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HomeMy WebLinkAbout2010-11-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, NOVEMBER 10, 2010 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 7:02 p.m. on Wednesday, November 10, 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 Assistant City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Glasser led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming November 2010 as "Interfaith and Community Leadership Council Month". (Requested by Mayor Beth Talabisco) b. Presentation of proclamation by Mayor Beth Talabisco proclaiming November 10, 2010 as "Neighborhood Stabilization Program Day". (Requested by Mayor Beth Talabisco) c. Presentation of a proclamation by Mayor Beth Talabisco commending and congratulating the Tamarac Senior Division Girls Softball Team for an outstanding season. (Requested by Commissioner Michelle J. Gomez) d. Presentation of a proclamation by Mayor Beth Talabisco commending the Tamarac Little League All -Star Team Making the Section 8 State Tournament. (Requested by Commissioner Michelle J. Gomez) 2. CITY COMMISSION REPORTS a. Commissioner Bushnell reported that she attended the Taste of Tamarac as well as a dinner at the Moose Lodge benefiting Kids in Distress. Commissioner Bushnell commented that over the last four months Commissioner Gomez has worked very hard and it is a pleasure to have her on the Commission. b. Commissioner Gomez said she is honored to serve on this Commission. Commissioner Gomez said she attended the Taste of Tamarac as well as the Halloween Hoopla and BSO's National Night out on October 30th and both were very well attended. Commissioner Gomez thanked Community Development Director Bramley for speaking about the Lien Amnesty Program at a recent homeowner association meeting. c. Commissioner Glasser attended the Advisory Council of the Area Agency on Aging of Broward County and urged everyone to attend their functions as they are very involved in helping aging people with many different issues. She also attended a meeting of the Board of Trustees for University Hospital and said the hospital has come a long way and has the potential to be great in the future. Commissioner Glasser also attended the Page 1 of 6 City Commission Regular Meeting November 10, 2010 Community Garage Sale on October 28th and said it was very well attended but parking was a challenge because of early voting at the library. Commissioner Glasser said she had the pleasure of nominating Commissioner Bushnell for Vice Mayor on Monday and commented that Vice Mayor Dressler did a tremendous job last year. d. Vice Mayor Dressler said he recently had breakfast with Representative Ad Porth and Deputy City Manager Cernech to discuss the northern extension of the Sawgrass Expressway and believes it is a great idea with huge benefits to Tamarac and other cities. Vice Mayor Dressler said given the Woodmont Golf Course concerns and fears about its future, there are people who are looking at the possibility of establishing an umbrella HOA organization, like some other districts have, and they are also looking at possible ways of asking the Commission to pass enabling legislation that would allow them to organize a neighborhood improvement district and he is trying to facilitate a relationship with those individuals and staff. Vice Mayor Dressler said he will be hosting a Town Hall meeting at the Community Center on December 7th for everyone in Woodmont to hear about these concepts. Vice Mayor Dressler said he recently received Governor Elect Scott's Seven Point Program and Point #5 is a strategy having to do with cities and their ability to raise revenues and together with other programs in the Senate will prove challenging in the future. Vice Mayor Dressler will keep his eye on this so that he can bring back ideas to staff and colleagues. e. Mayor Talabisco said it was very rewarding to see a room full of people with whom we partnered and helped change their lives. Mayor Talabisco recognized Richard and Maryanne from St. Malachy's and Joel Davidson of Kiwanis who have been very supportive of the Interfaith Leadership and Community Council and getting new members to join. Mayor Talabisco recognized Percy Johnson who recently had a transplant and said it is very encouraging to see him out and about and he is a true community patriot. On December 5th the Transplant Foundation will have its annual holiday party, which she and Jack attend every year, at the Signature Grand where all the families of donors and recipients bring an ornament to decorate a tree in honor of a loved one. On a personal note the Mayor said that Jack will be celebrating his 70tn birthday on Sunday and celebrating 4 years of being a heart transplant recipient. Mayor Talabisco announced that at the workshop on Monday Public Works Director Strain reported that the City is the recipient of a $150,000 grant to landscape the Commercial Boulevard Turnpike overpass. Mayor Talabisco spoke with Elisabeth Hassett, FDOT, and thanked her for the assistance she provided in obtaining the grant. Mayor Talabisco said there was an article in Tuesday's New York Times entitled "At Legal Fringe — Empty Houses Go To The Needy" which spoke about North Lauderdale, FL and asked City Attorney Goren to speak on the issue further. Mayor Talabisco wished everyone a Happy Thanksgiving. Commissioner Bushnell asked Vice Mayor Dressler if his Town Hall meeting was exclusive to Woodmont residents to which he replied that it is open to the public and anyone can attend. 