HomeMy WebLinkAbout2008-09-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, SEPTEMBER 10, 2008
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 7:00 p.m. on Wednesday, September 10, 2008, in Chambers,
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof,
Commissioner Edward C. Portner, Commissioner Patricia Atkins -Grad, and
Commissioner Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson
PLEDGE OF ALLEGIANCE: Commissioner Dressler led the pledge of allegiance and
Mayor Flansbaum-Talabisco called for a moment of silent meditation in remembrance of
those who lost their lives and loved ones on September 11, 2001.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation to the Tamarac City Commission of the Florida Recreation and Park
Association (FRPA) 2008 Agency Excellence Award by Parks & Recreation Director
Greg Warner.
READ INTO THE RECORD ON BEHALF OF RE UESTOR:
Formally recognizing individuals or organizations for their contributions and/or
achievements, and/or providing educational information to the residents and citizens
of the City of Tamarac.
b. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming the
week of September 15 — 21, 2008 as "Staffing Employee Week". (Requested by Randi
Lynn Malone, Florida Staffing Association)
C. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming the
month of September 2008 as "Who Named America?" Month." (Requested by Riccardo
Guadino, Communications Director, America500 Birthday Organizing Committee)
REPORTS
2. CRY Commission: Mayor Flansbaum-Talabisco reported that she has been
asked to represent the BLC and City of Tamarac on the Broward County Resources
Task Force, and she will bring an update to the Mayor and City Commission at the next
meeting. Mayor Flansbaum-Talabisco congratulated Commissioner -elect Diane
Glasser.
September 10, 2008
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Commissioner Portner spoke of selling city hall and building a new "green" city hall, to
show the other cities that Tamarac is in the forefront of technology. Commissioner
Portner said his wife is doing very well.
Commissioner Atkins -Grad reported she has been busy attending many homeowner
association meetings and working on her e-mail information that gets sent to her
constituents.
Vice Mayor Sultanof reminded everyone that this Commission is their local government,
and the elected officials in Tamarac have done a good job. We are one of the few cities
in Broward County that did not close any of our parks. America is in for a rough time
and it will take time to rebound.
Commissioner Dressler congratulated Commissioner -elect Diane Glasser, and spoke of
proposed changes to the Medicare Bill, and said Congressman Wexler will consider
Commissioner Dressler's concerns for hospice care. Commissioner Dressler reported
the state is looking into leasing Alligator Alley, but it is not a foregone conclusion at this
time. Mayor Flansbaum-Talabisco said this subject came up at the Broward League
Board of Directors meeting and one question that came up was with regard to the
Fire/Rescue building located on Alligator Alley, in particular, who will pay for that facility.
Commissioner Dressler said he attended a special security meeting of the Anti -
Defamation League/BSO where security of religious organizations was discussed.
Mayor Flansbaum-Talabisco spoke of a special ceremony, to be held at Taravella High
School on September 11 th, at which she will speak. Representatives of BSO and Fire
will also be in attendance.
Vice Mayor Sultanof congratulated Diane Glasser.
3. City Attorney: City Attorney Goren reported on the progress of discussions with
regard to the traffic magistrates, and said, for all intents and purposes, the program is
over because the County Commission decided not to fund the gap. As of September 1,
all traffic infraction cases are being heard by judges at the central courthouse. The
County Commission will take up the issue on September 23rd and the end result will be
whether or not they will support this program through the end of the fiscal year or
through the end of the legislative session. Commissioner Dressler questioned the
amount of money the judges have been charging for court costs, but not fining people
for their infractions. The money collected now goes to the state. City Attorney Goren
read an e-mail from a Pembroke Pines Police Captain wherein issues were discussed
regarding the judges only issuing court costs, and no portion of that money going to the
cities. Commissioner Dressler said this came up at the NW Council of Elected Officials,
and it is far more than just a matter of revenue, it is also a public safety issue. City
Attorney Goren said Chief Judge Tobin is also seeking funding for the program.
Commissioner Portner said this matter is one good reason why people should vote for
local officials who run for higher office, as they understand the local problems.
Commissioner Partner questioned County Commissioners Lieberman and Ritter's
stance on this matter and City Attorney Goren said Commissioner Lieberman feels the
funding should be paid for by the state and should be discussed with people in
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Tallahassee; Commissioner Ritter said she would approve funding through the
legislative session.
