HomeMy WebLinkAbout2012-05-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, MAY 9, 2012
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 7:03 p.m. on Wednesday, May 9, 2012 in City Commission Chambers, Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Talabisco, Vice Mayor Diane Glasser, Commissioner Pamela
Bushnell and Commissioner Michelle J. Gomez (Arrived at 7:14 p.m.).
ABSENT: Commissioner Harry Dressler.
ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Sam Goren and City
Clerk Peter M. J. Richardson.
PLEDGE OF ALLEGIANCE: Mayor Beth Talabisco led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Legislative Update by Florida Representative (District 94) Hazelle P. "Hazel' Rogers.
b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 14 -
20, 2012 as "National Salvation Army Week". (Requested by Mayor Beth Talabisco)
c. Presentation of a proclamation by Mayor Beth Talabisco commending Firefighter Dan
Mariano for heroism (Requested by Fire Chief Mike Burton)
d. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 20 -
26, 2012 as "Emergency Medical Services Week". (Requested by Fire Chief Mike Burton)
e. Presentation of a proclamation by Mayor Beth Talabisco proclaiming May 19, 2012 as
"National Kids to Parks Day". (Requested by Commissioner Pamela Bushnell)
f. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of May
2012 as "Civility Month". (Requested by Mayor Beth Talabisco)
g. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of May
2012 as "Building Safety Month". (Requested by Chief Building Official Claudio Grande)
h. Mayor Talabisco and the members of the City Commission presented a plaque to
Commissioner Pamela Bushnell in appreciation for her service as Mayor for approximately
one year.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell:
Page 1 of 8 REGULAR COMMISSION MEETING May 9, 2012
Noted that it had been her pleasure to attend the recent grand opening of the new Marshall's
store at Sunshine Plaza last week. Commissioner Bushnell also stated that it had been her
pleasure to attend the annual Prayer Breakfast to honor the families of fallen law enforcement
officers and firefighters. Noted that it had been her pleasure to participate in this year's Relay
for Life event to benefit the American Cancer Society. Commissioner Bushnell also said she
would proudly be participating in the CERT training program and also recently had the
opportunity to learn more about the School Resource Officer (SRO) program in detail.
Expressed best wishes for a happy birthday to Mayor Talabisco and Vice Mayor Glasser.
b. Commissioner Gomez:
Extended best wishes for a Happy Birthday to Mayor Talabisco and Vice Mayor Glasser.
Also extended her wishes for a Happy Mother's Day to all moms, including her own mother
who arrived in Tamarac earlier today.
Noted that she was sorry to have missed this year's
American Cancer Society, but was out of town due to
Gomez also extended congratulations to City Attorney
Broward Senior Hall of Fame earlier today.
c. Vice Mayor Glasser:
Relay for Life event to benefit the
a prior commitment. Commissioner
Sam Goren for his induction into the
Noting that she had recently attended a Board meeting of University Hospital along with City
Manager Cernech, stated that the Hospital's new CEO and staff appeared to be committed to
taking the Hospital facility to its full potential.
Stated that it was her pleasure to attend the District 1 meeting last Wednesday evening at the
Bermuda Club. Noted that she was impressed by the questions asked by the meeting's
attendees.
Extended congratulations to City Attorney Sam Goren for his induction into the Broward
Senior Hall of Fame earlier today.
d. Mayor Talabisco:
Noting that today was her birthday, Mayor Talabisco said she was happy to be healthy and in
attendance at this evening's City Commission meeting. Mayor Talabisco extended
congratulations to City Attorney Sam Goren for his induction into the Broward Senior Hall of
Fame earlier today.
Mayor Talabisco said that Commissioner Bushnell and herself had the honor to attend the
recent Relay for Life event to benefit the American Cancer Society, including the very
emotionally presentation of medals and sashes to cancer survivors and caretakers of
survivors.
Expressed appreciation to Assistant Fire Chief Jeff Moral and his staff for providing detailed
and updated safety information pertaining to the upcoming hurricane season.
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Extended congratulations to the City's Parks and Recreation Department for being
recognized for the third straight year in a row as a Playful City USA. She also noted that
grant recipients for the Kaboom Playful City USA program would be announced on June 4m
3. CITY ATTORNEY REPORT:
Mr. Goren extended best wishes for a Happy Birthday to Mayor Talabisco and Vice Mayor
Glasser. He also expressed appreciation to the Mayor and members of the City Commission
and members of the City's administration who had attended his Senior Hall of Fame induction
ceremony earlier today.
Mr. Goren stated that the Woodlands Community Neighborhood Improvement District Board
of Directors had voted unanimously at their meeting on Monday evening to terminate the
proposed mail ballot election process for the Woodlands CNID. Mr. Goren said he was
recommending that the Mayor and City Commissioners add an item to this evening's agenda
to terminate the existing interlocal agreement between the Woodlands CNID, Broward
Supervisor of Elections Office and the City of Tamarac, originally adopted by the City
Commission on April 25, 2012.
