REGULAR CITY COMMISSION MEETING CITY OF MIRAMAR
u A G E N D A u
Wednesday September 2, 2009 7 p.m.
ELECTED OFFICIALS
Mayor Lori C. Moseley Commissioner Winston F. Barnes Commissioner Yvonne Garth Commissioner Troy R. Samuels Commissioner Barbara Sharief
Phone: (954) 602-3000 Fax: (954) 602-3440 2300 Civic Center Place Web Site: www.ci.miramar.fl.us 33025-6577 [email protected] CITY OF MIRAMAR WELCOME TO YOUR CITY COMMISSION MEETING
We are pleased that you have demonstrated an interest in the City of Miramar by attending a City Commission meeting. We hope you will attend more of these meetings in the future.
GENERAL INFORMATION: The City of Miramar is a municipality chartered by the State of Florida operating under the "City Council - City Manager Plan." The City Commission is comprised of four members and the Mayor selected by the residents of Miramar to serve as the City's governing body. It is responsible for adopting policies of the City, passing ordinances, adopting resolutions and approving budgets. A City Manager is appointed by the City Commission to serve as the administrative head of the municipal government and provides recommendations to the City Commission on policy issues.
The City Commission meeting is a formal meeting of the members of the commission to transact City business. This business is conducted in a manner prescribed by resolution, laws and regulations which require certain formal actions and the following of specific procedures.
The AGENDA is a printed document that lists the order of business for the Commission meeting. The public is encouraged to contact the Mayor or any City Commissioner prior to a Commission meeting to express their views on items appearing on the Agenda.
* All beepers, cell phones and other electronic devices must be turned off prior to entering the Commission Chambers.
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.
GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITY COMMISSION MEETINGS: Who May Speak - Any individual who wishes to address the City Commission may do so providing it is accomplished in an orderly manner and in accordance with the procedures outlined below. 1. Speaking on items on the Agenda - Public Hearings and Regular Business - Individuals wishing to speak on matters that appear on the Agenda as "Public Hearings" or "Regular Business" need only to raise their hand to be recognized by the Mayor. Discussion at Special Meetings is limited to the items referred to on the Agenda for such Special Meetings. 2. Other Business Items - These are items placed on the Agenda by the Mayor or a Commissioner and either are requests for the preparation of future legislation or are requests for possible direction to the Administration. 3. Speaking on items not on the Agenda - Public Discussion - Any individual may speak on any subject pertinent to the City at the second regularly scheduled meeting of each month. Individuals must sign in with the City Clerk prior to the meeting. The Mayor will recognize those persons who signed in, under the agenda item "Public Discussion." 4. Addressing Commission, Manner & Time - Public discussion during all items is limited to three minutes maximum per person, however, the Mayor at his/her discretion may allow more time. Each person who addresses the Commission shall step up to the speaker's podium and shall give his/her name and address.
The above represents a summarization of the Commission Procedures Resolution. Copies of this resolution are available from the City Clerk's office. Any person requiring auxiliary aids and services at this meeting may call the City Clerk’s Office at 954-602-3011 at least two calendar days prior to the meeting.
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/she will need a record of the proceedings and for such purpose may need to insure that a verbatim recording of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF MIRAMAR REGULAR COMMISSION MEETING Wednesday, September 2, 2009
CALL TO ORDER:
ROLL CALL/ANNOUNCEMENTS:
PLEDGE OF ALLEGIANCE:
PRESENTATIONS:
“Florida International University Relationship with City of Miramar” Proclamation. (Revenue Enhancement Development Officer Camasha Cevieux)
“Utilities in the Eyes of Miramar Students” Presentation. (Utilities Department 2009 Summer Interns Stephanie Gabriel and Jonathan Gonzalez)
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, the item(s) will be removed from the Consent Agenda and will be considered separately.
