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HomeMy WebLinkAbout2009-04-20 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY APRIL 20, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the workshop meeting to order at 9:30 a.m. on Monday, April 20, 2009, in Room 105, 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, Deputy City Manager/Interim Financial Services Director Michael C. Cernech, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. 1. Item No. 8 on the Regular Agenda. JUSTICE ASSISTANCE GRANT: (TR11601) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City officials to file an application through the Broward Sherrifl's Office accepting 2009 grant funding in the amount of $83,986 from the U.S. Department of Justice through the Justice Assistance Grant (JAG) Program with no match required by the City to enhance crime prevention and law enforcement programs; providing for conflicts; providing for severability; and providing for an effective date. Lt. Wood, Executive Officer, BSO, Assistant City Manager Phillips and Management Analyst II Hughes appeared. Assistant City Manager Phillips spoke of grants and stimulus money, Management Analyst Hughes spoke of deadlines and the fact that we have three years to spend the funds, and Lt. Wood, Executive Officer, BSO spoke of the four projects with regard to BSO. Assistant City Manager Phillips added there will be a public hearing on this item at Wednesday's meeting. Commissioner Dressler asked if categories are stipulated or chosen from a list and Assistant City Manager Phillips said there are broad categories and our projects fit within certain parameters. Commissioner Glasser questioned additional personnel for high crime areas, as well as the use of the funding for special duty police. Lt. Wood, Executive Officer, BSO said the advantage of contracting with BSO is the ability to draw on resources from across the county. Vice Mayor Atkins -Grad spoke of surveillance security for the skate board park and the fact that Tamarac has less graffiti than other cities. Commissioner Bushnell questioned whether the application could be disapproved and use of some of the funding for the COPS program. Assistant City Manager Phillips explained BSO's grant writer is working on the application for the entire county; and we are confident our uses will be acceptable. The COPS program falls under another venue. Mayor Flansbaum- Talabisco asked when the skate park will open and Assistant City Manager Phillips said the CIP committee will meet to time out the project; we have three City Commission Workshop Meeting Monday, April 20, 2009 Page 1 of 5 years to obligate the funds in this grant and if we determine the skate park falls outside that window we can obligate these funds to other uses. Mayor Flansbaum-Talabisco said if the funds are not used for the skate park she would like to see them obligated to special detail for BSO. 2. Item No. 7 on the Regular Agenda: 2nd AMENDMENT CDBG FY 2008-2009 ACTION PLAN: (TR11954) A Resolution of the City Commission of the City of Tamarac, Florida approving an amendment to the projects recommended for inclusion in the fiscal year 2008 Annual Action Plan for expenditure of the U.S Department of Housing and Urban Development Community Development Block Grant funds estimated to be $418,811 for the ninth program year (Case No 08- MI-09)' providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Bramley and Housing Administrator Bauldree appeared. Community Development Director Bramley gave a presentation and said the strategy on the original action plan was for Fitness in the Park; however the program has not begun yet and there has been an increased demand for social services. This amendment allots the $3,020 from the Fitness in the Park program to Social Services Counseling. 3, Item No.9 on the Regular Agenda. SPECIAL EXCEPTIONS/PERMITTED USES ORDINANCE: (T02174) Motion to adopt ordinance on first reading amending Chapter 24, Section 24-1 "Definitions", Article IV, "Exceptions And Modifications" and Section 24-434 "Permitted Uses Master List" for Churches and Places of Worship providing for consistency with the Florida Statutes; providing for codification; providing for conflicts; providing for severability; and proving for an effective date. Community Development Director Bramley gave a presentation. Vice Mayor Atkins -Grad spoke of sidewalk sales and special exceptions for restaurants having outside seating. Commissioner Bushnell questioned the difference between B-1 and B-2 zoning and Community Development Director Bramley explained. Mayor Flansbaum-Talabisco asked Community Development Director Bramley to define the various business district zonings and Community Development Director Bramley read from the Code of Ordinances. City Manager Miller explained B-1 zoning districts are located within close proximity to neighborhoods, and there is sensitivity associated with the types of businesses in this zoning district. Commissioner Glasser expressed concern regarding the number of religious organizations that might be allowed in any one shopping center/mall, as we are losing businesses in Tamarac and she feels we should encourage landlords to rent their facilities to businesses other than religious organizations. Businesses feed off one another and look at the prospective location to see what other businesses are there and the activity generated during the week. City Manager Miller discussed the advantages of the ordinance proposed and the fact that the final decisions rest with the Mayor and City Commission as far as allowing more than one religious organization in a shopping center; Mayor Flansbaum-Talabisco agreed. Commissioner Dressler said he does not agree with, but understands, Commissioner Glasser's concern, and questioned whether religious organizations coming into shopping centers are City Commission Workshop Meeting Monday, April 20, 2009 Page 2 of 5 exempt from property tax. City Manager Miller said he would have staff research the matter of business license fees and come back with an answer on Wednesday; however, he believed the onus was on the landlord to pay the property taxes. Assistant City Attorney Klahr confirmed City Manager Miller's statement and added it is the landlord's responsibility to pay property taxes, with the exemption of the square footage allotted to the religious organization. Mayor Flansbaum-Talabisco spoke about code issues on various properties and asked Community Development Director Bramley to draft a glossary of terms common to this type of matter. 