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
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