HomeMy WebLinkAbout2006-09-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY SEPTEMBER 13, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 8:30 p.m. on Wednesday, September 13, 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, Assistant City Attorney D. J. Doody,
and City Clerk Marion Swenson.
Mayor Beth Flansbaum-Talabisco led the pledge of allegiance.
INTRODUCTION
PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Representatives Matt Meadows and Ari Porth of a DEP Storm
water Grant in the amount of $750,000 towards the City's Stormwater Pump
Replacement Project. Rona Silverman, Administrative Aide to Representative Ron
Greenstein appeared on his behalf, and Lobbyist Ron Book appeared with Director of
Government Affairs Kelly Mallette. Senator Skip Campbell was unable to attend.
Representative Meadows said he is happy to bring this check to the City.
Representative Porth said he is happy to have been of assistance. Mr. Book thanked
the Mayor and City Commission for giving him, Ms. Mallette and his firm the opportunity
to represent the City of Tamarac and the taxpayers. It is a lobbyist's job to channel
requests and make sure the City of Tamarac and the taxpayers get their fair share back.
This $750,000 grant is the largest of any given to a municipality this last session, and
the entire delegation helped make this happen. Mr. Book said he would miss Senator
Campbell and Representative Greenstein. Mayor Flansbaum-Talabisco thanked
everyone for their part in getting this money to the City of Tamarac.
b. Presentation by Representatives Matt Meadows and Ari Porth, and Rona
Silverman, Administrative Aide on behalf of Representative Ron Greenstein, of two
Florida Recreational Development Assistance Program checks in the amount of
$200,000 each towards development of Southgate Linear Park and the Tamarac Sports
Complex. Senator Campbell was unable to attend. Representative Meadows said the
cost of equipment has gone up appreciably and he will try for an increase in the amount
of money the City gets next year.
September 13, 2006
Page 1 of 8
C. Presentation by Broward County Mayor Graber of a $150,000 check to the City
of Tamarac for Southgate Linear Park. Deferred to the September 27, 2006
commission meeting as Broward County Mayor Graber was unable to attend the
meeting.
d. Introduction of Piper High School Principal Enid Valdez to the Mayor and City
Commission by School Board Member Stephanie Kraft. This item was held in
abeyance due to the fact that Ms. Valdez was unable to attend the meeting. Mayor
Flansbaum-Talabisco said she and Commissioner Atkins -Grad attended the dedication
of Piper High School's new stadium on Friday evening.
e. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming
September 2006 as National Alcohol and Drug Addiction Recovery Month in the City of
Tamarac. Human Resources Director Swanson accepted.
f. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming
September 2006 as Save A Life Month in the City of Tamarac. Fire Chief Budzinski
accepted. Fire Chief Budzinski said Tamarac Fire Rescue provides training in CPR,
AED's and first aid, as well as the CERT Program, and encouraged all to participate in
these programs. Mayor Flansbaum-Talabisco said 14 years ago in New York, she was
able to save her husband's life because she knew CPR. Mayor Flansbaum-Talabisco
said this program is near and dear to her heart and the Mayor and City Commission
support the efforts of the community to learn the techniques. Fire Chief. Budzinski
announced the Open House scheduled for October 14 at Fire Station 41, from 10:00
am-2:00 pm.
2. City Commission: Mayor Flansbaum-Talabisco reported that negotiations with
ArtServe are continuing and should be finalized soon; art work will be displayed in City
Hall. Piper High School has a new stadium and Commissioner Atkins -Grad serves well
as our education liaison. Mayor Flansbaum-Talabisco said last evening she attended a
meeting with volunteers from the City for `Relay for Life'. This will take place in May
throughout the County; the volunteers raise money for a cure for cancer. Vicki Reid of
the Chamber of Commerce is deeply involved with this organization. Mayor
Flansbaum-Talabisco wished all her Jewish friends a Happy New Year.
Vice Mayor Portner had no report.
