HomeMy WebLinkAbout2009-05-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL - COMMISSION CHAMBERS
WEDNESDAY MAY 27, 2009
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 9:00 a.m. on Wednesday, May 27, 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: Deputy City Manager/Interim Financial Services Director Michael C.
Cernech, Assistant City Attorney Julie Klahr, and City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Flansbaum-Talabisco led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming May
2009 as Elder Law Month in the City of Tamarac. (Requested by Alice Reiter Feld,
Attorney at Law.) Mayor Flansbaum-Talabisco read the proclamation into the record.
b. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming May
24-30, 2009 as "Hurricane Preparedness Week". (Requested by Fire Chief Jim
Budzinski.) Mayor Flansbaum-Talabisco read the proclamation into the record and Fire
Chief Budzinski accepted.
C. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming the
Month of June 2009 as "National Safety Month". (Requested by the Tamarac Employee
Safety Committee.) Mayor Flansbaum-Talabisco read the proclamation into the record
and Juan Ruiz, Public Works Streets Crew Leader and Duane Pierce, Fire Rescue
Lieutenant accepted.
REPORTS
2. City Commission: Commissioner Bushnell reported on events she attended over
the past two weeks: ground breaking at Temple Beth Torah, Broward League of Cities
Installation Dinner, wherein Mayor Flansbaum-Talabisco was installed as Secretary to
the BLC, the 2"d Birthday Party for the Pediatric Urgent Care Center, the Health Fair
and Hurricane Expo, Buddha's Birthday Party, Challenger Elementary School Baseball
game, SFWM Academy, the Memorial Day Services At Veterans Park, and various
community meetings.
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Regular Meeting
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Vice Mayor Atkins -Grad spoke of the rich variety of activities available to Tamarac
residents, and said she attended the awards assembly and picnic at Challenger
Elementary School, as well as the ribbon cutting ceremony and ground breaking, and
the celebration of the Birth of Buddha. Tamarac is sparking new life in the religious and
business communities. The Memorial Day Service was excellent with approximately
400 people in attendance.
Commissioner Glasser said she attended the same meetings as Commissioner
Bushnell and Vice Mayor Atkins -Grad, and she also attended a meeting held in District
4, hosted by Commissioner Dressler. The neighborhood meeting was very well
attended and well put together. The week culminated with discussion at yesterday's
workshop meeting about extending the City's transportation system for those in
Tamarac who do not drive. This is something Commissioner Glasser has been working
on for months, and she Glasser thanked her colleagues and staff for the open
discussion and their support.
Mayor Flansbaum-Talabisco said a healthy debate was held yesterday and she looks
forward to staffs presentation. There will be more healthy debate on the subject and
the Mayor and City Commission will ultimately do what is best for the community.
Commissioner Dressler thanked Commissioner Glasser for her comments regarding the
neighborhood meeting, and thanked staff for putting the meeting together.
Commissioner Dressler said he also attended the same events as the rest of the
Commissioners. The Investment Advisory Committee is finishing work on revisions to
the City's Investment Policy, and this will be presented to the Mayor and City
Commission at a subsequent workshop.
Mayor Flansbaum-Talabisco said it has been a very busy May, and it is rewarding that
all the events were covered by members of the Mayor and City Commission. Mayor
Flansbaum-Talabisco reported her husband, Jack, was honored at the Woodlands
Country Club by the Transplant Organization, and this event also brought business into
Tamarac and they raised $60,000. Mayor Flansbaum-Talabisco said she was sworn in
as Secretary for the BLC, and is now in line for succession as president, which is good
for Tamarac. Mayor Flansbaum-Talabisco thanked everyone for their support.
Approximately 1,200 were in attendance at the Buddha's Birthday celebration, and the
event sold out all the food and crafts on hand. This event brought money into the
temple and they, in turn, will share their earnings with the community. There were
about 300 people in attendance at the Beth Torah ground breaking, and everyone is
interested in the success of the Temple and the 57t" Street corridor which is being
developed. These are all circumstances that lead the City forward. Commissioner
Dressier's District-4 meeting was well attended, and Mayor Flansbaum-Talabisco
extended thanks and congratulations to Deputy City Manager/Interim Financial Services
Director Cernech and the financial team for their presentation and overview of the
budget. Hurricane season begins June 1st, and it is up to the Mayor and City
Commission as they go out and speak in the community to ratchet up hurricane
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Regular Meeting
Wednesday, May 27, 2009
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preparedness. Mayor Flansbaum-Talabisco said it is her fear that people are lulled into
a false sense of security due to the past two quiet hurricane seasons.
