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HomeMy WebLinkAbout2010-01-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL - COMMISSION CHAMBERS WEDNESDAY JANUARY 27, 2010 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, January 27, 2010, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac. PRESENT: Mayor Beth Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Patricia Atkins -Grad, and Commissioner Diane Glasser. ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Julie Klahr, and City Clerk Marion Swenson. Vice Mayor Dressler led the pledge of allegiance. 1. Proclamations and Presentations: a. Presentation of a check by the Mayor, City Commission and Employees of the City of Tamarac, in the amount of $16,899.18 to the United Way of Broward County, representing the City of Tamarac's 2009 Employee Campaign total. Accepting on behalf of the United Way Jennifer O'Flannery Anderson, President and CEO of United Way of Broward County and Celeste Abell. (Requested by Chief Building Official/Director Claudio Grande) b. Presentation by Mayor Talabisco of employee service awards: 5-Year: Awards: David Greenstein, Firefighter Paramedic, Gregory Martin, Firefighter Paramedic, Stephen Varricchio, Firefighter Paramedic, Carlos Acosta, Groundskeeper Crewleader, Public Works 10-Year Awards: Steven Korte, Lt./Paramedic, Fire Rescue, Rose Cure-Persad, Social Services Supervisor, Parks & Recreation, Cleophat Lordeus, Bus Driver, Parks & Recreation, John Richards, Bus Driver, Parks & Recreation, Grace Boudreau, Customer Service Representative, Parks & Recreation 15-Year Awards: Jeffrey L. Miller, City Manager, Steven Stillwell, Battalion Chief, Fire Rescue, Rodney Dorsett, Field Technician, Utilities 25-Year Award: Luisito Villena, Senior Fleet Mechanic, Public Works 30-Year Awards: Richard Ruhl, Water Plant Operator, Utilities, Steven Gotha, Lt./ Paramedic, Fire Rescue Mayor Talabisco introduced Senator Jeremy Ring. Senator Ring spoke of a Bill he is sponsoring regarding condominiums, which falls under Chapter 718, F.S. The purpose of the Bill is to assist those associations with problems that have risen due to maintenance fees not being paid, banks not maintaining foreclosed/vacant properties, required retrofitting, and other matters that have come up over the past few years which are costly. The Bill is not meant to supersede any by-laws of any of the associations. Senator Ring suggested the Mayor and City Commission as well as constituents email or otherwise contact Tallahassee to show their support of the Bill. Senator Ring also said his staff is available to attend meetings with the Mayor and City Commission to explain the intricacies of the Bill. Vice -Mayor Dressler asked Page 1 of 5 City Commission Meeting January 27, 2010 Assistant City Attorney Klahr to draft a resolution from the City of Tamarac in support of the Bill and to make the resolution available to Tallahassee and Broward County cities. REPORTS 2. City Commission: a. Commissioner Bushnell had no report. b. Commissioner Atkins Grad reported on her attendance at the Aging and Disability Yearly Dinner, a meeting of the School Advisory Committee, a meeting at Concorde Village where discussion was held about communities joining in events, and the Millennium Middle School Jobs for Florida Graduates. C. Commissioner Glasser said she attended the Sunrise Commission meeting last evening to listen to a discussion regarding a proposed transfer station to be located on property at Commercial Boulevard just east of the Sawgrass Expressway. Commissioner Glasser said this type of use would have an adverse impact on the City of Tamarac. The item will come up for discussion at the February 23rd meeting of the Sunrise City Commission and there will be an opportunity for affected people to speak, and Commissioner Glasser suggested the Mayor and City Commission as well as staff from the City of Tamarac attend the meeting. Vice - Mayor Dressier asked the City Manager and City attorney to find out who the land was bought from and to establish the relationship between all parties in the deal, including the previous owner of the property. Commissioner Glasser suggested the City Manager obtain the minutes of last evening's meeting. City Manager Miller said he has made several contacts at the staff level in Sunrise in order to get some information but was not successful. He called Sunrise City Manager Bruce Moeller and expects a return call this afternoon. By motion of Vice -Mayor Dressler seconded by Commissioner Glasser, City Manager Miller and the City Attorney's office were directed to take whatever action is necessary to defend the City of Tamarac against this possible detrimental use bordering our City. On roll call Vice -Mayor Dressler voted "yes", Commissioner