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HomeMy WebLinkAbout2009-07-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL - COMMISSION CHAMBERS WEDNESDAY JULY 8, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, July 8, 2009, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad, Commissioner Pamela Bushnell, Commissioner Diane Glasser, 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 Glasser led the Pledge of Allegiance. Nathaniel Blank sang "God Bless America". PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a plaque by Randy Hibschman, representing Challenger Baseball 2. City Commission Reports: Commissioner Bushnell thanked the Mayor and current City Commission, former Commissioners, City Manager Miller and staff for doing a great job with the budget this past year, so that Tamarac residents could enjoy an awesome July 4th celebration, and said she hopes this Commission will be able to take care of next year's budget in these hard economic times. Mayor Flansbaum-Talabisco thanked Commissioner Bushnell for representing the Kiwanis Club at the July 4th event and doing face painting. Vice Mayor Atkins -Grad said she is still basking in the afterglow of the spectacular July 4th event, the fireworks were first rate, and a number of people from other cities were in attendance; Tamarac is getting a reputation for hosting wonderful events. Vice -Mayor Atkins - Grad said she hopes we will be able to continue these programs in the coming budget year. Commissioner Glasser said this year's fireworks display was, by far, the best she has seen. Commissioner Glasser said she serves on the University Hospital Board and the new administrator, who has held the position for three years, took hold of the hospital and sees the need for change in all areas. We can be proud to have this hospital in Tamarac. The administrator surveys the patients and takes any complaints or criticisms to heart and makes changes where appropriate and beneficial to the hospital and community; he then reports back to the patients the progress of their comments. Commissioner Dressler had no report. Mayor Flansbaum-Talabisco said she received a phone call from Congressman Wasserman- Schultz's top legislative aide, and then spoke to our Federal Lobbyist regarding our requests for federal funding. Mayor Flansbaum-Talabisco read into the record a report from Ms. Gelnavich, our Federal Lobbyist (a copy of which is attached hereto and incorporated as part of these minutes.) There is funding in the works for our solar panel and Pine Island overpass projects. Mayor Flansbaum-Talabisco thanked Assistant City Manager Phillips and staff for their efforts on behalf of Tamarac. 3. City Attorney Goren distributed a copy of the Hometown Democracy Petition (a copy of which is attached hereto and incorporated as part of these minutes) and discussed the proposed amendment to the Florida Constitution with regard to land use and comprehensive plan amendments. City Attorney Goren said he is not sure if the Florida Supreme Court will authorize this item to go forward; the ballot question has not yet been created. Commissioner Dressler asked who is behind the petition and City Attorney Goren responded Florida Home Town Democracy, Inc. out of New Smyrna Beach. Commissioner Dressler discussed the FHTD's agenda and the possibility that this type of legislation could erode home rule. Vice - Mayor Atkins -Grad spoke of people collecting signatures outside malls and the fact that the average person is unaware of what the petitions say and their effect upon the public. Commissioner Glasser said by signing the petition people are not voting but rather this gives them the opportunity to put a question on the ballot; there are many such petitions around. It will be costly to the public to put these items on ballots. City Attorney Goren spoke of the proposed challenge to SB360 and said as of this afternoon, the City of Weston has filed a lawsuit, and several other cities have joined in; the complaint is based upon the premise that SB360 is an unconstitutional unfunded mandate not supported by 2/3 of the House and Senate; and the Bill, because it has morphed from February 2009 to May 2009, violates the single subject rule. City Attorney Goren asked the Mayor and City Commission to keep an open mind as to whether or not they want to join in the lawsuit. Mayor Flansbaum-Talabisco said she would like to see what is happening before making a decision as to the benefit of joining in the lawsuit. Commissioner Dressler spoke of apathy and cynicism as reasons people do not participate in local government. Commissioner Bushnell said it is her belief that when there is a controversy, people come to City Hall. 4. City Manager Miller reported on the Bill Shearer International ALS/BLS Competition in Orlando, and said our paramedics did well, coming in 8th in the competition. City Manager Miller said the Uncle Sam/Betsy Ross luncheon was well attended. Approximately 6,000 attended the July 4th ceremony and City Manager Miller read a selection of complementary Twitters regarding the event. 