HomeMy WebLinkAbout2004-05-10 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, MAY 10, 2004
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City
Commission to order on Monday, May 10, 2004, at 9:30 a.m. in Room 105 of Tamarac
City Hall, 7525 NW 88th Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward
C. Partner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L.
Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Deputy
City Manager Michael C. Cernech, and City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER:
1. MAY 12, 2004 AGENDA ITEMS:
a. Item No. 6(h).TASK AUTHORIZATION — NW 70TH AVENUE ROADWAY
CALMING IMPROVEMENT PROJECT DESIGN: (TR10428) Executing Task
Authorization No. 04-16E with Craven Thompson and Associates, Inc. to provide
engineering services for the design of the NW 70th Avenue Roadway Calming
Improvement Project, in accordance with the City's Consulting Engineering Agreement
as authorized by Resolution #R-2001-185; authorizing an expenditure for said purpose
in an amount not to exceed $44,600.00; authorizing the appropriate City Officials to
administer the contract. Public Works Director Strain gave a presentation and said a
consultant has been authorized for the design of 70th Avenue. Commissioner Roberts
asked about commencement and anticipated completion of the project, and Public
Works Director Strain responded from the day of authorization it would take about 120
days. Vice Mayor Sultanof asked if any part of this is connector road and if funding is
available. Assistant City Manager Phillips said she would look into available funds.
Commissioner Portner questioned the cost and the length of the strip and Public Works
Director Strain said approximately $270,000 is budgeted but it could come to less; the
project encompasses approximately three miles. Commissioner Portner asked if there
had been any feedback from other communities in Tamarac. Public Works Director
Strain said there have been a few inquiries but there is a policy in place and the various
communities have been informed of the procedures to be followed. Mayor Schreiber
asked about the basic design and Public Works Director Strain said the road would be
narrowed from four to two lanes which will slow traffic. The south section will have
sidewalks installed and the north section will have sectional islands. Vice Mayor
Sultanof asked if the community has been included in discussions and if there are any
objections to the sidewalks or reduction in lanes. Public Works Director Strain said
there were previous public meetings regarding these issues and this is what the
residents requested. Commissioner Roberts said she lives and travels in that area and
85% of the people who use that road speed. Traffic needs to be slowed down, since it
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is no longer a senior community; the seniors have been asking for sidewalks for many
years.
b. Item No. 6(b). VARIANCE FEE REFUND: (TR10443) Approving a variance fee
refund in the amount of $1,000.00 to Denise Raymond of 4927 NW 55th Court located in
the Mainlands of Tamarac Lakes in the City of Tamarac, Florida (Case No. 2-B-04).
Community Development Director King gave a presentation and explained the applicant
came before the Mayor and Commission in September 2003 and spoke about the
variance fee. In accordance with a request from the Mayor and City Commission the
code was amended decreasing the fee for a variance from $2,000 to $1,000.
Subsequently, in March 2004 the applicant was granted a variance for $1,000. Mayor
Schreiber asked for staff's recommendation and Community Development Director King
said staff did not recommend refunding the money. Mayor Schreiber asked if the
applicant had financial difficulties and Community Development Director King said the
only information is the letter addressed to Mayor Schreiber which is part of the backup.
Mayor Schreiber said he felt the applicant's recourse was against the contractor, not the
City, and said absent the applicant's ability to furnish the commission with her financial
dependency, he is not in favor of a refund. Commissioner Portner said he knows the
applicant; she is not in the best of health and he recommended a reduced refund of
$750.00. Commissioner Roberts recommended no more than $500.00. Vice Mayor
Sultanof spoke of a resident in the Isles of Tamarac who hired an unlicensed, uninsured
contractor and at the conclusion of the construction had much damage to his back
porch. In that instance, the Building Department followed up and the contractor made
amends. Vice Mayor Sultanof suggested residents come to the local government to
check on contractors and the proper procedures necessary prior to embarking on
renovations. Vice Mayor Sultanof agreed with a refund of no more than $500.00.
