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HomeMy WebLinkAbout2009-04-06 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, APRIL 6, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the workshop meeting of the City Commission to order at 9:30 a.m. on Monday, April 6, 2009, in Room 105, Tamarac City Hall, 7525 NW 88th 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, Deputy City Manager/Interim Financial Services Director Michael C. Cernech, and Assistant City Clerk Patricia Teufel. Mayor Flansbaum-Talabisco led the pledge of allegiance 1. Item No. 7 on the Regular Agenda. DANGEROUS DOG ORDINANCE: (T02173) Motion to adopt Ordinance on first reading amending Chapter 4 of the City's Code of Ordinances, entitled "Animals", by specifically amending Section 4.3, entitled "Animal Bites; Reporting; Quarantine of Animal"; providing regulations for dangerous dogs; providing for the reporting of dangerous dog bite incidents; providing for registration, insurance and quarantine requirements for dangerous dogs; providing for enforcement; providing for consistency with the Florida statutes; providing for codification; providing for conflicts; providing for severability; and proving for an effective date. Assistant City Attorney Julie Klahr and Code Enforcement Manager Mark Woods appeared. Assistant City Attorney Klahr gave a presentation. Vice Mayor Atkins -Grad spoke of the difficulty in securing insurance and the associated cost. Assistant City Attorney Klahr confirmed that the required insurance is expensive and there are a few insurance carriers that will write policies. The insurance requirement will serve as an incentive to curb, restrain and train animals. Commissioner Bushnell asked who was responsible for paying for the quarantine of an animal and Assistant City Attorney Klahr responded that if the County quarantines the animal the County would cover the cost; however, if the owner quarantines the animal with a vet, the owner would bear the cost. Commissioner Glasser confirmed that only dogs not property vaccinated would be quarantined. Commissioner Glasser expressed concern for an innocent person being attacked by a dangerous dog. Assistant City Attorney Klahr spoke of the "one free bite" rule and after a second bite, an animal is deemed to be dangerous. Mayor Flansbaum- Talabisco said incidents of aggressive behavior must be reported to BSO in order for this ordinance to be effective. Commission Dressler commented that in the four years that he has been in office he could not remember legislation that had the potential impact to save people's and dog's lives and is happy to move forward with this ordinance. Vice Mayor Atkins -Grad asked how many reports were received by BSO last year. Chief Duguay said there were probably a dozen incidents reported and not all City Commission Workshop Meeting April 6, 2009 Page 1 of 5 were bite incidents. Commissioner Glasser commented that certain breeds are known to be dangerous, but all dogs have the potential to be dangerous and asked if there was a way for all dogs in Tamarac to be registered with the City. Assistant City Attorney Klahr responded that dogs are registered through Broward County for licensing and vaccinations and if necessary we could always obtain a list of all registered dogs directly from Broward County. Mayor Flansbaum-Talabisco said that she receives notices from both the County and her vet when her dogs are due for vaccinations and we can easily get a list from Broward County. Mayor Flansbaum-Talabisco asked if there is a dog in your neighborhood that you are afraid of, would it warrant a phone call to BSO to have the animal checked out, and Assistant City Attorney Klahr responded that to the extent that any person feels fearful she would not think that BSO would discourage a person calling. If the deputy responded and there really wasn't an incident, the Deputy could address the issue and explain should there be an occurrence where the dog becomes aggressive, to feel free to call back. Commissioner Dressler commented that the ordinance specifically addresses the issue of a dog on an owner's property. If there was a situation where there was no fence between you and the dog this would be a cause of fear, however, the ordinance would only be triggered if the dog aggressively moved off the property. Mayor Flansbaum-Talabisco asked Assistant City Attorney Klahr to discuss what Tamarac currently has in the Code regarding pit bulls versus this new ordinance. Assistant City Attorney Klahr said the City of Tamarac now has an ordinance that regulates pit bulls that predates the State Statute which prohibits breed specific regulation and for that reason Tamarac's ordinance is still valid. This ordinance does not attempt to regulate by breed. There are aggressive dogs that are not the typical dog that someone would associate with being a danger to people or another animal. It is not for us to determine because of the type, the size or nature whether or not a dog is dangerous, it is the dog's behavior and the ability of the owner to manage it and that is what this ordinance attempts to address. Mayor Flansbaum-Talabisco said that if there is an incident at the dog park involving an aggressive dog it would be incumbent upon on an individual to call BSO to handle the situation and if the dog was deemed to be aggressive than it would not be allowed back into the dog