CITY OF TAMARAC REGULAR CITY COMMISSION MEETING City Hall - Commission Chambers October 9, 2013

Transcription

1 CITY OF TAMARAC REGULAR CITY COMMISSION MEETING City Hall - Commission Chambers October 9, 2013 CALL TO ORDER: 7:00 P.M. ROLL CALL: PLEDGE OF ALLEGIANCE: Mayor Beth Talabisco INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. American Archives Month Proclamation Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October, 2013 as "American Archives Month". (Requested by the Tamarac Historical Society) b. National School Lunch Week Proclamation Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of October 14-18, 2013 as "National School Lunch Week". (Requested by Mayor Beth Talabisco) c. Fire Prevention Month Proclamation Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October, 2013 as "Fire Prevention Month". (Requested by Fire Chief Mike Burton) 2. CITY COMMISSION REPORTS a. Commissioner Bushnell b. Commissioner Gomez c. Commissioner Glasser d. Vice Mayor Dressler e. Mayor Talabisco 3. CITY ATTORNEY REPORT 4. CITY MANAGER REPORT 5. PUBLIC PARTICIPATION Any member of the public may speak to any issue that is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute

2 aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. ANNOUNCEMENT OF TIME ALLOCATIONS-MOTIONS TO TABLE The Chair at this time will announce those items that have been given a specific time to be heard, and will entertain motions from the Commission members to table those items that require research. The Commission may agendize by majority consent matters of an urgent nature which have come to the Commission's attention after publication. 6. CONSENT AGENDA Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then, in accordance with Resolution , Sec. 4.5, the item(s) will be removed from the Consent Agenda and will be considered separately. a. Approval of the September 19, 2013 Special Commission Meeting Minutes Approval of the September 19, 2013 Special Commission Meeting Minutes b. Approval of the September 25, 2013 Regular Commission Meeting Minutes Approval of the September 25, 2013 Regular Commission Meeting Minutes c. TR12359 FY 2013/14 Residential Construction Mitigation Grant A Resolution of the City Commission of the City of Tamarac, Florida accepting and executing the grant agreement in the amount of $150,000 from the Florida Division of Emergency Management Residential Construction Mitigation Program; authorizing the appropriate City officials to execute a grant agreement between the Florida Division of Emergency Management and the City of Tamarac in the amount of $150,000 to improve storm resistance of residences in the City of Tamarac; providing for conflicts; providing for severability; and providing for an effective date. d. TR Renewal of Microsoft Enterprise Agreement A resolution of the City Commission of the City of Tamarac, Florida, authorizing appropriate City Officials to execute a three (3) year Microsoft Enterprise Licensing Agreement paid annually to be purchased from SHI International Corp.; authorizing budget amendments for proper accounting purposes; authorizing an expenditure of $299,503.44, providing for conflicts; providing for severability; and providing for an effective date. e. TR St. Malachy Carnival - Extended Hours & Alcohol Permit A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to grant a waiver of Business Revenue Licensing fees in the amount of $1,558.90, to extend the hours of operation to 11:00 p.m. on Thursday, November 7, 2013 through Saturday, November 9, 2013; and to permit the sale and consumption of alcoholic beverages on premise on Friday, November 7, 2013 through Sunday, November 10, 2013 for the Saint Malachy Catholic Church Annual Carnival, located at 6200 John Horrace Terrace, beginning on Thursday, November 7, 2013 and ending on Sunday, November 10, 2013; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. f. TR12406 Taxable Capital Improvement Revenue Note A Resolution of the City Commission of the City of Tamarac, Florida authorizing the issuance of its Capital Improvement Revenue Note, Series 2013 (Taxable), in the principal amount of not to exceed $20,000,000 at any one time, initially as a revolving line of credit, to refinance all of the outstanding City of Tamarac, Florida Taxable Redevelopment Revenue Note, Series 2011, finance and/or refinance the cost of acquisition and redevelopment of real property within the City to be used for community development or redevelopment purposes, and to finance and/or refinance various capital improvements within the City; providing for an automatic conversion to a term loan on October 1, 2016; making certain findings of public purpose; providing that the Series 2013 Note shall be a limited obligation of the City payable from legally available non-ad valorem revenues budgeted,

