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HomeMy WebLinkAbout2010-05-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MAY 26, 2010 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order on Wednesday, May 26, 2010 at 9:00 a.m. 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, Assistant City Attorney Julie Klahr and Assistant City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Vice -Mayor Dressler led the Pledge of Allegiance 1. PROCLAMATIONS AND PRESENTATIONS: There were no Proclamations or Presentations scheduled for this meeting 2. City Commission Reports Commissioner Bushnell attended a meeting regarding the 595 transit study; the Health Expo at the Community Center; a ribbon cutting for a new restaurant in Tamarac; flew home to visit ,family; participated in an Adopt -a -Street cleanup; attended the Social Services presentation at the Bermuda Club; attended the Buddha's birthday celebration and visited with the Parks & Recreation Accreditation Team. Commissioner Atkins Grad attended the ribbon cutting, Buddha's birthday celebration, the Health & Hurricane Expo, the swearing in ceremony for Congressman Ted Deutch and the Mental Health Association's yearly luncheon on May 19tn Commissioner Glasser attended the most recent BSO Operation Medicine Cabinet event and was pleased to see how many people attended and dropped off unused and old medicine. Commissioner Glasser has been appointed to the Ethics Committee for the Broward League of Cities and will keep the Mayor and Commission informed of future developments. Vice Mayor Dressler gave his quarterly financial review based upon the investment report that Finance is required to provide on a monthly basis, and asked Financial Services Director Mason and City Manager Miller to include a discussion regarding housing at the next budget workshop. Vice Mayor Dressler spoke of the housing starts numbers and the impact the end of the $8,000 stimulus package would have on those numbers and said he does not think things will stabilize or property values increase for at least another two years, and he also spoke of geo-political issues that will affect our economy, and said this will not be good for Tamarac and it is even more important for us to take the long view into consideration. Vice Mayor Dressler commented that Financial Services Director Mason's adjustment and integration into Tamarac has been exemplary. Mayor Talabisco said the decisions they make in terms of Tamarac's sustainability are extremely important. Vice Mayor Dressler added he read about a Mayor in another South Florida city talking about not raising taxes and not firing Page 1 of 7 Commission Regular Meeting May 26, 2010 anyone as he was going to use money that was in reserves; however, from financial theory the last thing a public entity would want to do is to take money out of reserves to pay fixed expenses. Vice Mayor Dressler does not want Tamarac residents to read that and think that is the way to go. There was a discussion regarding the housing market. Mayor Talabisco welcomed Cooper City Mayor Debbie Eisinger and congratulated her on being elected Secretary of the League of Cities. Mayor Talabisco welcomed John McNamara, President Local 3080. Mayor Talabisco said she received a memo from Congressman Deutch's office and he is going ahead with our agenda in terms of projects we have at the federal level, and is supporting our top projects. Mayor Talabisco and Assistant City Manager Phillips will be meeting with Congressman Deutch and his staff in the coming weeks. Mayor Talabisco said she and Public & Economic Affairs Officer Berns have been in touch with Shane Strom from Governor Crist's office regarding the annexation and we should be hearing shortly whether or not it has been approved by the Governor. 3. City Attorney Report: Assistant City Attorney Klahr reported that the County Commission had voted in favor of County Commission Code of Ethics applying to cities and also voted in favor of the County Attorney drafting ballot language to make that apply. 4. City Manager Report: City Manager Miller said the Broward Sheriffs Office will be conducting a proactive traffic enforcement operation in conjunction with the Florida Click It or Ticket Campaign from May 24th to June 6th. To help kick off the state wide campaign BSO Tamarac hosted a high visibility traffic enforcement operation yesterday; deputies issued a total of 131 traffic citations which included 42 seat belt violations, 34 speeding violations, 13 red light violations, 5 criminal citations and one arrest. City Manager Miller reported that he is pleased that the fire union endorsed the proposed contract which is on today's Consent Agenda and thanked John McNamara and members of Local Union 3080. City Manager Miller said we have been named and designated a Tree City for the 17th year in a row by the Arbor Day Foundation. Tamarac Fire Rescue reports that President Obama proclaimed May 23rd through May 29th as National Hurricane Preparedness Week and said residents can obtain valuable information at www.hurricanes.gov. Parks and Recreation extends their thanks to the Mayor and Commissioners and staff for all the assistance they provided during the reaccreditation process. City Manager Miller reported that Mayor Talabisco, Commissioner Bushnell and staff attended a 55 and over meeting the goal of which was to give resources to the HOA/COA presidents so that they can identify those seniors that are home bound and in need of services and link them with the proper social service agencies. Over 600 attended the 'Healthy Go Green' event held at the Community Center; there will be a Memorial Day ceremony held at Veteran's Park at 10:00 a.m. on May 31St and all are invited. Mayor Talabisco thanked and expressed her appreciation to Human Resources Director Swanson, her staff, Eric Viveros, John McNamara and Chief Burton for all the work that went into getting the fire contract ratified and approved. 