HomeMy WebLinkAbout2008-10-07 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
TUESDAY OCTOBER 07, 2008
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 7:00 P.M. in Chambers, 7525 NW 88 Avenue, Tamarac, FL.
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, Assistant City Attorney Julie Klahr,
and City Clerk Marion Swenson.
Commissioner Patricia Atkins -Grad led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming
October 5-11, 2008 as "Fire Prevention Week". Requested and accepted by Fire Chief
Budzinski. Fire Chief Budzinski invited Cadets Nicole Mendez and Michael Howard to
join him at the podium, and announced over 800 school children are scheduled to
receive presentations about fire prevention activities.
REPORTS
2. City Commission:, Vice Mayor Sultanof had no report.
Commissioner Atkins -Grad reported on two meetings she attended last week: the
Sustainability Committee and the Broward Leaders Water Academy. On Saturday,
Commissioner Atkins -Grad attended the 5th Anniversary Celebration of the Tamarac
Library. Additionally, Commissioner Atkins -Grad attended the Special Awards Ball at
which Representative Porth and Mayor Feren were honored.
Commissioner Partner wished his Jewish friends and neighbors a happy, healthy and
prosperous New Year; and since he will not be in office in December, he wished
everyone a Merry Christmas and a Happy New Year.
Commissioner Dressler reported on the SAC meeting he attended at Tamarac
Elementary School this morning, wherein discussion was had on how to allocate money
received from the school district. A plan was devised to allocate money for school
supplies. Commissioner Dressler said the monies are awarded to schools that do well
as an incentive for the teachers, and it is a shameful situation that a portion of the
money that should have gone to the teachers must be spent on supplies.
Mayor Flansbaum-Talabisco said the FLOW Mobile (Florida Licenses on Wheels) is at
the community center; it was an initiative from Representative Porth that Mayor
Flansbaum-Talabisco forwarded to City Manager Miller for action, and it offers residents
the ability to renew drivers licenses and obtain student I.D.'s (for those over 12 years of
age). Mayor Flansbaum-Talabisco thanked Public and Economic Affairs Officer Berns
October 07, 2008
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and Public Information Specialist Quinn for the great photos and press they provide for
the City.
3. City Attorney: Assistant City Attorney Klahr had no report.
4. City Manager: City Manager Miller reported we received a $75,000 grant from
Broward County, as part of the Parks for People Grant Program, for the Waters Edge
Park. $75,000 is the maximum allowable under the grant and the money will be used
for clearing, grubbing, planting of trees and mulch. We should receive the money in
early November.
Mayor Flansbaum-Talabisco said at the last agenda meeting she had with the City
Manager, she suggested we put up signage on properties explaining what the project is
and incorporating language informing the public that this property or project was gotten
through a grant. It is important to communicate that to the residents and alleviate or
mitigate misinformation. Commissioner Dressler agreed with Mayor Flansbaum-
Talabisco.
Commissioner Portner asked about the foreclosure money the City is promised from the
federal government and City Manager Miller explained Tamarac has been advised we
will receive $4.7 million to use for the foreclosure crisis; however, there are still no rules
from the federal government on how the funding can be utilized. Commissioner
Dressler said it would be beneficial to consider holding a workshop to discuss priorities
when the money is available. City Manager Miller explained we need to set an action
plan and in a workshop session we will provide recommendations and options to the
Mayor and City Commission to make sure we are meeting the expectations.
Community Development Director Bramley added we have 18 months to
encumber/spend the money and we need to have an action plan by the end of
December. Vice Mayor Sultanof confirmed we must report how we use the SHIP
monies also.
5. PUBLIC PARTICIPATION: Bonnie Ferman, 8124 NW 72 Avenue, Tamarac,
spoke in opposition to the proposed ordinance regarding parking. Commissioner
Dressler explained at a previous workshop the Mayor and City Commission deferred the
parking issue and it is not included in the ordinances before the Mayor and City
Commission tonight. The Mayor and City Commission have plans to travel to the
different communities to try to determine the best solution. Mayor Flansbaum-Talabisco
suggested Ms. Ferman meet with Commissioner Dressler and discuss her concerns.
CONSENT AGENDA
6. City Manager Miller advised the Mayor and City Commission that a revised
version of TR11484 (due to a scrivenor's error) will replace the one in the packets for
voting purposes.
Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval of all
items on the consent agenda. On roll call, Commissioner Dressler voted "yes",
Commissioner Portner "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad
"yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
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a. APPROVE the minutes of the September 24, 2008 Reguilar City Commission
meeting.
