HomeMy WebLinkAbout2010-05-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
'WEDNESDAY MAY 12, 2010
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order on Wednesday, May 12, 2010 at 7:00 p.m. in Chambers, Tamarac City Hall, 7525 NW
88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Talabisco, Commissioner Pamela Bushnell, Commissioner Patricia
Atkins -Grad, and Commissioner Diane Glasser.
ABSENT: Vice -Mayor Harry Dressler
ALSO PRESENT: Deputy City Manager Michael Cernech, City Attorney Sam Goren, and
Assistant City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Glasser led the Pledge of Allegiance
1. PROCLAMATIONS AND PRESENTATIONS:
a. Update re: Current Legislative Session presented by Senator Jeremy Ring. Senator Ring
said this is the first time since he has been elected that Tallahassee ended up with more
money than the prior year due to federal funding. Senator Ring spoke of not making cuts in
education, law enforcement, the courts and human services and said the reason local
' governments are making cuts is due to the decrease in property taxes. Senator Ring said one
of biggest issues that they heard and addressed was from condominium associations
regarding retrofits of sprinklers, fire alarms and elevators. The other issue was the backlog of
the court system regarding foreclosures. Senator Ring expressed his concern regarding the
expansion of the Coconut Creek Seminole Casino. Senator Ring said, on the positive side, he
helped push through the annexation for Tamarac and said that as Chair of Government
Operations he was able to "kill' the TABOR bill for this year, but expects it to come back next
again year. Senator Ring said that Amendment 4, which is on the ballot, was not done by the
legislature but by petition and a recent poll said it was above the 60% threshold and he will
oppose it, but felt it has a chance to pass. The most significant part of this session was that
they did not make any real cuts and in this environment to actually increase the budget from
$65 billion to $70 billion is a positive thing and he is thrilled that he was able to come back and
tell everyone that the legislature made the budget work.
Commissioner Bushnell asked if the retrofit of the pool drains was included in the bill and
Senator Ring said no; that particular item can be addressed later on its own merits.
Commissioner Glasser pointed out that early on Senator Ring was against gaming and now
supports gaming. Senator Ring replied he always supported gaming but does not support the
expansion of the Coconut Creek Casino. Commissioner Atkins -Grad expressed concern for
the increase in traffic should the Coconut Creek Casino expand and Senator Ring said it would
alter the lifestyle of Broward County. Mayor Talabisco thanked Senator Ring for stopping by
and giving his update.
' b. Update re: Current Legislative Session by Representative Ari Porth. Mayor Talabisco
congratulated Representative Porth on the birth of his son. Representative Porth congratulated
the Commission on the annexation of Prospect Bend and said it passed because of the
Page 1 of 8 Commission Regular Meeting May 12, 2010
collective efforts of the Commission and city staff. Mayor Talabisco said we now have an
industrial area in Tamarac which will add over $300,000 to our tax base. Representative Porth
spoke of bills that were successful; The Jeffrey Klee Act, which removes the statute of '
limitations on criminal murder cases and allows families to file a civil suit in cold cases similar
to Klee's; a bill that adds attacks on homeless people to the state hate crimes statute; a bill
that requires background screenings before hiring personnel at assisted living facilities; the red
light camera bill; a bill for death benefits for firefighters killed in training exercises and the pain
clinic legislation. Mayor Talabisco thanked Representative Forth for his update on the
legislative session.
c. Presentation of a $2,000 check to the Mayor and Commission by the Fo Guang San
Buddhist Temple.
d. Presentation of a proclamation by Mayor Beth Talabisco proclaiming May 2010 as
"Sakyamuni Buddha Month". (Requested by Mayor Beth Talabisco)
e. Presentation by Carrie Kashar, Special Projects Coordinator/Broward County, of Certificates
of Appreciation to Adopt -A -Street Participants (Requested by Community Development
Director Jennifer Bramley)
f. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 16 -
22, 2010 as "Water Reuse Week". (Requested by Commissioner Patricia Atkins -Grad)
g. Presentation of a proclamation by Mayor Talabisco proclaiming May 16-22, 2010 as
"Emergency Medical Services Week". (Requested by Fire Chief Mike Burton).
2. City Commission Reports:
a. Commissioner Bushnell congratulated Mayor Talabisco on her installation as Vice '
President of the Broward League of Cities; wished Commissioner Glasser a very happy
birthday and said there is a wonderful art exhibit at the Community Center featuring artists
from Kings Point. Commissioner Bushnell attended a presentation on organ donation and said
if we do elect to be an organ donor we should make sure our families know. Commissioner
Bushnell said she was thrilled to watch via webinar Public Information Specialist Chad Quinn
and Management Analyst Bernadette Hughes give a presentation on Tamarac University.
b. Commissioner Atkins Grad said that over the last two weeks she has attended special
workshops regarding the budget, many homeowner association meetings, the Senior Hall of
Fame Breakfast and the Broward League of Cities Installation Dinner, where Mayor Gold of
Coral Springs was installed as President and Mayor Talabisco as Vice President.