4. City Manager: City Manager Miller congratulated Commissioner -elect Glasser
and said he and the staff look forward to working with her. City Manager Miller said
there is an amendment to the City Attorney contract for item 60) on the consent agenda,
Temporary Resolution 11460. On behalf of the staff, we are very happy with City
Attorney Goren and his firm in terms of legal advice provided to the City these past
three years.
Mayor Flansbaum-Talabisco said with regard to the traffic magistrate situation, many
times the public asks for help regarding speeders in neighborhoods, and the City has a
policy and we do the best we can to help the community. But this issue with the
magistrates flies in the face of everything reasonable.
5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac,
spoke in opposition to decisions made in Tallahassee with regard to the state budget,
purchase of land in the Everglades and teacher salaries. Mr. Schneider commended
Director of Parks and Recreation Warner and the Parks and Recreation Department on
its programs.
Frank Steiger, 6903 NW 70 Street, Tamarac, spoke of problems he encountered while
voting. Mayor Flansbaum-Talabisco suggested Mr. Steiger call her office or e-mail his
concerns to the Mayor and City Commission offices and she will discuss these matters
with Broward County Supervisor of Elections Snipes and Broward County
Commissioner Lieberman when she meets with them in two weeks.
City Manager Miller said TR11467 has been redistributed due to a scrivener's error.
Commissioner Portner asked to have TR11465 pulled from the consent agenda for
discussion.
CONSENT AGENDA
6. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval of
all items on the consent agenda, with the exception of Item 6(f), TR11465, which has
been pulled for discussion. On roll call Vice Mayor Sultanof voted "yes", Commissioner
Atkins -Grad "yes", Commissioner Partner "yes", Commissioner Dressler "yes", Mayor
Flansbaum-Talabisco "yes". Motion carried.
a. APPROVE the minutes of the August 27, 2008 Regular City Commission
meeting.
APPROVED
b. RENEWAL AGREEMENT - MACMILLAN OIL COMPANY — GASOLINE
PURCHASE: (TR11449) Executing an Agreement between the City of Tamarac and
MacMillan Oil Company, Inc. for the purchase of gasoline utilizing the City of Plantation
Agreement; authorizing purchase of gasoline in the quantities needed based on the oil
price information service price index cost at the time of delivery; authorizing budget
amendments for proper accounting purposes.
September 10, 2008
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RESOLUTION NO. R2008-120
C. PURCHASE OF WATER METERS: (TR11457) Purchasing water meters from
Neptune Technology Group, Inc., via their local distributor, Sunstate Meter & Supply,
Inc., utilizing the City of Pompano Beach Bid Number H-41-07; authorizing an annual
expenditure in an amount not to exceed $64,000 for said purpose.
RESOLUTION NO. R2008-121
d. AGREEMENT —COURTYARD JOINT VENTURE LLC-WATER & SEWER
DEVELOPER'S AGREEMENT: (TR 11463) Executing a Water and Sewer Developer's
Agreement with Courtyard Joint Venture LLC., for the Palms Medical Campus Project,
located at 7710-7780 University Drive, requiring 6.5 ERC's for water and 4 ERC's for
sewer; requiring the payment of $19,850.00 in CIAC fees; authorizing and directing the
City Clerk to record said agreement in the public records of Broward County.
RESOLUTION NO. R2008-122
e. GRANT-FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -
BUREAU OF WATER FACILITIES FUNDING: (TR 11464) Accepting a Legislative
Project Grant in the amount of $200,000 from the Florida Department of Environmental
Protection, Bureau of Water Facilities Funding; authorizing the appropriate City Officials
to execute a project agreement between the Florida Department of Environmental
Protection and the City of Tamarac for funding in the amount of $200,000 towards
replacement of the City's radio system; authorizing a cash match of $200,000 from the
City's Capital Improvement Fund.
RESOLUTION NO. R2008-123
f. AMENDMENT NO. 6 — RON BOOK LOBBYING SERVICES: (TR11465)
Executing Amendment #6 to the Agreement between the City of Tamarac and Ronald L.
Book, P.A. for lobbying Services extending the agreement through September 10, 2009
at a cost not to exceed $66,000.