Commissioner Flansbaum-Talabisco asked for a legal basis for the refund. Deputy City
Manager Cernech explained the process the applicant followed. An appeal was made
to the Community Development Department where the applicant asked for the $1,000
refund, and she referenced the fact that she had fallen on hard times. The Tamarac
Code provides for the City Manager to refund up to $1,000 in the event the fees are
erroneously collected; however the matter was reviewed and it was decided, through
Community Development, that the fees were not collected erroneously. The applicant
was so informed. The applicant then applied to the City Manager and the City Manager
determined no refund was appropriate under the Code. The applicant has the ability to
appeal to the Mayor and City Commission if the fees were collected erroneously; but
they were not collected erroneously. The City Manager may refund up to $500.00 if a
hardship is established and the applicant goes through Social Services for their
recommendation. That option was given to the applicant, but she refused. Unless the
code is amended, there is no provision for the refund before the City Commission. City
Attorney Kraft added that Section 6-36 of the Tamarac Code addresses refunds and
spoke of the various criteria to be met, none of which has been met in this matter.
Mayor Schreiber said based on what has been said, he believes the refund should not
be approved unless the applicant goes through Social Services to prove a hardship.
Commissioner Portner said it appears the City Commission is making more of this than
is necessary, and it is his opinion that the Commission can refund the money if they so
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choose. Commissioner Partner spoke of the monies budgeted for a consultant for traffic
calming and an instance in which the Code Board reduced fees assessed for code
violations. Commissioner Roberts questioned why the Code Board has the authority to
reduce fees when the Commission does not. Commissioner Roberts said the reason
the applicant needed the variance was due to the fact that the contractor made an error.
Vice Mayor Sultanof recommended someone on staff contact the applicant and advise
her to discuss the matter with Social Services so if she qualifies for a hardship the City
Manager can make the refund of $500.00, and then advise the Commission of the
outcome.
Mayor Schreiber asked for an expression of interest on Vice Mayor Sultanof's
recommendation, and Vice Mayor Sultanof and Commissioner Flansbaum-Talabisco
said yes, Commissioner Roberts said no, Commissioner Portner said no and Mayor
Schreiber said yes.
C. Item No. 10. APPROVING PROJECTS RECOMMENDED FOR INCLUSION IN
FIFTH PROGRAM YEAR ANNUAL ACTION PLAN — CDBG: (TR10391) Motion to
approve Resolution approving the projects recommended for inclusion in the Fiscal
Year 2004 Annual Action Plan for expenditure of the U.S. Housing and Urban
Development Community Development Block Grant funds estimated to be $509,000 for
the Fifth Program Year (Case No. 9-MI-04). Community Development Director King
gave a presentation. Mayor Schreiber questioned hiring a temporary/full-time Social
Worker at a higher salary than that of Ms. Cure, who would be supervising this person.
Parks and Recreation Director Margoles explained the Social Worker would be hired
through a temporary agency, and the $22.00 per hour in question is paid to the agency;
it is unknown what portion is paid to the Social Worker, Commissioner Flansbaum-
Talabisco asked why the City would hire a temporary employee for the position, and
Parks and Recreation Director Margoles responded there is no position at this time; it
will be put into next year's budget at which time CDBG monies will be used to pay that
person's salary.
d. Item No. 6(i). LOCAL AGENCY PROGRAM AGREEMENT — MPO
TRANSPORTATION IMPROVEMENT PROGRAM FOR MCNAB ROAD FROM
UNIVERSITY DRIVE TO THE EAST CITY LIMITS: (TR10417) Executing a Local
Agency Program Agreement with the State of Florida Department of Transportation for
participation in a Broward County Metropolitan Planning Organization Transportation
Improvement Program for McNab Road from University Drive to the east City limits to
include the installation of landscaping, irrigation and brick pavers within the medians.
Public Works Director Strain gave a presentation and said the grant was applied for
several years ago and the funds will be available this July. Commissioner Roberts
asked if pavers would be used and Public Works Director Strain explained the design,
which is being done in-house, is not complete yet. All present beautification projects
include pavers, so to be consistent, this project will most likely include pavers also.
Mayor Schreiber asked where on McNab the road ends and Public Works Director
Strain said at the City limits. Mayor Schreiber asked about trees in the medians and
Public Works Director Strain said trees would be located with safe site distance in mind.