APPROVED
b. APPROVE the minutes of the September 24, 2008 Special City Commission
meeting.
APPROVED
C. SECOND RENEWAL OPTION OF AGREEMENTS TO "FURNISH DELIVER
AND DISCHARGE OF QUICKLIME": (TR11471) Exercising the second renewal option
of agreements to "Furnish, Deliver and Discharge of Quicklime" to, and execute
agreement amendments with, Chemical Lime Company of Alabama, Inc. for the City of
Tamarac and on behalf of fifteen 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 two (2) additional one-year renewal options.
RESOLUTION NO. R2008-142
d. SUPPORTING AN AMENDMENT TO THE FLORIDA CONSTITUTION -
REQUIRING THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA
SUNSHINE LAWS: (TR11491) Supporting an amendment to the Florida Constitution
requiring the Florida legislature to operate under the Florida Sunshine Laws; directing
the City Clerk to transmit a copy of this resolution to the Chair of the Commission on
Open Government, the Governor of the State of Florida, Broward League of Cities, the
Broward County Board of County Commissioners, and all municipalities located within
Broward County.
RESOLUTION NO. R2008-143
e. OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION
REQUIRING EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE
PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S
ELECTORATE: (TR11492) Opposing an amendment to the Florida Constitution
requiring that every amendment to a City's or County's comprehensive plan be subject
to a vote of the respective City's or County's electorate; encouraging public participation
in the local government decision -making process; directing the City Clerk to transmit a
copy of this resolution to the Broward League of Cities, the Broward County Board of
County Commissioners, and all municipalities located within Broward County.
RESOLUTION NO. R2008-144
f. URGING THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE
MANDATES ON LOCAL GOVERNMENTS: (TR11493) Relating to unfunded state
mandates; urging the utilization of any means necessary to require the Florida
Legislature to eliminate unfunded state mandates on local governments; urging the
Florida League of Cities to consider the sponsorship of an initiative petition, to amend
Article VII, Section 18(a) of the Florida Constitution to eliminate the clause allowing for
unfunded mandates by a two-thirds majority, and to potentially amend other clauses of
said subsection; directing the City Clerk to transmit a copy of this resolution to the
Governor of the State of Florida, members of the Florida Legislature, the Florida League
of Cities, Broward League of Cities, the Broward County Board of County
Commissioners, and all municipalities located within Broward County.
RESOLUTION NO. R2008-145
g. BSO MEDICAL SUPPLIES: (TR11469) Purchasing medical supplies and
firefighting supplies from Broward County Sheriffs Office, Fire Rescue Division Logistics
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Warehouse during FY09, in an amount not to exceed One Hundred Thirty Thousand
($130,000.00) Dollars; authorizing the appropriate City officials to execute a liability
waiver for the purchases.
RESOLUTION NO. R2008-146
h. MITCHELL CEASAR — RENEWAL OF LOBBYING SERVICES AGREEMENT:
(TR11489) Executing Amendment #7 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 $50,000.
RESOLUTION NO. R2008-147
i. FEE WAIVER, EXTENSION OF HOURS OF OPERATION, AND SALE_ OF
ALCOHOLIC BEVERAGES — SAINT MALACHY CATHOLIC CHURCH CARNIVAL:
(TR11483) Granting a waiver of fees in the amount of $1,558.90 and extending the
hours of operation to 11:00 p.m. on Thursday, November 6, 2008, and to 11:00 p.m. on
Friday, November 7, 2008 and Saturday, November 8, 2008, and approving the sale of
alcoholic beverages for the Saint Malachy Catholic Church Carnival, located at the
northeast corner of NW 615t Street and University Drive, during the operation of the
Saint Malachy Catholic Church annual carnival beginning Thursday, November 6, 2008
and ending Sunday, November 9, 2008 (Case No. 16-MI-08); providing for conditions of
approval.
RESOLUTION NO. R2008-148
j. PURCHASE OF INTERNET LAPTOP WIRELESS AIR CARDS: (TR11487)
Approving an application by the Broward Sheriffs Office for the release of Law
Enforcement Trust Funds in the amount of $41,328 to provide for the purchase of
aircards for use within the City of Tamarac as provided by Article XII "Fines, Forfeitures;
Payment", Section 12.4 of the Agreement between the City of Tamarac and the
Broward Sheriffs Office (BSO) effective October 1, 2004; providing for appropriated
budget.
