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HomeMy WebLinkAbout2008-10-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY OCTOBER 22, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 9:00 A.M on Wednesday, October 22, 2008 in Chambers at Tamarac City Hall, 7525 NW 88t" 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, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Vice Mayor Sultanof led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Proclamation by Mayor Flansbaum-Talabisco proclaiming October 2008 as National Arts and Humanities Month. (Requested by Mufi Hannemann, Mayor of Honolulu.) Mayor Flansbaum-Talabisco said the City of Tamarac has been awarded the Government Leadership for Culture and Arts Award in Broward County for the past two years, and we will continue to do as much as we can, with the help of staff to promote arts and humanities. b. Presentation of a plaque to the Mayor and City Commission by Kelly Alvarez, American Heart Association, in recognition of the City of Tamarac being named a Start! Fit -Friendly Company. (Requested by Human Resources Director Maria Swanson.) Mayor Flansbaum-Talabisco spoke of the H2U program and said given the state of the world a program like this is of great importance. Mayor Flansbaum-Talabisco encouraged everyone to participate in the program and said this is a wonderful partnership between the City of Tamarac and University Hospital. Benefits Specialist Caries spoke of the Health Fair that will take place on Thursday, October 23, 2008. C. Presentation of a proclamation to Hubert S. Klombers commending Hubert S. Klombers for his service to the City of Tamarac and for serving as Legislative Aide to Vice Mayor Marc L. Sultanof. (Requested by Mayor Beth Flansbaum-Talabisco.) Vice Mayor Sultanof said Mr. Klombers has served Tamarac very well. Commissioner Dressler said Mr. Klombers has been and will continue to be very important to Tamarac. Mr. Klombers thanked Vice Mayor Sultanof for 30 years of friendship, and thanked the Mayor and City Commission for their kindnesses over the years. Mr. Klombers said he has never regretted his move to Tamarac and his service to the City, and he hopes to continue on with his work. Commissioner Portner thanked Mr. Klombers for his efforts on behalf of the City of Tamarac. Commissioner Atkins -Grad said Mr. Klombers has October 22, 2008 Page 1 of 9 been a good friend and spoke of the special bond between Mr. Klombers and Vice Mayor Sultanof. Mayor Flansbaum-Talabisco said at the next commission meeting she will request that Mr. Klombers be appointed to serve as her aide. d. Presentation by Mayor Flansbaum-Talabisco of employee service awards 5-Year Awards: Horst Bremer, Water Plant Operator, Utilities; Isreal Earls, Firefighter/Paramedic, Fire Rescue; Keith Glatz, Purchasing/Contracts Manager, Finance; Bruce Harvey, Fleet Mechanic, Public Works; James Moore, Assistant Director of Utilities, Utilities; Eric Woods, Engineering Review Technician, Public Works; Mark Woods, Code Enforcement Manager, Community Development. 10-Year Award: Geri Backer, Office Coordinator, Public Works 15-Year Awards: Alvin Johnson, Service Worker, Public Works; Harry Ozias, Senior Bus Driver, Parks and Recreation; Kurt Schoenfelder, Engineering Construction Inspector, Public Works 20-Year Award: Robyn Thalenfeld, Executive Assistant, City Manager REPORTS 2. City Commission: Mayor Flansbaum-Talabisco spoke of the first of twelve Community Outreach meetings held Monday night at the Tamarac Community Center; with over 75 people in attendance. The feedback was very good because of the content, the way the meeting was conducted and the interaction between staff and the residents. Last week Mayor Flansbaum-Talabisco and City Manager Miller attended the first Fiscal Stewardship Ad Hoc Committee meeting, and the committee's mission statement covers monitoring financial issues and concerns of municipalities. The next meeting is scheduled for November, and Mayor Flansbaum-Talabisco said our City Manager and other City managers will be integral to the results of this committee. Mayor Flansbaum-Talabisco referenced a local Spanish publication wherein Tamarac was mentioned several times, in particular our events and city photos. Vice Mayor Sultanof said we live in a wonderful city, and it has grown tremendously; he is delighted to have served Tamarac and proud of his accomplishments. Vice Mayor Sultanof acknowledged Mr. Baer, who was in the audience and wished Mr. Baer's son and wife well. Commissioner Portner said his 9 years and 8 months service on this commission has been a tremendous experience. Most of the careers he has embarked upon in his life have been successful, but without a few failures, we do not enjoy