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HomeMy WebLinkAbout2009-04-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY APRIL 22, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order on Wednesday, April 22, 2009 at 9:00 a.m. in Chambers, 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. Commissioner Glasser led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Beth Flansbaum-Talabisco of a proclamation commending Maureen Kohler for her dedication to the arts and congratulating ArtServe, Inc. for being selected as the 2009 winner of the Florida Arts Recognition Award. (Requested by Mayor Beth Flansbaum-Talabisco). Ms. Kohler accepted. b. Presentation by Mayor Beth Flansbaum-Talabisco of a proclamation proclaiming April 26 - May 2, 2009 as "National Crime Victims' Rights Week". (Requested by BSO Chief Marc Duguay). Lt. Wood and the Victims' Rights Unit accepted. c. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming May 3 through May 9, 2009 as "Municipal Clerks Week". (Requested by City Clerk Marion Swenson). City Clerk Swenson accepted. d. Presentation by Mayor Beth Flansbaum-Talabisco of a proclamation proclaiming the month of May 2009 as "Older Americans Month". (Requested by Parks & Recreation Director Greg Warner). Director of Parks and Recreation Warner and Shirley Snipes, Aging and Disability Resource Center accepted. Mayor Flansbaum-Talabisco, on behalf of the Transplant Organization, read a proclamation into the record proclaiming April 2009 as Organ Donor Month. e. Presentation by Mayor Flansbaum-Talabisco of employee service awards: 5-Year Awards: Daniel Acosta, Firefighter/Paramedic, Fire Rescue, Eduardo Alves, Firefighter/Paramedic, Fire Rescue, Neisy Billinger, Firefighter/Paramedic, Fire Rescue, Derek Cerny, Lt./Paramedic, Fire Rescue, Alexandra Choras, Firefighter/Paramedic, Fire Rescue, William Duesier, Firefighter/Paramedic, Fire Rescue, Maria Garnica, Firefighter/Paramedic, Fire Rescue, Chi Lui, Regular City Commission Meeting Wednesday, April 22, 2009 Page 1 of 11 Firefighter/Paramedic, Fire Rescue, Ryan Lynch, Firefighter/Paramedic, Fire Rescue, Freddy Matos, Firefighter/Paramedic, Fire Rescue, Chad Musselwhite, Firefighter/Paramedic, Fire Rescue, Joan Rey, Firefighter/Paramedic, Fire Rescue, Alan Lam, Project Engineer, Public Works, and Krste Klimoski, Fleet Mechanic, PublicWorks. 15-Year Award: Ken McIntyre, Building Operations Manager, Building City Manager Miller said while interviewing someone from the mid -west for a management position, the person stated that Tamarac has a reputation for investment in human capital. City Manager Miller thanked those who earned service awards today, a well as those witnessing the presentation of the awards, for everything they do each and every day. REPORTS 2. City Commission: Commissioner Bushnell reported she attended a ceremony at PurClean, and said it is a tribute to Tamarac that this company chose our city for their place of business. Last week marked the beginning of Tamarac University and Commissioner Bushnell said she met the new class; it is a rewarding experience to participate in Tamarac University. On Saturday, Commissioner Bushnell represented Tamarac at the Relay for Life event, and she feels Tephford Park is a great venue for the event. Vice Mayor Atkins -Grad reported that she was at Tephford Park for the Relay for Life event, and added she is honorary Chair of the event. Approximately $30,000 was raised, and Tephford Park is a marvelous venue for the event. Additionally, Vice Mayor Atkins -Grad was involved in another fund raiser for cancer research 'Bail and Jail'. Commissioner Glasser reported she has been working in the community resolving many problems for residents. Thursday evening will be her first time sitting on the University Hospital Board, and Commissioner Glasser spoke of the Area Agency on Aging. Commissioner Glasser expressed her disappointment in missing the Relay for Life event, as she was out of town. Commissioner Dressler had no report. Mayor Flansbaum-Talabisco said she was out of town last week, assisting a friend in Mississippi who was involved in an accident. Mayor Flansbaum-Talabisco spoke of the importance of carrying identification and contact numbers on one's person at all times. Mayor Flansbaum-Talabisco said while she was in the area, she drove to Memphis, TN and was amazed at the redevelopment going on; it is a city of tremendous wealth and tremendous poverty. Some old projects have been razed and replaced with small single-family homes, and they are in the process of developing new communities. When it comes time for Tamarac to look at redevelopment, she hopes we reach out to other areas of the country to tap into the vast amount of talent available. Mayor Flansbaum-Talabisco referenced an article in the Sunday Times regarding 'suppressing Regular City Commission Meeting Wednesday, April 22, 2009 Page 2 of 11 the vote in Florida' (a copy of which is attached hereto and incorporated herein as part of these minutes.) 