HomeMy WebLinkAbout2006-07-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY JULY 12, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 7:00 p.m. on Wednesday, July 12, 2006 in Chambers at
Tamarac City Hall, 7525 N.W. 88th Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner,
Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
Commissioner Patte Atkins -Grad led the pledge of allegiance.
INTRODUCTION
PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a plaque by John Pieno of the Florida Sterling Council to the City
of Tamarac recognizing the City's achievement of taking the Sterling Navigator
employee survey and conducting the site visit by Florida Sterling Examiners. The
Mayor and Commissioners accepted. Mr. Pieno congratulated the new commissioners
and said he is proud of what the Mayor and City Commission have accomplished in a
short period of time, as well as the results of the Navigator and the site visit. Mr. Pieno
continued, saying Sterling does not work unless the leaders drive the process and it is a
journey. The Challenge is coming down the pike and the City has its teams in place.
Mr. Pieno said he knows Tamarac will do well. Mayor Flansbaum-Talabisco thanked
City Manager Miller and staff for suggesting Tamarac get involved in this process and
for explaining the process and encouraging the Mayor and City Commission to move
forward.
b. Presentation of a plaque to the Mayor and City Commission by Randy Hibshman,
for the Mayor and City Commission's support of the Challenger Baseball League. The
Mayor and Commissioners accepted. Mayor Flansbaum-Talabisco said the Challenger
Baseball League is phenomenal and encouraged everyone to become involved. Mr.
Hibshman explained the league is for those with all types of disabilities and it is
separate from the Special Olympics. The league provides everything necessary for the
children to participate at no cost to the families.
C. Presentation by Mayor Flansbaum-Talabisco of a Certificate of Completion to
Commissioner Patte Atkins -Grad for attendance at the Institute for Elected Municipal
Officials and completion of 18-hours of instruction. Commissioner Atkins -Grad
accepted and Mayor Flansbaum-Talabisco said she and the commissioners are proud
of Commissioner Atkins -Grad.
July 12, 2006
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2. City Commission: Mayor Flansbaum-Talabisco reminded everyone that this is
the last meeting before the commission break, and she wished staff a productive month.
Mayor Flansbaum-Talabisco reported on several a -mails and phone calls she received
from residents complimenting the City on its services and events, in particular the July
4t" Celebration and the Building and Code Compliance Department. Mayor Flansbaum-
Talabisco reported on a meeting she had with School Board Member Stephanie Kraft
and Commissioner Atkins -Grad wherein they caught up on things pertaining to
Tamarac, and this fall Tamarac will hold its first Educational Summit. Mayor
Flansbaum-Talabisco and City Manager Miller met with the executive director of Art
Serve and Art Serve will have a presence in Tamarac. Mayor Flansbaum-Talabisco
asked for a moment of silence in honor of former Mayor/Commissioner Norman
Abramowitz who passed away July 4t" weekend. Mayor Flansbaum-Talabisco said
former Mayor/Commissioner Abramowitz touched all our lives in one way or another.
Vice Mayor Portner spoke of this past Monday's workshop wherein the lobbyists from
Washington, D.C. (the Russ Reid Corporation) informed the City in 2007 we will receive
$700,000 for projects. Mayor Flansbaum-Talabisco complimented Vice Mayor Portner
for bringing these lobbyists to Tamarac.
Commissioner Sultanof reported that before the Mayor and City Commission leave for
their hiatus things have been put into motion; the utilities department is moving into a
new building which will be shared with our I.T. department. Commissioner Sultanof said
he can not believe what staff has done; we will open our Aquatic Center and anticipate
the expansion of the Tamarac Community Center. The Tamarac Community Center is
smaller than Sunrise's community center but we have 400-500 people using it daily
while Sunrise has only 150-200 participants each day. We are progressing with our
Main Street Project and the Pine Island Road Overpass will take place through the
efforts of our lobbyists. The design is moving forward. Commissioner Sultanof said
Tamarac is in the 22"d Century; we are way ahead of other cities and Tamarac is the
fastest growing city in Broward County, and he is grateful to our staff for all they do.
