HomeMy WebLinkAbout2005-08-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY AUGUST 24, 2005
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 A.M. on Wednesday, August 24, 2005 in Chambers at 7525 NW 88
Avenue, Tamarac, FL 33321.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, Interim City Attorney Samuel S.
Goren, and City Clerk Marion Swenson.
Commissioner Sultanof led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a proclamation proclaiming September 1-11,
2005 as International Association of Fire Fighters Week. John Gaul accepted on behalf
of Tamarac Fire Rescue.
b. Presentation by Mayor Schreiber of a plaque to Woodlands Country Club in
appreciation for hosting the "Hook A Kid On Golf Program". Larry Torn, Woodlands
Country Club, accepted. Interim Director of Parks and Recreation Warner said the
Woodlands Country Club donated time and space for the program and this is a unique
public/private partnership that the city hopes to continue.
C. Mayor Schreiber presented employee service awards to the following:
5-Year Awards: Dorothy Cummings, Assistant Director of Human Resources; Luis De
Pena, Utility Service Worker I; Raymond Gagnon, Director of Utilities; Efreme Lordeus,
Bus Driver; Kingman Schuldt, Deputy Fire Chief
10-Year Awards: J. Christopher King, Director of Community Development; Barbara
Lagomarsino, Administrative Secretary; Percy Sayles, Battalion Chief; Patricia Spitzer,
Planning Coordinator
15-Year Award: Elkin Suarez, Accountability Supervisor
20-Year Awards: Daniel Mariano, Firefighter 1; Matthew Moore, Driver/Engineer 1
REPORTS
2. City Commission: Mayor Schreiber said it is a pleasure to see so many
employees receive service awards; they have done a good job for Tamarac and by
staying on, they make Tamarac a better city. Mayor Schreiber also reported that the
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City of Tamarac received an award from the state for having the best Senior Citizen
Community Center in the state.
Commissioner Portner said the commission had a great vacation and he looks forward
to getting back to work and doing good things for the city.
Commissioner Roberts wished Commissioner Portner a happy birthday and thanked
Deputy Ed Sileo and Chief Ken Dugger for working with her on the sexual predator
ordinance. Commissioner Roberts reminded everyone that school is back in session
and asked all to drive carefully.
Commissioner Sultanof said it is important to recognize our firefighters; they are #1 in
Florida and they are a fine organization. Commissioner Sultanof complimented Vice
Mayor Flansbaum-Talabisco for her initiative on "Hook A Kid On Golf' and for making
the Woodlands Country Club available for the program. Commissioner Sultanof said it
is important to set our young people in the right direction, and wished everyone well.
Vice Mayor Flansbaum-Talabisco welcomed everyone to the meeting and congratulated
all the city employees honored this morning. Tamarac employees are the best example
of the best professionals in Florida. Vice Mayor Flansbaum-Talabisco thanked the
board and staff of Woodlands for participating in Tamarac's 1st annual "Hook A Kid On
Golf' program, and said it was a great collaboration between the City of Tamarac and a
premier business leader. Vice Mayor Flansbaum-Talabisco said she helped initiate the
program and she and her husband were there every Saturday during the course of the
program. Vice Mayor Flansbaum-Talabisco congratulated the Parks and Recreation
Department on receiving the Florence Goldmann Award, and also reported that the City
Manager's name, at the suggestion of Commissioner Sultanof and the commission, has
been submitted as a contender for City Manager of the Year. Vice Mayor Flansbaum-
Talabisco said Tamarac has lost a true community patriot in Wally Coghlin. Mr.
Coghlin, who always sat in the front row of the chambers with Colonel Hayes, passed
away last week. Vice Mayor Flansbaum-Talabisco said she and Commissioner Portner
attended a service for Mr. Coghlin in the Mainlands, and he will be sorely missed by all.
There was a moment of silence for Mr. Coghlin.
3. City Attorney- Interim City Attorney Goren reported on an opinion regarding a
Delray Beach solid waste collection, construction and demolition debris case. The court
ruled in favor of the city and this ruling allows for an exclusive franchise with a waste
hauler and exclusive construction and demolition debris removal. There are Bills being
filed to extract from local government the construction and demolition debris collection
and there is a companion case in Pembroke Pines on a similar note. The case will
impact all counties and cities in Florida. With the push for CRA's this is an important
subject matter; cities have the right to control with franchise haulers.