1. Minutes of the Regular City Commission Meeting of August 19, 2009. 2. Temp. Reso. #R4569 authorizing the appropriate City Officials to include ten (10) firms responding to Request for Qualifications #09-05-02 for General Consulting Services into a library of technical services providers, for City Utilities, to be retained on an “as-needed” basis. (Director of Public Works Thomas Good, Director of Engineering Luis Lopez, Director of Community Services Terrence Griffin, Assistant Director of Utilities Ron Eyma)
3. Temp. Reso. #R4585 authorizing the appropriate City Officials to include fourteen (14) firms responding to Request for Qualifications #09-05-02 for General Consulting Services into a library of technical services providers, to be utilized for City Engineering/Planning, to be retained on an “as-needed” basis. (Director of Public Works Thomas Good, Director of Engineering Luis Lopez, Director of Community Services Terrence Griffin, Assistant Director of Utilities Ron Eyma)
4. Temp. Reso. #R4586 authorizing the appropriate City Officials to include nine (9) firms responding to Request for Qualifications #09-05-02 for General Consulting Services into a library of technical services providers, to be utilized for City facilities/assets, to be retained on “as-needed” basis. (Director of Public Works Thomas Good, Director of Engineering Luis Lopez, Director of Community Services Terrence Griffin, Assistant Director of Utilities Ron Eyma)
5. Temp. Reso. #R4587 authorizing the appropriate City Officials to include nine (9) firms responding to Request for Qualifications #09-05-02 for General Consulting Services into a library of technical services providers, to be utilized for City municipal operations, to be retained on “as-needed” basis. (Director of Public Works Thomas Good, Director of Engineering Luis Lopez, Director of Community Services Terrence Griffin, Assistant Director of Utilities Ron Eyma)
6. Temp. Reso. #R4570 authorizing the expenditure of up to $15,000.00 in State Law Enforcement Trust Funds to Pepworks International to provide the Police Department with professional training. (Support Services Commander Randy Cross)
7. Temp. Reso. #R4575 authorizing the purchase of nine (9) Ford Crown Victoria Police Interceptors from Duval Ford, to provide support for Law Enforcement Officers hired under the Cops Hiring Recovery Program Grant (CHRP), in an amount not-to-exceed $198,621.00 for Fiscal Year 2009, utilizing Florida Sheriff’s Association Bid No. 08-16-0908. (Staff recommends continuance to after the budget) (Public Works Director Thomas Good) 8. Temp. Reso. #R4482 authorizing the purchase of emergency safety equipment for 15 Police Interceptor Vehicles and 9 Detective Vehicles, from Strobes-R-Us, Inc., a single-source provider of City standard safety emergency equipment, in an amount not-to-exceed $78,1500.00, for Fiscal Year 2009. (Public Works Director Thomas Good)
End of Consent
RESOLUTIONS
9. Temp. Reso. #R4568 authorizing the City Manager to execute a grant agreement with the United States Department of Justice for the 2009 COPS Hiring Recovery Program for purposes of hiring nine police officers. (Staff recommends continuance to after the budget) (Support Services Commander Randy Cross)
10. Temp. Reso. #R4576 approving the amendment of the existing Local Housing Assistance Plan for the City’s State Housing Initiatives Partnership Program to include the Florida Homebuyer Opportunity Program as a strategy. (Senior Planner Richard Hughes)
11. Temp. Reso. #R4583 approving the settlement of the bodily injury claim of Susana and Antonio Medina on behalf of Antonio Medina, Jr. (City Attorney Jamie A. Cole)
ORDINANCES
12. FIRST READING of Temp. Ord. #O1487 amending City Code Chapter 21 “Utilities”, Article V, “Water and Sewer Impact Fees”, Section 21-196, “Water and Sewer Impact Fee Formula”, Section 21-197 “Adjustment Formula and Escalation Provisions” and Section 21-201 “Credits” to provide reduced and uniform water and wastewater impact fee rates throughout the City; providing for repeal of inconsistent provisions; providing for severability; providing for inclusion in the City Code; and providing for an effective date. (City Engineer Bissy Vempala)
SECOND READING SCHEDULED for October 7, 2009
13. FIRST READING of Temp. Ord. #O1496 amending the City of Miramar Land Development Code to create Chapter 12 “Zoning Certificates of Use”, to establish a zoning certificate of use requirement; providing for severability; providing for conflict; providing for codification; and providing for an effective date. (Community Development Director Harold C. Zombek)
SECOND READING SCHEDULED for September 16, 2009 PUBLIC HEARINGS
14. SECOND READING of Temp. Ord. #O1495 approving a Comprehensive Pay Plan for unrepresented employees and elected officials for Fiscal Year 2010; and providing for an effective date. (Staff recommends continuance to the meeting of 09/16/09) (Passed 1st Reading 08/19/09) (Human Resources Director Phil Rosenberg)
QUASI-JUDICIAL PUBLIC HEARING
All who wish to speak shall be collectively sworn in. City Attorney will then read the title of the item to be considered. Staff shall present a brief synopsis of the application and make a recommendation. Next will be a presentation by the applicant. The Commission will then hear from participants in favor of and in opposition to the application. The applicant, staff and or any Commissioner may cross-examine the witnesses, and a participant may request that the board ask questions of a witness. The public hearing will conclude with final remarks by staff and the applicant. No further presentations or testimony shall be permitted. All decisions of the Commission must be based upon competent substantial evidence presented to it at the hearing. All backup materials provided to the City Commission, as a part of the agenda will automatically be made a part of the record of the hearing. All approvals will be subject to staff recommended conditions unless otherwise stated in the motion for approval.
