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HomeMy WebLinkAbout2009-09-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY SEPTEMBER 23, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Regular Meeting of the City Commission to order at 9:00 a.m. on Wednesday, September 23, 2009 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 Julie Klahr, and City Clerk Marion Swenson. Vice Mayor Atkins -Grad led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a Certificate of Recognition to the Mayor and City Commission by Natalie Goldberg, Broward County Transportation Department for Tamarac's participation in actively promoting Broward County Transit, the pre-tax commuter benefit program, and alternative modes of transportation for City Employees. b. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming September 2009 as "Tamarac Firefighter Appreciation Month". (Requested by Colleen Sparks, MDA Executive Director) Interim Fire Chief Moral accepted. C. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming October 5 - 9, 2009 as "Customer Service Week". (Requested by Sterling Team 3 - Customer & Market Focus) Mayor Flansbaum-Talabisco said at a meeting last night one of the speakers approached her and said two weeks ago he was transported by Tamarac Fire Rescue because he suffered a heart attack, and he asked Mayor Flansbaum-Talabisco to extend her thanks to the Tamarac Fire Department for the exceptional treatment he received. 2. COMMISSION REPORTS: Commissioner Bushnell said now that fall is upon us the associations have again begun to hold their meetings. Commissioner Bushnell said she has been working hard on the census which is coming up this spring. Commissioner Bushnell welcomed Commissioner Glasser back. Vice Mayor Atkins Grad said this has been a busy time and she is on many committees. It is a good time to be the Vice Mayor of Tamarac. Commissioner Glasser thanked everyone for their kind words, plants and visitation during her recent stay in the hospital. She is happy to be part of the Tamarac family. Page 1 of 5 Regular City Commission Meeting September 23, 2009 Commissioner Dressler welcomed Commissioner Glasser back. Commissioner Dressler gave an update on the MPO and spoke of the cost for a feasibility study for managed lanes on 1-95. Commissioner Dressler questioned the benefit to spending money on a feasibility study when Miami Dade has already done one and Palm Beach County is going to do one. Commissioner Dressler also spoke of the fact that the managed lanes would provide no fiscal impact to any of the cities in Broward County. When the vote came up for a feasibility study, out of 19 delegates to the MPO, Commissioner Dressler was one of three who voted no. Commissioner Dressler spoke of the MPO 2009 Broward MPO Transportation Enhancement Program Status Report for Preliminary Project Priorities, and said the City of Tamarac has two projects ranked on the list: canal path safety lighting for the C-14 canal and Tamarac bikeway/walkway system Phase III. Community Development Director Bramley said these are planned to be funded through enhancement grants and Tamarac is ranked sixth and seventh on the list. Item six could be partially or fully funded depending upon how much money is allocated for the first five projects on the list. Item seven is eligible but not funded. Commissioner Dressler confirmed should either project not be funded they will be re -ranked next year. Commissioner Dressler added these are large amounts of money and if we do not ask for funding, we definitely will not get it. Commissioner Dressler thanked staff for their efforts on these projects. Mayor Flansbaum-Talabisco gave an update on the Broward County Water Research Task Force, which was set to wind down by December. The task force decided to continue meeting through May so they would have time to set policy. The mission of the task force is `regional solutions to local problems'. By 2025 there will be a countywide water deficit; state law says we will no longer be able to take water from the Biscayne Aquifer, so we will need to find alternative water supplies. Some solutions are to look into reclaimed wastewater, building a reservoir, a reverse osmosis plant, and water conservation. Mayor Flansbaum- Talabisco reported BSO Lt. Fred Wood, a former scout master, has put together BSO Law Enforcement Explorer Post #7, where youngsters age 14 — 20 can learn everything about a career path in law enforcement. 