5. PUBLIC PARTICIPATION: Cooper City Mayor Debbie Eisinger appeared and spoke of the importance of supporting the 2nd Amendment to the ILA and addressed the Commission's questions and concerns. Page 2 of 7 Commission Regular Meeting May 26, 2010 6. Consent Agenda: Vice Mayor Dressler seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call Commissioner Atkins -Grad "yes", Commissioner Bushnell "yes" Vice Mayor Dressler "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. a. Approval of the May 12, 2010 Regular Commission Meeting Minutes APPROVED b. TR11789 WTP FILTER BACKWASH WATER RECOVERY SYSTEM PROJECT: Approving Task Authorization No. 10-02E and authorizing the appropriate City Officials to execute Task Authorization No. 10-02E with Eckler Engineering, Inc., to provide professional services for the design of a new filter backwash water recovery system at the Water Treatment Plant; including preparation of detailed plans and specifications followed by permitting and bidding assistance, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2006-131, for an amount not to exceed $93,000.00; approving funding from the 2009 Utilities Bond proceeds; authorizing the appropriate City Officials to administer the contract. RESOLUTION NO. R2010-60 c. TR11796 - AMENDED INTERLOCAL AGREEMENT: Supporting the Broward County League of Cities Amendment to the Interlocal Agreement for Public School Facilities Planning; (Case No. 6-MI-10) providing for conditions of approval. RESOLUTION NO. R2010-61 d. TR11812 PURCHASE OF SOLAR SALT FROM MORTON SALT: Authorizing the appropriate City Officials to approve the participation in a purchasing agreement for solar salt for water treatment from Morton Salt, utilizing the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 for an estimated total cost of $35,103.75 annually, approving funding from the appropriate accounts. RESOLUTION NO. R2010-62 e. TR11813 - CITYWIDE CULVERT IMPROVEMENT PROGRAM: Approving the award of Bid Number 10-09B to Ray Qualmann Marine Construction, Inc. for the construction of phase II of the Citywide Canal Culvert Improvement Project, authorizing the appropriate City Officials to execute an Agreement with Ray Qualmann Marine Construction, Inc. For the construction of phase II of the Citywide Canal Culvert Improvement Project in an amount not -to -exceed $357,351.00 from the appropriate accounts; authorizing budgetary amendments as necessary for proper accounting purposes. RESOLUTION NO. R2010-63 f. TR11817 - DISASTER DEBRIS REMOVAL AGREEMENT RENEWAL: Approving the renewal of the Agreements with Ashbritt, Inc. and DRC Emergency Services, LLC for disaster debris removal services; authorizing the appropriate City Officials to execute renewals with Ashbritt, Inc. and DRC Emergency Services, LLC for disaster debris removal services. RESOLUTION NO. R2010-64 g. TR11818 - DISASTER DEBRIS MONITORING AGREEMENT RENEWAL: Approving the renewal of the Agreement with Beck Disaster Recovery, Inc. for disaster debris monitoring services; authorizing the appropriate City Officials to execute renewal with Beck Disaster Recovery, Inc. for disaster debris monitoring services. RESOLUTION NO. R2010-65 h. TR11819 - CITYWIDE CULVERT CLEANING BID AWARD: Authorizing the award of Bid 10-12B to Reynolds Inliner, LLC for Citywide Storm Drain Pipe and Culvert Cleaning; authorizing the appropriate City Officials to execute said Agreement with Reynolds Inliner, LLC for Citywide Storm Drain Pipe and Culvert Cleaning in amount not to exceed $153,300.00 from Page 3 of 7 Commission Regular Meeting May 26, 2010 the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2010-66 i. TR11820 NEW WTP CLEARWELL - TASK AUTHORIZATION NO 10-03E: Approving Task Authorization 10-03E and authorizing the appropriate City Officials to execute Task Authorization No. 10-03E with Eckler Engineering, Inc., to provide professional services for the construction management of a new clearwell at the Water Treatment Plant in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2006-131, for an amount not to exceed $52,600.00; approving funding from the 2009 Utilities Bond proceeds; authorizing the appropriate City Officials to administer the contract. RESOLUTION NO. R2010-67 j. TR11821 WTP CLEARWELL ADDITION PROJECT (CONTRACT AWARD) - BID NO 10- 1413: Awarding Bid No. 10-14B to R.J. Sullivan Corp and authorizing the appropriate City Officials to execute an agreement between the City of Tamarac and R.J. Sullivan Corp for an amount of $1,628,900.00 for the Water Treatment Plant Ceearwell Addition Project; approving funding from the 2009 Utilities Bond proceeds; authorizing the appropriate City Officials to administer the contract. RESOLUTION NO. R2010-68 k. TR11786 BARIATRIC STRETCHERS