C. Commissioner Glasser congratulated Mayor Talabisco on her installation as Vice Mayor
of the Broward League of Cities; praised staff on their work for the special workshops
regarding the upcoming budget and said Vice Mayor Dressler's suggestion to have quarterly
finance update meetings was a great idea as it keeps the Commission well informed and will
make the budget process much easier this year.
d. Mayor Talabisco reported the City of Tamarac has moved from "Silver Certified" to
"Gold Certified" Environmental Government and is one of only two cities in South Florida to
have received this certification from the Florida Green Building Coalition.
3. City Attorney Report: City Attorney Goren said with regards to the recently passed Red '
Light Camera Bill, HB 325, Tamarac previously passed an ordinance to set a bookmark to
Page 2 of 8 Commission Regular Meeting May 12, 2010
protect Tamarac's future rights. This bill is statewide with uniform application and has unique
provisions which they will look at very carefully and will provide an analysis to the Mayor and
'Commission shortly. The Pain Management Clinic Bill, SB 2722, is a comprehensive state
wide regulatory bill which provides for penalties, on site physician services, certifications of
doctors and a process to regulate pain management locations. City Attorney Goren reported
that the Broward League of Cities is aware the Ethics Commission has finished work and
adopted an Ethics Code for the Broward County Commissioners; they now have the option to
reject it, and it will go on the ballot in November, or accept it and it becomes a Broward County
Ordinance. At the League Board meeting on Thursday a request was made by Commissioner
Lieberman for the League to study and evaluate this proposal and make recommendations to
the County Commission regarding its roll in either supporting this proposal or not. The
members moved to create a committee to study this proposal within the next 30 days and
report back to the Board with the analysis. If this goes to referendum it would make this
ordinance applicable to cities also. More details will be provided to the Mayor and Commission
as this proceeds. Mayor Talabisco confirmed that Tamarac already has a procedures
ordinance and ethics ordinance in place and asked if the County Ordinance would supersede
Tamarac's. City Attorney Goren said if the County Commission does nothing it becomes
applicable to the County Commission and would have no impact on cities, if they reject it they
may have an alternate proposal with which they could choose to have cities bound by the
same rules. Mayor Talabisco asked who the attorney for the Ethics Commission was and who
chose the members of the Ethics Commission. City Attorney Goren responded Rob Titler,
Assistant County Attorney and the Ethics Commission were appointed by the Broward County
Commission. Mayor Talabisco asked what will happen next regarding red light cameras. City
'Attorney Goren responded that Tamarac's ordinance will have to be brought into compliance
with State Statute and we can then begin the process for an RFP.
4. City Manager Report: Deputy City Manager Cernech wished Mayor Talabisco and
Commissioner Glasser a happy birthday and congratulated staff on achieving Gold Level
Certification from the Florida Green Building Coalition. On May 6th there was an Innovation
Group webinar featuring the success of Tamarac University featuring Public Information
Specialist Chad Quinn and Management Analyst Bernadette Hughes. Mayor Talabisco said
this should be a best practice and asked it be put forwarded to the US Conference of Mayors
and the Broward League of Cities. Deputy City Manager Cernech said we received notice
from the US Department of Homeland Security that our application to the FEMA Assistance to
Firefighter Grant Program was approved in the amount $72,000 to provide funds for a new
generator and sprinkler system in Fire Station 41. Parks and Recreation will be hosting a
visitation team from the National Recreation and Parks Association from May 23rd to May 27th
as they seek reaccreditation. On May 15th from 9 to noon there will be a "Get Healthy and Go
Green" event at the Community Center and on Monday, May 315t at 10:00 a.m. we will have
our annual Memorial Day Ceremony at Veterans Park. The Storm Water Pump Rehabilitation
Project was completed one month ahead of schedule and $20,000 under budget. Tamarac
Fire Rescue reports that there was a structure fire in Mainlands 6 today and 4 people have
been displaced and are in the hands of Red Cross.
5. PUBLIC PARTICIPATION: Kieran Trevetti, 5716 Coco Palm Drive, introduced himself
as the Field Operations Supervisor for the US Census District 6 which covers the eastern
portion of Tamarac and described his duties.
