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HomeMy WebLinkAbout2009-10-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY OCTOBER 28, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, October 28, 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. Pledge of allegiance led by Commissioner Dressler. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming November 1, 2009 as "Grace Raia Day" in honor of her 100th Birthday. (Requested by Parks & Recreation Director Warner) b. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming October 28, 2009 as "Shirley Strassler Day" in honor of her 100th Birthday. (Requested by Parks & Recreation Director Greg Warner) C. Presentation by Mayor Flansbaum-Talabisco of Employee Service Awards: 5-Year Awards:. Clarence Martinie, Chief Mechanical Inspector, Building; Delroy Johnson, Utilities Service, Worker, Utilities 10-Year Awards: Rocio Goode, Office Specialist, Fire Rescue; Jeffrey Lopez, Paramedic, Fire Rescue 15-Year Award: Kevin Ellis, Carpenter, Public Works 20-Year Award: Brian London, Wastewater Supervisor, Utilities 25-Year Award: David Silverbloom Paramedic, Fire Rescue 30-Year Award: John Harvey, Water Plant Superintendent, Utilities REPORTS 2. City Commission a. Commissioner Bushnell spoke the ribbon cutting at the Multi Purpose Center, Hubert Klombers being honored as a Pioneer of the Year, two neighborhood meetings in District 1, and a ribbon cutting at Mainlands 4 with regard to a grant from Broward County Beautification. Commissioner Bushnell spoke of a seminar she attended wherein there was discussion regarding a surcharge on parking violations, said surcharge being used to fund school crossing guards, and added the City of Tamarac is looking into this program. Mayor Flansbaum- Talabisco said since Commissioner Bushnell has been representing District 1, there has been more time spent in District 1 by the Mayor and City Commission and staff than there has been over the past nine years, and gave kudos to Commissioner Bushnell for bringing that part of Tamarac into the fold. Page 1 of 6 City Commission Regular Meeting October 28, 2009 b. Vice Mayor Atkins Grad said it is wonderful having Commissioner Bushnell here and working as hard as she is in her District. Vice Mayor Atkins -Grad spoke of the many Homeowner Association meetings held in District 2 and said the hopes to be the Commissioner from District 2 for another term. Mayor Flansbaum-Talabisco congratulated Vice Mayor Atkins -Grad on the endorsement she received from the Sun -Sentinel. C. Commissioner Glasser spoke of University Hospital's ribbon cutting this week and the fact they now have private rooms, as does Cleveland Clinic, with facilities to accommodate family members who may wish to stay with a patient overnight. d. Commissioner Dressler congratulated Vice Mayor Atkins -Grad on the Sun-Sentinel's endorsement. Commissioner Dressler spoke of politics and added there have been unfounded accusations made during the current campaign, the likes of which he has not seen before; however, despite that, the City will move forward. e. Mayor Flansbaum-Talabisco spoke of her quest to have F.S. 166.031, regarding vacancy in candidacy, amended, and said she has been in touch with Representative Porth, who sent the Bill to the Tallahassee Bill Drafting Office, and he also communicated with Representative Clark -Reed and Robert Schenck, who is the Chair of the Senate Elections and Ethics Committee. Mayor Flansbaum-Talabisco has also spoken to Senator Deutch regarding the Statute, and she has reason to believe the Statute will be amended. Mayor Flansbaum- Talabisco spoke of the editorial carried in the Sun -Sentinel this past Saturday, regarding the Special Election and the cost to the City. 3. Assistant City Attorney Klahr had no report. Mayor Flansbaum-Talabisco said there will be a swearing -in ceremony at 10:00 a.m. on November 10, 2009 and the municipal election will be held on Tuesday, November 3, 2009 for District 2. We will know at Noon on November 4th what will transpire with the Mayoral Race. 4. City Manager said BSO and Tamarac Fire Rescue (TFR) are coordinating free child safety seat inspections at Baby Love on January 23, 2010 from 11:00 a.m. — 3:00 p.m. TFR vaccinated 490 Tamarac elementary children for H1N1, and another 31 Broward schools are slated to be provided with vaccination. More than 2,100 children participated in Fire activities. Tamarac Rescue was awarded a plaque from Faith United Church for their participation and dedication to the community. TFR announces their 2009 Adopt a Family Food/Toy Drive. New, unwrapped items can be dropped off at Station 15 which is located at Hiatus Road. Information Technology (IT) reports they have completed installation of the Motorola Canopy Wireless System, and the City will save $1,200 each month. Parks and Recreation announces its Annual Halloween Hoopla on Friday, October 30 from 6:00 p.m. — 8:00 p.m. at Tamarac Park, 7501 N University Drive. The Public is invited to attend the Veterans Day Ceremony at Southgate Boulevard on November 11 th. Eighty-eight people from the public took advantage of the free flu shots given on October 15th 5. PUBLIC PARTICIPATION: Joe Schreiber, 