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HomeMy WebLinkAbout1992-06-11 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting 06/11/92/elo Page 1. CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING THURSDAY, JUNE 11, 1992 CALL TO ORDER: Mayor Bender called this workshop meeting to order on Thursday, June 11, 1992 at 9:30 a.m. in Conference Room # 1 of Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PRESENT: Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber ALSO PRESENT: John P. Kelly, City Manager Dina McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Mary Blasi, Finance Director Ellen Wood, Secretary 2. Discussion on proposed cellular tower. Mayor Bender said this item would be discussed first since the applicant and his attorney are present. Mr. Kelly said this issue has been on the back burner and never resolved and a determination has to be made. Mr. Kelly said the principle term at that time was that the City would provide a location and they would provide a tower to continue Bell South Mobility connections. He said originally the City dicussed placing the tower behind the police station. He said Mr. Gabriel proposed a $10,000.00 annual fee to the municipalities that do participate and a right for the City to tie into the tower with its own communication system. Mr. Gabriel said they were originally looking at the utility site and the City directed them to look elsewhere. Be said they looked at the northeast quadrant of the City at the time and settled on the City Hall area. He said a proposal was sent to the City stating they would either pay the City $10,000.00 for the use of the property or air time services equal to $20,000.00 a year and they had an arrangement with cellular phones equipment. He said there are about five municipalities in Broward County that have the same proposal on the table. Mr. Gabriel said since they have not heard from the City, they have located another communications facility in south- east Coral Springs. He said they need to know whether the City has an interest and, if so, to find. a location that would be useful to both them and the City. C/M Abramowitz asked if the utility area on Nob Hill Road would fit their needs. Mr. Kelly said there are several problems with this location. He said approval would be needed from the Pritzker Organization. He said the lines along the Sawgrass Expressway are going to impede it. Mr. Gabriel said because of the other facilities that they have been able to secure, the further west the land is the better. City Council Workshop Meeting 06/11/92/elo Page 2 C/M Abramowitz said he was interested in getting a $10,000.00 annual fee but it has to be weighed against the location. Mr. Gabriel said the location at the police station may no longer work for them but is a decision the engineers have to make. C/M Katz said the City turned down the cellular tower at the water tower before and Mr. Kelly said, yes. Mayor Bender said the engineers should find suitable locations to accomplish the objectives and give them to the City. Discussion was held on this matter. Mr. Gabriel said the last time they were looking they had a different priority area. He said times have changed. He said he did not feel that the police site would be adequate any more. C/M Schreiber asked Mr. Kelly if the disadvantages to the residents were looked into. He asked about the height of the tower and whether it would interfere with any communications and be an obstruction or eye sore. C/M Schreiber asked Mr. Gabriel if he was affiliated with Alan Ruf and Mr. Gabriel said he is not affiliated with Mr. Ruf. He said he shares space in the office with him. Mr. Gabriel said there are two types of facilities, a mono pole and a three sided tower. He said the mono pole is simply a cellular communication. He said the three sided tower is generally 150 feet and allows other equipment to be mounted on it. He said the three sided tower is the only one that could be used in the City because of the equipment that is to . be mounted on it. He showed pictures of both towers. Discussion was held on the two facilities. C/M Abramowitz said the tower would be facing the Everglades if placed in the west. He suggested that this would be a perfect spot for the tower. Mr. Gabriel said that these facilities do not interfere with communications. He said in Deerfield Beach the tower structure maintains the police, fire, emergency medical and cellular together. Mr. Kelly said on the staff review made in October, the Public Service site could be ideal for the tower. He said Leadership Housing has the first right of refusal on all uses on the land. Mr. Kelly asked if this is a viable site and C/M Abramowitz suggested the Public Works site be given to Mr. Gabriel as the City's choice for placement of the tower. Mr. Kelly said he would contact Ed Stacker and inform him that this is what the City is looking at. . Mr. Gabriel said once the site is found, specifics for the agreement can be discussed. Mr. Kelly said there are four requirements