the Housing Division of Community Development is working on a
handbook for purchasing a home, budgeting tips and a spending plan. Deputy City
Manager/Interim Director of Community Development Cernech said this is a good
update as to where we are today and we intend to bring good news to the Mayor and
City Commission in the future. The Mayor and City Commission regularly pass a
resolution authorizing expenditures under this program, which will be brought to the
Mayor and City Commission in the future along with amendments making it easier for
the community to access the money. The cost of construction has increased since the
last time such a resolution was approved and we may have to increase the amount of
our awards. Deputy City Manager/Interim Director of Community Development Cernech
acknowledged assistance from Community Development Staff and the Finance
Department in bringing our program to this successful point. Vice Mayor Portner
suggested those who oppose progress in Tamarac read the report. Commissioner
Dressler said he does not want to see money left unused and asked if meeting the
deadlines for distributing the funds ties in with our Sterling plan. City Manager Miller
said we benchmark everything we do and we will be tracking this program as well.
Housing Administrator Bauldree explained a portion of the money is still available but
much of the $2 million is committed, and we are well on the way to assisting
homeowners in Tamarac. Commissioner Sultanof congratulated staff on a good job.
Vice Mayor Portner asked how bad the Vanguard Village and Southgate Gardens areas
are at this point. Commissioner Atkins -Grad said in Vanguard Village not long ago
about 40 homes were uninhabitable, and there are still 20 families unable to live in their
homes. Mayor Flansbaum-Talabisco spoke about Neighbors Assisting Neighbors and
the Community Christian Church assisting the residents. Additionally, the Mayor and
City Commission's community outreach helps people meet with the County and State
entities for assistance. Commissioner Dressler said in Southgate Gardens there are
108 units uninhabitable. Vice Mayor Portner asked about developers going in and
redeveloping these areas. City Manager Miller spoke of various scenarios that might
deter this from happening and said the City is assisting where it can. Commissioner
Atkins -Grad said the property appraiser's office also assisted by allowing those
displaced to only pay taxes on the land rather than the home. Vice Mayor Portner
suggested a Town Hall meeting with the residents to explain options. City Manager
Miller said the city will hold neighborhood meetings and try to identify strategies to
encourage the influx of private money. Commissioner Atkins -Grad said it is hard to
imagine demolishing neighborhoods. Commissioner Dressler said in Southgate
Gardens we are dealing with people with multiple issues and differences, such as
cultural and linguistic; there are legal restrictions and restraints on City government
getting involved in contractual agreements with individual parties. This may be an
economic development issue that impacts the tax base of the city. Perhaps the
economic development foundation can be brought into play. We are doing everything
the City can do at this time and encouraging outside developers may be perceived by
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the legislature as circumventing eminent domain. City Attorney Goren spoke of the Kilo
case and the inability of government to take privately owned land and reassemble for
private use. City Manager Miller said our Building Department has done a yeoman's job
working with private contractors and insurance companies for rehabilitation of dwelling
units. City Manager Miller said he would submit a report to the Mayor and City
Commission. Commissioner Sultanof said the federal government, with all its money,
has not been able to clean up New Orleans; we are a local government with limited
finances and laws. While our hearts reach out to these people, we are doing everything
we can within the restraints placed upon us. We do not have the ability, legally or
otherwise to bring in a developer and disburse an entire community. There are isolated
pockets in the City that need attention and we should concentrate on these.
Commissioner Dressler suggested when Senator Ring appears before the Mayor and
City Commission on Wednesday evening we should ask him to explain what he can do
to help us around these issues. Vice Mayor Portner said we are only limited by our
imagination. Mayor Flansbaum-Talabisco said this board always touches on important
points. From the time Wilma struck to date, these communities have come a long way,
but not far enough. We have legal limitations but we can do better. Mayor Flansbaum-
Talabisco asked for an update from staff as well as creative ideas, and said she defers
to staff to take what Vice Mayor Portner said and within legal limits to see how much
more we can do. City Attorney Goren spoke of the pending Lynch Bill and Mayor
Flansbaum-Talabisco suggested the City Manager Miller talk to Lobbyist, Ron Book.
