HomeMy WebLinkAbout2009-07-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JULY 22, 2009
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the
City Commission to order at 9:00 a.m. in Chambers at Tamarac City Hall, 7525 NW 88
Avenue, Tamarac, FL 33321.
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, Assistant City Attorney Klahr, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Commissioner Dressler led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Beth Flansbaum-Talabisco of a proclamation
proclaiming July 23, 2009 as "Americans With Disabilities Appreciation Day".
(Requested by Mayor Beth Flansbaum-Talabisco)
b. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming
August 22, 2009 as "Honeybee Awareness Day". (Requested by Leo Gosser,
President of Broward Beekeepers Association.)
c. Presentation of a plaque to the Mayor and Commission by Fran Wilson, Event
Chair of the Tamarac Relay for Life Committee. Ms. Wilson also recognized Vice
Mayor Atkins -Grad, Honorary Chair for Relay for Life 2009, Commissioner Dressler,
Honorary Chair for Relay for Life 2010, Director of Parks and Recreation Warner and
Special Events Manager Nevadomski for their support, and thanked Commissioners
Bushnell and Glasser for their support.
REPORTS
2. City Commission: Commissioner Bushnell said it was an honor to work with staff
in the two budget workshop meetings last week, and added we need to have
compassion for our fellow man in these trying times.
Vice Mayor Atkins Grad agreed with Commissioner Bushnell.
Commissioner Glasser agreed with Commissioner Bushnell's comments and said it is
not an easy chore to work on the budget, but the Mayor and City Commission are
doing the best they can.
Commissioner Dressler echoed his colleagues' sentiments and said during the
Commission hiatus he would continue to study the fiscal policies of the City.
Commissioner Dressler reported on the MPO and spoke of managed lanes and the
$600,000 requested by FDOT for a feasibility study. Commissioner Dressler said he
voted against this; the MPO should be promoting mass transit not automobile traffic.
Mayor Flansbaum-Talabisco reported the City of Tamarac has been awarded the
Florida League of Cities Municipal Achievement Award for Environmental Stewardship,
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and Community Development Director Bramley has been asked to make a
presentation at the FLC conference.
3. Assistant City Attorney Klahr had no report.
4. City Manager Miller thanked everyone for their participation in the budget
workshops. Parks and Recreation has been notified by FRPA that the Kiwanis Club,
along with Parks and Recreation, are the proud recipients of the Corporate Support
Award, which was submitted for the Community Garden Project.
5. Public Participation: Anthony Russo, 7750 W McNab Road, Tamarac asked the
Mayor and City Commission for assistance in opening his condominium building to all
ages rather than just 55 and over. Assistant City Attorney Klahr said she would meet
with Mr. Russo after the meeting to discuss his situation.
Dorothy Murphy, 5008 NW 50 Court, Tamarac questioned the designation legislative
aide and asked if it is a volunteer position. Assistant City Attorney Klahr explained the
purpose of legislative aides and Mayor Flansbaum-Talabisco said it is a volunteer
position.
CONSENT AGENDA
6. Mayor Flansbaum-Talabisco asked to pull Item 60) for discussion. City Manager
Miller explained Item 6(e) was revised pursuant to discussion at Monday's workshop
meeting. City Manager Miller said it was also requested that item 6(i) be pulled for
discussion. Commissioner Dressler confirmed the bonds will not be marketed in any
way that would have any connection to the City of Tamarac or the elected officials.
Vice Mayor Atkins -Grad seconded by Commissioner Dressler moved approval of all
items on the consent agenda with the exception of items 60) and 6(i) which were pulled
for discussion. On roll call Commissioner Glasser voted "yes", Vice Mayor Atkins -
Grad "yes", Commissioner Dressler "yes", Commissioner Bushnell "yes", and Mayor
Flansbaum-Talabisco "yes". Motion carried.
a. APPROVAL OF THE MINUTES OF THE JULY 8, 2009 COMMISSION MEETING
APPROVED
b. TR 11667 - STORMWATER SYSTEM REFUNDING REVENUE BONDS,
SERIES 2009: Authorizing the issuance of not to exceed $6,000,000 Stormwater
System Refunding Revenue Bonds, Series 2009 for the purpose of advance refunding
a portion of the outstanding City of Tamarac, Florida Capital Improvement Revenue
Bonds, Series 2004 and paying costs related thereto; pledging certain gross revenues
of the stormwater system and providing a backup covenant to budget, appropriate and
deposit non -ad valorem revenues for the payment of such bonds; providing for the
rights of the holders of such bonds; providing for the issuance of temporary bond
anticipation notes; making other covenants and agreements in connection therewith;
and providing for an effective date.
