HomeMy WebLinkAbout2009-01-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JANUARY 28, 2009
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the city
commission to order at 9:00 a.m. on Wednesday, January 28, 2009 in Chambers at
Tamarac City Hall 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad,
Commissioner Pamela Bushnell, Commissioner Diane Glasser, and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Commissioner Glasser led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a check in the amount of $27,000 for the Water Savings Incentive
Program Grant by South Florida Water Management District by Elbert Waters,
Broward Service Center Director. Lab Manager Oney reported last year the City of
Tamarac replaced 500 toilets and still has 150 available. Applications are in the rear of
the chambers. Lab Manager Oney presented the Show of Excellence Water
Conservation Award from FAWWA to the Mayor and City Commission. Mayor
Flansbaum-Talabisco commended the City and residents for an outstanding job in water
conservation.
b. Presentation by Palm Beach Gardens Finance Director Allan Owens of the GFOA
Certificate of Achievement for Excellence in Financial Reporting (CAFR) award to the
City of Tamarac for the fiscal year ending September 30, 2007. Deputy City
Manager/Interim Financial Services Director Cernech introduced the Accounting
Division and said this is a significant award which the City has received for 20
consecutive years. Deputy City Manager/Interim Financial Services Director Cernech
added this award speaks volumes about the City's finance department and how we
conduct ourselves. The entire organization and the finance department contributed to
this award. City Manager Miller recognized the work of the department directors and
managers throughout the organization who helped with the budget and congratulated
Controller Cajuste for the leadership she has provided. Mayor Flansbaum-Talabisco
said it is very comforting to know we have an entire team to keep us on the straight and
narrow; the City of Tamarac has not and will not fall off the track.
c. Presentation of a check by the Mayor, City Commission and Employees of the City of
Tamarac, in the amount of 115,072,74 to the United Way of Broward County,
representing the City of Tamarac's 2008 Employee Campaign total. Mr. Richard
Sutherland, Company Manager accepted. City Manager Miller thanked the employees
Commission Regular Meeting
January 28, 2009
Page 1 of 8
for their contributions to the United Way. Public and Economic Affairs Officer Berns
thanked the committee: Robyn Thalenfeld, Rafael Acosta, Christine Bosco, Luanne
Christiano, Debbie DeCrane, Bill Franqui, Latoya James, Cathy Jones -Felder, Barbara
London, Pat Richardson, Sheron Stewart, Zuli Taborda, Pat Teufel, Nancy Wilson, and
Anthony Campbell.
d. Presentation by Mayor Flansbaum-Talabisco of a proclamation recognizing Lt. Steve
Taylor as "2008 City of Tamarac Firefighter of the Year". Fire Chief Budzinski
announced this award comes from a panel of Lt. Taylor's peers. Lt. Taylor reinvigorated
a fire hydrant program and worked closely with the utilities department. Fire Chief
Budzinski also presented Lt. Taylor with a plaque on behalf of the fire department. Lt.
Taylor thanked Fire Chief Budzinski and the commissioners, as well as the men and
women of the Tamarac Fire Rescue for their support, professionalism and dedication.
City Manager Miller related an anecdote regarding one of the fire fighters who had a
hard time opening a fire hydrant before the program went into affect, and said their job
is not an easy one, especially with some of the fire hydrants that had been closed for
quite a while. City Manager Miller said he appreciates the support utilities gave the fire
department on this project. Tamarac has excellent water pressure which is of great
benefit to the City of Tamarac in fire suppression. Mayor Flansbaum-Talabisco reported
that on Sunday Lt. Taylor was honored by the Elks Club of Oakland Park and members
of the commission and Chief Moral were in attendance.
e. Presentation, by Mayor Flansbaum-Talabisco, of a proclamation proclaiming
January 28, 2009 as Joe Scimeca Day in the City of Tamarac. City Manager
Miller said Joe Scimeca was one of the first people he hired when he was the
Community Development Department Director. Mr. Scimeca, who is a former New York
Police officer, used his police training to find the woman and her child and was
instrumental in getting a family back together and getting them the medical attention so
sorely needed.
f. Presentation by Mayor Flansbaum-Talabisco of Employee Service Awards:
5-year award: Pat Richardson, Chief Electrical Inspector, Building
10-year awards: Sandy Beall, Office Coordinator, Building, Steven Beamsderfer,
Buyer, Financial Services, Doris Danahy, Accounting Clerk, Financial Services, Rafael
Droz, Lt./H Paramedic, Fire Rescue, Glenford Johnson, Engineering Construction
Inspector/Plans Examiner, Public Works
20-year award: Adolfo Carpio, Equipment Operator II, Utilities
25-year award: Judy Yacobellis, Sr. Occupational License Specialist, Community
Development
REPORTS
2. Vice Mayor Atkins -Grad said it has been an exhilarating two weeks with a lot of
attention given to Washington and the new administration. Vice Mayor Atkins -Grad
attended homeowner association meetings and many other events. Vice Mayor Atkins -
Commission Regular Meeting
January 28, 2009
Page 2 of 8
Grad attended the swearing -in ceremony for the Chamber of Commerce. Tamarac is
moving in a positive direction.
