HomeMy WebLinkAbout2010-07-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JULY 14, 2010
CALL TO ORDER: Mayor Talabisco called the Regular Meeting of the City Commission
to order at 7:05 P.M. on Wednesday, July 14, 2010 in Chambers, Tamarac City Hall,
7525 NW $$ Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela
Bushnell, and Commissioner Diane Glasser.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
Mayor Talabisco led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Update re: current legislative session: Representative Hazelle Rogers spoke in
opposition to off -shore drilling, and reported on foreclosures, sales tax revenue and
anticipated additional cuts next year. Revenues in this year's budget came from the
additional $1.00 tax on cigarettes. The Seminole Agreement achieved revenues into
this year's budget also. We are still unsure as to decisions that will be made related to
Medicaid, and fees for drivers license renewals and license tags and passports will
increase, which will place a burden on the taxpayer. Representative Rogers said she
worked with the Mayor and City Commission during the census cycle and we do not
want to leave any revenue out — every person counts. It is very important to get as
much federal funding as possible for the cities as well as our fair share from the State.
Representative Rogers said there were no cuts made to education; there will be state
amendments on the upcoming ballot. Representative Rogers thanked the Mayor and
City Commission for the opportunity to serve Tamarac.
b. Presentation of a plaque by Randy Hibshman, representing Challenger Baseball, to
the Mayor and City Commission.
c. Presentation of a proclamation by Mayor Talabisco proclaiming August 16-20, 2010
as "Florida Water Professionals Week". (Requested by Utilities Director Ray Gagnon)
d. Presentation by Mayor Talabisco of a Certificate of Appreciation from Broward
County Commissioner Ilene Lieberman to Commissioner Bushnell for her participation
in the 2010 Census countywide Coordination Subcommittee.
2. CITY COMMISSION REPORTS
a. Commissioner Bushnell reported on activities over the past two weeks: a workshop
on Tamarac Village, budget meetings, the July 4t" Celebration, the Interfaith Council,
various other meetings she attended, and the Artserve program for Disadvantaged
Children that was held at the Tamarac Community Center.
b. Commissioner Glasser said in addition to those items noted by Commissioner
Bushnell the Mayor and City Commission spent two full days interviewing people to
replace the Commissioner who was removed from office. The three finalists will be
Page 1 of 7 City Commission Regular Meeting July 14, 2010
interviewed in a special meeting on July 215t, and then one will be selected and sworn in
at that meeting.
c. Vice Mayor Dressler spoke of the MPO relocating to their new independent location,
and said the independent status of the MPO will provide for more impact on local cities,
especially those cities in the west.
d. Mayor Talabisco spoke of the governor's special session to address the horrors of
the oil spill and the resulting potential change to our shores. A few weeks ago when
Mayor Talabisco was in Washington, D.C. she met with Senator Bill Nelson and
discussed with him how the Mayor and City Commission could help support the efforts,
to which he replied after the legislature meets we may be called upon to pass a
resolution in support of their efforts. One year ago the Interfaith Leadership Council
was charged with starting a year round food drive, comprised of various religious
organizations in Tamarac. Family Central is the recipient of the food and they distribute
it to needy families in Tamarac and surrounding areas. The Community Christian
Church on Nob Hill Road has dedicated a full day of collection to Family Central. At
their last meeting, the Interfaith Council decided to include other organizations and there
will be a signature event in the Spring at our own dog park, where there will be a
blessing of the animals. Mayor Talabisco said she has been appointed to the
nominating board of the FLC.
3. City Attorney Goren said Item 10(b) on today's agenda is an ordinance modifying the
current solid waste ordinance and is a public hearing; there are several speakers who
might choose to be heard tonight. There is also a pending lawsuit against the City, the
Ace Waste case, and this is a separate issue from the ordinance. Under Chapter 286,
City Attorney Goren is requesting a shade session in August to seek advice and
direction regarding the pending lawsuit. Mayor Talabisco will be a participant at
tomorrow's full day BLC Planning Session regarding the coming fiscal year.
Mayor Talabisco congratulated City Attorney Goren on his son's marriage this past
weekend, and also congratulated City Attorney Goren on his daughter's having passed
the bar exam.
4. City Manager Miller reported the Tamarac University class, as well as alumni of
Tamarac University will be recognized by the FLC in the Quality Cities Magazine as one
of the best practices in the State of Florida. It will also be featured at the League's
upcoming conference. Finance reports the Florida SAFE annual meeting will be held at
City Hall on July 215t at 2:30 p.m. Tamarac Fire Rescue reports they worked in
conjunction with University Hospital in a joint exercise regarding hurricane preparation.
