HomeMy WebLinkAbout1999-04-12 - City Commission Workshop Meeting Minutes1
CITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, APRIL 12, 1999
CALL TO ORDER: Mayor Schreiber called the workshop to order on Monday, April 12,
1999, at 9:30 a.m. in Conference Room #1 of Tamarac City Hall, 7525 NW $$t" Avenue,
Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Commissioner Edward C. Portner, Commissioner
Karen L. Roberts and Commissioner Marc L. Sultanof
ABSENT AND EXCUSED FOR CAUSE: Vice Mayor Larry Mishkin
ALSO PRESENT: Robert S. Noe, Jr., City Manager, Mitchell S. Kraft, City Attorney, Tim
Hemstreet, Assistant City Manager and Carol Gold, City Clerk
1. Ila Feld — Cable TV Ordinance: Assistant City Manager Hemstreet gave a
presentation, and said the draft revision to the Cable Ordinance is regulatory, and the
Franchise Agreement extension is specific to the provider. Telecommunications
Counsel, Ila Feld, explained that the Telecommunications Act of 1996 removed barriers
between telephone and cable companies, and the revision to the Tamarac Cable
Ordinance limits the Ordinance to Cable. Ms. Feld recommended the use of two (2)
documents, one for the local law and one for the franchise agreement, and said that
MediaOne is undergoing changes in management, and during the course of
negotiations it is expected that Comcast will buy out MediaOne. Therefore, in addition
to the Franchise Renewal, the City will also be dealing with a transfer of ownership.
Mayor Schreiber questioned the 2 documents, as well as broad banding and the affect
the new ordinance will have on the franchise agreement. Ms. Feld responded.
Commissioner Sultanof questioned whether the City has the right to review or
arbitration, and asked what the time frame is for the extension. He also questioned the
5% cap, and asked if that is being passed on to the consumer. Both Commissioner
Sultanof and Mayor Schreiber expressed an interest in leaving the franchise fee at 3%.
Ms. Feld said the extension is until September 20, 1999, and added that the ordinance
indicates the fee is not to exceed 5%, and federal law says that the Cable Company can
pass along the franchise fee to the consumer.
Commissioner Roberts said she would rather MediaOne pass along the fee to the
consumer than the City, and Mayor Schreiber agreed.
Commissioner Portner asked for an explanation of Section 253, and Ms. Feld
responded.
Mayor Schreiber requested a copy of the- FCC regulations for condominiums.
Commissioner Portner asked if the City can limit cable increases and questioned the
feasibility of the City putting up its own dish since he believes the Cable Company has
become a monopoly. Mayor Schreiber explained that the current provider has the
infrastructure.
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Commissioner Roberts asked how Internet and telephone rates would be affected.
Mayor Schreiber asked if the Cable Company has the ability to pass on costs to the
public. Ms. Feld responded that the provider does have the ability to pass the costs on
to the public, but Tamarac is in possession of a 1995 letter from Ellen Filipiak, that
states because of the Social Contract, the Cable Company will not pass the costs to the
public.
Mayor Schreiber added that the biggest complaint of the consumers is that Cable TV is
costing them more each year. Mayor Schreiber asked what the rules are regarding bulk
billing and Ms. Feld responded. Commissioner Roberts said the condominiums usually
need 100% approval to qualify for bulk rates.
2. Mitchell Ceasar, Lobbyist: Mr. Ceasar spoke about the $120,000 appropriation
for Caporella Park, the Highway Beautification Grant for the Commercial Boulevard
Corridor, and the new school. Mr. Ceasar said he is looking at block grants for
Tamarac. Mayor Schreiber said that by sitting on the Community Development
Committee, he sees a lot of applications for grant money, but very few from Tamarac,
and maybe the City should look into hiring a grant person to work on getting more
money for Tamarac.
Commissioner Portner asked for clarification on what constitutes Eastern Tamarac, and
Commissioner Roberts asked if any money is available through the Eastward Ho
program. Mayor Schreiber said the small strip of Tamarac designated in this area was
probably done so because it is next to Ft. Lauderdale.
3. 4/14198 Agenda Items:
a. Item #11, Temporary Resolution #8592, authorizing the settlement of the
Irene Z. Scott liability claim in the amount of $50,000 of which the City's portion is
$25,000 with the balance paid by the City's insurance company.