4. City Manager: City Manager Miller announced that tropical storm Katrina is
coming our way and we may feel category one hurricane force winds from the storm.
The executive team will meet at 4:00 p.m. today to make the necessary plans and Chief
Budzinski will leave city hall at 10:00 a.m. for a meeting at the Broward County EOC.
City Manager Miller continued with his report stating that a Public Design Shurette of the
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South Florida and Treasure Coast Planning Councils is scheduled for Saturday, in Ft.
Lauderdale, from 10:00 a.m. — 3:00 p.m. Tamarac Fire Rescue took possession of a
14' trailer under an FDOT grant, to provide child safety seats. BSO and the Tamarac
Fire Department underwent training to install child safety seats. Advanced CERT
Training was hosted by Tamarac Fire Rescue. The Florence Goldmann Award was
presented to Parks and Recreation in Orlando on Tuesday. Tamarac has the only
outstanding Senior Center in Florida. A lecture on prostate cancer prevention will be
held at the Tamarac Community Center on September 14th beginning at 1:00 p.m. The
Medicare Plan D Seminar will be held at the Tamarac Community Center on September
22nd beginning at 10:30 a.m. Lights have been installed at the Tamarac Park baseball
field. Utilities reports that the Woodlands Water Main Project will begin on September
12th and the project is expected to take thirty days to complete.
5. PUBLIC PARTICIPATION: There was no public participation.
CONSENT AGENDA
6. Commissioner Portner seconded by Commissioner Sultanof moved approval of
all items on the consent agenda. On roll call Commissioner Sultanof voted "yes", Vice
Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts
"yes", and Commissioner Partner "yes". Motion carried.
a. APPROVE the minutes of the July 13, 2005 Regular City Commission meeting.
APPROVED
b. GRANT AWARD AND AGREEMENT — TAMARACAQUATICS COMPLEX:
(TR10762) Accepting a grant in the amount of $200,000 from the Florida Department of
Environmental Protection Florida Recreation Development Assistance Program
(FRDAP); authorizing the appropriate City officials to execute a project agreement
between the Florida Department of Environmental Protection and the City of Tamarac
for grant funding in the amount of $200,000 with a cash match of $200,000 in city funds
for a total project cost of $400,000, to provide residents and visitors of Tamarac
enhanced parks and recreation facilities at the Tamarac Aquatics Complex; amending
the existing Aquatics Complex Capital Improvement Project Budget of estimated
revenues and expenditures in the amount of $200,000.
RESOLUTION NO. R2005-152
C. MODIFYING STORMWATER FEES: (TR10767) Modifying the fees applicable to
the Tamarac Stormwater Management Utility as established.
RESOLUTION NO. R2005-153
d. TAMARAC WATER UTILITY EASEMENT — B-PLAZA PROJECT: (TR10763)
Executing a "Tamarac Water Utility Easement" with AB1 Corp., for the B-Plaza Project,
located at 8050 University Drive, to allow legal access by City Utility Personnel for
installing, maintaining, and operating the Water Distribution System Improvements;
authorizing and directing the City Clerk to record said agreement in the public records of
Broward County.
RESOLUTION NO. R2005-154
e. BILL OF SALE ABSOLUTE — B-PLAZA PROJECT: (TR10764) Accepting a Bill
of Sale Absolute from AB1 Corp. for the Water Distribution System Improvements
installed for the B-Plaza Project, located at 8050 N. University Drive, for City ownership;
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authorizing and directing the City Clerk to record said document in the public records of
Broward County.
RESOLUTION NO. R2005-155
f. BILL OF SALE ABSOLUTE — KEYES COVERAGE OFFICE BUILDING
PROJECT: (TR10765) Accepting a Bill of Sale Absolute from Hiatus, L.L.C. for the
Water Distribution and Sewage Collection System Improvements installed for the Keyes
Coverage Office Building Project, located at 5900 Hiatus Road, for City ownership;
authorizing and directing the City Clerk to record said document in the public records of
Broward County.
