HomeMy WebLinkAbout2007-06-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY JUNE 27, 2007
CALL TO ORDER: Mayor Beth Flansbaum-Talabisco called the regular meeting of the
City Commission to order at 9:00 am on Wednesday, June 27, 2007 in Chambers at
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof,
Commissioner Edward C. Portner, and Commissioner Patte Atkins -Grad.
ABSENT: Commissioner Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Julie Klahr,
and Assistant City Clerk Tom Schneider.
At Mayor Flansbaum-Talabisco's request, BSO Chief Dugger led the pledge of
allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming Ron
Hawthorn as the Chamber Of Commerce small business person of the year.
(Requested by Mayor Flansbaum-Talabisco) Mr. Hawthorn accepted and thanked the
Mayor and Commission. Vice Mayor Sultanof congratulated Mr. Hawthorn and his wife,
Marie, who was in the audience. Mayor Flansbaum-Talabisco said the Hawthorns are
at every City event, selling tickets and rallying the troops. The new Kiwanis group is
expected to be a great success with the assistance provided by Mr. Hawthorn and
Economic Development Officer Berns.
b. Presentation of a proclamation by Mayor Flansbaum-Talabisco recognizing Dr. L.
Scott Ulin as "EMS Medical Director of the Year". (Requested by Fire Chief Jim
Budzinski) Dr. Ulin accepted and Fire Chief Budzinski said commended Dr. Ulin for his
efforts. Dr. Ulin thanked the Mayor and Commission, City Manager, Fire Department
and staff, and said this recognition is not just for himself but for the entire City. Dr. Ulin
recognized the firefighters in the audience and said he is honored to be associated with
this group.
C. Presentation of a proclamation by Mayor Flansbaum-Talabisco recognizing
Station 41, C Shift as "Broward General Medical Center's Paramedics of the Year".
(Requested by Fire Chief Jim Budzinski) Battalion Chief Percy Sayles, Lieutenants Rex
Van Mehren and Michael Wilton, and Firefighter/Paramedics Bart Badgwell and Jennifer
Dugger accepted. Mayor Flansbaum-Talabisco spoke of the memorial dedication
ceremony for Brian Tephford at BSO District VII headquarters and said it showed that
teamwork between our firefighters and BSO is paramount.
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d. Presentation of a proclamation by Mayor Flansbaum-Talabisco recognizing
Lieutenant Patty Barreiro, Firefighter/Paramedic Kevin Gjertsen, and Firefighter/EMT
Daniel Mariano as "North Broward Medical Center's Paramedics of the Year".
(Requested by Fire Chief Jim Budzinski) Lieutenant Patty Barreiro and Firefighter/EMT
Daniel Mariano accepted.
e. Presentation by Mayor Flansbaum-Talabisco of Employee Service Awards:
5-year Awards: Robert Colangelo, Service Worker I, Public Works; Melissa Petron,
Special Events Coordinator, Parks & Recreation; Hariram Preetam, Service Worker
Crewleader Storm, Public Works.
REPORTS
2. City Commission: Mayor Flansbaum-Talabisco said this is Chief Dugger's last
meeting with us as he is retiring to North Carolina, and she acknowledged Mrs. Dugger
in the audience. Mayor Flansbaum-Talabisco said last Friday evening she had the
honor and pleasure of meeting the "Charlie" shift and spending three hours with Chief
Dugger during a ride -along. Mayor Flansbaum-Talabisco said she respects what BSO
and firefighters do as they do not know what is waiting for them at any given stop.