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Commissioner Roberts questioned removal of trees in the medians and Public Works
Director Strain said that has not been designed yet; however, if a tree trunk exceeds a
certain diameter it may have to be removed for safety reasons.
e. Item No. 6(j). LOCAL AGENCY PROGRAM AGREEMENT — MPO
TRANSPORTATION IMPROVEMENT PROGRAM FOR NOB HILL ROAD FROM
COMMERCIAL BOULEVARD TO WESTWOOD DRIVE: (TR10418) Executing a Local
Agency Program Agreement with the State of Florida Department of Transportation for
participation in a Broward County Metropolitan Planning Organization Transportation
Improvement Program for Nob Hill Road from Commercial Boulevard to Westwood
Drive to include the design and installation of landscaping, irrigation, curbing and brick
pavers within the medians. Public Works Director Strain explained the grant was
applied for at the same time as the grant for Temporary Resolution 10417. City
Manager Miller said Vice Mayor Sultanof's assistance in getting the grants through the
MPO is greatly appreciated.
f. Item 6(e). CHANGE ORDER — SPECIFIED ARCHITECTURAL SYSTEMS INC.
— TRANSLUCENT PANEL ROOF SYSTEM AT CITY HALL: (TR10445) Executing
Change Order Number 1 to the agreement with Specified Architectural Systems, Inc., a
sole source distributor, for the addition of work associated with the replacement of the
translucent panel roof system at City Hall to include replacement of flashing/coping,
repair of two (2) glass windows, and associated duct work; authorizing an expenditure
for said purpose not to exceed $23,778.00. Public Works Director Strain said
unforeseen conditions made this change order a necessity. Vice Mayor Sultanof said
he is glad the problem was found at this juncture.
g. Item No. (7). AMENDING CHAPTER 5 OF THE TAMARAC CODE — ADDING
ARTICLE XI ENTITLED "PUBLIC ART PROGRAM": (T02046) Motion to adopt
Ordinance on first reading adding Article XI, entitled "Public Art Program" to Chapter 5
of the Tamarac City Code, entitled "Buildings and Building Regulations", providing for
the establishment of a Public Art Program, Definitions, establishment of a Public Art Fee
and Public Ark Fund, projects subject to public art program requirements, establishment
of a Public Art Committee, criteria for selection of artist and art, City ownership of art
work, public art program guidelines; providing for codification. Parks and Recreation
Director Kathleen Margoles gave a presentation and spoke of the 1 % fee and the
membership on the public art committee. Mayor Schreiber asked if a special resolution
or ordinance would be needed to create the committee and City Attorney Kraft said that
is included in this ordinance. Vice Mayor Sultanof spoke of the National Endowment for
the Arts (NEA) and possible funding for public art, to which Parks and Recreation
Director Margoles responded the NEA provides grant funding to artists, but she would
look into any source of funding in addition to the proposed fees. Commissioner Roberts
questioned Sections 5-303(A) and 5-304(A) of the proposed ordinance and Parks and
Recreation Director Margoles said the ordinance specifies what public art fees would
provide for. Commissioner Portner asked if this could be made retroactive and City
Attorney Kraft said it could not. Commissioner Portner questioned the staggered terms
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and the term lengths. Parks and Recreation Director Margoles explained staggered
terms are for continuity of the information and history of the committee.
h. Item No. 6(f). AGREEMENT — NATIONAL AUCTION COMPANY, INC.:
(TR10419) Declaring certain equipment and material as surplus and directing that
certain computer equipment be disposed via sale through established internet markets,
providing that a public auction be held offering the public the opportunity to inspect all
other items available for disposal prior to the auction; authorizing the appropriate City
Officials to enter into an agreement with National Auction Co., Inc. to conduct the public
auction, and for disposing of any unsold items having no cash value, utilizing Broward
County Bid #J-1 03 007 131 for auctioneering services, for a commission rate of 1.625%
of the auction proceeds, plus reimbursement of out of pocket expenses for advertising
and promotion in an amount not to exceed $3,200, all of which shall be deducted from
the gross sales auction proceeds; placing all proceeds into the appropriate fund from
which the assets were originally purchased. TABLED AT THE APRIL 28, 2004 CITY
COMMISSION MEETING TO MAY 12, 2004 AT OR AFTER 7:00 P.M.