4. Item No. 6 (c) on the Consent Agenda. UTILITY ID THEFT PREVENTION PROGRAM: (TR11596) A Resolution of the City Commission of the City of Tamarac Florida, adopting the Identity Theft Prevention Program for the City of Tamarac Water and Sewer Utility; providing for conflicts; providing for severability; and providing for an effective date. Parks and Recreation Director Warner and Community Services Manager Maldonado appeared. Director of Parks and Recreation Warner gave a presentation and said this program satisfies the ID Theft Red Flag Rule established by the FTC. Community Services Manager Maldonado spoke on the specifics of the program and the procedures and training we will use to comply with the Rule. Commissioner Dressler questioned whether data on laptops are encrypted and whether e-mail messages are encrypted. I.T. Director Sucuoglu explained data is not; however, we do not store information on the laptops, and the a -mails are not encrypted but are processed through secure transaction methods. 5. Item No. 6(b) on the Consent Agenda. WAIVER OF BUILDING DEPARTMENT'S PERMIT FEES FOR INSTALLATION OF WATER CONSERVATION DEVICES: (TR11591) A Resolution of the City Commission of the City Of Tamarac, Florida authorizing a waiver of Building Department's Permit Fees for the installation of water conservation retrofit devices, fixtures, and appurtenances as a part of any South Florida Water Management District's Water Savings Incentive Program; providing for conflicts; providing for severability; and providing for an effective date. Chief Building Official/Director Grande and Utilities Director Gagnon appeared. Director of Utilities Gagnon gave a presentation and said the program has been expanded since 2003. Commissioner Dressler said he is in agreement with waiving the permit fees. Commissioners Glasser and Bushnell questioned provisions to make sure licensed contractors install low flow toilets where requested and Building Director Grande said there are still required inspections. Mayor Flansbaum-Talabisco asked how residents will be made aware of this and Director of Utilities Gagnon said they will be informed at the time of application, but we can also add this information to our advertisements. 6. DISCUSSION REGARDING APPOINTING A DIRECTOR, ALTERNATE AND SECOND ALTERNATE TO ATTEND AND VOTE AT ANY BOARD OF DIRECTORS OR GENERAL MEMBERSHIP MEETING OF THE BROWARD City Commission Workshop Meeting Monday, April 20, 2009 Page 3 of 5 LEAGUE OF CITIES: City Clerk Swenson gave a presentation. After discussion, there was an expression of interest by the Mayor and City Commission to appoint Mayor Flansbaum-Talabisco as Director, Commissioner Glasser as Alternate and Commissioner Bushnell as 2"d Alternate. All were in agreement. Assistant City Attorney Klahr said TR 11608, approving and accepting the Second Amendment to the Interlocal Agreement Between Broward County and the City of Tamarac for Service Area 33 — citywide single -unit and multi -unit housing rehabilitation and temporary relocation in the amount of $723,804.00 as part of the 2005 Community Development Block Grant Disaster Recovery Initiative from the Florida Department of Community Affairs, attached hereto as Exhibit "A"; authorizing the appropriate city officials to take any and all steps necessary to execute the second amendment and effectuate the present and future intent of this resolution, will be added to Wednesday's agenda. The deadline has been extended to November giving us additional time to expend the funds. Assistant City Attorney Klahr said with regard to the NSP program, a number of employees have applied for and have been processed for assistance. In order to prevent a conflict of interest and to provide full disclosure, Assistant City Attorney Klahr read the following names of employees who have applied and been approved for this assistance into the record: Michael Cain, Laszlo Szucs, Moses Pineda, Alecia Sinclair, Teresa Backer, and Robert Colangelo. Assistant City Attorney Klahr reported the Florida League of Cities has advised us that no cities in Broward County were in opposition to the Growth Management legislation. However, that is incorrect, as Tamarac and a few other cities in Broward County have adopted legislation opposing the Growth Management legislation which is currently before the State legislators. Assistant City Attorney Klahr asked the Mayor and City Commission what action they would like to take to rectify this matter. Mayor Flansbaum-Talabisco questioned the easiest and most direct way to handle this and Assistant City Attorney Klahr responded both directly and through the FLC. All were in agreement to send notice directly to the legislature and also through the FLC. Assistant City Attorney Klahr informed the Mayor and City Commission that on Wednesday, City Attorney Goren will provide a legislative update with regard to legislation in connection with homesteaded properties and declining values. Mayor Flansbaum-Talabisco spoke of an article in the New York Times regarding the Florida Legislature and a new voting bill. Commissioner Dressler said he received an e-mail regarding language missing from the canine legislation; Assistant City Attorney Klahr said she is aware of the e-mail and explained the woman who spoke in favor of the ordinance at the last City Commission Workshop Meeting Monday, April 20, 2009 Page 4 of 5 7- Commission meeting expected a change in the ordinance; however there is no need to add language regarding a time frame within which to bring these matters before the Special Magistrate, as it is covered in other areas of the Code, and Broward County also has their own quick methods of enforcement. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 10:55 a.m. Marion Swenson, CMS City Clerk City Commission Workshop Meeting Monday, April 20, 2009 Page 5 of 5 1 1 Im