the City has to have. He said any site will require rezoning to SU (special Utility District), it requires a one acre parcel minimum but the Council can reduce that minimum, the towers are permitted to a height of 130 feet as long as it does not abut residential property and if the property abuts residential the height can be 80 feet. He said a variance would be needed from the Board of Adjustments if a 150 foot tower is needed; and any lands required for the tower would be required to be platted. He said the 340 square foot building is considered a City Council Workshop Meeting 06/11/92/elo Page 3 principle structure. Mr. Kelly said the Public Service Complex is already platted. Mr. Gabriel said the built structure remains for the City once it is no longer needed for $100.00. He said contracts are written for 25 years with 5-year increments, their option. Mayor Bender said he wants to use microwave on the tower. Mayor Bender thanked Mr. Gabriel for his time and information . 1. Discussion on Charter Amendments for November ballot. Mr. Kelly said Jane Carroll said August 31, 1992 is the last date to get Charter amendments on the September and November ballot. He said due to vacation for Council, it needs to be done now. Mayor Bender said Chairwoman Muriel Davis is concerned that the Charter Board recommendations be on the November ballot for the years and terms of office for the Charter Board. He said Council has discussed items for the referendum regarding City Council and today, Council needs to get the Charter recommendations for the November ballot. C/M Schreiber asked about the single member districts. C/M Abramowitz said he would like a separate meeting set up to discuss these items. He said he feels that separating them is the correct way. He said Council has listened but not voted to accept the Charter Board recommendations. He said this is Council's decision and a special workshop is needed for the purpose of Charter amendments in total. V/M Schumann and C/M Schreiber said this is the purpose of todays meeting. C/M Katz said the Charter Board recommendations were in the minutes of the May 7, 1992 meeting. C/M Abramowitz said the information received from the Broward League of Cities regarding the single member districts is incorrect. He said at the last meeting to have the City Clerk call Jane Carroll's office and determine what cities in Broward County do have single member districts. He asked if that information had been received. V/M Schumann asked what relevance any other City had to do with this City. C/M Schreiber said his notes show that compensation for the Charter Board would be held tit March, 1993, and Mayor Bender said Council needs to look over the recommendations and make a decision. Ms. Evans entered the meeting at 10:00 a.m. Mayor Bender said Council owes it to the Charter Board to go over each item on their list and decide what to do. C/M Schreiber said there are only two items on the list that pertain to the Charter Board, to change terms of office to 3- years and compensation to the Charter Board of $2,000.00 annually. V/M Schumann said the last election did not permit the $1,200.00. Mr. Kelly said the Charter Board should be an appointed committee with a change of duties and structure, otherwise games are being played. City Council Workshop Meeting 06/11/92/elo Page 4 C/M Schreiber asked Mr.Kelly if he ever brought anything forth as a recommendation to do what is being said or is this in the Carla Coleman report and Mr. Kelly said, yes. Mayor Bender said Carla Coleman's report gives many options and this is one of them. Mr. Kelly said on page 21 of the report is a recommendation to retain the Charter Board as an appointed body to review the Charter on an advisory basis with recommendations made to the Council for changes for the ballot. Mr. Kelly said it is not a question of abolishing the Charter Board. He said every City has a Charter Board and it is needed. He said the Charter Board's function is to review the Charter. He said this Charter Board does not perform its functions properly and is multi focused on the issue of powers related to investigation which has created problems and institutional harassment for the City. He said it has not been productive for the City and costs money. He said there is no accountability for the Charter Board to anyone and it is bad government. He said they have the ability to spend money without Council approval. Mr. Kelly said a Charter Board is needed and it should be appointed with specific direction. He said he is not in total agreement with Carla Coleman but as set up, the Charter Board does not make sense. C/M Schreiber asked if they were going to discuss Mr. Kelly's item, the Charter Board requests or single member districts. Mayor Bender said Mr. Kelly has put something on the table which will take precedence over Council making any decision if the Charter Board is going to be an appointed board. He asked for comments regarding Mr. Kelly's proposal. Mr. Kelly said all three things can be put on the