Page 3 of 8 Commission Regular Meeting May 12, 2010
6. Consent Agenda: Commissioner Atkins -Grad seconded by Commissioner Glasser
moved approval of all items on the consent agenda. On roll call Commissioner Glasser "yes',
Commissioner Atkins -Grad "yes', Commissioner Bushnell "yes' and Mayor Talabisco "yes".
Motion carried.
'
a. Approval of the April 28, 2010 Regular Commission Meeting Minutes.
APPROVED
b. TR11806 THIRD RENEWAL OPTION FOR ROOF TARPS: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to
exercise the third renewal option for Bid Number 07-26B of roof tarps to the Sherwin-
Williams Company for economy roof tarps and to Harpster of Philipsburg, Inc. for heavy grade
roof tarps to provide for the purchase of annual requirements for roof tarps for the City of
Tamarac and on behalf of the Southeast Florida Governmental Purchasing Cooperative
for a period of one year, providing for conflicts; providing for severability; and providing
for an effective date.
RESOLUTION NO. R 2010-55
c. TR11814 LOCAL OPTION GAS TAX: A Resolution of the City Commission of the City
of Tamarac, Florida approving the 2010 amendment to Interlocal Agreement between
Broward County and City of Tamarac providing for division and distribution of the proceeds
of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax
Ordinance and authorizing the appropriate city officials to execute the agreement and take
all steps necessary to effectuate the intent of this Resolution; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION NO. R 2010-56
d. TR11815 ADDITIONAL LOCAL OPTION GAS TAX: A Resolution of the City Commission
of the City of Tamarac, Florida approving the 2010 amendment to Interlocal Agreement
'
between Broward County and City of Tamarac providing for division and distribution of the
proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel
Ordinance and authorizing the appropriate city officials to execute the agreement and take all
steps necessary to effectuate the intent of this Resolution; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION NO. R 2010-57
e. TR11816 FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX: A Resolution of the
City Commission of the City of Tamarac, Florida approving the 2010 amendment to
Interlocal Agreement between Broward County and City of Tamarac providing for division and
distribution of the proceeds from the Broward County Fifth Cent Additional Local Option
Gas Tax on Motor Fuel for Transit and authorizing the appropriate city officials to execute the
agreement and take all steps necessary to effectuate the intent of this Resolution; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION NO. R 2010-58
END OF CONSENT AGENDA
REGULAR AGENDA
7. TR11807 AUTHORIZING ACCEPTANCE OF THE ASSIGNMENT OF PURCHASE AND
SALE AGREEMENTS: A Resolution of the City Commission of the City of Tamarac, Florida
accepting the assignment of purchase and sale agreements from the Brotman Group, Inc; '
authorizing execution of the appropriate documents; providing for conflicts; providing for
severability and providing for an effective date. City Attorney Goren read TR11807 by title.
Page 4 of 8 Commission Regular Meeting May 12, 2010
Commissioner Atkins -Grad seconded by Commissioner Bushnell moved approval. Public &
Economic Affairs Officer Berns appeared and introduced Mindy Salway, Secretary/Treasurer
'of the Tamarac Economic Development Foundation, who gave a brief overview of the EDF.
Public & Economic Affairs Officer Berns gave a presentation (attached hereto and incorporated
herein). Commissioner Atkins -Grad said she is excited to see this move along. Commissioner
Glasser asked about the funding. Financial Services Director Mason said we are going to
finance the refundable deposits by using the existing cash we have. If we borrow the funds,
the interest rate is higher than we would pay back. This is a good business decision and after
due diligence to purchase these properties, we will come back before the Commission with a
Resolution to tap into the existing line of credit. Financial Services Director Mason said the
existing line of credit has about 11 months to run before it begins to fix and we will be back in
August or September to go back out to the market place to see if we can't roll this line of credit
over in order to have a longer period of time on a variable rate which will save us money.
Commissioner Glasser expressed concern about who would go out and seek businesses that
will attract people to the area. Financial Services Director Mason said it is market driven.
Public & Economic Affairs Officer Berns said part of what Tamarac is able to do by partnering
with the Economic Development Foundation is leverage some private sector resources with
various levels of expertise who will function as our "dream team". As we own and control the
land we will drive the process but will partner with the private sector to bring something
sustainable for Tamarac. Commissioner Glasser said she is looking for national organizations
that will draw people. Public & Economic Affairs Officer Berns said controlling 20 contiguous
acres on Commercial Boulevard will afford us some opportunities that we would never have
with individual parcels, we will be able to do something on a much greater scale and we will
'leverage those private sector resources to do what is best for Tamarac. Deputy City Manager
Cernech added this is just the first step and in order to market the mixed use corridor we
needed to have a mass of land to draw developers and businesses. There are national trade
shows that we will attend wherein we can target the kinds of businesses that you see
elsewhere but not in Tamarac. Commissioner Glasser said that if we do not have the big
retailers this will not succeed and Tamarac needs something like this to sustain it.
