Loading...
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 Page 1 of 9 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 June 13, 2007 Page 2 of 9 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 June 13, 2007 Page 3 of 9 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 Page 4 of 9 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 Page 5 of 9 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 Page 6of9 1 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 Page 7 of 9 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 Page 8 of 9 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 1 June 13, 2007 Page 9 of 9 Beth Flansbaum-Talabisco Mayor