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HomeMy WebLinkAbout2007-10-10 - City Commission Regular Meeting Minutes1 1 1 CITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, OCTOBER 10, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, October 10, 2007 in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Patte 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. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming October 3, 2007 as "Change a Light, Change the World Day". (Requested by Stephen L. Johnson, United States Environmental Protection Agency) Mayor Flansbaum-Talabisco said the City of Tamarac is part of the Global Climate Protection Agreement, which has been signed by over 680 mayors. b. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming October 2007 as "Arts and Humanities Month". (Requested by Mufi Hannemann, Mayor of Honolulu and Robert L. Lynch, President and CEO Americans for the Arts) Mayor Flansbaum- Talabisco said the City of Tamarac has much to the Broward County Leadership for the Arts b programs to our citizens. Additionally, Tamarac any other city in Broward County. y be proud of this year as we were awarded ArtServe, and we offer many wonderful has more participation with ArtServe than C. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming October 15-19, 2007 National School Lunch Week. (Requested by James F. Notter, Superintendent of Schools) School Board Member Stephanie Arma Kraft and Kelly Eckert, School Nutritional Services, accepted. Ms. Kraft thanked Tamarac for supporting the School Lunch Week Project, and spoke of healthier choices for school lunches. The Broward School Lunch Program is recognized by the Physicians' Committee for Responsible Medicine. Ms. Kraft gave an update on the new elementary school which will be built on the comer of Pine Island Road and Commercial Boulevard, and is slated to relieve Challenger Elementary. Construction will take about 18 months. Taravella High School will host a dinner theater in October and a production of The Boyfriend, in November. Ms. Eckert extended appreciation for the City's recognition of the School Lunch Service. d. Presentation by Mayor Flansbaum-Talabisco of a proclamation, proclaiming October 7-13, 2007 as "Fire Prevention week". (Requested by Chief Jim Budzinski) Fire Chief Budzinski accepted, thanked the Mayor and City Commission, and encouraged everyone to October 10, 2007 Page 1 of 5 make and practice an escape plan. Additionally, when the time changes, it is also time to change the batteries in your smoke detectors. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco thanked staff and the Commission for the wonderful greening workshop held on Tuesday. Through the efforts of the Commission, staff, and citizens, we will achieve something not before achieved by a City in Broward County. It is the right thing to do for the planet and the City. Mayor Flansbaum-Talabisco spoke of an advisory board meeting she attended last evening regarding the library system, and reported there will be $6.5 million in library cutbacks in Broward County. Ninety-four vacant positions will not be filled and the bookmobile is no longer in service. The executive director has already been asked to start looking at budget cuts for next year. Commissioner Portner said it has been a privilege and honor to live in Tamarac for the past 34 years, as well as an honor to be the Commissioner representing District 1 for the past 7 Y2 years. He is, however, embarrassed that Tamarac has gotten the recent bad press in the newspapers. Commissioner Atkins -Grad reported on the various PTA meetings, school advisory board meetings and seminars she has attended over the past few weeks. Commissioner Atkins - Grad said she had the opportunity to read to 2"d graders at Challenger Elementary School, which turned into a lesson in government. Commissioner Atkins -Grad helped the newly formed Kiwanis Club deliver dictionaries to third graders; Challenger and Tamarac Elementary Schools are introducing K-Kids. Environment is a priority and yesterday's workshop on greening was very informative. Tamarac will be a pioneer in Broward County, and we will be an experimental city for energy efficient lighting. Vice -Mayor Sultanof reported on the MPO and said an amendment for the City of Tamarac was approved for transit along the regional corridors. Monies were also set aside for signalization. Vice Mayor Sultanof said no city can survive without development, and Tamarac is the fastest growing City in Broward County. Vice Mayor Sultanof said he is proud to have served on this and previous commissions and when he leaves office he will have accomplished 13 years of service. Commissioner Dressler thanked staff for yesterday's environmental workshop. Commissioner Dressler reported that he is Chair of Leadership and Communication Committee for the Broward League of Cities, and the Committee is charged with coming up with educational topics; one idea is to share Tamarac's lessons in greening with the Broward League; dates and locations will be forthcoming. This month Commissioner Dressler will attend the FLC Legislative and Budget Committee and review the Legislature's latest attempt to address property tax issues and he will report back to the Mayor and City Commission. 