success. Commissioner Portner said he has put his heart and soul into Tamarac. The east side of Tamarac is the oldest part of the city, and the east side of Tamarac has not been neglected. Commissioner Portner enumerated the many projects that have gone into renovating the east side of Tamarac. Commissioner Portner said while he can not thank each of Tamarac's 400 employees individually, he acknowledges all the employees do each day, and thanked City Manager Miller, Deputy City Manager Cernech, Assistant City Manager Phillips, City Attorney Goren, City Clerk Swenson, Fire October 22, 2008 Page 2 of 9 Chief Budzinski, BSO Chief Duguay, Public Works Director Strain, Director of Utilities Gagnon, Human Resources Director Swanson, Community Development Director Bramley, and the many friends, constituents and political leaders who are here today. Commissioner Portner acknowledged his wife, Helen, and two daughters Tina and Stacy. Commissioner Atkins -Grad said she received many calls praising the first outreach meeting held in Tamarac. Last night she attended a meeting at Vanguard Village, which was hit especially hard during Hurricane Wilma. Ninety people were in attendance and they complimented city staff. Commissioner Dressler expressed his heartfelt thanks to Vice Mayor Sultanof and Commissioner Portner for their intelligence and passion, and valuable contributions to Tamarac, and wished both well for the future. Mayor Flansbaum-Talabisco said Vice Mayor Sultanof and Commissioner Portner have served longer than the commission in total, and this team has accomplished so much for the city; she relishes the wisdom and experience Vice Mayor Sultanof and Commissioner Portner have brought to this commission. 3. City Attorney: City Attorney Goren reported on the status of the University Drive expansion and the MPO will be required to revisit and restudy the issue; any settlement will require approval by the DOT, Broward County, Palm Beach County and the MPO. Commissioner Dressler read a short summary of his report. City Attorney Goren added the judge has put the matter into abeyance until December and all parties must then report back to the judge in Tallahassee. City Attorney Goren thanked Vice Mayor Sultanof and Commissioner Portner for their friendship and said it has been an honor to be appointed to serve as their City Attorney, and wished both the best of health and happiness in the future. 4. City Manager: City Manager Miller reported that Community Development has received official notification we have been allocated $4.7 million from HUD to assist in the foreclosure crisis. Our Action Plan is due December 1st and will be presented to the Mayor and City Commission. Financial Services announces we have received the FY 2007 CAFR Award, for the 20th consecutive year. The Fire Department reports 500 children participated in fire prevention week activities. Parks and Recreation is hosting the Southeast Regional Meeting of FRPA today at the Tamarac Community Center. PUBLIC PARTICIPATION 5. Gary Streich, 7904 NW 83 Street, thanked Vice Mayor Sultanof and Commissioner Portner for the work they have done for Tamarac. Mr. Streich spoke in favor of a grace period for late payments on water bills; asked that signs be posted at the sports complex children's' park denoting supervision is needed for children and providing for a height and/or age limit; and spoke about maintenance of the ficus hedges and sidewalks in need of cleaning along Southgate Boulevard from NW 81 Avenue to the Don Carter parking lot. Vice Mayor Sultanof said Public Works has the October 22, 2008 Page 3 of 9 situation under control, and those who are unable to pay their water bills may arrange to make payments on their bills. CONSENT AGENDA 6. City Manager Miller said Items 6(e) Item 6(g) were revised due to scrivener's omissions. Commissioner Dressler, seconded by Commissioner Atkins -Grad, moved approval of all items on the consent agenda. 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. a. APPROVE the minutes of the October 07, 2008 Regular City Commission meeting. APPROVED b. AMENDMENT NUMBER 1 — TRIANGLE CLEANING SERVICES: (TR11450) Executing Amendment Number 1 to the Agreement with Triangle Services, Inc. for Janitorial Services in city facilities; extending the Agreement through December 31, 2008; authorizing an expenditure in an amount not to exceed $67,000; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2008-151 C. PURCHASE OF PYRAMID SHADES — TAMARAC COMMONS PARK: (TR11494) Purchasing pyramid shades for Tamarac Commons Park at a cost not to exceed $16,590.36, from Shade Systems, Inc., utilizing the City of Jacksonville, Florida Bid #SC-0511-06 Price Agreement Contract for Park and Playground Equipment; providing for funding