Mayor Flansbaum-Talabisco thanked Chief Dugger for helping keep the City safe and
said he has set a high standard. Chief Dugger thanked the Mayor and Commission and
City Manager, and said serving as chief of the Tamarac district for the last six years has
been the highlight of his 32 years in law enforcement, and added nothing would have
been possible without the fine staff assigned to Tamarac. Mayor Flansbaum-Talabisco
said two weeks ago the Special Olympics dinner was held at Colony West with over 250
in attendance. The Parks and Recreation Department received an award in recognition
of its support of Special Olympics in Broward County, and the Bulldogs, Special Needs
Color Guard and BSO Sgt. Logan received awards as well. Westway Towing received
special recognition. Tamarac Theater of Performing Arts is celebrating its 26t year and
will host performances throughout the summer.
Commissioner Portner said at Monday's workshop, he questioned the Special
Magistrate fee and asked the City Manager for a breakdown. The cost has been
$11,890 but collections have amounted to $63,454. Commissioner Portner thanked
City Manager Miller for the information.
Commissioner Atkins -Grad had no report.
Vice Mayor Sultanof said Tamarac is still in a growing mode. There was a ground
breaking for the new Utilities building, which will also house the IT Department. Vice
Mayor Sultanof commended and thanked City Manager Miller for his due diligence in
regard to the land; we were able to purchase the 10 acres for 15 cents/foot and it is now
worth 90 cents/foot. Vice Mayor Sultanof said the building will be gorgeous and is laid
out well, and will provide safety and soundness for our phone and computer systems.
Vice Mayor Sultanof congratulated and thanked Commissioner Portner for his efforts
over the years regarding annexation. Vice Mayor Sultanof said the report from Lobbyist
Russ Reid is disappointing, but he feels the groundwork is there, and they made it clear
June 27, 2007
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it would take a couple years to see results. All of our representatives and senators are
involved in Tamarac and Vice Mayor Sultanof is hopeful we will receive money for the
overpass and Main Street projects. Vice Mayor Sultanof recognized Sylvia Sultanof in
the audience and thanked Chief Dugger for keeping everything going well in Tamarac.
This City Commission has an open door policy and operates in the sunshine; staff is
doing the job they have to do.
3. City Attorney: Assistant City Attorney Klahr had no report.
4. City Manager: City Manager Miller congratulated Chief Dugger and said the
Executive Team and City Commission took the chief to lunch in honor of his retirement.
City Manager Miller said Chief Dugger's service was exemplary and he is the finest
chief City Manager Miller has ever known. City Manager Miller reported a lunch with
Uncle Sam and Betsy Ross will be held at noon today at Tamarac Community Center,
sponsored by VITAS Innovative Hospice Care. City Manager Miller invited everyone to
the All American Celebration on July 4th at the Tamarac Sports Complex from 6:00 p.m.
— 9:30 p.m. The event is free and will include a live concert, Uncle Sam and Betsy
Ross, and fireworks. City Manager Miller pointed out the banner in Chambers with the
new vision statement adopted by the City Commission. City Manager Miller read aloud:
"The City of Tamarac, our community of choice — leading the nation in quality of life
through safe neighborhoods, a vibrant economy, exceptional customer service and
recognized excellence." City Manager Miller said the vision statement was put together
by all members of the staff, City Commission and Chamber of Commerce. The
Strategic Plan was discussed at the Commission retreat and will be on the next
commission meeting agenda for approval; it will then be sent to every resident and
business in Tamarac. City Manager Miller congratulated the Mayor and Commission
and staff for all their hard work.
PUBLIC PARTICIPATION
5. Steve Breen, 8800 NW 96th Terrace, spoke about City Code Section 14-32 and
state statute regarding fines for expired tags, and the City's budget and operations.