Purchasing/Contracts Manager Glatz introduced IT Director Sucuoglu and said changes
have been made to the list of computers for auction. Additionally, there had been
interest from two local schools for the computers. Commissioner Flansbaum-Talabisco
said pursuant to the last workshop she contacted the three schools in Tamarac and the
two elementary schools said they would like the computers. Commissioner Roberts
said the schools use Apple's and questioned how the Dell computers would fit in with
their equipment. IT Director Sucuoglu said they are interested in the computers to use
the Microsoft office applications and for internet connection capabilities. In both these
cases it does not matter if they are Mac's or not. There are 50 computers in usable
condition, but it requires commission action to make the donation to the schools.
Commissioner Portner said while he does not object to giving computers to any schools,
he does not understand why, with the School Board's budget, they cannot provide the
elementary schools with the needed equipment. Commissioner Roberts said these
computers are above and beyond what the children use; these are more for staff. Vice
Mayor Sultanof questioned how the equipment would be written off and Finance
Director Newman said the City pays no taxes; the net revenue after expenses is not
subject to income tax. Under the new reporting requirements, equipment is amortized
as to useful life. Mayor Schreiber questioned the expense of a BSO Officer for the
auction and Purchasing/Contracts Manager Glatz said this is considered an overtime
expense; City Manager Miller said it falls outside the boundaries of the contract.
The Commissioners had no items to discuss on the regular agenda. City Clerk
Swenson asked for clarification on Item 6(b), Temporary Resolution 10443, Refund of
Variance Fee. Mayor Schreiber said it would be pulled from the agenda until there was
evidence from Social Services regarding the applicant's hardship. City Attorney Kraft
added that under the Code the City Manager could refund up to $500.00 if the applicant
qualifies, and in that case, the matter will not have to come back before the
Commission.
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2. DISCUSSION RE: AMENDING THE CODE TO PROVIDE FOR ADULT
ARCADES IN TAMARAC: Community Development Director King gave a presentation
and said he had been contacted by a resident who wanted to locate an adult arcade in
the City; the resident's two choices for the arcade were Tamarac Town Square and
Tamarac Marketplace, but based on the Tamarac Code, these locations can not
accommodate adult arcades. Chapter 12 of the Tamarac Code contains specific criteria
restricting adult arcades from specific locations. The two locations where this type of
business would be allowed are Tamarac Commerce Park and the East/West Plaza next
to the Bunning Florist on Commercial Boulevard. The resident did not like the two
appropriate locations and asked what could be done to accommodate him. Community
Development Director King said at the Commission's direction, the code could be
amended to revise the restrictions. There are distance requirements from residential
areas that can not be met in both Tamarac Town Square and Tamarac Marketplace.