ballot at the same time. Mayor Bender said one is predicated on the other and it should be made as simple as possible. V/M Schumann said to put on the ballot an appointed Charter Board and defer the terms until the voters make a decision. C/M Schreiber said he is not real happy with taking an elected body and making it an appointed body. He said it would be moving it out of the power of the citizens of the City and V/M Schumann said the electorate will make a decision, Council is just proposing it. C/M Schreiber said Council is pushing it in front of the public and spoon feeding them. He said if Council appoints it becomes a political process. He asked once the power of investigation is eliminated, what is the purpose of the Board. Mr. Kelly said the purpose of the Charter Board is to review the Charter only. V/M Schumann said do not be fearful of putting a proposal to the electorate. He said they will tell what they want. He said they are being offered a choice. Mayor Bender said a professional person was hired to make recommendations and Council is trying to put these recom- mendations in front of the public so that they can agree or disagree. C/M Katz asked if there was time to put this on the September ballot so that terms of office could still be placed on the November ballot if the Board remains elected and Mr. Kelly said it would have to be for November. City Council Workshop Meeting 06/11/92/elo Page 5 Tape 2 Mr. Kelly said last March, Pembroke Pines was the only other City in Florida that had an elected Charter Board and it was changed to an appointed Board with specific duties to review the Charter. Mr. Kelly said his concern was the accountability. He said Council does not have any accountability on the money. He said the investigation powers are a detriment. He said the Board does not have anyslihjxena power and without it there is no protection. V/M Schumann said in 90% of the cases the Board is adversarial and not conducive to good government or business for the City. Mr. Kelly said it is not a personality problem but a function and structure problem. Mayor Bender asked for a consensus of opinion for putting the Charter Board on referendum for an appointed or elected board. C/M Katz asked if the duties of the Board would have to be listed and does it have to be part of the proposal and Mr. Kelly said, yes, it is amending the Charter Board to make a change from an elected to an appointed Board providing for duties. C/M Katz said before voting he would like copies of exactly what is being voted on. Mayor Bender said the City Attorney and the City Manager will prepare the details for Council. EXPRESSION OF INTEREST: C/M Schreiber Yes C/M Katz Yes C/M Abramowitz No V/M Schumann Yes Mayor Bender Yes Mr. Kelly said if this passes, each member will complete their term and then it would phase in being appointed. He said this would be part of the explanation. Mayor Bender asked for a consensus regarding the length of terms of office for the Charter Board being on the referendum. It was agreed that it would wait until November or March. V/M Schumann asked about the single member voting districts. C/M Schreiber said it should be put on the referendum and that he is in favor of it. Ms. Evans said she called Jane Carroll's office and there are five cities in Broward County that have single member voting districts. She said they are Deerfield Beach, North Lauder- dale, Pembroke Pines, Pompano and Fort Lauderdale. She said Parkland is only one precinct. C/M Abramowitz said five or six years ago many more cities have had single member districts in Broward County and have changed to the type of voting that Tamarac has where a member of the Council runs from a particular district but runs at - large. He said the only objection he has is that it takes away the accountability. C/M Abramowitz said if District 3 had a complaint, each Councilmember would be receptive to it because everyone in the City votes. He said if he is District 4 in a single City Council Workshop Meeting 06/11/92/elo Page 6 member voting district, why would he be interested in another district. He said he feels it is a method where a person could be elected for the rest of his life. V/M Schumann said more power to them if they can remain in their own district, at least they will not filtrate into the entire City. C/M Abramowitz said it would be detrimental to the City's welfare. He said there seems to be concern about Kings Point eight or nine years down the road becoming very powerful and controlling the City. He said in all of Kings Point, the voting power is about 1,800 people so he does not see that as a problem. C/M Schreiber said Council has five members and nothing can be done without cooperation and working together. He said if a Councilman only looks out for his own district he will not be able to accomplish anything. He said with a single member voting district, they still have to be concerned with the entire City. He said a single member voting district forces cooperation. C/M Katz said he looked at