Commissioner Atkins -Grad reported on preparations for Tropical Storm Ernesto, which,
happily, turned into an exercise in preparation; lessons were learned from Hurricane
Wilma. Commissioner Atkins -Grad said she attended the invocation of the Piper High
School stadium and met Principal Valdez. Commissioner Atkins -Grad said she is a
member of the School Advisory Board for Challenger Middle School, and congratulated
Challenger Elementary School's new principal Maria Bach. Commissioner Atkins -Grad
said she toured the school with Vice Principal Glenda McMurray and had the
opportunity to read to the kindergarten class. Commissioner Atkins -Grad reports she
has been busy with phone calls, a -mails and meetings with constituents in her district.
September 13, 2006
Page 2 of 8
Commissioner Sultanof said the $150,000 for Southgate Linear Park has already been
received by the City. Commissioner Sultanof complimented Financial Services Director
Chapman and his staff for putting together the budget, which document is the breath of
the City. Commissioner Sultanof explained the reserves are obligated by law, and the
City of Tamarac has received awards from the State over the past 12 years for its
budget. Commissioner Sultanof said the City has done very well and continues to do
the best for its residents, and this commission melds well together and seldom has
disagreements. Tamarac is the fastest growing City in Broward County.
Commissioner Dressler had no report.
3. City Attorney: Assistant City Attorney Doody had no report.
4. City Manager: City Manager Miller announced BSO Chief Dugger has been
appointed as adjunct professor at FIU (Biscayne Campus). Tamarac submitted a
nomination for Tamarac HPO Sterling to the Innovations Group, which will give us an
opportunity to present at the Innovations Conference. The City spent $60,000 preparing
for Tropical Storm Ernesto and we are now working with the County toward
reimbursement of the funds. Parks and Recreation reports that the Princess Party and
the elementary school age Back to School Dance were both huge successes.
Upcoming activities are the Punt, Pass and Kick Competition and the Back to School
Dance for Middle School age children. Public Works announces the hazardous waste
and electronics recycling drop off on September 17�' from 8:00 am — 3:00 pm at their
location on Nob Hill Road.
PUBLIC PARTICIPATION
5. Patti Lynn, 6411 NW 58 Street said she spoke with Vice Mayor Portner after the
Special meeting and will go over the budget to see where costs can be cut. Ms. Lynn
spoke of the article in the Sun Sentinel about Ms. Niermeyer, said she felt it was mean
spirited, and questioned action with regard to Neighbors Assisting Neighbors' (NANI's)
request for funding. Mayor Flansbaum-Talabisco said this was discussed at Monday's
workshop and was not meant to be placed on this agenda. Angela Niemeyer, 6809 NW
73 Avenue presented a letter from the attorney who represented her in 1998 during
allegations of criminal conduct. (Said letter is attached hereto and incorporated as part
of these minutes.) Ms. Niemeyer said there was no admission of guilt on her part, nor
was she found guilty and she hoped the Mayor and City Commission would support
NANI. Mayor Flansbaum-Talabisco said the newspaper article in question is very mean
spirited, and praised Ms. Niemeyer for coming forward this evening. Mayor Flansbaum-
Talabisco said the Mayor, City Commission and staff would do their due diligence as
usual. Judith Margolis, 4704 Queen Palm Lane, asked about the status of televising
meetings. Ms. Margolis said the community spoke of support in favor of November
elections and questioned term limits. Mayor Flansbaum-Talabisco explained term limits
are not being changed but the length of the term will change if the charter amendment
passes. City Manager Miller said with regard to televising meetings, the Department
September 13, 2006
Page 3 of 8
Director handling this is out of the country at this time; when he returns a report will be
brought to the Mayor and City Commission. Commissioner Dressler said he is looking
forward to the report. Commissioner Dressler thanked the residents for their support on
behalf of the Charter change. Jose Rodriguez, 8089 NW 71 Court spoke of expenses
as a result of Hurricane Wilma and increased taxes. Commissioner Dressler
questioned Mr. Rodriguez on whether he was informed the taxes would increase when
he bought his home due to a change in the assessment. Mr. Rodriguez said he was
informed. Vice Mayor Portner said Tamarac taxes are the lowest in the TRIM Notice. If
people have complaints they need to go to the County; Tamarac does not control
County taxes or Medicare. Mayor Flansbaum-Talabisco said during public participation
the Mayor and City Commission listen and sometimes respond. This has been an
emotional evening. Commissioner Dressier said the newspaper article regarding Ms.