f. Item No. 9. ANNEXATION OF THAT PORTION OF UNINCORPORATED
BROWARD COUNTY KNOWN AS THE BONIELLO GARDENS PROSPECT BEND
CONTINENTAL PLAZA ANNEXATION AREAS: (TO2127) Motion to adopt Ordinance
on first reading submitting to referendum the annexation of that portion of
unincorporated Broward County known as the Boniello Gardens, Prospect Bend,
Continental Plaza Annexation Areas, legally described in Exhibit "A" which is attached
hereto; providing for notice of advertisement of the referendum election to be published
in accordance with the laws of the State of Florida, the Code of Ordinances, and the
Charter of the City of Tamarac, Florida; providing that this Ordinance, when adopted,
shall be submitted to the qualified electors of the area proposed to be annexed, on the
March, 2007 election ballot, and shall become effective as provided by the law;
providing for the place and places where said election is to be held. City Attorney
Goren and Economic Development Officer Berns appeared. Economic Development
Officer Berns gave an update on the annexation and said petitions have been collected
for the commercial area as well as the residential area, which enables us to take the
next step in the process, a vote of the residents in the area. Economic Development
Officer Berns thanked the City Attorney's office for their assistance. City Attorney
Goren said the ordinance parallels the path of the state legislative delegation and the
local Bill. Hearings will be held on December 18 and 21 on the local Bill. If the
ordinance becomes effective, an election will be held in 2007 and based on the
outcome of the election, annexation will take place September 2007. If the annexation
has to go through the Bill process, annexation will take place September 2008.
Economic Development Officer Berns' diligence with the petitions and support from the
residents in the affected area has put us in a positive place.. The only open issue at this
point is mail ballot vs. live election. The Broward County Supervisor of Elections has
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determined there will be no mail ballot while there is a live election in the County, and as
such, the ordinance may be tweaked to reflect a change in the election date for mail
ballot, which is less costly than a live election. Vice Mayor Portner questioned the tax
base for the commercial property involved and Economic Development Officer Berns
said he would get that information. Commissioner Sultanof said he is delighted we are
moving in this direction as we have missed many opportunities in the past, but his
concern is the infrastructure and he would like written confirmation that the County will
tend to the infrastructure. Commissioner Sultanof commended Economic Development
Officer Berns and City Attorney Goren for their efforts. Mayor Flansbaum-Talabisco
questioned the two public hearings at the Broward Delegation and City Attorney Goren
confirmed the first on the 18th is to read the Bill and the second on the 21 " is a public
hearing at which representatives from the City should be present.
g. Item No. 10. AMENDING THE CITY OF TAMARAC CODE OF ORDINANCES
BY CREATING A NEW CHAPTER ENTITLED "S-2 RECREATIONAL DISTRICT":
(TO2124) Motion to adopt Ordinance on second reading creating a new chapter within
the City of Tamarac Code of Ordinances entitled, "S-2 Recreational District"; providing
for findings and conclusions evidencing the intent of the city commission to create the
aforesaid zoning category with its attendant uses, responsibilities and opportunities;
providing for definitions; providing for scope; providing for purpose and intent; providing
for multiple zoning requirements; providing for permitted uses; providing for general
regulations; providing for landscape requirements; providing for building/structure
heights; providing for plot size; providing for walls and fences; providing for design
criteria (Case No. 15-Z-06); providing for codification. Vice Mayor Portner passed on
discussion of this item.
Mayor Flansbaum-Talabisco asked for an update with regard to Item 6(m) on the
consent agenda. TERMINATION OF CONTRACT BETWEEN CITY OF TAMARAC
AND SEAWOOD BUILDERS FOR CONSTRUCTION OF AQUATIC CENTER:
(TR11112) Terminating the contract between City of Tamarac and Catalfumo
Construction, L.L.C. d/b/a Seawood Builders for construction of the Caporella Aquatic
Center; making certain findings and conclusions; authorizing the City Manager, City
Attorney, and authorized City staff to take appropriate actions consistent with this
Resolution. Public Works Director Strain and Director of Parks and Recreation Warner
appeared. Public Works Director Strain said this is on the agenda due to
insurmountable problems with the contractor. We initiated the 30 day notice on
November 1, and the next step is to terminate the contract. Because of agenda
requirements and deadlines, this item was placed on the agenda. The letter sent to the
contractor served its purpose and much progress has been made in the last 30 days.
