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HomeMy WebLinkAbout2006-09-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY SEPTEMBER 27, 2006 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, September 27, 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, and Commissioner Marc L. Sultanof. ABSENT/EXCUSED: Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Vice Mayor Edward C. Portner led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by John Pryor of the GFOA 2005 Distinguished Budget Award to the Financial Services Department. This item was deferred to a later meeting due to a conflict in Mr. Pryor's schedule. b. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming September 2006 as "Prostate Cancer Awareness Month" in the City of Tamarac. Mayor Flansbaum-Talabisco read the proclamation into the record. 2. City Commission: Mayor Flansbaum-Talabisco reported the League of Cities has put together a Hurricane Preparedness Committee, and the Committee will dispense monthly tips to the public through the Sun -Sentinel and Homeowner and Condo Associations in Broward County. Mayor Flansbaum-Talabisco said she attended a Library Board meeting last week and there has been talk about potential cuts to libraries. Mayor Flansbaum-Talabisco said she spoke with Broward County Commissioner Lieberman this morning about this issue and was told libraries will remain untouched except for perhaps a County recommendation to change hours for some libraries. Mayor Flansbaum-Talabisco reported she had discussions with Fire Chief Budzinski about the Juvenile Fire Prevention Program. An additional $50,000 is needed to fund the program and it has been funded. Monday evening Mayor Flansbaum-Talabisco attended the first Educational Summit in Tamarac. Thursday Mayor Flansbaum-Talabisco represented Tamarac, along with City Manager Miller and Assistant City Manager Phillips in Washington, D.C. They talked with the elected officials about funding programs for Tamarac, and they were assisted by the lobbyist September 27, 2006 Page 1 of 9 from the Russ Reid group. Mayor Flansbaum-Talabisco commended Vice Mayor Portner on paving the way for her to go to Washington; Mayor Flansbaum-Talabisco said the meeting was positive and productive. Vice Mayor Portner said he is an 11-year prostate cancer survivor and urged all men age 50 and above to have a PSA test as it will save their lives in the long run. Commissioner Atkins -Grad said she found out on Friday that her brother has prostate cancer and encouraged men to have the PSA test. Commissioner Sultanof acknowledged Ralph Baer in the audience, representing Jeremy Ring, and invited Mr. Baer to attend future meetings. Commissioner Sultanof addressed remarks to Ms. Patti Lynn, who was in the audience, and said years ago he also ran for office and was not elected, but he waited and was then appointed to take the seat of someone who left mid-term, and he was elected after that and has been serving ever since. Commissioner Sultanof said the Mayor can go into any district she chooses to speak, and she informs the district commissioner ahead of time. For any questions relating to a particular district, people should call that district's commissioner. If there are, in particular, questions regarding district two, then Commissioner Atkins - Grad should be contacted. The elected officials are doing a good job. Commissioner Sultanof said the City of Tamarac can ill afford an election in March; if we move to November elections the county will pick up the majority of the cost of the election. Mayor Flansbaum-Talabisco acknowledged Lori Plotnick, a faithful attendee, representing Representative Ari Porth. 3. City Attorney, City Attorney Goren said for the next legislative session there are discussions pending regarding a change in State law to freeze obligations at the roll back rate for future years. No Bill has been filed yet; the roll back rate is not the rate on which the budget is based. When a Bill is filed, staff will review it; the desire at this coming session is for larger tax relief measures, but there may be implications for cities of certain size. For Tamarac, a city that is judicious about its budget, this could be a move that would penalize the city; we will need our representatives to look at this carefully for FY08. Commissioner Sultanof asked if the language had been amended to Temporary Resolution 11071, as discussed during the workshop meeting on Monday. City Attorney Goren said in the final resolution reference to senior citizens was deleted and global language was added. Vice Mayor Portner said Gubernatorial Candidate Crist is desirous of doubling homestead exemption, but Vice Mayor Portner is of the opinion that many cities already have additional exemptions. City Attorney Goren said this item will appear on the November 7 ballot and is an increase from $25,000 to $50,000. This was brought forth in a joint resolution during the past session; but this is a different issue than the one City Attorney Goren brought forward for discussion this morning. City Manager Miller said September 27, 2006 Page 2of9 the additional exemption could have a major impact on the cities. Vice Mayor Portner asked that Financial Services Director Chapman determine the financial impact to Tamarac. 