3. CITY ATTORNEY REPORT: City Attorney Goren said that the article in Times relates to a conundrum which is occurring throughout the State of Florida where there is a plethora of foreclosed homes. What is happening is that certain groups of people, under a law that was passed back in the 1800's called Adverse Possession, are taking over abandoned properties and leasing them to third parties for profit. The concept was 1 Page 2 of 6 City Commission Regular Meeting November 10, 2010 that it would be great if local government would embrace the fact that someone is living in and maintaining the property and should not be offended by the fact that the person leasing the property does not own it. Unfortunately, the folks that are in the homes are trespassing on privately owned property and the gentleman in the article has been charged with crimes. City Attorney Goren said on Monday a memo was distributed to the Commission regarding the Broward County Ethics Code. City Attorney Goren reminded the Commission that there were several different items placed on the November 2"d ballot by the County Commission: 1) the impressing of the County Ethics Codes on cities; 2) the creation of the Office of the Inspector General and 3) the application of the Ethics Code, all of which were passed by the voters. What happens now is the County Ethics Code, although it may apply to County Commission, has yet to be applied to the cities until the County Commission adopts its own Ordinance. This means that when the County Commission implements the voter's decisions, it will become effective on the City of Tamarac, even though Tamarac has an ethics code of its own. City Attorney Goren gave a review of the provisions of the County Ethics Code relating to the following topics: 1) the acceptance of gifts; 2) outside or concurrent employment; 3) lobbying disclosure obligations; 4) charitable donation limitations and disclosure; and 5) obligations regarding procurement and selection that City Commissioners, and now County Commissioners, cannot get involved in the selection process of the engagement of outside experts or vendors. City Attorney Goren said the Commission will be hearing more about these very soon as the County Commission is going to propose an ordinance in the next week or two to essentially implement this particular provision to apply to cities. We will not know the particulars until we see the Ordinance. City Attorney Goren said the memo goes into detail regarding what the County Code says and how it might be applied to the cities, much will be decided when we get the actual ordinance from Broward County, which will be carefully reviewed and the Commission will be briefed thereafter. There has been no legal challenge to the provision and at this particular point it is considered to be good law, until otherwise looked at differently by the courts. City Attorney Goren said the final version of the Ethics Code for the County is attached to the memo for their review and pointed out this not only applies to the Commission but will also apply to employees. City Attorney Goren read the portion of the Ethics Code regarding the solicitation of funds for a charitable organization and addressed the concerns expressed by the Commission. 4. CITY MANAGER REPORT: City Manager Miller reported that BSO conducted a DUI check point on October 29th on W. Commercial and Rock Island between 9:30 p.m. and 3:00 a.m. 433 vehicles were pulled over and about 200 citations were issued for various violations along with 12 arrests. On Wednesday November 17th from 7:00 a.m. to 4:00 p.m. BSO, along with various other agencies, will run an unlicensed contractor check. Tamarac Fire Rescue reports that during the month of October Challenger and Tamarac Elementary 5th grade students participated in the annual 5th grade fire safety poster contest and the winners will get a tour of Station 15 with Ferraro's Italian Restaurant providing food. Upcoming Events: The Veteran's Day Ceremony will take place at 10:30 a.m. on Thursday, November 11th at Veteran's Park; the 30th Annual Turkey Trot will take place Thanksgiving morning at 7:30 a.m. and there will be a food drive at the event; the holiday lighting ceremony "Light Up Tamarac" will take place Tuesday, November 30th at 6:00 p.m. at the Community Center. City Manager Miller reported that Page 3 of 6 City Commission Regular Meeting November 10, 2010 the Halloween Hoopla and BSO National Night Out event held at the Parks & Recreation Building was attended by 2,000 people. City Manager Miller reported that the following projects have been completed: Sports Complex Solar Lighting Project; Skate Park; City Hall Atrium Roof Project and Multi Purpose Center Roof Project. The commission will be updated on other work that needs to be done to the Multi Purpose Center. 5. PUBLIC PARTICIPATION: Drue Landers, 7808 NW 74th Ave., Tamarac, FL, introduced herself as a representative of the Broward County Cancer Society and Chair for the 2011 Relay for Life. Ms. Landers thanked the Mayor and Commissioners for the support that Tamarac has given Relay for Life in the past and is looking forward to working with Tamarac this year. Cody Zak, 11460 NW 36th Place, Sunrise, FL asked how the landscaping at Commercial Blvd. and the Turnpike will benefit Tamarac and what the crime and unemployment rates are in Tamarac. Public Works Director Strain said the landscaping will make the area more aesthetically pleasing; Mayor Talabisco asked Cody to speak with Chief Duguay at the end of the meeting regarding the crime rate and City Manager Miller said the unemployment rate in Tamarac is 12% which mirrors the rest of Broward County. 