3. City Attorne : City Attorney Goren spoke of SB956 and its companion bills, with regard to changes in the election code, and said he would monitor the Bill and report back to the Mayor and City Commission. Commissioner Dressler said it upsets him to think our sources of news have become partisan. City Attorney Goren updated the Mayor and City Commission on the University Drive matter and explained it is not cost effective to challenge the decision. Commissioner Dressler spoke of big government and big money interests in politics. City Attorney Goren said with regard to the DCA's issue, at some time down the road, when traffic is choked and congested and unable to be fixed, the record will reflect Tamarac's objection to the decision and our position on the matter. City Attorney Goren reported there was a misunderstanding at the FLC with regard to whether Broward cities objected to SB360, (growth management). Tamarac, Coral Springs, Coconut Creek and the Planning Council did take a stand. City Attorney Goren said his firm sent a letter to Mr. Sittig and Ms. Calhoun yesterday, stating Tamarac's objections to the Bills and clarified our standing. The Fire Rescue Bill is moving through the state legislature. It is not clear how this will be applied, and it could be a double taxation issue. Mayor Flansbaum-Talabisco questioned what would happen if it passes and City Attorney Goren explained the legislature's objective is to get it on the ballot for November 2010; a County ordinance must then embrace the Bill and then interlocal agreements between the cities must be executed. There was discussion with regard to whether a city must join the Interlocal Agreement. City Manager Miller explained the voters would have to approve it should the County Commission put it on the ballot. If approved, a 10 sales tax would go to the main provider, which presumably would be Broward County; we would then be required to reduce property taxes in the equivalent amount of the sales tax collected. It is unclear whose responsibility it would be to fund pensions for the firefighters. City Attorney Goren explained the Bill's objective is to centralize services. City Manager Miller added a key ingredient is for the legislature to further reduce property taxes. However, sales tax goes up and down according to the economy, and it is not right to fund fire services with a sales tax. City Attorney Goren said the surtax Bill is dangerous and serious; it is a poor substitute for management decisions regarding equipment. 4. Cltv Manager: City Manager Miller congratulated Commissioner Glasser on her appointment to the University Hospital Board, and added this is a significant appointment. The City Clerk's office reports they have been notified by the Broward County Supervisor of Elections that HB775 regarding the election for Prospect Park annexation will be held on November 3 and it is a mail ballot. We need to get the word out to those affected in the annexation area. Parks and Recreation reports the pool at the Caporella Aquatic Center reopened on April 18t", after repairs were made to the drains. Customer Services moved to the Tamarac Community Center and the hours Regular City Commission Meeting Wednesday, April 22, 2009 Page 3 of 11 have been expanded as follows: M-F 8:00 a.m. — 8:00 p.m.; Saturdays 8:30 a.m. — 8:00 p.m.; and Sundays 7:30 a.m. — 4:00 p.m. It is our one stop location for utility bills, to open and close utility accounts, register for Parks and Recreation activities, and for general information regarding the City. There were 400 participants at the Spring Fest and the egg hunt was the highlight of the event. Twenty-six campers had an overnight at Tamarac Park as part of the Spring Break Camp. There were 275 participants at the Relay for Life event. As part of the Earth Day Celebration we will open the Community Garden today next to the Caporella Aquatic Center. The Veterans Assembly has been moved from April 29 to November 11, to be held in concert with Veterans Day. Mayor Flansbaum-Talabisco said the hours of the new Customer Services Division at the Tamarac Community Center are worthy of a blast e-mail, and asked Public and Economic Affairs Officer Berns to get the information to her and the commissioners. Additionally, the Mayor and City Commission should include this information when they are out speaking to various groups. PUBLIC PARTICIPATION 5. PUBLIC PARTICIPATION: Joel Davidson, 4608 Norfolk Island Pine Drive, Tamarac, spoke of the importance of having identification on one at all times, and spoke of the I.C.E. program and information to include in one's cell phone. Mayor Flansbaum- Talabisco added if a cell phone gets damaged or is not available, it is important to have the information in one's wallet, also. Commissioner Bushnell spoke of an on-line registry, and Fire Chief Budzinski said there are a number of programs available and he would get the information to the Mayor and City Commission. CONSENT AGENDA 6. Commissioner Glasser asked to pull item 6(d) from the consent agenda for further discussion. Vice Mayor Atkins -Grad seconded by Commissioner Dressler moved approval of all items on the consent agenda with the exception of Item 6(d) which was pulled for discussion. 