the campaign reports from the past election and three candidates spent over $40,000.00 for election to offices that paid $3,600.00. He said a candidate running in a single member district could run a viable campaign for under $2,000.00. He said the inhibition of qualified people who might want to run for office but are not in a position to raise money for a campaign. He said another consideration that a viable candidate not be known in any district but his own could be the best candidate for the office. He said everyone might not have the name recognition to run at -large in the City. He said he is in favor of single member districts with the Mayor running at --large. EXPRESSION OF INTEREST: V/M Schumann Yes Mayor Bender No C/M Abramowitz No C/M Katz Yes C/M Schreiber Yes Ms. Evans suggested that Council consider that with single member districts, the cost for the ballot will increase because each district will have its own ballot. She said the March ballot cost over $8,000.00. Mayor Bender said in preparing the documentation, they should receive all the information that is needed. 3. Discussion on proposed contract for solid waste collection service. C/M Abramowitz asked Mr. Kelly if the contract was up next year and Mr. Kelly said this year. C/M Abramowitz said Council had already agreed to go out to bid this year and asked if there were any changes. Mr. Kelly said C/M Schreiber has made several references to the City starting its own garbage collection and he wants to make sure everyone is on the right track. He said there are four cities in Broward County that provide their own garbage collection as a municipal service. He said they are Deerfield Beach, Hallandale, Hollywood and Oakland Park. City Council Workshop Meeting 06/11/92/elo Page 7 Mr. Kelly gave the following information regarding the cities with their own garbage service: City Single Family Units Cost Per Month Tamarac 13,896 Deerfield Beach 6,781 $16.57 Hallandale 4,574 $14.80 Oakland Park 5,552 $14.50 Hollywood 31,500 $17.60 Mr. Kelly said Waste Management has eight vehicles that service this City and they would cost $140,000.00 with a total initial cost of $1,120,000.00. He said the direct personnel costs would be calculated at 11 operational personnel, 3 administrative personnel, dispatcher, office staff and supervisor, clerical for billing, 2 maintenance personnel and container delivery people. He said these are additional employees to the City. He said the capital costs include expenditures for land, building, equipment and renovations. He said front load containers would also be needed to service the condo accounts. He said there are also insurance variables. He said the expense would be prohibitive and there is no place to put the garbage. C/M Schreiber said it could work in this City. He said by the City doing its own, the City is no longer a hostage to Waste Management. He said the basic start up cost would be $743,000.00 for vehicles. He said the vehicles would be bonded. He said the City residents can save at least $2 million. He said it needs to be looked into very carefully. He said he feels the City is overpaying. Mr. Kelly said Hallandale has the best boundaries for City services. He said geographically Tamarac does not have those type boundaries. He said Tamarac would be prisoners of its own castle if the City did this on its own. C/M Schreiber said adjustments can be made. He said the City is master of its own fate. He said obligation to a contractor where there is no competition means acceptance to whatever is being offered. He said if the City had its own service, it would be the decision maker. Mr. Kelly said he does not feel the City has those options. He said nothing could be put in place for September 30, 1992. He said the City has to have a package out within the next few weeks. He said Council agreed that the City should go out for contract. C/M Abramowitz said the Mayor of Deerfield said it cost $28.00 to service their own trash and Mr. Kelly said that includes recycling. C/M Abramowitz said the cities that have their own trash would like to get rid of it. He suggested that the City go out for bids. He said in Lauderhill, Waste Management did not win the contract and then came back with an attractive figure. He said Waste Management does not give the City what it needs or give the information, however, if they came in with the best contract, they would get it. He said their prices and arrogance are the problem, not their services. Mr. Kelly said Ms. McDermott has a draft proposal. Ms. McDermott said these are Tamarac's rules and guidelines for a new garbage contract for the bidders. She said the last two pages of the contract are regarding the pay for only what is used philosophy. She said they are being provided with a contract similar to the MAS (commercial contract). She said they can bid on bag, cans and service, the number of times collected per week. C/M Abramowitz said the bag concept is good for small users, single people and older couples who would benefit by the user City