HomeMy WebLinkAbout2007-06-13 - City Commission Regular Meeting Minutesfl
CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
LIME BAY CLUBHOUSE
WEDNESDAY JUNE 13, 2007
CALL TO ORDER: Mayor Beth Flansbaum-Talabisco called the regular meeting of the
City Commission to order at 7:00 pm on Wednesday, June 13, 2007 at Lime Bay
Clubhouse, 9190 Lime Bay Boulevard, Tamarac, FL.
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.
Todd Silver, Challenger Elementary Student, led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation to Commissioner Atkins -Grad by Mayor Flansbaum-Talabisco of a
Certificate of Completion 2007 Advanced Institute for Elected Municipal Officials.
(Requested by Jeff Hendry, Executive Director, the John Scott Dailey Florida Institute of
Government at Florida State University) Commissioner Atkins -Grad accepted.
b. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming the
week of June 18th as Firefighter Stand Down Week. (Requested by Fire Chief Jim
Budzinski) Deputy Fire Chief Schuldt and Division Chief Low accepted.
TAMARAC UNIVERSITY— GRADUATING CLASS OF 2007
C. Presentation by Mayor Flansbaum-Talabisco of Certificates of Graduation to the
first Graduating Class of Tamarac University — June 2007:
Erik DeMicco
Alissa Fiss
Pamela Gorman
Matthew Hoffman
Nancy Kane
Phyllis Kelley
Marjorie Kornfeld
Lee I. Korotzer
Eric Levy
Ingrid Lofters
Jason Maya
Andre C. McAden
Joanne Mariotti
Miriam Miniet
Patricia O'Connor
Vicki A. Reid
June 13, 2007
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Michael R. Rigolizzo
Frederick Siembab
Anna Skrzypek
Gary Streich
Eli Treatman
Kathleen Turner
Patricia Van Kampen
Devorah Vegoda
Tamarac University Graduate, Marjorie Kornfeld, presented a class photo and plaque to
Management Intern Campbell who served as the students' mentor and made the
process seamless.
RFPnRTS
2. City Commission: Commissioner Portner congratulated the graduating class of
2007 and said they have learned more about the City than the elected officials learned
before they ran for office. The graduates are now qualified to run for office in Tamarac
and he hopes they stand and become leaders of the `City of the Future'.
Vice Mayor Sultanof said Lime Bay used to be part of his district and there is a
wonderful group of people here. No city prospers without the help of its residents, and
Vice Mayor Sultanof encouraged the graduates to participate in the City as it grows, and
said we must keep the City active with museums, libraries and art. Tamarac is the
fastest growing City in Broward County and has the largest voting public in Broward
County. Vice Mayor Sultanof added that Commissioner Portner is correct, it is
important to know how the City operates and that this Commission operates together.
Vice Mayor Sultanof acknowledged his wife, Sylvia, in the audience and thanked
everyone for coming to the meeting.
Commissioner Atkins -Grad said it is exciting to have a night like this with the graduates
and a pleasure to hold this meeting at Lime Bay. Commissioner Atkins -Grad said she
knows so many people in this community and she is grateful for those who voted for her
and show confidence in her. Commissioner Atkins -Grad spoke of the many events she
attended during the past week: the Town Hall meeting at City Hall hosted by
Representative Ari Porth and Representative Jim Waldman; the Memorial Day
Ceremony at Veterans' Park; the luncheon hosted by the Chamber of Commerce in
honor of the Small Business Person of the Year; the first steps to start a Kiwanis Club in
Tamarac; the Celebration of Buddha; the luncheon hosted by the City of Tamarac to
thank Tamarac residents who serve on City Boards and Committees; and the plaque
dedication in honor of BSO Deputy Tephford, who was killed in the line of duty.
Commissioner Dressler said he had the honor of being recognized by Volunteer
Broward along with members of the District VII, BSO COPs program. Commissioner
Dressler said volunteering comes naturally to him and he is hopeful the graduates of the
2007 Class of Tamarac University learned how important volunteering is to a
community, as well as cooperation and sharing of ideas. We must all remember that for
a community to be successful we must discuss and work toward issues we hold in
common and not deal with personalities, and we must keep these values in mind. This
Mayor and City Commission believe in cooperation and the concept of Team Tamarac.
Commissioner Dressler congratulated the Tamarac University Graduating Class of
2007.