RESOLUTION NO. R2009-95
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c. TR 11658 - WATER & WASTE WATER -UTILITY SYSTEM REFUNDING
REVENUE BONDS, SERIES 2009: Authorizing the issuance of not to exceed
$6,000,000 Utility System Refunding Revenue Bonds, Series 2009A for the purpose of
advance refunding a portion of the outstanding City of Tamarac, Florida Capital
Improvement Revenue Bonds, Series 2004, funding necessary reserves, and paying
costs related thereto, not to exceed $6,000,000 Utility System Refunding Revenue
Bonds, Series 2009B for the purpose of currently refunding all of the outstanding city of
Tamarac, Florida Capital Improvement Revenue Note, Series 2006, funding necessary
reserves, and paying costs related thereto and not to exceed $6,000,000 Utility System
Revenue Bonds, Series 2009C to finance the cost of improvements to the Utility
System, funding necessary reserves, and pay costs related thereto; pledging certain
net revenues of the Utility System for the payment of such bonds; providing for the
rights of the holders of such bonds; providing for the issuance of temporary bond
anticipation notes; making other covenants and agreements in connection therewith;
and providing for an effective date.
RESOLUTION NO. R2009-96
d. TR 11662-SUPPLEMENTING-STORMWATER SYSTEM REFUNDING
REVENUE BONDS, SERIES 2009: Supplementing a resolution adopted on even date
herewith authorizing the issuance of a not to exceed $6,000,000 Stormwater System
Refunding Revenue Bond, Series 2009 for the purpose of advance refunding a portion
of the outstanding City of Tamarac, Florida Capital Improvement Revenue Bonds,
Series 2004 and paying costs related thereto, subject to the satisfaction of certain
conditions contained herein and subject to the terms and conditions of a Purchase
Contract ; fixing certain terms and details of such bond; authorizing the private
negotiated sale of such bond to Bank of America, N.A., pursuant to the terms and
conditions described herein; approving the form of and authorizing the execution of an
Escrow Deposit Agreement; selecting a Paying Agent, Bond Registrar and Escrow
Agent; making such determinations as are required to afford such bond 'Bank
Qualified" status; authorizing other required actions; and providing for severability and
an effective date.
RESOLUTION NO. R2009-97
e. TR 11663-SUPPLEMENTING UTILITY SYSTEM REFUNDING REVENUE
BONDS, SERIES 2009A (revised): Supplementing a resolution adopted on even date
herewith authorizing the issuance of not to exceed $6,000,000 Utility System
Refunding Revenue Bonds, Series 2009A for the purpose of advance refunding a
portion of the outstanding City of Tamarac, Florida Capital Improvement Revenue
Bonds, Series 2004, funding necessary reserves, and paying costs related thereto, not
to exceed $6,000,000 Utility System Refunding Revenue Bonds, Series 2009B for the
purpose of currently refunding all of the outstanding City of Tamarac, Florida Capital
Improvement Revenue Note, Series 2006, funding necessary reserves, and paying
costs related thereto and not to exceed $6,000,000 Utility System Revenue Bonds,
Series 2009C to finance the cost of improvements to the Utility System, funding
necessary reserves, and paying costs related thereto, subject to the satisfaction of
certain conditions contained herein and subject to the terms and conditions of a
Purchase Contract ; approving the form of the Purchase Contract, Preliminary Official
Statement, Continuing Disclosure Certificate and Escrow Deposit Agreement;
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authorizing the execution and delivery of a Purchase Contract, Final Official Statement,
Continuing Disclosure Certificate and Escrow Deposit Agreement; appointing a Paying
Agent, Registrar and Escrow Agent; delegating to the Mayor and City Manager to
award the sale of the bonds to the Underwriter named herein pursuant to a negotiated
sale and subject to the conditions and terms set forth herein and in the Purchase
Contract ; authorizing the City to opt to insure all, a portion of or none of the bonds with
a policy of Financial Guaranty Insurance, whichever is in the best financial interest of
the City; designating the series 2009 bonds as Qualified Tax -Exempt Obligations within
the meaning of the Internal Revenue Code; authorizing other required actions; and
providing for severability and an effective date.
RESOLUTION NO. R2009-98
f. TR11645 GRANT AWARD FOR HYDRAULIC STRETCHERS: Accepting an
Emergency Medical Services grant in the amount of $42,055 from the Florida
Department of Health, Bureau of Emergency Medical Services for hydraulic stretchers
and to enter into an Agreement to purchase five (5) hydraulic stretchers from Stryker
and associated patient lift -assist devices, not to exceed a total amount of $56,073 in
grant funding and City match; authorizing the appropriate City Officials to execute a
Project Agreement and subsequent Agreements, if necessary, pending legal review
and approval between the Florida Department of Health and the City of Tamarac;
authorizing the disposal of five (5) outdated stretcher frames.
