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HomeMy WebLinkAbout2011-03-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, MARCH 9, 2011 CALL TO ORDER: Vice Mayor Bushnell called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, March 9, 2011 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. Vice Mayor Bushnell noted that she was chairing this evening's City Commission meeting due to the gubernatorial suspension of Mayor Talabisco earlier today. PRESENT: Vice Mayor Pamela Bushnell, Commissioner Michelle J. Gomez, Commissioner Diane Glasser and Commissioner Harry Dressler. ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel S. Goren and City Clerk Peter M.J. Richardson. PLEDGE OF ALLEGIANCE: Vice Mayor Pamela Bushnell led the Pledge of Allegiance, followed by a moment of silence in memory of Mr. Ron Hawthorn, a long- time Tamarac resident and diligent member of the Tamarac Chamber of Commerce. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Vice Mayor Pamela Bushnell proclaiming March 2011 as "Purchasing Month". (Requested by Purchasing/Contracts Manager Keith Glatz) b. Presentation to the Mayor and Commission of the Broward County Board of County Commissioners 2010 Emerald Award Certificate - Climate Change Leader Category. (Requested by Public Works Director Jack Strain) Vice Mayor Bushnell thanked all persons in attendance for attending this evening's meeting and called upon Mr. Goren for an update. Mr. Goren stated that certain charges had been filed against Beth Talabisco earlier today, resulting in the suspension of Ms. Talabisco as Mayor of Tamarac by Florida Governor Rick Scott. He noted that under the terms of the Tamarac City Charter, Vice Mayor Bushnell was Acting Mayor, with all of the applicable duties, powers and responsibilities until such time as the City Commission made an appointment to fill the temporary vacancy in the position of Mayor. Following discussion by the members of the City Commission, there was agreement to take up the matter of the appointment of Mayor of the City of Tamarac at the conclusion of the regular agenda at this evening's meeting. Page 1 of 8 REGULAR COMMISSION MEETING March 9, 2011 2. CITY COMMISSION REPORTS a. Commissioner Gomez: Reported that she had enjoyed the opportunity to participate in the recent "Blue Run" event and to attend the Woodlands Special Neighborhood Improvement District meeting, both held on February 26th. She also thanked her colleagues and City staff for a fruitful quarterly update meeting held on March 3ra b. Commissioner Glasser: Noted that the University Hospital Board of Directors were cancelled twice during the past two weeks. Commissioner Glasser also stated that she had been nursing a serious cold for the past two weeks. c. Commissioner Dressler: Stated that it had been his pleasure to throw out the first ball for the first game of the 2011 season of the Tamarac Little League. He said he was immensely impressed that over 500 children were participating on teams in a very well run Tamarac's Little League this season. Noted that the Broward League of Cities By -Laws Committee would be meeting tomorrow to consider some potential changes to existing by-laws. Noting that the Broward County Metropolitan Planning Organization (MPO) would be meeting tomorrow, stated that he would provide an update at the next City Commission meeting. Commissioner Dressler also expressed sadness upon the recent loss of Ron Hawthorn, a long-time member of the Tamarac Chamber of Commerce Board and very positive and friendly person. d. Vice Mayor Bushnell: Expressed grateful appreciation to all of the City staff and residents who had attended the District 1 community meeting on March 2nd at the Mainlands 1 and 2 Clubhouse. She also stated that the recent Quarterly Update meeting on March 3rd provided a very good update on strategic planning and related issues. Vice Mayor Bushnell also reported that more than 100 children and their families attended last night's fund-raiser event at a local restaurant. Expressed heartfelt condolences to Ron Hawthorn's wife, Maria, upon Mr. Hawthorn's recent passing. She stated that services for Mr. Hawthorn, a former Chair of the Tamarac Chamber of Commerce, were recently held at the All Saints Lutheran Church on McNab Road. 3, CITY ATTORNEY'S REPORT: Mr. Goren, a member of the Broward County Inspector General selection panel, presented a brief update on the status of the selection process for the position of Broward County Inspector General. He noted that approximately ninety applications were received, which was narrowed down to twenty-five potential candidates. Mr. Goren said that the candidate pool would be further narrowed down to a listing of fifteen candidates. He also noted that the Broward County Board of Commissioners had recently agreed upon a starting salary of $165,000 per year for the individual filling the position of Broward County Inspector General. Page 2 of 8 REGULAR COMMISSION MEETING March 9, 2011 1 u 4. CITY MANAGER'S REPORT: Mr. Cernech said that today was a sad evening for the City of Tamarac and the City Commission, given the suspension of Beth Talabisco as Mayor by Governor Scott earlier in the day, in accordance with