15. Temp. Reso. #R4574 considering Application No. 09-VAR-17, Distance Separation Variance Approval, by T-Mobile South, LLC, for a 100-foot high concealment flagpole telecommunications tower flanked on both sides by two “real” 75-foot high flagpoles and a 416.5 square foot compound, on the east side of Fire Station 70 located at 9001 Miramar Parkway. (Staff recommends continuance to the meeting of 09/16/09) (Senior Planner Michael Alpert)
16. Temp. Reso. #R4572 considering Application No. 09-DRC-05, Site Plan Approval, by T-Mobile South, LLC, for a 100-foot high concealment flagpole telecommunications tower flanked on both sides by two “real” 75-foot high flagpoles and a 416.5 square foot compound, on the east side of Fire Station 70 located at 9001 Miramar Parkway. (Staff recommends continuance to the meeting of 09/16/09) (Senior Planner Michael Alpert)
17. Temp. Reso. #R4573 considering Application No. 09-CAB-06, Community Appearance Board Approval, by T-Mobile South, LLC, for a 100-foot high concealment flagpole telecommunications tower flanked on both sides by two “real” 75-foot high flagpoles and a 416.5 square foot compound on the east side of Fire Station 70 located at 9001 Miramar Parkway. (Staff recommends continuance to the meeting of 09/16/09) (Senior Planner Michael Alpert) OTHER BUSINESS
18. Reports and Comments:
Commission Reports:
City Attorney Reports:
City Manager Reports:
FUTURE WORKSHOP
Date Time Subject Location Commission 09/02/09 5:00 P.M. Strategic Financial Planning Conference Room
ADJOURNMENT
THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING IS:
September 16th, 2009 at 7:00 P.M. 1. CONSENT AGENDA September 2, 2009 CITY OF MIRAMAR PROPOSED CITY COMMISSION AGENDA ITEM Minutes of the Regular City Commission Meeting of August 19, 2009
MINUTES OF THE CITY OF MIRAMAR REGULAR COMMISSION MEETING
August 19, 2009 7:00 P.M.
The regular meeting of the Miramar City Commission was called to order by Mayor Moseley at 7:10 p.m. in the Commission Chambers, Miramar City Hall, 2300 Civic Center Place, Miramar, Florida.
Upon call of the roll, the following members of the City Commission were present:
Mayor Lori C. Moseley Vice Mayor Troy R. Samuels Commissioner Winston F. Barnes Commissioner Yvonne Garth Commissioner Barbara Sharief
The following members of staff were also present:
City Manager Robert A. Payton City Attorney Jamie A. Cole City Attorney Douglas Gonzales City Clerk Yvette M. McLeary
PLEDGE OF ALLEGIANCE
Mayor Moseley led in the Pledge of Allegiance.
PRESENTATIONS
Miramar/Pembroke Pines Chamber of Commerce’s Year End and Forecast Report. (Chamber President Stella Tokar)
Recognition of Miramar Optimist Track Team. (Community Services Director Terrence E. Griffin) PUBLIC PARTICIPATION (7:30 – 8:00 P.M.)
John Murphy, 3471 Java Plum Avenue, Miramar, treasurer for the Hampshire Homes Homeowners Association (HOA) stated they had not raised their maintenance in two years, and this was with 30 empty houses. Therefore, there was no reason why the City could not do the same with the trim rate. He believed the concept of a 26 percent increase was outrageous, and the City Commission and staff needed to search harder to cut costs.
