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Home My WebLink About2009-12-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY DECEMBER 9, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 PM on Wednesday, December 9, 2009, in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Patricia Atkins -Grad, and Commissioner Diane Glasser. ALSO PRESENT: City Manager Jeffrey L. Miller, City Assistant City Attorney Julie Klahr, and City Clerk Marion Swenson. Mayor Beth Flansbaum-Talabisco asked for a moment of silence after the pledge in remembrance of Dot Murphy who passed away last week. Vice Mayor Dressler led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: There were no proclamations or presentations scheduled for this meeting. REPORTS 2. a. Commissioner Bushnell said it was a quiet two weeks due to the holidays and on Thanksgiving she had the wonderful opportunity to serve dinner to the homeless. Commissioner Bushnell said she attended the Employee Holiday Luncheon and the Historical Society Reception earlier today and both were wonderful events. b. Commissioner Atkins Grad said she continues to attend the homeowner association meetings and concurred with Commissioner Bushnell regarding the Employee Holiday Party and Historical Society Reception. c. Commissioner Glasser said this is holiday time and we are all dedicated to the communities that we work with and commended Parks and Recreation for the holiday event at the Community Center last week. d. Vice Mayor Dressler wished everyone a happy and healthy holiday. The Florida Senate passed a bill for dedicated funding for Tri-Rail for $25 million which allows the state to seek federal funding for Sun -Rail — Tampa/Orlando for $1.3 billion. Vice Mayor Dressler will report further on mass transit at a future time. e. Mayor Flansbaum-Talabisco said the Ferguson Group has made inroads on the inclusion of our suggestions for local government funding in any upcoming stimulus for the use of TARP funds and on HR 3007. Mayor Flansbaum-Talabisco said the information received from Ian Rader of Debbie Wasserman-Schultz's office and Senator Page 1 of 5 City Commission Regular Meeting December 9, 2009 Nelson was very encouraging. Mayor Flansbaum-Talabisco said she was out this weekend and drove past the Westwood 5 Clubhouse which is under renovation as the residents are trying to rebuild the clubhouse back into a true community center for Westwood residents. This really speaks to the spirit of Tamarac. Mayor Flansbaum- Talabisco wished everyone a happy and healthy holiday. Vice Mayor Dressler congratulated BSO on the apprehension of the individual who sexually assaulted a 90 year old woman. Commission Atkins -Grad recognized Deputy Del Sol and the Explorers who were in attendance. 3. Assistant City Attorney Klahr said Representative Porth on November 19th filed House Bill 385 which will provide an amendment to the vacancy in candidacy statute. Mayor Flansbaum-Talabisco said Senator Ring will carry it in the house for us and Senator Deutsch will help it along its way. Assistant City Attorney Klahr said Governor Crist has been trying to get a grand jury for the purposes of investigating and looking through South Florida for misdeeds and on December 2"d the Florida Supreme Court issued an order to empanel a grand jury. Assistant City Attorney Klahr gave an overview of the items that the grand jury would be investigating; the jury would serve a term that would run for a period of 12 months from the date the grand jury is empanelled with Judge Tobin presiding. Vice Mayor Dressler said while the grand jury has broad jurisdiction, it is odd to have all the offenses listed as part of the grand jury's jurisdiction, and Assistant City Attorney Klahr said the specific crimes are identified as being prolific in Florida; they are broad and encompassing by specific as to what they are looking at; it is strictly a state level grand jury. 4. City Manager Miller said Community Development reports on December 14th Ilian Averbach will begin installing "Under the Shadow of the Big Tree" in Tephford Park. Final approval has been granted by the DCA regarding elements on the water supply comprehensive plan; the file is certified and approved by the state. The Fire Department will hold the citywide second annual fire drill campaign on January 10th; kickoff will be at Yardley @ Kings Point. Utilities/I.T. Departments will be next. There will be CERT training at Fire Station 15 on January 26 and March 26. The H1 N1 Program was successful with over 200 vaccinations given to EMT and City Staff. I.T. is working on commodity codes in the HTE purchasing system, which is being updated to track all environmental items purchased and will also keep track of inventory. Parks and Recreation reports the Turkey Trot was very successful with over 1,500 participants and the event was shadowed in Iraq with over 2,000 racers. Arigo Dodge sponsored the event. Over 350 people were in attendance at Light Up Tamarac. There will be a Winter Break camp and the concert series will begin on January 8th, at 7:00 p.m. at the Sports Complex featuring new talent Nate Larson, who specializes in blues/jazz and soul. Utilities reports on a water cutoff with regard to a County road project with minimum inconvenience to residents. There was a water break in Sunshine Plaza Saturday night which did not inconvenience residents. City Manager Miller introduced Page 2 of 5 City Commission Regular Meeting December 9, 2009 Mark Mason who will be our new finance director after the Mayor and City Commission vote on the item tonight. Mr. Mason said he looks forward to working in Tamarac. Commissioner Atkins -Grad reported on dictionary distribution to third grade classes at Challenger Elementary School. City Manager Miller said it has been a long, challenging year for us, in particular from a financial standpoint. City Manager Miller wished everyone a happy holiday season. 