Commissioner Dressler reported that District 4 held its first leadership institute meeting
and homeowner and condo association representatives came to City Hall to share
information. Representative Porth gave a legislative update; Deputy Chief Schuldt and
Van Schoen spoke about hurricane preparedness. The Mayor and City Commission
wish to reach out to the community in a proactive way to share information, and by
doing this we can make great things happen. Tamarac has been proactive working with
staff to bring in resources from outside the city to assist people who are still dealing with
the severe impact of last years hurricane season. Tamarac has a heart; we are looking
after our residents and doing the right thing; reaching out to help people in Tamarac.
Commissioner Atkins -Grad reported that District 2 held its first leadership meeting
today, with County Commissioner Ilene Lieberman and Fire Chief Jim Budzinski giving
presentations to the 25 presidents of different communities who were in attendance.
Mayor Flansbaum-Talabisco said this marks four months that the Mayor and City
Commission have been working together as a new board and she thanked each of the
July 12, 2006
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commissioners for the support they have shown the office of the Mayor. It is clear we
are a great board and actively doing proactive things for the City; people are proud of
what we are doing. The general spirit of the group is positive and proactive and the
Mayor and City Commission work together to make the best decisions for the City.
3. City Attorney: City Attorney Goren said he had distributed a memorandum to
the Mayor and City Commission regarding escheated property, which is property that for
non-payment of taxes is taken back by the County and if the property falls within the
boundaries of a municipality the County must convey the property to the municipality.
There have been concerns regarding the County's control over what a municipality may
do with the property and a recent AGO opined that it is inconsistent with state statutes
for the County to control or regulate what cities may do with escheated property. City
Attorney Goren reported on a recent Tampa Judge's certification of a class; the plaintiffs
are lawyers in Florida who are suing every city for having paid occupational license
taxes and he believes Tamarac is a named defendant. The Court will determine
whether it is legal to collect occupational license fees from lawyers. City Attorney Goren
said he would track the case as it moves forward.
4. City Manager: City Manager Miller reported the CLINCON Team from Tamarac
came in third in the preliminary competition in Orlando and the final event will be held on
Thursday. City Manager Miller spoke of an article in the Sun -Sentinel that stated crime
is on the rise in areas patrolled by BSO. In conversation with BSO Chief Dugger, City
Manager Miller said he learned crime is down in Tamarac and there are aggressive
enforcement procedures in place in Tamarac. There has been an increase in arrests
and our attention is focused on citizen quality of life, e.g., homelessness, illegal
narcotics traffic, code enforcement, and traffic. We are working to keep Tamarac safe.
City Manager Miller said Mr. Pieno of the Sterling Council is very impressed with the
City of Tamarac and Commissioners for supporting the Sterling program and City
Manager Miller said he appreciates the Mayor and City Commission's patience, as this
is a five -seven year process and we are already two years into it. City Manager Miller
said it is rare for a community to receive this recognition and award from the Sterling
Council at this stage of the process, and he hopes to have all of the Mayor and City
Commission at a Sterling Council in the next few years to accept the Governor's
Sterling Award.
PUBLIC PARTICIPATION
5. Burt Schneider, 8016 NW 72 Street, Tamarac, commended the Mayor and City
Commission and staff on the July 4t" celebration and the shuttle service. Mr. Schneider
spoke about the influx of small signs along University Drive and asked if Code
Enforcement could do something about eliminating them. Mr. Schneider said with
regard to the matter of former Mayor Schreiber wearing a T-shirt with the City Logo and
the word Mayor on it, he felt is was petty and demeaning for the Commission to make
so much of the matter. Mayor Flansbaum-Talabisco said she agreed with Mr.
Schneider with regard to the signs on University Drive, Mr. Schneider questioned the
Sterling Council and City Manager Miller explained what the award stands for and the
process the city must go through to achieve the award. City Manager Miller said only
two cities in Florida have received the award, Jacksonville and Coral Springs.