5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street thanked Mayor Flansbaum-Talabisco for attending the final Board Meeting of the Woodmont Property Owners' Association. Mr. Schneider commended the staff and leadership for putting on the wonderful July 4th event and for making Tamarac a wonderful place in which to live. Mr. Schneider asked the Mayor and City Commission to take a stand on the democratic rule City Attorney Goren reported on, and Mayor Flansbaum-Talabisco responded the Mayor and City Commission 2 passed a resolution on that topic several months ago. Commissioner Dressler spoke about legislation that forbids a local government from advocating for or against an item. Anthony Russo, 7750 W McNab Road, spoke about condominium restrictions in his building with regard to age limitations and asked the Mayor and City Commission for help to lift the restrictions. City Attorney Goren said aside from the Ombudsman he would suggest Mr. Russo check with the Division of Land Sales and Condominiums in Tallahassee. Mayor Flansbaum-Talabisco suggested Mr. Russo confer with Vice -Mayor Atkins -Grad, who represents District 2 on the Commission. CONSENT AGENDA 6. City Manager Miller asked that Item 6(f), Temporary Resolution 11653 be removed from the consent agenda for discussion. Vice -Mayor Atkins -Grad, seconded by Commissioner Dressler moved approval of items 'a' through 'e' on the consent agenda. On roll call, Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Vice -Mayor Atkins -Grad "yes", Commissioner Glasser "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVAL OF THE MINUTES OF THE JUNE 24, 2009 COMMISSION MEETING APPROVED b. TR 11639 - SCHOOL CROSSING GUARD SERVICES AGREEMENT: authorizing the appropriate City officials to exercise the first renewal option of the agreement between the City of Tamarac and Action Labor of Florida, LLC (AKA: Staffing Connection) providing for crossing guard services effective upon execution of an agreement amendment renewing the agreement through September 30, 2011; for a rate of $10.90 per hour. RESOLUTION NO. R2009-88 C. TR 11643 - SEASONAL CONTRACT LABOR FOR CANAL MAINTENANCE: Authorizing an expenditure not to exceed $44,000 for seasonal labor utilizing the State of Florida Agreement with Deanna Enterprises, Inc.; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2009 -89 d. TR 11644 -RENEWAL OF AGREEMENTS FOR ENGINEERING AND ARCHITECTURAL CONTINUING SERVICES: Authorizing the appropriate City Officials to renew Agreements with the following ten (10) consulting firms to provide engineering and architectural continuing services on an "As Needed" basis: 1) Bermello, Ajamil & Partners, Inc.; 2) Carter Burgess, now known as, Jacobs Engineering Group, Inc.; 3) Corzo, Castella, Carballo, Thompson, Salman, P.A.; 4) B.E.A. International Corporation, Inc.; 5) GLE Associates, Inc.; 6) Saltz Michelson Architects, Inc.; 7) Chen and Associates Consulting Engineers, Inc.; 8) Eckler Engineering, Inc.; 9) HSQ Group, Inc.; 10) Matthews Consulting, Inc. RESOLUTION NO. R2009 -90 e. TR 11647 BSO KALWALL ROOF REPLACEMENT: Authorizing the appropriate City officials to execute an Agreement with Specified Architectural Systems, Inc., a sole source distributor, for the replacement of the translucent panel roof system at Broward Sheriffs Office Building authorizing an expenditure not to exceed $104,390.00, which includes a contract price of $94,900.00 and a project contingency of $9,490.00. RESOLUTION NO. R2009 -91 f. TR 11653 REFUNDING SALES TAX REVENUE BOND, SERIES 2009 (TR11653). PULLED FOR DISCUSSION f. TR 11653 REFUNDING SALES TAX REVENUE BOND, SERIES 2009 City Attorney Goren read Temporary Resolution 11653, Revision 2, by title. Vice -Mayor Atkins -Grad seconded by Commissioner Dressler moved approval. Deputy City Manager/Interim Financial Services Director Cernech gave a presentation and explained the revisions: negotiated a rate lock agreement with Bank of America (BOA) at 3.7%, clarified future taxability of the debt, BOA asked for language with regard to the City providing an annual financial statement after our annual audit, additionally language with regard to an anti - dilution test was added, said language was included in the 2005 bonds. Language was eliminated that would provide for mandatory arbitration if there is a disagreement between the parties. Deputy City Manager/Interim Financial Services Director Cernech also discussed the debt service delivery agreement which Wachovia wants to terminate. The City had already decided to terminate the agreement with Wachovia; however, Wachovia wants to terminate the agreement before July 16, which is why this is being brought before the Mayor and City Commission tonight. City Attorney Goren said terminating this agreement would accomplish a cost savings to the City and would require a separate motion. Commissioner Dressler seconded by Vice -Mayor Atkins -Grad moved approval of TR11653, as amended. On roll call Commissioner Glasser voted "yes", Commissioner Bushnell "yes", Vice -Mayor Atkins -Grad "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009-92 Commissioner Glasser seconded by