AND RAMP SYSTEMS GRANT: Authorizing the appropriate City Officials to approve the Grant Application and to execute an Agreement between the City of Tamarac, as sub -grantee project coordinator, and the City of Miramar as a sub -grant participant, through Broward County for bariatric stretchers and rescue ramp systems, under a Broward County Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant funds. RESOLUTION NO. R2010-69 I. TR11823 HYPOTHERMIA INDUCTION KITS: Authorizing the appropriate City officials to execute an Agreement between the City of Tamarac, a sub -grant project coordinator, and various fire rescue sub -grantees for the receipt of hypothermia induction kits, under a Broward County Emergency Medical Services (EMS) grant, as part of the state EMS County grant funds in the amount of forty-three thousand eight hundred fifty five ($43,855). RESOLUTION NO. R2010-70 m. TR11825- GRANT AGREEMENT FOR ASSISTANCE TO FIREFIGHTERS PROGRAM: Accepting a grant award in the amount of $72,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency Assistance to Firefighters grant program; authorizing the appropriate City officials to execute a project agreement in the amount of $90,000 between the U.S. Department of Homeland Security and the City of Tamarac for grant funding in the amount of $72,000 and a 20 percent match of $18,000 in local funds, to provide for reimbursement of construction costs for upgrades to Fire Station #41. RESOLUTION NO. R2010-71 n. TR11826 - INTERNATIONAL ASSOC. OF FIREFIGHTERS (IAFF) CONTRACT: Approving the agreement with the International Association of Firefighters, Local 3080; authorizing the appropriate City officials to execute an agreement with the International Association of Firefighters, Local 3080 for the period from October 1, 2009 through September 30, 2012; providing for the transfer of funds. RESOLUTION NO. R2010-72 o. TR11828 - REPLACEMENT OF CITY HALL ROOFING SYSTEM COMPONENTS: Approving an Agreement with Specified Architectural Systems, Inc., a sole source distributor, for the replacement of the translucent panel roof system components at the City of Tamarac Page 4 of 7 Commission Regular Meeting May 26, 2010 City Hall building located at 7525 NW 88th Avenue; authorizing the appropriate City Officials to execute said Agreement; authorizing an expenditure not to exceed $39,350.00. RESOLUTION NO. R2010-73 p. TR11830 - URGING BROWARD COUNTY COMMISSION TO FUND BROWARD SHERIFF'S REGIONAL CRIME LABORATORY: Urging the Broward County Board of County Commissioners to continue to fund the Broward Sheriffs Regional Crime Laboratory. RESOLUTION NO. R2010-74 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING 7. T02204 - CITY INVESTMENT IN REAL PROPERTY: Motion to approve an Ordinance of the City of Tamarac, Florida on first reading amending Chapter 6 of the Code of Ordinances of the City of Tamarac, Florida, specifically, by enacting a new Section 6-42, "City Investment in Real Property"; to provide for the use of real estate, land trusts, or other legally available ownership vehicles, as authorized investments; providing for codification; providing for conflict; providing for severability; providing for an effective date. Commissioner Glasser seconded by Commissioner Atkins -Grad moved adoption. Assistant City Attorney Klahr read Temporary Ordinance 2204 by title. Vice Mayor Dressler commented that at a recent Woodmont Property Owners Association Meeting he was able to explain the rationale behind the purchase and people seemed to understand and were satisfied with the explanation. Commissioner Atkins -Grad spoke about item 6 (p) on the Consent Agenda and said she is fully behind supporting the continued funding of the crime lab. Mayor Talabisco said on May 24th she, Community Development Director Bramley and Michelle Melgren met with Commissioners Lieberman, Ritter, Gunsberger and Jones and have received their support of our LAC, which covers the 57th Street Corridor, and is part of this Ordinance. Mayor Talabisco asked when the LAC would come before the County and Community Development Director Bramley responded it is scheduled for June 9th and the Planning Council tomorrow morning. Mayor Talabisco said what is important as we go forward is sustainability and investing in Tamarac and this ordinance ensures the sustainability of Tamarac. Vice Mayor Dressler said people understand the logic of investing in land at this time. City Manager Miller said everything is connected; if you have jobs, you have bank deposits, people buy houses and it increases property value which gives us sustainability. Vice Mayor Dressler commented that people need to be cognizant of having the LAC progress as it is tied in with the MPO and the long term transit hub as well as Tamarac's long term planning in the MPO's county wide transportation planning. Commissioner Glasser said this is an investment in the future of Tamarac. Commissioner Bushnell spoke of the success of other similar areas and said she supports this ordinance. Mayor Talabisco said the transit component puts Tamarac on the map in terms of the county, the state and federal level and enables us to look for more grants and ultimately brings jobs into Tamarac. On roll call Vice Mayor Dressler "yes", Commissioner Atkins -Grad "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING MAY 24, 2010 Page 5 of 7 