Council Workshop Meeting 06/11/92/elo Page 8 fee. He said in Lauderhill the cost per resident has gone down 40% since going to bags. Ms. McDermott said multi -family is by cubic yard. She said now there is a flat fee that all condo units pay. She said in Lauderhill, they charge by cubic yard. She said this is determined by container size. C/M Katz said since there is recycling in the Lakes of Carriage Hills, the dumpsters have been reduced in size. He said the cost was not reduced. He asked if in the RFP this situation would be accommodated. He also asked if the bags could work with multi -family. Mr. Kelly said no one would sift through the bags to see who has hefty bags, Publix bags and City bags. He said condos have to go with a container. C/M Abramowitz said many condo associations and management companies need to determine if the dumpsters are full and the appropriate size. Discussion was held on the bag concept. Mayor Bender felt "Residential" should be added to the title. Mr. Kelly said this is the RFP which will have to be in the marketplace soon. He said a pre -proposal conference should be held in early July so that the award can be made in August. He said in addition to the RFP is an extensive agreement which provides the franchise fee that will be paid and the other things that need to be addressed. He said that is in the process of being finalized. Ms. McDermott said direction is needed from Council regarding the actual agreement. She said once Council is comfortable with the RFP, the agreement would be included as an attach- ment to the RFP. She said it sets all the criteria that the City of Tamarac is looking for. She asked specifically, whether the City wants bulk pick-up four times a year. She said currently the churches, temples and houses of worship get free garbage service and she questioned whether it should be in the new contract. She said Lauderhill charges a 15% franchise fee which means 15% of the total revenue comes back to the City. She said right now the City of Tamarac does not have a franchise fee for residential. She said most cities average between 10 to 15% on the franchise fee for residential. Mr. Kelly said all of this is part of negotiating a contract. Ms. McDermott said it is called the street use fee which pays the City for the right to use its streets, alleys and thoroughfares. She said Council needs to decide the percentage. C/M Schreiber said it eventually comes out of the pocket of the residents. He said it will reduce the possibility of a larger tax increase and C/M Katz said or reduce the ad valorem. C/M Schreiber asked Mr. Kelly for a copy of the figures he indicated in regards to the City having its own service. Ms. McDermott said an agreement with Commercial Waste Haulers will be signed shortly with certain provisos. She said these are being incorporated into the residential contract. She said last year the revenue was $148,000.00 from six haulers which will not compare to the residential contract. She said this is a five year contract and the future needs to be considered. She said the rate for the franchise fee needs to be discussed. C/M Schreiber asked if the franchise fee could be figured on City Council Workshop Meeting 06/11/92/elo Page 9 the estimated revenue and Mr. Kelly said, yes, and it has been anticipated at $300,000.00. Tape 3 Mayor Bender said this City has a problem and needs innovative ideas to raise revenue. He said franchise fees were overlooked for years. Mr. Kelly said feedback on the garbage is needed by next Friday. Ms. McDermott said by Friday she needs to know Council's ideas on the franchise fee. She said in the budget it is included at 10%. She said other cities are raising the fee to 15%. Ms. McDermott said the churches are a key area of concern because the City is subsidizing them. C/M Katz said he would like a copy of the contract and the RFP. Ms. McDermott said she and Mr. Kelly are still finalizing the contract and the City Attorney needs to review it. Mayor Bender asked if there were any other concerns besides the houses of worship and Ms. McDermott said City facilities and parks. Mayor Bender questioned why Broward County is not picking up the tab for BSO garbage collection and Ms. McDermott said the City does not pay for the service. She said they have a cubic yard dumpster. Mr. Kelly said there are thirteen religious institutions that are exempt and he does not feel it is right. Ms. McDermott said apartment complexes are not included in the existing contract; they have private contractors. C/M Katz said if there is a franchise fee it would have to be covered regardless of who the hauler is. Ms. McDermott asked if the apartment complexes were going to be left in the commercial hauling contract or moved into residential. She said all of the apartments in Tamarac are recycling so they are participating as a residential unit. She said the City is getting a 10% franchise fee from them now. She said if apartments are included into the residential account, the per unit cost might be reduced. Mayor