10504 E Clairmont Circle, questioned Item 6(f) on the consent agenda. City Manager Miller and Public Works Director Strain explained the reason for the Change Order. Page 2 of 6 City Commission Regular Meeting October 28, 2009 CONSENT AGENDA 6. Vice Mayor Atkins -Grad seconded by Commissioner Bushnell moved approval of all items on the consent agenda. On roll call Vice Mayor Atkins -Grad voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. Approve the Minutes of the October 5, 2009 Special Commission Meeting APPROVED b. Approve the minutes of the October 14, 2009 Regular City Commission Meeting. APPROVED C. TR11700 Granting approval of the Special Extended Hours permit, requested by Gary Bruce Walker, owner of the Oasis Pub of Tamarac, Inc. (dba: Oasis Pub), to extend the hours of the on -premise sale and consumption of alcoholic beverages and to open for business at 7:00 a.m. on weekdays, pursuant to the City of Tamarac Ordinance No. 0-85-38, for the Oasis Pub of Tamarac, Inc. (dba: Oasis Pub) located in the Three Lakes Plaza at 3224 West Commercial Boulevard (Case No. 26-MI-09); providing for conditions of approval. RESOLUTION NO. R2009- 143 d. TR11708 Approving an agreement between the City and ACAI Associates, Inc. for the specification writer and administrator of Community Development - Housing Rehabilitation Programs; authorizing and directing the appropriate City Officials to take any and all action necessary to effectuate the intent of this resolution. RESOLUTION NO. R2009- 144 e. TR11703 Requesting that the City adopt Green Standards for new and substantially renovated government buildings (Case No. 27-MI-09); providing for conditions of approval. RESOLUTION NO. R2009-145 f. TR11704 Authorizing the appropriate City Officials to execute Change Order No. 1 to the agreement with Charland Rurey Construction, Inc., for additional work at the Fire Station 41 &78 Renovation Project; authorizing an additional expenditure in the amount not to exceed $111,666.00; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2009- 146 g. TR11707 Authorizing the appropriate City Officials to authorize an Amendment to the Agreement between the City of Tamarac and Macmillan Oil Company, Inc. For the purchase of gasoline utilizing the City of Plantation Agreement; authorizing purchase of gasoline in the quantities needed based on the Oil Price Information Service Price Index Cost at the time of delivery; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2009-147 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING There were no ordinances scheduled for first reading. PUBLIC HEARING(S) 9:00 AM OR THEREAFTER ORDINANCE(S)—SECOND READINGS Assistant City Attorney Klahr read Temporary Resolution 11714 by title. A Resolution of the City Commission of the City of Tamarac, Florida, calling and providing for a Special Municipal Election to be held on the 18th day of December 2009, to provide for the election of an At - Page 3 of 6 City Commission Regular Meeting October 28, 2009 Large Mayor; providing for times of said election; authorizing the expenditure by the City to cover the costs of the election; providing for a qualifying period; providing for polling places; directing the City administration to take any and all steps necessary to effectuate the intent of this resolution; providing for conflicts; providing for severability; and providing an effective date. Vice Mayor Atkins -Grad seconded by Commissioner Glasser moved the addition of Temporary Resolution 11714 to the regular agenda as Item #9. On roll call Commissioner Glasser voted "yes", Commissioner Dressler "yes", Vice Mayor Atkins -Grad "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Dressler questioned the appropriateness of adding language "as needed" to the Resolution and Assistant City Attorney Klahr said it was unnecessary to add such language to the Resolution as we followed the election laws in drafting the resolution and advertisements. Mayor Flansbaum-Talabisco questioned the preparations for the impending Special Election and City Clerk Swenson and Public and Economic Affairs Officer Berns both explained the advertisements, phone calls and mailings that were prepared for the Special Election. Commissioner Dressler questioned the legality of including the cost of the Special Election to advertisements and Assistant City Attorney Klahr said it would be improper. Commissioner Bushnell said a lot of time was spent encouraging people to vote and she wanted to be sure notices were posted at the polling places. Commissioner Dressler asked about using Code Red to notify people and City Manager Miller responded there is an expense involved, and while this is an unusual situation it is not an emergency, which is what we would normally use Code Red for; Code Red is not technically precise and he is concerned that using it would jeopardize some of District-2. Mayor Flansbaum-Talabisco confirmed notices would be on City electronic media and blast emails from the Mayor and City Commission. Commissioner Glasser cautioned the Mayor and City Commission to be careful in their wording of the situation to the residents so no votes would be compromised. Mayor Flansbaum-Talabisco said she appreciated the time and effort put forth by everyone in putting the Special Election together. 