5. PUBLIC PARTICIPATION: There was no public participation CONSENT AGENDA 6. Assistant City Attorney Klahr read Temporary Resolution 11745 by title. A Resolution of the City Commission of the City of Tamarac, Florida, appointing Mark C. Mason as Director of Financial Services, effective January 11, 2010, or at such date as is mutually agreed upon; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Atkins Grad seconded by Vice Mayor Dressler moved the addition of TR11745 to the consent agenda as item No. 6(f). On roll call Commissioner Bushnell voted "yes", Commissioner Atkins Grad "yes", Commissioner Glasser "yes", Vice Mayor Dressler "yes" and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Atkins -Grad seconded by Commissioner Glasser moved the approval of all items on the consent agenda (items 6(a) through 6(f)). On roll call, Commissioner Bushnell voted "yes", Commissioner Atkins Grad "yes", Commissioner Glasser "yes", Vice Mayor Dressler "yes" and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVAL OF THE NOVEMBER 25, 2009 COMMISSION MEETING MINUTES APPROVED b. TR11717 AMENDMENT #2 TO AGREEMENTT WITH JEFF ELLIS: Authorizing the appropriate City Officials to execute Amendment #2 to the Agreement between the City of Tamarac and Jeff Ellis Management LLC, exercising the option to renew the Agreement to provide Swimming Pool Management Services for the Caporella Aquatic Center at a cost of $639,339.72. RESOLUTION NO. R2009-169 C. TR11739 INSTALLATION OF PHOTOVOLTAIC PANELS: Authorizing the appropriate City Officials to execute an open end term Agreement with Roofing Concepts Unlimited, Inc. for the construction of the Photovoltaic Project, located at the Tamarac Community Center, 8601 West Commercial Boulevard, providing for fixed pricing for construction of photovoltaic cells for up to four (4) additional facilities at the City's option for a period of twelve (12) months from date of award in accordance with bid No. 09-18b, for an amount of $184,600 and a 10% contingency of $18,460.00 for a total not to exceed $203,060.00 for the initial project and for each facility, subject to receipt of funding from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2009-170 Page 3 of 5 City Commission Regular Meeting December 9, 2009 d. TR11740 KINGS ARBOR KEYS, LLC EXCEPTION TO CODE AND MOU: Authorizing the appropriate City Officials to approve an exception to City Code Section 22-131 (a), "Adjustment to Bills" and approving execution of a Memorandum of Understanding between the City and Kings Arbor Keys, LLC, relating to monies owed to the City by the Kings Arbor Keys, LLC, Association. RESOLUTION NO. R2009-171 e. TR11735 Authorizing the appropriate City officials to approve an application by the Broward Sheriffs Offices for the release of Law Enforcement Trust Funds in the amount of $20,000.00 to provide funding for Tamarac District Explorer Post 7, the request complies with the agreement between the City of Tamarac and the Broward Sheriffs Office (BSO). RESOLUTION NO. R2009-172 f. TR11745 A Resolution of the City Commission of the City of Tamarac, Florida, appointing Mark C. Mason as Director of Financial Services, effective January 11, 2010, or at such date as is mutually agreed upon; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2009-173 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE(S) — FIRST READING There were no ordinances scheduled for first reading PUBLIC HEARING(S) 7:00 PM OR THEREAFTER 7. TR11711 APPROVAL OF CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER): Authorizing the appropriate City officials to approve the Consolidated Annual Performance Evaluation Report (CAPER FY2008-2009) for the US Department of Housing and Urban Development (HUD'S) Community Development Block Grant (CDBG) programs for HUDS fiscal year 2008-2009; Case No 31-MI-09. Assistant City Attorney Klahr read Temporary Resolution 11711 by title. Commissioner Atkins Grad seconded by Commissioner Bushnell moved approval. Mayor Flansbaum- Talabisco opened the public hearing and with no one wishing to speak closed the public hearing. On roll call Commissioner Bushnell voted "yes", Commissioner Atkins Grad "yes", Commissioner Glasser "yes", Vice Mayor Dressler "yes" and Mayor Flansbaum- Talabisco "yes". Motion carried. RESOLUTION NO. R2009-174 ORDINANCE(S) — SECOND READINGS 8. TEMPORARY ORDINANCE 2184 - LIEN FEE INCREASE: Motion to adopt an Ordinance of the City of Tamarac, Florida, on second reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation"; by specifically amending Section 6-37 entitled "Requests for Information Concerning Outstanding City Liens"; providing for an increased service charge from $50.00 to $75.00 for processing Page 4 of 5 City Commission Regular Meeting December 9, 2009 1 1 Requests for Information pertaining to outstanding city liens; providing for the elimination of the $25.00 service charge for follow-up lien searches; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read Temporary Ordinance 2184 on second reading by title. Commissioner Atkins -Grad seconded by Commissioner Glasser moved adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Bushnell voted "yes", Commissioner Atkins -Grad "yes", Commissioner Glasser "yes", Vice Mayor Dressler "yes" and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 25, 2009 ADOPTED ON SECOND READING DECEMBER 9, 2009 ORDINANCE NO. 0-2009-11 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 7:40 p.m. _0,4W441` --- Beth Flansbaum-Talabi co, Mayor _1 W''i'malasom'-w—A WPA Page 5 of 5 City Commission Regular Meeting December 9, 2009