Commissioner Bushnell moved approval of the termination of the debt service forward delivery agreement and payment of the termination fee and associated costs, including and without limitation brokerage fees. On roll call Vice -Mayor Atkins -Grad voted "yes", Commissioner Dressler "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Dressler said he would like to know the numbers and related fees as soon as the figures are calibrated. END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING 7. TO 2179 - EMERGENCY ACCESS FOR DISASTER DEBRIS REMOVAL: Motion to adopt Ordinance on first reading amending Chapter 9 of the City Code of Ordinances entitled, "Health, Sanitation and Nuisances", by amending Article II entitled, "Sanitary Nuisances", by adding Division 4 entitled, "Disaster Access and Debris Removal", by adding Section 9-67 4 entitled, "Purpose", by adding Section 9-68 entitled, "Findings of Fact", by adding Section 9-69 entitled, "Access for Emergency Response and Disaster Debris Removal", by adding Section 9-70 entitled, "Collection and Removal of Disaster Debris", by adding Section 9-71 entitled, "Disaster Debris from Residential Property", by adding Section 9-72 entitled, "Disaster Debris from Non-residential Property", by adding Section 9-73 entitled, "Determination of Immediate Threat to Life, Health or Safety", by adding Section 9-74 entitled, "City and Federal Government Indemnification, Defense and Hold Harmless"; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2179 on first reading by title. Vice -Mayor Atkins -Grad seconded by Commissioner Glasser moved adoption. On roll cale Commissioner Bushnell voted "yes", Vice -Mayor Atkins - Grad "yes", Commissioner Dressler "yes", Commissioner Glasser "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING JULY 8, 2009 PUBLIC HEARING(S) 7:00 PM OR THEREAFTER 8. TR 11638 - NEIGHBORHOOD STABILIZATION PROGRAM 2 GRANT APPLICATION: Authorizing the appropriate officials to submit a competitive grant application for the Neighborhood Stabilization Program 2 ("NSP2") funds under the American Recovery and Reinvestment Act, 2009. City Attorney Goren read TR11621 by title. Vice -Mayor Atkins -Grad seconded by Commissioner Dressler moved approval. Housing Administrator Bauldree gave a presentation. Commissioner Dressler said this is good news and he wants to get the word out that if the City qualifies for the NSP2, Woodmont is included. Mayor Flansbaum-Talabisco asked when we would know if we qualify and Housing Administrator Bauldree said late fall with funding in January. Open enrollment will be held after we are notified of the award. Commissioner Bushnell confirmed the entire City would qualify if we are awarded the NSP2 funding. 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 Dressler "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009-93 9. TR11621 CDBG FY 2009/2010 ANNUAL ACTION PLAN: Approving the projects recommended for inclusion in the fiscal year 2009/2010 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds estimated to be $420,536 for the tenth program year (Case No. 15-MI-09). City Attorney Goren read Temporary Resolution 11621 by title. Vice -Mayor Atkins -Grad seconded by Commissioner Dressler moved approval. 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 Dressler "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009-94 ORDINANCE— SECOND READING 5 10. TO2171 COMPREHENSIVE PLAN WATER SUPPLY: Motion to adopt Ordinance on second reading amending the Capital Improvements Element, Intergovernmental Coordination Element, Infrastructure Element and Conservation Element of the City of Tamarac's Comprehensive Plan consistent with the City's ten-year Water Supply Facilities Plan; authorizing transmittal of the 10 year Water Supply Facilities Plan and Comprehensive Plan Amendments to the Department of Community Affairs and other agencies as required by rule 9J-11, F.A.C; (Case No. 24-MI-08) providing for inclusion in the Comprehensive Plan; providing for conflicts; providing for severability; and, providing for an effective date. City Attorney Goren read TO2171 by title on second reading. Commissioner Dressler seconded by Vice -Mayor Atkins -Grad moved adoption. Planning and Zoning Manager Zicker 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 Dressler voted "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", Vice -Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING FEBRUARY 11, 2009 ADOPTED ON SECOND READING JULY 8, 2009 ORDINANCE NO.0-2009-06 QUASI-JUDICIAL HEARING(S) There were no quasi-judicial hearings scheduled for this meeting. END OF QUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) 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 8:45 p.m. Marion Swenson, CMC City Clerk 2 & I Beth Flansbaum-Talabisco Mayor Pat Teufel From: Debbie DeCrane Sent: Thursday, July 09, 2009 12:20 PM To: Marion Swenson; Pat Teufel Subject: FW: Mayor Talabisco asked me for this for tonight's meeting - would you forward pis From: Regina Skenandore Sent: Wednesday, July 08, 2009 4:11 PM To: Beth Flansbaum-Talabisco Subject: FW: Mayor Talabisco asked me for