Commissioner Bushnell congratulated all staff who came to the town hall meeting in
District 1 on Monday evening; over 200 residents were in attendance. Commissioner
Bushnell said she has been deluged with phone calls and a -mails telling her how
splendid staff is and how well the city was represented. Mayor Flansbaum-Talabisco
said this was the biggest district meeting so far; a phenomenal exchange of ideas and a
testament to Commissioner Bushnell.
Commissioner Dressler said he would report on the MPO at a future date.
Commissioner Dressler gave a report on the Investment Advisory Committee and
added with regard to the economy, the worst is yet to come. Commissioner Dressler
spoke of housing price depreciation and said Tamarac is in good shape and we have
avoided problems, risks and liquidity issues.
Mayor Flansbaum-Talabisco said the fact that the commission was in attendance at the
District 1 meeting shows the community we are all out there working for the City
together. Commissioner Bushnell said the community was happy with the great
answers received from staff, and she believes there will be at least four applicants for
Tamarac University from those in attendance.
Mayor Flansbaum-Talabisco reported that with regard to previous conversations
regarding the turnpike off ramp at Commercial Boulevard, the authorities have gotten
back to us and they are hiring law enforcement to man the intersection during peak
hours. Mayor Flansbaum-Talabisco thanked Public Works for their part in bringing this
to fruition. Mayor Flansbaum-Talabisco reported that City Manager Miller and Assistant
City Manager Phillips have been re-elected to the BCCMA as President and
Secretary/Treasurer, respectively. The City Managers are interacting more with the
League of Cities and the fiscal stewardship committee. Mayor Flansbaum-Talabisco
attended the U.S. Conference of Mayors meeting two weeks ago, and said it was an
honor to be amongst others representing their cities. She learned all cities have similar
issues. Mayor Flansbaum-Talabisco gave a short background on the U.S. Conference
of Mayors and announced that the Mayor of Los Angeles was appointed to the Obama
Economic Team. The cities are the driving forces behind what is going on in the
country and the overriding theme for the conference was a tremendous optimism about
the new administration. The U.S. Conference of Mayors is lobbying to get money to go
directly to the cities, and Mayor Flansbaum-Talabisco advised that what the cities ask
for in the way of funding for projects must be real and shovel ready, as Tamarac's
projects are. The new administration is very interested in cities. Two committees that
were most interesting to Mayor Flansbaum-Talabisco were the Community
Development and Housing Committee, which Mayor Flansbaum-Talabisco asked to be
a member of, and the Tourism, Parks, Arts, and Sports Committee,. This Committee is
looking for 150 million in stimulus funds to give back to the arts and is also asking for a
cabinet officer to attract arts and tourism.
Commission Regular Meeting
January 28, 2009
Page 3 of 8
Commissioner Glasser said she attended the Town Hall meeting in District 1 and there
are a great many dedicated and committed people in the city's staff. The reason we get
awards is because of our staff. Commissioner Glasser said she went to Washington for
the inauguration on her own dollar and it was an extremely moving experience.
Everybody is looking forward to the new beginning for these United States and a trickle
down to the cities so people can start earning money. Commissioner Glasser said her
personal opinion is that the situation will not be corrected immediately; it will get worse
before we get out of it, but she feels this administration will do well. The new President
said he would like to see monies go directly to the cities and we have to rely on the
federal government to come up with plans. It is a new beginning for this country and
she believes we are going in the right direction.
Commissioner Dressler said we are fortunate to have somebody with Commissioner
Glasser's stature with us; she is a super delegate, and he is delighted to hear
everything Commissioner Glasser had to say. The latest he has heard regarding
monies coming from the stimulus package is that the monies will come through the
MPOs to the local level. Yesterday, he forwarded all documentation and project
requests Tamarac submitted on the federal level to the MPO so staff there will know
what we are looking for, and he will keep staff and the commission informed.
3. City Attorney Goren gave a positive report on the Traffic Magistrate program and said
it will be funded. When funding occurs there will be refunds to Broward County for
monies they put out for this year. Representative Porth and Senator Ring have been
very involved in bringing forth the Traffic Magistrate funding program. City Attorney
Goren spoke of a Bill Senator Gelber is filing with the State regarding honor services.