Bender said it would eliminate the competition on the commercial making it stronger for the residential. He said he is not in favor of this. He said he wants as much competition as possible. Ms. Blasi entered the meeting at 11:00 a.m. 4. Reports and update on refinancing of bonds. Ms. Blasi said the market is doing very well right now so the bonds need to be acted upon as soon as possible. She said Raymond James, the Underwriter, would like Council to consider increasing utility rates at the special meeting on June 19, 1992. She said Council also needs to approve the award bond and delegate authority to the City Manager to sign the bond purchase contract. She said this would mean once the bonds were priced, they would have to be signed. She said pricing could be pushed into July which means Council will be on vacation and not able to approve the award resolution, which would be why the City Manager would need the delegation. City Council Workshop Meeting 06/11/92/elo Page 10 Mr. Kelly said he would be able to contact three members of Council, but it is of concern that all members will not be present. C/M Abramowitz asked Ms. Blasi whether or not the bonds are refinanced, in order not to violate the bond covenants the rates must be increased and Ms. Blasi said, yes. Ms. Blasi said the City would be in technical default and the auditors would put it in the audited financial statement. C/M Abramowitz said if the City was to get a favorable rate on the bonds and pass the savings on to the consumer, it would be pennies. He asked how much his debt service would go down the first month. Ms. Blasi said two million dollars over the life of the bond or $75,000.00. She said the City will save 5% or 6% on the debt service. C/M Schumann asked how the City got below 120% on the debt service and Ms. Blasi said the City did not get below it. Ms. Blasi said the City has to maintain 120% and this year the City will just make it. She said revenues are staying the same and the operating expenditures are going up. She said Broward County has increased Wastewater Treatment costs, chemical costs and the City is obligated under the Union Contract for a 4% increase in wages. Mayor Bender said at one time the City had a reserve that was dipped into to meet the 120%. Ms. Blasi said the reserve cannot be used but it was used for capital. C/M Schreiber asked for the formula that is used to establish the 120%. Ms. Blasi said it is operating revenues plus interest earned less the operating expenses excluding capital plus CIAO revenues (impact fees received for new developments) equals 120% of the maximum annual debt service for water and sewer. C/M Schreiber asked what POS meant and Ms. Blasi said Preliminary Official Statement. C/M Abramowitz said the water conservation of several years ago lost revenue in most cities and they raised their rates. He said Tamarac did not raise rates but used the reserve to make up the deficit. He said the same is happening with recycling where the people comply and it costs them more. V/M Schumann asked how a rate increase could be justified if the City was going to meet the 120% this year and Ms. Blasi said the budget will not show a 120%. She said a budget has to be shown that will show the 120% test and the City would not be able to do it. Ms. Blasi said the insurance industry requires the 120% or they will not market the bond. Mayor Bender said it is an industry standard. Mr. Kelly said he received calls on the bonds being proposed with many questions on the City of Tamarac. He said they have numbers on the unemployment rate, the labor force in Tamarac, status of the $500,000 lawsuit and ESM lawsuit. He said the City has to be prepared to address these issues. He said the callers want to make sure these items are resolved before they get involved. He said this is a serious concern. Mayor Bender said this is the firm that puts the ratings on like Triple A. Ms. Blasi said there is a big decrease in C1AC funds. She 11 1 City Council Workshop Meeting 06/11/92/elo Page 11 said in previous years this fund also paid for part of the debt service for Broward County for the wastewater treatment. She said if the funds are not there, it goes back to operating. Mr. Kelly said there is no choice, there has to be an increase. He said the refinancing will give some return on it. Mr.Kelly said a City representative will be at the pricing of the bonds. He said Ms. Blasi will be at a conference at the time and C/M Abramowitz said he wanted Ms. Blasi there. Ms. Blasi said it will be a conference call between Mr. Kelly, Clark Bennett and herself. C/M Katz asked if the City had any liability if the rates are not there and Mr. Kelly said, correct. C/M Schreiber asked what the City would need to do to increase revenue or reduce operating expenses to be on the 120% level. Ms. Blasi said the City requires a 16 to 17% increase in revenue. She said expenditures could not be cut that much. With no further business, Mayor Bender ADJOURNED the meeting at 11:28 a.m. Carol A. Evans City Clerk 11