Niemeyer was mean spirited; the City has no control over this. The power of the press
is tremendous. The elected officials make their decisions based upon the process of
due diligence. At the workshop meeting the Mayor and City Commission listened to the
presentation and came to a consensus. Staff will now perform their due diligence to
make sure the taxpayers' money is being spent properly.
CONSENT AGENDA
6. Commissioner Sultanof seconded by Commissioner Dressler moved approval of
all items on the consent agenda. 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. ■
a. APPROVE the minutes of the August 23, 2006 Regular City Commission
meeting.
APPROVED
b. RENEWAL OF AGREEMENT BETWEEN THE CITY OF TAMARAC AND
RONALD BOOK — LOBBYIST SERVICES: (TR11025) Executing Amendment #4 to the
Agreement between the City of Tamarac and Ronald L. Book, P.A., for lobbying
services extending the Agreement through September 10, 2007 at a cost not to exceed
$60,000.
RESOLUTION NO. R2006-153
C. WATER AND SEWER DEVELOPER'S AGREEMENT — HALL FOUNTAINS
PROJECT: (TR11023) Executing a Water and Sewer Developer's Agreement with S &
S Worldwide Properties, for the Hall Fountains Project, located at 5500 NW 22"d
Avenue, requiring 10 ERC's for water and 5 ERC's for sewer; requiring the payment of
$23,000.00 in CIAC fees; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2006-154
d. AMENDMENT TO SITE LEASE AGREEMENT WITH T-MOBILE SOUTH LLC —
GENERATOR AT CELL TOWER SITE AT WATER TREATMENT PLANT
PROPERTY: (TR11034) Executing First Amendment to the Communications Site Lease
Agreement with T-Mobile South LLC, as successor in interest to Omnipoint Holdings,
Inc. to lease additional ground space at a cost of $350 per month, for the installation of
September 13, 2006
Page 4 of 8
a 20 KW propane generator at the cell tower site located at the Water Treatment Plant
property.
RESOLUTION NO. R2006-155
e. AMENDMENT TO SITE LEASE AGREEMENT WITH T-MOBILE SOUTH LLC —
GENERATOR AT CELL TOWER SITE AT 7525 NW 88T" AVENUE: (TR11035)
Executing First Amendment to the Communications Site Lease Agreement with T-
Mobile South LLC, as successor in interest to Omnipoint Holdings, Inc. to lease
additional ground space at a cost of $350 per month for the installation of a 20 KW
propane generator at the cell tower site located at 7525 NW 88th Avenue, Tamarac.
RESOLUTION NO. R2006-156
f. GRANT AGREEMENT - 2006 HAZARD MITIGATION GRANT PROGRAM:
(TR11047) Submitting an application to the Federal Emergency Management Agency
(FEMA) for Hazard Mitigation Grant Program funds for wind hardening of Fire Stations
41 and 78 in the amount not to exceed $135,000 providing for a 25 percent cash match
of $45,000 in local funds for a total project cost of $180,000 in the event of approval of
the application; authorizing adherence to a routine maintenance agreement between the
City of Tamarac and FEMA in the event the award is approved; providing for
acceptance of the award and executing of documents upon approval.
RESOLUTION NO. R2006-157
g. ACCEPTING AND ADOPTING MUNICIPAL EMERGENCY PLAN: (TR10985)
Accepting and adopting the Municipal Emergency Plan for the City of Tamarac;
authorizing revisions.
RESOLUTION NO. R2006-158
h. FDOT LAP AGREEMENT — NW 82"d STREET SIDEWALK IMPROVEMENTS:
(TR11013) Executing a Local Agency Program Agreement with the State of Florida
Department of Transportation for participation in the Fiscal Year 05/06 FDOT Work
Program for the construction of sidewalk improvements on NW 82nd Street between
University Drive and NW 815t Avenue.
RESOLUTION NO. R2006-159
i. FLORIDA COALITION FOR SAFE HIGHWAYS: (TR11028) Supporting the
Florida Coalition for Safe Highways against increases in truck size and weight to reduce
the number of highway deaths and issues which threaten highway safety.