Additionally, there are day care centers in both locations. Mayor Schreiber said he had
been contacted by the resident regarding the arcade; it is for adults age 21+ and there
will be games but no gambling; the participants win prizes. Currently there are two such
businesses operating on Powerline Road and many people from Tamarac frequent the
establishments (Tropical Acres and Treasure Island). Mayor Schreiber said he believes
initially when the codes were created in the 1970's the City fathers wanted no arcades
where children would come to play because of the noise. Today there have been
changes in Tamarac, but anyone wanting to open that type of business can not do so
because of code restrictions. Many cities have these types of businesses. There is no
gambling and no indication of police problems. Mayor Schreiber suggested revising the
code so the business can function. Vice Mayor Sultanof said one to two years ago the
same applicant wanted to place this business in the Big Lots Center. In Pompano no
cash is given for prizes, but certificates are given. If a certificate winner goes to Publix
with a $50.00 certificate and purchases $10.00 worth of groceries, the balance of the
certificate is returned in cash. There is a moratorium on these types of places in
Pompano, and there must be a reason for it. Vice Mayor Sultanof said he is not against
gambling but he would like more information. Additionally, there are restaurants in the
venues the resident has chosen, and the arcade will also provide food. Vice Mayor
Sultanof spoke of the Day Care centers and Church Library, as well as the fact that the
residents of the Isles of Tamarac were at one time against the movie house, and this
will cause more problems. Vice Mayor Sultanof added that this will not be just for
seniors, and there will be a gathering of younger people which may result in drinking in
the parking lots. There are control issues and Vice Mayor Sultanof said he needs more
information. Commissioner Portner said he has no objection to gambling but asked why
the business was restricted from the Big Lots Center. Community Development
Director King said it was for distance requirements. Commissioner Portner questioned
the revenue to Tamarac and the number of machines proposed, and Deputy City
Manager Cernech said there would be the occupational license revenue of $115.00 per
year as well as the $161.50 per machine, annually. Community Development Director
King said there would be somewhere between 20-100 machines. Commissioner
Flansbaum-Talabisco asked what the resident's objections were to the locations in
which this type of business would be allowed, and Community Development Director
King said the resident wants the business close to his home so he can monitor
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activities. Commissioner Roberts asked what the resident's objection is to go into the
industrial park, which is down the road from the Marketplace. Community Development
Director King said nothing is available at that location at this time.
Mayor Schreiber asked for an expression of interest and Commissioners Roberts,
Portner and Sultanof said no to amending the code.
3. DISCUSSION RE: PROPER FLAG DISPOSAL AND THE CITY'S FLAG
EDUCATION PROGRAM: Commissioner Portner said it is his understanding that Chief
Budzinski was making arrangements for disposal of flags. Chief Budzinski said
traditionally flags are collected throughout the year and properly disposed of on Flag
Day; it is a very low key ceremony. Commissioner Portner said he would like this done
on Memorial Day at Veterans' Park. Public Information Officer Crockett said she
researched the topic and Flag Day is traditional for these ceremonies; they are kept low
key due to the need to show respect for the way the flag is cared for and disposed of
and to avoid public display of burning the flag. Drawing the public to this event is not
the prime objective; proper disposal is the goal. Commissioner Partner said in these
times many Americans are aware of what the flag means to the Country, and he would
rather see the event publicized and held on Memorial Day at Veterans' Park. Chief
Budzinski reiterated the ceremony and process of burning flags can be perceived by
many as disrespectful and it is usually done without a large public presence. The
Veterans' Associations are invited to participate. Public Information Officer Crockett
said it was hoped that flags would be collected on Memorial Day and a brochure on flag
care is being readied for distribution. People are urged to bring their flags to the Fire
Station between Memorial Day and Flag Day for proper disposal. The ceremony will be
publicized in the Tam -A -Gram. Many residents are aware of proper disposal of the flag
already. Mayor Schreiber said he does not believe it is appropriate to dispose of flags
on Memorial Day as it is a sad day honoring veterans, both alive and dead, for all wars.
Mayor Schreiber suggested speaking with the Veterans to get their thoughts. The
material is already out. Vice Mayor Sultanof said as liaison for the Veterans, they are in
agreement that Flag Day is the appropriate time to properly dispose of flags. Vice
Mayor Sultanof said he would like to canvass the Veterans' organizations, as the flag
disposal ceremony is done this way throughout the country. Vice Mayor Sultanof said
he understands Commissioner Portner's feelings, but he would like more input from the
Veterans' Committee.
Mayor Schreiber asked for an expression of interest to dispose of flags on Memorial
Day. Mayor Schreiber, Commissioner Flansbaum-Talabisco and Commissioner
Roberts said they prefer Flag Day.
4. DISCUSSION RE: PLAQUES AT VETERAN'S PARK: Commissioner Portner
said there are no plaques at Veterans' Park commemorating any wars or major
conflicts. Commissioner Roberts said she understands Commissioner Portner's desire,
however she feels there will be a problem if one conflict is omitted from the plaque. It is
better to treat all veterans equally. Vice Mayor Sultanof agreed and said major
engagements not police actions should be listed. The Veterans' Committee has been in
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favor of this for a long time. There was discussion regarding reservists and their part in
the war in Iraq. Commissioner Flansbaum-Talabisco said there is no way that someone
will not be offended and suggested as a compromise, to list all branches of the armed
services. Mayor Schreiber said the Veterans could suggest a list of major conflicts to be
honored with plaques. Commissioner Portner referenced an article in the April 29, 2004
Washington Post, which discussed the WWII memorial in Washington, the number of
years it took to get the memorial, and the numbers of men and women who gave their
lives for this country. Commissioner Flansbaum-Talabisco said having Veterans' Park
makes a statement in and of itself.