RESOLUTION NO. R2008-149
k. REQUEST FOR IN -KIND SUPPORT AND WAIVER OF ALL FEES — TASTE OF
TAMARAC EVENT: (TR11484) 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 25, 2008, from 11:30
a.m. to 3:30 p.m.; authorizing the appropriate city officials to permit the Tamarac
Chamber of Commerce and/or designee to serve alcoholic beverages at the Taste of
Tamarac event; providing for permits, proper insurance and execution of hold harmless
agreement.
RESOLUTION NO. R2008-150
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES -- FIRST READINGS
7. AMENDING CHAPTER 11 OF THE TAMARAC CODE — LANDSCAPING:
(T02163) Motion to adopt Ordinance on first reading amending the Code of
Ordinances of the City of Tamarac by specifically amending Chapter 11 entitled
"Landscaping" for the purpose of insuring the Code of Ordinances is consistent with
current industry standards; providing for an enhanced purpose and intent; providing for
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revised definitions; providing for a revision to minimum landscape requirements;
providing for additional requirements associated with the maintenance of irrigation
systems; providing for minimum standards for tree protection; providing for revisions to
the landscape requirements in zoning districts; providing for perimeter landscaping
requirements; providing for landscaping within pedestrian zones along building facades;
providing for landscape requirements for existing uses; amending Chapter 24 entitled
"Zoning" to delete inconsistent provisions; amending Chapter 10 entitled "Land
Development Regulations" by deleting Sections 10-47, 10-79, 10-311, 10-312, 10-313,
10-314, 10-315, 10-316, 10-317, 10-318; providing for codification. Assistant City
Attorney Klahr read Temporary Ordinance 2163 on first reading by title. Vice Mayor
Sultanof seconded by Commissioner Atkins -Grad moved adoption. Community
Development Director Bramley and Planning and Zoning Manager Zickar gave
presentations. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof
"yes", Commissioner Atkins -Grad "yes", Commissioner Dressler "yes", and Mayor
Flansbaum-Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING OCTOBER 7, 2008
8. AMENDING CHAPTER 13 OF THE TAMARAC CODE -- MISCELLANEOUS
OFFENSES:(TO2164) Motion to adopt Ordinance on first reading amending Chapter
13 of the Code of Ordinances of the City of Tamarac, Florida, entitled "Miscellaneous
Offenses", by specifically amending Section 13-8, entitled "Abandoned Property",
providing for a mechanism whereby the City staff may better address abandoned
residential property matters located within the City; providing for purpose and intent;
providing for definitions; providing for notification procedures; providing for removal of
abandoned personal property; providing for registration of abandoned real property;
providing for maintenance requirements; providing for security requirements; providing
for enforcement; providing for codification. Assistant City Attorney Klahr read
Temporary Ordinance 2164 on first reading by title. Commissioner Dressler seconded
by Commissioner Atkins -Grad moved adoption. Code Enforcement Manager Woods
gave a presentation. Vice Mayor Sultanof questioned who is responsible for abandoned
property and Assistant City Attorney Klahr explained once the banks obtain title to the
property they pay the taxes on the property, but since they may not be local it is
sometimes difficult for them to maintain the property; hence, the HOA's make sure
maintenance occurs and many times management companies are brought into play.
Commissioner Dressler asked if an out of state bank does not bring the property into
compliance, what options do we have, and Assistant City Attorney Klahr spoke of F.S.
Chapter 162, which is incorporated into our code, and added it is in the banks' best
interest to maintain the property, even if they have to hire a property manager. Mayor
Flansbaum-Talabisco said beautification is only one component of the ordinance, and
Code Enforcement Manager Woods agreed the ordinance has a deeper intent which is
to effectively and expeditiously deal with foreclosure problems and to keep property
values at a set standard. Mayor Flansbaum-Talabisco added the ordinance is
significant in that is addresses the health, safety and wellbeing of our residents. On roll
call Vice Mayor Sultanof voted "yes", Commissioner Atkins -Grad "yes", Commissioner
Portner "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes".
Motion carried.
ADOPTED ON FIRST READING OCTOBER 7, 2008
October 07, 2008
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9. AMENDING CHAPTER 2 OF THE TAMARAC CODE -- ADMINISTRATION:
(T02165) Motion to adopt Ordinance on first reading amending Chapter 2 of the Code
of Ordinances of the City of Tamarac, entitled "Administration", by specifically amending
Section 2-73.08, entitled "Supplemental Provisions"; providing for alternative code
enforcement procedures pursuant to Chapter 162, Florida Statutes, as amended from time
to time; providing for purpose and intent; clarifying the powers of a Special Magistrate;
providing for the collection and recovery of civil penalties; providing for an appellate
process; providing for periodic review; eliminating Section 2-74; providing for codification.
