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
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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
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Page 8 of 8 REGULAR COMMISSION MEETING March 9, 2011