The URL can be used to link to this page

Home My WebLink About2010-03-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MARCH 24, 2010 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, March 24, 2010, in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. 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, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Mayor Talabisco led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Talabisco proclaiming the week of April 11 - April 17, 2010 as "Children's Week". b. Presentation of a proclamation by Mayor Talabisco proclaiming April 9th and 10th, 2010 as "Relay for Life Days". C. Presentation of a proclamation by Mayor Talabisco proclaiming April 2010 as "Water Conservation Month". d. Presentation of a proclamation by Mayor Talabisco congratulating Lieutenant/Paramedic Duane Pierce as "2009 City of Tamarac Firefighter of the Year". e. Presentation of a proclamation by Mayor Talabisco proclaiming March 2010 as "Womens' History Month". f. Presentation to the Mayor and Commission of the Milestone Achievement Award in recognition of leadership, innovation, and tangible progress toward climate protection. Mayor Talabisco called for a recess at 9:25 a.m. and reconvened the meeting at 9:30 a.m. (Commissioner Glasser returned to Chambers at 9:33 a.m.) 2. City Commission Reports: a. Commissioner Bushnell reported on the progress of the Census. b. Commissioner Atkins Grad had no report. C. Commissioner Glasser had no report. d. Vice Mayor Dressler reported on the status of the MPO's subcommittee recommendation for the MPO to become independent, and reported on the actuarial presentation to the general employees' pension board, and said the City is actuarially sound. e. Mayor Talabisco reported the number of volunteers for the COP's program in the Woodlands has increased, now making the total number of volunteers in the Woodlands 18. Mayor Talabisco thanked BSO Chief Duguay for helping to move this program along. Mayor Talabisco reported County Commissioner Ilene Lieberman, who is also a Tamarac resident, is President -Elect of the Florida Association of Counties. County Commissioner Lieberman wrote an article for the Sun -Sentinel about what is going on in Tallahassee, which Mayor Talabisco urged everyone to read and understand what is going on in Tallahassee and how it affects County and Municipal budgets. Mayor Talabisco met with Senator Deutch on Saturday morning and gave him a tour of the City in order to solidify a place in his office for Tamarac. Senator Deutch said Tallahassee would be less than pleased with what we have accomplished Page 1 of 5 Commission Regular Meeting March 24, 2010 since they feel the programs and projects Tamarac has put forth for its residents are unnecessary; however, he does not feel that way. Mayor Talabisco said we will continue to fight the good fight. Mayor Talabisco attended the National League of Cities meeting in Washington last week and brought back information for her colleagues. The legislative priorities of the NLC are in lock step with the Conference of Mayors, e.g., jobs, infrastructure, local energy efficiency and conservation efforts. Mayor Talabisco went to the 'Hill' and met with Congressman Cohen, TN, who sits on the House Transportation and Infrastructure Committee. Tamarac has submitted four project requests to the Transportation Reauthorization Bill, which is overseen by Congressman Cohen's committee. This morning Mayor Talabisco spoke with our Federal Lobbyist and was told as of last night our earmarks are staying the same and our delegation should be able to put in for everything we have requested; however, the funding mechanism for the Transportation Reauthorization Bill is questionable and probably will not be funded this year. 3. City Attorney Goren discussed SB1902, the revised Pension Bill. Vice -Mayor Dressler asked City Attorney Goren and City Manager Miller to look into the scenario if a person is four years into a five-year vesting program when and if a change is made to the pension plan, the effect this would have, and report back to the Mayor and City Commission. City Attorney Goren reported on the Local Fire Bill which is still active in Tallahassee. Tamarac as well as the FLC has taken no direct position on this Bill, and its impacts to Tamarac are unknown at this time. City Manager Miller added the Broward County City Managers' Association subcommittee (of which City Manager Miller is a member) went through the Bill extensively and wrote a report which was sent to the FLC Executive Director. The FLC forwarded the report to their lobbyists for consideration and the comments are being reviewed in Tallahassee. City Attorney Goren reported on TABOR and said the joint resolution has now excluded municipalities. City Manager Miller added in conversation with our lobbyist he was told the legislature will try to amend the Bill again, from the floor, to include local governments. Commissioner Bushnell questioned who removed the language and City Attorney Goren