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HomeMy WebLinkAbout2009-11-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING TUESDAY NOVEMBER 10, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 2:30 p.m. in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. 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, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Commissioner Bushnell led the pledge of allegiance. 1. There were no Proclamations or Presentations scheduled for this meeting. 2. City Commission Reports: Commissioner Bushnell thanked staff for all their assistance as there were lots of little problems in the communities these past two weeks which are all being addressed. This morning's swearing -in ceremony was very nice and she is glad the two commissioners are back on the dais for another term. Vice -Mayor Atkins Grad said this has been an exciting time and she is grateful to be back and happy to be here with the team; the best Tamarac has ever had. Commissioner Glasser reported the District-3 meeting was well attended by many communities and there was a good outcome. Commissioner Glasser said she is grateful Commissioner Dressler and Vice -Mayor Atkins -Grad were re-elected and are still part of the team. Commissioner Dressler congratulated Vice -Mayor Atkins -Grad on her reelection. The MPO will meet next week to discuss and vote on the 2035 long range transportation plan. Tamarac is well positioned as a City regarding the type of transportation hub that will be built into the long range plan for the Main Street project. Commissioner Dressler said he is delighted to be here working with this group of dedicated professionals. Mayor Flansbaum-Talabisco said this morning's swearing -in ceremony was a very auspicious occasion and she is appreciative her colleagues are back in their seats and we can now move forward with the business of the City. Next week Mayor Flansbaum- Talabisco will travel to Washington DC with Assistant City Manager Phillips to visit Capitol Hill so she can continue advocating for projects in the City. By the next Commission meeting she will have more to report. Tomorrow is Veterans Day and at Page 1 of 6 City Commission Regular Meeting November 10, 2009 11:00 a.m. there will be a special tribute at Veterans Park along with the Veterans Assembly. 3. City Attorney Goren spoke of an anti-texting Ordinance adopted by the City of Parkland and said Parkland had requested an Attorney General Opinion as to the legality of the Ordinance. Section 316.0075, F.S. addresses specific preemptions and the fact that local government cannot adopt texting or anti-texting ordinances that would run afoul of the statute. There are currently six Bills pending with regard to mobile phones and texting while driving: HB41, SB168, SB244, HB 323, and SB324. With the number of Bills pending for the upcoming session, it is likely a State Bill will be adopted. Mayor Flansbaum-Talabisco said over the past years she has had conversations with high level folks at Verizon and they do not oppose these bills, they only ask that they be adopted uniformly. City Attorney Goren said other Bills that have been pre -filed are S13138 regarding shade sessions, to enhance the number of people that can be in attendance to give the Mayor and City Commission as much information as possible; HB271 regarding offences by public officials or others, which is the statewide equivalent to the Honor Services Bill. Commissioner Dressler asked if this includes the legislature and City Attorney Goren said it does not. City Attorney Goren continued with S6294, Red Light Cameras and HB325 regarding equitable distribution of fees/fines for red light camera running; SB598 which addresses amending the State constitution regarding terms to make local government elected officials' terms 8 years only. Commissioner Dressler questioned the statute of limitations for House/State representatives and City Attorney Goren said it is 8 years, but the constitution does not reach down to counties and municipalities. Commissioner Dressler asked if the proposed Honor Services Bill applies to Senate and House and City Attorney Goren said he would review and get back to the Mayor and City Commission. Commissioner Dressler said if the Senate and Representatives are not included he would ask the Mayor and City Commission for a Resolution recommending they be included in the class. 4. City Manager Miller said the City Clerk's office reports they are working with the Public Information office providing information and guidance to the Historical Committee. The City Clerk's office holds records and information tracking the City's history and the Historical Committee members are going through the records and putting together a display. Assistant City Clerk Teufel has graduated from the three- year FACC course of study and will formally file an application for her Certified Municipal Clerk designation. A few days ago a 2-1/2 year old boy was seen walking along Nob Hill Road, and his parents could not be located. The City activated the CERT volunteers and put a call out to the media, as well as use of the Code Red to individual homes. The father was located in Miami (he saw the news on television)and the family was reunited with the assistance of Public and Economic Affairs Officer Berns and BSO. H1 N1 innoculations were given to students at Tamarac Elementary and Millennium Middle School; over 900 students have signed up for the shots and 600 have received the vaccination so far. Challenger Elementary students will receive the Page 2 of 6 City Commission Regular Meeting November 10, 2009 vaccine this week and with that we will have completed the three schools in Tamarac. The Tamarac Turkey Trot 5K will take place on Thanksgiving Day. The Halloween Hoopla held on October 30 at Tamarac Park was very successful with over 700 in attendance. 