4. City Manager. City Manager Miller congratulated Human Resources Director Swanson and the Human Resources Department on receipt of a most prestigious award from the International Public Management Association for Human Resources as the Best Small City Human Resources Department in the Country. After Hurricane Wilma, the atterdion the Human Resources Department gave to the senior citizens in Tamarac, under the direction of Human Resources Director Swanson, organizing deliveries and teams, checking on our seniors, is a example of the work this department does day in and day out. Parks and Recreation reports the amphitheater at Sunset Point Park that suffered damage as a result of Hurricane Wilma, has been repaired. The next concert of the series will be held there on October 13 beginning at 7:00 p.m. The semi-annual garage sale will take place at the Recreation Center on Saturday, October 7tn Participation in our children's programs is growing; the Saturday morning dance class now has 52 children enrolled. Mayor Flansbaum-Talabisco said with regard to our programs, while she was in Washington talking with our elected officials, at each meeting discussion was held regarding Tamarac's changing demographics and the fact that we are now a city of juniors, seniors and 'in-betweeners', which is why funding of our programs reaches across the board from small children to seniors. Mayor Flansbaum-Talabisco asked those in the audience to put their cell phones on vibrate during the meeting. PUBLIC PARTICIPATION 5. Patti Lynn, 6411 NW 58 Street, Tamarac, congratulated Human Resources Director Swanson and the Human Resources staff on receipt of their award. Ms. Lynn encouraged the Mayor and City Commission to move forward with the Inclusive Communities program and spoke in favor of web -streaming and televising meetings. Ms. Lynn spoke in opposition to increases to the Mayor and City Commission's salaries. Commissioner Sultanof said the Mayor and City Commission's salaries do not compare with those of other cities; while this is a part-time position, the Mayor and City Commission all put in full time hours. Vice Mayor Portner spoke of people spending a million dollars on a campaign to win a seat that only pays $26,000 and added that is a problem that should be addressed. The Mayor and City Commission do not serve for the money but rather to help the residents of Tamarac. Vice Mayor Portner suggested Ms. Lynn find another area of the budget to review as the Mayor and City Commission's salary increase is a very small percentage of the budget. CONSENT AGENDA 6. Vice Mayor Portner seconded by Commissioner Atkins -Grad moved the addition of TR11070 to the consent agenda as item 6(s). TR11070, joining the National League September 27, 2006 Page 3 of 9 of Cities in the Partnership for Working Toward Inclusive Communities. On roll call Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", and Vice Mayor Portner "yes". Motion carried Commissioner Sultanof seconded by Commissioner Atkins -Grad moved the addition of TR11071 to the consent agenda as item 6(t). TR 11071, encouraging Governor Bush to convene a special session to address issues surrounding property insurance. On roll call Commissioner Atkins -Grad voted "yes", Mayor Flansbaum-Talabisco "yes", Vice Mayor Partner "yes", and Commissioner Sultanof "yes". Motion carried. City Manager Miller announced Item 6(p) on the consent agenda has been revised as discussed at the September 25, 2006 workshop meeting. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call Mayor Flansbaum-Talabisco voted "yes", Vice Mayor Portner "yes", Commissioner Sultanof "yes", and Commissioner Atkins -Grad "yes". Motion carried. a. APPROVE the minutes of the September 13, 2006 Special City Commission meeting. APPROVED b. APPROVE the minutes of the September 13, 2006 Regular City Commission meeting. APPROVED C. RENEWAL OF EXISTING AGREEMENT FOR LIME SLUDGE REMOVAL — DRD ENTERPRISES, INC. OF DAVIE_: (TR11048) Exercising the first renewal option to the existing agreement between the City of Tamarac and DRD Enterprises, Inc. of Davie for lime sludge removal, hauling and disposal for a period of two years commencing on October 1, 2006 and ending on September 30, 2008 at a unit cost of $8.00 per cubic