3. City Attorney: City Attorney Goren reported on the Strand case and said the end result will be an important decision regarding potential obligations to referendize issues as they pertain to land use. City Attorney Goren said he is hopeful the Court will validate decisions of the past 27 years and school districts will be protected. October 10, 2007 Page 2 of 5 4. City Manager: City Manager Miller reported at Monday's workshop meeting the Mayor and City Commission decided to hold four evening workshop meetings, the dates are as follows: December 10, 2007, March 10, 2008, June 9, 2008, and September 8, 2008. The meetings will begin at 7:00 p.m. City Manager Miller said he looks forward to public attendance at these meetings. Over 200 students attended the Middle School Dance at the Multi Purpose Center. Twenty-three teens and their parents attended the Skate Board Park Public Meeting. City Manager Miller spoke of a legislative alert from the League of Cities and the Govemor's latest proposal on revenue restrictions, adding there will be further restrictions placed on local governments. The biggest single change proposed is a cap on fees, licenses and charges for services. The Special Session will open on October 12 and continue through Wednesday. Commissioner Portner asked if Tamarac would be sending someone from the City or have Lobbyist Book represent us. City Manager Miller responded we will rely on the League of Cities' lobbyist. We will get our concerns to Lobbyist Book. Commissioner Portner asked that a newspaper article from the Sun Sentinel be made a part of these minutes (attached hereto and incorporated herein). Commissioner Dressler spoke of an e-mail he received from Russ Klenet regarding the latest elements the legislature is looking at, in particular, portability, which could take a lot of properties off the tax roles. Mayor Flansbaum- Talabisco said it is hard to believe the legislature would only take three days to debate this overwhelmingly complicated issue. PUBLIC PARTICIPATION 5. Patti Lynn, 6411 NW 58 Street, spoke of Broadview Elementary School's need for assistance with their school lunch program, the Main Street Assessment, and civility. City Attorney Goren reminded the Mayor and City Commission that two lawsuits were filed against the City and the City has yet to file its response. The rights of all parties have not yet been articulated. These matters are pending in the proper venue and will be addressed in that venue. Commissioner Dressler confirmed the land swap with the synagogue would leave the City with an obligation to pay an assessment on the property. Commissioner Dressler said this Commission has always addressed issues factually, and will continue to address issues, not personalities. Commissioner Portner confirmed it is the intention of the City to sell the property to a developer. Isidore Schwed, 7202 Fairfax Drive, suggested a written response from the City to articles in the Sun -Sentinel would be beneficial. Ellis Donsky, 7715 Southampton Terrace, spoke of conservation and current problems with trees and canals. Mayor Flansbaum-Talabisco said some of these issues are code issues and suggested Mr. Donsky meet with appropriate staff. Vice Mayor Sultanof spoke of the City's accomplishments made to date with regard to the ecology. CONSENT AGENDA 6. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval of the consent agenda. Commissioner Portner asked to have Item 6(e) removed from the consent agenda for discussion. On roll call, approving items on the consent agenda with the exception of Item 6(e) which was removed for discussion, Commissioner Atkins -Grad voted "yes", Vice October 10, 2007 Page 3 of 5 Mayor Sultanof "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the September 19, 2007 Special City Commission meeting. APPROVED b. APPROVE the minutes of the September 26, 2007 Regular City Commission meeting. APPROVED C. APPOINTING CHAIRPERSON AND VICE -CHAIRPERSON TO VETERANS AFFAIRS COMMITTEE: (TR11292) Appointing Martin Sucoff as Chairperson and Harvey Jefferbaum as Vice -Chairperson to the Veterans Affairs Committee to serve until November 10, 2008 or until new appointments are made. RESOLUTION NO. R2007-158 d. AWARDING BID NO. 07-25B — ROADWAY RESURFACING AND MEDIAN BEAUTIFICATION OF THE BOULEVARDS: (TR11289) Awarding Bid No. 07-25B to Miguel Lopez Jr., Inc. and executing an agreement with Miguel Lopez Jr., Inc., for an amount not to exceed $1,032,914.50 for the Boulevards Roadway Resurfacing and Median Beautification Project; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2007-159 e. AMENDMENT TO AGREEMENT FOR LOBBYING SERVICES: (TR11287) Executing Amendment #6 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 $45,000.00. REMOVED FOR DISCUSSION f. WATER AND SEWER DEVELOPER'S AGREEMENT — WEST POINT PLAZA PROJECT: (TR11272) Executing a Water and Sewer Developer's Agreement with West Point Business Park ll, LLC., for the West Point Plaza Project, located on Commercial Blvd. & Hiatus Road, requiring 10.5 ERC's for water and 12.5 ERC's for sewer; requiring the payment of $45,350.