Assistant City Manager Hemstreet gave a presentation. Mayor Schreiber asked
if the City will get insurance money toward the settlement, and Assistant City
Manager Hemstreet said the City will pay $25,000 and insurance will pay
$25,000.
Item #7d, Temporary Resolution #8582, authorizing the appropriate City Officials
to accept and execute the Addendum to the Water and Sewer Developer's
Agreement with Parkwood at Colony West, Inc., for the Parkwood at Colony
West project, located at Lagos De Campo and NW 615t Street, with regard to
responsibility and expenses in the closure and abandonment of an existing water
main, and installation of a new water main.
Mayor Schreiber asked how the figures are determined, and Utilities Director
Woika gave a presentation. Mayor Schreiber asked if, when lines are deeded to
the City, the City checks to make sure the lines are where they should be, and
said that this is a developer's problem and he does not feel the City should pay.
Mr. Woika replied that since he has been working for the City, these things have
been checked.
Commissioner Portner asked if there are any records from 1980, and Mr. Woika
said they relied on as-builts and easement records.
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Item #7J, Temporary Resolution #8591, authorizing the appropriate City Officials
to release a Public Improvement Warranty Bond in the form of an Irrevocable
Standby Letter of Credit #1157 from Pointbank, in the amount of $1,115.00 for
the Water Distribution System Improvements, installed by Prospect Commercial,
Inc., for the Bagelmania Project, located on the southwest corner of Commercial
Boulevard and Prospect Road.
Mayor Schreiber said he is protesting the refund of the money because the
money was deposited in a traffic improvement fund, not a signal light fund.
Assistant City Manager Hemstreet and Finance Director McGarrity explained and
recommended refunding the money.
Commissioner Roberts said the City did not pay for signal lights at that
intersection, the money was for lights as needed within the City.
Mayor Schreiber said the procedure is faulty and the money should not be
refunded. Assistant City Manager Hemstreet said the City is following its
Ordinance.
Commissioner Sultanof questioned how the City made the entry, and
Commissioner Portner said we have set a precedent, and even if it is a clerical
error, the City remains responsible. Commissioner Roberts asked how many
more refunds are pending, and Finance Director McGarrity said less than 10.
Commissioner Portner said it appears that some attorney has researched this
area and is moving forward with it.
Item #7K, Temporary Resolution 8583, authorizing the purchase of office
furniture from Thomas W. Ruff & Co., in the amount of $21,000.00 under Florida
State Contract #425-001-97-1 to address the necessary changes in the City
Manager's office layout.
Mayor Schreiber questioned why the City Manager's office needs $21,000 worth
of furniture. Assistant City Manager Hemstreet explained.
Mayor Schreiber said possibly the City is hiring too many people if there is not
have enough space, and since we are responsible for public funds, we should
look at our spending more carefully, and noted the security system expenditure.
City Manager Noe responded that on other occasions, the Commission said
employees are very important to this City. Mayor Schreiber replied that he
understands the employees are important, and wants to create a good employee
climate. Commissioner Portner suggested adding on to City Hall. Commissioner
Portner said this type of furniture is well worth the cost, and Commissioner
Roberts asked if the old systems could be used in other offices. Assistant City
Manager Hemstreet responded in the affirmative.
Mayor Schreiber questioned Item #7L, Temporary Resolution #8573, authorizing
the appropriate City Officials to refund traffic signalization impact fees paid to the
City by Piccadilly Cafeterias, Inc., in the total amount of $13,000.00.
Finance Director McGarrity said the State of Florida put this traffic light in, not the
City.
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Item #7M, Temporary Resolution #8537, authorizing the appropriate City Officials
to exercise the option to renew the Agreement between the City of Tamarac and
Westway Towing, Inc., for furnishing towing services for a two year period
beginning January 1, 1999 through December 31, 2000.
Mayor Schreiber said Westway Towing has held the City's towing franchise for
the past 8-10 years and they have done a good job. In the future, Mayor
Schreiber suggested we compare costs and services with other cities rather than
go out to bid.
Commissioner Roberts said a lot of people have commended Westway Towing
and asked if during the next 2 years we can renegotiate for another extension,
and Mayor Schreiber asked why the extension could not be made for 5 years.
City Attorney Kraft said we are building upon an existing contractual agreement
and extending the contract for 2 years, and during this 2-year period we can look
into the agreement.