3. City Attorney: Assistant City Attorney Klahr reported in response to the request
from the Mayor and City Commission at yesterday's workshop meeting, she has
contacted the BLC and asked to have placed on the next agenda the Agreement for
Transportation Services. BLC President Resnick said there are similar issues in Wilton
Manors, and Rhonda Calhoun, BLC Director said this matter has been taken up before;
the Transportation Committee adopted a Resolution in 2007, and Assistant City
Attorney Klahr was provided a copy of the Resolution. However, the Resolution was not
reaffirmed in 2008 and 2009, and Director Calhoun recommended placing this on an
upcoming work plan for the committee, and she hoped someone from Tamarac would
volunteer to serve as Chair for the committee.
4. City Manager: Deputy City Manager/Interim Financial Services Director Cernech
said BSO reports the Operation Medicine Cabinet will be held on May 30 from 9:00 a.m.
— 3:00 p.m. at the Tamarac Community Center. Mayor Flansbaum-Talabisco asked if
this included animal medications and BSO Chief Duguay said they are accepted at the
event. The Fire Department reports Sgt. Michael Wilton, Air Force Reserves, has
returned home from his second tour of duty — we all welcome him back. Training has
begun for CERT and the Fire Rescue Cadets. Public Education Specialist Van Schoen
was awarded the 2009 Ed Murray Public Educator of the Year for Broward County
Award. The ALS Competition Team came in third in the Broward Invitational ALS
Competition and tied for Second at the Stephanie Brown ALS Competition at the
University of Miami. Parks and Recreation reports the 2009 Health Fair and Hurricane
Expo held on May 16th at the Tamarac Community Center was very successful. Over
300 attended the Memorial Day Ceremony at Veterans Park. There will be a 3 on 3
Basketball Tournament on May 27 from 6:00 p.m. — 8:30 p.m. at the Multi Purpose
Center Gym, and there will be Fathers Day Fishing at Caporella Park on Saturday, June
20th from 9:00 a.m. — noon. The event is open for children 5 — 17 for a day on the lake
with Dad. The cost is $10.00 per family and includes lunch and a gift for all dads.
Mayor Flansbaum-Talabisco said the Memorial Day event included members of the
Veterans Assembly and thanked former Vice Mayor Sultanof for leading that group with
distinction.
PUBLIC PARTICIPATION
5. There was no public participation.
CONSENT AGENDA
6. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved the
approval of all items on the consent agenda. On roll call Commissioner Dressler voted
"yes", Vice Mayor Atkins -Grad "yes", Commissioner Bushnell "yes", Commissioner
Glasser "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
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Regular Meeting
Wednesday, May 27, 2009
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a. APPROVAL OF THE MINUTES OF THE MAY 13 2009 COMMISSION
MEETING : Approval of the Minutes of the May 13, 2009 Commission Meeting.
APPROVED
b. TR11595 SPYGLASS STORMWATER EASEMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
execute a stormwater easement with Spyglass Condominium Association, for the
Stormwater Boat Ramp Project, authorizing and directing the City Clerk to record said
agreement in the public records of Broward County; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION NO. R2009-62
C. TR11607 THIRD AMENDMENT TO AGREEMENT FOR PUBLIC
TRANSPORTATION SERVICES: A Resolution of the City Commission of the City of
Tamarac, Florida authorizing the appropriate City Officials to execute the Third
Amendment to the Agreement between the City of Tamarac and Broward County for
Public Transportation Services, providing for conflicts; providing for severability; and
providing for an effective date. Tabled at the 05/13/09 Meeting to 05/27/09 Meeting at
or after 9:00 a.m.
RESOLUTION NO. R2009-63
d. TR11609 CDBG OVERAGES RESOLUTION: A Resolution of the City
Commission of the City of Tamarac, Florida, acknowledging that two participants in the
City's Community Development Block Grant ("CDBG") program received more than the
maximum allocation of funding; ensuring that the City staff has taken the necessary
administrative action to avoid a recurrence of this error; providing for conflict; providing
for severability; and providing for an effective date.