park. Assistant City Attorney Klahr said if BSO responds and takes the report then once the determination of being a dangerous dog has made, that dog can no longer be at the dog park. Tamarac also has dog park rules that are separate and apart from this ordinance. Commissioners Dressler and Glasser both agreed that people need to know what to do when an incident occurs and suggested putting that information in the Tam -A -Gram and on the City's web site. Mayor Flansbaum-Talabisco suggested using blast emails and discussing this at future Neighborhood meetings. Mayor Flansbaum-Talabisco asked Assistant City Attorney Klahr to go over the extensive research that was done for this ordinance. Assistant City Attorney Klahr said there were a number animal rights individuals and organizations that were contacted and they gave input and comments most of which are incorporated in the ordinance. This was not drafted to target a population of dogs or breeders or owners, it was simply done for the protection of the residents and animals as well as to keep in mind the rights of animals. Mayor Flansbaum-Talabisco spoke about an article that appeared in the April 5`" Sun -Sentinel naming Gabby Goetgeluck as a Kid of Character and reminded everyone that Gabby City Commission Workshop Meeting April 6, 2009 Page 2 of 5 was the girl that attended the January 14, 2009 meeting and spoke about her and her dog being attacked by a dangerous dog. 2. Item No. 6 (b) on the Consent Agenda. DEVELOPMENT REVIEW FEE SCHEDULE: (TR11593) A Resolution of the City Commission of the City of Tamarac, Florida, amending the Community Development Department's Development Review Fee Schedule to reflect the "Administrative Minor Revised Site Plan" application involved in the processing of development actions within the City of Tamarac for a fee amount of $250.00; providing for conflicts; providing for severability; and providing for an effective date. Planning & Zoning Manager Frank Zickar appeared and gave a presentation. Vice Mayor Atkins -Grad and Commissioner Bushnell both said they are pleased that we are doing this in these tough economic times. Mayor Flansbaum- Talabisco asked if people who had already applied and are already in the process would see the reduction in fees as well. Planning & Zoning Manger Zickar said presently there is only 1 applicant and that check has been held pending the outcome of this item. 3. UPDATE -NEIGHBORHOOD MEETINGS: Housing Administrator Bauldree appeared and gave a presentation and said overall attendance at the Neighborhood meetings has been good and feedback has been positive. There was a discussion regarding alternate sites for future Neighborhood meetings, in all four districts, to accommodate other communities in Tamarac and garner even higher attendance. Commissioner Dressler suggested using the Recreation Center once it has been completed and Vice Mayor Atkins -Grad suggested using Challenger Elementary and Millennium Middle School. Mayor Flansbaum-Talabisco suggested that the new Dangerous Animal Ordinance be on the agenda of future meetings as this would be a good way to get this information out to the residents. Housing Administrator Bauldree said they have received three .applications for the Partnership Program for the upgrade and beautification of entrances. Commissioner Dressler added that Woodmont has had issues with the upkeep of the entrances to their community for the last two years. All were in agreement that this was a wonderful program and that it will be continued in the future. 4. STATUS- NEIGHBORHOOD STABILIZATION PROGRAM: Housing Administrator Bauldree said 153 applications were received for the Neighborhood Stabilization Program and the first Homebuyer Workshop was held in March with 75 applicants in attendance. Housing Administrator Bauldree gave an overview of items discussed in the eight -hour workshop, the qualifying and approval processes and subsequent process that qualified applicants are required to follow when purchasing a foreclosed home in Tamarac. The second Homebuyer Workshop will be scheduled in late summer or early fall of 2009. Housing Administrator Bauldree advised that the first 20 approval letters would go out today. Mayor Flansbaum-Talabisco confirmed that the total amount of funds received was $4.7 million. Commissioner Bushnell expressed concern about the remaining applicants being left in "limbo" and asked if they were advised how the program worked. Housing Administrator Bauldree said everyone was informed of the process and added that quite a few applicants had also applied to other City Commission Workshop Meeting April 6, 2009 Page 3 of 5 cities. Vice Mayor Atkins -Grad spoke of an award that she and Mayor Flansbaum- Talabisco received at a recent realtor's function and how impressed the realtors were with Tamarac's Neighborhood Stabilization Program. Commissioner Dressler was concerned there may not have been enough qualified applicants after all 153 applicants had been processed and Housing Administrator Bauldree responded that we can always hold another open enrollment if needed. Commissioner Glasser asked if there was a time frame in which the funds had to be spent. Housing Administrator Bauldree said the program was approved by HUD on March 20, 2009 and the monies had to be encumbered within 18 months and four years to issue all the money. 