They also partnered with six other fire departments and raised $8,500 for Jackson
Memorial Hospital's burn unit. Tamarac Fire Rescue is also working with the American
Cancer Society and presented them with a check from a golf tournament in the amount
of $10,000. City Manager Miller said it is time for the Commission hiatus, but the
Commission will be available during their break which runs from July 15 -- August 16.
Tonight's agenda is a lengthy one and the items were discussed at Monday's workshop
meeting.
Page 2 of 7 City Commission Regular Meeting July 14, 2010
5. PUBLIC PARTICIPATION: There was no public participation.
6. CONSENT AGENDA: Commissioner Bushnell seconded by Commissioner Glasser
moved approval of all items on the consent agenda. On roll call Vice Mayor Dressler
voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", and Mayor
Talabisco "yes". Motion carried.
a. Approval of the June 23, 2010 Commission Meeting Minutes
APPROVED
b. Approval of the minutes of the June 28, 2010 Special Emergency City Commission
Meeting.
APPROVED
c. TR11885 -SOLAR LIGHTING PROJECT FOR SPORTS COMPLEX: Approving the
purchase of Greenway Series Solar Lighting Systems from Hunter Knepshield
Company at a cost not to exceed $99,168.75, utilizing the Palm Beach County Contract
No. 08-051-MM for the Tamarac Sports Complex Safety Lighting Project; approving
funding from the appropriate capital improvement account; authorizing budget
amendments for proper accounting purposes.
RESOLUTION NO. R2010-91
d. TR11890 - CISCO MAINTENANCE RENEWAL: Approving the acquisition of a three
(3) year Cisco SMARTnet technical support service agreement paid annually to be
purchased from ProSys, Inc.; authorizing budget amendments for proper accounting
purposes; authorizing an expenditure of $60,600.28.
RESOLUTION NO. R2010-92
e. TR11891 SEASONAL STORMWATER LABOR: Authorizing purchase of seasonal
stormwater labor utilizing the State of Florida Agreement 991-460-07-1 with A1A
Employment of Miami effective May 17, 2010 through December 17, 2011; authorizing
purchase of temporary stormwater labor in the quantities needed based on the State of
Florida Contract 991-460-07-1 not to exceed approved budget for said purpose;
authorizing budget amendments for proper accounting purposes.
RESOLUTION NO. R2010-93
f. TR11896 - EXTENSION OF JPA WITH BROWARD COUNTY FOR HHW
COLLECTION EVENTS: Approving extension of the Joint Participation Agreement with
Broward County for household hazardous waste collection events valid through August
5, 2011; authorizing the appropriate City Officials to execute said Extension.
RESOLUTION NO. R2010-94
g. TR11900-FIRE ASSESSMENT: A Resolution of the City Commission of the City of
Tamarac, Florida, relating to the provision of Fire Rescue Services, facilities and
programs in the City of Tamarac, Florida; establishing the estimated assessment rate
for Fire Rescue Assessments for the Fiscal Year beginning October 1, 2010; directing
the preparation of an assessment roll; authorizing a public hearing and directing the
provision of notice thereof.
RESOLUTION NO. R2010-95
h. TR11901-PRELIMINARY MILLAGE RATE: Authorizing the City Manager to send a
proposed Millage Rate of 6.5000 Mils for general operating purposes and a proposed
Millage Rate of 0.0894 Mils for voted Debt Service to the Property Appraiser for Fiscal
year 2011, and setting September 13, 2010, at 5:05 p.m. at the Tamarac Commission
Page 3 of 7 City Commission Regular Meeting July 14, 2010
Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the date, time and place for
the first Public Budget Hearing; setting September 22, 2010, at 5:05 p.m. at the
Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the
date, time and place for the second Public Budget Hearing.
RESOLUTION NO. R2010-96
i. TR11902 - FURNISH, DELIVER AND DISCHARGE OF QUICKLIME: Authorizing the
appropriate City Officials to exercise the Fourth Renewal Option of Agreements to
"Furnish, Deliver and Discharge of Quicklime" to, and execute agreement amendments
with, Chemical Lime Company of Alabama, LLC for the City of Tamarac and on behalf
of seventeen members of the Southeast Florida Governmental Purchasing Cooperative;
and with Carmeuse Lime & Stone, Incorporated on behalf of two members of the
Southeast Florida Governmental Purchasing Cooperative, for a period of one year.
RESOLUTION NO. R2010-97
j. TR11895 - SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT:
Supporting the Regional Planning Councils of Southeast Florida in preparing a
comprehensive joint application under the Federal Sustainable Communities Initiative.