Commissioner Dressler questioned how the Mayor and City Commission could support
the Bill and City Attorney Goren said he would determine today if such a Bill has been
drafted or filed and if appropriate will bring back a Resolution for the Mayor and City
Commission to review. Commissioner Dressler asked for an update on the dog issue
and City Attorney Goren said staff met after the last commission meeting and several
things are being done. Some points of concern have been addressed by staff and we
expect to have an amendment to the ordinance regarding dangerous dogs, which will
not neutralize the existing law. Several Bills have been filed in Tallahassee and there
may be some further movement this year to look at. There is, however, a strong lobby
regarding dogs' rights. City Attorney Goren said he would bring back a proposed
ordinance that will meet with the tenure of our discussions.
4. City Manager Miller said we received a good report from Fitch (a copy of which is
attached to these minutes and incorporated herein.) Tamarac is stable and has a high
rating. City Manager Miller thanked Controller Cajuste and Deputy City
Manager/Interim Financial Services Director Cernech for their work with Fitch. City
Manager Miller reported that last week the executive team met in a retreat to review our
situation; we are adjusting our business plans and we talked about our strategic plan. A
presentation will be given at the commission retreat, and we also set some guidelines
for the rest of this year to control expenditures. The Martin Luther King Art Exhibit and
Reception at the Tamarac Community Center featured the work of local artists. Black
Commission Regular Meeting
January 28, 2009
Page 4 of 8
History Month will be celebrated on February 10 at 6:00 p.m. at the Tamarac
Community Center, with works and performances by local artists and students from
Challenger Middle School. The next concert is scheduled for 7:00 p.m. on February 13
at the Sports Complex, featuring the group "Now and Then". Applications for Tamarac
University are on the desk by the chamber doors. We have brought in an outside
consultant, Mark Lauzier, to assist with our budget process this year. Mr. Lauzier is a
former Assistant City Manager for Pompano Beach and has also served as City
Manager for the City of Parkland. He is presently in the consulting field as an expert in
finance and budgeting and he will assist us in taking a fresh look at our budget.
5. PUBLIC PARTICIPATION: Bob Starch, (address) praised Monday's District 1
meeting. Mr. Storch asked staff to look into a reduction in utility fees for snowbirds
during the time they are away from Florida. Mr. Storch questioned automatic payments
for utility bills. Commissioner Dressler explained automatic payments are part of the
TAPP program; customer service will send an application upon request.
Joe Schreiber, 10504 E. Claremont Circle praised the current Tam -A -Gram. Former
Mayor Schreiber spoke about needed improvements to fences along Pine Island Road
at 82nd Street, spoke in favor of televising meetings, and said the ambulance charge is
excessive.
CONSENT AGENDA
6. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval of all
items on the consent agenda. On roll call Commissioner Glasser voted "yes",
Commissioner Dressler "yes", Vice Mayor Atkins -Grad "yes", Commissioner Bushnell
"yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
a. APPROVE MINUTES of the January 14, 2009 regular city commission meeting.
APPROVED
b. TR11544 - SABAL PALM QUIT CLAIM DEED: A Resolution approving and
authorizing the execution of a Quit Claim Deed between the City and Sabal
Palms South Property Owners' Association, Inc. The City currently owns a certain
parcel of real property connecting two waterway canals owned by the
Association. Execution of the Deed will give the Association an undivided ownership
interest in the property and make them responsible for the maintenance thereof.
RESOLUTION NO. R2009-009
c. TR 11540 WATERS EDGE PARK - GRANT ACCEPTANCE AND
AGREEMENT: A Resolution of the City Commission of the City of Tamarac,
Florida, accepting a grant in the amount of $75,000 from the Broward County
Land Stewardship Program; authorizing the appropriate City Officials to execute an
agreement between Broward County and the City of Tamarac for the development of
Waters Edge Park; providing for a match of $187,595 for a total project cost of
$262,595; providing for conflicts; providing for severability; and providing an effective
date.
