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Home My WebLink About2010-09-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, SEPTEMBER 22, 2010 ' CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 9:05 a.m. on Wednesday, September 22, 2010 in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Michelle J. Gomez and Commissioner Diane Glasser. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel Goren and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Mayor Talabisco led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Update re: Upcoming November 2010 Elections: Micah Williams of the Supervisor of Elections Office appeared and gave a presentation (attached hereto and incorporated herein). Mayor Talabisco thanked Mr. Williams for the presentation and the handout as they will be useful when out and about in the community. Commissioner Bushnell asked what accommodations the SOE had for registering handicapped individuals. Mr. Williams responded individuals can come into their office or any of the events and 'people are there to assist them. They also have third party people who go out and register voters. Commissioner Glasser said there needs to be clearer instructions with the absentee ballots, especially pertaining to signing the ballots. Mr. Williams said he will go back to the SOE take that issue up with the Voter Education Department. b. Presentation of a proclamation by Mayor Talabisco proclaiming September 22, 2010 as "Argusta Walker Day" in the City of Tamarac. (Requested by Mayor Beth Talabisco) c. Presentation of a proclamation by Mayor Beth Talabisco commending Peyton Whitfield for her bravery and heroism. (Requested by City Manager Jeffrey L. Miller) d. Presentation of a proclamation by Mayor Beth Talabisco proclaiming October 11-15, 2010 as "National School Lunch Week". (Requested by Mayor Beth Talabisco) e. Presentation of a proclamation by Mayor Beth Talabisco proclaiming October 2010 as "Fire Prevention Month". (Requested by Division Chief Jeff Moral) f. Presentation of a proclamation by Mayor Beth Talabisco proclaiming September 2010 as "National Childhood Obesity Awareness Month". (Requested by Mayor Beth Talabisco) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell reported that she had attended five civic meetings and thanked the department directors and staff for providing her with useful information to take to these meetings and for resolving issues that had arisen in certain communities. Page 1 of 4 City Commission Regular Meeting September 22, 2010 Commissioner Bushnell spoke of the exceptional cooperation between the different departments and BSO in resolving a recent unpleasant issue in her district. b. Commissioner Gomez reported that she attended the BSO Patriot Day Memorial I Service as well as the memorial held at the Moose Lodge in commemoration of 9/1 land both were very moving. c. Commissioner Glasser had no report. d. Vice Mayor Dressler had no report. e. Mayor Talabisco reminded everyone that there are still two more months in hurricane season and we should remind our residents not to become complacent and remain prepared. Mayor Talabisco said Commissioner Gomez has been out in the community and recently attended a meeting in the Woodlands and heard that Commissioner Gomez along with Deputy City Manager Cernech, Community Development Director Bramley and Assistant City Attorney Horowitz did a wonderful job and the meeting was quite productive. 3. CITY ATTORNEY REPORT: City Attorney Goren reported that his law firm has sued the City of Tamarac and wants the record to reflect the reason why. City Attorney Goren said the law firm on behalf of Tamarac is the escrow holder in one of the deposits with regard to the three purchases in Tamarac Village all three transactions were cancelled by the city and two of the three had no objections to returning the deposit moneys back to the City, except for the third. That property owner's name is Bernardo ' Maribona, also known as Trustee for B Commercial Inc., a dissolved Florida corporation. The firm acted as the escrow depository for $50,000 + and when we requested the release from the seller, the seller refused to allow the release of the funds, or raised objections under the contract. There are no legally based objections available but from the stand point of protecting the City's interest the only option available to us was to file an inter -pleader action. An inter -pleader basically says that we have to actually deposit those funds into the court registry with the Clerk of the Courts and any interested parties may make a claim against it to seek a refund of the money. Unfortunately, we just could not return the monies back to the City without having it court ordered. At this point we have actually had to engage outside council and have retained the firm of Johnson Anselmo to defend the City with regard to the actual party interest. The action is filed and was served on the Mayor the other day and to the extent that the public record this morning