RESOLUTION NO. R2009-64
e. TR11611 TEMPLE BETH TORAH FEE REFUND: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing a refund of $2,000.00
submitted by Manuel Synalovski of Cubellis, inc. Designated Agent for the property
owner, Tamarac Jewish Center Inc., for a Special Exception application fee, collected
for the Temple Beth Torah project (Case No. 11-MI-09); providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION NO. R2009-65
f. TR11612 - AMENDMENT TO INTERLOCAL AGREEMENT — LOCAL OPTION
GAS TAX ORDINANCE: A Resolution of the City Commission of the City of Tamarac,
Florida authorizing the appropriate city officials to execute the 2009 Amendment to
Interlocal Agreement between Broward County and City of Tamarac providing for
division and distribution of the proceeds of the Local Option Gas Tax imposed by the
Broward County Local Option Gas Tax Ordinance; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION NO. R2009-66
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Regular Meeting
Wednesday, May 27, 2009
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g. TR11613 - AMENDMENT TO INTERLOCAL AGREEMENT — ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE:
A Resolution of the City Commission of the City of Tamarac, Florida authorizing the
appropriate City Officials to execute the 2009 Amendment to Interlocal Agreement
between Broward County and City of Tamarac providing for division and distribution of
the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel
Ordinance; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION NO. R2009-67
h. TR11614 - AMENDMENT TO INTERLOCAL AGREEMENT — FIFTH CENT
ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT: A
Resolution of the City Commission of the City of Tamarac, Florida authorizing the
appropriate City Officials to execute the 2009 Amendment to Interlocal Agreement
between Broward County and City of Tamarac providing for division and distribution of
the proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on
Motor Fuel for Transit; providing for conflicts; providing for severability; and providing for
an effective date.
RESOLUTION NO. R2009-68
i. TR11622 CONFIRMING THE APPOINTMENT OF RON HOLT AS FIFTH
TRUSTEE TO POLICE PENSION BOARD: A Resolution of the City Commission of the
City of Tamarac, Florida, confirming the appointment of Ron Holt as a trustee of the
Police Pension Board to serve a two-year term ending May 27, 2011 or until new
appointments are made; providing for conflicts; providing for severability; and providing
an effective date.
RESOLUTION NO. R2009-69
j. TR11623 ROOF TARPS RENEWAL: A Resolution of the City Commission of
the City of Tamarac, Florida, authorizing the appropriate City Officials to exercise
the Second Renewal Option for Bid Number 07-26B for roof tarps to the Sherwin-
Williams Company for economy roof tarps and to Harpster of Philipsburg, Inc. for heavy
grade roof tarps to provide for the purchase of annual requirements for roof tarps for the
City of Tamarac and on behalf of the Southeast Florida Governmental Purchasing
Cooperative for a period of one year, with the option to exercise up to one (1) additional
one (1) year renewal, providing for conflicts; providing for severability; and providing for
an effective date.
RESOLUTION NO. R2009-70
k. TR11624 - BID 09-08B - 2009 FIREWORKS DISPLAY: A Resolution of the City
Commission of the City of Tamarac, Florida, awarding Bid #09-08B, "Aerial Fireworks
Display", and executing an Agreement with Pyro Engineering, Inc., d/b/a Bay Fireworks,
for an amount not to exceed $18,000, for the 2009 Fourth of July Fireworks; providing
for conflicts; providing for severability; and providing for an effective date.
RESOLUTION NO. R2009-71
A Resolution of the City Commission of the City of Tamarac, Florida, approving Second
Substantial Amendment to the City of Tamarac's Fiscal Year 2008 Annual Action Plan
for expenditure of the U.S. Department of Housing and Urban Development Community
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Regular Meeting
Wednesday, May 27, 2009
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Development Block Grant Funds; to provide for the allocation of additional funds
received pursuant to the American Recovery and Reinvestment Act of 2009 estimated
to be $113,751.00 for the ninth program year (Case No. 14-MI-09); providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION NO. R2009-72
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE(S) — FIRST FIRST READING
There were no ordinances for first reading.
PUBLIC HEARINGS 9:00 AM OR THEREAFTER
PUBLIC HEARING(S)
ORDINANCE— SECOND READING
7. TO 2174 CODE AMENDMENT CHAPTER 24: Motion to adopt Ordinance
on second reading of the City of Tamarac, Florida, 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 providing for an effective date. (Tabled at the 04/22/09 meeting to
05/13/09 at or after 7:00 p.m.) Commissioner Dressler seconded by Vice Mayor Atkins -
Grad moved adoption. Assistant City Attorney Klahr read Temporary Ordinance 2174
on second reading by title. Community Development Director Bramley gave a
presentation. Commissioner Dressler confirmed the code amendment extends to the B-
1 zoning the same criteria of zoning as in B-2 and B-3, and during a previous code
revision this classification was inadvertently dropped. Community Development
Director Bramley confirmed. 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 Glasser "yes", Commissioner Dressler "yes",
Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING MAY 13, 2009
ADOPTED ON SECOND READING MAY 27, 2009
ORDINANCE NO. 0-2009-05
QUASI-JUDICIAL HEARING
8. TR11617 STEEL AMUSEMENT CENTER: A Resolution of the City Commission
of the City of Tamarac, Florida, approving a Special Exception to permit the operation of
an adult amusement center located at 7170 and 7172 University Drive, specifically
portions of parcels "A", "B", "C, "D", and "E" of the Fort Lauderdale Truck Farms
subdivision, Section 3 Township 49 South, Range 41 East, according to the plat thereof
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Wednesday, May 27, 2009
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as recorded in Plat Book 99 Page 47 of the public records of Broward County, Florida
(Case No. 3-Z-09); providing for conditions of approval; providing for conflicts; providing
for severability; and providing for an effective date. Vice Mayor Atkins -Grad seconded
by Commissioner Dressler moved approval. Assistant City Attorney Klahr read
Temporary Resolution 11617 by title. City Clerk Swenson swore in those interested in
speaking on the matter. Community Development Director Bramley gave a
presentation. Vice Mayor Atkins -Grad asked if alcohol would be served and Community
Development Director Bramley said it would not. Commissioner Bushnell questioned
the condition of approval allowing no children under 16 unless accompanied by an
adult, when Community Development Director Bramley spoke of no one under 21 being
admitted, and Commissioner Bushnell questioned handicap access and bike racks.