Mayor Schreiber asked for an expression of interest for plaques for major conflicts.
Commissioner Roberts, Commissioner Flansbaum-Talabisco, and Mayor Schreiber said
no. Commissioner Portner and Vice Mayor Sultanof said yes.
Mayor Schreiber asked for an expression of interest to go to the Veterans' Committee
for their recommendation of conflicts and wars to include in a plaque at Veterans' Park.
Commissioner Roberts said no. Commissioner Portner, Vice Mayor Sultanof,
Commissioner Flansbaum-Talabisco and Mayor Schreiber said yes.
5. DISCUSSION RE: DEFIBRILLATORS IN MUNICIPAL PUBLIC BUILDINGS
AND PARKS: Commissioner Flansbaum-Talabisco said she asked staff to investigate
placing defibrillators in parks and public buildings. Chief Budzinski gave a background
of defibrillators and said today they are foolproof and simple to use. Additionally,
legislation is expanded under the Good Samaritan Law to specify and protect users.
Tamarac became a Heart Center under the American Heart Association and we
amended our Code to encourage use throughout the City, as well as established a City
policy. If a shock is administered within the first few minutes of an episode chances of
survival skyrocket; for each minute of delay there is a 10% loss of survivability. Mayor
Schreiber asked how we could be assured that if AED's are placed in various facilities
someone would always be there during hours of operation to administer them. Chief
Budzinski said the Fire Department can provide training to a number of employees
throughout the buildings where AED's are installed. Mayor Schreiber questioned
placement in parks and Chief Budzinski said in attended locations it would be the same
as placing them at City Hall. Commissioner Portner said unless he can be assured that
in every place where an AED is housed everyone would be trained, he would not vote
for it. Vice Mayor Sultanof said he spoke with Dr. Rosenberg in Miami regarding AED's
and many are placed in Kings Point and there are trained personnel. If a person is,able
to attach the defibrillator then it can do no harm to the patient. Vice Mayor Sultanof
spoke about the charge for training and Chief Budzinski said there is a charge for
training and supplies, but not for employees. Chief Budzinski spoke about places that
AED's are installed, (e.g., airports,) where there is public access to defibrillators. Chief
Budzinski said for the City he recommends trained staff. Mayor Schreiber said he
believes the commission is in agreement; the question is where to place them and how
to operate them. Also, funding needs to be addressed. Commissioner Flansbaum-
Talabisco said City Hall is a good place to start, as well as the water plant and public
works building. Commissioner Flansbaum-Talabisco said defibrillators are designed
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1
today so someone with no training can use them; instructions are attached and they
give accurate prompts. Vice Mayor Sultanof recommended contacting Dr. Rosenberg
to see if there is a defibrillator fund available; additionally we can look into bulk
purchases, piggybacking and contributions from local hospitals. City Manager Miller
said he would return to the next workshop meeting with a proposed program or
recommendation. Commissioner Partner again requested that everyone in a location
housing an AED be trained. Chief Budzinski said he can not assure that will happen;
training will be offered to anyone who would like to be trained. Commissioner Portner
questioned the 24 hour shift at the water treatment plant and Chief Budzinski said if one
person is on a shift they will not be able to administer to themselves. Parks and
Recreation Director Margoles said there has been an AED at the Tamarac Community
Center for several years and a percentage of the staff is trained so there is always
someone in the facility trained.
Vice Mayor Sultanof thanked the City Manager, staff and fellow commissioners for their
concern during his illness. He was kept informed and updated on issues in Tamarac.
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the meeting at 11:50 a.m.
Marion Swenson, CMC
City Clerk
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