should reflect the fact that the law firm, of which I am a member, is suing the City. It is a nominal issue but an issue on the record that the newspapers in this community may think there is something more to it than what it really is. It is their fullest expectation that they will collect all fees, all expenses, all costs associated with going through this process. This is the first time in his career that he ever sued a client and it is not really a lawsuit in that regard, but it is the first time ever in a deposit case where this has actually happened. City Attorney Goren said it is unfortunate the City has to go through an unnecessary process to get its money back. City Attorney Goren said a judge will be assigned and Joel Fass, from the law firm of Colodny Fass Talenfeld Karlinsky & Abate, is acting as the escrow agent's council and Michael Burke will be acting as Tamarac's council and they will collectively be going after Mr. Maribona to get the money back. The money is preserved; it is in a bank account. City Attorney Goren said the lawyer representing the seller of the Page 2 of 4 City Commission Regular Meeting September 22, 2010 property is Luciano Isla. Mr. Isla is the lawyer that represents the various waste companies and is the attorney handling the Ace Waste lawsuit against the City. City Attorney Goren said he regrets having to do this, but they will make every effort to make ' sure that Tamarac remains completely whole. 4. CITY MANAGER REPORT: City Manager Miller said that Community Development reports they have been notified of two grant awards: $100,000 grant for Residential Disaster Mitigation through the State's Division of Emergency Management and the other grant is for $1.4 million under the Neighborhood Stabilization Program. The Commission will hear more about these programs in the future as staff makes recommendations on the expenditure of funds. City Manager Miller said the sculpture "Under the Shadow of the Big Tree" in Tephford Park is now illuminated with solar lighting. The Dawn and Dusk sculptures at the Community Center should be illuminated sometime next week. Parks and Recreation reports they have been awarded the Media Excellence Award and an award for the promotion of "It Starts in Parks" from the Florida Recreation and Parks Association. Parks & Recreation will be hosting an event called "Play Day" which will be held on September 23`, from 2:00 p.m. to 4:00 p.m. in Tephford Park, this is all part of our "Playful City USA" designation. Utilities Department reports the South Florida Water Management District has awarded Tamarac a grant in the amount of $13,436.50 for Public and Private Water Providers for implementing water saving technologies. 5. PUBLIC PARTICIPATION: There was no public participation. ' 6. CONSENT AGENDA: Vice Mayor Dressler seconded by Commissioner Gomez moved the addition of TR11929 as item 6(c) on the Consent Agenda. City Attorney Goren read TR 11929 by title. A Resolution of the City Commission of the City of Tamarac, Florida, appointing Peter M. Richardson as City Clerk, effective September 30, 2010, or at such date as is mutually agreed upon; providing for conflicts; providing for severability; and providing for an effective date. On roll call Vice Mayor Dressler "yes", Commissioner Bushnell "yes", Commissioner Gomez "yes", Commissioner Glasser "yes" and Mayor Talabisco "yes". Motion carried. Vice Mayor Dressler seconded by Commissioner Gomez moved approval of all items on the consent agenda. On roll call Vice Mayor Dressler "yes", Commissioner Bushnell "yes", Commissioner Gomez "yes", Commissioner Glasser "yes" and Mayor Talabisco "yes". Motion carried. a. APPROVAL OF THE SEPTEMBER 07, 2010 COMMISSION MEETING MINUTES APPROVED b. TR11927 — BSO LOGISTICS WAREHOUSE SUPPLIES. A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the Fire Rescue Department to purchase medical and firefighting supplies from Broward County Sheriffs Office, Fire Rescue Division Logistics Warehouse during FY11, in an amount not to exceed one hundred thousand ($100,000.00) dollars; authorizing the appropriate City officials to ' execute a Liability Waiver for the purchases. RESOLUTION NO. R-2010-124 Page 3 of 4 City Commission Regular Meeting September 22, 2010 c. TR11929 - APPOINTING PETER M. RICHARDSON AS CITY CLERK: A Resolution of the City Commission of the City of Tamarac, Florida, appointing Peter M. Richardson as City Clerk, effective September 30, 2010, or at such date as is mutually agreed upon; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R-2010-125 City Manager Miller introduced Peter Richardson and gave a brief synopsis of his qualifications. All welcomed Mr. Richardson and said they are delighted to have him on board and are looking forward to working with him. Mr. Richardson thanked everyone and said he is looking forward to working in Tamarac as the City Clerk. 7. REGULAR AGENDA. There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCES(S) — FIRST READING. There were no Ordinances — First Reading items scheduled for this meeting. 