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HomeMy WebLinkAbout2007-02-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY FEBRUARY 14, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 pm in Chambers at Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Ashley Vaz, South Florida Sun -Sentinel Kid of Character, led the pledge of allegiance. INTRODUCTION PROCLAMATIONS AND PRESENTATIONS: a. Mayor Flansbaum-Talabisco announced that Representative Waldman was to appear before the Mayor and City Commission but due to unforeseen circumstances, has rescheduled his update to February 28"'. b. School Board Member Stephanie Kraft gave an update on the new elementary school to be located at the Sunrise/Lauderhill border to be opened in August 2008, which would alleviate crowding in Challenger Elementary School. Ms. Kraft added the design is one used in Palm Beach County. Boundary changes will have to be made for Challenger, Horizon and Banyan Elementary Schools. Ms. Kraft spoke of class size reduction, and said student enrollment is falling. High School FFF is still in the budget but there has been no movement on it as enrollment numbers at Taravella and Piper High Schools do not warrant a new building at this time. The School Board is still trying to find land for another middle school to relieve crowding at Millennium, West Pine and Bair Middle Schools. School will begin on August 20t" and the winter break will be the last week of December and first week of January. The School Board has plans to bring in Bill Mathes, an organizational/industrial psychologist, to help with visioning and formulating a strategic plan. Ms. Kraft spoke of High School Reform issues, commended Taravella High School's Drama Department and added Mr. Jenkins the Band Director for Taravella High School has been recognized by the State of Florida. Vice Mayor Portner questioned school footprints and acreage, combining elementary and middle or middle and high schools, and bonuses for teachers. Ms. Kraft said since schools buildings are going higher, we can build on smaller parcels of property. Throughout the State some schools have combined grades K-8 but there are some pros and cons such as the elimination of electives from the middle school grades. Ms. Kraft spoke of the options for bonuses either through the State or the School Board, as well February 14, 2007 Page 1 of 8 as the pros and cons of each plan, and how they are tied to FCAT. Commissioner Sultanof questioned the union's position and Ms. Kraft said the union is against accepting money from the State for bonuses; they want the School Board to come up with their own plan. Mayor Flansbaum-Talabisco said it is a pleasure to see Ms. Kraft and to work with her, and thanked Ms. Kraft for her help in the first Educational Summit. Mayor Flansbaum-Talabisco acknowledged Ms. Kraft's assistance in working toward the Educational Committee. C. Presentation by Mayor Flansbaum-Talabisco of a proclamation recognizing Cadet Captain Rosario Licitra as "2006 Florida's Fire Rescue Cadet of the Year." Captain Licitra thanked his mother, father and advisors, Van Schoen and Jesse Lapin- Bertone. Fire Chief Budzinski explained that Van Schoen started the Cadet Program and Jesse Lapin-Bertone has kept the program going. Fire Chief Budzinski said Captain Licitra is preparing to be a firefighter and has represented the Cadet Program at every City function where the Fire Department and Cadets are utilized. Captain Licitra has taken every opportunity to contribute to the community and he is the first Cadet recognized by the Florida Fire Chiefs Association. d. Presentation by Mayor Flansbaum-Talabisco of a proclamation to the Transplant Foundation recognizing February 14th as "National Donor Day." Mayor Flansbaum- Talabisco said if not for this foundation her husband, who underwent a heart transplant operation on October 5th, would not be here today. He is now celebrating 4'/2 months of his second life. Mayor Flansbaum-Talabisco said she has learned more than she ever imagined about transplants and has become part of the support group and the foundation itself. Paul Klein accepted the proclamation and said the foundation provides for patient services, raises money for transplant medical research, and increases available organ donors. Mr. Klein spoke of the number of people who die needless deaths each year due to the lack of organ donors and urged everyone to become an organ donor. Mr. Klein said the legislature passed a Bill recently allowing the sale of specialty license plates regarding organ donations. Commissioner Atkins -Grad presented Mayor Flansbaum-Talabisco with an award from the Audubon Society that she had accepted on Mayor Flansbaum-Talabisco's behalf at Vision Broward. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco wished everyone a happy Valentine's Day and acknowledged Ashley Vaz, who was recognized for a leadership award by the Sun Sentinel, as a "Kid of Character". Mayor Flansbaum-Talabisco congratulated City Manager Miller on his election as President of BCCMA. Mayor Flansbaum-Talabisco spoke of the art gallery in City Hall, which is a collaboration between ArtServe and the City; the Martin Luther King/Black History Month display at the Tamarac Community Center; and the classical concert that was held this past Friday at the Tamarac Community Center. Mayor Flansbaum-Talabisco said while she was in Washington, D.C. last week with Deputy City Manager Cernech she visited with our elected representatives. She was joined by the Russ Reid lobbying team, and we hope to get funding for the Pine Island Overpass, construction of the Recreation Center on University Drive, and the wastewater infrastructure improvements for Main Street. To February 14, 2007 Page 2 of 8 date we have secured over $600,000 with Congressman Wasserman-Schultz's involvement, and Congressman Wexler assured Mayor Flansbaum-Talabisco that he supports our projects. Mayor Flansbaum-Talabisco also spoke with Representative Hastings and Senator Nelson and their staffs, who were all very receptive and warm and Mayor Flansbaum-Talabisco said she hopes the meetings will be monetarily productive for the City. Mayor Flansbaum-Talabisco spoke about the special assessment for Main Street Infrastructure Improvements, and explained that the resolution before the Mayor and City Commission tonight is to inform the Property Appraiser and Tax Collector that we may want to put an assessment on the tax bill. If we do move forward with this it will only affect those property owners on 57th Street between Pine Island Road and 94th Avenue. Vice Mayor Portner said he attended two conferences last month, one in California and one in Washington, D.C. and he will prepare reports shortly. Commissioner Atkins -Grad wished everyone a happy Valentines Day and spoke of the culture and arts programs that were held in Tamarac over the last few weeks, and the outdoor concerts. Commissioner Atkins -Grad said she attended a forum on the environment sponsored by Vision Broward, and noted that articles regarding water and climate are in the newspaper every day. Small steps taken at the local level can have a meaningful impact. Commissioner Atkins -Grad said she has been busy with school functions and homeowner associations, and she is very pleased at the turnout to hear the lecture given by a prominent Orthopedic Surgeon from Miami. Commissioner Sultanof wished everyone a happy Valentines Day and spoke of a stent program that should be looked into as it may help many people while they wait for a transplant. Commissioner Sultanof said a City without a library, art or museums is destined to die. Commissioner Sultanof spoke of the MPO, on which he serves, and explained the MPO is now an independent organization. Commissioner Sultanof spoke of Broward County moving forward with the sidewalk program. Commissioner Dressler thanked the Mayor and City Commission for adding an item to the consent agenda regarding the levee at Lake Okeechobee, and said there would be dire consequences if the project fails. Commissioner Dressler commended Senators Nelson and Martinez on their efforts to attract money for the project. Commissioner Dressier acknowledged past Commissioner Karen Roberts who has just been appointed to the Board of Heathgate/Sunflower Homeowner Association, and said he looks forward to working with her and the Board. 3. City Attorney: City Attorney Goren asked the Mayor and City Commission for a motion and vote to approve a settlement in the amount of $10,000 in the Southern Coatings matter. The settlement includes all fees, costs, expenses and other obligations. City Manager Miller said he endorses the settlement and he is pleased that he has been kept up to date on this litigation on a daily basis. Commissioner Dressler confirmed the City prevailed in court, and has been allowed sanctions. The issue before us is a business decision to end an interminable litigation that serves no further purpose. City Attorney Goren agreed and said it is cost avoidance and prudent to resolve this matter. The record will be cleared and releases will be executed naming February 14, 2007 Page 3 of 8 each person individually, the Commission and the City collectively so as to wipe the slate clean and sterilize it for the record. Everything pending in court will be dismissed. Commissioner Dressler seconded by Commissioner Sultanof moved resolution of this matter for $10,000. On roll call Vice Mayor Portner voted "yes", Commissioner Atkins - Grad "yes", Commissioner Sultanof 'yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. 4. City Manager: City Manager Miller announced the City of Tamarac has applied to the Broward County Land Preservation Board to purchase the gas station at Pine Island Road and NW 571" Street for open space, and we have been short listed. The application is pending before the Broward County Commission. City Manager Miller thanked Assistant City Manager Phillips for an outstanding job on this issue and thanked Commissioner Dressler for speaking before the Committee. The Fire Department reports the promotions of Michael Wilton and Alex Arias to Lieutenant. Parks and Recreation reports the Golf Course Builders Association and NRPA are providing golf equipment for the "Sticks for Kids" program, and Tamarac Parks and Recreation is a pilot site. This program is in conjunction with the existing golf program and will be held in the summer months. PUBLIC PARTICIPATION 5. Blanche Lustig, 6301 N University Drive, Tamarac spoke of medians on University Drive needing some sort of reflector so they can be seen in the dark and also spoke of the Main Street special taxing district. CONSENT AGENDA 6. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved the addition of Temporary Resolution 11140 as Item 6(g) to the consent agenda. PRESERVING AND PROTECTING THE LEVEE SYSTEM SURROUNDING LAKE OKEECHOBEE: (TR11140) Urging the federal government and the legislature of the State of Florida to take any and all action necessary to preserve and protect the levee system surrounding Lake Okeechobee. On roll call Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", and Vice Mayor Portner "yes". Motion carried. Commissioner Sultanof seconded by Commissioner Dressler moved approval of all items on the consent agenda. On roll call Commissioner Atkins -Grad voted "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", Vice Mayor Portner "yes", and Commissioner Sultanof "yes". Motion carried. a. APPROVE the minutes of the January 24, 2007 Regular City Commission meeting. APPROVED 1 February 14, 2007 Page 4 of 8 b. SIDEWALK EASEMENT — UNITED METHODIST CHURCH: (TR11114) Executing a sidewalk easement with the S.E. District Florida Annual Conference United Methodist Church, Incorporated, for the 70th Avenue sidewalk project, located north of McNab Road along NW 70th Avenue, authorizing and directing the City Clerk to record said easement in the Public Records of Broward County. RESOLUTION NO. R2007-08 C. TASK AUTHORIZATION FOR ENGINEERING SERVICES RELATED TO INTEGRATED BIKEWAYMALKWAY SYSTEM FEASIBILITY STUDY: (TR11128) Accepting Task Authorization No. 07-03E and executing an agreement with Carter & Burgess, Inc., to provide engineering services related to the City of Tamarac Integrated Bikeway/Walkway System Feasibility Study, per the existing agreement with Carter & Burgess, Inc., for continuing engineering services; authorizing an expenditure not to exceed $74,910; approving funding in the amount of $74,910 from the appropriate accounts; approving all necessary budget transfers. RESOLUTION NO. R2007-09 d. FILTER MEDIA REPLACEMENT - GREENLEAF AND PACKAGE FILTERS 1 AND 2 PROJECT: (TR11130) Awarding Bid No. 07-06B to TLC Diversified, Inc., and executing an agreement between the City of Tamarac and TLC Diversified, Inc., for an amount of $494,319.00 for the Filter Media Replacement - Greenleaf and Package Filters 1 and 2 Project located at the Tamarac Utilities Water Treatment Plant site; approving funding for this project from the appropriate utilities operational accounts; authorizing the appropriate city officials to administer the contract. RESOLUTION NO. R2007-10 e. AWARDING BID #07-0713 AND EXECUTING AGREEMENT — SOUTHGATE LINEAR PARK PROJECT: (TR11126) Awarding Bid #07-07B and executing an agreement with DiPompeo Construction Corporation for the Southgate Linear Park Project for an amount not to exceed $2,916,150; approving funding in the amount of $2,916,150 from the appropriate accounts. RESOLUTION NO. R2007-11 f. EXPENDING PUBLIC FUNDS TO ADVOCATE IN SUPPORT OF THE PROPOSED ANNEXATION OF BONIELLO GARDENS: (TR11136) Authorizing and directing the City Manager to expend limited public funds for the purpose of advocating in support of the proposed annexation of Boniello Gardens being considered by electors residing in the Boniello Gardens annexation area by mail ballot between the dates of March 17-March 27, 2007; urging the electors within the Boniello Gardens annexation area to support the annexation referendum; budgeting and appropriating an amount not to exceed $500.00 for the purpose of funding the public education efforts associated with the proposed annexation; finding that this expenditure is in the best interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac; authorizing the appropriate City officials to do all things necessary to effectuate the intent of this resolution. RESOLUTION NO. R2007-12 g. PRESERVING AND PROTECTING THE LEVEE SYSTEM SURROUNDING LAKE OKEECHOBEE: (TR11140) Urging the federal government and the legislature of the State of Florida to take any and all action necessary to preserve and protect the levee system surrounding Lake Okeechobee. RESOLUTION NO. R2007-13 END OF CONSENT AGENDA February 14, 2007 Page 5 of 8 REGULAR AGENDA ORDINANCES -- FIRST READINGS 7. AMENDING THE CITY CODE OF ORDINANCES TO REPLACE THE TERM "OCCUPATIONAL LICENSE TAX" OR "OCCUPATIONAL LICENSE" WITH "LOCAL BUSINESS TAX" OR "LOCAL BUSINESS LICENSE": (TO2130) Motion to adopt Ordinance on first reading amending the City Code of Ordinances to replace the term "Occupational License Tax" or "Occupational License" with "Local Business Tax" or "Local Business License"; specifically amending Sections 12-26(b), 12-47 and 12-48 to reference "Local Business Tax Receipts;" providing for codification. City Attorney Goren read Temporary Ordinance 2130 on first reading by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved adoption. Vice Mayor Portner asked why the ordinance is necessary and City Attorney Goren explained it