ITEM PULLED FROM CONSENT AGENDA FOR DISCUSSION
g. GRANTING A TIME EXTENSION OF ONE 1 YEAR FOR FINAL SITE PLAN
APPROVAL FOR BANK ATLANTIC: (TR11467) Granting a time extension of one (1)
year for Final Site Plan approval for Bank Atlantic, requested by Corporate Property
Services (Tara Toto), designated agent for the property owner (Case No. 15-SP-08);
providing for conditions of approval.
RESOLUTION NO. R2008-124
h. DR. ULIN MEDICAL CONTRACT RENEWAL: (TR11468) Renewing Resolution
R-2005-198 to Louis Scott Ulin, M.D., F.A.C.E.P., and Joe Alan Nelson, D.O.,
F.A.C.O.E.P., F.A.C.E.P. under L. Scott Ulin Emergency Medical Services Incorporated
for medical direction and supervision of the Tamarac Fire Rescue Medical Services, for
a two-year extension at a cost of Forty Thousand Dollars ($40,000) for FY09 and Forty
Thousand Dollars ($40,000) for FY10, for a total of Eighty Thousand Dollars for the two
year contract, with the right to renew for an additional one (1), two (2) year term.
RESOLUTION NO. R2008-125
i. BSO - EMS SUB -GRANT: (TR11470) Executing an Agreement between the City
of Tamarac, a sub -grant participant, and the Sheriff of Broward County, sub -grantee
project coordinator for the receipt of fiber-optic intubation scopes, under a Broward
County Emergency Medical Services (EMS) Grant, as part of the State EMS County
Grant Funds; authorizing the appropriate City Officials to execute an Agreement for
Participation.
RESOLUTION NO. R2008-126
September 10, 2008
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j. FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES: (TR11460)
Authorizing the Mayor of the City of Tamarac, Florida, on behalf of the City, to execute
and to otherwise enter into the attached First Amendment to Agreement for Legal
Services by and between the City of Tamarac and the Law Firm of Goren, Cherof,
Doody & Ezrol, P.A., pursuant to which contract the City does employ the Law Firm of
Goren, Cherof, Doody & Ezrol, P.A., as "City Attorney"; authorizing the Mayor to do all
things necessary to carry out the aims of this resolution, and, providing for an effective
date.
RESOLUTION NO. R2008-127
k. RENEWAL OF PROPERTY GENERAL LIABILITY AUTOMOBILE LIABILITY
AND AUTOMOBILE PHYSICAL DAMAGE LINES OF COV RAGE WITH THE
FLORIDA MUNICIPAL INSURANCE TRUST: (TR11461) Renewing General Liability,
Automobile Liability, and Automobile Physical Damage lines of coverage with the
Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1,
2008 at a cost of $717,931 and payment of any increase resulting from the annual
premium audit.
RESOLUTION NO. R2008-128
I. ANNEXATION INTERLOCAL AGREEMENT: (TR11473) Approving the
Interlocal Agreement between the City of Tamarac and Broward County to provide for
the implementation of the annexation of Continental Plaza area and the West
Commercial Boulevard/N.W. 31st Avenue area into the City of Tamarac; authorizing the
appropriate City officials to do all things necessary to effectuate the intent of this
resolution.
RESOLUTION NO, R2008-129
END OF CONSENT AGENDA
6(f). AMENDMENT NO. 6 — RON BOOK LOBBYING SERVICES: (TR11465)
Executing Amendment #6 to the Agreement between the City of Tamarac and Ronald L.
Book, P.A. for lobbying Services extending the agreement through September 10, 2009
at a cost not to exceed $66,000. City Attorney Goren read Temporary Resolution
11465 by title. Vice Mayor Sultanof seconded by Commissioner Dressler moved
approval. Commissioner Partner said Mr. Book has done very well for the City but
Commissioner Portner is not pleased with Mr. Book's reason for requesting an increase.
On roll call Commissioner Atkins -Grad voted "yes", Commissioner Partner "yes",
Commissioner Dressler "yes", Vice Mayor Sultanof "yes", and Mayor Flansbaum-
Talabisco "yes". Motion carried.
RESOLUTION NO. R2008-130
REGULAR AGENDA
7. DESIGNATING THE CITY'S DEPOSITORY AND PROVIDER OF BANKING
SERVICES: (TR11455) Motion to approve resolution of the City Commission of the
City of Tamarac, Florida designating , as the city
depository and provider of banking services; and executing an agreement for a period of
five (5) years, with an option to renew the agreement for one (1) additional two (2) year
period; providing for conflicts; directing City administration to negotiate a contract with
in accordance with the terms and conditions of the
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City's request for proposal; authorizing the City Manager to execute the negotiated
contract; providing for severability; and providing for an effective date.
