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HomeMy WebLinkAbout2010-06-09 - City Commission Regular Meeting Minutes' CITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JUNE 9, 2010 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 7:00 P.M. on Wednesday, June 9, 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. PLEDGE OF ALLEGIANCE: Mayor Talabisco led the pledge of allegiance and asked for a moment of silence to reflect on global events. City Manager Miller explained Tamarac University is modeled after leadership programs and academies throughout the nation. Twenty-five participants are selected for each class, and our goal is to educate and empower a group of residents so they can share the information with friends and neighbors. City Manager Miller said he is very proud of the Class of 2010 and appreciates their participation in Tamarac University. ' 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Talabisco of Certificates of Graduation to the fourth Graduating Class of Tamarac University - June 1010: Phyllis Bonfoey, Susan Buzzi, Maria Canosa, Gordon Cramer, Micki Endliss, Rachel Friedman, Morton Genser, Maida Genser, Lynn Gocke, Barry Harris, Patricia Hoffman, Irma Matos, Nicholas Merlin, Lisa Murphy, Robert Murphy, Janet Negron, Dave Pelott, Paula Roberts, James Shea, Manuela Terroja-Keller, Lee Viverette, Zenaida Wagner, and Lewis Waxman. The Mayor and City Commission congratulated the students and acknowledged the alumni in the audience. Barry Harris thanked the Mayor and City Commission for their insight in starting Tamarac University and commended the Department Directors on the knowledge they imparted to the class. Mr. Harris informed everyone that on June 19 the Class of 2010 would dedicate a tree at Tephford Park. Public Information Specialist Quinn thanked the students for participating in Tamarac University, and thanked Public and Economic Affairs Officer Berns for his assistance throughout the eight weeks. REPORTS 2. City Commission a. Commissioner Bushnell spoke of meetings and events she attended over the past two weeks: the ball field next to the Executive Airport is being turned into a water world; the Memorial Day Service was heartwarming and well done; the Board and ' Committee Luncheon honored those who volunteer for the City of Tamarac; and yesterday she attended the 5`h Grade Graduation at Tamarac Elementary School. Commissioner Bushnell wished Commissioner Atkins -Grad a happy birthday. Page 1 of 6 City Commission Meeting June 9, 2010 b. Commissioner Atkins Grad spoke of Congressman Deutch's Town Hall meeting I at Kings Point and said he also has an office at Tamarac City Hall. Commissioner Atkins -Grad attended a ribbon cutting ceremony of a restaurant at Midway Plaza. C. Commissioner Glasser spoke of the ethics committee for the League of Cities, and the ethics code the County Commission is reviewing. d. Vice Mayor Dressler spoke of his admiration for Lt. Colonel Hodge, who was at the Memorial Day event. At the upcoming MPO meeting Vice -Mayor Dressler will vote on a long term transportation plan. The investment Advisory Committee has updated the investment policy, which allows for more flexibility on behalf of the City. e. Mayor Talabisco attended a luncheon at Inverrary Country Club on Saturday and the golf tournament was a charity event for a therapeutic riding program, `Bit By Bit'; there is also a new group starting called `Horses for Heroes', which is a veterans' rehabilitation program. Mayor Talabisco will get information to Parks and Recreation regarding the two programs. Yesterday the County Commission approved our LAC presentation. Congressman Deutch has invited Mayor Talabisco and Assistant City Manager Phillips to meet with his new staff, and he has four Tamarac items on his agenda at present. Mayor Talabisco introduced Representative Gwendolyn Clarke - Reed, who was instrumental in moving our annexation question through the process. Representative Clarke -Reed said she was happy to have been able to help with the ' annexation issue. Representative Clarke -Reed spoke of a program to bring jobs to cities for youths 13-15 years old, and asked that the City of Tamarac look into implementing such a program. 3. City Attorney Goren reported on a new lawsuit that was served on the City (Ace Waste), in which the City will be defended by the law firm of Johnson, Anselmo, et al. Mayor Talabisco said she was notified the City of Sunrise is being sued by Green Now with regard to the waste transfer station and asked if both companies are owned by the same or related parties. City Attorney Goren said the City of Tamarac is not a named defendant in that lawsuit and he did not know whether the companies are owned by the same person/company. Vice -Mayor Dressler suggested filing an amicus brief at some time in the future, and City Attorney Goren said he would look at every legal option available and present his findings to the Mayor and City Commission. City Attorney Goren spoke of the ethics commission task force. City Attorney Goren said the Pain Management Bill was signed by Governor Crist; Tamarac has a moratorium in place and City Attorney Goren will work with staff regarding the new law; the Bill carries severe penalties and true regulations. 