3 appropriated and deposited as provided herein; providing for the rights, securities and remedies for the owner of the Series 2013 Note; establishing intent to reimburse from note proceeds the costs of such projects for state law purposes; making certain covenants and agreements in connection therewith; and providing for severability and an effective date. g. TR Office Supplies for A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate Officials to award and execute an agreement for office supply needs with Office Depot, Inc. On behalf of the Southeast Florida Governmental Purchasing Cooperative utilizing pricing provided through request for proposal 13-23R and based upon state term contract # , or lower pricing as may become available through any other consortium agreement, including contingency pricing for the period of October 18, 2013 through October 17, 2016, with one (1) three (3) year renewal option; providing for conflicts; providing for severability; and providing for an effective date. h. TR12410 BSO Logistics Purchase Liability Waiver A resolution of the City Commission of the City of Tamarac, Florida, authorizing the Fire Rescue Department to purchase medical supplies and firefighting supplies from Broward County Sheriff s Office, Fire Rescue Division Logistics warehouse during FY14 and FY15, in an amount not to exceed one hundred and fifty thousand ($150,000.00) dollars annually; to authorize the City Manager to extend the total dollar amount by an additional twenty five thousand ($25,000) based upon exigent circumstances; authorizing the appropriate City Officials to execute a liability waiver for the purchases; providing for conflicts; providing for severability; and providing for an effective date. 7. REGULAR AGENDA 8. ORDINANCE(S) - FIRST READING a. TO2292 Amending Chapter 22 "Utilities" Code of Ordinances Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 22, entitled "Utilities" of the Code of Ordinances of the City of Tamarac by amending Section , entitled Contribution Charges, to rename Section to Contribution in Aid of Construction Charges, and use that phrase throughout the section; to amend the water and wastewater contribution in aid of construction charges; and to provide regulations relating to contribution in aid of construction charges; providing for notice; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. 9. PUBLIC HEARING(S) 10. ORDINANCE(S) - SECOND READING 11. QUASI-JUDICIAL HEARING(S) 12. OTHER The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Commission meeting. Pursuant to Chapter , Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: or

4 Patricia Teufel, CMC City Clerk

5 Title - 7:00 P.M. 7:00 P.M. ATTACHMENTS: Name: No Attachments Available Description:

6 Title - Mayor Beth Talabisco Mayor Beth Talabisco ATTACHMENTS: Name: No Attachments Available Description:

7 Title - American Archives Month Proclamation Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October, 2013 as "American Archives Month". (Requested by the Tamarac Historical Society) ATTACHMENTS: Name: American_Archives_Month_2013.doc Description: American Archives Month Proclamation

8 Requested by the Tamarac Historical Society WHEREAS, much of our City s rich and diverse heritage is contained in the documents and records created by and for its people; and WHEREAS, the Tamarac Historical Society is establishing archives as a means of preserving our written history; and WHEREAS, these archives collectively contain four years of unique materials, ranging from photographs, memorandums, oral histories, newspaper clippings, and scrapbooks; and WHEREAS, the Tamarac Historical Society is dedicated to responsibly preserving the historical word, maintaining records in the public trust, and making those records available for study and appreciation; and WHEREAS, through these archives, future generations of Tamarac residents can more accurately study the past, learn from the accomplishments of their predecessors, and understand their community s pride of place while celebrating the history of our city. NOW, THEREFORE, I, Beth Talabisco, Mayor, of the City of Tamarac, Broward County, Florida, hereby proclaim the month of October 2013, as AMERICAN ARCHIVES MONTH 2013 in the City of Tamarac and urge all residents to consciously contribute and donate any and all memorabilia to be included in the Tamarac Historical Society s archives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tamarac to be affixed this 9 th day of October, Uxà{ gtätu ávé Beth Talabisco, Mayor

9 Title - National School Lunch Week Proclamation Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of October 14-18, 2013 as "National School Lunch Week". (Requested by Mayor Beth Talabisco) ATTACHMENTS: Name: National_School_Lunch_Week_2013.doc Description: Nation School Lunch Week Proclamation

10 Requested by Mayor Beth Talabisco WHEREAS, the National School Lunch Program has served our nation admirably for over 60 years through advanced practices and nutrition education; and WHEREAS, the National School Lunch Program is dedicated to the health and well-being of our nation s children; and WHEREAS, the National School Lunch Program has been joined through the years by many other excellent child feeding programs and there is evidence of continued need for nutrition education and awareness of the value of school nutrition programs; and WHEREAS, we are encouraging community support as the schools strive to prepare and serve nutritious meals for students nationwide. NOW, THEREFORE, I, Beth Talabisco, Mayor of the City of Tamarac, Broward County, Florida, hereby proclaim the week of October 14-18, 2013, as NATIONAL SCHOOL LUNCH WEEK and I encourage all residents to become aware and concerned about their children s and their own nutrition habits, in hope of achieving a more healthful citizenry for today and the future. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tamarac to be affixed this 9 th day of October, Uxà{ gtätu ávé Beth Talabisco, Mayor

11 Title - Fire Prevention Month Proclamation Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October, 2013 as "Fire Prevention Month". (Requested by Fire Chief Mike Burton) ATTACHMENTS: Name: Fire_Prevention_Month_2013.doc Description: Fire Prevention Month Proclamation