Florida law. Mr. Cernech also noted that Tamarac Firefighter of the Year Paul Kelly and other representatives from the Tamarac Fire Rescue Department would be participating in the Delray Beach St. Patrick's Day Parade. He also congratulated Driver Engineer John Dowling upon his retirement, following thirty years of service to the Tamarac Fire Rescue Department. Mr. Cernech also noted that a group of volunteers from Temple Beth Torah had volunteered to adopt and maintain half of a box at the Tamarac Community Garden, adjacent to the Caporella Aquatic Center. He also invited all interested persons to attend the free Tamarac at Twilight concert event on Friday, March 18th, between 7:00 and 9:00 p.m., at the Tamarac Sports Complex, featuring the Jay Blues Band. He also extended an invitation for all interested parties to attend the non -denominational Pet Blessing event on Saturday, March 26th, between 10:00 a.m. and 1:00 p.m., at the Gary B. Jones Park for People and Pups. Mr. Cernech noted that proceeds would benefit Family Central. Mr. Cernech also stated that the Relay for Life Tamarac event would be taking place on Saturday, April 2, 2011, commencing at 1:00 p.m., at the University Hospital, located at 7201 North University Drive, with proceeds benefitting the American Cancer Society. Mr. Cernech stated that the City's Utilities Department, in anticipation of possible upcoming EPA regulations, had recently tested the City's water supply for the potential presence of hexavalent chromium. He noted that none of this compound was detected in the City of Tamarac's water supply. Mr. Cernech also reported that the City of Tamarac's four drinking water storage tanks had recently been cleaned and inspected, with no need for repairs indicated at this time. 5. PUBLIC PARTICIPATION: Patti Lynn noted a number of upcoming community events including the Key Club Car Wash event on Saturday, March 26 at the local Chic-Fil-a Restaurant and the Women's History Month at the Riverside Hotel in Fort Lauderdale on Saturday, March 27th. Expressed best wishes to Vice Mayor Bushnell and the members of the City Commission in their selection process for Mayor. Joe Schreiber wished Acting Mayor Bushnell well in her new capacity and offered his personal assistance to the Mayor. Dr. Marcia Becker said she did not favor any potential changes to the City's neighborhood partnership process. Page 3 of 8 REGULAR COMMISSION MEETING March 9, 2011 Sheldon Kulik requested additional information regarding the City's regulations pertaining to screening of air conditioning units. Mr. Cernech said that Director of Community Development Jennifer Bramley would be pleased to provide details to Mr. Kulik about the City's screening requirements for air conditioners and mechanical equipment. Judy Margolis expressed concern about (1) the proposed Tamarac Village project and (2) the Woodlands Safe Neighborhood Improvement District and projects which would not benefit the community as a whole. Acting Mayor Bushnell requested that Item 11 a be moved forward for consideration earlier on the agenda. Mr. Goren stated that fruitful and productive discussions were ongoing relative to the Generic Depot agenda item. He suggested that the City Commission consider continuing the item until the March 23, 2011 meeting. 11. QUASI-JUDICIAL HEARING(S) a. "GENERIC DEPOT" - BUSINESS LICENSE TAX RECEIPT: Action taken by the City Commission, of the City of Tamarac, Florida permanently revoking the Business License Tax Receipt of Generic Depot 3, Inc., ("Generic Depot") located at 8225 North Pine Island Road, Tamarac, Florida, in accordance with Section 12-44 (a) and (b) of the City of Tamarac Code of Ordinances. DEFERRED FROM THE JANUARY 26, 2011 MEETING TO THE MARCH 9, 2011 MEETING. Commissioner Dressler moved, seconded by Commissioner Gomez, to continue consideration of item 11 a to the March 23, 2011 City Commission meeting. The motion was approved unanimously (4-0). DEFERRED FROM THE MARCH 9, 2011 MEETING TO THE MARCH 23, 2011 MEETING 6. CONSENT AGENDA Commissioner Glasser moved, seconded by Commissioner Gomez, to approve the Consent Agenda as presented. The motion was approved unanimously (4-0). a. APPROVAL OF THE FEBRUARY 23, 2011 REGULAR COMMISSION MEETING MINUTES: APPROVED b. TR11971 - AGREEMENT WITH NORTH LAUDERDALE FOR FIRE FLEET MAINTENANCE SERVICES: A Resolution of the City Commission of the City of Tamarac, Florida, approving an Interlocal Agreement between the City of Tamarac and the City of North Lauderdale providing for Fleet Maintenance and Repair Services for the North Lauderdale Fire Department; authorizing the appropriate City Officials to execute said Agreement and take all steps necessary to effectuate the intent of the Resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-23 Page 4 of 8 REGULAR COMMISSION MEETING March 9, 2011 c. TR11995 - GRANT APPLICATION TO THE NATIONAL URBAN AND COMMUNITY FORESTRY PROGRAM: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to submit an application to the Florida Department of Agriculture and Consumer Services — Division of Forestry for National Urban and Community Forestry Program Grant Funds for the development of a tree inventory and management