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. a. APPROVAL OF THE MINUTES OF THE APRIL 7 2009 COMMISSION MEETING Approval of the Minutes of the April 7, 2009 Commission Meeting APPROVED b. TR11591 WAIVER OF BUILDING DEPARTMENT'S PERMIT FEES FOR INSTALLATION OF WATER CONSERVATION DEVICES A Resolution of the City Commission of the City Of Tamarac, Florida authorizing a waiver of Building Department's Permit Fees for the installation of water conservation retrofit devices, fixtures, and appurtenances as a part of any South Florida Water Management District's Water Savings Incentive Program; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009 - 47 Regular City Commission Meeting Wednesday, April 22, 2009 Page 4 of 11 c. TR11596 UTILITY ID THEFT PREVENTION PROGRAM A Resolution of the City Commission of the City of Tamarac Florida, adopting the Identity Theft Prevention Program for the City of Tamarac Water and Sewer Utility; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009 - 48 d.TR11597 BSO CARPET REPLACEMENT A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to purchase and install new carpet at the BSO Building at 7515 NW 88th Avenue in an amount not to exceed $22,137.83.00 from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. PULLED FOR DISCUSSION e. TR11604 CHARTER BOARD APPOINTMENTS A Resolution of the City Commission of the City of Tamarac, Florida, appointing five members to the Charter Board, four members appointed by the Commissioner from each district and one member appointed at -large, to serve for one year, with new appointments to be made in six years; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION NO. R2009 - 49 d. TR11597 BSO CARPET REPLACEMENT A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to purchase and install new carpet at the BSO Building at 7515 NW 88th Avenue in an amount not to exceed $22,137.83.00 from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval. City Attorney Goren read Temporary Resolution 11597 by title. Public Works Director Strain gave a presentation. Commissioner Glasser said $22,000 seems like a lot of money, and questioned the City's obligation to maintain these types of things. Public Works Director Strain responded it is in our contract to maintain the carpeting, as the building belongs to the City. Commissioners Dressler, Bushnell and Glasser said they need more specific information with regard to this matter. Vice Mayor Atkins -Grad said there have been leaks in the roof, which most likely have caused mold in the carpeting, and she is concerned for the health and safety of the officers working in the building. Mayor Flansbaum-Talabisco suggested the Commissioners take a look at the carpeting. Cleaning the carpet again would be throwing good money after bad. She also welcomes the opportunity to see the numbers; however, if there were to be a vote on the item today, she would feel comfortable about it. Commissioner Dressler seconded by Commissioner Glasser moved to table Temporary Resolution 11597 to the May 13 City Commission meeting at or after 7:00 p.m. On roll call Commissioner Glasser voted "yes", Commissioner Dressler "yes", Commissioner Bushnell "yes", Vice Mayor Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. TABLED TO THE MAY 13, 2009 REGULAR CITY COMMISSION MEETING AT OR AFTER 7:00 P.M. END OF CONSENT AGENDA Regular City Commission Meeting Wednesday, April 22, 2009 Page 5 of 11 REGULAR AGENDA 7. ITEM 7 IS A PUBLIC HEARING-TR11594 SECOND AMENDMENT CDBG FY 2008-2009 ACTION PLAN: A Resolution of the City Commission of the City of Tamarac, Florida approving an amendment to the projects recommended for inclusion in the fiscal year 2008 Annual Action Plan for expenditure of the U.S Department of Housing and Urban Development Community Development Block Grant funds estimated to be $418,811 for the ninth program year (Case No 08-MI-09)' providing for conflicts; providing for severability; and providing for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval. City Attorney Goren read Temporary Resolution 11594 by title. Community Development Director Bramley gave a presentation. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. 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. RESOLUTION NO. R2009 - 50 8. ITEM 8 IS A PUBLIC HEARING - TR11601 JUSTICE ASSISTANCE GRANT: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City officials to file an application through the Broward Sherriff's Office accepting 2009 grant funding in the amount of $83,986 from the U.S. Department of Justice through the Justice Assistance Grant (JAG) Program with no match required by the City to enhance crime prevention and law enforcement programs; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Atkins -Grad seconded by Commissioner Bushnell moved approval. City Attorney Goren read Temporary Resolution 11601, Revised April 21, 2009, by title. Assistant City Manager Phillips gave a presentation. Mayor Flansbaum-Talabisco questioned what would happen if the Skate Board Park did not get built within the time frame for the grant. Assistant City Manager Phillips said if we determine we can not build the Skate Park within the three year period we can allocate the funds to another acceptable use. Mayor Flansbaum-Talabisco asked if there are cameras in our other parks and Assistant City Manager Phillips said there are not; however the grant provides for mobile cameras should they be needed at other parks. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, 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 - 51 ORDINANCES — FIRST READINGS 9. TO2174 SPECIAL EXCEPTIONS/PERMITTED USES: Motion to adopt Ordinance on first reading amending Chapter 24, Section 24-1 "Definitions", Article IV, "Exceptions And Modifications" and Section 24-434 "Permitted Uses Master List" for Churches and Places of Worship providing for consistency with the Florida Statutes; providing for codification; providing for conflicts; providing for severability; and proving Regular City Commission Meeting Wednesday, April 22, 2009 Page 6 of 11 for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved to table Temporary Ordinance 2174 to the May 13, 2009 City Commission meeting, at or after 7:00 p.m. On roll call Vice Mayor Atkins -Grad voted "yes", Commissioner Dressler "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. TABLED TO THE MAY 13, 2009 REGULAR CITY COMMISSION MEETING AT OR AFTER 7:00 P.M. 10. T02175 COMPREHENSIVE PLAN AMENDMENT/CONSERVATION ELEMENT: Motion to adopt Ordinance on _first reading adopting an amendment to the Conservation Element of the City of Tamarac Comprehensive Plan concerning a text amendment to further incorporate policies pertaining to preservation of open space (Case No. 9-MI-09); providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Atkins -Grad seconded by Commissioner Dressler moved adoption. City Attorney Goren read Temporary Ordinance 2175 on first reading by title. Community Development Director Bramley gave a presentation. Mayor Flansbaum- Talabisco asked for an example of the changes and Community Development Director Bramley said with regard to Conservation Element Goal 1, staff recommends language be added to restore and enhance existing areas. Commissioner Dressler asked if the issue of conservation is separate from the open space issue and Community Development Director Bramley said it is the same. Commissioner Dressler asked if the recommended changes protect maintenance of open space more so than currently and Community Development Director Bramley said there is another policy under the conservation element that addresses maintenance of open spaces. Commissioner Dressler expressed concern with regard to legislation in Tallahassee that allows developers to provide less open space. Vice Mayor Atkins -Grad said since today is Earth Day it is a propos that this ordinance come before the Mayor and City Commission. City Attorney Goren spoke of a Tamarac Resolution in opposition to SB360, adopted by the Mayor and City Commission in March 2009, which references natural resources, creating unfunded mandates and exacerbating urban sprawl. On roll call Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING APRIL 22, 2009 PUBLIC HEARINGS 9:00 AM OR THEREAFTER ORDINANCE— SECOND READINGS 11. T02173 DANGEROUS DOG ORDINANCE: Motion to adopt Ordinance on second reading amending Chapter 4 of the City's Code of Ordinances, entitled "Animals", by specifically amending Section 4.3, entitled "Animal Bites; Reporting; Quarantine of Animal"; providing regulations for dangerous dogs; providing for the reporting of dangerous dog bite incidents; providing for registration, insurance and quarantine requirements for dangerous dogs; providing for enforcement; providing for Regular City Commission Meeting Wednesday, April 22, 2009 Page 7 of 11 consistency with the Florida Statutes; providing for codification; providing for conflicts; providing for severability; and proving for an effective date. Vice Mayor Atkins -Grad seconded by Commissioner Bushnell moved adoption. City Attorney Goren read Temporary Ordinance 2173 on second reading by title. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Glasser voted "yes", Vice Mayor Atkins -Grad "yes", Commissioner Bushnell "yes", Commissioner Dressler "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. ADOPTED ON FIRST READING APRIL 7, 2009 ADOPTED ON SECOND READING APRIL 22, 2009 ORDINANCE NO. 0-2009-03 QUASI-JUDICIAL HEARING(S) 12. TO2177 SMALL SCALE LUPA/CHEVRON SITE: Motion to adopt Ordinance on first reading adopting an amendment to the City of Tamarac Comprehensive Land Use Plan in accordance with Chapter 163, and specifically Section 163.3184 Florida Statutes, concerning a Small -Scale Land Use Plan Amendment proposal by the City of Tamarac to change the designation of the subject use of land described as Lot 15, Block 8, Lyons Road Subdivision as recorded in Plat Book 69, Page 42 B.C.R. located east of Pine Island Road, north of Commercial Boulevard from Commercial to Recreation and open space to accommodate the future development of a park (Case No. 1-LUA-09); providing for amendment to the Land Use Plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved adoption. City Attorney Goren read Temporary ordinance 2177 on first reading by title. Community Development Director Bramley gave a presentation. Commissioner Glasser asked if the ingress/egress to Commercial Boulevard is right turn only and Community Development Director Bramley explained the site has not been planned yet. Vice Mayor Atkins -Grad questioned parking on the site and Community Development Director Bramley said there will most likely not be parking on the site. City Attorney Goren explained this is a quasi-judicial item and the City is the petitioner and has waived its quasi-judicial rights. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING APRIL 22, 2009 13. TR11602 SPECIAL EXCEPTION - GREEN APPLES ACADEMY: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception to allow the operation of a child daycare/preschool facility for the property located at 8747 N.W. 57th Street (Tracts 1 and 2 of "Woodland Villas" according to the Plat thereof as recorded in Plat Book 73, Page 34 of the public records of Broward County, Florida) (Case No. 7-Z-09); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval. City Attorney Goren read Temporary Regular City Commission Meeting Wednesday, April 22, 2009 Page 8 of 11 Resolution 11602 by title. Georgina Wilmore waived her quasi-judicial rights. Planning and Zoning Manager Zickar gave a presentation. Vice Mayor Atkins -Grad said this is the first facility she has heard of that will be open 24 hours to accommodate parents' work schedules and she is happy they are offering organic food. Vice Mayor Atkins - Grad questioned the ages of the children and asked if they would be afforded language lessons. Ms. Wilmore said ages range from 1-5 and those offered language lessons would be the after school children ages 5 — 12. Commissioner Bushnell questioned the size of the playground and Ms. Wilmore replied at 600 sq. ft. it exceeds the space specified by statute. Commissioner Glasser questioned the number of children that would be present at any one time and Ms. Wilmore replied 15. Mayor Flansbaum- Talabisco asked Ms. Wilmore if she had any other schools and Ms. Wilmore responded this is her first school. She has worked in the industry for five years and is studying to become a pediatric nurse. Mayor Flansbaum-Talabisco questioned the fact that the space is not geared to be a school, and Planning and Zoning Manager Zickar said the petitioner is currently going through the process of approvals. Mayor Flansbaum- Talabisco questioned the glass windows and spoke of safety during hurricane season. Building Director Grande explained the glass does not have to be upgraded as long as it is an existing facility and there are no major renovations being done. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call, Vice Mayor Atkins -Grad voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009-52 Mayor Flansbaum-Talabisco called for a recess at 11:25 a.m. and reconvened the meeting at 11:35 a.m. with all present as before. 14. TR11603 REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN - ACA-SKATEBOARD PARK: A Resolution of the City Commission of the City of Tamarac, Florida, issuing Revised Development Order No. 322.2 and granting New Development Site Plan approval for the Aquatic Center Annex - Skateboard Park project to allow for the construction of a 1.71 acre skateboard park facility with associated parking, landscaping, and infrastructure improvements as an addition to the City's park system, for the property located on the northeast corner of NW 94th Avenue and NW 58th Street (Case No. 28-SP-08); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Atkins -Grad seconded by Commissioner Glasser moved approval. City Attorney Goren read Temporary Resolution 11603 by title and said the City is the applicant and waives its quasi-judicial rights. Community Development Director Bramley gave a presentation. Commissioner Dressler questioned liability on the part of the City and City Attorney Goren spoke of indemnification. Vice Mayor Atkins -Grad said she is anxious to get moving with the construction; the children she comes in contact with are very excited about the park. Mayor Flansbaum-Talabisco questioned the elements of the park and whether it would be a covered facility. Director of Parks and Recreation Warner said the elements have not been decided yet and the park would be an uncovered facility. Mayor Flansbaum-Talabisco questioned the ages of the children Regular City Commission Meeting Wednesday, April 22, 2009 Page 9 of 11 that would use the park and Director of Parks and Recreation Warner said it is recommended children under 12 years of age have an adult accompany them. Traditionally, skate boarders can be as young as five years old. Mayor Flansbaum- Talabisco asked if capital improvements and special projects will be discussed with the Mayor and City Commission and City Manager Miller said they would be discussed at the budget workshops in preparation for next year, and we will look at funding for projects that do not have grants associated with them. Commissioner Glasser questioned access to the park after hours, and asked for more details as the project moved forward. Director of Parks and Recreation Warner said it will be fenced, gated and locked, and the security system will allow for surveillance from a deputy's vehicle, as well as network access from computers. Commissioner