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Helen Stillwell, 7404 NW 75 Street, Tamarac, spoke about her area becoming a slum
and asked the City for assistance in getting the area cleaned up. Commissioner
Dressler said this morning he and several people on the Commission identified the
issue and he would like to coordinate a site visit. Commissioner Dressler said the
wheels of government may grind slowly, but the City does care. Commissioner Dressler
asked City Manager Miller to designate appropriate staff to tour the area and inventory
Ms. Stillwell's issues and we will bring every resource of the city available to address
the issue, which can also include policing functions. City Manager Miller said it is
interesting that Ms. Stillwell spoke this evening as two days ago Commissioner Dressler
had called and asked for a task force which is in the process of being mobilized. Mayor
Flansbaum-Talabisco thanked Ms. Stillwell for the way she approached the Mayor and
City Commission and said this issue is of concern not only to Ms. Stillwell but also the
Mayor and City Commission. Commissioner Dressler said he wants to make living in
Tamarac a quality experience for the residents and the Sterling Award is tied into
making this the best place, leaving no one behind. City Manager Miller and Mayor
Flansbaum-Talabisco said Director of Community Development King would take all the
pertinent information from Ms. Stillwell.
CONSENT AGENDA
6. Commissioner Dressler seconded by Commissioner Sultanof moved the addition
of Temp. Reso. 11010 to the Consent Agenda as item 6(p). Temp. Reso. 11010
Amending Resolution No. R-2003-62; Amending the Rules of Procedure for the City
Commission of the City of Tamarac by adding Section 10 to provide guidelines for uses
of the City seal, City logo and other incidents of office for elected officials and former
elected officials. On roll call Commissioner Sultanof voted "yes", Commissioner Atkins -
Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", and Vice
Mayor Portner "yes". Motion carried.
Commissioner Dressler seconded by Commissioner Sultanof moved approval of all
items on the consent agenda. On roll call Commissioner Atkins -Grad voted "yes",
Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", Vice Mayor Portner
"yes", and Commissioner Sultanof "yes". Motion carried.
a. APPROVE the minutes of the June 28, 2006 Regular City Commission meeting.
APPROVED
b. APPROVE the minutes of the June 28, 2006 Special City Commission meeting.
APPROVED
C. EMERGENCY JOINT PARTICIPATION AGREEMENT WITH FDOT —
REMOVAL OF DEBRIS: (TR10989) Executing an Emergency Joint Participation
Agreement with the Florida Department of Transportation for removal of debris on
federal roads as a result of Hurricane Wilma, in an amount not to exceed $809,268.
RESOLUTION NO. R2006-120
d. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS
AGREEMENT — UNIVERSITY HOSPITAL MEDICAL OFFICE BUILDING PROJECT:
(TR10990) Executing a Utility Easement Encroachment and Hold Harmless Agreement
with University Hospital, LTD., for structures and landscaping placed within utility
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easements on the University Hospital Medical Office Building Project site located at
7225 N. University Drive; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2006-121
e. REPAIR AND MAINTENANCE OF SIDEWALKS IN PUBLIC RIGHTS -OF -WAY:
(TR10986) Authorizing the utilization of the City of Miami Gardens Bid Number 05-06-
012 for the repair and maintenance of sidewalks in public rights -of -way, in accordance
with the FY 2006 City Capital Improvement Sidewalk Replacement Program and City
ordinances; authorizing the execution of an agreement with Straightline Engineering
Group for said work in an amount not to exceed $400,000.00.
RESOLUTION NO. R2006-122
f. WATER AND SEWER DEVELOPER'S AGREEMENT — ST. MORITZ
TOWNHOMES PROJECT: (TR10993) Executing a Water and Sewer Developer's
Agreement with United Homes International, for the St. Moritz Townhomes Project,
located at Woodlands Blvd. and NW 60th Street, requiring 36 ERC's for water and 36
ERC's for sewer; requiring the payment of $115,200.00 in CIAC fees; authorizing and
directing the City Clerk to record said agreement in the public records of Broward
County.
RESOLUTION NO. R2006-123
g. ESTABLISHING ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE
ASSESSMENTS FOR FY2007: (TR10996) Relating to the provision of fire rescue
services, facilities and programs in the City of Tamarac, Florida; establishing the
estimated assessment rate for Fire Rescue Assessments for the fiscal year beginning
October 1, 2006; directing the preparation of an assessment roll; authorizing a public
hearing and directing the provision of notice thereof.