plan in an amount not to exceed $20,000, providing for a one-to-one match in local funds in the event of approval of the application; providing for authorization to accept the award and to execute the necessary documents upon approval; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-24 d. TR11992 - AMENDMENTS TO THE NEIGHBORHOOD PARTNERSHIP PROGRAM POLICY: A Resolution of the City Commission of the City of Tamarac, Florida approving the Program Policy for the Neighborhood Partnership Program; authorizing and directing the Mayor or in her absence, the Vice -Mayor to approve the policy, providing for conflict; providing for severability; and providing an effective date. RESOLUTION R-2011-25 e. TR12000 - SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION REFORM: A Resolution of the City Commission of the City of Tamarac, Florida supporting amendments to Chapters 175 and 185 to provide cities with the right to provide pension benefits determined through collective bargaining; to permit cities to utilize insurance premium tax revenues to pay for police and firefighter pensions without restrictions or mandates; to prohibit the State Division of Retirement from imposing policies and mandates resulting in cost increases; to recognize Home Rule Powers of cities; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-26 7. REGULAR AGENDA: There were no items scheduled on the Regular Agenda for this evening's meeting. 8. ORDINANCE(S) — FIRST READING a. T02221 - EXPEDITED PERMITTING FOR QUALIFIED BUSINESSES: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida on first reading amending Chapter 5 of the City's Code of Ordinances, entitled "Buildings and Building Regulations" by creating Section 5-35, to be entitled "Expedited Permitting for Qualified Businesses"; providing an expedited permitting process for certain qualified new, expanding or relocating businesses; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02221 by title. Commissioner Dressler moved, seconded by Gomez, to approve T02221 on first reading. Public & Economic Affairs Office Bems made a brief presentation regarding the proposed ordinance. The motion was approved unanimously (4-0). PASSED ON FIRST READING MARCH 9, 2011 Page 5 of 8 REGULAR COMMISSION MEETING March 9, 2011 9. PUBLIC HEARING(S): There were no items scheduled on Public Hearing(s) for this evening's meeting. 10. ORDINANCE(S) — SECOND READINGS a. T02220 - SUNSETTING PUBLIC INFORMATION COMMITTEE: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second reading amending Chapter 2 of the City of Tamarac Code of Ordinances entitled, "Administration", Article III "Boards, Committees, Commissions", by deleting in its entirety Division 6 entitled, "Public Information Committee", Sections 2-176 through 2- 184; providing for sunsetting the Public Information Committee; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02220 by title. Commissioner Glasser moved, seconded by Commissioner Gomez, to approve T02220 on second reading. Vice Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion was approved unanimously (4-0). PASSED ON FIRST READING FEBRUARY 23, 2011 PASSED ON SECOND READING MARCH 9, 2011 ORDINANCE 0-2011-03 12: OTHER: Mr. Goren noted that the position of Mayor was temporarily vacant in a legal sense. He stated that the Acting Mayor and City Commission, under the provisions of the Tamarac City Charter, were required to appoint an Acting Mayor of the City of Tamarac. Mr. Goren said that the Acting Mayor and City Commissioners could elect to select a Mayor from their collegial body or appoint a duly qualified City of Tamarac resident not presently serving as a member of the Tamarac City Commission. He also noted that the City Commission could act on the matter either this evening or at a date and time in the future, determined and publicly announced by the Mayor and City Commission. Commissioner Glasser said that it was her view that the City Commission had the requisite experience to make a selection from the members of the Tamarac City Commission. Commissioner Gomez concurred with the concept of selecting the Mayor from the members of the Tamarac City Commission. Commissioner Dressler moved, seconded by Commissioner Gomez, for the Tamarac City Commission to select the Mayor from the four (4) members of their collegial body. The motion was approved unanimously (4-0). Commissioner Dressler inquired whether it was correct that when a member of the City Commission was appointed Mayor, they would not need to resign from their existing City Commission District seat. Mr. Goren said this was correct. Page 6 of 8 REGULAR COMMISSION MEETING March 9, 2011 Vice Mayor Bushnell opened the floor for City Commission comment regarding the suggested timing process for proceeding with the appointment of Mayor. Commissioner Gomez suggested that the City Commission attempt to move forward with the appointment at this evening's meeting. Commissioner Glasser suggested that the Vice Mayor and City Commissioners potentially decide on the matter tomorrow, after a night's sleep to review the matter. Commissioner Dressler suggested the possibility of determining whether or not the Vice Mayor and the three City Commissioners were potentially