HomeMy WebLinkAbout2007-03-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY MARCH 28, 2007
CALL TO ORDER: Vice Mayor Edward C. Portner called the regular meeting of the
City Commission to order at 9:00 am on Wednesday, March 28, 2007 in Chambers at
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL.
PRESENT: Vice Mayor Edward C. Portner, Commissioner Patte Atkins -Grad,
Commissioner Marc L. Sultanof, and Commissioner Harry Dressier (arrived at 9:05 am).
ABSENT AND EXCUSED: Mayor Beth Flansbaum-Talabisco,
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
Commissioner Patte Atkins -Grad led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Palm Beach Gardens Finance Director Allan Owens, of the
Certificate of Achievement for Excellence in Financial Reporting (CAFR) award to the
City of Tamarac for the fiscal year ending September 30, 2005. Vice Mayor Portner
said he is proud of our staff who have consistently done an excellent job. Financial
Services Director Chapman thanked the Mayor and City Commission and congratulated
the Finance Staff and Department Directors for a fine job. Controller Nealon recognized
the Accounting Staff and said this is a team effort, and thanked the Mayor and City
Commission for their support and the role they play to ensure the City maintains a high
degree of financial responsibility.
b. Presentation of a proclamation by Vice Mayor Portner, proclaiming April as
"Water Conservation Month" in the City of Tamarac. (Requested by Laboratory
Manager, Fran Oney) Laboratory Manager Oney accepted and said this proclamation
is well timed as we have just begun our water restrictions. The City of Tamarac always
does an exceptional job with water conservation.
C. Presentation of a proclamation by Vice Mayor Partner proclaiming April as
Records and Information Management Month in the City of Tamarac. (Requested by
City Clerk Marion Swenson) Records Coordinator Pabon accepted. City Clerk
Swenson commended Ms. Pabon on her work in Public Records and her efforts on
behalf of the City of Tamarac. City Clerk Swenson introduced Records Clerk Wheatley,
who assists Ms. Pabon.
March 28, 2007
Page 1 of 7
REPORTS
2. City Commission: Vice Mayor Portner acknowledged Sylvia Sultanof, Saul
Gass and Lori Plotnick who were seated in the audience. Vice Mayor Partner said this
was his first time presiding over a Commission meeting and it is a pleasure and a
humbling experience to be able to serve the City of Tamarac these past years; he has
lived in Tamarac for 33 years and seen many changes. All of the Commissioners, while
elected from districts, serve all the residents of Tamarac and there is nothing more
rewarding than being able to serve someone else.
Commissioner Dressler thanked Vice Mayor Portner for his service to the City and said
he never realized how demanding it is on a person's time, energy and emotions to be in
public service. People see the Commissioners at public meetings but do not see them
agonizing over issues between meetings or up at night worrying how they are going to
resolve a problem for a constituent or the time spent traveling on behalf of the City away
from their families. Commissioner Dressler commended Vice Mayor Portner for his
service on a variety of committees. Commissioner Dressler congratulated
Commissioner Sultanof on being selected as the Vice Mayor, and said like Vice Mayor
Portner, Commissioner Sultanof brings a wealth of information about the City and its
historical management, which is extremely valuable to Commissioner Dressler.
Commissioner Atkins -Grad said this is truly Team Tamarac, and congratulated
Commissioner Sultanof on the celebration of his 86th birthday on March 27th, and
commended Vice Mayor Portner on his service as Vice Mayor. Commissioner Atkins -
Grad spoke of the past two weeks being very active with Homeowner Association
meetings and solving constituents' problems. Commissioner Atkins -Grad said she took
a group of Tamarac residents on a tour of the University of Miami, School of Medicine,
through the Friends of Life, of which she is the President of the Woodlands Chapter.
Commissioner Atkins -Grad said she believes a relationship with the University of Miami,
School of Medicine would be of benefit to all Tamarac residents. While on the tour they
saw many new training techniques, and it is comforting to know our Tamarac
Emergency Personnel benefit from advanced training. The University of Miami will be
at our Health Fair on May 19th. Two weeks ago, Commissioner Atkins -Grad read to a
group of second grade students at Challenger Elementary School. Because they knew
of her fondness for penguins, they chose a book about penguins for her to read to them.
Commissioner Sultanof said most people do not understand the hours the
Commissioners put into this job; Vice Mayor Portner puts in between 42-46 hours each
week. Many years ago, the previous Commission did not listen when Vice Mayor
Portner spoke about annexation, but this Commission did listen and we have realized
annexation for the City. Vice Mayor Partner is on the 441/State Road 7 Collaborative
and 441 is being revitalized from Plantation north; this will be a 15-20 year project. Vice
Mayor Portner has traveled for the City to California, Texas, and Washington, and each
time brought back a report on his trip. Commissioner Sultanof said he is proud to have
served with Vice Mayor Partner and there is no better public servant than Vice Mayor
Partner. Commissioner Sultanof added he serves on a federal agency and each time
March 28, 2007
Page 2 of 7
he attends an MPO meeting he is approached by fellow members, because Tamarac is
moving forward so quickly. Tamarac has the best Commission and staff and he is
proud to serve. Commissioner Sultanof thanked everyone for their kind wishes.