12 Requested by Chief Mike Burton WHEREAS, Tamarac Fire Rescue is committed to ensuring the safety and security of all those living in and visiting our City; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, two of every five home fires start in the kitchen; and WHEREAS, unattended equipment was a factor in one-third of the reported cooking fires, residents should stay in the kitchen when frying food on the stovetop, keep a three-foot kid-free zone around cooking areas and keep anything that can catch fire away from stove tops; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, Tamarac s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the 2013 Fire Prevention Week theme, Prevent Kitchen Fires! effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. NOW, THEREFORE, I, Beth Talabisco, Mayor of the City of Tamarac, Florida, do hereby proclaim October 2013, as Fire Prevention Month throughout this City, and I urge all the residents of Tamarac to check their kitchens for fire hazards and use safe cooking practices. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tamarac to be affixed this 9th day of October, Uxà{ gtätu ávé Beth Talabisco, MAYOR

13 Title - 7:00 P.M. 7:00 P.M. ATTACHMENTS: Name: No Attachments Available Description:

14 Title - TO2292 Amending Chapter 22 "Utilities" Code of Ordinances Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 22, entitled "Utilities" of the Code of Ordinances of the City of Tamarac by amending Section , entitled Contribution Charges, to rename Section to Contribution in Aid of Construction Charges, and use that phrase throughout the section; to amend the water and wastewater contribution in aid of construction charges; and to provide regulations relating to contribution in aid of construction charges; providing for notice; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. ATTACHMENTS: Name: CM-_TO_2292_CIAC_Fees_Ordinance_Support_-_09_25_13_(1).pdf Ordinance_No (Utilities_Ordinance_CIAC).pdf Description: TO2292 Ordinance TO2292 Ordinance

15 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT ADMINISTRATION DIVISION TO: Michael C. Cernech City Manager DATE: September 25, 2013 FROM: Mark C. Mason, Director of Financial Services RE: TO # 2292 Amending Chapter 22 Utilities, Code of Ordinances Recommendation: I recommend that TO 2292 amending Chapter 22 Utilities be placed on the October 9, 2013 Agenda for introduction with a final public hearing to be held October 25, Issue: Section Contribution Charges Article V, Chapter 22 Utilities provides for the ability to charge Contribution in Aid of Construction (CIAC) Fees (Impact Fees) that are set by Resolution; however this language conflicts with Section , F.S. Florida Impact Fee Act which essentially provides that that impact fees be adopted by ordinance. Background: The City has charged CIAC fees for many years and has set them by resolution. The City last updated the CIAC fees In May 2011, via Resolution R as follows: Water CIAC Fee $1,400 and Sewer CIAC Fee $1,800, both per equivalent residential connection (ERC) with the number of ERC s set by meter size. However, this update was in error since the CIAC fees had previously been updated in October 2006 via Resolution R to higher rates of $1,700 and $2,200 per ERC for water and Sewer, respectively. It was not the intent to lower the CIAC fees in May 2011 but to leave them in place as approved by R Also, Section , F.S. provides that impact fees be adopted by ordinance and that if the impact fees are increased that the effective date be no less than 90 days from date of adoption. In addition, the chief financial officer of the local government is required to sign an affidavit submitted with the annual audit to the Auditor General stipulating to the fact that the local government entity has complied with Section , F.S. Fiscal Impact: The increase in the CIAC Fees represents $700 for water and sewer per ERC.

16 Temp. Ordinance # 2292 October 23, 2013 Page 1 of 1 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 22, ENTITLED "UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY AMENDING SECTION , ENTITLED CONTRIBUTION CHARGES, TO RENAME SECTION TO CONTRIBUTION IN AID OF CONSTRUCTION CHARGES, AND USE THAT PHRASE THROUGHOUT THE SECTION; TO AMEND THE WATER AND WASTEWATER CONTRIBUTION IN AID OF CONSTRUCTION CHARGES; AND TO PROVIDE REGULATIONS RELATING TO CONTRIBUTION IN AID OF CONSTRUCTION CHARGES; PROVIDING FOR NOTICE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section of the Tamarac City Code requires developers to contribute a portion of the cost of plant facilities, and are known as contributions in aid of construction ; and WHEREAS, Contribution in Aid of Construction charges are in the nature of impact fees; and, WHEREAS, Section , Florida Statutes, provides procedural requirements for the adoption of impact fees and changes in the amounts of such fees, including changes from time to time in the amount of impact fees be adopted by ordinance; and WHEREAS, Section , should be amended to update the reference to the charge from Contribution charges to Contribution in Aid of Construction charges, and to incorporate the procedural requirements of Section , Florida Statutes.

