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
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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
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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
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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