RESOLUTION NO. R2006-160
j. USER FEES — PARKS AND RECREATION DEPARTMENT: (TR11040)
Establishing user fees for the Parks and Recreation Department programs, services and
facilities at City Parks and Recreation Facilities effective Fiscal Year 2007.
RESOLUTION NO. R2006-161
k. PURCHASE OF ADA ACCESSIBLE PLAYGROUND EQUIPMENT FOR
TAMARAC PARK: (TR11041) Purchasing ADA accessible playground equipment for
the replacement of the existing Tamarac Park playground, including safety surface, at a
total cost not to exceed $69,356.51, from Gametime, offered in accordance with US
Communities Government Purchasing Alliance; approving funding from the appropriate
capital improvement accounts.
RESOLUTION NO. R2006-162
I. GRANT AGREEMENT - 2006 HAZARD MITIGATION GRANT PROGRAM:
(TR11046) Submitting an application to the Federal Emergency Management Agency
September 13, 2006
Page 5 of 8
(FEMA) for Hazard Mitigation Grant Program funds for wind hardening of the City
Utilities, Public Works, and Water Treatment Plant buildings in the amount not to
exceed $150,000 providing for a 25 percent cash match of $50,000 in local funds for a
total project cost of $200,000 in the event of approval of the application; authorizing
adherence to a routine maintenance agreement between the City of Tamarac and
FEMA in the event the award is approved; providing for acceptance of the award and
executing of documents upon approval.
RESOLUTION NO. R2006-163
M. TERMINATING JANITORIAL AGREEMENT WITH CLEANING SYSTEMS, INC.
AND EXECUTING AGREEMENT WITH TRIANGLE SERVICES INC.: (TR11036)
Approving the termination of the agreement with Cleaning Systems, Inc; authorizing the
appropriate City officials to execute an agreement with Triangle Services, Inc for
citywide janitorial services per Bid No. 06-0813; authorizing an annual expenditure in an
amount not to exceed $246,648; authorizing budget amendments for proper accounting
purposes.
RESOLUTION NO. R2006-164
n. WESTWOOD DRIVE CULVERT IMPROVEMENT PROJECT: (TR11044)
Awarding Bid Number 06-13B to Tenex Enterprises, Inc. and executing a contract with
Tenex Enterprises, Inc., for an amount of $169,960.00 for the culvert improvement
project at Westwood Drive, authorizing the City Manager to make necessary additions,
deletions or revisions to the work plan pursuant to Sec. 6-156 of the Code of the City of
Tamarac, Florida; authorizing budgetary transfers as necessary for proper accounting
purposes.
RESOLUTION NO. R2006-165
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
7. AMENDING PRIOR ZONING — SOUTHEAST CORNER OF NORTH
UNIVERSITY DRIVE AND NW 64T" STREET: (T02119) Motion to adopt Ordinance on
first reading amending prior zoning of certain real estate property (aka: Bruce Plat)
from B-2 (Planned Community Business District) to S-1 (Recreational District), lands
commonly known as a Portion of Parcel "A" of the "Bruce Plat", according to the Plat
thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward
County, Florida, generally located at the southeast comer of North University Drive and
NW 64t" Street (Case No. 9-Z-06); providing for amendment of the official zoning map to
reflect such change. Assistant City Attorney Doody read Temporary Ordinance 2119 on
first reading by title. Vice Mayor Portner seconded by Commissioner Dressler moved
approval. Deputy City Manager/Interim Director of Community Development Cernech
gave a presentation. Mayor Flansbaum-Talabisco opened the item to a 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 SEPTEMBER 13, 2006
September 13, 2006
Page 6 of 8
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
There were no ordinances scheduled for second reading for this meeting.
QUASI-JUDICIAL HEARINGS
8. SPECIAL EXCEPTION — NICKY'S PLACE PRESCHOOL: (TR11029) Motion to
approve Resolution granting a Special Exception to allow the operation of a Preschool
(commonly referred to as a Daycare) in a B-2 (Planned Community Business District)
zoning category to Nicky's Place Preschool located at 7150-7160 West McNab Road in
the Brookwood Shopping Center, specifically Parcel "1" of the "Mainlands of Tamarac
Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 3 of the
Public Records of Broward County, Florida (Case No. 8-Z-06); providing for conditions
of approval. Assistant City Attorney Doody read Temporary Resolution 11029 by title.
