HomeMy WebLinkAbout2010-03-10 - City Commission Regular Meeting Minutes (2)CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY MARCH 10, 2010
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order on Wednesday, March 10, 2010, at 7:00 p.m. in Chambers, at Tamarac City Hall, 7525
NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela
Bushnell, Commissioner Patricia Atkins -Grad, and Commissioner Diane Glasser.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City
Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Vice Mayor Dressler led the pledge of allegiance. Mayor
Talabisco called for a moment of silence for the world, in general.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Vicki Reid, Executive Director of the Chamber of Commerce introduced Mayor
Talabisco. Mayor Talabisco delivered the State of the City Address (a copy of which is
attached hereto and incorporated herein as part of these minutes.)
b. Presentation of a proclamation by Mayor Talabisco proclaiming March 15 - 21, 2010
as "Fix A Leak Week". (Requested by Laboratory Manager Fran Oney)
c. Presentation of a proclamation by Mayor Talabisco proclaiming February 27, 2010
as "Golden Knights Day". (Requested by Mayor Beth Talabisco)
REPORTS
2. City Commission:
a. Commissioner Bushnell expressed pride in her colleagues and said Mayor Talabisco is
intuitive of people and things that need to be done.
b. Commissioner Atkins Grad spoke of two events she attended in celebration of Black History
month: the yearly celebration held at the Tamarac Community Center and the special
reception at Citibank, honoring local artist George Gadsden. Commissioner Atkins -Grad
reported on the opening of baseball season in Tamarac last Saturday, at which Vice -Mayor
Dressler threw out the first ball. Sunday morning she attended a baseball game where
children with disabilities played, and it was very heartwarming to watch them. Many in the
stands commented positively with regard to the protective covers.
c. Commissioner Glasser said she is on the Broward League of Cities Scholarship Board and
she will attend a meeting on Thursday where they will have the first round of eliminations. The
essays she has gone through are representative of very intelligent and mature young people.
Commissioner Glasser said she will continue to follow the Transfer Station matter.
d. Vice Mayor Dressler thanked Mayor Talabisco for the State of the City message. The
Mayor and City Commission and staff went to the City of Sunrise as a group along with
residents; all were courteous and we prevailed in our mission. Each commissioner is very
different and this brings a huge richness to the Board when we interact with each other and set
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Amended March 29, 2010
policy for the benefit of the City and the Taxpayers. Tamarac will remain fiscally strong and
diverse and provide the best services possible to its residents.
e. Mayor Talabisco spoke about the Commission's trip to the City of Sunrise with regard to
their opposition to a Transfer Station being considered for the City of Sunrise. Mayor
Talabisco reported on her trip to Washington, D.C. with Assistant City Manager Phillips. The
mood on the Hill is not as positive as it has been in the past, but because we are persistent,
monies have been earmarked for various projects. Mayor Talabisco reported she will go to
Washington, DC to meet with Congressman Steve Cohen, Memphis, TN, to discuss additional
funding. Mayor Talabisco acknowledged three legislative aides who were present in the
audience: Floyd Bass (Commissioner Bushnell), Vice Mayor Sultanof (Vice -Mayor Dressler),
and Hubert Klombers (Mayor Talabisco).
3. City Attorney Goren spoke of TR11779 regarding the Mayor and City Commission's
opposition to the TABOR Bill, which will be added to this evening's consent agenda. City
Attorney Goren discussed Amendment 4 (Hometown Democracy), which is scheduled to be on
the November ballot, and said the title of the Bill is a misnomer because in actuality it takes
away Home Rule. City Attorney Goren spoke of a pending Bill written by Purchasing/Contracts
Manager Glatz, which changes the way local government does business via RFP's. HB745
and SB1142 are currently circulating in the legislature. City Attorney Goren said the
Annexation Bill for Prospect Bend is moving forward. Vice -Mayor Dressler added his thoughts
in opposition to TABOR, and said the public must be educated as to the impact this would
have on Cities and quality of service. Commissioner Bushnell said she was astonished by
reports coming out of Colorado with regard to TABOR and the problems caused by the Bill.