5. PUBLIC PARTICIPATION: Bob Starch, 4622 NW 45 Court asked for Item 6(b) on the consent agenda to be moved to the regular agenda for discussion. Gary Streitch, 7904 NW 83 Street congratulated Vice -Mayor Atkins -Grad and Commissioner Dressler on their reelection and spoke in opposition to the upcoming December 18 municipal election for Mayor -At -Large due to the amount of money it will cost the City. Lori Applebaum, 8300 White Oak Drive spoke of Gunther Livingston, who has qualified to run for Mayor in the December 18th election and asked how he could qualify with a past record. City Attorney Goren explained under the City Charter to run for office in the City of Tamarac one must be 18 years of age and a qualified elector. As long as one's civil rights have been restored and the person is a qualified voter there is nothing in State law or the Charter that would prevent one from running for office. City Attorney Goren explained Chapter 166.031, F.S. Vacancy in Candidacy was amended about 10 years ago as the result of collusion in the qualifying process. The City of Tamarac has adopted an Ordinance which is required by State Statute to address this issue. Conversations have been held with the Governor's office to amend the statute. However, if Mr. Livingston decides to pull out of the race as he did before, the City is prepared to go to court to have a judge decide how to handle the situation so there will be no waste of City money. City Attorney Goren said according to the Broward County Supervisor of Elections, Mr. Livingston does have a valid voting card. Dan Mandel, 8771 Holly Court asked if this was discussed with the Governor and spoke in opposition to the current process and spending taxpayers' money in this manner. Mayor Flansbaum-Talabisco said she immediately reached out to Governor Crist and spoke with his new Chief of Staff, Shane Strom. Ari Porth, head of the Broward Delegation in Tallahassee will carry the Bill in the House; we now need someone to carry the Bill in the Senate. Commissioner Dressler questioned Mr. Livingston's background and City Attorney Goren said it is a public record and once it is submitted to the City Clerk, she can then submit it to the Mayor and City Commission. Dot Murphy, 5008 NW 50 Court spoke against Item 6(b) being included in the consent agenda and asked that it be moved to the regular agenda for discussion. CONSENT AGENDA 6. Commissioner Bushnell asked that Item 6(b) be moved to the regular agenda for discussion. All were in agreement. Vice -Mayor Atkins -Grad seconded by Commissioner Dressler moved approval of all items on the consent agenda with the exception of 6(b). On roll call Commissioner Dressler voted "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", Vice - Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. Approve the Minutes of the October 28, 2009 Commission Meeting APPROVED Page 3 of 6 City Commission Regular Meeting November 10, 2009 b. TR11634 SABAL PALM SITE PLAN EXTENSION: Granting a time extension of twelve (12) months for final site plan approval, for the Sabal Palm project requested by Shawn Chait, Designated Agent for the property owner, Prestige Homes of Tamarac Inc., (Case No. 12-SP-09); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. MOVED TO REGULAR AGENDA FOR DISCUSSION C. TR11718 OFFICE SUPPLIES: Authorizing the appropriate officials to renew an agreement for office supply needs with Office Depot, Inc. on behalf of the Southeast Florida Governmental Purchasing Cooperative for the period of January 1, 2010 through January 1, 2011, utilizing pricing provided through the U.S. Communities Government Purchasing Alliance Term Contract Master Purchase Agreement #42595; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009-151 d. TR11721 UNUM LONG TERM DISABILITY INSURANCE RENEWAL: Authorizing the appropriate City Officials to approve 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, 2010; providing for the continuation of the existing cost allocation of the long-term disability insurance premium between the city and employees; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009-152 e. TR11719 2010 HEALTH INSURANCE CONTRACT: Authorizing the appropriate City officials to execute the agreement of the City's Health Insurance program with United Healthcare Insurance Company for the plan year effective January 1, 2010; providing for plan design and premium rates; providing for the continuation of the existing cost allocation of the Health Insurance premium between the City and employees; providing for a waiver reimbursement