RESOLUTION NO. R2005-156
g. TAMARAC WATER AND SEWER UTILITY EASEMENT — KEYES COVERAGE
OFFICE BUILDING PROJECT: (TR10766) Executing a "Tamarac Water and Sewer
Utility Easement" with Hiatus, L.L.C., for the Keyes Coverage Office Building Project,
located at 5900 Hiatus Road, to allow legal access by City Utility Personnel for
installing, maintaining, and operating the Water Distribution and Sewage Collection
System Improvements; authorizing and directing the City Clerk to record said document
in the public records of Broward County.
RESOLUTION NO. R2005-157
h. FY05 BUDGET AMENDMENT: (TR10771) Amending the expenditure budget for
the Fiscal Year 2005; amending the budget of estimated revenues for the Fiscal Year
2005.
RESOLUTION NO. R2005-158
i. WAIVER OF FEE --- TAMARAC CHAMBER OF COMMERCE -- TASTE OF
TAMARAC EVENT: (TR10773) Approving requests from the Tamarac Chamber of
Commerce for in -kind support and to waive all fees for the Taste of Tamarac event to be
held at the Tamarac Community Center on Saturday October 15, 2005 from 12:00 pm —
4:00 pm; providing for proper insurance and execution of a hold harmless agreement.
RESOLUTION NO. R2005-159
j. GRANT FUNDING FROM THE NRPA/NATIONAL FOOTBALL LEAGUE IN
THE AMOUNT OF $1,500.00: (TR10779) Accepting grant funding from the National
Recreation & Park Association/National Football League in the amount of $1,500.00;
awarding $1,500.00 in a grant to the Tamarac Youth Football League; amending the
grants fund budget during the next quarterly budget actions.
RESOLUTION NO. R2005-160
k. AGREEMENT WITH WACKENHUT CORPORATION FOR SECURITY
SERVICES: (TR10776) Executing an agreement with Wackenhut Corporation for
security services adopting by reference all of the terms and conditions contained in
Broward County Contract # RLI-2003-0902-0-FC-01; authorizing an annual expenditure
of funds in an amount not to exceed $52,000.
RESOLUTION NO. R2005-161
END OF CONSENT AGENDA
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REGULAR AGENDA
ORDINANCES — FIRST READINGS
7. AMENDING CHAPTER 2 OF THE TAMARAC CODE — INVESTMENT
ADVISORY COMMITTEE: (TO2088) Motion to adopt Ordinance on first reading
amending Chapter 2, entitled Administration, Article III, Boards, Committees,
Commissions Section 2-159, Meetings, of the City Code, changing the Investment
Advisory Committee meeting from monthly meetings to bi-monthly meetings; providing
for codification. Interim City Attorney Goren read Temporary Ordinance 2088, Revision
#2, on first reading by title. Commissioner Sultanof seconded by Vice Mayor
Flansbaum-Talabisco moved approval. Commissioner Partner asked for clarification of
bi-monthly and asked to have this more clearly stated in the ordinance before second
reading. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-
Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and
Commissioner Portner "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 24, 2005
8. AMENDING CHAPTER 2 OF THE TAMARAC CODE — FINANCE
DEPARTMENT: (TO2089) Motion to adopt Ordinance on first reading amending
Chapter 2, Administration, Article IV., Departments, Division 1., Generally, Section 2-
235(2), establishment of certain departments and offices of the Tamarac City Code,
changing Finance Department to Financial Services Department; providing for
codification. Interim City Attorney Goren read Temporary Ordinance 2089, Revision
818105, on first reading by title. Commissioner Portner seconded by Vice Mayor
Flansbaum-Talabisco moved approval. On roll call Commissioner Roberts voted "yes",
Commissioner Sultanof "yes", Commissioner Partner "yes", Vice Mayor Flansbaum-
Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 24, 2005
9. AMENDING CHAPTER 22 OF THE TAMARAC CODE -- STORMWATER
FEES: (TO2090) Motion to adopt Ordinance on first reading amending Chapter 22
entitled, "Utilities", Article VI, "Stormwater Management Utility", Section 22-254,
"Schedule of rates", adding the requirement for automatic annual adjustments to the
stormwater management utility fee pursuant to the U.S. Consumer Price Index for the
period; providing for codification. Interim City Attorney Goren read Temporary
Ordinance 2090, Revision #1, on first reading by title. Commissioner Sultanof
seconded by Vice Mayor Flansbaum-Talabisco moved approval. On roll call
Commissioner Portner voted "yes", Commissioner Sultanof "yes", Commissioner
Roberts "no", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING AUGUST 24, 2005