RESOLUTION NO. R2006-124
h. PROPOSED MILLAGE RATE AND SETTING PUBLIC HEARINGS: (TR10995)
Authorizing the City Manager to send a proposed millage rate of 6.2224 mills to the
Property Appraiser for Fiscal Year 2007 and setting September 13, 2006 at 6:30 p.m. at
the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the
date, time and place for the first Public Budget Hearing; setting September 20, 2006 at
5:15 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac,
Florida as the date, time, and place for the second Public Budget Hearing.
RESOLUTION NO. R2006-125
i. PROPOSED TENTH AMENDMENT TO THE ILA FOR SOLID WASTE
DISPOSAL SERVICES: (TR10997) Approving the proposed Tenth Amendment to the
Interlocal Agreement with Broward County for Solid Waste Disposal Services that
provides for greater representation of municipal contract communities.
RESOLUTION NO. R2006-126
j. AMENDMENT TO MEMORANDUM OF UNDERSTANDING —
ADMINISTRATION OF HOME FUNDING PROGRAM FOR FY 2003/2004: (TR11000)
Approving an Amendment to the Memorandum of Understanding ("MOU") between
Broward County and the City of Tamarac to allow for a fifteen (15) month extension for
the administration of the HOME Funding Program for FY 2003/2004 (Case No. 7-MI-
06).
RESOLUTION NO. R2006-127
k. AMENDMENT TO MEMORANDUM OF UNDERSTANDING —
ADMINISTRATION OF HOME FUNDING PROGRAM FOR FY 2004/2005: (TR10999)
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Page 5 of 8
Approving an Amendment to the Memorandum of Understanding ("MOU") between
Broward County and the City of Tamarac to provide for a one-year extension for the
administration of the HOME Funding Program for FY 2004/2005 (Case No. 10-MI-06).
RESOLUTION NO. R2006-128
I. VACATING WATER AND SEWER EASEMENTS — TAMARAC MARKET
PLACE: (TR11005) Granting a Vacation of Easement of a portion of the existing water
and sewer easements located in the northeast comer of Tract "A" of the "Tamarac
Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20
of the Public Records of Broward County, Florida (Case No. 3-P-06).
RESOLUTION NO. R2006-129
M. FY 2006 BUDGET AMENDMENT: (TR11008) Amending the expenditure
budget for the fiscal year 2006; amending the budget of estimated revenues for the
fiscal year 2006.
RESOLUTION NO. R2006-130
n. AGREEMENTS FOR ENGINEERING AND ARCHITECTURAL CONTINUING
SERVICES: (TR11003) Executing agreements with the following ten (10) consulting
firms to provide engineering and architectural continuing services for a period of three
years with options to renew for an additional two year period, on an "as needed" basis
to the following firms: 1) Bermello, Ajamil & Partners, Inc.; 2) Carter & Burgess, 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.
and (10) Mathews Consulting, Inc.
RESOLUTION NO. R2006-131
o. SOUTHGATE BLVD. STREETSCAPE IMPROVEMENT PROJECT: (TR11007)
Executing Change Order Number 2 to the agreement between the City of Tamarac and
Tenex Enterprises, Inc. for the construction of entry walls at each of the southeast and
southwest comer of NW 100th Terrace and NW 103rd Avenue along Southgate Blvd.;
authorizing an additional expenditure in an amount not to exceed $54,821.82 for said
purpose.
RESOLUTION NO. R2006-132
p. AMENDING RULES OF PROCEDURE: Amending Resolution No. R-2003-62;
Amending the Rules of Procedure for the City Commission of the City of Tamarac by
adding Section 10 to provide guidelines for uses of the City seal, City logo and other
incidents of office for elected officials and former elected officials.