Commissioner Sultanof seconded by Commissioner Dressler moved approval.
Assistant City Attorney Doody explained the quasi-judicial procedures and Sarat Dayal
waived his quasi-judicial rights. Deputy City Manager/Interim Director of Community
Development Cernech gave a presentation. Commissioner Sultanof confirmed
certification of the employees and the fact that the sexual predator act is adhered to in
light of the location of the school. Mayor Flansbaum-Talabisco asked if this is the first
time the owner has opened this type of business and asked when he anticipated
opening this center. Mr. Dayal said he has three other centers in Broward County and
this one should be opened in December. Mayor Flansbaum-Talabisco spoke of safety
and enforcement. Commissioner Atkins -Grad asked if the school would participate in
picking up children at local schools for the after school program and Mr. Dayal said they
would. Mayor Flansbaum-Talabisco opened the public hearing. Sam Schwartz,
Concorde Village, spoke of emergency vehicle access and safety and parking. Judy
Margolis, 4704 Queen Palm Lane asked if the ratio of staff to children is adequate and
Mr. Dayal said it is but if more staff is needed it would be addressed. Patti Lynn, 6411
NW 58 Street questioned traffic and asked whether there are sexual predators in the
immediate area of the school. Deputy City Manager/Interim Director of Community
Development Cernech said the sexual predator issue had been addressed and there
are no traffic issues. Vice Mayor Portner asked if traffic will be monitored during drop
off and pick up times and BSO Chief Dugger said it will be monitored the same as the
rest of the city unless there are problems or complaints, at which time special attention
will be given to this area. With no one else wishing to speak, Mayor Flansbaum-
Talabisco closed the public hearing. Mayor Flansbaum-Talabisco thanked BSO Chief
Dugger for the use of the sign boards warning people to lock their cars and not to leave
valuables in clear view. On roll call Vice Mayor Portner voted "yes", Commissioner
Dressler "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes",
and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2006-166
END OF QUASI-JUDICIAL HEARINGS
September 13, 2006
Page 7 of 8
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the meeting at 9:40 pm.
d
Marion Swenson, CIVIC
City Clerk
Beth Flansbaum-Talabisco, Mayor
September 13, 2006
Page 8 of 8
1
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09/IB✓2006 14: 12- K54227741 MCGRA14 LAW OFFICE PAGE �a1!02
JAMES R. McGRAW, ESQ.
Attorney -at -Law
The Manroo Building associate: Katy Karlovitx, Esq,
333 East On,ondsla, Street
Syraeui:a, Now 'fork 13202 of Counsel: H 17ans VarAce, Esq.
Tel.: (315) 422-7725
Fax: (315) 422.7741
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DATE: 5atemba Ia. 26
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COMMENTS:
NOTE: The pages of this tranamission contain confidential information from the laA.
office of Jaynes R. McGraw. This information is intcndcd solely for the use by the individual
or entity named as the recipient above. If you are nat the intended recipient, please be advise:i
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• 0:i13/2006 14:12 31�4227741 MCEPAW LAIC OFFICE PAGE. J2i0
JAMES R. McGRAW, ESQ.
Attorney -at -Law
The Monroe Buliding A-Swelatc: Katy Wevitz, Esq.
333 East Onondaga Street
Syracuse, New York 1,3202 Of Counsel: H Dana Vantlee, Esq.
Tel.: (315) 422.7725
Fax, (315) 422.7741
September 13, 2006
Re: Angela Niemeyer
To Whom 1t May Concerti:
I am an attorney and l represented Angela Niemeyer regarding allegations of criminal conduct
in the year 1.99&
The allegations were dismissed and the file was sealed.
Angela has never been convicted of a crime in New York State, or any other state, that I atn
aware of.
Very truly yours,
Tak e,
James R, McGraw
J'Rvl:lf