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HomeMy WebLinkAbout2008-06-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JUNE 11, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, June 11, 2008 in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Portner led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: TAMARAC UNIVERSITY— GRADUATING CLASS OF 2008 a. Presentation by Mayor Flansbaum-Talabisco of Certificates of Graduation to the second Graduating Class of Tamarac University — June 2008: Bob Malkoff, Elaine S. Bailey, Ana M. Romagosa, Tonia Shultz, Pamela Bushnell, Joan Marcus, Kimberly K. Hackett, Gary Wulf, Henry Maya, Cory Sadowitz, Bernard Tudor, James Griffin, Elinor L. Wurz, Frank DiPaolo, Carmela Borrelli, Richard Carrey, Sophie Cariveau, Barbara E. McNeil, Boris Bastidas, Barbara C. Tarnove, and Kathy Gerstenslager. Bob Malkoff, Pamela Bushnell and Barbara McNeil presented the Mayor and City Commission with a Certificate of Appreciation for Tamarac University and said a tree would be planted in one of the parks. b. Presentation by City Manager Jeffrey L. Miller of Governor's Sterling Challenge Plaque to the Mayor and Commission. City Manager Miller explained we have just been recognized by the Florida Governor's Sterling Organization for successfully completing Phase II of the Challenge Award. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco said she is proud of Tamarac University, an initiative started by this Commission, which is open to all residents. Applications are available through City Hall; there are 25 seats per eight week session, and classes are led by staff. Tonight we honor the second graduating class and recognize alumni. The second leg of the sterling road makes all of us very proud; this is a team effort. We will stay the course on this initiative started by our City Manager. Mayor Flansbaum-Talabisco said Coral Springs was the first city in the country to win the Malcolm Baldridge Award, and Coral Springs City Manager Mike Levinson said there is no question in his mind we will be awarded the Florida Governor's Sterling Award. June 11, 2008 Page 1 of 7 Revised June 23, 2008 Commissioner Portner congratulated the second graduating class of Tamarac University and said he hopes the students will all take it upon themselves to run for elected office in the City of Tamarac. Commissioner Atkins -Grad said the commission meetings are part of Tamarac University, but very few people attend the meetings, and extended an invitation for the audience to remain for the entire meeting. It is exciting for the Commission to have ambassadors to go out and say positive things about our City; Commissioner Atkins - Grad congratulated all the graduates. Vice Mayor Sultanof said he can not thank the students enough for attending Tamarac University. We live in a democracy and now, those who attended the classes realize what democracy is; politics is the art and science of governing. Vice Mayor Sultanof thanked the class for the certificate and the tree. Commissioner Atkins -Grad invited everyone to attend the seminar hosted by herself and Commissioner Dressler Tuesday morning in Chambers at 9:30 a.m. The guest speaker will be from the University of Miami, School of Medicine, to discuss catastrophic events. Commissioner Dressler congratulated the graduates and said he is hopeful Tamarac University has given everyone an insight as to what local government is all about. Running for office on the local level is challenging and meaningful, and requires time and dedication. The next step after Tamarac University is to get involved with different boards and advisory committees, and Commissioner Dressler asked the graduates to read the newspapers and watch television to get a sense of what local government does and the costs involved. There are many things provided by this City that are not funded by County, State and Federal dollars. Mayor Flansbaum-Talabisco spoke of the passing of Ben Roberts', and recognized the candidates in the audience: Diane Glasser, Bob Malkoff, and Pam Bushnell, and wished them all the best. Mayor Flansbaum-Talabisco thanked the graduating class for acknowledging the Mayor and City Commission in such a meaningful way. Commissioner Portner asked the graduates to bring ideas to the City. Mayor Flansbaum-Talabisco reported that through a partnership between the City of Tamarac