RESOLUTION NO. R2010-98
k. TR11897 - ST. MORITZ SITE PLAN EXTENSION: Granting a time extension of one
(1) year for final site plan approval for the St. Moritz Development, as requested by
HSQ Group, Inc. (Jay Huebner), Applicant (Case No. 11-SP-10); providing for
conditions of approval.
RESOLUTION NO. R2010-99
I. TR11898 - GLSC AUDITING SERVICES AGREEMENT AMENDMENT 4: Authorizing
the appropriate City Officials to amend the original agreement between the City of
Tamarac and GLSC & Company, PLLC, for annual auditing services to extend the
agreement for fiscal years ending on September 30, 2010, September 30, 2011 and
September 30, 2012 respectively, for a not to exceed cost of $110,000, including the
expansion of the scope of services to include audit of financial statements of the City of
Tamarac Police Officers' Pension Trust Fund, the City of Tamarac Firefighters' Pension
Trust Fund, the City of Tamarac General Employees' Pension Trust Fund and the City
of Tamarac Elected and Appointed Officers and Non -Represented Employees
Retirement Fund.
RESOLUTION NO. R2010-100
m. TR 11903 - EXTENSION OF DUE DILIGENCE PERIOD: Amending Resolution R-
2010-59; approving and authorizing appropriate City Officials to execute certain
amendments to the purchase and sale agreements between the City as assignee of the
agreements between Brotman Group, Inc. and T&C Realty Group, Inc., M&M South
Properties, Inc., and Bernardo Maribona, as trustee of B. Commercial, Inc. which
provide for up to three (3) additional thirty (30) day extensions of time to the due
diligence period for the respective purchase and sale agreements; authorizing the
appropriate City Officials to execute an amendment to the purchase and sale
agreement between the City and T&C Realty Group, Inc. to provide for the payment of
up to six percent (6%) interest in the event the transaction with T&C Realty Group, Inc.
closes.
RESOLUTION NO. R2010-101
END OF CONSENT AGENDA
Page 4 of 7 City Commission Regular Meeting July 14, 2010
7. REGULAR AGENDA: There were no items scheduled for regular agenda.
8. ORDINANCE(S) — FIRST READING: There were no ordinances scheduled for first
reading.
9. PUBLIC HEARING(S)
a. TR11831 - 5-YEAR CONSOLIDATED PLAN FY 2010/2011-2014/2015: Authorizing
the appropriate City officials to submit said Consolidated Plan program funds for HUD's
fiscal years 2010/2011- 2014/2015; together with the fiscal year 2010 (City's Eleventh
program year) Annual Action Plan to the U.S. Department of Housing and Urban
Development ("HUD") for the Community Development Block Grant ("CDBG"); (Case
No. 7-MI-10). City Attorney Goren read Temporary Resolution 11831 by title. Vice
Mayor Dressler seconded by Commissioner Bushnell moved approval. Housing
Manager Bauldree gave a presentation. Mayor Talabisco opened the public hearing
and with no one wishing to speak, closed the public hearing. On roll call Commissioner
Bushnell voted "yes", Vice Mayor Dressler "yes", Commissioner Glasser "yes", and
Mayor Talabisco "yes". Motion carried.
RESOLUTION NO. R2010-102
b. TR11894 - FY 2010/2011 ANNUAL ACTION PLAN: Approving the projects
recommended for inclusion in the fiscal year 2010 Annual Action Plan for expenditure of
the U.S. Housing and Urban Development Community Development Block Grant funds
estimated to be $452,940 for the Eleventh Program year (case no. 12-mi-10). City
Attorney Goren read Temporary Resolution 11894 by title. Commissioner Glasser
seconded by Vice Mayor Dressler moved approval. 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", and Mayor Talabisco "yes". Motion carried.
RESOLUTION NO. R2010-103
c. TR11836 - FY 2006-2007 CDBG ACTION PLAN -AMENDMENT: Approving an
amendment to the fiscal year 2006 Annual Action Plan for expenditure of the U.S.
Housing and Urban Development Community Development Block Grant funds for the
seventh program year (Case No.9-MI-10) to provide for reallocation of funds. City
Attorney Goren read Temporary Resolution 11836 by title. Commissioner Glasser
seconded by Vice Mayor Dressier moved approval. Mayor Talabisco opened the public
hearing and with no one wishing to speak, closed the public hearing. On roll call Vice
Mayor Dressler voted "yes", Commissioner Glasser "yes", Commissioner Bushnell
"yes", and Mayor Talabisco "yes". Motion carried.
RESOLUTION NO. R2010-104
d. TR11837 - FY2007/2008 ANNUAL ACTION PLAN AMENDMENT: Approving an
amendment to the fiscal year 2007 Annual Action Plan for expenditure of the U.S.