10. AMENDING CHAPTER 13 OF THE TAMARAC CODE — MISCELLANEOUS
OFFENSES: (TO2093) Motion to adopt Ordinance on _first reading amending the City
of Tamarac Code of Ordinances
by specifically
amending Chapter 13, entitled,
"Miscellaneous offenses," to create
section 13-20,
entitled "Sex offender residency
prohibition;" providing for findings and intent; enacting section 13-21 entitled
"Definitions;" enacting section 13-22, entitled "Sexual offender and sexual predator
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residence prohibition; penalties; exceptions," providing for a prohibition for sexual
offenders and sexual predators convicted of crimes under certain Florida statutes from
living within 2500 feet of specified locations within the City of Tamarac; enacting section
13-23, entitled "Property owners prohibited from renting real property to certain sexual
offenders and sexual predators; penalties," prohibiting owners of real property from
renting or leasing any place, structure, or part thereof, trailer or other conveyance
located within 2500 feet of specified locations within the City of Tamarac to sexual
offenders and sexual predators convicted of crimes under certain Florida statutes;
providing for codification. Interim City Attorney Goren read Temporary Ordinance 2093
on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof
moved approval. Ron Book, Plantation, Florida, spoke of a family member who was a
victim of a series of attacks by a sexual predator. Mr. Book said this ordinance would
have done nothing to protect his daughter from those unfortunate events, but during the
last four years he has tried to turn those events into making this a safer place for
children and adults. This ordinance is just a piece of the puzzle to make communities
safer. Our constitution assures the public domestic tranquility, and the ordinance before
the Mayor and City Commission today guarantees that in the future those individuals
convicted of sexually deviant behavior can not live within 2,500 ft. of schools,
playgrounds, and daycare facilities. Very few ordinances adopt all three areas of the
oath of office that the Mayor and City Commission took upon being elected to office;
protecting the health, safety and welfare of the residents. Under our zoning code, adult
entertainment businesses are not allowed within 2,500 feet of these same facilities, so
why then should we allow someone who exhibits sexually deviant behavior to live within
eyes' range of these types of facilities? An Eighth District Court of Appeals case from
the State of Iowa, struck down state law, and the Appellate Court overruled the decision
saying it is appropriate in this type of legislative decision to enact restrictions on people
who have been convicted of sexually deviant behavior, and the Appellate Court went to
great lengths to cite testimony of both `John Does' and state expert witnesses, wherein
both sides stated that when the temptation to re -offend is removed, it significantly
reduces the percentage of chances for re -offending. We do not want these individuals
who have been convicted of the most heinous crimes under state statutes to be able to
look out their windows and into school yards to identify potential victims, stalk their
victims and then do terrible things to them. We are not stopping the crime but we are
reducing the percentage for re -offending. It is our job to protect the rights of citizens
(both children and adults) and statistics show that one out of four girls under the age of
16, one out of three boys under the age of 16, and one out of nine women are victims of
these types of crimes. There is vast underreporting in these crimes, due to
embarrassment or fear on the part of the victims. Mr. Book said he appreciates the
Mayor and City Commission allowing him to take the opportunity to put this on the
record, and he urged the Mayor and City Commission to adopt the ordinance for the
right reasons; to adopt the ordinance for constitutional reasons to protect the domestic
tranquility of the citizens, the public's health, safety and welfare, and to make the
community a safer place. Mr. Book added that there will be legislation presented during
the upcoming legislative session to mirror the legislation before the Mayor and City
Commission today, but until the legislature has an opportunity to act it is important to
protect the citizens during this period of time to the best ability of the elected officials.