and the Chamber of Commerce the first part of a four-part program was held on May 28th; 'Financial Literacy in Today's Economy'. The program was hosted by City Furniture. Mayor Flansbaum-Talabisco said she was very impressed with Housing Administrator Bauldree's presentation, and all the information provided at the program is available from the City of Tamarac. BSO gave a presentation at a homeowner's association meeting at the Woodlands and provided information on a drowning prevention checklist, safeguarding one's identity, protecting your vehicle, and slamming doors on scammers. Mayor Flansbaum-Talabisco wished Commissioner Atkins -Grad a happy birthday on June 12. Mayor Flansbaum-Talabisco reported the Ferguson Group, our federal lobbyists, informed her of the changes to the 2005 Safety Surface Transportation Law; and the City of Tamarac, because of the Commission's and June 11, 2008 Page 2of7 Revised June 23, 2008 Commissioner Portner's efforts, as well as Rep. Wasserman Schultz's efforts, will receive $610,000 for the Pine Island Overpass Project. Vice Mayor Sultanof had no further report. Commissioner Portner had no further report. Commissioner Atkins -Grad reported on her trip to Pennsylvania for the Women in Municipal Government Conference, where she said met elected officials from all over the country. The opening reception was held at Philadelphia City Hall, and one of the highlights was speaking with the Lt. Governor of Pennsylvania. Commissioner Atkins - Grad said she is the Chair of Mothers Against Predators, and she introduced the conventioneers to the organization; Tamarac's local initiative may become a springboard for a national movement. Commissioner Atkins -Grad attended the fifth grade graduation ceremonies for Challenger and Tamarac Elementary Schools and presented a Certificate of Recognition to the Reading Resource "teacher at Tamarac Elementary School, in honor of her retirement. Commissioner Atkins -Grad attended the City of Tamarac volunteer luncheon on June 4th, and Sheriff Lamberti confirmed the Broward County Firefighters would receive training from the University of Miami on how to cope with catastrophic events. The program will also be offered to Broward County law enforcement officers at a future date. Commissioner Atkins -Grad spoke of the upcoming discussion on catastrophic events which will be held on June 17th at City Hall. Commissioner Atkins -Grad said she has been asked to join the Board of the Broward County Mental Health Association and she was sworn in as an Alternate for the League of Cities this past Friday evening. Commissioner Dressler said he disagrees with Governor Crist approving the bond issue for $600 million, which will be in addition to the 1 % surcharge on every insurance policy. Commissioner Dressler asked everyone to not judge people by What they say, but by what they do and to hold them accountable. 3. City Attorner. City Attorney Goren introduced law clerk Christina Strandell who was seated in the audience. City Attorney Goren reported on the University Drive matter and said the trial scheduled for August has been postponed for 60 days. Tamarac and Coral Springs, who are parties to the action, did not join the motion but did not object to the continuance. City Attorney Goren said he is working with staff on an ordinance based on a California ordinance regarding ownership of property during and after foreclosure. Mayor Flansbaum-Talabisco expressed frustration over the number of properties going into foreclosure and the effect it is having on our neighborhoods. City Attorney Goren spoke of the remedies available to the City and the costs involved with enforcement. If a homeowners' association has covenants running with the land they may have right of access to properties which the City does not have. Commissioner Portner spoke of the City getting involved in purchasing properties that are in foreclosure, fixing the properties and then selling as affordable housing. City Attorney Goren discussed municipal purposes to purchasing property. Commissioner Portner asked that this be placed on the next workshop agenda for discussion. Vice Mayor Sultanof questioned the City's ability to use eminent domain for these types of situations and City Attorney Goren explained the ability to use eminent domain to acquire private property and turn it around for economic use has been taken away due to the fact that a June 11, 2008 Page 3 of 7 Revised June 23, 2008 recent constitutional referendum did away with CRA's. Commissioner Atkins -Grad said Tamarac is made up of affordable housing. 