Mayor Talabisco asked the representatives of the various communities to seek out information,
which is available from the Mayor and City Commission, so they can educate their residents on
TABOR and Amendment 4. Commissioner Atkins -Grad said Amendment 4 will cripple this
City and offered to speak at any association meeting to explain the matter to the residents.
Mayor Talabisco spoke of the decrease in property values and how that affects the City of
Tamarac, and added the services we provide are affected by these downturns. We all need to
pay close attention to what is going on in Tallahassee.
4. City Manager Miller commended Mayor Talabisco on the State of the City speech and for
her exceptional leadership over the past year. BSO sponsored Operation Medicine Cabinet to
bring about awareness of how prescription drugs can fall into the hands of youngsters and on
February 20th people were able to bring expired prescription drugs for destruction in exchange
for a $5.00 Walgreens gift card. Fire Station 15 will host Census Training for 25-35
Enumerators on April 12-16 and April 27-30. Tamarac is gearing up again for Hurricane
Season; NIMS Training with FEMA and Broward County has begun. Hurricane drills
throughout Florida will be held May 10-13. Parks and Recreation reports a new stop has been
added to our bus system — the VA Clinic in Sunrise. The concert previously scheduled for
February 12 in the Tamarac @ Twilight Series has been rescheduled to April 30. There will be
a concert this Friday at the Sports Complex at 7:00 p.m. The Wet & Wild children's egg hunt
for ages 2-5 will be held at the Aquatic Center on March 27; Spring Fest will be held at the
Sports Complex for children 10 and under on April 3. Mayor Talabisco added Commissioner
Bushnell represents Tamarac on the Census Committee in the County and if anyone has any
questions regarding the Census they should call Commissioner Bushnell. With regard to the
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Amended March 29, 2010
interoperability system, Mayor Talabisco said Tamarac received $300,000 from federal funds
to update the 14 year old system.
5. PUBLIC PARTICIPATION: John Lawson, Lawson Sanitation, 9120 NW 96 Street, Medley,
Florida, spoke about competition for commercial solid waste contracts and questioned the
'cone of silence'. City Attorney Goren explained the meaning of 'cone of silence' as part of the
RFP which limits conversations between any proposer and the Mayor and City Commission.
Any questions at this time must go through the Purchasing/Contracts Manager.
Luciano Esla, Esq., 1800 W 49 Street #316, Hialeah, FL spoke about competition for
commercial solid waste contracts and his interpretation of the 'cone of silence' and asked the
Mayor and City Commission to reconsider addendum 2 to the RFP.
Richard Gross, Esq., 6447 Miami Lakes Drive East, Suite 101, Miami Lakes, FL spoke of F.S.
Chapter 403, displacement of solid waste companies.
Former Mayor Joe Schreiber, 10504 E Clairmont Circle, Tamarac, spoke about reserves and
investments.
Rose Grove, 5907 NW 69 Avenue, Tamarac asked if the site that was slated for Waters Edge
Park will be cleaned up and spoke about a problem she was having with blocked emails.
City Manager Miller said the site is currently being used as a staging area for the sidewalk
project, and when that is completed the site will be cleaned up.
Commissioner Atkins -Grad seconded by Commissioner Glasser moved the addition of
TR11779 to the Consent Agenda as Item 60). City Attorney Goren read TR11779 by title. A
Resolution of the City Commission of the City of Tamarac, Florida; opposing any taxpayer bill
of rights (TABOR) proposal or any tax reform legislation by the State Legislature that would
impose artificial or one -size -fits -all caps on revenues or expenditures of local governments;
providing for conflicts; providing for severability; and providing for an effective date. On roll call
Commissioner Bushnell voted "yes", Vice -Mayor Dressler "yes", Commissioner Atkins -Grad
"yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried.
CONSENT AGENDA
6. Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved approval of all items
on the consent agenda. On roll call Vice -Mayor Dressler voted "yes", Commissioner Atkins -
Grad "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", and Mayor Talabisco
"yes". Motion carried.
a. Approval of the February 24, 2010 Commission Meeting Minutes
APPROVED
b. TR11771-FY 07/08 HOME PROGRAM EXTENSION: Approving the first amendment to
Interlocal Agreement between the City of Tamarac and Broward County to provide for the City
of Tamarac to be designated as a subrecipient for the HOME Consortium and disbursement of
HOME funds for fiscal year 2007-2008; providing for an extension of the term of the agreement
for an additional year.