3. City Attorney: City Attorney Goren spoke of a letter from Howard Finkelstein,
Public Defender for Broward County, wherein the Public Defender said they would no
longer represent indigent defendants in Code violations (both County and municipal) if
the violation is not ancillary to a State charge. City Attorney Goren said Tamarac may
not be as affected as other cities since we do not have a large indigent population;
however, if someone has a constitutional right to representation by counsel, there could
be exposure to the City. This is a discretionary function of the Public Defender and
Tamarac will be looking into the matter. Commissioner Sultanof questioned what could
happen if an indigent person were to be refused treatment at the hospital, and whether
Tamarac would be involved. City Attorney Goren said if a person were refused medical
care and then they refused to leave the hospital and they are given an NTA, there may
be a state charge or local charge under our Code. In this scenario, if there is an
ordinance violation, the Public Defender will not represent the person and the person
may have a claim against some entity for non -representation. Public Defender
Finkelstein suggests contractual services with Tamarac for such representations.
Commissioner Dressler asked who funds the Public Defender and City Attorney Goren
said the State does. Commissioner Dressler said this is another example of the state
placing unfunded mandates on a municipality. The legislators are looking at roll backs
and restraints on municipal taxing authority and yet they want to place more unfunded
mandates on us. City Attorney Goren said we will look carefully at how BSO charges
people. In most instances, BSO in Tamarac charges a person with state violations first.
Commissioner Dressler questioned the frequency of the charges and the cost to defend
people. City Manager Miller said most cases going before the Code Enforcement Board
and Special Magistrate are resolved at the local level. For the most part people do not
end up in County Court on these issues. Other cities will be more affected than
Tamarac. We may see a modest impact on our budget but we can not put an exact
number on it today.
4. City Manager; City Manager Miller congratulated Vice Mayor Portner on a
successful term as Vice Mayor and added he has always been thorough in going over
items that come before the Mayor and City Commission. City Manager Miller
congratulated Commissioner Sultanof on his 86th birthday and upcoming term as Vice
Mayor and added he will serve with distinction. City Manager Miller congratulated
Financial Services Director Chapman and Controller Nealon on winning another award
in the CAFR program. City Manager Miller spoke of a new tax reform plan from Senator
Geller; we are studying the plan and will have a report at the next workshop session.
This plan is the most progressive of the plans that have been brought forward and it
may be livable if it survives the legislative hurdles. We will have to make some
sacrifices, but this plan is more palatable than others. Parks and Recreation announces
the Aquatic Center has had very good attendance the past few weekends. Peter
Cottontail Wet and Wild Egg Hunt will be held on March 31, and the Annual Spring Fest
will be held on April 71h. The next Twilight Concert will take place on April 13 h. There
March 28, 2007
Page 3 of 7
will be a free ArtServe performance on April 14 at 4:00 p.m. which will feature a variety
of dance, including Tango, Flamenco, Mid Eastern Rhythms, Jazz and Modern Dance.
A discussion session will follow the performance.
PUBLIC PARTICIPATION
5. Barry Kolton, 5713 NW 68 Terrace, spoke in opposition to the section of the code
that provides for a mandatory charge when a person is away from a home and not using
the water and garbage service. Mr. Kolton distributed copies of Section 22-136 of the
Tamarac Code (a copy of which is attached and incorporated herein as part of these
minutes.) City Manager Miller said the City will look into the Code section and provide a
report to the Mayor and City Commission.
CONSENT AGENDA
6. Commissioner Dressler seconded by Commissioner Atkins -Grad moved removal
of Item 6(e) from the agenda. On roll call Commissioner Sultanof voted "yes",
Commissioner Atkins -Grad "yes", Commissioner Dressler "yes", and Vice Mayor Portner
"yes". Motion carried.
Commissioner Dressler seconded by Commissioner Sultanof moved approval of all
items on the consent agenda except for 6(e) which was removed from the agenda. On
roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", Vice
Mayor Portner "yes", and Commissioner Sultanof "yes". Motion carried.
a. APPROVE the minutes of the March 14, 2007 Regular City Commission
meeting.
APPROVED
b. ELECTING A VICE -MAYOR: (TR11132) Electing a vice mayor to serve a term of
one year and eight months beginning March 28, 2007 and ending November 2008, with
no succession.