Mayor Flansbaum-Talabisco congratulated Commissioner Dressler on the receipt of his
award and Commissioner Atkins -Grad for the time and effort that it takes to accomplish
extra curricular activities. Mayor Flansbaum-Talabisco said the Mayor and City
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Commission serve inside and outside of the City. Commissioner Portner chairs the
State Road 441 Collaborative and sits on several other Boards, and Vice Mayor
Sultanof also serves on many Boards, most notably the MPO, which he has served on
for the past eight years. This Mayor and City Commission work throughout the County
and the State, gleaning ideas from other entities and bringing them back to Tamarac.
Mayor Flansbaum-Talabisco thanked staff who stayed every Tuesday night for the past
eight weeks; without them Tamarac University would not have been possible. The City
received over 200 responses from the community. Mayor Flansbaum-Talabisco said
she hopes the graduates will keep in touch with City Hall and go forth and become
ambassadors within the communities; run for office and become volunteers and help the
Mayor and City Commission make this community better. This City belongs to all of us.
With hurricane season upon us we need to make preparations now; during this drought
the City's water usage has gone down one million gallons a day, thanks to all our
residents. Other cities come to Tamarac to see what we are doing. Mayor Flansbaum-
Talabisco spoke of her trip to Washington, D.C. with Assistant City Manager Phillips
where she met with our lobbyists from the Russ Reid Group. Mayor Flansbaum-
Talabisco asked our representatives on the 'Hill' for $610,000 for the Pine Island
Overpass, $789,000 for another portion of the Pine Island Overpass, $1 million for Main
Street infrastructure improvements, and $1.5 million for the recreation facility renovation
on University Drive. U.S. Representative Wasserman -Schultz is spearheading the Pine
Island Overpass money and promised her support. Senator Nelson showed interest
and support for the Pine Island Overpass, and Congressman Wexler is requesting $1.5
million for the new recreation center. Congressman Hastings is requesting $1 million for
infrastructure for the Main Street Project. This is the second year of the process and we
are determined to see it through. It is a complicated process but it is in the City's best
interest to continue and try to find funding for these projects. The Russ Reid Company
will come to Tamarac with a report in the fall. Mayor Flansbaum-Talabisco thanked
Commissioner Atkins -Grad for choosing Lime Bay for this meeting.
3. City Attorney: City Attorney Goren spoke of the Code Enforcement matter with
R & S, and said the outcome of the matter puts the City in a positive position to
negotiate final resolution for the claim. The property owner can appeal to the 4th DCA.
City Attorney Goren congratulated Gary Jones and Mark Woods. City Attorney Goren
spoke of a Palm Beach Circuit Court Order regarding the cost of dispatch for Fire
Rescue. The Circuit Court entered an order which suggested Palm Beach County's
assessment of costs and expenses for dispatch services was unlawful and enjoined the
County from collecting fees from Cities. The 4th DCA decision may be persuasive in
Broward County.
Mayor Flansbaum-Talabisco thanked the I.T. Department, City Clerk's Department and
Public Works for helping take the 'show on the road'.
4. City Manager: City Manager Miller congratulated the Tamarac University
Graduates and thanked the members of the executive team for serving as professors;
all did a great job. The new Caporella Aquatic Center is very popular and last Sunday
there were 470 people in attendance. Attendance for the Memorial Day services
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reached 350, and there were 120 guests in attendance on June 1 for the Board and
Committee luncheon. All past events were very successful. On June 12 a plaque was
unveiled at BSO honoring Deputy Tephford. The groundbreaking for the new Utility
Building will be held at 10:00 am, on June 26t" at 10001 State Street.
Vice Mayor Sultanof confirmed there is almost four acres of property purchased for the
Utilities building that can be sold.
PUBLIC PARTICIPATION
5. Paula Picardi, 9081 Lime Bay Boulevard, and Elizabeth Guttenberg, 9151 Lime
Bay Boulevard, spoke about permitting problems for repairs post Hurricane Wilma. City
Manager Miller explained sometimes building contractors tell clients the hold up is with
the City but in reality it is with them; they may not have the appropriate paperwork
completed or enough people to do the job. Mayor Flansbaum-Talabisco suggested they
speak with Commissioner Atkins -Grad, the Commissioner from District 2 after the
meeting.
Barbara McNeil, 6961 NW 82 Court, spoke about holding one workshop meeting each
month in the evening. Commissioner Dressler said he is in favor of doing this, as
information discussed during workshop meetings is valuable for citizens to hear.
