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HomeMy WebLinkAbout2010-06-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JUNE 23, 2010 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 11:00 a.m. on Wednesday, June 23, 2010 in Chambers at 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. ALSON PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Mayor Talabisco asked for a moment of silence in memory of Robert Martin, as well as those who have passed before him. PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: Mayor Talabisco moved out of the regular order of business to take up Item 1(c) on the agenda. c. Presentation of a proclamation by Mayor Talabisco recognizing the Kiwanis Club of Tamarac and commemorating the Club on their third anniversary and exemplary service to Tamarac. (Requested by Commissioner Atkins -Grad.) Joel Davidson accepted. b. Presentation of a proclamation by Mayor Talabisco commending and congratulating Nancy Seiler, Principal of Tamarac Elementary, on her retirement. (Requested by Parks & Recreation Director Warner.) d. Presentation of a proclamation by Mayor Talabisco proclaiming July 2010 as "Parks & Recreation Month". (Requested by Parks & Recreation Director Warner.) e. Presentation of a proclamation by Mayor Talabisco commending and congratulating Firefighter -Paramedic Jorge Perez for being named "2010 Paramedic of the Year'. (Requested by Fire Chief Burton.) Barry Harris, a recent graduate of Tamarac University, presented a plaque to the Mayor and City Commission in commemoration of the June 19, 2010 planting of a tree by the Tamarac University Class of 2010. f. Presentation by Mayor Talabisco of employee service awards: 5-Year Award: Levertis Byrd, Landscape Supervisor, Public Works 10-Year Awards: Raymond Gagnon, Director of Utilities; Bruce Looman, Systems Analyst, Information Technology 15-Year Award: Percy Sayles, Battalion Chief, Fire Rescue 25-Year Awards: Matthew Moore, Driver Engineer Paramedic, Fire Rescue; David Radzivill, Logistics Officer Paramedic, Fire Rescue 30-Year Award: Brett Soloway, Driver Engineer EMT, Fire Rescue. Page 1 of 7 City Commission Regular Meeting June 23, 2010 REPORTS 2. City Commission a. Commissioner Bushnell spoke of events she participated in and meetings attended over the past two weeks: Robert Martin's funeral this morning, the Kiwanis Barbeque celebrating horseback riding for handicapped children, the BLC dinner at which there was discussion regarding the negativity of Amendment 4, the planting of the tree by Tamarac University, and the fishing tournament at Caporella Park. b. Commissioner Atkins -Grad said in addition to the activities Commissioner Bushnell discussed, she has been meeting with constituents and was reelected to serve as Vice Chair to the Mental Health Association of Broward County. c. Commissioner Glasser said she also attended the events Commissioner Bushnell and Commissioner Atkins -Grad spoke of and she has been busy with homeowner associations in her district, helping them deal with special problems, and working through the Building Department to try to get resolutions to the issues. d. Vice Mayor Dressler said the MPO is moving to their new independent offices at Cypress Creek with independent staff. The Investment Advisory Board continues to seek safety of principal and is looking for flexibility in dealing with some cash flow issues; all is good but challenging in investment funds. Vice -Mayor Dressler said he attended the Graduation Ceremony of the Tamarac Tigers at Tamarac Elementary School. e. Mayor Talabisco spoke of her trip to Washington, D.C. with Assistant City Manager Phillips last week, where they, along with Val Gelnovatch of the Ferguson Group, met with our Senators and Representatives and talked about the City's priorities. Vice -Mayor Dressler congratulated BSO Chief Duguay and the BSO staff because the crime rate in Tamarac is down 4.9%. 3. City Attorney Goren gave a status update on the Broward County Ethics commission's proposal to the Broward County Commission. The task force, which was established by Roy Gold, President of the BLC, will review the pending proposal. Commissioner Glasser is also serving on the task force. City Attorney Goren introduced his new law clerk, James Krangle. 