RESOLUTION NO. R2007-29
C. AUTHORIZING FOUR -WEEK CONSECUTIVE PERIOD IN 2007 DURING
WHICH THE CITY COMMISSION WILL NOT SCHEDULE ANY REGULAR
MEETINGS: (TR11133) Authorizing a four -week consecutive period (July 15, 2007 —
August 11, 2007) during which time the City Commission will not schedule any regular
meetings pursuant to Section 4.06 of the City Charter.
RESOLUTION NO. R2007-30
d. AWARDING BID NO. 07-09B — REPLACEMENT OF BSO/TRANSPORTATION
OFFICE ROOF: (TR11115) Awarding Bid No. 07-09B and executing an agreement
with Preventive Maintenance Support Services, Inc. for the replacement of the roof at
the BSO Building at 7515 NW 88th Avenue in an amount not to exceed $205,355.63
from the appropriate accounts; authorizing budget amendments as needed for proper
accounting purposes.
RESOLUTION NO. R2007-31
March 28, 2007
Page 4 of 7
e. COMMISSION CHAMBERS CURTAIN INSTALLATION: (TR11153) Awarding
RFP No. 07-12R and executing an agreement with Kenney Drapery Associates, Inc. for
the replacement of the Commission Chamber Curtain located in City Hall in an amount
not to exceed $38,850 from the appropriate accounts; authorizing budget amendments
as needed for proper accounting purposes.
REMOVED FROM THE AGENDA
f. AWARDING RFP 07-15R AND EXECUTING AGREEMENT FOR PRINTING
AND MAILING SERVICES: (TR11152) Awarding RFP 07-15R, "Printing & Distribution
of City of Tamarac Publications" to and executing an agreement with Franklin
Communications, LLC for printing services for a two year period, providing for three
additional one year renewals at the discretion of the City; authorizing the City Manager
to approve expenditures for printing.
RESOLUTION NO. R2007-32
END OF CONSENT AGENDA
REGULAR AGENDA
7. APPLEBEE'S NEIGHBORHOOD GRILL & BAR - SPECIAL EXTENDED
HOURS PERMIT: (TR11151) Motion to approve Resolution granting approval of the
Special Extended Hours Permit, requested by Jacqueline S. Brown, representing
Applebee's Neighborhood Grill & Bar, to extend the hours of the on -premise sale and
consumption of alcoholic beverages and to open for business at 11:00 a.m. on
Sundays, pursuant to the City of Tamarac Ordinance No. 0-85-38, for the Applebee's
Neighborhood Grill & Bar, located in the Washington Mutual Plaza at 6005 North
University Drive (Case No. 2-MI-07); providing for conditions of approval. City Attorney
Goren read Temporary Resolution 11151, Revision #2, by title. Commissioner Dressler
seconded by Commissioner Atkins -Grad moved approval. Community Development
Director Bramley gave a presentation. Commissioner Portner questioned the sale of
alcohol on Sundays before noon and City Attorney Goren explained an establishment
that sells alcoholic beverages needs a State license for on premises and off premises
consumption. The State license also limits the hours. City Code limits hours of
operation in the City and regulates for on site consumption. Community Development
Director Bramley explained the State license permits Applebees to open at 11:00 a.m.
and sell alcohol for on site consumption. Jacqueline Brown, Paralegal for Hodgson
Russ, appeared on behalf of Applebees. Vice Mayor Sultanof asked if St. Malachy
Church opposed the extended hours and Ms. Brown said they had not. Commissioner
Dressler asked if there was an issue regarding separation between church and state
and City Attorney Goren said while compatibility is always an issue there is no distance
separation problem associated with this request. Commissioner Dressler asked
whether, as we redevelop Tamarac, we can anticipate other restaurants wanting similar
extended hours. Community Development Director Bramley explained University Drive
north of Tamarac is known as restaurant row; as restaurants in Tamarac become more
competitive we will need to match the hours of those other restaurants. Vice Mayor
Sultanof added we recently approved an upscale development north of the Orange Tree
Plaza, and in the past we have allowed St. Malachy to sell beer and wine throughout the
March 28, 2007
Page 5 of 7
time their carnival was open. Commissioner Portner confirmed additional licenses are
necessary to sell hard liquor. On roll call Commissioner Dressier voted "yes", Vice
Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Atkins -Grad
"yes". Motion carried.