Commissioner Dressler asked his colleagues to consider moving a workshop meeting to
evening hours and asked staff to look into the feasibility of doing this and bring back
information to the Mayor and City Commission. City Manager Miller said he would look
into it; this request has come up before and the demographics of the community are
changing; however it will be a Commission decision. Mayor Flansbaum-Talabisco said
she would also like to discuss at a future meeting making board and committee
meetings later in the day so working people can participate.
Burt Schneider, 8016 NW 72 Street spoke of property tax reform, and said he did not
want to lose City services, educational facilities and maintenance staff. Mr. Schneider
said he enjoys bringing the 'show on the road' but the only way to make it worthwhile is
if people attend the commission meetings on a regular basis. Commissioner Portner
said state legislators do not listen to local elected officials; they listen to the public,
because those are the people who vote for them. The public needs to write or go to
Tallahassee to make their positions known. Mayor Flansbaum-Talabisco said many
citizens are not aware of what is going on in Tallahassee. Our City Manager has been
to Tallahassee, trying to explain to the legislators the consequences of their actions.
The Mayor and City Commission have also been in touch with our representatives.
Mayor Flansbaum-Talabisco asked that our residents keep informed and understand
that the Mayor and City Commission are making tough decisions this year. Vice Mayor
Sultanof said years ago a congressman told him legislators are concerned when they
receive many messages because they worry about being reelected. Vice Mayor
Sultanof said the only way to get our message across is to pester the legislators until
they realize when election time comes around you will be out there making sure they do
not get reelected. Commissioner Dressler added if people in Tallahassee do not hear
June 13, 2007
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from the public they will listen to special interest lobbyists. We need to take control of
our own government, and those in Tallahassee are not subject to the same Sunshine
law as elected officials on the local level. The legislators did not solve the insurance
crisis and the property tax system is broken. Tallahassee is taking the same approach
with property taxes as they did with insurance. They are placing cities in a position to
raise taxes, and the legislators want to cut money from public education and hospital
districts. These are unfunded mandates. Residents need to get involved — call and
send letters to Tallahassee. We want property taxes reduced but not at the expense of
City services.
CONSENT AGENDA
6. Commissioner Dressler seconded by Commissioner Atkins -Grad moved the
addition of Temporary Resolution 11220 as item 6(m) to the consent agenda.
DECLARING RETRACTABLE CURTAIN IN COMMISSION CHAMBERS AS BEYOND
SURPLUS STOCK: Declaring the floor -to -ceiling retractable curtain in the City
Commission Chambers as beyond surplus stock as defined by Section 6-153 of the
City's Code of Ordinances; finding that the retractable curtain has no ascertainable
value to the City; authorizing the City Manager or his designee to dispose of the
retractable curtain in the manner most practical and beneficial to the City. On roll call
Commissioner Portner voted "yes", Commissioner Atkins -Grad "yes", Vice Mayor
Sultanof "yes", Commissioner Dressler "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 Atkins -Grad voted "yes", Vice Mayor
Sultanof "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", and
Commissioner Portner "yes". Motion carried.
a. APPROVE the minutes of the May 23, 2007 Regular City Commission meeting.
APPROVED
b. AMENDMENT TO AGREEMENT WITH BARNEY AND WORTH, INC. FOR
PUBLIC ART MASTER PLAN: (TR11211) Amendment to Agreement between Barney
and Worth, Inc. and the City of Tamarac to provide for development and implementation
of the Public Art Master Plan; providing for conditions of approval.
RESOLUTION NO. R2007-72
C. SURPLUS COMPUTER AND TELECOMMUNICATIONS EQUIPMENT:
(TR11212) Declaring certain computer and telecommunications equipment as surplus
and directing that equipment be disposed via sale through established internet markets
to be selected; or by the means deemed to be most practicable; placing all proceeds
into the appropriate funds from which the assets were originally purchased.
RESOLUTION NO. R2007-73
d. CONTRACT FOR COMPREHENSIVE FIREFIGHTER MEDICAL
EXAMINATIONS: (TR11206) Awarding Request for Proposal No. 06-19R to Randall L.
Wolff, M.D., an individual for Fire Fighter Comprehensive Medical Examinations, for a
minimum of three years at a cost not to exceed Sixty Thousand Dollars ($60,000)
annually for FY07, FY08, and FY09, for a total not to exceed of One Hundred Eighty
June 13, 2007
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Thousand Dollars ($180,000) for the three year contract, with the provision for renewal
for two (2) three (3) year terms.