4. City Manager: City Manager Miller commended the Purchasing Division on the recent internet auction where we sold 16 outmoded vehicles for $37,305. City Manager Miller said he received a call from Lobbyist Ron Book's office wherein he was told Tallahassee funded Tamarac for three projects: $200,000 for our radio system, $300,000 for replacement culverts, and $135,000 for Waters Edge Park. City Manager Miller commended Assistant City Manager Phillips and staff for a great job. The City Clerk's office reports that the Broward County Supervisor of Elections will have voting equipment at the Tamarac Community Center on June 24 beginning at 9:30 a.m. for demonstration. Representatives of the Broward County Supervisor of Elections will be on hand to answer questions. The City of Tamarac has received payment of $200,000 for the Southgate Linear Park Project from the South Florida Land and Conservation Program. The Dive -In Movie on June 6 was very successful — 150 people were in attendance. The National Wildlife Foundation reports that all Tamarac parks have met the four basic habitat elements for wildlife and will receive certification shortly. There were 451 participants in the joint program between Public Works and Broward County for Hazardous Waste Drop Off, which is up 60% from last year. 5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street commended the Mayor and City Commission on Tamarac University and asked that in the future mature trees be included in new parks. Marion DeBonis, 8551 NW 80 Street asked for an update on the country club, the dog park, sidewalks, and the canal at Sabal Palm. City Manager Miller responded he had a discussion with Dr. Schmidt regarding a conceptual proposal for an ALF and homes but the City received no application to date. Director of Parks and Recreation Warner said the dog park would open in late August. Public Works Director Strain spoke about eligibility for Woodmont for CDBG monies for sidewalks, and the city's maintenance program. City Manager Miller addressed the water at Sabal Palm and said a complaint was made to the Broward County Health Department regarding infestation in that area. The Health Department inspected the area and met with Code Enforcement, who, in turn met with the developer. The developer is getting the area into conformance. Commissioner Dressler spoke regarding the Country Club and said there has been a meeting with staff but there is nothing pending at this time. CONSENT AGENDA 6. Commissioner Dressler seconded by Commissioner Atkins -Grad moved the addition of TR11429 as Item 60) on the consent agenda. City Attorney Goren read TR 11429, Revision #1, by title. City Attorney Goren explained the change in language as a result of discussions at the workshop from termination for cause to termination for convenience. On roll call Vice Mayor Sultanof voted "yes", Commissioner Portner "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. Vice Mayor Sultanof seconded by Commissioner Dressler moved approval of all items on the consent agenda. On roll call Commissioner Portner voted "yes", Commissioner June 11, 2008 Page 4 of 7 Revised June 23, 2008 Dressler "yes", Commissioner Atkins -Grad "yes", Vice Mayor Sultanof "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVE the minutes of the May 28, 2008 Regular City Commission meeting. APPROVED b. APPOINTING A CHAIRPERSON AND VICE CHAIRPERSON TO THE VETERAN'S AFFAIRS COMMITTEE: (TR11418) Appointing Harvey Jefferbaum as Chairperson and Paul Dick as Vice -Chairperson to the Veteran's Affairs Committee to serve until November 10, 2008 or until new appointments are made,. RESOLUTION NO. R2008-78 C. PURCHASE OF WATER METER FITTINGS ANp WATER LINE ACCESSORIES: (TR11422) Utilizing the City of Deerfield Beach Bid Number 2005- 06/14, entitled "Water Meter Fittings and Water Line Accessories" issued on behalf of the Southeast Florida Governmental Purchasing Group as renewed for the period of June 29, 2008 through June 28, 2009; authorizing the purchase of water meter fittings, water line accessories and meter boxes in an amount not to exceed $90,000. RESOLUTION NO. R2008-79 d. DONATION OF EQUIPMENT TO THE BROWARD FIRE