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HomeMy WebLinkAbout2010-01-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JANUARY 13, 2010 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the city commission to order at 7:00 p.m. on Wednesday, January 13, 2010 in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela Bushnell, and Commissioner Diane Glasser ABSENT: Commissioner Patricia Atkins -Grad 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 called for a moment of silence for those suffering in Haiti, their friends and families here, and in memory of the seven intelligence officers killed in Afghanistan. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Beth Flansbaum-Talabisco proclaiming January 15, 2010 as "Arbor Day". b. Presentation of a proclamation by Mayor Beth Flansbaum-Talabisco proclaiming January 2010 as "Broward County Diversity and Inclusive Community Month". C. Presentation of a proclamation by Mayor Beth Flansbaum-Talabisco supporting the National Guard and Reserve. 2. COMMISSION REPORTS a. Commissioner Bushnell wished everyone a happy new year and reported on two events she attended this week: the Tamarac Elementary School Martin Luther King Essay Contest and the Children's Council/Broward County Children's Services. b. Commissioner Glasser reported on her attendance at a meeting where the Broward League of Cities and County Commission discussed issues affecting cities, and said they will meet again next week and discuss items to come before the Florida Legislature. C. Vice Mayor Dressler welcomed Fire Chief Mike Burton and Financial Services Director Mark Mason. Vice -Mayor Dressler asked residents to call or email FPL if they experience power outages or other related problems. d. Mayor Flansbaum-Talabisco reported on a meeting of the Broward Legislative Delegation last week regarding annexation of the Prospect Property in District 1; the local Bill is moving forward in Tallahassee. Mayor Flansbaum-Talabisco received a Page 1 of 7 City Commission Regular Meeting January 13, 2010 letter from Senator Nelson saying we have been awarded $544,900.00 as part of the American Recovery and Reinvestment Act 2009 from the United States Department of Energy Efficiency Block Grant. The U.S. Conference of Mayors would like cities to provide phone numbers and email sites in order for residents to follow up and find loved ones in Haiti, and Mayor Flansbaum-Talabisco asked Public and Economic Affairs Officer Berns to make this information available to our residents. Mayor Flansbaum- Talabisco said next week she will be attending the U.S. Conference of Mayors. 3. City Attorney Report: City Attorney Monday's Workshop meeting a Resolution bookmark the City's potential objection to Independent Fire District pending analysis league of Cities. Goren said as a result of discussions at s being added to the consent agenda to the Bill regarding the Broward County from the City Managers' Association and 4. City Manager Report: City Manager Miller announced staff raised $17,520.00 for United Way, and congratulated Chief Building Official/Director Grande this year's United Way Coordinator for the City of Tamarac. BSO reports there will be a DUI Checkpoint on January 15th in Tamarac. Human Resources Director Swanson reports the City of Tamarac came in 2"d in the 2009 American Society for Training and Development (ASTD). EMS Division Chief Sheridan reports the self-contained breathing apparatus has arrived. The City of Tamarac distributed toys to 13 needy families over the past holiday season. Parks and Recreation reports the next Tamarac @ Twilight Concert will be on February 12th at the Sports Complex, at 7:00 p.m. Forty children participated in the Martin Luther King Day essay contest. Public Works reports construction begins in February on the citywide boat ramp project at Veteran's Park, and an additional 20 parking spaces will be built at Sunset Park. These projects are made possible with grant funding. Vice -Mayor Dressler added he is Honorary Chair of Relay For Life, which will hold its annual event in the City of Tamarac (notices will be forthcoming). Mayor Flansbaum-Talabisco commended staff on their successful efforts in fundraising this year, and added things are going on throughout the County in which our Commissioners all participate. The Dancing With The Stars of Broward Gala will be occurring shortly with proceeds going to Pantry of Broward. 