No preview available
HomeMy WebLinkAbout2008-10-07 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS TUESDAY OCTOBER 07, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 P.M. in Chambers, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Patricia Atkins -Grad, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Julie Klahr, and City Clerk Marion Swenson. Commissioner Patricia Atkins -Grad led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming October 5-11, 2008 as "Fire Prevention Week". Requested and accepted by Fire Chief Budzinski. Fire Chief Budzinski invited Cadets Nicole Mendez and Michael Howard to join him at the podium, and announced over 800 school children are scheduled to receive presentations about fire prevention activities. REPORTS 2. City Commission:, Vice Mayor Sultanof had no report. Commissioner Atkins -Grad reported on two meetings she attended last week: the Sustainability Committee and the Broward Leaders Water Academy. On Saturday, Commissioner Atkins -Grad attended the 5th Anniversary Celebration of the Tamarac Library. Additionally, Commissioner Atkins -Grad attended the Special Awards Ball at which Representative Porth and Mayor Feren were honored. Commissioner Partner wished his Jewish friends and neighbors a happy, healthy and prosperous New Year; and since he will not be in office in December, he wished everyone a Merry Christmas and a Happy New Year. Commissioner Dressler reported on the SAC meeting he attended at Tamarac Elementary School this morning, wherein discussion was had on how to allocate money received from the school district. A plan was devised to allocate money for school supplies. Commissioner Dressler said the monies are awarded to schools that do well as an incentive for the teachers, and it is a shameful situation that a portion of the money that should have gone to the teachers must be spent on supplies. Mayor Flansbaum-Talabisco said the FLOW Mobile (Florida Licenses on Wheels) is at the community center; it was an initiative from Representative Porth that Mayor Flansbaum-Talabisco forwarded to City Manager Miller for action, and it offers residents the ability to renew drivers licenses and obtain student I.D.'s (for those over 12 years of age). Mayor Flansbaum-Talabisco thanked Public and Economic Affairs Officer Berns October 07, 2008 Page 1 of 7 and Public Information Specialist Quinn for the great photos and press they provide for the City. 3. City Attorney: Assistant City Attorney Klahr had no report. 4. City Manager: City Manager Miller reported we received a $75,000 grant from Broward County, as part of the Parks for People Grant Program, for the Waters Edge Park. $75,000 is the maximum allowable under the grant and the money will be used for clearing, grubbing, planting of trees and mulch. We should receive the money in early November. Mayor Flansbaum-Talabisco said at the last agenda meeting she had with the City Manager, she suggested we put up signage on properties explaining what the project is and incorporating language informing the public that this property or project was gotten through a grant. It is important to communicate that to the residents and alleviate or mitigate misinformation. Commissioner Dressler agreed with Mayor Flansbaum- Talabisco. Commissioner Portner asked about the foreclosure money the City is promised from the federal government and City Manager Miller explained Tamarac has been advised we will receive $4.7 million to use for the foreclosure crisis; however, there are still no rules from the federal government on how the funding can be utilized. Commissioner Dressler said it would be beneficial to consider holding a workshop to discuss priorities when the money is available. City Manager Miller explained we need to set an action plan and in a workshop session we will provide recommendations and options to the Mayor and City Commission to make sure we are meeting the expectations. Community Development Director Bramley added we have 18 months to encumber/spend the money and we need to have an action plan by the end of December. Vice Mayor Sultanof confirmed we must report how we use the SHIP monies also. 5. PUBLIC PARTICIPATION: Bonnie Ferman, 8124 NW 72 Avenue, Tamarac, spoke in opposition to the proposed ordinance regarding parking. Commissioner Dressler explained at a previous workshop the Mayor and City Commission deferred the parking issue and it is not included in the ordinances before the Mayor and City Commission tonight. The Mayor and City Commission have plans to travel to the different communities to try to determine the best solution. Mayor Flansbaum-Talabisco suggested Ms. Ferman meet with Commissioner Dressler and discuss her concerns. CONSENT AGENDA 6. City Manager Miller advised the Mayor and City Commission that a revised version of TR11484 (due to a scrivenor's error) will replace the one in the packets for voting purposes. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call, Commissioner Dressler voted "yes", Commissioner Portner "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. October 07, 2008 Page 2 of 7 a. APPROVE the minutes of the September 24, 2008 Reguilar City Commission meeting. APPROVED b. APPROVE the minutes of the September 24, 2008 Special City Commission meeting. APPROVED C. SECOND RENEWAL OPTION OF AGREEMENTS TO "FURNISH DELIVER AND DISCHARGE OF QUICKLIME": (TR11471) Exercising the second renewal option of agreements to "Furnish, Deliver and Discharge of Quicklime" to, and execute agreement amendments with, Chemical Lime Company of Alabama, Inc. for the City of Tamarac and on behalf of fifteen members of the Southeast Florida Governmental Purchasing Cooperative; and with Carmeuse Lime & Stone, Incorporated on behalf of two members of the Southeast Florida Governmental Purchasing Cooperative, for a period of one year with two (2) additional one-year renewal options. RESOLUTION NO. R2008-142 d. SUPPORTING AN AMENDMENT TO THE FLORIDA CONSTITUTION - REQUIRING THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS: (TR11491) Supporting an amendment to the Florida Constitution requiring the Florida legislature to operate under the Florida Sunshine Laws; directing the City Clerk to transmit a copy of this resolution to the Chair of the Commission on Open Government, the Governor of the State of Florida, Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. RESOLUTION NO. R2008-143 e. OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S ELECTORATE: (TR11492) Opposing an amendment to the Florida Constitution requiring that every amendment to a City's or County's comprehensive plan be subject to a vote of the respective City's or County's electorate; encouraging public participation in the local government decision -making process; directing the City Clerk to transmit a copy of this resolution to the Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. RESOLUTION NO. R2008-144 f. URGING THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS: (TR11493) Relating to unfunded state mandates; urging the utilization of any means necessary to require the Florida Legislature to eliminate unfunded state mandates on local governments; urging the Florida League of Cities to consider the sponsorship of an initiative petition, to amend Article VII, Section 18(a) of the Florida Constitution to eliminate the clause allowing for unfunded mandates by a two-thirds majority, and to potentially amend other clauses of said subsection; directing the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, members of the Florida Legislature, the Florida League of Cities, Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. RESOLUTION NO. R2008-145 g. BSO MEDICAL SUPPLIES: (TR11469) Purchasing medical supplies and firefighting supplies from Broward County Sheriffs Office, Fire Rescue Division Logistics October 07, 2008 Page 3 of 7 Warehouse during FY09, in an amount not to exceed One Hundred Thirty Thousand ($130,000.00) Dollars; authorizing the appropriate City officials to execute a liability waiver for the purchases. RESOLUTION NO. R2008-146 h. MITCHELL CEASAR — RENEWAL OF LOBBYING SERVICES AGREEMENT: (TR11489) Executing Amendment #7 to the agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying services extending the agreement for an additional one (1) year period at a cost of $50,000. RESOLUTION NO. R2008-147 i. FEE WAIVER, EXTENSION OF HOURS OF OPERATION, AND SALE_ OF ALCOHOLIC BEVERAGES — SAINT MALACHY CATHOLIC CHURCH CARNIVAL: (TR11483) Granting a waiver of fees in the amount of $1,558.90 and extending the hours of operation to 11:00 p.m. on Thursday, November 6, 2008, and to 11:00 p.m. on Friday, November 7, 2008 and Saturday, November 8, 2008, and approving the sale of alcoholic beverages for the Saint Malachy Catholic Church Carnival, located at the northeast corner of NW 615t Street and University Drive, during the operation of the Saint Malachy Catholic Church annual carnival beginning Thursday, November 6, 2008 and ending Sunday, November 9, 2008 (Case No. 16-MI-08); providing for conditions of approval. RESOLUTION NO. R2008-148 j. PURCHASE OF INTERNET LAPTOP WIRELESS AIR CARDS: (TR11487) Approving an application by the Broward Sheriffs Office for the release of Law Enforcement Trust Funds in the amount of $41,328 to provide for the purchase of aircards for use within the City of Tamarac as provided by Article XII "Fines, Forfeitures; Payment", Section 12.4 of the Agreement between the City of Tamarac and the Broward Sheriffs Office (BSO) effective October 1, 2004; providing for appropriated budget. RESOLUTION NO. R2008-149 k. REQUEST FOR IN -KIND SUPPORT AND WAIVER OF ALL FEES — TASTE OF TAMARAC EVENT: (TR11484) Approving requests from the Tamarac Chamber of Commerce for in -kind support and to waive all fees for the Taste of Tamarac event to be held at the Tamarac Community Center on Saturday, October 25, 2008, from 11:30 a.m. to 3:30 p.m.; authorizing the appropriate city officials to permit the Tamarac Chamber of Commerce and/or designee to serve alcoholic beverages at the Taste of Tamarac event; providing for permits, proper insurance and execution of hold harmless agreement. RESOLUTION NO. R2008-150 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES -- FIRST READINGS 7. AMENDING CHAPTER 11 OF THE TAMARAC CODE — LANDSCAPING: (T02163) Motion to adopt Ordinance on first reading amending the Code of Ordinances of the City of Tamarac by specifically amending Chapter 11 entitled "Landscaping" for the purpose of insuring the Code of Ordinances is consistent with current industry standards; providing for an enhanced purpose and intent; providing for October 07, 2008 Page 4 of 7 revised definitions; providing for a revision to minimum landscape requirements; providing for additional requirements associated with the maintenance of irrigation systems; providing for minimum standards for tree protection; providing for revisions to the landscape requirements in zoning districts; providing for perimeter landscaping requirements; providing for landscaping within pedestrian zones along building facades; providing for landscape requirements for existing uses; amending Chapter 24 entitled "Zoning" to delete inconsistent provisions; amending Chapter 10 entitled "Land Development Regulations" by deleting Sections 10-47, 10-79, 10-311, 10-312, 10-313, 10-314, 10-315, 10-316, 10-317, 10-318; providing for codification. Assistant City Attorney Klahr read Temporary Ordinance 2163 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved adoption. Community Development Director Bramley and Planning and Zoning Manager Zickar gave presentations. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 7, 2008 8. AMENDING CHAPTER 13 OF THE TAMARAC CODE -- MISCELLANEOUS OFFENSES:(TO2164) Motion to adopt Ordinance on first reading amending Chapter 13 of the Code of Ordinances of the City of Tamarac, Florida, entitled "Miscellaneous Offenses", by specifically amending Section 13-8, entitled "Abandoned Property", providing for a mechanism whereby the City staff may better address abandoned residential property matters located within the City; providing for purpose and intent; providing for definitions; providing for notification procedures; providing for removal of abandoned personal property; providing for registration of abandoned real property; providing for maintenance requirements; providing for security requirements; providing for enforcement; providing for codification. Assistant City Attorney Klahr read Temporary Ordinance 2164 on first reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved adoption. Code Enforcement Manager Woods gave a presentation. Vice Mayor Sultanof questioned who is responsible for abandoned property and Assistant City Attorney Klahr explained once the banks obtain title to the property they pay the taxes on the property, but since they may not be local it is sometimes difficult for them to maintain the property; hence, the HOA's make sure maintenance occurs and many times management companies are brought into play. Commissioner Dressler asked if an out of state bank does not bring the property into compliance, what options do we have, and Assistant City Attorney Klahr spoke of F.S. Chapter 162, which is incorporated into our code, and added it is in the banks' best interest to maintain the property, even if they have to hire a property manager. Mayor Flansbaum-Talabisco said beautification is only one component of the ordinance, and Code Enforcement Manager Woods agreed the ordinance has a deeper intent which is to effectively and expeditiously deal with foreclosure problems and to keep property values at a set standard. Mayor Flansbaum-Talabisco added the ordinance is significant in that is addresses the health, safety and wellbeing of our residents. On roll call Vice Mayor Sultanof voted "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 7, 2008 October 07, 2008 Page 5 of 7 9. AMENDING CHAPTER 2 OF THE TAMARAC CODE -- ADMINISTRATION: (T02165) Motion to adopt Ordinance on first reading amending Chapter 2 of the Code of Ordinances of the City of Tamarac, entitled "Administration", by specifically amending Section 2-73.08, entitled "Supplemental Provisions"; providing for alternative code enforcement