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
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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
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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
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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
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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
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