4. City Manager reported on the Sterling Conference he attended last week, and said he would provide a more in depth report at a future date. The City of Tamarac was awarded the Florida Green City Gold Certification and we will fly banners throughout the ' City and City Hall to announce this award. Tamarac Fire Department reports as of, Page 2 of 6 City Commission Meeting June 9, 2010 I we are officially in hurricane season, and we participated in the County drill at the EOC. Our own Van Schoen was selected to escort dignitaries last week at the Florida Governor's Hurricane Conference in Ft. Lauderdale. CERT volunteers patrolled the streets in Ft. Lauderdale during an event held on March 29. The Fire Department has been holding fire drills throughout the community. Parks and Recreation completed and submitted an application to be named 'Playful City USA', which includes programs for youths and programs to fight childhood obesity. SB150, recently passed, requires all athletic coaches to have background checks. Tamarac is ahead of the curve as we have been doing background checks for several years. The Red Route is now carrying over 10 riders per hour, which is beyond the requirement of the County. The Alzheimer's Support Group and the Veterans meet the Vt and 3`d Wednesday of the month. Upcoming events include Lunch with Uncle Sam and Betsy Ross on July 15t followed by the July 4ch Celebration. The Utilities Department has advised that copies of the annual water quality report will be mailed out to residents. Commissioner Bushnell questioned if any other cities have received the Florida Green award and City Manager Miller said the City of Plantation is the other recipient. Mayor Talabisco said since we are in hurricane season she would like the Tamarac University graduates to go back into their communities and speak with the association presidents to ensure the communities are prepared for the season. 5. PUBLIC PARTICIPATION: Joel Davidson, 4608 Norfolk Island Pine Drive spoke in favor of the Woodlands Special District. Commissioner Atkins -Grad said the Mayor and City Commission were advised in writing that there is no conflict of interest for her and the Mayor to vote on the Woodlands item. City Attorney Goren spoke of Chapter 112, F.S., and said there would be a di minimus effect for the Mayor and Commissioner Atkins -Grad by voting on the item; there is no ethical conflict under Chapter 112. CONSENT AGENDA 6. Vice -Mayor Dressler seconded by Commissioner Glasser moved approval of all items on the consent agenda. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Bushnell "yes", Vice -Mayor Dressler "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. a. Approval of the May 26, 2010 Commission Meeting Minutes APPROVED b. TR11824 - AMENDING THE CITY'S INVESTMENT POLICY: Amending the Investment Policy for Securities Investments of the City of Tamarac to authorize utilization of certain investment instruments and; to authorize the amending of the investment parameters as detailed in Exhibit A attached hereto. RESOLUTION R2010- 75 C. TR11833 - VOLUNTARY SEPARATION INCENTIVE PLAN (VSIP): Authorizing ' the establishment of a Voluntary Separation Incentive Plan offering separation incentive benefits to eligible employees meeting certain City service requirements or meeting City service and Pension vesting requirements for a normal, unreduced Page 3 of 6 City Commission Meeting June 9, 2010 pension or retirement benefit; authorizing appropriate City Officials to execute and administer the Plan; providing for the appropriation of funds. ' RESOLUTION R2010-76 d. TR11834 - DISASTER RECOVERY SUPPLEMENTAL FUNDS -1ST AMENDMENT: Approving and accepting the first amendment to the interlocal agreement between Broward County and the City of Tamarac for Service Area 25 — Single family hurricane mitigation in the amount of $593,339.51 providing for funding and administration of 2005 Community Development Block Grant Disaster Recovery Initiative from the Florida Department of Community Affairs, attached hereto as exhibit "A"; authorizing the appropriate City officials to take any and all steps necessary to execute the first amendment and effectuate the present and future intent of this resolution. RESOLUTION R2010-77 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING 7. T02203 - BUDGET AMENDMENT #1: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Ordinance 2009-09, which adopted the City of Tamarac budget for the General Fund and each of the operating funds and the Capital Improvements Fund for the Fiscal Year 2010, by ' increasing the total revenues and expenditures by a total of $32,674,170 as detailed in Exhibit A attached hereto; providing for severability; providing for an effective date. City Attorney Goren read Temporary Ordinance 2203 on first reading by title. Commissioner Atkins -Grad seconded by Commissioner Bushnell moved adoption. Financial Services Director Mason gave a presentation. On roll call Vice -Mayor Dressler voted "yes', Commissioner Atkins -Grad "yes', Commissioner Bushnell "yes", Commissioner Glasser "yes', and Mayor Talabisco "yes'. Motion carried. ADOPTED ON FIRST READING JUNE 9, 2010 8. T02205 WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida on first reading creating a Local Government Neighborhood