5. PUBLIC PARTICIPATION: Bob Storch, 4622 NW 45th Court, Tamarac, spoke in opposition to item 6(c) on the consent agenda. CONSENT AGENDA 6. Commissioner Bushnell asked that Item 6(c) be pulled from the consent agenda for discussion. City Attorney Goren read Temporary Resolution 11575 by title. A resolution of the City Commission of the City of Tamarac, Florida preserving its right to object to the local bill Page 2 of 7 City Commission Regular Meeting January 13, 2010 1 C proposing to create the Broward Independent Fire district, subject to further study and analysis by the City's professional staff and the Broward County City Manager's Association; directing the City Clerk to transmit a copy of this Resolution to the Broward Legislative Delegation, the Board of County Commissioners for Broward County, and the Broward League of Cities; providing for conflicts; providing for severability; and providing an effective date. Commissioner Bushnell seconded by Vice -Mayor Dressler moved the addition of Temporary Resolution 11575 to the consent agenda as Item 6(k). On roll call, Vice -Mayor Dressler voted "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Glasser seconded by Vice -Mayor Dressler moved approval of all items on the consent agenda with the exception of 6(c) which was removed for discussion. On roll call Commissioner Glasser voted "yes", Commissioner Bushnell "yes", Vice - Mayor Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. Approval of the December 9, 2009 Commission Meeting Minutes APPROVED b. Approval of the December 22, 2009 Special Commission Meeting Minutes. APPROVED C. TR11705 MONTEREY SITE PLAN EXTENSION A Resolution of the City Commission of the City of Tamarac, Florida, granting a time extension of one (1) year for final Site Plan approval for the Monterey by Prestige Homes project, requested by David & Gerchar, Inc. (Theodore J. David, applicant), Designated Agent for the property owner Prestige Homes of Tamarac, Inc. (Case No. 18-SP-09); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. PULLED FROM CONSENT AGENDA FOR DISCUSSION d. TR11737 SITE LEASE AGREEMENT WITH CLEAR WIRELESS LLC: Authorizing the appropriate City Officials to execute an agreement with Clear Wireless, LLC for the installation of a high speed wireless (WIMAX) antenna and associated equipment on the existing tower at the City's Water Treatment Plant property; authorizing the appropriate City Officials to execute any permit applications as may be required on behalf of the City as owner of the property. RESOLUTION NO. R2010-001 e. TR11738: SCADA STORMWATER PROJECT: Authorizing the appropriate City Officials to execute an agreement with Data Flow Systems, Inc. for the construction of the Stormwater SCADA (Supervisory Control and Data Acquisition) Project, located throughout the City of Tamarac in accordance with Bid No. 09-19B, for an amount of $82,300.00 and a 10% contingency of $8,230.00 for a total not to exceed $90,530.00 from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2010-002 f. TR11744 EXECUTION OF FY 09/10 HOME INTERLOCAL AGREEMENT: Accepting the 2009-2010 fiscal year Home Investment Partnership ("HOME") funds, authorizing the appropriate City officials to execute an interlocal agreement for the designation of subrecipient and disbursement of the HOME program, fiscal year 2009- Page 3 of 7 City Commission Regular Meeting January 13, 2010 2010, with Broward County and subrecipient agreements if necessary, providing for legal review. RESOLUTION NO. R2010-003 g. TR11748 BID 09-20B ARMORED CAR SERVICES: Authorizing the appropriate City officials to award Bid 09-20B entitled "Armored Car Services" and to execute an Agreement with Dunbar Armored, Inc., for a three-year term effective upon award and final execution of Agreement through January 31, 2013. RESOLUTION NO. R2010-004 h. TR11749 PRIDE ENTERPRISES RENEWAL: Authorizing the appropriate City Officials to execute Amendment #1 to the Agreement between the City of Tamarac and Pride Enterprises, Inc., to provide utility service bill processing, at a unit cost of $0.1109 per bill, for a two-year period. RESOLUTION NO. R2010-005 i. TR11751 - AMENDMENT #8 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND MITCH CEASAR: Authorizing the appropriate City Officials to execute Amendment #8 to the Agreement between the City of Tamarac and Mitchell Ceasar, P.A. for Lobbying Services, extending the agreement through January 12, 2011 at a cost not to exceed $45,000 per year. RESOLUTION NO. R2010-006 j. TR11747 REHAB OF THE EAST/WEST 8 MG ACCELATOR AND GREENLEAF FILTER: Authorizing the appropriate City officials to award Bid No. 09-21 B to Harry's Painting and Enterprises, Inc., and execute an agreement between the City of Tamarac and Harry's Painting and Enterprises, Inc., for an amount of $103,370.00 for the rehabilitation of the East/West 8 MG Accelator and Greenleaf Filter for the City of Tamarac water treatment plant project; approving funding for this project from the appropriate Utilities Operational Account; authorizing the appropriate city officials to administer the contract. RESOLUTION NO. R2010-007 k. TR11575 OBJECTING TO THE CREATION OF THE BROWARD INDEPENDENT FIRE DISTRICT, SUBJECT TO FURTHER STUDY ANALYSIS BY THE CITY'S PROFESSIONAL STAFF AND THE BROWARD COUNTY CITY MANAGER'S ASSOCIATION: A resolution of the City Commission of the City of Tamarac, Florida preserving its right to