RESOLUTION NO. R2010-23
c. TR11772 - FY 08/09 HOME PROGRAM EXTENSION: Approving the first amendment to
Interlocal Agreement between the City of Tamarac and Broward County to provide for the City
of Tamarac to be designated as a subrecipient for the HOME Consortium and disbursement of
HOME funds for fiscal year 2008-2009; providing for an extension of the term of the agreement
for an additional year.
RESOLUTION NO. R2010-24
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Amended March 29, 2010
d. TR11775 - APPROVING PURCHASE AND INSTALLATION OF GUARDRAILS:
Approving the purchase and installation of guardrails from Southeast Attenuators, Inc., at a
cost not to exceed $50,000.00, utilizing the City of Miami Gardens Bid Number 08-09-001;
approving funding from the appropriate capital improvement account; authorizing budget
amendments for proper accounting purposes.
RESOLUTION NO. R2010-25
e. TR11766-PALMS MEDICAL CAMPUS SITE PLAN EXTENSION: Granting a time extension
of one (1) year for final Site Plan approval for the Palms Medical Campus project, requested by
Virtual Design Group (Eric Mills, Applicant), Designated Agent for the property owner
Courtyard Properties (Joseph Vitolo) (Case No. 2-SP-10) providing for conditions of approval.
RESOLUTION NO. R2010-26
f. TR11767 - MERRILL GARDENS II SITE PLAN EXTENSION: Granting a time extension of
one (1) year for final Site Plan approval for the Merrill Gardens II project, requested by Craven
Thompson and Associates, Inc., (Edward P. Ploski), Designated Agent for the property owner,
Merrill Gardens, LLC. (Case No. 1-SP-10); providing for conditions of approval.
RESOLUTION NO. R2010-27
g. TR11773 - INVESTMENT ADVISORY AGREEMENT EXTENSION:
Authorizing the appropriate City officials to extend the existing agreement between the City of
Tamarac and Davidson Fixed Income Management, (formerly Kirkpatrick Pettis Capital
Management), for Investment Advisory Services for a two-year period effective April 15,
2010, through April 14, 2012, with up to two (2) additional one year renewal options.
RESOLUTION NO. R2010-28
h. TR11774 - BROWARD COUNTY MULTI -JURISDICTIONAL LOCAL MITIGATION
STRATEGY: Adopting the Broward County December 2009 Revised Multi -Jurisdictional Local
Mitigation Strategy.
RESOLUTION NO. R2010-29
i. TR11777-GRANT APPLICATION TO RECREATIONAL TRAILS PROGRAM:
Authorizing the appropriate City officials to submit an application to the US Department of
Transportation through the Florida Department of Environmental Protection — Office of
Greenways and Trails for Recreational Trails Program grant funds for the Mainlands Park
project in the amount of $250,000 providing for a 1-to-1 match of $250,000 in local funds in the
event of approval of the application, providing for acceptance of the award and execution of
documents upon approval.
RESOLUTION NO. R2010-30
j. TR11779 — OPPOSITION TO TABOR: Opposing any taxpayer bill of rights (TABOR)
proposal or any tax reform legislation by the State Legislature that would impose artificial or
one -size -fits -all caps on revenues or expenditures of local governments.