3. Assistant City Attorney Klahr brought greetings from City Attorney Goren who was unable to attend this morning's meeting. 4. City Manager Miller reported last week Tamarac Fire hosted 'Train the Trainer' at Fire Station 15, to gear up for the H1 N1 vaccinations. Tamarac Fire will be as prepared as we can be in the eventuality of a pandemic, and Tamarac is in the lead in this effort. The Human Resources Department received the American Heart Association Fit -Friendly Gold Award for the 2nd year in a row. We will be listed in Fortune magazine as one of the winners of the award. Parks and Recreation previewed their new DVD about parks and recreation programs. The DVD is available for any group that wants to see it, as well as a presentation by Parks and Recreation. Saturday, September 26, from 10:00 a.m. — 2:00 p.m. at the Caporella Aquatic Center there will be a program on Parks and Recreation, at which time the DVD will be shown and available programs will be showcased. 5. PUBLIC PARTICIPATION: Joe Schreiber, 10504 E. Clairmont Circle questioned items 6(e), 6(f), 6(g), and 6(i) on the consent agenda, in particular the need to spend these funds at this time. City Manager Miller explained the necessity for the expenditures and availability of funding. Page 2 of 5 Regular City Commission Meeting September 23, 2009 6. Vice Mayor Atkins -Grad seconded by Commissioner Glasser moved approval of all items on the consent agenda. On roll call Commissioner Bushnell voted "yes", Vice Mayor Atkins -Grad "yes", Commissioner Glasser "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. Approval of the September 9, 2009 Regular City Commission Meeting Minutes APPROVED b. Approval of the September 14, 2009 Special Commission Meeting Minutes APPROVED c. TR 11696 Authorizing Tamarac Fire Rescue to purchase medical and firefighting supplies from Broward County Sheriffs Office, Fire Rescue Division Logistics Warehouse during FY10, in an amount not to exceed one hundred thirty thousand dollars ($130,000.00); authorizing the appropriate City officials to execute a Liability Waiver in connection with the purchases. RESOLUTION NO. R2009-129 d. TR11677 Authorizing the appropriate city officials to exercise the Third Renewal Option of Agreements to "Furnish, Deliver and Discharge of Quicklime" to, and execute agreement amendments with, Chemical Lime Company of Alabama, LLC for the City of Tamarac and on behalf of sixteen members of the Southeast Florida Governmental Purchasing Cooperative; and with Carmeuse Lime & Stone, Incorporated on behalf of two members of the Southeast Florida Governmental Purchasing Cooperative, for a period of one year with one (1) additional one-year renewal options, and acknowledge and approve a change in corporate name and corporate structure for Chemical Lime Company of Alabama, LLC, RESOLUTION NO. R2009-130 e. TR11679 Authorizing the appropriate City Officials to execute Task Authorization No. # 09-05E with HSQ Group, Inc. To provide professional engineering services for the design and permitting of the Parallel Culvert Improvement Project, in accordance with the City's Continuing Service Agreement as authorized by Resolution #R-2009-090; authorizing an expenditure for said purpose in an amount not -to -exceed $74,200.00; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2009-131 f. TR11687 Authorizing the appropriate City officials to execute the second renewal option agreement with Advanced Data Processing, Inc. (ADPI) to provide for the administration, processing and receipt of payments associated with transporting Emergency Medical Service (EMS) patients on behalf of the City of Tamarac Fire Rescue Department. RESOLUTION NO. R2009-132 g. TR11689 Authorizing the appropriate City Officials to execute an agreement with Sealtec Construction Group, Inc. for the construction of the Tamarac Alleyway Improvement Project, located between State Road 7 and NW 38th Terrace and West Commercial Boulevard and NW 49th Street in accordance with Bid No. 09-15B, for an amount not to exceed $92,751.90 from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2009-133 h. TR11693 Authorizing the appropriate City officials to accept and execute the Interlocal Agreement between the City and Broward County for public transportation services. RESOLUTION NO. R2009-134 Page 3 of 5 Regular City Commission Meeting September 23, 2009 i. TR11694 Authorizing the appropriate City officials to execute a Stormwater Easement with Shaker Village Condo Association for the Stormwater Boat Ramp