Mr. Book said that while his family suffered immense pain as a result of one horrible
individual, he realizes others have suffered more, with children who have disappeared
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or predeceased them. Mr. Book stated that legislation is in the offing to track sexual
offenders and predators who molest children under the age of 12 for the rest of their
lives. The ordinance the Mayor and City Commission is considering today is similar to
ordinances being adopted all over the country. Mayor Schreiber thanked Mr. Book for
his presentation and said the ordinance is very necessary and he knows the
commission is doing the right thing, but hearing from Mr. Book reaffirms that his
decision is based on solid ground. Commissioner Portner said the constitution also
guarantees life, liberty and the pursuit of happiness. BSO Chief Dugger gave a
presentation and said several issues were taken into account in preparation of this
ordinance. Currently there are 24 sexual offenders living in Tamarac, and the risk factor
to the general public was closely examined. Studies were also looked at, in particular
one that was done for the Canadian government, which depicted a broad spectrum of
recidivism that increased in certain people. The ordinance will not control recidivism but
it will control people from coming into the city. The potential for recidivism is a concern
for the general public. Commissioner Partner asked if the 24 sexual offenders in
Tamarac are tracked daily and BSO Chief Dugger responded they are tracked bi-
weekly, as well as unannounced inspections to make sure they are in compliance with
statutes. Commissioner Portner asked how the sexual offenders react to BSO's
inspections and BSO Chief Dugger said this is a condition and requirement of their
release and probationary status; while they may not appreciate it, they understand they
must be checked up on periodically. Commissioner Portner asked about placing a
tracking anklet on the sexual offenders to better track them and Interim City Attorney
Goren responded that some sexual offenders, under Court direction, do have to wear
such a device. It is an issue for the court system. These individuals have already
served their sentence and are on probation. Commissioner Partner asked if it would be
possible to include this restriction in our ordinance, and Interim City Attorney Goren said
it is more of a state issue. Commissioner Portner asked Mr. Book to look into this, and
Mr. Book responded that during the past legislative session a provision was made
regarding future real time monitoring. With regard to those on probation for deviant
behavior, if they violate probation then they can be made to wear the monitor. The city
has no authority to impose that restriction under this ordinance. In Florida, under the
Ryce Act, when somebody is out of the criminal system, but gives the judge probable
cause that they are a threat to society, the judge can commit them under the Ryce Act
to keep them off the street. Commissioner Sultanof thanked Mr. Book for his
presentation and said he is concerned about young ladies standing alone at bus stops,
or walking alone in the street. BSO Chief Dugger said the 24 sexual offenders in the
City of Tamarac are monitored; some wear anklet bracelets and some have restrictions
that regulate where they can or can not go. BSO copies the restrictions so they can
determine if an offender is in violation of their restrictions and if they are in violation they
are taken back into custody. Others may have met the requirements of their
probationary status and are not restricted. It is difficult to monitor the sexual offenders
24 hours a day under our current system. The ordinance only examines the concept of
additional offenders moving into the city limits. The ordinance will grandfather the 24
sexual offenders into the city and it will restrict future offenders and/or predators from
residing in Tamarac. Commissioner Sultanof asked BSO Chief Dugger to make sure if
a BSO deputy sees a young lady standing at a bus stop, the deputy stops to make an
observation of the situation for a few minutes to make sure the young lady is safe. BSO
Chief Dugger said deputies are trained in patrol procedures to recognize potential
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victims. They watch any potential victims in situations when a person is alone in an
area where there may have been previous robberies or assaults. Commissioner
Roberts said on page 5 of the ordinance, in particular section 'e(1)', the date needs to
be changed and asked Interim City Attorney Goren what date he would suggest. Interim
City Attorney Goren said he urged the Mayor and City Commission to change the date
to September 1, and this way they will protect the constitutionality of the ordinance and
not look back but look forward. Interim City Attorney Goren also asked that Mr. Book's
comments today be republished during the public hearing, as Mr. Book may not be
available to attend the second hearing of the ordinance. Commissioner Roberts
seconded by Commissioner Portner moved to amend the ordinance by changing the
language in section 'e(1)' of the ordinance to read as follows: "(1) The registered person
established the permanent residence prior to September 1, 2005." On roll call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner
Sultanof "yes", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes".
Motion carried. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco
moved approval of Temporary Ordinance 2093 on first reading as amended. On roll call
Commissioner Portner voted "yes", Commissioner Sultanof "yes", Vice Mayor
Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Roberts "yes".
Motion carried.
APPROVED ON FIRST READING, AS AMENDED, AUGUST 24, 2005
There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the meeting at 10:00 a.m.
MARION SWENSON, CMC
CITY CLERK
August 24, 2005
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�96E SCHREIBER, MAYOR
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