this for tonight's meeting - would you forward pis Please see the following information for tonight's meeting from Val Gelnovatch. Gina Skenandore Administrative Coordinator Office of the City Manager 7525 NW 88th Avenue, Tamarac, FL 33321 Ph: 954-597-3512 Fax: 954-597-3520 The City For Your Life ' reginas(a)tamarac.org From: Val Gelnovatch Sent: Wednesday, July 08, 2009 2:49 PM To: Diane Phillips Subject: Mayor Talabisco asked me for this for tonight's meeting - would you forward pis The House Commerce, Justice, State appropriations FY10 bill includes $300,000 for the Tamarac Interoperability project, and was sponsored by all 3 of your members. It is unprecedented for all 3 of your House members to sponsor one project in the same bill. The bill passed the House Floor on June 18th. The Senate bill is expected to go to the Senate floor later this month. And the respective bills will be conferenced after the August congressional recess. The House Energy and Water appropriations FY10 bill includes $800,000 for Tamarac's Solar Energy project, and was sponsored by Congresswoman Wasserman Schultz. The funding included in this bill represents the full $800,000 that the City requested for your solar panel project, which is an excellent accomplishment. The House bill is tentatively scheduled to go to the House floor on July 15th. The Senate Energy and Water subcommittee just marked up its appropriations bill. Full committee mark-up is not yet scheduled. The House Transportation bill is tentatively scheduled to be marked up in subcommittee on July 15th. We will be looking for funding in this bill for the Pine Island Pedestrian Overpass and the Main Street Revitalization Streetscape project. Val Gelnovatch The Ferguson Group 714 Anastasia Avenue Coral Gables, FI 33134 0-305-442-0501 C-202-270-4074 yelnovatch@tfgnet.com AThink 1)efore yoti print CONSTITUTIONAL AMENDMENT PETITION FORM 104.185 — A person who knowingly signs a petition or petitions for a candidate, minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 1 am a registered voter of Florida and hereby petition the Secretary of State to place the following amendment to the Florida Constitution on the ballot i n the next general election. 1 AM REGISTERED TO VOTE IN COUNTY. NAME STREET ADDRESS Please PRINT Name as it appears on Voter I.D. Card PRINT Current Physical Address (NO PO BOXES) CITY , FL ZIP , USA COUNTY (County of residence) IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION IN SAME COUNTY? Yes_ No_ VOTER REGISTRATION NUMBER -or- DATE OF BIRTH / / Month Day Year DATE SIGNATURE AS IT APPEARS ON VOTER I.D. CARD DATE SIGNED BALLOT TITLE: REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS. BALLOT SUMMARY: Establishes that before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, the proposed plan or amendment shall be subject to vote of the electors of the local government by referendum, following preparation by the local planning agency, consideration by the governing body and notice. Provides definitions. FULL TEXT OF PROPOSED AMENDMENT: BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT: Article II, Section 7. Natural resources and scenic beauty of the Florida Constitution is amended to add the following subsection: Public participation in local government comprehensive land use planning benefits the conservation and protection of Florida's natural resources and scenic beauty, and the long-term quality of life of Floridians. Therefore, before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, such proposed plan or plan amendment shall be subject to vote of the electors of the local government by referendum, following preparation by the local planning agency, consideration by the governing body as provided by general law, and notice thereof in a local newspaper of general circulation. Notice and referendum will be as provided by general law. This amendment shall become effective immediately upon approval by the electors of Florida. For purposes of this subsection: 1. "Local government" means a county or municipality. 2. "Local government comprehensive land use plan" means a plan to guide and control future land development in an area under the jurisdiction of a local government. 3. "Local planning agency" means the agency of a local government that is responsible for the preparation of a comprehensive land use plan and plan amendments after public notice and hearings and for making recommendations to the governing body of the local government regarding the adoption or amendment of a comprehensive land use plan. 4. "Governing body" means the board of county commissioners of a county, the commission or council of a municipality, or the chief elected governing body of a county or municipality, however designated. Serial Number 05-18 Return to: Florida Hometown Democracy, Inc., P.O. Box 636 New Smyrna Beach, FL 32170-0636 pd.pol.adv., Florida Hometown Democracy, Inc. Date Approved June 21, 2005 www.FloridaHometownDemocracy.com phone: (866) 779-5513 email: info@floridahometowndemocracy.com PLEASE DONATE! Contributions should be made payable to "Florida Hometown Democracy, Inc."