Commissioner Portner said he did not think it possible to find a better
businessperson in the City of Tamarac than Mr. Goldstein of Westway Towing.
Mayor Schreiber questioned Item #7N, Temporary Resolution #8575, approving the
purchase of microfilming services from Lason Systems, Inc., utilizing the Broward
Governmental Cooperative Purchasing Group Bid #B-98-74 for a total not to exceed
Thirty -Five Thousand Dollars ($35,000) annually, approving funding from the
appropriate accounts.
City Clerk Gold responded indicating the service is intended to relieve some of the
storage being utilized offsite. Commissioner Sultanof asked how much the City pays
for storage and if this microfilming would do away with the storage. City Clerk Gold
replied $1,000 per month and the City will always have some storage needs.
Mayor Schreiber questioned Item #8. Temporary Resolution #8590, receiving the
document "Major Issues II" as presented by the City Manager, Department Directors,
and Staff. He asked where the document is, and City Manager Noe responded the
Commission would receive it on Wednesday.
Item #10 Temporary Ordinance #1849, amending Article II. Franchise
requirements and Responsibilities, of the City of Tamarac Cable Television
Ordinance to clarify customer service authority, implementing a system of
refunds and fines for violations of the Ordinance, increasing the Franchise Fee
from 3% to 5%, and other amendments to update the Ordinance to current law
and technology.
Mayor Schreiber objected to increasing the fee beyond 3%. City Manager Noe said
the 3%-5% provides for flexibility. Mayor Schreiber and Commissioner Sultanof said
they wanted the 5% removed from the Ordinance, and the wording to be changed.
Assistant City Manager Hemstreet noted that neither 3% nor 5% were in the
Ordinance title.
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Commissioner Roberts said she wanted to make a presentation of a savings bond to
a child for hockey, but it is not on the agenda. Mayor Schreiber said she could add it
at the meeting.
4. Political Signs_— Commissioner Portner: Commissioner Portner said he is
disturbed that some signs were removed from the polling places on Election Day,
and felt this was unfair. Code Enforcement Manager Diemer said Code
Enforcement removes signs that are in the rights -of -way. Signs in polling places are
more a part of the election process, and there are more signs without permits than
other times. Some signs were removed from polling places in the rights -of -way in
error, and some signs that were taken down should not have been, and apologies
were made.
Commissioner Sultanof said there is a 50 ft. requirement to keep signs away
from entrances to polling places governed by the Supervisor of Elections, and the
City Clerk can monitor this.
City Attorney Kraft said this is a sensitive area because Code Enforcement
parameters are laid out in the Code.
Mayor Schreiber said historically signs were not touched on Election Day. City
Manager Noe said staff does not want to interfere with the political process, they
just want to enforce the Code and whatever laws the Commission wants will be
put on the books and enforced.
Mayor Schreiber asked the City Attorney to draft an ordinance stipulating that on
Election Day political signs are permitted at polling places.
City Attorney Kraft said we must be careful about rights -of -ways and safety
issues, and he felt that this item needs further discussion.
5. BRACE Scholarship Fund -Commissioner Roberts: Commissioner
Roberts said it has come to her attention through School Board Member
Stephanie Kraft, that there is an opportunity for Tamarac to give students a 2-
year $2,500 scholarship to Broward Community College. This is a matching fund
scholarship, and if the City puts in $2,500, BRACE will put in $2,500, and the City
will then be able to give 2-year scholarships to two (2) students.
City Manager Noe asked if Commissioner Roberts wanted to do this in June or in
the next budget year, and Commissioner Roberts replied she wanted to do this in
June 1999.
Commissioner Roberts said she is going to the School Board public hearing on
April 20, 1999, and requested the City to provide transportation for anyone who
wants to attend. Social Services Coordinator Stadlen said she would provide two
(2) buses and two (2) drivers. Commissioner Roberts said she would have a
better idea of how many people were going to attend from the City after her task
force meeting.
Mayor Schreiber asked about the status of the cable permitting fees, and City
Manager Noe responded. Commissioner Roberts said she is opposed to
increasing the franchise fees, and Commissioner Portner confirmed that the City
had stopped MediaOne from working.
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There being no further business, Mayor Schreiber adjourned the workshop
meeting at 11:30 a.m.
Carol Gold, CMC/AAE
City Clerk
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