Bushnell questioned charges and monitoring who comes in to the park. Director of Parks and Recreation Warner spoke of the access way and said there would be no charge to use the facility. Staff at the aquatic center will be responsible to monitor the facility. Mayor Flansbaum- Talabisco confirmed what the Mayor and City Commission are voting on today is the revised development order and new development site plan. City Manager Miller added the City will try to use this as part of the application with the state and parks groups. Once we start putting it all together we will come back to the Mayor and City Commission with more details. Mayor Flansbaum-Talabisco opened the public hearing. Ricky Hernando, Interim Principal of Millennium Middle School questioned safety and security with regard to children coming on to the school campus to skate when the skateboard park is closed. Director of Parks and Recreation Warner suggested setting a time to discuss this with Interim Principal Hernando and Dr. Cendon so a compatible solution can be reached. With no one else wishing to speak, Mayor Flansbaum- Talabisco closed the public hearing. On roll call Commissioner Bushnell voted "yes", Commissioner Dressler "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009 — 53 END OFQUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved the addition of TR11608 to the agenda as Item 15. On roll call Commissioner Bushnell voted "yes", Vice Mayor Atkins -Grad "yes", Commissioner Glasser "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. 15. APPROVING AND ACCEPTING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BRWOARD COUNTY AND THE CITY OF TAMARAC FOR SERVICE AREA 33: (TR11608) A resolution of the City commission of the City of Tamarac, Florida, approving and accepting the First Amendment to the Interlocal Agreement between Broward County and the City of Tamarac for Service Area 33 — Citywide Single -unit and Multi -unit Housing Rehabilitation and Temporary Relocation in the amount of $723,804.00 as part of the 2005 Community Development Block Grant disaster Recovery Initiative from the Florida Department of community Affairs, attached hereto as Exhibit "A"; authorizing the appropriate city officials to take Regular City Commission Meeting Wednesday, April 22, 2009 Page 10 of 11 any and all steps necessary to execute the First Amendment and effectuate the present and future intent of this Resolution; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins - Grad moved approval. City Attorney Goren read TR11608 by title, and gave a presentation. 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. RESOLUTION NO. R2009 - 54 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 12:00 p.m. OMarion Swenson, CMC City Clerk Beth Flansbaum-Talabisco Mayor Regular City Commission Meeting Wednesday, April 22, 2009 Page 11 of 11 THE NEW YORKTIMES Sunday ®pinion SUNDAY, APRIL 19, 2009 Suppressing the Vote in Florida Since 2000, Florida has been synonymous with bad- ly run and undemocratic elections. This distinction has not come to it by chance. Many of the state's election offi- cials and legislators work hard to keep eligible voters from casting ballots. The. Florida Legislature is at it again, threatening to pass new rules that would make it harder for eligible voters; especially those from minor- ities and those who are poor, to register and vote. Republican state, legislators, who are behind the lat- est bills, want to make it illegal for anyone to get within 100 feet of a line of voters. That provision would criminal- ize election protection programs, in which, nonpartisan volunteers make themselves available outside of polling places on Election Day to ensure that eligible voters know their legal rights and are able to cast ballots. The legislation would also impose. one and un- necessary rules on voter registration drives, including a requirement that registration forms must be turned in within 48 'hours. Grass -roots voter: registration drives play an important role in getting poor and minority vot- --rs registered. If this legislation passes, however, many groups may stop registering voters rather than risk jail sentences or fines. The elderly, a sizable voting bloc in Florida, would also be hard hit. They would no longerbe able to� use photo IDs issued by retirement centers or neighborhood associations atthe palls. That would be a serious hard- ship for the many elderly people who do not have driv- er's licenses. Another provision would require election officials to purge voting rolls more frequently, a sore point in Flor- ida, where an improper purge of the rolls before the `2000 election removed many eligible voters, Republican leaders seem to be trying to push .the legislation through quickly, with a minimum of public at- tention or comment. if they succeed, the American Civil Liberties Union of Florida is already threatening to chal- lenge parts of it in court. It is doubtful that significant Parts of it, like the prohibition on giving legal advice to voters in line, could survive a constitutional challenge. Florida legislators .should not need a court to tell them not to interfere with the right to vote.