Project, authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2009-135 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING There were no Ordinances schedules for first reading. PUBLIC HEARING(S) 9:00 AM OR THEREAFTER ORDINANCE(S)— SECOND READINGS There were no ordinances scheduled for second reading. QUASI-JUDICIAL HEARING 7. TR 11692 Approving a Special Exception to permit the extension of business hours to serve alcohol from 2:00 a.m. to 4:00 a.m. on New Year's Eve and St. Patrick's Day within an existing night club located at 5305 North State Road 7(AII of Commercial Plaza, according to the Plat thereof as recorded in Plat Book 82, Page 50 of the Public Records of Broward County, Florida) (Case No. 12-Z-09); providing for conditions of approval. Assistant City Attorney Klahr read Temporary Resolution 11692 by title. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval of TR 11692. City Clerk Swenson swore in those who wished to speak on this item. Assistant City Attorney Klahr explained the quasi-judicial procedures. Wilton Pao, 5040 NW 70 Street, designated agent on behalf of the applicant Angel Cutana, chose not to waive the quasi-judicial rights. Community Development Director Bramley gave a presentation. Mr. Pao explained the owner is willing to have extra security on the premises, especially during the extended hours requested, and will pay out of his own pocket. Mayor Flansbaum-Talabisco expressed her disappointed in reading the backup from the Planning Board and Community Development Department, and said the business flies in the fact of everything Tamarac is about and what the Mayor and City Commission want for their residents. Mayor Flansbaum-Talabisco addressed the BSO report and Wilton Pao replied the owner said his is not the only business in the area. Commissioner Bushnell said she understands in this recession he is trying to make every dollar he can, but four hours in one year, plus paying for security out of his own pocket will hardly make the business survive. Commissioner Bushnell said she does not want any more problems for the residents and given the BSO report it is not a good situation. Commissioner Dressler confirmed Mr. Pao could translate for the business owner and asked if this is the only business serving alcohol in the area. Community Development Director Bramley said staff reviewed other open businesses in the area. The calls are contributed only to Las Panteras. BSO Chief Duguay and Sgt. Carter appeared and confirmed they were sworn in by the Clerk. Commissioner Dressler questioned the type of calls and BSO Chief Duguay replied over the past two years there were many calls but a search narrowed it just to this business. Commissioner Dressler asked if BSO Chief Duguay sees this business as a danger to the public safety of Tamarac and BSO Chief Duguay said there are an unusual amount of issues to deal with and if BSO is tied up there nightly it is hard to police the rest of the City; some of the calls are not one Page 4 of 5 Regular City Commission Meeting September 23, 2009 1 deputy calls for service — they take an entire shift to respond. Commissioner Dressler suggested BSO work with the owner to mitigate the problems and if the violence cannot be reigned in, BSO should report back to the Mayor and City Commission so further action can be considered. Mr. Pao said Mr. Cutana is willing to work with BSO and to also hire security in the evenings. Commissioner Bushnell suggested the business work with BSO and come back again next year for reconsideration by the Mayor and City Commission. Vice Mayor Atkins -Grad said she is disturbed to hear this kind of report and she will never give an extension of hours to this business. Commissioner Glasser said based upon staff and sheriff reports as well as testimony, she is in agreement at this point in time to not extend the hours. Mayor Flansbaum-Talabisco opened the public hearing. Joe Schreiber, 10504 E. Clairmont Circle asked the Mayor and City Commission to deny the application. With no one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. On roll call Commissioner Dressler voted "no", Vice Mayor Atkins -Grad "no", Commissioner Bushnell "no", Commissioner Glasser "no", and Mayor Flansbaum-Talabisco "no". Motion denied. TR 11692 DENIED END OF QUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) 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 10:13 a.m. ,k Marion Swenson, G! City Clerk. Page 5 of 5 ♦i' i Regular City Commission Meeting September 23, 2009