yard and an annual cost not to exceed $120,000. RESOLUTION NO. R2006-168 d. TEMPORARY WORKERS: (TR11009) Authorizing an expenditure not to exceed $69,000 for temporary workers utilizing the Southeast Florida Governmental Purchasing Cooperative agreement with Deanna Enterprises, Inc.; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2006-169 e. BARGAINING UNIT PAY PLAN ADJUSTMENT: (TR11032) Authorizing a four percent (4%) adjustment to the minimum and a four percent (4%) adjustment to the maximum of the pay ranges in the bargaining unit pay plan. RESOLUTION NO. R2006-170 f. AMENDING THE EXPENDITURE BUDGET AND BUDGET OF ESTIMATED REVENUES FOR FY06: (TR11049) Amending the expenditure budget for the fiscal year 2006; amending the budget of estimated revenues for the fiscal year 2006. RESOLUTION NO. R2006-171 1 September 27, 2006 Page 4 of 9 g. FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR INSPECTION AND PLAN REVIEW SERVICES: (TR11050) Executing the First Amendment to Interlocal Agreement for Emergency/Non-Guaranteed Supplemental Support between Broward County and the City of Tamarac for Inspection and Plan Review Services to be performed by the Broward County Building Code Services Division in the event there is a staff shortage at a rate of Sixty -Five Dollars ($65.00) per hour for Building Code Inspector, Seventy -Five Dollars ($75.00) per hour for Plans Examiner, Seventy -Seven Dollars ($77.00) for Chief Building Code Inspector, and Ninety Dollars ($90.00) per hour for Building Official Services. RESOLUTION NO. R2006-172 h. OFFICE SUPPLY AWARD -OFFICE DEPOT, INC.: (TR11052) Awarding office supply needs to Office Depot, Inc. on behalf of the Southeast Florida Governmental Purchasing Cooperative for the period of December 1, 2006 through January 1, 2010, utilizing pricing provided through the U.S. Communities Government Purchasing Alliance Term Contract Master Purchase Agreement #42595. RESOLUTION NO. R2006-173 i. RENEWAL OF BASIC LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT COVERAGE WITH METROPOLITAN LIFE INSURANCE COMPANY: (TR11053) Approving the renewal of Basic Life Insurance and Accidental Death & Dismemberment Coverage with Metropolitan Life Insurance Company at the present rate the City pays for Basic Life Insurance and Accidental Death & Dismemberment Insurance coverage effective January 1, 2007; providing for the continuation of the existing cost allocation of the basic life insurance and accidental death & dismemberment insurance premium between the city and employees. RESOLUTION NO. R2006-174 j. RENEWAL OF LONG-TERM DISABILITY INSURANCE COVERAGE WITH UNUM: (TR11054) Approving the renewal of Long-term Disability Insurance Coverage with UNUM at the present rate the City pays for insurance coverage for employees in the Elected, Appointed, Executive, Managerial/Professional and Administrative categories who participate in either the City's 401(a) Retirement plan or the Elected and Appointed Officers and Non -represented Employees Retirement Plan effective January 1, 2007; providing for the continuation of the existing cost allocation of the long-term disability insurance premium between the city and employees. RESOLUTION NO. R2006-175 k. RENEWAL OF THE CITY'S DENTAL INSURANCE PROGRAM WITH AETNA LIFE INSURANCE COMPANY: (TR11056) Approving the renewal of the City's Dental Insurance Program with Aetna Life Insurance Company effective January 1, 2007 at the present rate the City pays; providing for the continuation of the existing cost allocation of the dental insurance premium between the city and employees. RESOLUTION NO. R2006-176 I. RENEWAL OF EXISTING BANKING AND REMITTANCE SERVICES AGREEMENTS — FIRST UNION NATIONAL BANK FUND D/B/A WACHOVIA BANK: (TR11057) Exercising the renewal option to the existing agreements between the City of Tamarac and First Union National Bank d/b/a Wachovia Bank, N.A., for banking services and remittance services for a two year period ending October 9, 2008. RESOLUTION NO. R2006-177 September 27, 2006 Page 5 of 9 M. RENEWING THE COVERAGE FOR THE CITY'S HEALTH INSURANCE PROGRAM WITH AETNA HEALTH INC.: (TR11058) Renewing the coverage for the City's Health Insurance Program with Aetna, Inc. for the plan year effective January 1, 2007; providing for premium rates changes; providing for the continuation of the current cost allocation of the health insurance premium between the city and employees; providing for a waiver reimbursement maximum. RESOLUTION NO. R2006-178 n. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT CHEDQAR'S CASUAL. CAFE: (TR11063) Executing a Utility Easement Encroachment and Hold Harmless Agreement with Pepperjack Management, Inc., for structures and landscaping placed within utility easements on the Cheddar's Casual Cafe Project site, located at 7951 W. Commercial Boulevard; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2006-179 o. APPOINTING CHAIRPERSON AND VICE CHAIRPERSON TO THE VETERANS AFFAIRS COMMITTEE: (TR11066) Appointing Martin Sucoff as Chairperson and Joseph S. Brown as Vice -Chairperson to the Veterans Affairs Co RESOLUTION NO. R2006-180 P. RENEWAL OF AGREEMENT BETWEEN CITY OF TAMARAC AND MITCHELL CEASAR — LOBBYING SERVICES: (TR11026) Executing Amendment #5 to the agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying services extending the agreement for an additional one (1) year period at a cost of $40,000. RESOLUTION NO. R2006-181 q. BROWARD COUNTY CHALLENGE GRANT PROGRAM FUNDS FOR THE DEVELOPMENT OF SOUTHGATE LINEAR PARK: (TR11055) Accepting an award from the Broward County Challenge Grant Program in the amount of $150,000; authorizing the appropriate City officials to execute an agreement between the City of Tamarac and Broward County for Broward County Challenge Grant Program funds for the Southgate Linear Park Project in the amount of $150,000 providing for a cash match in local funds from the capital improvement budget for the development of Southgate Linear Park. RESOLUTION NO. R2006-182 r. RENEWAL OF PROPERTY, GENERAL LIABILITY, AUTOMOBILE LIABILITY, AUTOMOBILE PHYSICAL DAMAGE AND WORKERS' COMPENSATION INSURANCE COVERAGE: (TR11043) Renewing General Liability, Automobile Liability, Automobile Physical Damage, Workers' Compensation, and Property Lines of coverage with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1, 2006 at a cost of $1,486,026 and payment of any increase resulting from the annual premium audit. RESOLUTION NO. R2006-183 S. JOINING THE NATIONAL LEAGUE OF CITIES IN THE PARTNERSHIP FOR WORKING TOWARD INCLUSIVE COMMUNITIES: (TR11070) Adopting a partnership for working toward inclusive communities. RESOLUTION NO. R2006-184 September 27, 2006 Page 6 of 9 t. URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CONVENE IN A SPECIAL SESSION TO ADDRESS THE WINDSTORM INSURANCE MARKET PROBLEMS FACING THE CITIZENS AND RESIDENTS OF THE STATE AS A RESULT OF HURRICANES AND OTHER WEATHER -RELATED CONDITIONS: Urging the legislature of the State of Florida to convene in a special session to address the windstorm insurance market problems facing the citizens and residents of the state as a result of hurricanes and other weather -related conditions; directing the City Clerk to provide a copy of this resolution to the Governor, Speaker of the Florida House of Representatives, President of the Florida Senate, the Broward County Legislative Delegation, and other interested parties. RESOLUTION NO. R2006-185 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS There were no ordinances for first reading scheduled for this meeting. PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 7. CDBG ANNUAL ACTION PLAN — 7TM PROGRAM YEAR: (TR11059) Motion to approve Resolution approving the projects recommended for inclusion in the Fiscal Year 2006 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds estimated to be $434,900 for the Seventh Program Year (Case No. 14-MI-06). City Attorney Goren read Temporary Resolution 11069 by title. Commissioner Sultanof seconded by Commissioner Atkins - Grad moved approval. Vice Mayor Portner confirmed there are 30 people currently on the list and all would be assisted. Commissioner Sultanof asked if matching funds are required and City Manager Miller said there is no match required for CDBG funds. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Portner "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2006-186 ORDINANCES — SECOND READINGS QUASI-JUDICIAL HEARINGS 8. AMENDING PRIOR ZONING — SOUTHEAST CORNER OF NORTH UNIVERSITY DRIVE AND NW QeH STREET: (T02119) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property (aka: Bruce Plat) from B-2 (Planned Community Business District) to S-1 (Recreational Olatrict), 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 September 27, 2006 Page 7 of 9 County, Florida, generally located at the southeast comer of North University Drive and NW 64th Street (Case No. 9-Z-06); providing for amendment of the official zoning map to reflect such change. City Attorney Goren read Temporary Ordinance 2119 on second reading by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren explained the quasi-judicial procedures and the applicant Sean Chait waived his quasi-judicial rights. Deputy City Manager/Interim Director of Community Development Cernech gave a presentation. Commissioner Sultanof thanked the Prestige Developers for donating the land to the City for a passive park. Mayor Flansbaum-Talabisco asked if there is a plan for the park and Deputy City Manager/Interim Director of Community Development Cernech said it is a one -acre parcel on