Vice Mayor Sultanof agreed the 1975 law should be looked at but he is distressed with
Mr. Breen's comments regarding City operations. Mayor Flansbaum-Talabisco said she
is open to looking into the law and City Manager Miller said staff will do so and report
back to the Mayor and Commission. Commissioner Portner said everybody who works
until they get a raise is on a fixed income and he would prefer another term be used
instead of fixed income. Patti Lynn, 6411 NW 58 Street, Tamarac, spoke about item
6(d) on the consent agenda, staff compensation, Main Street, lobbyists, televising
Commission meetings and annexation. Vice Mayor Sultanof said the County must put
infrastructure in place before property is annexed into the City. Marsha Gallagher, 6181
NW 55 Lane, Tamarac, spoke of deteriorating conditions in Shaker Village and the need
for more police presence. Chief Dugger said BSO is aware of the situation and has had
enforcement in the area, but the problem is lack of cooperative effort on the part of the
community. Vice Mayor Sultanof said it is incumbent on the HOA to be a part of the
enforcement efforts as residents are the first line of defense. Commissioner Portner
said he is aware of this and has spoken to Shaker Village. They are trying and although
he understands Ms. Gallagher's frustration, police cannot be there all the time.
June 27, 2007
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CONSENT AGENDA
6. Mayor Flansbaum-Talabisco requested removal of Item 6(f) for discussion. Vice
Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval of all items on
the consent agenda with the exception of Item 6(f), which was removed for discussion.
On roll call Vice Mayor Sultanof voted "yes", Commissioner Portner "yes",
Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion
carried.
a. APPROVE the minutes of the June 13, 2007 Regular City Commission meeting.
APPROVED
b. INTERLOCAL AGREEMENT — FY05/06 HOME FUNDS: (TR11207) Approving
the Interlocal Agreement between the City of Tamarac and Broward County to provide
for the City of Tamarac to be designated as a subrecipient for the HOME Consortium
and for disbursement of $139,795.00 in HOME funds for fiscal year 2005-2006.
RESOLUTION NO. R2007-85
C. INTERLOCAL AGREEMENT — FY06/07 HOME FUNDS: (TR11208) Approving
the Interlocal Agreement between the City of Tamarac and Broward County to provide
for the City of Tamarac to be designated as a subrecipient for the HOME Consortium
and for disbursement of $129,377.00 in HOME funds for fiscal year 2006-2007.
RESOLUTION NO. R2007-86
d. 2005 CDBG DISASTER RECOVERY INITIATIVE AGREEMENT FOR
DISASTER FUNDS: (TR11209) Approving the Interlocal Agreement between the City of
Tamarac and Broward County to provide for funding for citywide single unit and multi-
unit housing rehabilitation in the amount of $723,804 as part of the 2005 Community
Development Block Grant Disaster Recovery Initiative from the Florida Department of
Community Affairs.
RESOLUTION NO. R2007-87
e. AWARDING RFP 07-21 BR — DISASTER DEBRIS REMOVAL SERVICES:
(TR11204) Awarding RFP No. 07-21 BR to Ashbritt, Inc. and DRC Emergency Services,
LLC for Disaster Debris Removal Services; authorizing the appropriate City officials to
execute agreements with Ashbritt, Inc. and DRC Emergency Services, LLC for Disaster
Debris Removal Services.
RESOLUTION NO. R2007-88
f. USER FEES — PARKS AND RECREATION DEPARTMENT: (TR11222)
Establishing user fees for the Parks and Recreation Department programs, services and
facilities at City parks and recreation facilities effective Fiscal Year 2008.
REMOVED FOR DISCUSSION
g. LHAP TECHNICAL AMENDMENT: (TR11223) Approving the amendment of the
Local Housing Assistance Plan (LHAP) for Fiscal Years 2004-2005, 2005-2006, and
2006-2007 to provide for increases in the allocation for purchase assistance subsidies;
providing for certification of consistency with the City's Comprehensive Plan.
RESOLUTION NO. R2007-89
h. SPECIAL EXCEPTION APPLICATION FEE REFUND: (TR11224) Authorizing a
refund of $2,000.00 to David Baldwin of Fun Expedition of Florida, Designated Agent for
B.E.M. Holding Corporation for a Special Exception Application Fee, collected for the
Tamarac Fun Expedition Project (Case No. 10-MI-07).