RESOLUTION NO. R2009-99
g. TR11646 FIRE ACT GRANT FOR A MOBILE SELF-CONTAINED
BREATHING APPARATUS (SCBA) REFILLING STATION AND SCBA BOTTLES:
Accepting an Assistance to Fire Act Grant, Federal Emergency Management Agency
(FEMA) for a mobile Self -Contained Breathing Apparatus (SCBA) refilling station and
SCBA bottles and to enter into an agreement from Channel Innovations Corporation
and Hydro-Stat in grant funding and City match.
RESOLUTION NO. R2009-100
h. TR11650 FDOT MAINTENANCE MEMORANDUM AGREEMENT SR 7 (US
441) : Authorizing the appropriate city officials to execute a District Four Maintenance
Memorandum of Agreement between the State of Florida Department of Transportation
(FDOT) and the City of Tamarac for right-of-way landscaping on State Road 7 (US
441) south of NW 49th Street to south of West Prospect Road.
RESOLUTION NO. R2009-101
i. TR11651 PRELIMINARY MILLAGE RATES & PUBLIC HEARINGS:
Authorizing the City Manager to send a proposed Millage Rate of 6.3752 mils for
general operating purposes and a proposed Millage Rate of 0.0801 mils for voted debt
service to the Property Appraiser for fiscal year 2010, and setting September 14, 2009,
at 6:05 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 23, 2009, at 5:05 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.
PULLED FOR DISCUSSION
j. TR11652 - FY10 FIRE RESCUE ASSESSMENTS: A Resolution of the City
Commission of the City of Tamarac, Florida, relating to the provision of Fire Rescue
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Services, facilities and programs in the City of Tamarac, Florida; establishing the
estimated assessment rates for Fire Rescue Assessments for the fiscal year beginning
October 1, 2009; directing the preparation of an assessment roll; authorizing a public
hearing and directing the provision of notice thereof.
PULLED FOR DISCUSSION
k. TR11659 PINE ISLAND ROAD PROJECT EASEMENT-COM. BLVD.:
Granting a temporary construction easement to Broward County, Florida during the
construction of the Pine Island Road Project; authorizing the tying in and harmonizing
of city property located at the intersection of Commercial Boulevard and Pine Island
Road during the project; authorizing the execution of the easement agreement.
RESOLUTION NO. R2009-102
I. TR11661 ADOPT TAMARAC FIRE RESCUE'S IDENTITY THEFT
PREVENTION PROGRAM: Adopting Tamarac Fire Rescue's Identity Theft Prevention
Program as required by the Fair Accurate Credit Transactions Act of 2003, and under
the City's program for reducing identity theft.
RESOLUTION NO. R2009-103
m. TR11666 APPOINTING MARC L. SULTANOF LEGISLATIVE AIDE TO
COMMISSIONER HARRY DRESSLER: Appointing Marc L. Sultanof as Legislative
Aide to Commissioner Harry Dressler.
RESOLUTION NO. R2009-104
Item 60): TR11652 - FY10 FIRE RESCUE ASSESSMENTS: A Resolution of the City
Commission of the City of Tamarac, Florida, relating to the provision of Fire Rescue
Services, facilities and programs in the City of Tamarac, Florida; establishing the
estimated assessment rates for Fire Rescue Assessments for the fiscal year beginning
October 1, 2009; directing the preparation of an assessment roll; authorizing a public
hearing and directing the provision of notice thereof. Vice Mayor Atkins -Grad
seconded by Commissioner Dressler moved approval. Mayor Flansbaum-Talabisco
confirmed the City of Tamarac will not be raising the fire fee. Commissioner Dressler
confirmed the fee the City currently charges for this service does not fully cover the
cost of the service. On roll call Vice Mayor Atkins -Grad voted "yes", Commissioner
Dressler "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", and Mayor
Flansbaum-Talabisco "yes". Motion carried.
RESOLUTION NO. R2009-105
Item 6(i): TR11651 PRELIMINARY MILLAGE RATES & PUBLIC HEARINGS:
Authorizing the City Manager to send a proposed Millage Rate of 6.3752 mils for
general operating purposes and a proposed Millage Rate of 0.0801 mils for voted debt
service to the Property Appraiser for fiscal year 2010, and setting September 14, 2009,
at 5:05 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 23, 2009, at 5:05 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. Commissioner Dressler seconded by Commissioner Bushnell moved
approval. City Manager Miller explained the resolution is to set the preliminary millage
at 6.3752 mills for general operating purposes and proposes a millage rate of 0.0801
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mils for voted debt service. The resolution is then transmitted to the Property
Appraiser and the State. Our first public hearing will be on September 14 at 5:05 p.m.