RESOLUTION NO. R2007-33
ORDINANCES — FIRST READINGS
There were no ordinances scheduled for first reading.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
8. LOCAL HOUSING ASSISTANCE PLAN: (TR11144) Motion to approve resolution
approving the Local Housing Assistance Plan as required by the State Housing Initiatives
Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and Rule
Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor or in her
absence, the Vice Mayor to execute any necessary documents and certifications needed
by the state; authorizing the submission of the Local Housing Assistance Plan for review
and approval by the Florida Housing Finance Corporation. City Attorney Goren read
Temporary Resolution 11144, Revision #1, by title. Commissioner Portner seconded by
Commissioner Atkins -Grad moved approval. Vice Mayor Sultanof said there is a lot of
merit to this program. Community Development Director Bramley gave a presentation and
reviewed the proposed strategies and terms. Community Development Director Bramley
said if we see residents are not availing themselves of the strategies, we can amend the
plan. Community Development Director Bramley distributed an income limits schedule
that was discussed at Monday's workshop (a copy of which is attached and incorporated
as part of these minutes). Commissioner Portner said he learned in workshop session on
Monday that if someone owned a home but was then put in the position to rent a
residence for three years, after the three year period they would be considered a first time
home buyer and this information should be gotten out to the public. Commissioner Atkins -
Grad said she also was surprised to learn that divorced people could qualify for the first
time home buyer program. Vice Mayor Sultanof opened the public hearing and with no
one wishing to speak, closed the public hearing. On roll call Commissioner Dressler voted
"yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Atkins -
Grad "yes". Motion carried.
RESOLUTION NO. R2007-34
ORDINANCES — SECOND READINGS
There were no ordinances scheduled for second reading.
(QUASI-JUDICIAL HEARINGS
There were no quasi-judicial items scheduled for this meeting.
March 28, 2007
Page 6 of 7
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Vice
Mayor Sultanof adjourned the regular meeting of the City Commission at 10:15 am.
Marion Swenson, CMC
City Clerk
1
1
March 28, 2007
Page 7 of 7
Marc L. Sultanof
Vice Mayor
03/26/07 07:49 FAX 954 724 2547 CITY OF TAMAItAC 00J
§ 22-13-
TAMARAC CODE
arvire and water service to the consumer's prem-
ises for nonpav-ment of the sewer service charge.
The city shall not reestablish or reconnect sewer
service and water service or either of such ser-
vices until such time as all sewer service charges
and water service charges and all other expenses
or charges established or provided for by these
rules and regulations are paid. No partial pay-
ment of any hill rendered will be accepted by the
city except by written agreement with the city.
The city manager is authorized to determine from
Whom, if anyone, partial or time payments will he
accepted. Partial or time payments ruay be per-
mitted after the city manager or his authorized
representative is provided with evidence of intent
to make all outstanding payments is a form .and
within a time period satisfactory to the city man-
ager or his authorized representative.
(Code 1975, § 27-16)
Sec. 22-135. Termination or refiisal of ser-
vice by city.
a) The citi, may refuse to serve au applicant if.
au the hest judgment of the city, it does not have
adequate facilities or supplies to render the ser-
vice applied for, or if the service is of a character
that is likely to affect unfavorably service to other
consumers.
(b) As applicable, the city may refuse or dis-
corltinue Service or remove the meter under the
following conditions, and any other- spelled gut in
the regulations; however, unless otherwise stated,
the consumer shall be given notice and aIlowed a
reasonable time to comply with any rule or rem-
edy any deficiency:
(I) For noncompliance with or violation of
any state or municipal law or regulation
goveming utility service;
(2) For failure or refusal of the consumer to
correct any deficiencies or defects in his
Piping or equipment which are reported
to Mm by the city;
(3) la or the use of utility service; for any other
property or purpose other than ,that de-
scribed in the application;
(4) For failure or refusal to provide adequate
Space for the meter Or Servicef equipment
of the city;
(5) I+or failure or r(;1o9al tp provide the cite
wth a deposit W er surer payment of bills
in accordance with, the ;utility's regula-
tion;
(6) For neglect or refusal to iprov de reasm-
able access to the c4y fof the purpose of
rending meters or in�pectt"on and mainte-
na4ce of equipment paned by the city;
(7) Without notice in the event of a condition
known to the city to ;be hazardous;
(8) Without notice in the event of tampering
with regulators, valves, piping, meter or
other facilities furuished and owned by
the city;
(9) Without notice is the event of unautho.
rized or fraudulent u§e of service.
(c) When ever service is discontinued for fraud-
ulent use of such service, the city, before restoring
service, may require the consumer to make at his
own expetse= all changes in piping or equipment
necessary tc eliminate illegal use and to pay an
amount reasonably estimated as the deficiency in
revenue resulting from such fraudulent use.
(Code 1975, § 27-17)
Sec. 22-136. Termination of service at
consumer's request.
If service :'s terminated at they consumer's re-
quest and resumed at the same address to the
same consumer, firm or related consumer or firm
within a twelve-month period with no intervening
consumers, tILE service availability charge for the
period ofserv:ce termination will be collected as a
condition pre cadent to restoration by service -
(Code 1975, § 27-18)
Sec. 22-137. Reserved..
Editor's note Qrd. No. 96-15, § 4. adapted Sept. 25.
1996, repealed § 22.137, which pertained to east utility billing
notification aria darived tram Code 1975. § 27.36.2.
Secs. 22-138---22,155. Reserved,
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