said Senator Haridopolos City Attorney Goren reported on the Inspector General Office Bill (IOG Bill) which is still alive. If the Bill passes the funding mechanism will come from the County and the Cities and .25% will be added to each local government contract to fund the office. It will not, however, affect interlocal agreements, grants, and auditing contracts. Additionally, there is language that says municipalities must adopt an ethics code by 2011; Tamarac may be able to readopt our ethics code so that we will not have an ethics compact imposed upon us. Vice -Mayor Dressler asked if this would apply to Tallahassee and City Attorney Goren said he heard a Bill is around that would apply a sunshine law to the state legislators, but he has not seen it yet. 4. City Manager Miller reported the roof on the Multi Purpose Center must be replaced, and it will be paid for out of the sinking fund. Fire Station 78's internal reconstruction has been completed, and Fire Station 41's rehabilitation is 90% completed. The Mainlands 6 sidewalk and traffic control project as well as the citywide boat ramp project are completed. Parks and Recreation has a number of events coming up which City Manager Miller spoke of during his report at the last Commission meeting, and the outdoor concert has been rescheduled to Friday, April 30. Commissioner Atkins -Grad informed everyone that a year ago the City of Tamarac passed a resolution regarding Mothers Against Predators, which was sent to the League of Cities. Page 2 of 5 Commission Regular Meeting March 24, 2010 Commissioner Atkins -Grad followed up on this matter and the League of Cities has now sent the resolution to all Broward County municipalities in the hopes other cities will join in and pass similar resolutions. 5. PUBLIC PARTICIPATION: Ellie Petardi, 8200 NW 58 Street and John Zangara, 5804 NW 87 Terrace spoke in opposition to the ordinance requiring A/C units to be hidden from the public right-of-way with fencing/landscaping. Mr. Zangara also spoke about landscape maintenance throughout the City. Community Development Director Bramley said A/C units are to be screened from public -rights -of -way for aesthetics in the communities and to keep home values up. Community Development is willing to sit with residents to see what their issues are that would prohibit them from screening the A/C units from view. Commissioner Atkins -Grad confirmed the fencing/screening does not have to be a physical fence, but could also be landscaping/shrubbery to hide the A/C units. John Lawson, Lawson Sanitation, 9120 NW 96 Street spoke in opposition to the RFP for Waste Haulers and discussed the issues in Hollywood. Mayor Talabisco confirmed Mr. Lawson was part of the group that ran the ad in the newspaper last week, and explained to Mr. Lawson that Hollywood has nothing to do with Tamarac. Vice -Mayor Dressler said this Commission looks out for the best interests of all the residents of Tamarac and has been fully briefed by staff with regard to economies of scale in order to save money; the City does not anticipate charging more for waste services. Public Works Director Strain said Tamarac is one of many cities entertaining going to one vendor for these services. Public Works Director Strain and Purchasing/Contracts Manager Glatz said the provision in the contract allows for the selection of one or several vendors. CONSENT AGENDA 6. Commissioner Atkins -Grad seconded by Commissioner Glasser moved to table TR11776 to the April 14, 2010 consent agenda, at or after 9:00 a.m. On roll call Commissioner Glasser voted "yes", Commissioner Atkins -Grad "yes", Vice -Mayor Dressler "yes", Commissioner Bushnell "yes", and Mayor Talabisco "yes". Motion carried. Commissioner Glasser seconded by Commissioner Atkins -Grad moved the addition of TR11791 to the Consent Agenda as Item 6(f). TR11791 A Resolution of the City Commission of the City of Tamarac, Florida, supporting section 893.055, F.S., adopted during the 2009 legislative session; further supporting additional legislative efforts to regulate the operation and ownership of pain management clinics on a statewide level, including, but not limited to Senate Bill 646, Senate Bill 804 and House Bill 671; directing the City Clerk to transmit a copy of this Resolution to the Governor of the State of Florida, the members of the Florida Legislature and the Broward League of Cities; providing for conflicts; providing for severability; and providing for an effective date. Vice -Mayor Dressler confirmed it is not the intent of the language in the ordinance that will be added as Item No. 8 to regulate traditional pharmacies. On roll call Commissioner Atkins -Grad voted "yes", Vice -Mayor Dressler "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. Vice -Mayor Dressler seconded by Commissioner Bushnell moved the approval of all items on the consent agenda, including TR11791, but with the exception of TR11776 which was tabled to April 14, 2010. On roll call Vice -Mayor Dressler voted "yes", Commissioner Bushnell "yes", Page 3 of 5 Commission Regular Meeting March 24, 2010 Commissioner Glasser "yes", Commissioner Atkins -Grad "yes", and Mayor Talabisco "yes". Motion carried. a. Approval of the Minutes of the March 10, 2010 Commission Meeting. APPROVED b. TR11765 - AUTHORIZING FOUR WEEK VACATION FOR MAYOR AND COMMISSION: Authorizing a four -week consecutive period (July 18, 2010 — August 15, 2010) during which time the City Commission will not schedule any regular meetings pursuant to Section 4.06 of the City Charter. . RESOLUTION NO. R2010- 32 C. TR11776 - SKATE PARK AMENITIES: Approving the purchase and installation of skate park amenities from American Ramp Company at a cost not to exceed $180,220.15, utilizing the Texas Association of School Boards "Buyboard" Consortium. TABLED TO APRIL 14, 2010 AT OR AFTER 9:00 A.M. d. TR11778 - AMENDMENT #2 - RENEWAL WITH FRANKLIN COMMUNICATION LLC: Authorizing the appropriate City Officials to renew an agreement for "printing & distribution of City of Tamarac publications" to and execute and agreement with Franklin Communications, LLC for printing services for a one (1) year period, providing for one (1) additional one (1) year renewal option at the discretion of the city; authorizing the City Manager to approve expenditures for printing. RESOLUTION NO. R2010-33 e. TR11782 - SUNRISE TRAFFIC SAFETY DEVICES GRANT: Authorizing the appropriate City officials to execute an Agreement between the City of Tamarac, a sub -grant participant, and Sunrise Fire Rescue, the sub -grantee project coordinator, for the receipt of Traffic Safety Devices under a Broward County Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant funds. RESOLUTION NO. R2010-34 f. TR11791- SUPPORTING LEGISLATIVE EFFORTS TO REGULATE THE OPERATION AND OWNERSHIP OF PAIN MANAGEMENT CLINICS ON A STATEWIDE LEVEL: Supporting section 893.055, F.S., adopted during the 2009 legislative session; further supporting additional legislative efforts to regulate the operation and ownership of pain management clinics on a statewide level, including, but not limited to Senate Bill 646, Senate Bill 804 and House Bill 671; directing the City Clerk to transmit a copy of this Resolution to the Governor of the State of Florida, the members of the Florida Legislature and the Broward League of Cities; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2010-35 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING 7. T02191 - SUNSETTING OF INSURANCE ADVISORY BOARD: Motion to adopt an Ordinance of the City of Tamarac, Florida, on first reading repealing Sections 2-136 through 2- 141, inclusive, to provide for the sunsetting of the Insurance Advisory Board; providing for codification; providing for conflicts; providing for severability; and proving for an effective date. Commissioner Atkins -Grad seconded by Commissioner Glasser moved adoption of T02191 on first reading. City Attorney Goren read T02191 on first reading by title. On roll call Page 4 of 5 Commission Regular Meeting March 24, 2010 Commissioner Atkins -Grad voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice -Mayor Dressler "yes", and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING MARCH 24, 2010 8. Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved the addition of T02199 to the agenda as Item 8. An Ordinance of the City Commission of the City of Tamarac, Florida, establishing a temporary moratorium on the issuance of local business tax receipts for the operation of "Pain Clinics" and "Pain Management Clinics" and for businesses which dispense prescription drugs for one hundred and eighty (180) days; providing for severability; providing for conflicts; providing for an effective date. On roll call Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice -Mayor Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Talabisco "yes". Motion carried. Commissioner Atkins -Grad seconded by Vice -Mayor Dressler moved the adoption of T02199 on first reading. City Attorney Goren read T02199 by title. BSO Chief Duguay gave a presentation and said Tamarac has no issues with pain clinics; however, there are pharmacies that fill prescriptions for non -medical needs. Pain clinics bring crime to the area and tie up police resources. This is a national problem. Vice -Mayor Dressler thanked BSO Chief Duguay and the entire BSO agency for their efforts to try to combat this serious social and national problem. Commissioner Bushnell commended BSO Chief Duguay for taking on this task. 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 MARCH 24, 2010 PUBLIC HEARING(S) 9:00 AM OR THEREAFTER There were no public hearings scheduled for this meeting ORDINANCE(S)— SECOND READINGS There were no ordinances scheduled for second reading. 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) There being no further business to come before the Mayor and City Commission, Mayor Talabisco adjourned the regular meeting of the City Commission at 10:40 a.m. Beth Talabisco Mayor Marion Swens MC City Clerk Page 5 of 5 Commission Regular Meeting March 24, 2010