Director of Parks and Recreation Warner agreed most of the outstanding issues have
been rectified. Public Works Director Strain said it is our intention, unless something
catastrophic occurs in the next few days, to pull this item from the agenda. Director of
Parks and Recreation Warner spoke of a soft opening for the Aquatic Center in the near
future, as some schools are scheduled to begin swim lessons in February.
Commissioner Dressler questioned incentives for completion prior to anticipated
completion date or, in the alternative, disincentives. Public Works Director Strain said
there are no incentives for early completion but there are penalties for late completion.
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City Attorney Goren said due to the potential of adopting the resolution on Wednesday,
he would suggest the matter not be discussed during this public forum.
2. DISCUSSION RE: SOLAR ENERGY: Vice Mayor Portner spoke of the rising
cost of fuel and utilities and questioned the ability of the City to come up with an
incentive plan for Tamarac residents who install solar panels in their homes. City
Manager Miller said this could be looked into from a staff and legal perspective, in order
to determine the City's authority in this matter. City Manager Miller said he would also
research the franchise agreement with FPL to make sure we have the authority to
provide incentives, and he would bring back a report in a few weeks. Commissioner
Dressler echoed Vice Mayor Portner's concern about energy and fossil fuel usage, and
also asked staff to look into the use of bio-fuels for city equipment and machinery.
Mayor Flansbaum-Talabisco asked that hybrid vehicles also be looked into.
Commissioner Atkins -Grad said while she was in Reno she noticed that extended stay
motels do not change linens for guests during their stay unless specifically asked to do
so, in the spirit of water conservation. Mayor Flansbaum-Talabisco suggested
Commissioner Atkins -Grad call the managers of extended stay motels in Tamarac to
see if they would consider adopting this type of conservation, or, if in fact, they already
subscribe to this method. Vice Mayor Portner thanked Assistant City Manager Phillips
for the backup to this item.
3. DISCUSSION RE: CREATION OF MAIN STREET RESTORATION PROJECT
SPECIAL ASSESSMENTS: Financial Services Director Chapman and City Attorney
Goren appeared. Financial Services Director Chapman said we need to look at options
to fund infrastructure improvements (roads, sidewalks and under grounding of electric
lines) for our Main Street Project along 57th Street from 94th Avenue to Pine Island
Road. Currently, we have $1.5 million in our CIP designated for infrastructure and the
actual cost is upwards of $6 million. In essence, we have a $4.5 million shortfall. The
question is "who pays"? If the money comes from the general fund then all the
taxpayers in the City of Tamarac will have contributed to the fund for specific
improvements for a specific district, even though people from other cities will enjoy the
benefits of the project. It may be unfair if the entire city pays for this. Financial Services
Director Chapman recommended a Special Taxing District for the property owners; debt
out 20-30 years and the assessment will be on the tax bills each year; as property is
sold, a discounted amount is paid to the assessment. The Mayor and City Commission
will have to pass a resolution allowing for assessments; the property appraiser has
extended the deadline from January 1 to March 1. The item is currently on the County
Commission meeting agenda for December 12, for the Commissions' approval. At this
point, Financial Services Director Chapman asked for an expression of interest to move
forward with a study by an outside firm for specific costs for each individual property
owner. Vice Mayor Portner said he is not in favor of a special assessment. Mayor
Flansbaum-Talabisco questioned the need for a consultant and Financial Services
Director Chapman said an independent outside consultant gives confidence to
everything that is looked at with an eye to fairness to each individual taxpayer. Mayor
Flansbaum-Talabisco said the city is trying to contribute as much as possible and we
have $1.5 million set aside. We are also looking for money from Washington. If things
go according to plan we could come up with more money and this equation can change.
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City Attorney Goren said the Mayor and City Commission could reduce the assessment.
Mayor Flansbaum-Talabisco asked for an expression of interest to move forward with
an independent study and all were in agreement except for Vice Mayor Portner.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the workshop meeting at 12:05 p.m.
Marion Swenson, CMC
City Clerk
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