A. Ranking
B. Motion to award bid.
C. Approval of TR11455, as amended
City Attorney Goren explained the rules of the road and procedures for this item.
Commissioner Dressler seconded by Vice Mayor Sultanof moved approval of the
procedures. There was discussion regarding the ability to speak to the item prior to
ranking. Commissioner Atkins -Grad seconded by Vice Mayor Sultanof moved to amend
the rules and procedures to adopt the rules of the road but to allow for Mayor and City
Commission comments and discussion prior to ranking. On roll call Commissioner
Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes",
Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion
approved, as amended. Financial Services Director Chapman gave a presentation and
responded to questions brought up by the Mayor and City Commission during the
September 8, 2008 Special Workshop session. Commissioner Dressler confirmed the
$17,000 worth of staff time is not a cash flow issue; the $5,000 for HTE to alter the
program is a fiscal impact. Commissioner Dressler asked staff to crunch the numbers
to see if installing an ATM is worthwhile. Commissioner Dressler questioned the length
of the contract and if it could be changed. Purchasing/Contracts Manager Glatz spoke
of a termination for convenience clause, and City Attorney Goren spoke of the length of
contract being included in the RFP. Commissioner Atkins -Grad read the termination for
convenience clause, and thanked everyone for their efforts. Commissioner Portner said
both banks made good presentations and this is a hard decision; Wachovia Bank has
given the City good service these past years, but his choice is Commerce Bank, and he
hopes they will provide even better service to the City. Commissioner Dressler thanked
staff and the advisory committee for their work on the RFP, and thanked staff for their
responses to questions raised at the workshop. Commissioner Dressler said both
presentations were good, thanked Wachovia Bank for many years of service, and
selected Commerce Bank. Commissioner Atkins -Grad said she was elected by her
constituents to do the right thing and she has reviewed the presentations and RFP; her
choice is Commerce Bank. Vice Mayor Sultanof said he has listened to both sides, but
finds in the long run a track record is something to be cherished; Vice Mayor Sultanof
chose Wachovia Bank. Mayor Flansbaum-Talabisco thanked City Manager Miller and
staff for the time and effort that went into putting out and examining the RFP, and
thanked the banks for their presentations. Mayor Flansbaum-Talabisco chose
Commerce Bank. City Clerk Swenson read the ranking sheets into the record: 4 for
Commerce Bank and 1 for Wachovia Bank. Commissioner Dressler seconded by
Commissioner Portner moved to designate Commerce Bank as the City's depository.
On roll call Vice Mayor Sultanof voted "no", Commissioner Atkins -Grad "yes",
Commissioner Dressler "yes", Commissioner Portner "yes", and Mayor Flansbaum-
Talabisco "yes". Motion carried. Commissioner Dressler seconded by Commissioner
Portner moved approval of TR11455, as amended. DESIGNATING THE CITY'S
DEPOSITORY AND PROVIDER OF BANKING SERVICES: (TR11465) Motion to
approve resolution of the City Commission of the City of Tamarac, Florida designating
Commerce Bank, as the city depository and provider of banking services; and executing
an agreement for a period of five (5) years, with an option to renew the agreement for
September 10, 2008
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one (1) additional two (2) year period; providing for conflicts; directing City
administration to negotiate a contract with Commerce Bank in accordance with the
terms and conditions of the City's request for proposal; authorizing the City Manager to
execute the negotiated contract; providing for severability; and providing for an effective
date. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes",
Commissioner Portner "yes", Vice Mayor Sultanof "no", and Mayor Flansbaum-
Talabisco "yes". Motion carried.
RESOLUTION NO. R2008-131
ORDINANCES — FIRST READINGS
There were no ordinances scheduled for first reading.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
There were no ordinances scheduled for second reading.
QUASI-JUDICIAL HEARINGS
There were no quasi-judicial hearings.
END OFQUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
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 9:00
p.m.
Marion Swenson, CMC
City Clerk
1
September 10, 2008
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Beth Flansbaum-4ralaa4bisco]
Mayor