Glasser "yes", Commissioner Atkins -Grad "yes", Commissioner Bushnell "yes", and Mayor Talabisco "yes". Motion carried. Assistant City Attorney Klahr directed City Clerk Swenson to post a notice of the upcoming City of Sunrise February 23 Commission meeting due to the fact that one or more of the City of Tamarac Commissioners would be in attendance. Vice -Mayor Dressler questioned the legality of not responding to a public records request and Assistant City Attorney Klahr explained it is not required that someone share information in their head or to speak, and it is not required that public records requests be put in writing. Very often the situation that occurred with the request to Sunrise is encountered, which is why it is normal to follow up with a formal public records request and if they then fail to respond we can follow up with a lawsuit. Mayor Talabisco added the current Tamarac Commission stands together united. d. Vice Mayor Dressler reported on the City's investments and spoke of deposits still being made into Wachovia, as there are issues in transition. Vice -Mayor Dressier spoke of short term liquidity needs and investments as well as current and future federal rates. e. Mayor Talabisco reported on her trip to the U.S. Conference of Mayors sessions and her trip to Washington DC. The agenda was dynamic and the U.S. Conference of Mayors' focus for the coming year will be jobs, surface transportation, climate protection, airport security, and strengthening federal investments. 3. Assistant City Attorney Klahr had no report. Page 2 of 5 City Commission Meeting January 27, 2010 4. City Manager Miller said BSO reports the COPs program is doing a great job: 553 members (volunteer residents of the City of Tamarac) from 10 COP posts logged in 15,336 miles and 2,969 hours of work, which greatly assists BSO in their safety endeavors. With regard to our efforts on behalf of Haiti, we have entered into a partnership with Family Central and there are bins located at City Hall, Tamarac Community Center, and the Tamarac Recreation Center. Employees have contributed $620 for one dress down day, and another dress down day is scheduled for tomorrow; for only $5.00 you can wear your jeans to work for the day. We hope to send $1,000 to the Red Cross. Parks and Recreation is now on face book. Social Services Supervisor Cure has put together several excellent programs: a non- smoking program, volunteer income tax assistance, lectures on home medical coverage, senior coping skills, meals on wheels, a fast track kids program, and a partnership with the caregiver support group and Jewish Family Services. Public Works reports work on Fire Station 78 is complete and Fire Station 41 is 60% done. Also, the sidewalks at Mainlands Section 6 will be completed in February. Mayor Talabisco added Mrs. Obama spoke about childhood obesity and information will be provided to the cities through the U.S. Conference of Mayors. 5. There was no public participation. 6. CONSENT AGENDA: Commissioner Atkins -Grad seconded by Commissioner Bushnell moved the addition of Temporary Resolution 11763 to the consent agenda as Item 6(e). Assistant City Attorney Klahr read Temporary Resolution 11763 by title: A resolution of the City Commission of the City of Tamarac, Florida reaffirming its opposition to an amendment to the Florida Constitution that would force voters to decide all changes to a City or County's Comprehensive Plan; urging municipalities throughout Broward County and the State of Florida, as well as Florida electors, to oppose Florida Hometown Democracy's proposed amendment to the Florida Constitution; providing for conflicts; providing for severability; and providing an effective date. On roll call, Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice -Mayor Dressier "yes", Commissioner Bushnell "yes", and Mayor Talabisco "yes". Motion carried. Commissioner Atkins -Grad seconded by Vice -Mayor Dressler moved approval of all items on the consent agenda. On roll call Commissioner Glasser voted "yes", Vice -Mayor Dressler "yes", Commissioner Bushnell "yes", Commissioner Atkins -Grad "yes", and Mayor Talabisco "yes". Motion carried. a. Approval of the January 13, 2010 Commission Meeting Minutes APPROVED b. TR 11746 - AUTHORIZING PURCHASE OF GASOLINE AND DIESEL UTILIZING SE PURCHASING COOP BID: Approving the purchase of diesel fuel and gasoline from Port Consolidated, Inc. utilizing Coral Springs contract # 09-A-149 on behalf of the Southeast Florida Government Purchasing Cooperative; authorizing purchase of diesel fuel and gasoline in the quantities needed based on the Platts Fuel Index cost at the time of delivery; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2010-09 C. TR 11756 - AMENDMENT #7 TO AGREEMENT BETWEEN CITY OF