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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. City Commission Regular Meeting Wednesday, May 27, 2009 Page 1 of 8 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 City Commission Regular Meeting Wednesday, May 27, 2009 Page 2 of 8 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. City Commission Regular Meeting Wednesday, May 27, 2009 Page 3 of 8 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 City Commission Regular Meeting Wednesday, May 27, 2009 Page 4 of 8 1 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 City Commission Regular Meeting Wednesday, May 27, 2009 Page 5 of 8 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 City Commission Regular Meeting Wednesday, May 27, 2009 Page 6 of 8 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 City Commission 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 Page 8 of 8 1