4. City Manager Miller reported Chief Building Official/Director Grande was elected head of the State Building Officials Congress. Tamarac has encumbered all the NSP funds, totaling $4,772,000. We have closed 41 households with 11 scheduled to close by August 1. Tamarac is one of the highest rated cities in terms of the Miami Field Office. Parks and Recreation reports they were awarded the Media Excellence Award, and they also report the 8-week summer camp program for 5-12 year olds started on June 21. The July 4 event will be held at the Sports Complex, beginning at 6:00 p.m. 1 a. Presentation by Devish Nimul, Buildings Research Division, Florida Solar Energy Center, to the Mayor and City Commission, of the Florida Green Building Coalition Green Local Government - Gold Certification. Community Development Director Bramley gave a Page 2 of 7 City Commission Regular Meeting June 23, 2010 presentation and congratulated the Green Committee, consisting of Director of Utilities Gagnon, Director of Parks and Recreation Warner, Public Works Director Strain, Chief Building Official/Director Grande, and Planning and Zoning Manager Zickar as well as their staffs. 5. PUBLIC PARTICIPATION: John Lawson, Lawson Sanitation, 9120 NW 96 Street, Luciano Isla, Esq., 1800 W 49 Street, Hialeah, and Richard Gross,Esq., 4447 Miami Lakes Drive East, Miami Lakes, spoke of changes to the proposed solid waste ordinance and how it affects the RFP process. City Attorney Goren explained the City of Tamarac is the named defendant in a lawsuit filed by Ace Waste and the ordinance before the Mayor and City Commission is legal and appropriate for consideration by the Mayor and City Commission. Joe Schreiber, 10504 E. Clairmont Circle questioned Items 6(c), 6(b) and 6(f) on the consent agenda. Public Works Director Strain, Financial Services Director Mason, and Community Development Director Bramley responded to Mr. Schreiber's questions. CONSENT AGENDA 6. Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice -Mayor Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Talabisco "yes". Motion carried. a. Approval of the June 9, 2010 Commission Meeting Minutes APPROVED b. TR11822 - CDBG SIDEWALK PROGRAM: Approving an Agreement with Lambert Bros, Inc., for the construction of the Area -wide Neighborhood Enhancement Program — Installation of Sidewalks - Community Development Block Grant (CDBG) funded project, located within low -moderate income areas Citywide in accordance with Bid No. 10-04B; authorizing the appropriate City Officials to execute said Agreement; authorizing an expenditure not to exceed approved CDBG funding from the appropriate accounts based on the multi -year fixed prices set forth in Bid No. 10-0413; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2010-79 c. TR11835 - TASK AUTHORIZATION MPC CENTER BUILDING MODIFICATION: Approving an Agreement with Corzo Castella Carballo Thompson Salman, P.A., for professional design services for the Multipurpose Center modification of building envelope project, in accordance with Task Authorization No. 10-04E and the City's Continuing Service Agreement as authorized by Resolution No. R-2009-090; authorizing the appropriate City Officials to execute said Agreement; authorizing an expenditure for said purpose in an amount not -to -exceed $65,000.00; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2010-80 d. TR11839 - ADPI AMENDMENT AGREEMENT: Authorizing the appropriate City Officials to approve and execute an Amendment Agreement with Advanced Data Processing, Inc. (dba Intermedix) to provide for the administration, processing and receipt of payments associated with transporting Emergency Medical Service (EMS) patients on behalf of the City of Tamarac Fire Rescue Department. RESOLUTION NO. R2010-81 Page 3 of 7 City Commission Regular Meeting June 23, 2010 e. TR11884 - REBANDING - EXECUTE LIMITED AGREEMENT OF A PERMITTED USER: Executing a "Limited Agreement of a Permitted User' between Broward County and the City of Tamarac for the replacement of obsolete portable radios with newer portable radios, and improved apparatus communications and programming for common radio communications known as "Rebanding". RESOLUTION NO. R2010-82 f. TR11889 - MURAL PLAZA SITE PLAN EXTENSION: Granting a time extension of one (1) year for final site plan approval for Mural Plaza, as requested by South East Architect Services, Inc. (Lawrence Kramer), applicant (Case No. 10-SP-10); providing for conditions of approval. RESOLUTION NO. R2010-83 g. TR11829 - CLEAR WIRELESS SITE LEASE AGREEMENT: Authorizing appropriate City Officials to execute an agreement with Clear Wireless, LLC for the installation of a high speed wireless (WIMAX) antenna and associated equipment on the existing tower at the City's Sports Complex property; authorizing the appropriate City Officials to execute any permit applications as may be required on behalf of the City as owner of the property. RESOLUTION NO. R2010-84 h. TR11842 - ALS NON -TRANSPORT "REFRIGERATED" DRUG BOX GRANT: Authorizing the appropriate City Officials to execute an agreement between the City of Tamarac, a sub - grant participant, and Pompano Beach Fire Rescue, the sub -grantee project coordinator, for the receipt of "refrigerated" drug boxes for non -transport Advanced Life Support (ALS) engines, under a Broward County Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant Funds. RESOLUTION NO. R2010-85 i. TR11841 - SUNRISE MCI AND TRAUMA TOURNIQUETS GRANT : Authorizing the appropriate City Officials to execute an agreement between the City of Tamarac, a sub -grant participant, and Sunrise Fire Rescue, a sub -grantee project coordinator for the receipt of scanning hardware and software for patient tracking and trauma tourniquets for Mass Casualty Incidents (MCI), under a Broward County Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant Funds. RESOLUTION NO. R2010-86 j. TR11840 - DIGITAL 12 LEAD EKG TRANSMISSION GATEWAYS GRANT: Authorizing the appropriate City Officials to execute an agreement between the City of Tamarac, a sub -grant participant, and Sunrise Fire Rescue, sub -grantee project coordinator for the receipt of digital 12-lead EKG transmission devices, under a Broward County Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant Funds. RESOLUTION NO. R2010-87 k. TR11713 - MARC UNIT ANNUAL MAINTENANCE FUNDING: Approving a Sub -Recipient Agreement for 2008-2009 State Homeland Security Grant Program (SHSGP), expenditure of local government unit funding for sustainment funds for annual maintenance contract for Mutual Aid Radio Communications (MARC) unit, with the State of Florida, Department of Financial Services Division of State Fire Marshal. RESOLUTION NO. R2010-88 END OF CONSENT AGENDA Page 4 of 7 City Commission Regular Meeting June 23, 2010 1 1 n REGULAR AGENDA ORDINANCE(S) — FIRST READING Mayor Talabisco moved out of the regular order of business on the agenda to take up Items 10 and 11. 10. TR11887 - CDI SOUTHGATE NEW DEVELOPMENT SITE PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, granting Re -Development Site Plan approval for the CDI Southgate project to allow for the redevelopment of an existing gas station/restaurant to a bank facility with a proposed square footage of 4195 square feet, for the property located at 8351 NW 88th Avenue at the southwest corner of Southgate Boulevard and Pine Island Road (Case No. 6-SP-10); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren said TR 11887 and TR11888 are companion items and may be considered together and voted on separately. City Attorney Goren read Temporary Resolution 11887 by title. Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren read Temporary Resolution 11888 by title. Vice -Mayor Dressler seconded by Commissioner Atkins - Grad moved approval. City Attorney Goren explained the quasi-judicial proceedings and City Clerk Swenson swore in all those who wished to speak on the item. Community Development Director Bramley gave a presentation. Attorney Miskel, 5355 Town Center Road, Boca Raton, on behalf of the applicant, said the conditions are acceptable and waived her quasi-judicial rights. Vice -Mayor Dressler and Commissioner Glasser questioned ingress and egress and Community Development Director Bramley explained the County's concerns with egress on Southgate Boulevard. Commissioner Bushnell questioned the rear setback and Community Development Director Bramley explained there is no issue due to the fact that the area is not residential. Commissioner Atkins -Grad questioned remediation of the site and Attorney Miskel said there is a minimal amount of work to do and the applicant will make sure it is handled. There was discussion regarding the entrance and exit to the site and Community Development Director Bramley said if there is a change then the item will be brought back to the Mayor and City Commission. Mayor Talabisco opened the public hearing for both items and with no one wishing to speak, closed