Commission Regular Meeting May 26, 2010 PUBLIC HEARING(S) ORDINANCE(S) — SECOND READINGS 8. TO2202 - PUBLIC SERVICE TAX ORDINANCE: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second 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. Assistant City Attorney Klahr read Temporary Ordinance 2202 by title. Financial Services Director Mason gave a presentation. Vice Mayor Dressler said that when you tax something generally usage goes down and asked if this had been anticipated. Financial Services Director Mason responded this has been taken into account. Vice Mayor Dressler commented the State of Florida is looking to tax fossil fuel to balance their budget. Mayor Talabisco left the chambers at 10:00 a.m. and returned at 10:04 a.m. Vice Mayor Dressler confirmed that all the other cities in Broward County, except Tamarac, have this type of tax and other cities have had the advantage of that cash flow for decades. Vice Mayor Dressler said he is in favor of this; however, he expressed concern that he saw no mention in the newspapers, and there is no one from the public to ask questions about this tax. Vice Mayor Dressler said this was discussed two years ago and we have had several workshops this year where this was seriously discussed, there was a presentation for both readings of this ordinance, but he still had reservations as he does not know where the public or press stands on this. Mayor Talabisco asked Assistant City Attorney Klahr and Assistant City Clerk Teufel to clarify that the item had been properly noticed in the newspaper in accordance with law. Assistant City Clerk Teufel said that we are required by statute to advertise 10 days before second reading which was done and the ad appeared in the paper on May 16t". Mayor Talabisco said the agendas are also on line and legislation is posted in the back of chambers and available to the public. Assistant City Clerk Teufel said there is a book on the counter in the City Clerk's office for the public to come in to look at items that are on the agenda. Mayor Talabisco said she wanted to make sure that the record reflects and it is clear that everything was done properly and according to state statute. Vice Mayor Dressler said he understands that the City has done everything statutorily required but wished that there was more participation from the public. Commissioner Glasser said they all feel the same frustration; however, this will include renters and businesses and will be equitable throughout the City. This will enable us to keep the services we currently have in place. Commissioner Atkins -Grad said information regarding this item was included in her community newsletter. City Manager Miller added that unfortunately there has been a history of lack of public participation, and one of the things he has seen is that when there is an 83% approval rating of the services offered and how you practice your governance, there are not a lot of people who are unhappy. Therefore, you do not get a lot of public participation. This says a lot about City staff and the Commission and the organization as a whole. About two years ago focus groups were held and one of the questions asked was about this particular tax to see how people felt about it. We found out people were willing to pay another $10 a month in order to maintain services. City Manager Miller said that when we went to the district meetings this is one of the items discussed and there was relatively little opposition. Commissioner Bushnell said she Page 6 of 7 Commission Regular Meeting May 26, 2010 1 shares the Vice Mayor's concern because if someone reads this ordinance in the newspaper they would have no idea that it is actually saying there will be an increase to your electric bill. Commissioner Bushnell stated that the public trusts the Commission enough to know that they will do a good job and when there are issues they come to the meetings. Mayor Talabisco asked Financial Services Director Mason to provide them with copies of the presentation so they can take that information out to the public, and asked where the budget was two years ago and how far down we have had to trim it. Financial Services Director Mason said from 2 years ago the budget is down about $10 million. City Manager Miller said that is right around the target of about $11 million over the last couple of years and we will be reducing more off this year's budget as well. City Manager Miller said we are down to $94 million and it will be reduced further October 15t by approximately $1.5 million. Mayor Talabisco asked Financial Services Director Mason to include the budget history for the last two years in the presentation. Mayor Talabisco opened the public hearing and with no one wishing to speak closed the public hearing. On roll call Commissioner Bushnell "yes", Vice Mayor Dressler "yes", Commissioner Atkins - Grad "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING MAY 12, 2010 ADOPTED ON SECOND READING MAY 26, 2010 ORDINANCE NO. 02010-11 City Manager Miller thanked the Commission for passing the ordinance and said this is a momentous decision that will enable us to keep our service levels up. 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 City Commission meeting at 10:25 a.m. BethTalabisco", Mayor atricia Teufel �ftsistant-)UY Clerk-- Page 7 of 7 Commission Regular Meeting May 26, 2010