Improvement District pursuant to Section 163.506, F.S., to be known as the Woodlands Community Neighborhood Improvement District (The "District') within an area containing approximately 612+/- acres bounded by Commercial Boulevard to the north, Rock Island road to the east, N.W. 44th Street to the south and N.W. 64th Avenue to the west, excluding Woodlands Country Club subdivision (Plat Book 67, Page 30, Broward County Public Records) and also excluding approximately 8+/- acres known as Fort Lauderdale Truck Farms (14-49- 41 4-31 b pt of tract 16 described as, se 1 /4 of se 1 /4 of se 114 less road rights -of -way and less part described in O.R. 30457/1786); providing for the authorization to receive grants from the Department of Legal Affairs; authorizing the district to levy an ad valorem tax on real and personal property of up to two (2) mills annually, subject to a ' referendum; authorizing the use of special assessments; providing for a Board of Page 4 of 6 City Commission Meeting June 9, 2010 Directors; establishing an advisory council to the Board of Directors; providing for notification to the Department of Legal Affairs and the Department of Community Affairs; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Ordinance 2205 on first reading by title. Commissioner Atkins -Grad seconded by Commissioner Bushnell moved adoption. Community Development Director Bramley gave a presentation. Commissioner Bushnell confirmed the Mayor and City Commission would be kept informed as to the progress of the district and Community Development Director Bramley said she would bring forth an update to the Mayor and City Commission at a quarterly session. Mayor Talabisco asked about the mechanics and Community Development Director Bramley said most likely information would go to Community Development and from there to the City Manager. City Attorney Goren added the entity is a public entity and they have the same conscriptions as the Mayor and City Commission; as a taxing and assessment authority their meetings must be held in a public forum. Commissioner Glasser question who has jurisdiction over the district and City Attorney Goren said it is a dependent district and there will be a relationship between the Board and the Mayor and City Commission. Commissioner Atkins -Grad said she believed there was a discrepancy in the map. Mayor Talabisco acknowledged Bill Pressman and Larry Torn, residents of the Woodlands, who were in the audience. Mayor Talabisco explained the concept came from the community and this concept may be of interest to another community. On roll call Commissioner Bushnell voted "yes", Commissioner Glasser '.yes", Vice -Mayor Dressler "yes", Commissioner Atkins -Grad "yes', and Mayor ' Talabisco "yes". Motion carried. ADOPTED ON FIRST READING JUNE 9, 2010 PUBLIC HEARING(S) 7:00 PM OR THEREAFTER ORDINANCE(S) — SECOND READINGS 9. TO2204 - CITY INVESTMENT IN REAL PROPERTY: Motion to approve an Ordinance of the City of Tamarac, Florida on second 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. City Attorney Goren read Temporary Ordinance 2204 on second reading by title. Commissioner Glasser seconded by Commissioner Atkins -Grad moved adoption. Financial Services Director Mason gave a presentation. Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Glasser voted "yes", Commissioner Bushnell "yes", Vice -Mayor Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING MAY 26, 2010 ADOPTED ON SECOND READING JUNE 9, 2010 ORDINANCE NO, 0-2010-12 Page 5 of 6 City Commission Meeting June 9, 2010 QUASI-JUDICIAL HEARING(S) 10. TR11827 - UNIVERSITY COMMONS LIMITED PARKING WAIVER: A Resolution of the City Commission of the City of Tamarac, Florida, granting Limited Parking Waiver approval to allow three hundred twenty-two (322) parking spaces for the University Commons Shopping Center project for the property located at 6830 North University Drive on the southeast corner of North University Drive and McNab Road, (Case No. 2-Z-10); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Resolution 11827 by title. Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved approval. City Clerk Swenson swore in all those who wished to speak on the item. City Attorney Goren explained the quasi-judicial procedure. Planning and Zoning Manager Zickar gave a presentation. Mayor Talabisco asked if a revision is being considered for the code as it relates to parking spaces, and Planning and Zoning Manager Zickar said it is. Commissioner Atkins -Grad questioned the hours of operation and Jerry Weiner, on behalf of the applicant responded between 10:00 a.m. — 7:00 p.m. Mayor Talabisco opened the public hearing. Michael Swisher, 7307 NW 68 Street questioned maintenance of the lot. Planning and Zoning Manager Zickar spoke of resealing and restriping of the parking lot as well as repairing potholes and adding signage. There being no one else wishing to speak, Mayor Talabisco closed the public hearing. On roll call Commissioner Bushnell voted "yes", Commissioner Atkins -Grad "yes", Vice -Mayor Dressler "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. RESOLUTION NO. R2010-78 , 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 8:45 P.M. Beth Talabisco, Mayo Marion Swenson, CM City Clerk F1 Page 6 of 6 City Commission Meeting June 9, 2010