in Chambers, and the second public hearing will be on September 23 at 5:05 p.m. in
Chambers. Mayor Flansbaum-Talabisco said everything we do from now until we
finalize the budget is set by statute. Staff has between now and the vote on the final
budget in September to go back to the drawing board and make changes to the
budget. Assistant City Attorney Klahr explained the process and the fact that whatever
number is established today is not the final number, but the highest number that can be
reached; the millage rate can be lowered but not raised. Commissioner Dressler said
he is pleased the number is not final and as a collegial body we will work over the
summer to find deeper cuts. Commissioner Bushnell confirmed we can only collect the
amount of taxes collected last year and in order to achieve that amount we must put in
this millage rate, otherwise we will lose the ability to collect it and will have to raise the
millage rate next year. We will address more cuts over the summer. It is important for
people to know we are doing the best we can. Mayor Flansbaum-Talabisco said she
may call a special meeting or workshop over the summer or when the Mayor and City
Commission return from their break, to discuss the budget. Vice Mayor Atkins -Grad
said she cannot vote for this millage rate. Mayor Flansbaum-Talabisco asked for
assurance that the 18% utility surcharge will be eliminated, as well as assurances staff
will continue to look at ways to reduce the budget while retaining service levels,
evaluate sources of revenue and fund balances available to us, and ultimately reduce
the budget by $3 million. Commissioner Glasser said she cannot vote for this millage
rate; she has to concern herself with the people who have nothing. Assistant City
Attorney Klahr explained today the Mayor and City Commission must pass a resolution
adopting the preliminary millage rate so staff will be given direction to communicate
that number to the appropriate authorities for purposes of moving this resolution
forward.
Mayor Flansbaum-Talabisco moved out of the regular order of business on the agenda
to take up Item 7.
7. TO 2179 - EMERGENCY ACCESS FOR DISASTER DEBRIS REMOVAL:
Motion to adopt Ordinance on second 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 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.
Assistant City Attorney Klahr read Temporary Ordinance 2179 by title on second
reading. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved
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adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no one
wishing to speak, closed the public hearing. On roll call Commissioner Bushnell voted
"yes", Commissioner Dressler "yes", Vice Mayor Atkins -Grad "yes", Commissioner
Glasser "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING JULY 8, 2009
ADOPTED ON SECOND READING JULY 22, 2009
ORDINANCE NO.O-2009-07
Mayor Flansbaum-Talabisco called for a recess at 10:30 a.m. and reconvened the
meeting at 11:35 a.m. with all present as before.
Item 6(i): (continued) TR11651 PRELIMINARY MILLAGE RATESI & PUBLIC
HEARINGS: Authorizing the City Manager to send a proposed Millage Rate of 6.3752
mils for general operating purposes and a proposed Millage Rate of 0.0801 mils for
voted debt service to the Property Appraiser for fiscal year 2010, and setting September
14, 2009, at 5:05 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 23, 2009, at 5:05 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.
Mayor Flansbaum-Talabisco said she feels she and her colleagues have been backed
into a corner; the City is stuck in a dilemma created by the State. She is not prepared to
go forward with this millage rate in the budget public hearings that will occur in
September. The Mayor and City Commission want more reductions, but will not accept
the draconian reductions presented at the budget workshops. Mayor Flansbaum-
Talabisco confirmed the removal of the 18% utility surcharge would take effect in
conjunction with the budget, and asked City Manager Miller to work on the budget over
the summer. Commissioner Dressler agreed with Mayor Fla nsbaum-Talabisco's
sentiments. Commissioner Dressler spoke of the respect each of the Commissioners
have for one another. Commissioner Bushnell spoke of the Mayor and City
Commission's support for one another and the Commission's concern for the residents.
Assistant City Attorney Klahr explained the preliminary rate resolution, transmission to
the State and Property Appraiser's office, and the fact that this number represents the
maximum amount the Mayor and City Commission can consider for millage. At the
budget hearings in September the Commission will consider whatever millage rate they
deem proper so long as it is not higher than the rate stipulated in the resolution. Mayor
Flansbaum-Talabisco asked staff to make it clear to the press that the collegial board
understands this is a procedural movement today and it is something that is going to be
looked at when the commission reconvenes. Assistant City Attorney Klahr read
Temporary Resolution 11651 by title. Commissioner Dressler seconded by
Commissioner Bushnell moved approval of Temporary Resolution 11651. On roll call
Commissioner Glasser voted "no", Vice Mayor Atkins -Grad "no", Commissioner
Dressler "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes".
Motion carried.
RESOLUTION NO. R2009-106
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 11:55
a.m.
Xala*4� �_
Beth Flansbaum-Talabisco,
Mayor
"Marion Swepson, CIVIC
- City Clerk
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