ACADEMY: (TR11423) Donating obsolete fire equipment to the Broward Fire Academy. RESOLUTION NO. R2008-80 e. DECLARATION OF RESTRICTIVE COVENANTS FOR TEPHFORD PARK: (TR11421) Executing a Declaration of Restrictive Covenants for Tephford Park (formerly known as Southgate Linear Park); providing for the recordation of said Declaration of Restrictive Covenants in the Public Records of Broward County, Florida. RESOLUTION NO. R2008-81 f. WESTPOINT PLAZA — FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT: (TR11411) Executing a First Amendment to the Water and Sewer Developer's Agreement with WestPoint Business Park 11, LLC, for the WestPoint Plaza Project, located at West Commercial Blvd. and Hiatus Road, requiring an additional 1.5 ERC's for water and an additional 1.5 ERC's for sewer; requiring additional payment of $2,550.00 for water and $3,300.00 for severer; requiring a total additional payment of $5,850.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2008-82 g. HAMPTON—INN & SUITES - WATER AND SEWER DEVELOPER'S AGREEMENT: (TR11419) Executing a Water and Sewer Developer's Agreement with Palmetto Hospitality of Tamarac I, LLC., for the Hampton -Inn & Suites Project, located at 5701 Madison Avenue, requiring 16 ERC's for water and 16 ERC's for sewer; requiring the payment of $62,400.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2008-83 h. BROWARD SHERIFF'S OFFICE PERMIT APPLICATIQN FOR SPECIAL DETAILS FOR POLICE SERVICES: (TR11420) Executing a Broward Sheriffs Office Permit Application for Special Details for police services to be used by the Parks and Recreation Department in an amount not to exceed $43,000 in FY 08; approving funding from the appropriate Parks and Recreation accounts. RESOLUTION NO. R2008-84 June 11, 2008 Page 5 of 7 Revised June 23, 2008 i. SECOND QUARTERLY BUDGET AMENDMENT: (TR11424) Amending the Expenditure Budget for the Fiscal Year 2008 and amending the Budget of Estimated Revenues for the Fiscal Year 2008. RESOLUTION NO. R2008-85 j. TERMINATION OF AGREEMENT BETWEEN THE CITY OF TAMARAC AND BARNEY & WORTH INC. FOR THE DEVELOPMENT OF A PUBLIC ART MASTER PLAN: (TR11429) Terminating the agreement between the City of Tamarac and Barney & Worth, Inc. for the development of a Public Art Master Plan; making certain findings and conclusions; authorizing the City Manager, City Attorney and Authorized City staff to take appropriate actions consistent with this resolution. RESOLUTION NO. R2008-86 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS There were no ordinances scheduled for first reading. PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCE — SECOND READING 7. ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS: (TO2151) Motion to adopt Ordinance on second reading adopting the Evaluation and Appraisal Report (EAR) based amendments for the City of Tamarac 1998 Comprehensive Plan; stating the intent of the Mayor and City Commission of the City of Tamarac to amend the City's 1998 Comprehensive Plan in accordance with the recommendations contained in the EAR Report to the Department of Community Affairs in accordance with Florida Statutes (Case No. 17-MI-07). Commissioner Dressler seconded by Commissioner Atkins -Grad moved adoption. City Attorney Goren read Temporary Ordinance 2152 on second reading 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 Portner voted "yes", Commissioner Dressler "yes", Commissioner Atkins - Grad "yes", Vice Mayor Sultanof "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 24, 2007 ADOPTED ON SECOND READING JUNE 11, 2008 ORDINANCE NO. 0-2008-8 QUASI-JUDICIAL HEARINGS There were no quasi-judicial hearings scheduled for this meeting. END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS June 11, 2008 Page 6 of 7 Revised June 23, 2008 City Manager Miller informed the public that an arrest has been made in the case of a murder of a Tamarac resident. It was originally thought that the resident died as a result of a hit and run accident, but after diligent investigation, it was determined the death was the result of a blunt trauma to the head, received during a drug transaction. City Manager Miller congratulated BSO on their investigative work and bringing this matter to a close. 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 8:30 p.m. 1' arion Swenson, WC City Clerk 'awn Beth •. .• • Mayor June 11, 2008 Page 7 of 7 Revised June 23, 2008