Assistant City Attorney Klahr read Temporary Ordinance 2165 on first reading by title.
Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved adoption. Code
Enforcement Manager Woods gave a presentation. Mayor Flansbaum-Talabisco
questioned property such as the Steak and Ale property which has a notice posted on the
door but the property is vacant and becoming run down. Code Enforcement Manager
Woods explained the process for noticing and said the new ordinance may not help in a
situation such as this. Community Development Director Bramley explained Steak and
Ale is in bankruptcy and the City has contacted the trustee. Commissioner Dressler asked
if the part of the $4.7 million from the federal government could be used in this situation
and Community Development Director Bramley said that money is only for abandoned
residential properties. Assistant City Attorney Klahr explained for commercial properties
that have gone into bankruptcy, it is difficult to get a response from the trustee; however,
they do have an obligation to maintain the assets. The process is a little slower than other
types of properties because it must go through the court system. Commissioner Dressler
said we may need a more aggressive ordinance to address commercial properties.
Commissioner Portner asked for clarification of the notice process and Code Enforcement
Manager Woods responded. On roll call Commissioner Atkins -Grad voted "yes",
Commissioner Portner "yes", Vice Mayor Sultanof "yes", Commissioner Dressler "yes",
and Mayor Flansbaum-Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING OCTOBER 7, 2008
10. AMENDING CHAPTER 9 OF THE TAMARAC CODE —"HEALTH SANITATION
AND NUISANCES": CREATING SECTION 9-43: (T02166) Motion to adopt Ordinance
on first reading amending Chapter 9 of the Code of Ordinances of the City of Tamarac,
Florida, entitled "Health Sanitation and Nuisances"; by creating Section 9-43, to be
entitled "Portable Storage Units", providing for regulatory provisions for the replacement
and removal of portable storage units; providing for enforcement; providing for
codification. Assistant City Attorney Klahr read Temporary ordinance 2166 on first
reading by title. Commissioner Dressler seconded by Vice Mayor Sultanof moved
adoption. Code Enforcement Manager Woods gave a presentation. On roll call
Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", Vice Mayor
Sultanof "yes", Commissioner Portner "yes", and Mayor Flansbaum-Talabisco "yes".
Motion carried.
ADOPTED ON FIRST READING OCTOBER 7, 2008
11. AMENDING CHAPTER 9. ENTITLED "HEALTH. SANITATION AND
NUISANCES", ARTICLE iv, ENTITLED "LOCAL HOUSING ASSISTANCE
PROGRAM"; AND BY CREATING SECTION 9-136): (T02167) Motion to adopt
Ordinance on first reading amending Chapter 9 of the Code of Ordinances of the City
of Tamarac, Florida, entitled "Health, Sanitation and Nuisances"; specifically amending
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Article IV by creating Section 9-136, to be entitled "Neighborhood Beautification",
providing the City of Tamarac, Florida with additional regulations intended to preserve
the character, appearance and property values of neighborhoods; providing for intent
and purpose; providing for definitions; providing for repair and maintenance regulations;
providing accommodations for non -conforming uses; providing for protection of public
health, safety, and welfare; providing for codification. Assistant City Attorney Klahr read
Temporary Ordinance 2167 on first reading by title. Commissioner Dressler seconded
by Commissioner Atkins -Grad moved adoption. Code Enforcement Manager Woods
gave a presentation. Commissioner Dressler asked if this pertains to both residential
and commercial properties and Code Enforcement Manager Woods said it does. Mayor
Flansbaum-Talabisco said we need to do the best we can so people do not think we are
doing something frivolous; we need to qualify that behind these ordinances are things
far more important than just beauty. Code Enforcement Manager Woods said the
ordinances will maintain the standards set in the City. On roll call Commissioner
Dressler voted "yes", Commissioner Atkins -Grad "yes", Vice Mayor Sultanof "yes",
Commissioner Portner "yes", and Mayor Flansbaum-Talabisco "yes".
ADOPTED ON FIRST READING OCTOBER 7, 2008
Commissioner Atkins -Grad said she is pleased to see the code vehicles have Code
Enforcement signs on them.
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
There were no ordinances scheduled for second reading
QUASI-JUDICIAL HEARINGS
There were no quasi-judicial hearings scheduled
END OF QUASI-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 at 8:30 p.m.
Marion Swenson; CMC
City Clerk
October 07, 2008
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