through the current Capital Improvement Program Fund Balance. RESOLUTION NO. R2008-152 d. LOCAL BILL TO EXTEND AND ENLARGE THE CORPORATE LIMITS OF THE CITY OF TAMARAC: (TR11497) Authorizing the City Manager to file a Local Bill with the Broward County Legislative Delegation to extend and enlarge the corporate limits of the City of Tamarac; requesting the Local Legislative Delegation to hold a public hearing to consider approval of the Local Bill in order to forward the Local Bill to the State of Florida Legislature for consideration during the 2009 legislative session. RESOLUTION NO. R2008-153 e. SPECIAL POLICE DETAILS FY09: (TR11498) Executing a Broward Sheriffs Office Permit Application for special details for police services to be used by the Parks and Recreation Department in an amount not to exceed $44,900 in FY 09; approving funding from the appropriate Parks and Recreation accounts. RESOLUTION NO. R2008-154 f. RENEWAL OF LONG TERM DISABILITY COVERAGE — UNUM: (TR11499) Approving the renewal of long-term disability insurance coverage with UNUM 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, 2009; providing for the continuation of the existing cost allocation of the long-term disability insurance premium between the city and employees. RESOLUTION NO. R2008-155 g. RENEWAL OF DENTAL INSURANCE PROGRAM — AETNA LIFE INSURANCE COMPANY: (TR11500) Approving the renewal of the city's dental October 22, 2008 Page 4 of 9 insurance program with AETNA Life Insurance Company effective January 1, 2009 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. R2008-156 h. HOLD HARMLESS AGREEMENT — UNIVERSITY_ HOSPITAL & MEDICAL CENTER -- FLU SHOTS: (TR11505) Executing a Hold Harmless Agreement between the City of Tamarac and University Hospital & Medical Center donating and administering five hundred (500) free flu shots to Tamarac residents and city employees at the Tamarac Community Center on a date to be determined. RESOLUTION NO. R2008-157 i. AGREEMENT - FEDERATION OF PUBLIC EMPLOYEES: (TR11504) Executing an agreement with the Federation of Public Employees, a division of the National Federation of Public and Private Employees affiliated with District 1-MEBA (AFL-CIO) for the period from October 1, 2008 through September 30, 2011. RESOLUTION NO. R2008-158 j. FIRST QUARTERLY BUDGET AMENDMENT: (TR11502) Amending the expenditure budget for the fiscal year 2009; appropriating fund balance for the fiscal year 2009. RESOLUTION NO. R2008-159 k. RENEWAL OF HEALTH INSURANCE PROGRAM —AETNA: (TR11501) Renewing the coverage for the city's health insurance program with AETNA, Inc. for the plan year effective January 1, 2009; providing for premium rate changes; establishing the cost allocation of the health insurance premium between the city and employees; providing for a waiver reimbursement maximum. RESOLUTION NO. R2008-160 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS There were no ordinances for first reading. PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCES — SECOND READINGS 7. AMENDING CHAPTER 11 OF THE TAMARAC CODE — LANDSCAPING: (T02163) Motion to adopt Ordinance on second 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 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; October 22, 2008 Page 5 of 9 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. City Attorney Goren read Temporary Ordinance 2163 on second reading by title. Commissioner Portner seconded by Commissioner Atkins -Grad moved adoption. Commissioner Dressler questioned language for Item 8 regarding provision of enforcement. City Attorney Goren explained enforcement is provided for in the code except for specific offenses set forth in the code section noted in Item 8. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Partner "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING — OCTOBER 7, 2008 ADOPTED ON SECOND READING — OCTOBER 22, 2008 ORDINANCE NO.0-2008-13 8. AMENDING CHAPTER 13 OF THE TAMARAC CODE -- MISCELLANEOUS OFFENSES:(T02164) Motion to adopt Ordinance on second 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. City Attorney Goren read Temporary Ordinance 2164 on second reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved adoption. Commissioner Dressler questioned whether adoption of this ordinance provides for the use of the $4.7 million, and City Manager Miller explained this ordinance strengthens our hand through code enforcement to take action against banks and mortgage companies who are not maintaining properties. The $4.7 million from HUD is a separate program which will be addressed by our action plan. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Dressler voted "yes', Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion approved. ADOPTED ON FIRST READING — OCTOBER 7, 2008 ADOPTED ON SECOND READING — OCTOBER 22, 2008 ORDINANCE NO. 0-2008-14 9. AMENDING CHAPTER 2 OF THE TAMARAC CODE — ADMINISTRATION: (T02165) Motion to adopt Ordinance on second 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 October 22, 2008 Page 6 of 9 codification. City Attorney Goren read Temporary Ordinance 2165 on second reading by title. Commissioner Dressler seconded by Vice Mayor Sultanof moved adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. 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 ADOPTED ON SECOND READING — OCTOBER 22, 2008 ORDINANCE NO. 0-2008-15 10. AMENDING CHAPTER 9 OF THE TAMARAC CODE —"HEALTH SANITATION AND NUISANCES"; CREATING SECTION 9-43: (T02166) Motion to adopt Ordinance on second readinA 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. City Attorney Goren read Temporary Ordinance 2166 on second reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Atkins -Grad "yes", Commissioner Dressler "yes", Vice Mayor Sultanof "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING — OCTOBER 7, 2008 ADOPTED ON SECOND READING — OCTOBER 22, 2008 ORDINANCE NO.O-2008-16 11. AMENDING CHAPTER 9 ENTITLED "HEALTHSANITATION AND NUISANCES" ARTICLE iv, ENTITLED "LOCAL HOUSING ASSISTANCE PROGRAM", AND BY CREATING SECTION 9-136: (T02167) Motion to adopt Ordinance on second reading amending Chapter 9 of the Code of Ordinances of the City of Tamarac, Florida, entitled "Health, Sanitation and Nuisances"; specifically amending 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. City Attorney Goren read Temporary Ordinance 2167 on second reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Dressler "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING — OCTOBER 7, 2008 ADOPTED ON SECOND READING — OCTOBER 22, 2008 ORDINANCE NO.O-2008-17 12. RECOGNITION AND ACKNOWLEDGEMENT OF PUBLIC SERVICE TO COMMISSIONER EDWARD C. PORTNER: Requested by City Manager Jeffrey L. Miller and Mayor Beth Flansbaum-Talabisco. October 22, 2008 Page 7 of 9 13. RECOGNITION AND ACKNOWLEDGEMENT OF PUBLIC SERVICE TO VICE MAYOR MARC L. SULTANOF: Requested by City Manager Jeffrey L. Miller and Mayor Beth Flansbaum-Talabisco. City Attorney Goren read the captions for Items 12 and 13. Broward County Commissioner Lieberman presented a proclamation to Vice Mayor Sultanof proclaiming today as Vice Mayor Sultanof Day. Broward County Commissioner Ritter presented a proclamation to Commissioner Portner proclaiming October 23, 2008 as Commissioner Portner Day. Senator Ring presented Senate Certificates of Appreciation to Vice Mayor Sultanof and Commissioner Portner. Theresa Brier, on behalf of Congressman Wexler, bestowed congressional certificates upon Vice Mayor Sultanof and Commissioner Portner. Lori Plotnik, on behalf of Representative Porth, bestowed House of Representative Certificates of Appreciation upon Vice Mayor Sultanof and Commissioner Portner. Mayor Flansbaum-Talabisco, on behalf of Edith Lederberg, read a poem Ms. Lederberg wrote in honor of Vice Mayor Sultanof. City Manager Miller spoke of both Vice Mayor Sultanof s and Commissioner Portner's many accomplishments over the years and presented each with dedicated service awards on behalf of the staff. Mayor Flansbaum-Talabisco presented Vice Mayor Sultanof and Commissioner Portner with plaques on behalf of the Mayor and City Commission and staff. Vice Mayor Sultanof thanked God for his new grandson and for the years spent with his loving wife, Sylvia. Vice Mayor Sultanof spoke of his friendship with former Mayor Abramowitz and his friendship with Commissioner Portner. Vice Mayor Sultanof thanked the department directors and staff for their help over the years. Vice Mayor Sultanof spoke of the wonderful job City Manager Miller has done since he was appointed to serve in this position, and his devotion to the office; thanked Deputy City Manager Cernech and Assistant City Manager Phillips for their help over the years; and thanked City Attorney Goren for all his help. Vice Mayor Sultanof spoke of his service on the North Broward Hospital District with City Attorney Goren's father, and the good works he and Mr. Goren did in the District. Vice Mayor Sultanof advised the new officials that even though they represent a particular district of the city, when they vote, they vote for the interests of the residents of the entire city. Commissioner Portner acknowledged Debbie DeCrane and Marie Abbandando for their help over the years. Commissioner Atkins -Grad said Vice Mayor Sultanof and Commissioner Portner are true friends and she will miss them both. October 22, 2008 Page 8 of 9 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 at 11:00 a.m. Beth Flansbaum-Talc co Mayor Marion Swenson, CMC City Clerk 1 1 October 22, 2008 Page 9 of 9