7. T02182 VACANCY IN CANDIDACY Motion to adopt an Ordinance of the City of Tamarac, Florida, on second reading, amending Chapter 2 of the City's Code of Ordinances, entitled "Administration", by specifically creating Article II, Section 2-35, to be entitled "Vacancy in Candidacy for member of City Commission"; providing a mechanism for filling a vacancy in candidacy for the City Commission pursuant to Section 166.031, F.S; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read Temporary Ordinance 2182 on second reading by title. Vice Mayor Atkins -Grad seconded by Commissioner Dressler moved adoption. Mayor Flansbaum- Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Glasser voted "yes", Commissioner Dressler "yes", Vice Mayor Atkins -Grad "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 14, 2009 ADOPTED ON SECOND READING OCTOBER 28, 2009 ORDINANCE NO.0-2009-10 Mayor Flansbaum-Talabisco moved out of the regular order of business on the agenda to take up Item 9. Page 4 of 6 City Commission Regular Meeting October 28, 2009 9. TR11714 A Resolution of the City Commission of the City of Tamarac, Florida, calling and providing for a Special Municipal Election to be held on the 18th day of December 2009, to provide for the election of an At -Large Mayor; providing for times of said election; authorizing the expenditure by the City to cover the costs of the election; providing for a qualifying period; providing for polling places; directing the City administration to take any and all steps necessary to effectuate the intent of this resolution; providing for conflicts; providing for severability; and providing an effective date. Assistant City Attorney Klahr read Temporary Resolution 11714 by title. Commissioner Bushnell seconded by Vice Mayor Atkins -Grad moved approval. On roll call, Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad "yes", Commissioner Glasser "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. RESOLUTION NO. R2009-148 QUASI-JUDICIAL HEARING(S) 8. TR11616 MOBILE FLORIDA SERVICES - SPECIAL EXCEPTION: Motion to approve a Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception to allow the operation of an "Accessory Truck Rental" operation located at 8267 N.W. 88th Avenue specifically a portion of Parcel "A" of Tamarac Town Square, according to the Plat thereof as recorded in Plat Book 112 Page 1 of the public records of Broward County, Florida (Case No. 4-Z-09); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read Temporary Resolution 11616 by title and explained the Quasi -Judicial procedures. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval. City Clerk Swenson swore in all those who wished to speak on the matter. Community Development Director Bramley gave a presentation. Commissioner Dressler said at the Woodmont Property Homeowners' Association there was no community objection to the request. Mayor Flansbaum-Talabisco confirmed the Planning Board voted unanimously for the conditions of approval. Commissioner Glasser said there is a safety issue on the Southgate Boulevard end of the shopping plaza; it is very dark and there is no lighting. Commissioner Glasser asked for assurances that the lighting will be addressed. Commissioner Bushnell questioned who pays for the hedges and maintenance of same. Vice Mayor Atkins -Grad said the ficus hedges grow quickly and it will look lovely when they fill out. Community Development Director Bramley said the site plan would be looked at with reference to the photometrics requirements at the time of the site plan, and if necessary, Code Enforcement would be brought into the picture. Public Works Director Strain said the site has been checked and it was determined that the overgrown trees are obstructing the street lights. The owner will be spoken to about tree trimming. Mr. Perichi, 8267 N Pine Island Road, on behalf of the applicant, said the applicant is paying for maintenance and irrigation of the hedges. Commissioner Dressler said trucks have been parked behind Publix for about 10 years and this is not the time to negatively impact small business in our City. Mayor Flansbaum-Talabisco opened the public hearing. Joe Schreiber, 10504 E Clairmont Circle, asked if surrounding tenants had to be notified. Community Development Director Bramley said all property owners within 400' were notified. With no one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. Commissioner Glasser questioned how the owners would be approached to see if they will put lighting in the center and Community Development Director Bramley explained the City would go back through the site plan to see what lighting was required, and if necessary, would get Code Enforcement involved. On roll call Commissioner Bushnell voted "yes", Commissioner Page 5 of 6 City Commission Regular Meeting October 28, 2009 Glasser "no", Commissioner Dressler "yes", Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009-149 Vice Mayor Atkins -Grad "yes", and Mayor 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 10:25 a.m. Mayor Beth Flansbaum-Talabisco Marion Swenson,: CMC City Clerk F, 1 Page 6 of 6 City Commission Regular Meeting October 28, 2009