which Prestige has already placed infrastructure. The City will add trees and benches which would benefit the adjacent residents. Mayor Flansbaum-Talabisco confirmed the park would be open to everyone in the City. Commissioner Atkins -Grad thanked the developer for the donation of the land and said the park will bring pleasure to the residents of District 2 as well as the residents of the entire city. Vice Mayor Portner asked who would be responsible to maintain the park and the cost to maintain. Deputy City Manager/Interim Director of Community Development Cernech said the City of Tamarac would be responsible for maintenance and the cost would be insignificant; less than $50,000. Mayor Flansbaum-Talabisco asked if there would be benches in the park and Deputy City Manager/Interim Director of Community Development Cemech said there would. Commissioner Sultanof confirmed that the infrastructure increases the value of the land. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Flansbaum- Talabisco voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", and Commissioner Atkins -Grad "yes". Motion carried. ADOPTED ON FIRST READING SEPTEMBER 13, 2006 ADOPTED ON SECOND READING SEPTEMBER 27, 2006 ORDINANCE NO.O-2006-17 9. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — DH PROFESSIONAL CENTER II PROJECT: (TR11051) Motion to approve Resolution issuing revised Development Order No. 298.5 and granting New Development Site Plan approval to allow the construction of a one-story, 2,500 square foot medical office building with associated landscaping and parking for the DH Professional Center II project located at 8390 North University Drive, and a parking waiver to allow 9' x 18' parking stalls where 10' x 18' parking stalls are required, and authorizing the appropriate city officials to accept and execute a blanket public safety ingress/egress easement with DH Professional Center, Inc. for the DH Professional Center II project, located at 8390 North University Drive, specifically Lot 3 of the "Lyons Commercial Subdivision No. 3" Plat, according to the Plat thereof as recorded in Plat Book 76, Page 31 of the Public Records of Broward County, Florida; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County, Florida (Case No. 22-SP-05); providing for conditions of approval. City Attorney Goren read Temporary Resolution 11051 by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren explained the quasi- judicial procedures and Robert McIntire, Architect, waived his quasi-judicial rights on September 27, 2006 Page 8 of 9 behalf of the owner, Desiree Hoffman. Mayor Flansbaum-Talabisco addressed the audience and explained the plans that are distributed to the Mayor and City Commission prior to the meeting are part of the staff preparation and the Mayor and City Commission do their homework before hearing an item and voting on it. Deputy City Manager/Interim Director of Community Development Cernech gave a presentation. Commissioner Sultanof confirmed the location and asked if the residents behind the intended location are aware of the project. Deputy City Manager/Interim Director of Community Development Cernech said this is a consistent use and no public notification is required. Commissioner Sultanof asked about ingress and egress and Deputy City Manager/Interim Director of Community Development Cernech explained it would not be directly onto University Drive. Vice Mayor Portner asked how many spaces would be picked up by making the parking spaces smaller and Deputy City Manager Cernech replied the minimum of 17 regular and two handicapped spaces will be met. Vice Mayor Portner questioned the type of research done that would indicate the need for a massage therapy business in this location and Deputy City Manager/Interim Director of Community Development Cernech said that is the position of the applicant; they already have a business of this type in Ft. Lauderdale. Mayor Flansbaum-Talabisco added that certain protocols (i.e., Eastern forms of practicing medicine) are now embraced and are being brought on board by several businesses and corporations. Deputy City Manager/Interim Director of Community Development Cernech explained the massage therapy is a medical facility in conjunction a chiropractic clinic. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. City Attorney Goren asked the applicant if he agrees to and will be bound by the conditions in the resolution. Mr. McIntire said yes. On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor Portner "yes", Mayor Flansbaum-Talabisco "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2006-187 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 meeting at 9:55 a.m. i Marion Swenson, CMC City Clerk 1 Beth Flansbaum-Talabisco, Mayor September 27, 2006 Page 9 of 9