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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 August 24, 2005 Page 1 of 8 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 August 24, 2005 Page 2 of 8 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; August 24, 2005 Page 3 of 8 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 L August 24, 2005 Page 4 of 8 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 August 24, 2005 Page 5 of 8 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 August 24, 2005 Page 6 of 8 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 August 24, 2005 Page 7 of 8 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 Page 8 of 8 �96E SCHREIBER, MAYOR L 1 1