procedures pursuant to Chapter 162, Florida Statutes, as amended from time to time; providing for purpose and intent; clarifying the powers of a Special Magistrate; providing for the collection and recovery of civil penalties; providing for an appellate process; providing for periodic review; eliminating Section 2-74; providing for codification. Assistant City Attorney Klahr read Temporary Ordinance 2165 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved adoption. Code Enforcement Manager Woods gave a presentation. Mayor Flansbaum-Talabisco questioned property such as the Steak and Ale property which has a notice posted on the door but the property is vacant and becoming run down. Code Enforcement Manager Woods explained the process for noticing and said the new ordinance may not help in a situation such as this. Community Development Director Bramley explained Steak and Ale is in bankruptcy and the City has contacted the trustee. Commissioner Dressler asked if the part of the $4.7 million from the federal government could be used in this situation and Community Development Director Bramley said that money is only for abandoned residential properties. Assistant City Attorney Klahr explained for commercial properties that have gone into bankruptcy, it is difficult to get a response from the trustee; however, they do have an obligation to maintain the assets. The process is a little slower than other types of properties because it must go through the court system. Commissioner Dressler said we may need a more aggressive ordinance to address commercial properties. Commissioner Portner asked for clarification of the notice process and Code Enforcement Manager Woods responded. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Portner "yes", Vice Mayor Sultanof "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 7, 2008 10. AMENDING CHAPTER 9 OF THE TAMARAC CODE —"HEALTH SANITATION AND NUISANCES": CREATING SECTION 9-43: (T02166) Motion to adopt Ordinance on first reading amending Chapter 9 of the Code of Ordinances of the City of Tamarac, Florida, entitled "Health Sanitation and Nuisances"; by creating Section 9-43, to be entitled "Portable Storage Units", providing for regulatory provisions for the replacement and removal of portable storage units; providing for enforcement; providing for codification. Assistant City Attorney Klahr read Temporary ordinance 2166 on first reading by title. Commissioner Dressler seconded by Vice Mayor Sultanof moved adoption. Code Enforcement Manager Woods gave a presentation. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 7, 2008 11. AMENDING CHAPTER 9. ENTITLED "HEALTH. SANITATION AND NUISANCES", ARTICLE iv, ENTITLED "LOCAL HOUSING ASSISTANCE PROGRAM"; AND BY CREATING SECTION 9-136): (T02167) Motion to adopt Ordinance on first reading amending Chapter 9 of the Code of Ordinances of the City of Tamarac, Florida, entitled "Health, Sanitation and Nuisances"; specifically amending October 07, 2008 Page 6 of 7 1 1 Article IV by creating Section 9-136, to be entitled "Neighborhood Beautification", providing the City of Tamarac, Florida with additional regulations intended to preserve the character, appearance and property values of neighborhoods; providing for intent and purpose; providing for definitions; providing for repair and maintenance regulations; providing accommodations for non -conforming uses; providing for protection of public health, safety, and welfare; providing for codification. Assistant City Attorney Klahr read Temporary Ordinance 2167 on first reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved adoption. Code Enforcement Manager Woods gave a presentation. Commissioner Dressler asked if this pertains to both residential and commercial properties and Code Enforcement Manager Woods said it does. Mayor Flansbaum-Talabisco said we need to do the best we can so people do not think we are doing something frivolous; we need to qualify that behind these ordinances are things far more important than just beauty. Code Enforcement Manager Woods said the ordinances will maintain the standards set in the City. On roll call Commissioner Dressler voted "yes", Commissioner Atkins -Grad "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Mayor Flansbaum-Talabisco "yes". ADOPTED ON FIRST READING OCTOBER 7, 2008 Commissioner Atkins -Grad said she is pleased to see the code vehicles have Code Enforcement signs on them. PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS There were no ordinances scheduled for second reading QUASI-JUDICIAL HEARINGS There were no quasi-judicial hearings scheduled END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the regular meeting at 8:30 p.m. Marion Swenson; CMC City Clerk October 07, 2008 Page 7 of 7