the public hearing. On roll call for TR11887, Commissioner Glasser voted "yes", Commissioner Atkins -Grad "yes", Commissioner Bushnell "yes", Vice -Mayor Dressler "yes", and Mayor Talabisco "yes". Motion carried. RESOLUTION NO. R2010-89 11. TR11888 - CDI SOUTHGATE PLAT: A Resolution of the City Commission of the City of Tamarac, Florida, granting approval of a Plat for the CDI Southgate project, requested by Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP, Designated Agent for the property owner Ocello Enterprises, Inc., for the property located at 8351 NW 88th Avenue; (Case No. 1-P-10); providing for conditions of approval; providing for execution of said plat; providing for conflicts; providing for severability; and providing for an effective date. On roll call for TR 11888, Commissioner Bushnell voted "yes", Commissioner Atkins -Grad "yes", Vice - Mayor Dressler "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. RESOLUTION NO. R2010-90 7. TO 2206 - REVISION TO CHAPTER 19 ENTITLED "SOLID WASTE": Motion to adopt an Ordinance of the City of Tamarac, Florida on first reading amending Chapter 19, "Solid Page 5 of 7 City Commission Regular Meeting June 23, 2010 Waste," of the Code of Ordinances of the City of Tamarac, Florida, to provide for terms and conditions related to the City's collection and disposal of solid waste, bulk waste, recovered materials, and construction and demolition debris at residential service units, multi -family services units, and commercial service units; providing for definitions, imposition of fees, collection of fees; providing for registration for construction and demolition debris haulers; providing for registration for recovered materials haulers; providing for codification; providing for conflict; providing for severability; providing for an effective date. City Attorney Goren read Temporary Ordinance 2206 on first reading by title. Commissioner Atkins -Grad seconded by Commissioner Glasser moved adoption. Commissioner Bushnell asked for an individual explanation of the Temporary Ordinance before second reading. On roll call Commissioner Glasser voted "yes", Vice -Mayor Dressier "yes", Commissioner Bushnell "no", Commissioner Atkins -Grad "yes", and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING JUNE 23, 2010 PUBLIC HEARING(S) 9:00 AM OR THEREAFTER PUBLIC HEARING(S) ORDINANCE(S)— SECOND READINGS 8. TO2203 - BUDGET AMENDMENT #1: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second 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 second reading by title. Vice -Mayor Dressler seconded by Commissioner Bushnell moved adoption. Financial Services Director Mason gave a presentation. Mayor Talabisco opened the public hearing. Joe Schreiber, 10504 E. Clairmont Circle, spoke about investment funds, questions he had in the past and information he was given. Deputy City Manager Cernech said the record reflects itself. City Manager Miller added statements made by the Deputy City Manager Cernech regarding these matters are accurate, as well as those from Financial Services Director Mason. City Manager Miller spoke with Mr. Schreiber about these matters in the past and the record speaks for itself. There being no one else wishing to speak, Mayor Talabisco closed the public hearing. On roll call Vice -Mayor Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Atkins -Grad "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING JUNE 9, 2010 ADOPTED ON SECOND READING JUNE 23, 2010 ORDINANCE NO. 0-2010-13 9. TO2205 WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida on second 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 Page 6 of 7 City Commission Regular Meeting June 23, 2010 1 1/4 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 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 second reading by title. Commissioner Bushnell seconded by Vice -Mayor Dressler moved adoption. Commissioner Bushnell seconded by Vice -Mayor Dressler moved to defer the item to the July 14, 2010 regular City Commission meeting at or after 7:00 p.m. On roll call Commissioner Atkins -Grad voted "yes", Vice -Mayor Dressler "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". ITEM DEFERRED ON JUNE 23, 2010 TO JULY 14, 2010 AT OR AFTER 7:00 P.M. QUASI-JUDICIAL HEARING(S) 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 12:50 p.m. MARION M CITY CLETV, Page 7 of 7 City Commission Regular Meeting June 23, 2010