Commissioner Bushnell said she visited Coconut Creek's main street project one evening in
the middle of the week and was impressed with the number of people and the high end
businesses and expressed support for the purchase of the land. Commissioner Atkins -Grad
spoke of Coral Springs' "The Walk" and how successful it is and looks forward to something
like that in Tamarac. Mayor Talabisco said she is behind the purchase of these properties and
confirmed that to date one of the biggest issues we have had is that the parcels were
individually owned, asked if the purchase would affect our bond rating and if taking on more
debt would harm Tamarac. Financial Services Director Mason said this would have no effect
whatsoever and if the debt becomes fixed at some point we will end up making debt service
payments and when we start to develop the property we will get it back. Mayor Talabisco
confirmed that we currently do not collect a lot of tax revenue from these properties, but once it
is developed will increase tax revenue to the City and asked about partnering with the private
sector. Public & Economic Affairs Office Berns explained the benefits of working with the
private sector. Commissioner Glasser said that what she likes about this project is the easy
accessibility to the area which will be a draw for people to come from other areas. City
Attorney Goren said that over the next couple of meetings we will be bringing a housekeeping
'modification to the code that essentially clarifies what is being considered this evening, which
is investing in real estate, which is authorized by state law and Tamarac's code will reflect this.
This will occur during the due diligence period between now and the time of closing, all the
Page 5 of 8 Commission Regular Meeting May 12, 2010
parcels that are being considered are contiguous in the context of acquisition and each one
needs to be closed at the same time. Commissioner Bushnell asked who will have the final
say in what goes into the project and expressed concern about protecting businesses from
unfair competition. Public & Economic Affairs Officer Berns said ultimately the decision would
be made by the Commission and the protection of businesses would be taken into
consideration. City Attorney Goren said that the LAC, should it be approved, will provide
greater flexibility, the end result of which is you control the land by a Declaration of Protective
Covenants. Mayor Talabisco asked for a status on the LAC and Community Development
Director Bramley said it is moving through the county process, we have all of the agency
comments and there are a few changes that the Commission will see when it returns for
adoption. We do have support of the Broward County Planning Council Staff and it is being
transmitted out to the other members at the end of this week and will go to the Planning
Council at the end of the month and on to the County Commission in June. Mayor Talabisco
asked for an explanation of how the LAC is juxtaposed on these purchases. Community
Development Director Bramley said the LAC encompasses the entire 122 acres including the
subject property being discussed tonight. It is a change of land use to a more flexible land
use for development which accommodates 122 acres of commercial development, 1,875
residential units and community facilities. This will afford the area a great deal more flexibility
in terms of the land uses and the permitted uses. Mayor Talabisco said this is the perfect tool
in the tool box now and confirmed that the Commission would ultimately have a say as to what
goes into the project. Community Development Director Bramley said the Commission has
already approved the permitted uses in the entire 122 acres, those mix of uses and how they
are placed within each building is subject to the developer. There is an entertainment and
mixed use requirement, i.e. if there is an office there also needs to be entertainment, this will
ensure that it is a vibrant area during the day and in the evening.
Deputy City Manager Cernech said this Commission gave staff direction over a year ago this
was a priority. Staff had a meeting last May with a group of individuals who have done these
types of projects from which we got ideas and formulated a different approach then was
previously taken. This ultimately culminated in what is before you this evening. Deputy City
Manager Cemech thanked the current EDF for the significant efforts they put forth to make this
happen. Mayor Talabisco confirmed that if this is approved we could own this land for quite
some time and if this happens tomorrow or later, it is in the best interest of Tamarac to move
forward with this and thanked staff. On roll call Commissioner Bushnell "yes", Commissioner
Glasser "yes', Commissioner Atkins -Grad "yes', and Mayor Talabisco "yes". Motion carried.