Nancy Holloway, 9301 Belaire Drive, Miramar, thanked the City’s police department for their effective response to the problems residents in her neighborhood were experiencing with some youths. Some of the unacceptable behavior included: pipe bomb blasting and pit bull fighting. She commended the City staff that helped resolved the permit issues their community had recently for the major work they were doing at the front entrance of their development. AT&T recently received a permit to do work that involved tearing up a portion of the boulevard near their community. She indicated aforementioned work at the front of their community required the electricity to be turned off, and they were now unable to assess the damage, if any, to their sprinkler system due to AT&T’s activities. She wished AT&T to understand, since the homeowners were unable to check for sprinkler damage at present, if any was later discovered, AT&T would have to come back, rectify the situation and replace the sod and any other damage. Ms. Holloway felt if the City’s Engineering Department had notified someone on their HOA of AT&T’s coming to do work in their community, they could have delayed the work at their front entrance. She had no desire to see her community negatively impacted due to a lack of communication.
William Boga, 16448 SW 32 Street, Miramar, mentioned having problems with the trim notice he recently received. Residents of Miramar were already paying one of the highest millage rates in the County, acknowledging the City had stayed on the right track since 2006 by lowering its millage rate for the three ensuing years. For the 2009 budget, the City made the decision to raise the millage rate by 3.3 percent; it now appeared that was inadequate and the decision was made to raise the rate by 26 percent for 2010 budget. He found it difficult to believe the City Commission and staff did not view such an increase as excessive, and if the intent was to later cut the percentage increase to 13 percent as a compromise, this too was excessive. Now was not the time to raise taxes, as many residents were in no better shape in 2009 than they were in 2008, and raising taxes would hurt most people. For any business going through a downward turn, the first thing they did was cut costs rather than raising prices or lowering product quality. Mr. Boga went on to state, in addition to the 26 percent increase in the millage rate, the City proposed raising the fire service fee to $85.22, a 57 percent increase over the current rate. He suggested the City go back to the previous practice of lowering the millage rate, and reduce the level of growth and cut expenses in Miramar. Robert Martone, 2655 Jamaica Drive, Miramar, commented he moved to Miramar in late 1966, and the present Commission was the best since that time. He felt infuriated by the huge percentage increase and wished to provide a newspaper article listing the millage rates of other Broward municipalities, stating there were only a few that raised their taxes significantly, such as Weston. He urged City government to reduce the percentage increase to a more manageable rate, stating with lower-income homeowners not paying the fire service fee, it was left to the rest of the citizens to absorb the whole cost.
Ian Richmond, 9720 Mill Pond Drive, Miramar, and coach of the Miramar Optimist Track Club, indicated he was witness to the wonderful growth of the City’s track club over the last eight years. They no longer suffered from injuries due to concrete and asphalt tracks. Members of the Commission were all present at the opening of the Ansin Sports Complex, and he wished to assure them the facility was not sitting idly, as the athletes used the track almost every night. He stated he was one of the biggest ambassadors for Miramar, nationally and internationally, and felt the facility was on the verge of being underutilized. The Optimist Track Club’s plan was to bring the Miramar Classic on an international level to the City, and the support of the Commission was being sought. He intimated they had the commitment of 30 high schools in Jamaica, 30 local schools and 60 other clubs with the intention of attending the meet. The Ansin facility supported the highest level of competition and was a world-class track, there being only one other of its kind in Florida. Mr. Richmond mentioned the many Fortune 500 companies, such as Spirit Airlines, located in Miramar. When the item came up for review by the Commission, including discussions about the track team, he hoped to retain the City’s support in the next fiscal year.
Michelle Cabot, 3175 SW 131 Avenue, Miramar, reiterated displeasure and concern with the proposed increase in taxes. She was not oblivious to the City’s loss of revenue due to the previous year’s tax reforms, stating despite the additional home exemption her home’s assessed value increased. There had been no reduction in her property tax; in fact, it went up by $400. If the City did not lower the percentage rate increase in taxes, the number of homes going into foreclosure would continue to increase.