TAMARAC AND RONALD L. BOOK, P.A.: Approving and authorizing the appropriate City Officials to execute Amendment #7 to the agreement between the City of Tamarac and Ronald L. Book, P.A., for lobbying services, extending the agreement through January 26, 2011, at a cost not to exceed $59,400 per year. RESOLUTION NO. R2010-10 Page 3 of 5 City Commission Meeting January 27, 2010 d. TR 11753 - ECONOMIC DEVELOPMENT FOUNDATION AGREEMENT: Approving an agreement between the City and the Tamarac Economic Development Foundation, Inc., for the funding of programs and activities to promote the economic development of the city; finding a municipal and public purpose; authorizing and directing the appropriate City Officials to take any and all action necessary to effectuate the intent of this resolution. RESOLUTION NO. R2010-11 e. TR11763 - OPPOSITION TO AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A CITY OR COUNTY'S COMPREHENSIVE PLAN: Reaffirming its opposition to an amendment to the Florida Constitution that would force voters to decide all changes to a City or County's Comprehensive Plan; urging municipalities throughout Broward County and the State of Florida, as well as Florida electors, to oppose Florida Hometown Democracy's proposed amendment to the Florida Constitution. RESOLUTION NO. R2010-12 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING There were no Ordinances scheduled for first reading. PUBLIC HEARING(S) 9:00 AM OR THEREAFTER PUBLIC HEARING(S) ORDINANCE(S)— SECOND READINGS 7. TO# 2186 SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT: Motion to adopt an Ordinance of the City of Tamarac, Florida on second 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.; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read Temporary Ordinance 2186 on second reading by title. Commissioner Atkins -Grad seconded by Vice - Mayor Dressler moved adoption. Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice -Mayor Dressler voted "yes", Commissioner Atkins -Grad "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Talabisco "yes". Motion carried.. ADOPTED ON FIRST READING JANUARY 13, 2010 ADOPTED ON SECOND READING JANUARY 27, 2010 ORDINANCE NO.O-2010-001 QUASI-JUDICIAL HEARING(S) There were no quasi-judicial hearings scheduled for this meeting. END OF QUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved the addition of Temporary Resolution 11761 as Item 8 to the regular agenda. Assistant City Attorney Klahr Page 4 of 5 City Commission Meeting January 27, 2010 read Temporary Resolution 11761 by title: A Resolution of the City Commission of the City of Tamarac, Florida acknowledging and approving a site plan extension for the Monterey Development Project under Chapter 2009-96, Laws of Florida; authorizing and directing the City Administration to take action consistent with the intent of this Resolution; providing for conflicts; providing for severability; and providing an effective date. On roll call Vice -Mayor Dressler voted "yes", Commissioner Atkins -Grad "yes", Commissioner Bushnell "no", Commissioner Glasser `yes", and Mayor Talabisco "yes". Motion carried. 8. TR11761-MONTEREY DEVELOPMENT PROJECT -SITE PLAN EXTENSION: A Resolution of the City Commission of the City of Tamarac, Florida acknowledging and approving a site plan extension for the Monterey Development Project under Chapter 2009-96, Laws of Florida; authorizing and directing the City Administration to take action consistent with the intent of this Resolution; providing for conflicts; providing for severability; and providing an effective date. Assistant City Attorney Klahr explained this matter is being brought up due to the lawsuit that was filed. Commissioner Atkins -Grad seconded by Commissioner Glasser moved to reconsider the item. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Bushnell "no", Commissioner Glasser "yes", Vice -Mayor Dressler "yes", and Mayor Talabisco "yes". Motion carried. Mayor Talabisco said she voted against this item last time and believes in her vote; however, circumstances that impact the City financially have arisen with regard to the lawsuit which is arguing constitutionality. The lawsuit would be very costly to the taxpayers and the outcome would be questionable. Commissioner Atkins -Grad seconded by Commissioner Glasser moved approval. On roll call Vice -Mayor Dressler voted `yes", Commissioner Atkins -Grad "yes", Commissioner Bushnell "no", Commissioner Glasser 'yes", and Mayor Talabisco "yes". Motion carried. RESOLUTION NO. R2010-13 There being no further business to come before the Mayor and City Commission, Mayor Talabisco adjourned the regular meeting of the City Commission at 10:30 a.m. � orlovA a r :M anonSwenson, i 1 o W / I a7b• • • Page 5 of 5 City Commission Meeting January 27, 2010