RESOLUTION NO. R2009-010
Commission Regular Meeting
January 28, 2009
Page 5 of 8
d. TR 11545 PEMBERTON BUILDING REFUND STARBUCKS: A Resolution of the
City Commission of the City of Tamarac, Florida authorizing the appropriate city
officials to approve a refund in the amount of twelve thousand nine hundred fourteen
dollars and thirty-one cents ($12,914.31) which was paid on commercial alteration
permit number 07-4981; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION NO. R2009-011
e. TR 11556 - JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY
FOR HHW COLLECTION EVENTS: A Resolution of the City Commission of the
City of Tamarac, Florida, authorizing the appropriate City officials to execute a
joint participation agreement with Broward County for household hazardous waste
collection events valid through August 5, 2010; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION NO. R2009-012
f. TR11549 REAPPOINTMENT OF WILLIAM STROMBERG AS TRUSTEE TO FIRE
PENSION BOARD: A Resolution of the City Commission of the City of Tamarac,
Florida, confirming the reappointment of William Stromberg as a Trustee of the Fire
Pension Board to serve a two-year term ending December 18, 2010; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION NO. R2009-013
g. TR11553 PURCHASE OF PUMPS AND APPURTENANCES FROM SANDERS
COMPANY, INC.: A Resolution of the City Commission of the City of Tamarac,
Florida, authorizing the appropriate City Officials to purchase pumps and
appurtenances from Sanders Company, Inc., a sole source distributor of Smith &
Loveless, Inc., supplies for the maintenance and replacement of wastewater pump
stations; authorizing expenditures for said purposes from Sanders Company, Inc.,
for an amount not to exceed $65,000 for fiscal year 2009; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION NO. R2009-014
h. TR11555 SECOND AMENDMENT TO AGREEMENT FOR PUBLIC
TRANSPORTATION: A Resolution authorizing the appropriate City Officials to
execute the Second Amendment to the Agreement between the City of Tamarac and
Broward County for Public Transportation Services; providing for conflicts; providing for
severability; and providing an effective date.
RESOLUTION NO. R2009-015
I. TR11542 SECOND BUDGET AMENDMENT FISCAL YEAR 2009: A Resolution of
the City Commission of the City of Tamarac, Florida, amending the Expenditure
Budget for the Fiscal Year 2009; appropriating fund balance for the Fiscal Year 2009;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION NO. R2009-016
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE — FIRST READING
Commission Regular Meeting
January 28, 2009
Page 6 of 8
7. TO # 2171 COMPREHENSIVE PLAN AMENDMENT: Motion to adopt Ordinance
on first reading amending the Capital Improvements Element, Intergovernmental
Coordination Element, Infrastructure Element and Conservation Element of the City
of Tamarac's Comprehensive Plan consistent with the City's ten-year Water
Supply Facilities Plan; authorizing transmittal of the 10 year Wolter Supply Facilities
Plan and Comprehensive Plan Amendments to the Department of Community
Affairs and other agencies as required by Rule 9J-11, F.A.C; (Case No. 24-MI-
08) providing for inclusion in the comprehensive plan; providing for conflict; providing for
severability; and, providing for an effective date. City Attorney Goren read Temporary
Ordinance 2171 on first reading by title. Commissioner Dressler seconded by Vice
Mayor Atkins -Grad moved to defer T02171 to the February 11, 2009 commission
meeting at or after 7:00 p.m. On roll call Vice Mayor Atkins -Grad voted "yes",
Commissioner Glasser "yes", Commissioner Dressler "yes", Commissioner Bushnell
"yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
TEMPORARY ORDINANCE 2171 DEFERRED TO THE FEBRUARY 11, 2009
MEETING AT OR AFTER 7:00 P.M.
PUBLIC HEARING(S) 9:00 AM OR THEREAFTER
ORDINANCE(S) — SECOND READINGS
QUASI-JUDICIAL HEARING(S)
8. TR # 11548 TAMARAC MARKETPLACE: A Resolution of the City Commission
of the City of Tamarac, Florida, granting a Parking Waiver of thirty-seven (37)
parking spaces to reduce the required number of parking spaces from six hundred
and fifty-three (653) to six hundred and sixteen (616) parking spaces, for the
property located at 10000-10098 W. McNab Road (Case No. 3-Z-08); providing for
conditions of approval; providing for conflicts; providing for severability; and providing
for an effective date. City Attorney Goren read Temporary Resolution 11548 by title.
Vice Mayor Atkins -Grad seconded by Commissioner Bushnell moved approval.._ City
Attorney Goren explained the quasi-judicial procedures. Lisette Arhil, designatecFagent
for property owner waived the quasi-judicial rights. Community D velopment Director
Bramley gave a presentation. Commissioner Bushnell questioned i he actual number of
spaces and Community Development Director Bramley said 534. Commissioner
Dressler questioned the time frame of the study and Glen Hanks, P.E., explained the
use of generic data as well as actual field observation. City Cler Swenson swore in
those parties who have or will give testimony. Community D velopment Director
Bramley said a third party who works for the city confirmed the parking study results.