maximum; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009-153 f. TR11720 DENTAL INSURANCE CONTRACT: Authorizing the appropriate City officials to execute the agreement of the City's Dental Insurance program with United Healthcare Insurance Company for plan year effective January 1, 2010; providing for plan design and premium rates; providing for the continuation of the existing cost allocation of the dental insurance premium between the City and employees; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009-154 END OF CONSENT AGENDA REGULAR AGENDA b. TR11634 SABAL PALM SITE PLAN EXTENSION: Granting a time extension of twelve (12) months for final site plan approval, for the Sabal Palm project requested by Page 4 of 6 City Commission Regular Meeting November 10, 2009 Shawn Chait, Designated Agent for the property owner, Prestige Homes of Tamarac Inc., (Case No. 12-SP-09); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR11634 by title. Vice -Mayor Atkins -Grad seconded by Commissioner Dressler moved approval. Commissioner Bushnell said Prestige Homes purchased the property in question and they have rights to the property. This is a housekeeping issue and it changes nothing that happened before. Prestige Homes spent a lot of money on infrastructure and they have the right to continue with their plan; what happens in other government entities does not affect or change what goes on in Tamarac. This is only about the Saba[ Palm location. Community Development Director Bramley gave a presentation and said staff recommends approval. The restrictive covenants run with the land use plan amendments and that will not change. The reason there was a lag in the request coming before the Mayor and City Commission was because SB360 was approved in the interim; and staff recommends a site plan approval for one year from this date. Mayor Flansbaum-Talabisco questioned the ramifications if we do not approve and Community Development Director Bramley explained from a planning perspective if the site plan extension is not approved today it will expire. The applicant can then resubmit for approval and go through the process and come back before the Mayor and City Commission, which would take about four months. The cost for them to reapply is $1,000. City Attorney Goren said it is a housekeeping issue, solely under the control fo the Mayor and City Commission. There is no change to land use or density. Under City Code there is an allowance for an extension as long as the request is made and filed timely. The applicant filed the request the same time as SB360 was being discussed. The land dedications have already occurred and the City owns the open space dedicated by the plat. There has been investment in the infrastructure and whether the owner of the property is charged with a crime or is under criminal investigation is not the issue for this Commission. Commissioner Dressler confirmed there have been no endorsements of any kind implied; today he took an oath to uphold, support, protect and defend the Constitution of the United States and the State of Florida; the applicant has the right to due process and Commissioner Dressler said he does not feel at this time there is any legal basis to deny the application. Commissioner Bushnell said she heard the words collusion and corruption brought out and she assures everyone no member of the Commission wants these labels attached to them; it is clearly the builder's right for an extension to be granted and it is better to move forward then to have the land lay fallow for the rest of our lives. Mayor Flansbaum- Talabisco thanked Commissioner Bushnell for taking the lead on this matter and thanked those in the audience for appearing before the Mayor and City Commission. Mayor Flansbaum-Talabisco said she spent an extensive amount of time over the last month with counsel regarding a number of issues; she trusts City Attorney Goren and believes if he had any other opinion he would give it to the Mayor and City Commission. City Manager Miller added this is an administrative item. The developer acted in reliance with what the Mayor and City Commission permitted him to do and he began construction of the infrastructure. In any court of law judges would find for the developer should he file a case against the City. The developer has paid the processing fee and the plans have been rechecked by staff to make sure they are the Page 5 of 6 City Commission Regular Meeting November 10, 2009 same as originally submitted. The best cause of action is to approve the extension. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice -Mayor Atkins -Grad "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. RESOLUTION NO. R2009-155 ORDINANCE(S) — FIRST READING There were no Ordinances scheduled for first reading. PUBLIC HEARING(S) 2:30 PM OR THEREAFTER PUBLIC HEARING(S) ORDINANCE(S)—SECOND READINGS There were no Ordinances scheduled for second reading. QUASI-JUDICIAL HEARING(S) There were no Quasi -Judicial hearings scheduled for this meeting. 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 3:45 P.M. Beth Flansbaum-Talabisco, Mayor Marion Swenson, CMC City .clerk Page 6 of 6 City Commission Regular Meeting November 10, 2009 1