6. CONSENT AGENDA: Vice Mayor Dressler seconded by Commissioner Gomez moved the addition of TR11930 item 6(c) on the Consent Agenda as Amended to reflect the selection of Commissioner Bushnell as Vice Mayor commencing on November 17, 2010 through November 2011. On roll call Commissioner Glasser "yes", Commissioner Bushnell "yes", Commissioner Gomez "yes", Vice Mayor Dressler "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 Commissioner Glasser "yes", Commissioner Bushnell "yes", Commissioner Gomez "yes", Vice Mayor Dressler "yes", and Mayor Talabisco "yes". Motion carried. a. APPROVAL OF THE OCTOBER 27, 2010 REGULAR COMMISSION MEETING MINUTES APPROVED b. TR11945 FINANCIAL ADVISORY SERVICES: A Resolution of the Commission of the City of Tamarac, Florida approving an agreement, authorizing the appropriate City Officials to City of Tamarac and Larson Consulting services for a period of three years ending additional one (1) year renewal periods; severability; and providing for an effective date. RESOLUTION R-2010-140 execute said agreement between City and the Services, LLC, for financial advisory on September 30, 2013, with two (2) providing for conflicts; providing for c. TR11930 - ELECTION OF VICE MAYOR: A Resolution of the City Commission of the City of Tamarac, Florida, electing a Vice Mayor to serve a term of one year beginning November 17, 2010 and ending November 2011, with no succession; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2010-141 u C Page 4 of 6 City Commission Regular Meeting November 10, 2010 d. TR11950 - AUTHORIZING THE EXECUTION OF THE 2010 EDWARD BYRNE JUSTICE ASSISTANCE GRANT MEMORANDUM OF UNDERSTANDING: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve and execute a Memorandum of Understanding for the 2010 Edward Byrne Justice Assistance Grant (JAG) between the City of Tamarac and the Broward Sheriffs Office for the period of October 1, 2010 through September 30, 2013; authorizing the Broward Sheriffs Office to continue to serve as the lead agency and provide for the administration of the 2010 Edward Byrne Justice Assistance Grant (JAG); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2010-142 e. TR11906 - RESOLUTION RE ESCHEATED PROPERTY: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing appropriate City Officials to take all necessary action to accept that certain Quit Claim Deed from Arnold Rothstein and Rita Rothstein, husband and wife, reverting title to the City of Tamarac, Florida, a sliver of escheated property mistakenly transferred to the Rothstein's by virtue of a Quit Claim Deed recorded in Official Records Book 44918, Page 1825 of the Public Records of Broward, County, Florida; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2010-143 f. TR11948 - LIEN AMNESTY PROGRAM: A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing a Lien Amnesty Program during a period of six months beginning December 1, 2010 through June 1, 2011; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2010-144 7. REGULAR AGENDA — There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) — FIRST READING a. TO2215 GENERAL EMPLOYEES' PENSION PLAN AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida; on first reading amending Chapter 16, Pensions and Retirement, Article III, Employees' Pension Plan, providing for compliance with the Internal Revenue Code; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2215 on first reading by title. Commissioner Bushnell seconded by Commissioner Glasser moved adoption. On roll call Vice Mayor Dressler "yes", Commissioner Gomez "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes" and Mayor Talabisco "yes". Motion carried ADOPTED ON FIRST READING NOVEMBER 8, 2010 b. TO2216 FIREFIGHTERS' PENSION PLAN AMENDMENT: Motion _-to _ adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 16, Pensions and Retirement, Article VI, Firefighters' Pension Plan, providing for compliance with the Internal Revenue Code; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2216 on first reading by title. Commissioner Bushnell seconded by Commissioner Gomez moved adoption. On roll call Page 5 of 6 City Commission Regular Meeting November 10, 2010 Commissioner Glasser "yes", Commissioner Gomez "yes", Vice Mayor Dressler "yes", Commissioner Bushnell "yes" and Mayor Talabisco "yes". Motion carried ADOPTED ON FIRST READING NOVEMBER 8, 2010 c. T02217 POLICE OFFICERS' PENSION PLAN AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 16, Pensions and Retirement, Article VIII, Police Officers' Pension Plan, providing for compliance with the Internal Revenue Code; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02217 on first reading by title. Vice Mayor Dressler seconded by Commissioner Gomez moved adoption. On roll call Commissioner Bushnell "yes", Commissioner Glasser "yes", Commissioner Gomez "yes", Vice Mayor Dressler "yes" and Mayor Talabisco "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 8, 2010 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting 10. ORDINANCE(S) — SECOND READINGS: There were no Ordinance(s) — Second Reading items scheduled for this meeting. 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing(s) items scheduled for this meeting. 12. OTHER: City Manager Miller said that when he went over the construction projects that were completed he neglected to mention that they were completed by the Public Works Department and Public Works Director Strain and his department did a great job and wanted the Commission as well as the public to be aware of it. There being no other business to come before the Mayor and City Commission, Mayor Talabisco adjourned the regular meeting of the City Commission at 8:33 p.m. ikz�, ��. Beth Talabisco, Mayor Patricia TeufeI Assistant City Clerk 1 Page 6 of 6 City Commission Regular Meeting November 10, 2010