Commissioner Glasser questioned the choice of peak times studied and spoke of the
number of restaurants and parking spaces occupied during the lunch time. Mayor
Flansbaum-Talabisco confirmed the parking waiver is actually to add parking spaces;
staff never came to the Mayor and City Commission regarding parking issues. Vice
Mayor Atkins -Grad said the area needs beautification. Commissioner Glasser spoke of
shrubbery and difficulty seeing the stop signs that are already there. Ms. Amil said the
shopping center has changed over the past six months; it was in dire need of upkeep.
The owners have an action plan for site beautification and parking spaces; hopefully all
will be completed by the end of the year. Commissioner Dressler questioned Ms. Amil's
Commission Regular Meeting
January 28, 2009
Page 7 of 8
binding authority for the applicant and Ms. Amil confirmed she has binding authority.
Commissioner Dressler questioned code infractions and Community Development
Director Bramley said staff is working with the applicant to address all infractions. City
Attorney Goren confirmed the commission's actions do not eliminate the violations; they
still need to present themselves to the magistrate. Mayor Flansbaum-Talabisco asked if
there would be signage to let the residents know what is occurring in the center and Ms.
Amil said there would be. Mayor Flansbaum-Talabisco opened the public hearing. Joe
Schreiber, 10504 E. Claremont Circle asked if the church going in is existing or new.
Ms. Amil said there is no center for worship currently scheduled for the center. With no
one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. On
roll call Commissioner Dressler voted "yes", Vice Mayor Atkins -Grad "yes",
Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-
Talabisco "yes". Motion carried.
RESOLUTION NO. R2009-017
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
Flansbaum-Talabisco adjourned the meeting at 11:10 a.m.
r.- w-2c� •�
Marion Swenson, CMC
City CI6rkJ__
Beth Flansbaum-Talabisco, Mayor
Commission Regular Meeting
January 28, 2009
Page 8of8
Priat :- Fitch Affirms Tamarac, Florida's Revs at'A+' Pagel of 2
Earthtlmes.org (Press Release)
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Fitch Affirms Tamarac, Florida's Revs at'A+'
Posted on : 2009-01-23 1 Author : Fitch Ratings
News Category : PressRelease �L4;
NEW YORK - (Business Wire) In the course of routine surveillance, Fitch
Ratings affirms Tamarac, Florida's approximately $23.5 million in capital ciL,
improvement revenue bonds at 'A+'. Concurrently, Fitch affirms the city's
approximately $2 million in outstanding general obligation (GO) bonds at 'AA-
'. The Rating Outlook is Stable.
The 'AA-' GO rating is based on the city's trend of strong financial results,
limited economy, and low direct debt levels with modest future capital needs.
The 'A+' rating on the capital improvement revenue bonds reflects the general
credit characteristics of the city as well as strong debt service coverage
provided by the city's covenant to budget and appropriate (CB&A) a diverse
mix of non ad -valorem revenues sources. Audited fiscal 2007 results show a
robust 5.1 times (x) maximum annual debt service (MADS) coverage. While
pledged revenues softened slightly for fiscal 2008, unaudited results provide
still healthy 4.8x coverage. legal provisions are sound under the covenant
ordinance with an additional bonds test requiring 2.Ox MADS coverage
although actual coverage is expected to remain well above this due to the
city's reliance on excess revenues to finance government operations.
Like most of Florida, effects of the current economic downturn have been
amplified in Tamarac over the last year. The city's unemployment has risen to
8% in November 2008 from 4.5% a year prior. While foreclosure rates remain
manageable at less than one percent of total properties, fiscal 2009 assessed
value (AV) decreased 11.8% due to a combination of Amendment One and
depreciating home values. However, Fitch notes that the city's robust reserve
levels provide considerable financial cushion to mitigate current economic
pressures. In addition, the city does not currently levy the 10% utility tax on
electricity purchases as do most cities in the area and has shown its
willingness to increase its tax rate to the maximum allowable level. Both
measures will provide additional revenue flexibility in future years. According
to the city's multi -year financial plan, Tamarac expects to be able to balance
its budget with no use of reserves through fiscal 2012.
Fitch's rating definitions and the terms of use of such ratings are available on
the agency's public site, www.fitchratinas.com. Published ratings, criteria and
methodologies are available from this site, at all times. Fitch's code of
conduct, confidentiality, conflicts of interest, affiliate firewall, compliance and
other relevant policies and procedures are also available from the 'Code of
Conduct' section of this site.
Fitch Ratings
Rachel A. Barkley, +1-212-908-0514 (New York)
Kelly McGary, +1-813-224-0492 (Tampa)
Cindy Stoller, +1-212-908-0526 (Media Relations, New York)
cind .stoll r fitchratin .com
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