interested in serving in the capacity of Mayor. Commissioner Glasser noted that she was not personally interested in potentially serving in the position of Mayor at this time. Mr. Goren said if the Vice Mayor and City Commission chose to move forward with the appointment this evening, individual Commissioners could nominate themselves or fellow colleagues to potentially serve in this capacity. Both Commissioner Dressler and Vice Mayor Bushnell indicated that they were each potentially interested in serving as Mayor of Tamarac. Commissioner Gomez also said she would be pleased to serve as Mayor, if requested to do so, in the best interest of the community's residents. Commissioner Gomez suggested that the City Commission move -forward with the decision making process this evening, since Commissioner Dressler, and perhaps other City Commissioners also, had fairly busy schedules for the balance of this week. Vice Mayor Bushnell suggested recessing the meeting until 8:30 p.m. to permit members of the City Commission to reflect on the decision making process. Mr. Goren reminded all persons in attendance about the Florida Sunshine Law, which prohibited the interaction of elected officials for crystallization of decision making on matters potentially coming before the City Commission in the future. He suggested that the members of the City Commission potentially go to their individual offices to call family and friends during the recess period. Commissioner Dressler inquired whether Commissioner Glasser was comfortable with the proposal to move forward with the decision making process this evening. Commissioner Glasser reiterated her desire for the Vice Mayor and City Commission to sleep on the decision overnight, with a potential decision on the matter tomorrow. Vice Mayor Bushnell suggested that the City Commission take a recess until 8:45 p.m. this evening. Commissioner Dressler moved, seconded by Commissioner Gomez, to recess the meeting until 8:45 p.m. The motion was approved unanimously (4-0). There was a meeting recess between 8:17 and 8:50 p.m. The meeting reconvened at 8:50 p.m. with Vice Mayor Bushnell calling the proceedings to order, with Commissioners Harry Dressler, Diane Glasser and Michelle J. Gomez in attendance. Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and City Clerk Peter M. J. Richardson. Commissioner Glasser said although she did not have as much time as she wanted to make the decision, she nonetheless felt comfortable with the decision she had reached relative to this matter. Commissioner Glasser said that she admired all three of her colleagues for their willingness to potentially serve as the Mayor of Tamarac and were all well -qualified to serve in this capacity. She noted that Vice Mayor Bushnell had Page 7 of 8 REGULAR COMMISSION MEETING March 9, 2011 temporarily taken over the position of Mayor while the Mayor was unavailable due to illness. Commissioner Glasser stated that she would be voting for Vice Mayor Bushnell to serve as Mayor. Commissioner Gomez made a motion to appoint Vice Mayor Pamela Bushnell as Mayor. She stated that Vice Mayor Bushnell had done a fine job serving as Acting Mayor and Commissioner Dressler would also have done a good job as the City's Mayor. Commissioner Dressler said he would make it unanimous by voting for Vice Mayor Bushnell to serve as Mayor of Tamarac. Commissioner Glasser seconded the motion to appoint Vice Mayor Bushnell as Mayor during the suspension period. The motion to appoint Vice Mayor Bushnell as Mayor was approved unanimously (4-0). Mayor Bushnell said she appreciated the vote of confidence from her colleagues. Mr. Goren said the Mayor and City Commission had prepared a memorandum to publish a notice of the temporary legal vacancy for the District 1 for the balance of the suspension period. He also noted that the City Commission needed to appoint a Vice Mayor in the relatively near term. Mr. Cernech said that City staff would coordinate the City Commission's schedule to fill the legally temporary vacant City Commission Seat 1, with the appropriate deadline for applications and related process for interviewing applicants to fill the seat. Commissioner Glasser inquired about the vacancy in the position of Vice Mayor. Mr. Goren said it was the City Commission's prerogative to fill this vacant seat at a time determined by the Mayor and City Commission. Mayor Bushnell inquired about the desire of individual members of the City Commission, relative to potentially serving as Vice Mayor. Neither Commissioner Dressler nor Commissioner Glasser expressed a desire to serve in the capacity of Vice Mayor. Commissioner Gomez said she would be pleased to serve as Vice Mayor. Commissioner Glasser moved, seconded by Commissioner Dressler, to appoint Commissioner Gomez as Vice Mayor. The motion to appoint Commissioner Gomez as Vice Mayor was approved unanimously (4-0). There being no other business to come before the City Commission, Mayor Bushnell adjourned the regular meeting of the City Commission at 9:03 p.m. Pamela Bushnell, Mayor ll \\0 X T AMA qq Peter Richardson, CRM, CMC = U' PB�\SNeD.: o City Clerk : ESQ g3 9,9.0 C VN`\`� Page 8 of 8 REGULAR COMMISSION MEETING March 9, 2011