Mayor Moseley expressed appreciation for the citizen feedback, stating the City held workshops on the matter of proposed tax increases and the level of participation was much lower. However, since residents received their trim notice, the turnout at the Commission meeting was greater. She emphasized the budget was a fluid process and nothing was written in stone. Trying to balance revenues and expenditures was a very interesting process, as in the present discussion, some residents were asking for reductions in taxes, while another was requesting the expansion of programs.
Clarrington Johnson, 7761 Embassy Blvd., Miramar, asked a question on behalf of the charter school, Parkway Academy. There were no lights or signage indicating the area was a school zone, and motorists tended to speed. The principal of the school asked him to inform the dais of the situation, and to find out if it was possible for the City to erect signs notifying drivers of the school’s presence. Mayor Moseley inquired if the Broward County school system was informed of the situation, as they were responsible for signalization. She indicated the City would help in whatever way it could.
Calvin Jackson, 8444 Shelton Drive, Miramar, named a number of world renown track athletes, remarking it seemed unfair to limit the use of the Ansin Sports Complex track facilities to the Miramar area. He pled with the Commission to take advantage of the quality of the facility and host larger track meets. To see the facility not being used to its fullest potential was not good, and he had been a head track coach for 20 years and appreciated the availability of such a quality venue.
Mayor Moseley, apologizing for interrupting Mr. Jackson, encouraged him to remain for the discussion of the agenda item pertaining to plans for the Ansin Sports Complex.
Joe Gutierrez, 3299 SW 173 Terrace, Miramar, mentioned his concerns with the City’s budgeting process. He was a CPA by trade and ran a small resort in Florida; thus, he was acutely aware of the challenges in the budgeting process and the sacrifices that had to be made. The primary job of the City Commission and staff was to protect the citizens. He opined the Cultural Arts Center and various City parks were icing on the cake, but what good was icing with no cake? He indicated being the victim of a crime on three separate occasions, and he hoped public safety was the last area the City considered cutting resources. Residents would not stay in a city just for its beautiful parks and recreational facilities; and, they would leave if a city was felt to be an unsafe place to live. He believed school resource officers (SRO) were an essential part of ensuring the safety of the City’s children.
Feyda Dipp, 12190 SW 25 Court, Miramar, said in 2008 she appealed the appraisal of her home and the associated property taxes, wondering whether she had to pay the taxes despite her home being valued at half its purchase price.
City Manager Payton responded a City staff member would contact Ms. Dipp first thing in the morning to assist her.
Vice Mayor Samuels added there was an excellent article in the Sunday’s Miami Herald on appealing property taxes.
Mayor Moseley received no further public input.
Recess/Reconvene
CONSENT AGENDA
On a motion by Commissioner Sharief, seconded by Vice Mayor Samuels, to approve Consent Agenda Items 1, 2, 3, 4 and 5, the Commission voted: Commissioner Barnes Yes Commissioner Garth Yes Vice Mayor Samuels Yes Commissioner Sharief Yes Mayor Moseley Yes
1. Minutes of the Regular City Commission Meetings of July 1, 2009.
Approved
2. Temp. Reso. #R4524 approving and ratifying repairs to bar screens performed by Filterone USA, LLC, a sole source provider of Parkson Corporation Parts and Services, in an amount not-to-exceed $54,000.00 for Fiscal Year 2009. (Assistant Utility Plant Manager Vernal Spence)
Resolution No. 09-173
3. Temp. Reso. #R4554 approving and authorizing the execution of a contract with Reynolds Inliner, LLC, for sewer system rehabilitation services, utilizing Charlotte County Contract No. 06-361, in an amount not-to-exceed $250,000.00. (Utility Improvement Manager Whittingham Gordon)
Resolution No. 09-174
4. Temp. Reso. #R4555 considering Application No. 09-TUP-108, Temporary Use Permit Approval for St. Stephen’s Church Fall Festival on November 5-8, 2009, located at 2000 South State Road 7. (Community Development Director Harold C. Zombek)
Resolution No. 09-175
5. Temp. Reso. #R4560 approving an amendment to the contract with Wexler & Walker Public Policy Associates, a unit of Hill and Knowlton, Inc., granting Wexler & Walker an additional two months to provide Federal Representation Services to obtain Federal Funds for various city projects. (Strategic Development Officer Hector A. Vazquez)
Resolution No. 09-176
End of Consent Agenda