object to the local bill proposing to create the Broward Independent Fire district, subject to further study and analysis by the City's professional staff and the Broward County City Manager's Association; directing the City Clerk to transmit a copy of this Resolution to the Broward Legislative Delegation, the Board of County Commissioners for Broward County, and the Broward League of Cities. RESOLUTION NO. R2010-008 END OF CONSENT AGENDA 6(c) TR11705 MONTEREY SITE PLAN EXTENSION: Granting a time extension of one (1) year for final Site Plan approval for the Monterey by Prestige Homes project, requested by David & Gerchar, Inc. (Theodore J. David, applicant), Designated Agent for the property owner Prestige Homes of Tamarac, Inc. (Case No. 18-SP-09); providing Page 4 of 7 City Commission Regular Meeting January 13, 2010 1 1 for conditions of approval. City Attorney Goren read Temporary Resolution 11705 by title. Commissioner Bushnell seconded by Commissioner Glasser moved approval. City Attorney Goren informed the Mayor and City Commission that Val. C. Osinski, attorney, would make a presentation on behalf of Prestige Homes. Community Development Director Bramley gave a presentation and said staff recommends denial. Mr. Osinski gave a presentation and spoke in support of the resolution and discussed the current economic situation. On roll call Commissioner Bushnell voted "no", Vice - Mayor Dressler "no", Commissioner Glasser "no", and Mayor Flansbaum-Talabisco "no". Motion failed. ITEM DENIED REGULAR AGENDA ORDINANCE — FIRST READING 7. TO2186 SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT: Motion to adopt an Ordinance of the City of Tamarac, Florida on first reading authorizing the creation of a Safe Neighborhood Improvement District pursuant to Chapter 163, Florida Statutes; Specifically authorizing the creation of a Local Government Neighborhood Improvement District pursuant to Section 163.505, F.S.; (Case No. 16-Z-09) providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Ordinance 2186 on first reading by title. Vice -Mayor Dressler seconded by Commissioner Glasser moved adoption. Vice -Mayor Dressler said he objects to a millage increase to the extent it is added to the City's millage rate. However, he would not object to an assessment appearing on the TRIM notice as a non -ad valorem assessment. City Attorney Goren explained this is a citywide ordinance, and if a neighborhood were to come before the Mayor and City Commission to request an improvement district, the special assessment would appear as a non -ad valorem assessment on the tax bill. Commissioner Glasser confirmed the City's role in a special taxing district of this sort will be to guide the neighborhood(s). Commissioner Bushnell questioned the City's liability should something happen as a result of an improvement made under this Ordinance and Community Development Director Bramley said all improvements would have to go through site plan process to ensure safety and compliance with traffic circulation. City Attorney Goren said all manner of legal protections would be imposed and implemented to make sure the City is indemnified. On roll call Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice -Mayor Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING JANUARY 13, 2010 PUBLIC HEARING(S) 7:00 PM OR THEREAFTER ORDINANCE(S) SECOND READINGS There were no Ordinances scheduled for second reading. Page 5 of 7 City Commission Regular Meeting January 13, 2010 QUASI-JUDICIAL HEARING(S) 8. TR11750 DREAMWORKS SPECIAL EXCEPTION: Approving a Special Exception to permit the operation of an Amusement Center for the property located at 10072 — 10076 West McNab Road, within the Tamarac Marketplace Shopping Center (specifically all of Tract "A" of the Tamarac Market Place Plat" according to the Plat thereof as recorded in Plat Book 118, Page 20, of the public records of Broward County, Florida) (Case No. 13-Z-09); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Resolution 11750 by title. Vice -Mayor Dressler seconded by Commissioner Bushnell moved approval. City Attorney Goren explained the quasi-judicial procedures and City Clerk Swenson swore in all who wished to speak on the matter. City Attorney Goren explained the number of votes needed to overturn the Planning Board's decision on this matter. Michael Wolf, designated agent for the applicant waived his quasi- judicial rights. City Attorney Goren explained even though the Planning and Zoning Board denied the request, the applicant has come before the Mayor and City Commission for their review. Planning and Zoning Manager Zickar made a presentation and discussed proximity to the schools in the center as well as to neighboring communities. Mayor Flansbaum-Talabisco left the room at 8:37 p.m. and returned at 8:39 p.m. There was discussion regarding traffic in the center. Mr. Wolf made a presentation on behalf of the applicant and spoke in