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2007-160 END OF CONSENT AGENDA e. AMENDMENT TO AGREEMENT FOR LOBBYING SERVICES: (TR11287) Executing Amendment #6 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 $45,000.00. City Attorney Goren read Temporary Resolution 11287 by title. Vice Mayor Sultanof seconded by Commissioner Dressler moved approval. There was discussion about the City's lobbyists. Commissioner Portner moved the reduction of Mr. Ceasar's contract by 9%. Having no second the motion failed. On the original motion to approve TR 11287 with no amendments, Vice Mayor Sultanof voted "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Portner "no", and Commissioner Atkins - Grad "yes". Motion carried. RESOLUTION NO. R2007-161 REGULAR AGENDA ORDINANCES — FIRST READINGS 7. AMENDING CHAPTER 14 OF THE TAMARAC CODE, CREATING SECTION 14-40, "IMPOSITION OF SURCHARGE FOR VIOLATION OF PARKING ORDINANCES": (T02149) Motion to adopt Ordinance on first reading amending Chapter 14 of the City of October 10, 2007 Page 4 of 5 Tamarac Code of Ordinances, entitled "Motor Vehicles and Traffic", by specifically amending Article II, entitled "Stopping, Standing and Parking", by creating Section 14-40, to be entitled "Imposition of Surcharge for Violation of Parking Ordinances"; providing for the imposition of a surcharge for parking violations to help fund school crossing guards in the city. City Attorney Goren read Temporary Ordinance 2149 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Dressler moved approval. Commissioner Portner confirmed the money would be used to supplement crossing guards, questioned the cost for crossing guards and asked how many unpaid parking tickets there are each year for Tamarac. City Manager Miller said crossing guards are paid about $133,000 yearly. City Attorney Goren explained the parking tickets are prosecuted in the County Court System and Tamarac has a high return on collections. On roll call Commissioner Portner voted "no", Commissioner Atkins -Grad "yes", Vice Mayor Sultanof "yes", Commissioner Dressler 'yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 10, 2007 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 for this meeting. 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 of the City Commission at 8:30 p.m. /p Ya . Marion Swenson, CMC City Clerk C� Beth Flansbaum-Talabisco, Mayor October 10, 2007 Page 5 of 5 TAmARAc 16-10-0.7 ISSUE; Property owners outraged in Tamarac. Some property owners in Tamarac are rightfully howling about enormous tax assessments from the city, but things could have been worse. Instead of a $562,932 tax assessment,iyou wonder if somehow the city could have made Active Senior Living Residence pick up the entire tax load for cre- ation of the new Main Street district, figuring the as- sisted living facility would gain tremendous finan- cial benefits from all the jazz cafes and chic shops for the young folks who will hang out in Tamarac's district for the hip and cool set. Outrageous? Sure. But not any more than the crackpot plan the city came up with, to assess 14 nearby properties — in particular the senior center— hundreds of thou- sands of dollars to pay for the infrastructure of the proposed Main Street district. Not only that — the assessed property owners were given about a month to pony up the big bucks. The 67 residents of the as- sisted living facility are particularly worried, won- dering if the assessments will be passed down to them — or if the center will even be able to stay open after the air clears. If Tamarac indeed believes that this downtown area will revitalize the city and create a bigger tax` base, it would be fairer, although tougher politically, to tax everybody in Tamarac, rather than sticking it to 14 businesses — some of which, like the assisted living center, may not gain much in value from hav- ing cafes and shops nearby. State Sen. Jeremy Ring, D-Parkland, who repre- sents Tamarac, is outraged by the assessment plan and thinks the city could have created a Community Development District or a Community Redevelop- ment Agency to fund the development. As for the 14 property owners, they have filed two separate lawsuits trying to stop the huge assess- ments. Hopefully, a judge does just that — stop the assessments, until the city comes up with a more eq- uitable, fair way to pay for this Main Street district.