Community Development Director Bramley said the Code provides the condition of no
children under 16 unless accompanied by an adult, however the applicant has advised
no one under 21 will be admitted. Handicap accessibility is required as well as in the
bathrooms, and the Code requires bike racks, which are part of the shopping center.
Commissioner Bushnell expressed concern during these bad economic times of the
potential of keeping cash on the premises and the possible targeting of the seniors by
thieves. Community Development Director Bramley said one of the conditions of
approval is for an officer to be provided evenings from 8:00 p.m. — close. Igal Steel,
Applicant advised the Mayor and City Commission the facility will be secure from 8:00
p.m. to close and there will be no alcohol on the premises. Commissioner Dressler said
he has done research on this type of business and it is not a gambling hall, but it is adult
entertainment; it tends to take on a social atmosphere. Community Development
Director Bramley agreed it becomes a very social atmosphere and a large part of the
business is providing a day long destination for seniors. Commissioner Dressler added
this type of business will increase foot traffic during the day which will be a benefit to
other businesses in the mall, and therefore, an economic benefit. Commissioner
Dressler questioned the financial impact on the City, e.g. fee per machine, and
Community Development Director Bramley said a license or fee per machine is required
and this will generate over $12,000 to the general fund per year through business
revenue. The machines are licensed at $186.50 per machine. Commissioner Dressler
questioned the process for the owner to obtain the required state licenses. Community
Development Director Bramley said the applicant is required to obtain certain kenses
from the State. Mayor Flansbaum-Talabisco said the State regulates ttss type of
establishment. Commissioner Glasser said she had the fortune to experience two
different establishments of this sort in Broward County and an individual can spend as
much as they want to on the machines. The operations are very clean and friendly, and
serve food as well. The atmosphere was very relaxing. People win prizes, not money,
and it was a good experience with nice people enjoying themselves. Vice Mayor Atkins -
Grad said this is a great location and asked Mr. Steel if this is the only business of this
type that he has. Mr. Steel said it is. Mayor Flansbaum-Talabisco asked if background
checks are usual and customary, and said she supports this type of use. Community
Development Director Bramley said a background check is required for this type of use.
Mayor Flansbaum-Talabisco said this will bring vitality back into a main shopping center
given the applicant meets all the requirements. Mayor Flansbaum-Talabisco said she
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Regular Meeting
Wednesday, May 27, 2009
Page 7 of 8
served on Edith Lederberg's Advisory Board, which was her first foray working with
seniors; there is a lot of camaraderie in this type of establishment and it is a place to go
and have fun, without young children. Mayor Flansbaum-Talabisco said Ms. Lederberg
is a strong proponent of this activity for seniors. Commissioner Bushnell said she
represents a senior community and she believes many people in the community go to
these facilities and enjoy them because they are smoke free. Mayor Flansbaum-
Talabisco asked if transportation is offered and Mr. Steel said it is not. Mayor
Flansbaum-Talabisco asked when the applicant plans to open and how long of a lease
Mr. Steel signed. Mr. Steel replied as soon as approvals are complete and the bays are
brought up to code; he has a five-year lease with options. On roll call Commissioner
Glasser voted "yes", Commissioner Dressier "yes", Vice Mayor Atkins -Grad "yes",
Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
RESOLUTION R2009-73
END OF QUASI-JUDICIAL HEARING
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 10:13
a.m.
Mayor Flansbaum-Talabisco reopened the meeting at 10:20 a.m. and opened the public
hearing for Item 8 on the agenda — TR11617. There being no one wishing to speak,
Mayor Flansbaum-Talabisco closed the public hearing and adjourned the meeting at
10:21 a.m.
Marlon Swenson, CMC
city -Clerk
"�V�
Beth Flansbaum-Talabisco,
Mayor
City Commission
Regular Meeting
Wednesday, May 27, 2009
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