RESOLUTION NO. R2007-74
e. WATER AND SEWER DEVELOPER'S AGREEMENT — BIG LOTS PLAZA,
LTD. (TR11192) Executing a Water and Sewer Developer's Agreement with Big Lots
Plaza, LTD., for the Big Lots Plaza Laundromat Project, located at 7471 NW 57th Street,
requiring an additional 2.5 ERC's for water and 2.5 ERC's for sewer; requiring the
payment of $9,750.00 in CIAC fees; authorizing and directing the City Clerk to record
said agreement in the public records of Broward County.
RESOLUTION NO. R2007-75
f. FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT
— COMMERCE BANK PROJECT: (TR11210) Executing a First Amendment to the
Water and Sewer Developer's Agreement with Commerce Bank, NA., for the
Commerce Bank Project, located at 7001 West Commercial Blvd., requiring the addition
of 9 ERC's for water and 4 ERC's for sewer and an additional $24,100.00 in CIAC fees;
authorizing and directing the City Clerk to record said agreement in the public records of
Broward County.
RESOLUTION NO. R2007-76
g. PURCHASE AND INSTALLATION OF GUARDRAILS: (TR11214) Approving
the purchase and installation of guardrail from Weekley Asphalt Paving, Inc., at a cost
not to exceed $68,905.00, located at Mainlands Drive, NW 79th Street, and Westwood
Drive, utilizing Broward County, Price Agreement Contract for the general roadway and
miscellaneous construction, Bid No. HZ-05-376-131; approving funding from the
appropriate Capital Improvement Account.
RESOLUTION NO. R2007-77
h. DRAFT MODEL PUBLIC SCHOOL FACILITIES ELEMENT: (TR11216)
Demonstrating general support for the Draft Model Public School Facilities Element and
related plan provision in the Intergovernmental Coordination and Capital Improvement
Elements; providing for conditions of approval.
RESOLUTION NO. R2007-78
i. SIDEWALK REPAIRS: (TR11217) Executing Change Order Number 1 to the
purchase order with Straightline Engineering Group for the sidewalk repair and
replacement project; authorizing an additional expenditure in an amount not to exceed
$120,000.00 for said purpose; authorizing budget amendments as needed for proper
accounting purposes.
RESOLUTION NO. R2007-79
j. PHOTOCOPY EQUIPMENT LEASE AND RENTAL AGREEMENTS — TOSHIBA
BUSINESS SOLUTIONS: (TR11218) Awarding Photocopy Equipment Lease and
Rental Agreements to Toshiba Business Solutions on behalf of the Southeast Florida
Governmental Purchasing Cooperative utilizing pricing provided through Broward
County Term Contract Master Purchase Agreement #G-8-06-318-B3 and City of Miami
Contract #03-04-129(08); and State of Florida Agreement 600-341-06-1.
RESOLUTION NO. R2007-80
k. RIGHT-OF-WAY AGREEMENT — FIRST EASTSIDE SAVINGS BANK:
(TR11215) Executing a conveyance of Right -of -Way Agreement with First Eastside
Savings Bank, for the First Eastside Savings Bank, located at 9399 West Commercial
June 13, 2007
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E
Blvd.; authorizing and directing the City Clerk to record said document in the public
records of Broward County.
RESOLUTION NO. R2007-81
I. SETTING NEW SCHEDULE OF PERMIT FEES FOR CONSTRUCTION
PROJECTS: (TR11202) Setting a new schedule of permit fees for construction projects
within the City of Tamarac; repealing Resolution No. R-99-250.
RESOLUTION NO. R2007-82
M. DECLARING RETRACTABLE CURTAIN IN COMMISSION CHAMBERS AS
BEYOND SURPLUS STOCK: Declaring the floor -to -ceiling retractable curtain in the
City Commission Chambers as beyond surplus stock as defined by Section 6-153 of the
City's Code of Ordinances; finding that the retractable curtain has no ascertainable
value to the City; authorizing the City Manager or his designee to dispose of the
retractable curtain in the manner most practical and beneficial to the City.