RESOLUTION NO. R2007-90
June 27, 2007
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i. VACATION OF EASEMENT — TAMARAC BUSINESS CENTER: (TR11226)
Granting a Vacation of Easement to vacate three (3) easements lying in the "Tamarac
Business Center Section 2" Plat (Plat Book 61, Page 50), located at the southeast
corner of Commercial Boulevard and State Road 7/US 441; (Case No. 1-P-07).
RESOLUTION NO. R2007-91
j. WATER METER PURCHASE: (TR11227) Purchasing water meters from
Neptune Technology Group, Inc., via their local distributor, Sunstate Meter & Supply,
Inc., utilizing the City of Pompano Beach Bid Number H-41-07; authorizing an annual
expenditure in an amount not to exceed $120,000 for said purpose.
RESOLUTION NO. R2007-92
k. PURCHASE OF WATER METER FITTINGS WATER LINE ACCESSORIES
AND METER BOXES: (TR11228) 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, 2007 through June 28, 2008; authorizing the purchase of water meter
fittings, water line accessories and meter boxes in an amount not to exceed $90,000.
RESOLUTION NO. R2007-93
I. INTERLOCAL AGREEMENT — UNIFORM COLLECTION AND
ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS: (TR11229) Executing an
interlocal agreement between Broward County and the City of Tamarac concerning the
uniform collection and enforcement of non -ad valorem assessments.
RESOLUTION NO. R2007-94
M. COMPENSATION INCREASE FOR SPECIAL MAGISTRATES: (TR11230)
Approving and authorizing an increase in the hourly rate of compensation for the City's
Special Magistrates from one hundred dollars ($100.00) per hour to one hundred
twenty-five ($125.00) per hour.
RESOLUTION NO. R2007-95
END OF CONSENT AGENDA
6(f). USER FEES — PARKS AND RECREATION DEPARTMENT: (TR11222)
Establishing user fees for the Parks and Recreation Department programs, services and
facilities at City parks and recreation facilities effective Fiscal Year 2008. Parks and
Recreation Director Warner said there was discussion at Monday's workshop regarding
what age group qualifies as being senior citizen. Currently the AARP guideline is
followed which defines age 55 and above as senior citizen. Parks and Recreation
Director Warner said staff determined there are 34 members of the Senior Program
between 55 and 59 years old and he would prefer to remain consistent to enable
participants in this age group to remain in the program. Parks and Recreation Director
Warner added he would like to be consistent with 55 for the fitness and aquatic centers
as well. Commissioner Portner said he is against discriminating and asked the Mayor
and Commission to establish one fee for everybody. Commissioner Portner said
retirement age for Social Security is 62 and asked the Mayor and Commission to make
62 the senior citizen age rather than 55 in order to collect more revenue. Mayor
Flansbaum-Talabisco asked whether the participants in the Senior Program could be
grandfathered in, and Assistant City Attorney Klahr said if the age is raised for the
discounted fee and the participants were grandfathered in, they would be required to
renew each year; otherwise they would lose the discount. Mayor Flansbaum-Talabisco
June 27, 2007
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said if there was no grandfathering 34 people would have to pay a higher rate. Parks
and Recreation Director Warner clarified these people would not be eligible to
participate in the Senior Program; only the fitness room and aquatic center members
would have to pay more. Presently, those under 55 years old are not eligible to sign up
for the Senior Program. This is not a cost differential for the Senior Program, only for
the fitness and aquatic centers. Commissioner Portner said AARP is a private
association and questioned why we have to follow their guideline. Parks and
Recreation Director Warner responded we do not necessarily have to follow AARP but
we used their guideline when Tamarac Community Center opened. Commissioner
Portner said many seniors are working until 70-80 years old and the government is
looking at setting social security at 70. Commissioner Portner said he does not like the
idea of discrimination against those who are pre -senior age. Parks and Recreation
Director Warner said Tamarac has a large senior population and we want to attract
them to our programs. Commissioner Portner said younger people have to work,
oftentimes both adults in the same household are working and paying mortgages.