is due to a change in State law, that changes occupational license to occupational license tax or business tax. On roll call Commissioner Dressler voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING - FEBRUARY 14, 2007 8. AMENDING CHAPTER_ 16, PENSION AND RETIREMENT, ARTICLE _VI, DIVISION 4: (TO2132) Motion to adopt Ordinance on first reading amending Chapter 16, Pension and Retirement, Article VI, Division 4 Section 16-493 to provide for an increase in drop participation from three (3) years to five (5) years not to exceed thirty years of employment and to remove repealed back drop provisions; amending Section 16-503 of Division 4 to provide an increase in annual cost of living adjustments from two percent to two and one -quarter percent; adding Section 16-516 of Division 4 to provide a supplemental pension benefit in lieu of payment for accrued sick leave; providing for a savings clause; providing for codification. City Attorney Goren read Temporary Ordinance 2132 on first reading by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved adoption. On roll call Mayor Flansbaum-Talabisco voted "yes", Commissioner Dressler "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", and Commissioner Atkins -Grad "yes'. Motion carried. ADOPTED ON FIRST READING - FEBRUARY 14, 2007 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 9. AMENDING ORDINANCE 0-2007-02 RELATED TO THE REFERENDUM AND ANNEXATION OF THAT PORTION OF UNINCORPORATED BROWARD COUNTY KNOWN AS BONIELLO GARDENS: (TO2131) Motion to adopt Ordinance on first reading amending Ordinance No. 0-2007-02 related to the referendum and annexation of that portion of unincorporated Broward County known as Boniello Gardens, legally described in Exhibit "A" which is attached hereto; providing for notice of advertisement of the referendum election to be published in accordance with the laws of the State of Florida, the Code of Ordinances, and the Charter of the City of Tamarac, Florida; providing that this Ordinance, when adopted, shall be submitted to the qualified electors of the area proposed to be annexed, in March, 2007 pursuant to a mail ballot to be held February 14, 2007 Page 6 of 8 at a time to be determined by the Broward County Supervisor of Elections, and shall become effective as provided by the law; providing for the place and places where said election is to be held. City Attorney Goren read Temporary Ordinance 2131, Revision 1, on first reading by title. Commissioner Sultanof seconded by Commissioner Atkins - Grad moved adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll all Commissioner Atkins - Grad voted "yes", Vice Mayor Portner "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", and Commissioner Dressler "yes". Motion carried. ADOPTED ON FIRST READING - FEBRUARY 14, 2007 10. MAIN STREET IMPROVEMENT AREA — UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS: (TR11117) Motion to approve Resolution electing to use the uniform method of collecting non -ad valorem special assessments levied within the proposed Main Street Improvement Area and adjoining properties within the City; stating a need for such levy; authorizing the City Clerk to send a copy of the Resolution to the appropriate parties. City Attorney Goren read Temporary Resolution 11117, Revision 01 /29/07, by title. Commissioner Sultanof seconded by Commissioner Dressler moved approval. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. Commissioner Dressler asked for a status update on the study and Financial Services Director Chapman explained the City met with the consultants in a data gathering session. The consultants will take the data and determine which parts of the project are eligible for assessment. We expect a report back either late March or early April. Mayor Flansbaum-Talabisco confirmed that the statement made during her report stands and is part and parcel of this discussion. On roll call Vice Mayor Portner voted "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2007-14 ORDINANCE — SECOND READING 11. AMENDING CHAPTER 6 OF THE CITY OF TAMARAC CODE OF ORDINANCES "FINANCE AND TAXATION": CREATING SECTION 6-41 "FUND BALANCE POLICY"% (TO2129) Motion to adopt Ordinance on second reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation", by amending Article II, entitled "Fees and Funds"; specifically creating Section 6-41, to be entitled "Fund Balance Policy"; providing the City Manager with the authority to adjust funding in order to balance the budget with or without the approval of the City Commission; providing for codification. City Attorney Goren read Temporary Ordinance 2129 on second reading by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", and Vice Mayor Portner "yes". Motion carried. ADOPTED ON FIRST READING — JANUARY 24, 2007 ADOPTED ON SECOND READING — FEBRUARY 14, 2007 ORDINANCE NO.O-2007-05 February 14, 2007 Page 7 of 8 QUASI-JUDICIAL HEARINGS There were no quasi-judicial hearings scheduled for this meeting. END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the regular meeting of the City Commission at 8:20 pm. J Marion Swenson, CIVIC City Clerk Marion Swenson, CIVIC City Clerk February 14, 2007 Page 8 of 8 RW-A W2, Mayor F-� 1 1