5. PRESENTATION REGARDING CHARTER REVIEW COMMITTEE: Assistant City Attorney Klahr and Assistant City Clerk Teufel appeared. Assistant City Clerk Teufel gave a presentation. Mayor Flansbaum-Talabisco asked how many meetings there would be and at what time. Assistant City Clerk Teufel explained that the City Clerk is the liaison to the Charter Board and as such will schedule the first meeting at which time a chair and vice chair will be selected and a schedule of meetings will be set. Commissioner Glasser advised that she had served twice on the Charter Board and she remembers at some point additional meetings were required and the City Clerk would arrange for any additional meetings, the number of meetings really depended on the wishes of the board and the need for additional meetings. Mayor Flansbaum-Talabisco asked if the City Clerk attended all meetings. Assistant City Clerk Teufel said yes the City Clerk as well as the City Attorney would attend all meetings, the meetings would be recorded and minutes taken. Mayor Flansbaum-Talabisco asked who would set the agenda and City Manager Miller replied that at some point the Charter Board would ask the City Manager for a list of issues that the staff has with the Charter and things that need to be updated, changed or revised. Any concerns that staff has with the Charter would also be forwarded to the Mayor and Commission. Mayor Flansbaum-Talabisco asked if any other staff members would attend the meetings and City Manager Miller said that in the past they have found that if the board wants to discuss some issues that would involve input from different departments, the department director and possibly other department staff members would attend. Vice Mayor Atkins -Grad asked for clarification on the number of meetings and City Manager replied that they usually meet once a month, unless it is determined by the board to hold additional meetings. Mayor Flansbaum-Talabisco asked when the City Clerk needed the appointments for the Charter Board. Assistant City Clerk Teufel said we need the appointments as soon as possible as the Board must be selected before the end of April and an expression of interest was needed to place the resolution appointing the Charter Board members on the April 22, 2009 Consent Agenda. Commissioner Glasser pointed out the importance of selecting an individual that will be dedicated to serving on the Charter Board who will be willing to attend all meetings. Commissioner Bushnell asked if staff would contact people for the board and Assistant City Clerk Teufel responded no, the commission members would contact potential members. Vice Mayor Atkins -Grad left the room at 10:31 am and returned at 10:35 am. City Commission Workshop Meeting April 6, 2009 Page 4 of 5 Mayor Flansbaum-Talabisco asked the Mayor and City Commission for an expression of interest to bring forth a resolution at the April 22, 2009 Commission Meeting appointing members to the Charter Board. All were in favor. City Manager Miller added that if the Commission is looking for people to serve they might want to look at the graduates from Tamarac University, staff will provide a list of TU graduates and help determine if a potential member is in a particular district. 6. LEGISLATIVE UPDATE: Assistant City Attorney Klahr said the Growth Management Bill is moving forward; the Surtax bill for Regional Fire Rescue and the 5% Reduction Bill were not moving and are stuck in Committee; the Bill for Transparency and web site access to public records is moving forward; there is not a lot of movement on the Shade Session Bill regarding changes to the Sunshine Law; legal advertisements/public notices on websites is moving forward; and the Taber Bill is dead. Assistant City Attorney Klahr said if there was any legislation that the Mayor and Commission would like an update on that was not covered today, to let her know and she would have the information for the Commission Meeting tomorrow evening. Mayor Flansbaum-Talabisco spoke of the cost and difficulty in travelling to Tallahassee and does not foresee going to Tallahassee anytime soon. Mayor Flansbaum-Talabisco commented that City Manager Miller, City Attorney Goren, Ron Book, Russ Klenet and Rhonda Calhoun keep us well informed as to what is transpiring in Tallahassee. City Manager Miller advised he also did not see travelling to Tallahassee unless it was absolutely necessary. City Manager Miller advised that he recently learned that the Broward League of Cities has been sending people, such as Mayer Mosley and Don Rosen of Sunrise, to Tallahassee every week. Mayor Flansbaum-Talabisco said the Broward League of Cities has a program where individuals pay for their airfare to Tallahassee and the League picks up all other expenses. Commissioner Dressler commented that he has never felt the need to travel to Tallahassee and would do so only in the case of a "Taber' like issue. Commissioner Dressler said he and was aware of the Broward League of Cities sending people to Tallahassee on a weekly basis and said he felt that if someone from the City of Tamarac had to go to Tallahassee, the best person would be Commissioner Glasser who has the experience, history, skill and contacts. Commissioner Glasser said should the need arise; she would be glad to go to Tallahassee. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 10:45 a.m. Assistant City City Commission Workshop Meeting April 6, 2009 Page 5 of 5