9. PUBLIC HEARING(S). There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) — SECOND READINGS a. T02207 - PUBLIC SCHOOL CONCURRENCY: Motion to adopt an Ordinance of the City of Tamarac, Florida, on first reading amending Chapter X Article VI entitled, "Land Development and Consistency Standards" of the City of Tamarac Land Development Code, by creating Section 10-333, "Public School Concurrency", establishing public school facilities concurrency requirements; providing for inclusion in the code; providing for severability; providing for conflict; and providing for an effective date. City Attorney Goren read Temporary Ordinance 2207 on second reading by title. Commissioner Glasser seconded by Commissioner Gomez moved adoption. On roll call Commissioner Gomez "yes", Commissioner Bushnell "yes', Vice Mayor Dressler "yes", Commissioner Glasser "yes' and Mayor Talabisco "yes'. Motion carried. ADOPTED ON FIRST READING SEPTEMBER 7, 2010 ADOPTED ON SECOND READING SEPTEMBER 22, 2010 ORDINANCE NO.0-2010-18 11. QUASI-JUDICIAL HEARING(S): There were no quasi-judicial hearing items scheduled for this meeting. 12. OTHER: There being no other business to come before the Mayor and City Commission, Mayor Talabisco adjourned the regular meeting of the City Commission at 10:05 a.m. 499 Beth Talabisco, Mayor atricia TeufeI Interim City Cler Page 4 of 4 City Commission Regular Meeting September 22, 2010 1 GAR. BRENDA C. SNIPES 4MBO BROWARD COUNTY WITH CONFIDENCE ! SUPERV/SOR OFELECT/ONS J1❑ OUR COAL THROUGH OUR REPORTS, WE WISH TO UPDATE AND INFORM BROWARD COUNTY VOTERS ON VALID STATISTICS IN ORDER TO INCREASE PARTICIPATION AND VOTER TURNOUT. APPROXIMATE STATISTICS AS OF SEPTEMBER 21, 2010 Democrats ......................................................547, 574 Republicans...................................................246,166 Others.............................................................245, 017 Total.............................................................1,038,757 VOTER TURNOUT September 10, 2002....... 22.36% September 5, 2006....... 11.68% November 5, 2002.......... 45.38% November 7, 2006........ 44.55% August 26, 2008....... 11.41% November 4, 2008.... 73.34% City of Tamarac Election Statistics Election Date Number of Voters Ballots Cast Percentage 8/24/201 Q 1 34793 6829 20% 11 /4/2008 38823 29531 76% 8/26/2008 38191 5338 14% 11/7/2006 37938 19070 50% 9/5/2006 40902 6969 17% GENERAL ELECTION NOVEMBER 2, 2010 2010 EARLY VOTING Nww Hours Monday - Siturday o�i �*- m+a o�sda.r sM^_ Eo�o 11 cOOAM — 7:.00PM AM®rr All+arlure Rwi4RlCh L16eary R<9iolaM L3beseY E4W f44wk ra,x...a.a (IwY i"' �} axsa "s 3151 UnAwealely o.i..a R. 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Malels� R 3A3i6-E103 THREE WAYS A VOTER CAN VOTE • Absentee Ballot Early Voting • Election Day ELECTION DAY CHECK -IN EViD Machine • Serves as a check and balance to the voting process. • Provides a complete paper trail for every step of the voter check -in process. • Speeds up the voter check -in process, and voting experience as a whole. • Easy -to -read touch screen keyboard • Signature capture • Magnetic pad stripe reader to read Florida driver licenses CURRENT VOTING PROCESS Vote in privacy booth using —� writing utensil provided. AOL The voter will insert the ballot into the DS 200 optical scanning machine. WAYS TO VOTE ON ELECTION DAY FOR THE 2010 ELECTIONS DS 2QQ Scanner ADA Compatible il/otwro is 41 LTM IT &61:J M -ilTi • Polling Places (FL statutes 101.715) 793 Precincts • Election Day Workers (FL statute 102.012) Clerk ($200) Voting System Techs ($200) Assistant Clerk ($170) Field VST Super Clerks($200 + mileage) Poll Deputy ($160) Bilingual / Inspectors ($165) • Training of Election Day Workers (FL statute 102.014) • Poll Worker Recruitment • Hispanic and Creole speaking poll workers needed • Who's eligible? All Broward County registered voters • How to request an absentee ballot 954-357-7055, 24 hours a day, 7 days a week • Deadline to request an absentee ballot is on Wednesday prior to an election by 5:00 p.m. • Absentee Ballot not counted for: 1. No signature 2. Late return All ballots need to be returned to the Supervisor of Elections office by 7:00 p.m. on Election Day • Registered voter requests an absentee ballot • Relia-Vote processes the absentee ballot • Ballot is delivered to the post office • Post office delivers ballot to the residence • Voter can mail or hand deliver the ballot to the Supervisor of Elections office by 7:00 p.m. on election night • Supervisor of Elections office receives and verifies • Ballot is tabulated on election night • Ballots cannot be dropped off at a polling place • Election night, the results are released Election Connection Look for the Election Connection in a neighborhood near you. Please contact our Voter Education Department to schedule at 954-712-1980. The Broward County Supervisor of Elections website has many informative and useful tools for our citizens. www.browardsoe.org