RESOLUTION NO. R2006-133
END OF CONSENT AGENDA
REGULAR AGENDA
7. FUNDING FOR TAMARAC UTILITIES BUILDING: (TR11004) Motion to
approve Resolution supplementing Resolution No. R-85-436, as previously
supplemented and amended; authorizing the issuance of its not to exceed $7,000,000
Water and Sewer Utility Revenue Note, Series 2006 as additional bonds under such
Resolution on a parity with the bonds outstanding thereunder to finance the cost of
constructing improvements to the issuer's Water and Sewer Utility; designating the
Series 2006 Note for the exception for certain tax-exempt obligations contained in
July 12, 2006
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Section 265 of the Internal Revenue Code of 1986; authorizing the negotiated sale of
the Series 2006 Note to Bank of America, N.A.; establishing its intent to reimburse
certain capital expenditures incurred with proceeds of the Series 2006 Note; providing
for the rights of the holder of such Series 2006 Note; making other covenants and
agreements in connection therewith. City Attorney Goren read Temporary Resolution
11004, Revision #1, by title. Commissioner Sultanof seconded by Commissioner
Dressler moved approval. Commissioner Dressler congratulated Financial Services
Director Chapman and the Financial Services Department, as well as Director of Utilities
Gagnon and the Utilities Department for the quality of their analysis. On roll call
Commissioner Dressler voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner
"yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion
carried.
RESOLUTION NO. R2006-134
8. RFP NO. 06-03R AWARD AND AGREEMENT — DESIGN/BUILD OF THE
TAMARAC PUBLIC SERVICES COMPLEX ADDITION: (TR11002) Motion to approve
Resolution awarding RFP No. 06-03R, entitled "Design/Build of the Tamarac Public
Services Complex Addition" to Di Pompeo Construction Corporation; authorizing the
appropriate City officials to execute an agreement for said purpose in an amount not to
exceed $5,395,575.00; authorizing budget amendments related to this project as
needed. City Attorney Goren read Temporary Resolution 11002 by title. Commissioner
Sultanof seconded by Commissioner Dressler moved approval. On roll call Mayor
Flansbaum-Talabisco voted "yes", Commissioner Dressler "yes", Commissioner
Sultanof "yes", Vice Mayor Portner "yes", and Commissioner Atkins -Grad "yes". Motion
carried.
RESOLUTION NO. R2006-135
ORDINANCES — FIRST READINGS
There were no ordinances scheduled for first reading for this meeting.
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
9. AMENDING CHAPTER 12 "LICENSE AND BUSINESS REGULATIONS":
(TO2118) Motion to adopt Ordinance on second reading amending Chapter 12,
"License and Business Regulations", of the Code of Ordinances of the City of Tamarac,
Florida, by amending Article II, "Occupational Licenses", by repealing Section 12-39,
"Amount of Fee" of the City of Tamarac Code of Ordinances in its entirety and creating
a new Section 12-39, "Amount of Fee" to conform with Chapter 205, Florida Statutes;
modifying occupational license fees and classifications and establishing equity between
license fees and establishing additional license classifications and fees (Case No. 7-Z-
06); providing for codification. City Attorney Goren read Temporary Ordinance 2118,
Revision No. 1 on second reading by title. Commissioner Dressler seconded by
Commissioner Atkins -Grad moved approval. Commissioner Dressler asked if anything
in the litigation referred to under City Attorney Goren's report correlates to this
Ordinance and City Attorney Goren explained the litigation is for occupational license
July 12, 2006
Page 7 of 8
fees for professionals, in particular lawyers. The ordinance before the Mayor and City
Commission today is to increase fees as appropriate, and if the court rules at a future
time that occupational license fees for attorneys are not warranted, there could be the
potential for a refund. Mayor Flansbaum-Talabisco opened the public hearing and with
no one wishing to speak closed the public hearing. On roll call Commissioner Atkins -
Grad voted "yes", Vice Mayor Portner "yes", Mayor Flansbaum•Talabisco "yes",
Commissioner Sultanof "yes", and Commissioner Dressler "yes". Motion carried.
ADOPTED ON FIRST READING JUNE 28, 2006
ADOPTED ON SECOND READING JULY 12, 2006
ORDINANCE NO.O-2006-14
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 meeting at 7:50 p.m.
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Beth Fla nsbaum-Talabisco, Mayo
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Marion Swenson, C C
City Clerk
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July 12, 2006
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