RESOLUTION NO. R2010-59
ORDINANCE(S) — FIRST READING
8. TO2202 PUBLIC SERVICE TAX ORDINANCE: Motion to adopt an Ordinance of the City
Commission of the City of Tamarac, Florida, on first reading amending Chapter 6, "Finance
and Taxation", Article VI "Public Service Tax" of the Code of Ordinances of the City of
Tamarac by amending Sections 6-157 through 6-159 to provide for the implementation of a
Public Service Tax on electricity pursuant to Section 166.231, Florida Statutes; providing for
notice to the Department of Revenue; providing for codification; providing for conflicts;
providing for severability; providing for an effective date. Commissioner Atkins -Grad seconded '
by Commissioner Glasser moved adoption. City Attorney Goren read Temporary Ordinance
2202 on first reading by title. Financial Services Director Mason appeared and gave a
Page 6 of 8 Commission Regular Meeting May 12, 2010
presentation. Commissioner Atkins -Grad said this is a good thing and said she has a lot of
condominium associations in her district and asked how this would affect their water bills.
Financial Services Director Mason replied this does not apply to water only to electricity.
Commissioner Bushnell said that a $7 per month increase on an electric bill is something that
people can absorb and asked if the maximum of 10% could change, who makes the decision
to change it and who set the maximum of 10%. Financial Services Director Mason said it
would stay at 10% until a decision was made to lower it, get rid of it or just continue, the
Commission would make the decision to change the rate and the 10% maximum is set by state
law. Commissioner Glasser confirmed that we were only talking about a public service tax on
electric and that it would increase a customer's bill on average by $7.
There was a discussion regarding recent budget cuts, property tax revenue, reduction in
property tax values and the effects property tax reform has had on the operations of city
services. Deputy City Manager Cernech said that in budget discussions for FY 2009 there was
contentious debate on a public services tax and at that time it was decided that it was not the
right time for a public services tax. At that time staff was directed to come back to the
Commission when the time was right and this is what we have done. Mayor Talabisco said the
decisions the Commission makes are very difficult and it is all about the sustainability of
Tamarac and we would be fiscally irresponsible not move forward with the public services tax.
Deputy City Manager Cernech added the public services tax money is not new revenue it is
replacement revenue and it won't be enough to replace the revenue lost due to the declining
property tax revenue. We will still have to make reductions in expenses and we will have to
'consider reductions in services. Mayor Talabisco asked what we are collecting this year in ad
valorem taxes and what police and fire services cost Tamarac. Deputy City Manager Cernech
replied that we budgeted approximately $18.5 million and for this fiscal year we budgeted $16
million for the fire department and $11 million for BSO, we expect costs in the fire department
to rise by about $1 million and BSO to rise by at least $2 million and we will try to hold the line
on the fire assessment. Mayor Talabisco asked what we would be collecting next year in ad
valorem taxes and Deputy City Manager Cernech said that based on the Prope rtynAppraiser's
estimates we are looking at approximately $13.5 or $13.7 million. Financial Services Director
Mason confirmed that if we leave the millage rate the same, with the Property Appraiser's
estimates and the 25.5 decrease in property value, it would be approximately $14 million.
There was a discussion regarding managing the millage rate.
Mayor Talabisco said this is an investment in our City and the City's future. Commissioner
Atkins -Grad spoke of the recent removal of the 18% surcharge on the utility bills and supports
this public services tax. Commissioner Glasser concurred, said we have to move forward with
this and asked when this would take effect. Deputy City Manager Cernech said if this passes
on second read on May 26`h, it will go into effect on October 1, 2010. Mayor Talabisco asked if
this will affect businesses in Tamarac and Deputy City Manager Cernech said it will affect
everyone that pays and electric bill. Mayor Talabisco confirmed that it will bring in
approximately $3 million. Commissioner Bushnell asked how people would be notified of this
public service tax and Deputy City Manager Cernech said he would look into that and get back
' to the Commission with the information. City Attorney Goren said state statute requires certain
notification be given to rate payers and provides for appropriate notice. On roll call
Page 7 of 8 Commission Regular Meeting May 12, 2010
Commissioner Atkins -Grad "yes", Commissioner Bushnell "yes', Commissioner Glasser "yes",
and Mayor Talabisco "yes'. Motion carried.
ADOPTED ON FIRST READING MAY 12, 2010 ,
PUBLIC HEARING(S)
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)
Deputy City Manager Cernech announced that negotiations with the fire union have concluded
and a new contract has been agreed to. The contract will now go back to the members of the
fire union for ratification and it is anticipated it will be before the Commission for discussion and
consideration at the May 26th meeting. Deputy City Manager Cernech and Mayor Talabisco
thanked and congratulated Human Resources Director Swanson and Fire Chief Burton for the
tremendous job in getting this to the point where it can be considered both by the fire union
and the Commission.
There being no further business to come before the Mayor and City Commission, Mayor I
Talabisco adjourned the regular City Commission meeting at 9:40 p.m.
Seth Talabisco, Mayor
Patricia Teufel
Assistant City Clerk
Page 8 of 8 Commission Regular Meeting May 12, 2010
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