17 WHEREAS, in 2011, the Tamarac City Commission approved by Resolution R setting the water Contribution in Aid of Construction charges at $1,400 per equivalent residential connection (ERC) and the wastewater contribution in aid of construction charge at $1,800 per ERC; and WHEREAS, through the adoption of previous Resolutions on the Contribution in Aid of Construction charges, an ERC has been defined as the maximum demand of three hundred fifty (350) gallons per day which equates to the demand for a singlefamily dwelling unit; and, WHEREAS, the City Administration recommends that the Contribution in Aid of Construction charges be amended to reflect the rates in place prior to the adoption of Resolution R , which will increase the water contribution in aid of construction charge to $1,700 per equivalent residential connection (ERC) and the wastewater contribution in aid of construction charge at $2,200 per ERC; and, WHEREAS, the amended contribution in aid of construction costs are based upon the City s collection of the most recent and localized data, and WHEREAS, Section provides for a 90 day notice period before any increased charges go into effect; and WHEREAS, the City Commission deems the proposed amendments to Section of the City Code of Ordinances to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Tamarac. Page 2 of 2 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.

18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Chapter 22, entitled Utilities, Section , entitled Contribution charges, of the City of Tamarac Code of Ordinances, is amended to read as follows: Sec Contribution charges.contribution in Aid of Construction charges (a) The city declares that it shall require developers to contribute a portion of the cost of plant facilities. Such contributions, by developers, owners or builders, are defined herein as "contribution charges." Contribution in Aid of Construction. (b) The city requires an executed developer's agreement containing a provision setting forth the cost of all water and sewer, or either as applicable, contribution in Aid of Construction charges. Contribution in Aid of Construction charges for all projects shall be due and payable prior to issuance of a utilities permit. (c) Contribution in Aid of Construction charges are to be treated as trust funds and may be used only to pay for or offset the cost of a portion new capital improvements of the utility system. Contribution in Aid of Construction charges may not be used to pay for replacement of existing facilities, the cost of which would necessarily have had to be borne by existing customers of the system whether or not the party paying the contribution charge had become a part of the system. The moneys are not to be treated as revenue to the utility. (d) The Contribution in Aid of Construction shall be as follows: Utility System Rate per ERC Water $ 1,700 Wastewater $ 2,200 (ce) As used in this section: Page 3 of 3 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.

19 (1) Equivalent residential connection (ERC) means the assumed average daily flow of a single residential unit as set by resolution of the city commission. (2) Commercial means all property devoted to industrial, business, educational or other categories not residential in nature. The contribution charges to be paid to the city for such proposed uses shall be based upon the residential equivalency of such proposed use. The city engineer shall estimate the anticipated water consumption on a daily basis and shall divide such gross daily consumption by the flow of one (1) ERC per day to determine the residential equivalency for commercial use. Such residential equivalency factor shall be multiplied by the contribution charges then in effect for single-family residential use in order to determine the charges applicable to such proposed commercial use. No commercial use shall be less than one (1) residential equivalent. (3) Irrigation uses means contribution charges for water service used for the purpose of irrigation based upon the residential equivalency of such use. The city engineer shall determine the daily water consumption for the proposed irrigation use and shall divide such gross daily water consumption amount by the flow of one (1) ERC per day to determine the residential equivalency for the proposed irrigation use. (df) In any instance where either water or sewer service alone is furnished without the companion service, the charges shall be as established by the city's rate schedule. (g) The calculation of the Contribution in Aid of Construction charges shall be based upon the most recent and localized data available to the City. (h) The City shall account for the revenues and expenditures associated with the Contribution in Aid of Construction charges in a separate Fund. (i) Administrative charges for the collection of the Contribution in Aid of Construction shall be limited to actual costs of the City. (j) Any increase in the amount of the Contribution in Aid of Construction charges shall be approved by ordinance, which will provide for notice at least ninety (90) days prior to the effective date of the ordinance. Section 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may Page 4 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.

20 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. The City Clerk shall cause to be published a notice of amended Contribution in Aid of Construction charges in a newspaper of general circulation within the City. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall become effective as provided by Florida law. PASSED, FIRST READING this day of, PASSED, SECOND READING this day of, ATTEST: BY: MAYOR BETH TALABISCO RECORD OF COMMISSION VOTE: 1 ST Reading PATRICIA TUEFEL, CMC MAYOR TALABISCO CITY CLERK DIST 1: COMM BUSHNELL DIST 2: DIST 3: COMM. GLASSER DIST 4: V/M DRESSLER I HEREBY CERTIFY that I have approved this Page 5 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.

21 ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2 ND Reading MAYOR TALABISCO DIST 1: BUSHNELL DIST 2: DIST 3: COMM. GLASSER SAMUEL S. GOREN DIST 4: V/M DRESSLER CITY ATTORNEY H:\_GOV CLIENTS\TAM 2704\ GM\ORD 2013\Ordinance No (Utilities Ordinance CIAC).docx Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.