favor of the arcade at this location. Mayor Flansbaum-Talabisco opened the public hearing. Vice -Mayor Dressler left the room at 9:17 p.m. and returned at 9:20 p.m. The following people spoke in support of the Arcade: Maria Belgiovino, 9563 Weldon Circle, Apt. D403, Tamarac; Michelle Tebar, 5784 NW 49th Lane, Coconut Creek; Gail Fontaine, 2201 NE 44th Street, Lighthouse Point; Morty Brill, 9537 Weldon Circle, Tamarac; Ingrid Phang, 4116 NW 73 Avenue, Coral Springs; Lisseth Amil, 8200 NW 33 Street, Suite 300, Property Manager. Commissioner Glasser left the room at 9:30 p.m. and returned at 9:32 p.m. Ethel Schneider, 1941 Oakmont Terrace, Coral Springs; Leah Lokus, 1751 W Copans, Coconut Creek; and Lucy Angela, 1751 W Copans, Coconut Creek. The following people spoke in opposition to the Arcade: Joan Marcus, 10401 NW 70 Court, Tamarac; Matrika Shepherd, 8261 SW 4 Street, North Lauderdale; Sonia Liedtke, 1051 NW 110 Lane, Coral Springs. There being no one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. Commissioner Glasser spoke in favor of the Arcade and the entertainment provided for seniors, and the fact that the shopping center is losing tenants and the addition of this type of business would bring people into the center. Commissioner Bushnell questioned the amount of money on the premises and why another location was not chosen if the applicant knew the ordinance was in place. Mr. Wolf explained the manner in which players could access the machines and added the ordinance required a security guard after 8:00 p.m. until close of business, and discussed the fact that this Page 6 of 7 City Commission Regular Meeting January 13, 2010 1 is a prime location which would attract the type of clientele necessary to this type of business. Vice -Mayor Dressler said the ordinance is in place to regulate this type of business and it addresses distance from schools and proximity to residences, which was the basis of the Planning and Zoning Board's denial. Mayor Flansbaum-Talabisco agreed with Vice -Mayor Dressler. On roll call Commissioner Glasser voted "yes", Vice - Mayor Dressler "no", Commissioner Bushnell "no", and Mayor Flansbaum-Talabisco "no". Motion failed. ITEM DENIED END OF QUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the regular meeting of the City Commission at 10:02 p.m. Beth Flansbaum-Talabis , Mayor Marion Swenson, CMC City Clerk Page 7 of 7 City Commission Regular Meeting January 13, 2010 CA/ 61fLC Debbie DeCrane From: Sent: To: Subject: USCM/Cochran [actionalert@usmayors.org] Wednesday, January 13, 2010 12:30 PM Debbie DeCrane Response to Earthquake in Haiti THE UNITED STATES CONFERENCE OF MAYO' %VAy11ING ['ON, D.C. 200W.., TE +T1IONF Q02) 29i.`'.iio UR1 WYYA% u.cm,;Ynri nrg To: The Mayor From: Tom Cochran, CEO and Executive Director We are all devastated this morning by the images of death and destruction coming from Haiti in the wake of yesterday's massive earthquake. The U.S. Conference of Mayors has a long history of support for Haiti and its people. Without fail, when disasters like this occur, mayors call to ask how they and their cities can help. Here is what we know so far: President Obama has designated USAID as the lead agency for our government -wide response. USAID is dispatching a Disaster Assistance Response Team and has activated its partners, the Fairfax County (VA) Urban Search and Rescue Team and the Los Angeles County Search and Rescue Team. These teams will be composed of up to 72 personnel, six search and rescue canines and up to 48 tons of rescue equipment. They will be accompanied by USAID disaster experts who will assist with assessments of the situation. Homeland Security Secretary Janet Napolitano has announced that the Coast Guard Cutter Forward arrived off Port Au Prince this morning and was the first U.S. asset on the scene. • The President's statement on the situation in Haiti and the nation's response to it is at http://www.whitehouse.gov/blog/2010/01/13/help-haiti. A posting by Secretary of State Hillary Clinton's Chief of Staff on the State Department's official blog (DipNote) reports that individuals wishing to make immediate cash donations to relief efforts may do so through organizations like the Red Cross at http://american.redcross.org/supporthaiti and Mercy Corps at https://donate.mercycorps.org/donation.htm?Donorintent=Haiti+Earthquake. Individuals may donate $10 to be charged to their cell phone bill by texting "HAITI" to "90999." • Families of Americans living in Haiti are encouraged to contact the State Department at (888) 407- 4747. As we get additional information during the day we will pass it along. We were advised by FEMA this morning that they will be providing guidance on how to help shortly. We will no doubt focus on the tragic situation in Haiti and what U.S. cities are doing to help during our Winter Meeting in Washington next week. 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