RESOLUTION NO. R2010-31
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
PUBLIC HEARING(S)
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Amended March 29, 2010
ORDINANCES)— SECOND READINGS
7. TO 2187 - PUBLIC BIDDING: Motion to adopt an Ordinance of the City of Tamarac,
Florida, on second reading submitting to referendum an amendment to the Charter of the City
of Tamarac at Article VI1, entitled "Financial Procedures," and in particular amending Section
7.11 entitled "Requirements for Public Bidding"; providing that the City Commission shall
establish by Ordinance a competitive solicitation financial threshold for procurement; providing
that the City Commission shall establish by Ordinance the advertising requirements for the
solicitation of competitive bids, in accordance with the requirements of the Florida Statutes;
providing for a notice of an advertisement of the referendum election to be published in
accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as
well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall
be submitted to the qualified electors of the City of Tamarac, on the November 2010 General
Election Ballot and it shall become effective as provided by law; providing for the place and
places where said election is to be held; providing for conflicts; providing for severability;
providing for inclusion in the code; and providing for an effective date. Vice -Mayor Dressler
seconded by Commissioner Atkins -Grad moved adoption of TO2187 on second reading. City
Attorney Goren read TO2187 on second reading by title. Mayor Talabisco opened the public
hearing and with no one wishing to speak, closed the public hearing. On roll call Vice -Mayor
Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Atkins -Grad "yes",
Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING FEBRUARY 24, 2010
ADOPTED ON SECOND READING MARCH 10, 2010
ORDINANCE NO, 0-2010-3
8. TO2188 - ADVISORY BOARDS: Motion to adopt an Ordinance of the City of Tamarac,
Florida on second reading submitting to referendum an amendment to the Charter of the City
of Tamarac at Article IV, entitled "Legislative," and in particular eliminating Section 4.09
through Section 4.13, pertaining to certain City Advisory Boards; providing for the elimination
of redundancy in the City Charter; providing for a notice of an advertisement of the. referendum
election to be published in accordance with the Code of Ordinances and the Charter of the'City
of Tamarac, Florida, as well as the State of Florida Election Code; prpyidirrg fhal'this
Ordinance, when adopted, shall be submitted to the qualified electors of the City 4 Tamarac;,
on the November 2010 General Election Ballot and it shall become effebtue a - --vt ec!
law; providing for the place and places where said election is to be held; pro9J'0irgfdr &nflic
providing for severability; providing for inclusion in the code; and providim- fa? an effectivedate. Commissioner Glasser seconded by Commissioner Atkins -Grad moved adoptiorT. City
Attorney Goren read TO2188 on second reading by title. Mayor Talabisco opened the public
hearing and with no one wishing to speak, closed the public hearing. City Attorney Goren
explained the wording in the question was amended from eliminate to transition. On roll call
Commissioner Atkins -Grad voted "yes", Vice -Mayor Dressler "yes", Commissioner Bushnell
"yes", Commissioner Glasser "yes", and Mayor Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING FEBRUARY 24, 2010
ADOPTED ON SECOND READING MARCH 10, 2010
ORDINANCE NO. 0-2010-4
9. TO2189 - MINIMUM RESERVE FUNDS: Motion to adopt an Ordinance of the City of
Tamarac, Florida, on second reading submitting to referendum an amendment to the Charter
of the City of Tamarac at Article VII, entitled "Financial Procedures," and in particular amending
Section 7.03 entitled "Form and Content of Budget and Limitation on Unappropriated Surplus";
Page 5 of 6 Commission Meeting March 10, 2010
Amended March 29, 2010
removing the limit on the Unappropriated Surplus Funds that the City is able to maintain in its
reserves; providing for a notice of an advertisement of the referendum election to be published
in accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as
well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall
be submitted to the qualified electors of the City of Tamarac, on the November 2010 General
Election Ballot and it shall become effective as provided by law; providing for the place and
places where said election is to be held; providing for conflicts; providing for severability;
providing for inclusion in the code; and providing for an effective date. Commissioner Atkins -
Grad seconded by Commissioner Glasser moved adoption. City Attorney Goren read TO2189
on second reading by title. Mayor Talabisco opened the public hearing. Former Mayor
Schreiber, 10504 East Clairmont Circle, Tamarac, suggested the Mayor and City Commission
give an explanation of the three ordinances for the public. Mayor Talabisco and Vice -Mayor
Dressier responded the items were discussed at length in workshop setting prior to first
reading. City Attorney Goren said the ordinances were vetted by the Charter Board over the
past year and public hearings were conducted. There being no one else wishing to speak,
Mayor Talabisco closed the public hearing. On roll call Commissioner Glasser voted "yes',
Commissioner Atkins -Grad "yes", Vice -Mayor Dressler "yes", Commissioner Bushnell "yes",
and Mayor Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING FEBRUARY 24, 2010
ADOPTED ON SECOND READING MARCH 10, 2010
ORDINANCE NO. 0-2010-5
There being no further business to come before the Mayor and City Commission, Mayor
Talabisco adjourned the regular meeting of the City Commission at 8:47 p.m.
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