RESOLUTION NO. R2007-83
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
7. FY 2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS:
The City seeks public comments on the recommended use of the FY 2007 Community
Development Block Grant (CDBG) funds. A draft has been developed based on
comments and recommendations received during the June 6, 2007 Planning Board
meeting. City Attorney Goren read Item 7 for the record. Community Development
Director Bramley and Housing Administrator Bauldree gave presentations. Mayor
Flansbaum-Talabisco opened the public hearing and with no one wishing to speak,
closed the public hearing. Vice Mayor Sultanof seconded by Commissioner Atkins -
Grad moved approval of the draft. On roll call Commissioner Atkins -Grad voted "yes",
Vice Mayor Sultanof "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco
"yes", and Commissioner Portner "yes". Motion carried.
APPROVED
8. APPROVING INVENTORY LIST OF MUNICIPALLY OWNED PROPERTY
APPROPRIATE FOR USE AS AFFORDABLE HOUSING: (TR11221) Motion to
approve resolution approving an inventory list of municipally owned property that is
appropriate for use as affordable housing pursuant to Section 166.0451, Florida
Statutes. City Attorney Goren read Temporary Resolution 11221 by title. Vice Mayor
Sultanof seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren
gave a presentation. Mayor Flansbaum-Talabisco opened the public hearing and with
no one wishing to speak, closed the public hearing. On roll call Vice Mayor Sultanof
June 13, 2007
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voted "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes",
Commissioner Portner "yes", and Commissioner Atkins -Grad "yes". Motion carried.
RESOLUTION NO. R2007-84
ORDINANCES — SECOND READINGS
9. AMENDING CHAPTER 13 OF THE TAMARAC CODE — GRAFFITI: (T02141)
Motion to adopt Ordinance on second reading amending Chapter 13 of the City's Code
of Ordinances, entitled miscellaneous offenses, specifically amending Section 13.5,
entitled "graffiti"; providing for a broader definition of "graffiti" to include defacing or
damaging the property of another; providing for revised enforcement guidelines;
providing for penalties; providing for codification. City Attorney Goren read Temporary
Ordinance 2141 on second reading by title. Vice Mayor Sultanof seconded by
Commissioner Atkins -Grad moved approval. Building and Code Compliance Director
Jones and BSO Chief Dugger gave presentations. Commissioner Dressler commended
Building and Code Compliance Director Jones and BSO Chief Dugger on bringing this
initiative forward and added the maintenance of Tamarac is important given the fiscal
restraints coming. This is in the public interest. 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", Mayor Flansbaum-Talabisco "yes",
Commissioner Portner "yes", Commissioner Atkins -Grad "yes", and Vice Mayor Sultanof
"yes". Motion carried.
ADOPTED ON FIRST READING MAY 23, 2007
ADOPTED ON SECOND READING JUNE 13, 2007
ORDINANCE NO. 0-2007-14
10. AMENDING CHAPTER 2 OF THE CITY OF TAMARAC CODE OF
ORDINANCES ENTITLED "ADMINISTRATION" BY CREATING ARTICLE X TO BE
ENTITLED "QUASI-JUDICIAL PROCEEDINGS": (T02142) Motion to adopt
Ordinance on second reading amending Chapter 2 of the City of Tamarac Code of
Ordinances, entitled "Administration", by creating Article X, to be entitled "Quasi -Judicial
Proceedings"; creating Sections 2-367 through 2-370 of the City of Tamarac Code of
Ordinances; providing for the intent; providing for definitions; identifying quasi-judicial
matters; providing procedures for quasi-judicial proceedings, including, but not limited
to, ex parte communications, notification, presentation of evidence and preparation of
the order; providing for codification; providing for conflict; providing for severability; and
providing for an effective date. City Attorney Goren read Temporary Ordinance 2142 on
second reading by title. Commissioner Dressler seconded by Commissioner Atkins -
Grad moved approval. City Attorney Goren gave a presentation. Mayor Flansbaum-
Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing. On roll call Mayor Flansbaum-Talabisco voted "yes", Commissioner
Portner "yes", Commissioner Atkins -Grad "yes", Vice Mayor Sultanof "yes", and
Commissioner Dressler "yes". Motion carried.
ADOPTED ON FIRST READING MAY 23, 2007
ADOPTED ON SECOND READING JUNE 13, 2007
ORDINANCE NO. 0-2007-15
June 13, 2007
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QUASI-JUDICIAL HEARINGS
There were no quasi-judicial hearings scheduled for this meeting.
END OF QUASI-JUDICIAL HEARINGS
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 8:40
p.m.
Marion Swenson, CIVIC
City Clerk
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June 13, 2007
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Beth Flansbaum-Talabisco
Mayor