Commissioner Portner asked why when they go to a movie, they must pay more than
he pays. Parks and Recreation Director Warner said there are two separate areas
under discussion, the Senior Program that runs Monday -Friday, 8:00 a.m.-4:00 p.m.
and whose eligibility is 55 or older, and the fitness center and aquatic center, which
provide for a 10% discount on the annual membership fee for those 55 years old and
above. Vice Mayor Sultanof questioned how we would make an adjustment for the 34
members of the senior program and Parks and Recreation Director Warner said if we
choose to increase the age, there would be an impact to this program and he would
work with the city attorney to adapt the new eligibility. Vice Mayor Sultanof said he does
not feel seniors get a whole grab bag and we need to find a method of equity within the
confines of legality. City Manager Miller recommended the Mayor and Commission
leave things as they are at the present and staff will perform a comprehensive study to
be sure we do not shut anyone out. Mayor Flansbaum-Talabisco questioned the time
frame and City Manager Miller said we will revisit the issue in August. Vice Mayor
Sultanof seconded by Commissioner Atkins -Grad moved approval. On roll call Mayor
Flansbaum-Talabisco voted "yes", Commissioner Atkins -Grad "yes", Commissioner
Portner "yes", and Vice Mayor Sultanof "yes". Motion carried.
RESOLUTION NO. R2007-96
REGULAR AGENDA
ORDINANCES — FIRST READINGS
There were no ordinances scheduled for first reading.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
There were no ordinances scheduled for second reading.
I
June 27, 2007
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QUASI-JUDICIAL HEARINGS
7. DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — WALGREEN'S
PHARMACY: (TR11225) Motion to approve Resolution issuing Development Order No.
305.1 and granting Major Revised Site Plan approval for Walgreen's Pharmacy to allow
for the construction of a 14,820 square foot Walgreen's Pharmacy with a double lane
drive-thru, along with a Parking Waiver to reduce the number of required parking
spaces from seventy-five (75) to fifty-one (51) and to allow 33 parking spaces at 9' by
18' with associated landscaping, and infrastructure improvements for a parcel of land
located at the southeast corner of Commercial Boulevard and State Road 7/US 441,
and authorizing the appropriate city officials to accept and execute a Blanket Public
Safety Ingress/Egress easement (hereto attached as Exhibit 1 ") with FPIP XIV, LLC for
the Walgreen's Pharmacy Project, authorizing and directing the city clerk to record said
agreement in the Public Records of Broward County, Florida (Case No. 15-SP-06);
providing for conditions of approval. Assistant City Attorney Klahr read Temporary
Resolution 11225 by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad
moved approval. Assistant City Attorney Klahr explained the quasi-judicial procedures
and said any documents, backup or other evidence entered for the Commission's
review and consideration will be made part of the permanent record. Assistant City
Clerk Schneider swore in all those who wished to speak on this item, including applicant
and staff. Commissioner Portner seconded by Commissioner Atkins -Grad moved to
table Temporary Resolution 11225 to the August 22, 2007 Commission meeting for
further study. Assistant City Attorney Klahr said the applicant has to come forward and
agree. Trey Morgan, Designated Agent for the owner, said he objected to tabling the
item. Assistant City Attorney Klahr said the applicant has stated his position for the
record and the Mayor and Commission have a right to table the matter for further study
and discussion. On roll call Mayor Flansbaum-Talabisco voted "yes", Commissioner
Portner "yes", Commissioner Atkins -Grad "yes", and Vice Mayor Sultanof "yes". Motion
carried.
TABLED TO THE AUGUST 22, 2007 CITY COMMISSION MEETING AT OR AFTER
9:00 A.M.
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 10:25
a.m.
Tom Schneider, CMC
Assistant City Clerk
June 27, 2007
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ieth Flansbaum-TaTabis•
Mayor