Housing and Urban Development Community Development Block Grant funds for the
eighth program year (Case No. 10-MI-10) to provide for reallocation of funds. City
Attorney Goren read Temporary Resolution 11837 by title. Vice Mayor Dressler
seconded by Commissioner Glasser moved approval. Mayor Talabisco opened the
Page 5 of 7 City Commission Regular Meeting July 14, 2010
public hearing and with no one wishing to speak, closed the public hearing. On roll call
Commissioner Glasser voted "yes", Vice Mayor Dressler "yes", Commissioner Bushnell
"yes", and Mayor Talabisco "yes". Motion carried..
RESOLUTION NO. R2010-105
e. TR11838 - CDBG FY2008/2009 ANNUAL ACTION PLAN AMENDMENT: Approving
the third amendment to the fiscal year 2008 Annual Action Plan for expenditure of the
U.S. Housing and Urban Development Community Development Block Grant funds for
the ninth program year (Case No. 11-MI-10) to provide for reallocation of funds. City
Attorney Goren read Temporary Resolution 11838 by title. Commissioner Glasser
seconded by Commissioner Bushnell moved approval. Mayor Talabisco opened the
public hearing and with no one wishing to speak, closed the public hearing. On roll call
Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice Mayor Dressler
"yes", and Mayor Talabisco "yes". Motion carried.
RESOLUTION NO. R2010-106
10. ORDINANCE(S)— SECOND READINGS:
a. T02205 - WOODLANDS SAFE NEIGHBORHOOD 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") generally 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, more particularly described in Exhibit A; 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.
ITEM DEFERRED ON JUNE 23, 2010 TO JULY 14, 2010 AT OR AFTER 7:00 P.M.
City Attorney Goren read Temporary Ordinance 2205 on second reading by title.
Commissioner Glasser seconded by Commissioner Bushnell moved adoption.
Community Development Director Bramley gave a presentation. Vice Mayor Dressler
questioned responsiveness to his concerns as noted in Section F and City Attorney
Goren explained this is a dependent district and the Mayor and City Commission have a
role to play in the budgeting process. This section provides in the event the district
would like to bootstrap an ad valorem tax or other revenue stream and requires
assistance from the City it is not a guaranteed obligation on our part. They must
engage the City in discussions if they wish to obtain a loan; they would need the City's
approval. It is expressly stated the City of Tamarac shall not be responsible for any
indebtedness incurred by the district. The ordinance will be recorded in the Broward
County Public Records. Mayor Talabisco opened the public hearing. Bill Pressman,
5907 Caribbean Pine Circle, Tamarac, FL spoke in favor of the ordinance. Dr. Vonda
Kramer, 4800 Queen Palm Lane, Linda Goren, 6005 Royal Poinciana Lane, Judith
Margoles, 4704 Queen Palm Lane, and Lennar Hicks, 5505 White Oak Circle all spoke
Page 6 of 7 City Commission Regular Meeting July 14, 2010
in opposition to the ordinance. With no one else wishing to speak, Mayor Talabisco
closed the public hearing. On roll call Vice Mayor Dressler voted "yes", Commissioner
Bushnell "yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion
carried.
ADOPTED ON FIRST READING JUNE 9, 2010
ADOPTED ON SECOND READING JULY 14, 2010
ORDINANCE NO. 0-2010-14
b. T02206 - REVISION TO CHAPTER 19 ENTITLED "SOLID WASTE": Motion to adopt
an Ordinance of the City of Tamarac, Florida on second reading amending Chapter 19,
"Solid 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 second reading by title. Commissioner Glasser seconded by Vice
Mayor Dressler moved adoption. Mayor Talabisco opened the public hearing. Richard
Gross, Esq., 6447 Miami Lakes Drive, and John Lawson, Lawson Sanitation, 9120 NW
96 Street spoke in opposition to the Ordinance. With no one else wishing to speak,
Mayor Talabisco closed the public hearing. City Attorney Goren explained the item was
discussed at the workshop meeting and the RFP is a separate issue from the
ordinance. On roll call Commissioner Bushnell voted "yes", Vice Mayor Dressler "yes",
Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING JUNE 23, 2010
ADOPTED ON SECOND READING JULY 14, 2010
ORDINANCE NO. 0-2010-15
11. QUASI-JUDICIAL HEARING(S): There were no quasi-judicial hearings scheduled
for this meeting.
12. OTHER: There were no other discussions.
There being no further business to come before the Mayor and City Commission, Mayor
Talabisco adjourned the regular City Commission meeting at 9:05 p.m.
a% &�
Beth Talabisco, May
Marion Swenson, CMC
City Clerk
Page 7 of 7 City Commission Regular Meeting July 14, 2010