Commissioner Gomez moved, seconded by Commissioner Bushnell, to add consideration of
the potential termination of the interlocal agreement to this evening's agenda. The motion
was adopted unanimously (4-0).
Commissioner Gomez moved, seconded by Vice Mayor Glasser, to accept the decision of
the Woodlands Community Neighborhood Improvement District Board of Directors of May 7,
2012, to postpone the proposed mail ballot election and furthermore, to immediately
terminate the interlocal agreement (ILA) between the Woodlands CNID Board of Directors,
City of Tamarac, and the Broward Supervisor of Elections Office relative to the proposed mail
ballot election. The motion was adopted unanimously (4-0).
Mr. Goren noted that all ballot materials would be retained and sequestered by the Tamarac
City Clerk's Office for the appropriate retention periods provided in the Florida Department of
State's General Records Schedule for Election Records (GS3).
Mr. Goren stated that an ethics code for municipal employees would likely be adopted by the
Broward County Board of Commissioners in the near future. He noted that the draft
ordinance included some very significant and strict provisions relative to lobbying -related
matters. He also noted that an ethics ordinance pertaining to advisory board and committee
members would be introduced in the near future.
Mr. Goren provided a brief update regarding a proposal to eliminate the return of "excess
court cost" proceeds to cities in Broward County. He stated that the potential negative
annual impact for the City of Tamarac was approximately $120,000.00 for the period
encompassing July 1, 2010 through June 30, 2011. Mr. Goren said that he would keep the
Mayor and City Commissioners apprised about the status of this matter in the future. In
response to a question from Commissioner Bushnell, Mr. Goren provided a detailed overview
of the process for elected officials to request legal opinions relative to the application of the
Broward County Code of Ethics.
Page 3 of 8 REGULAR COMMISSION MEETING May 9, 2012
4. CITY MANAGER REPORT:
Mr. Cernech extended best wishes for a happy birthday to Mayor Talabisco and Vice Mayor
Glasser. He also expressed best wishes for a Happy Mothers Day to Vice Mayor Glasser
and Commissioner Bushnell. Mr. Cernech also congratulated City Attorney Sam Goren for
his induction into the ADRC Senior Hall of Fame earlier today.
Mr. Cernech noted that City officials, including Vice Mayor Glasser, had met with University
Hospital officials on a number of occasions recently regarding proposed improvements to the
site, including signage and other infrastructure. Mr. Cernech said that HCA (Hospital
Corporation of America), University Hospital's owner and operator, had pledged to make
continuous improvements to the University Hospital campus as a good corporate citizen of
Tamarac.
Noting that Fire Chief Mike Burton and Financial Services Director Mark Mason were out of
town, Mr. Cernech stated that applicable management representatives were in attendance
from both departments this evening.
Mr. Cernech noted that consideration of the Sabal Palm restrictive covenants matter had
been deferred for thirty days at the request of Broward County Commissioner Ilene
Lieberman. Mr. Cernech also reported that the Monterrey development had been sold to a
new owner about two weeks ago.
Stated that Management and Budget Analyst II Bernadette Hughes had recently been elected
to the Florida Benchmarking Consortium Board of Directors. Mr. Cernech said that having
Ms. Hughes serving on the Board of Directors would be beneficial to the residents of
Tamarac.
Noted that a City of Tamarac resident, Linda Talbot, had recently called the City Commission
office to complement the City Commission for having such a fine Transportation Division in
the City's Parks and Recreation Department. Mr. Cernech also said that City staff was in the
process of developing an updated website, including information such as the current status of
capital improvements projects throughout the City.
Mr. Cernech said that the City's Parks and Recreation Department was offering the "Let's
Move and Play Together" program for getting special needs children into mainstream
programs. He noted that this was the first time the Parks and Recreation Department had
offered a program of this type. Stated that the Social Services Division of Parks and
Recreation Department would be offering a counseling and therapy program in Spanish
including problem solving, coping with life changes and bereavement, and would be offered
free of charge for up to six sessions.
Mr. Cernech invited all interested persons to attend the upcoming twilight concert between 7
and 9:00 p.m. this Friday evening at Colony West Country Club. He also invited all interested
persons to attend the City's Mother's Day dance this Saturday, May 12'h, between 6:00 and
8:00 p.m. at the Tamarac Community Center Ball Room.
Page 4 of 8 REGULAR COMMISSION MEETING May 9, 2012
5. PUBLIC PARTICIPATION: Mayor Talabisco opened the public participation portion of this
evening's meeting.
Leonard Hixon extended best birthday wishes to Mayor Talabisco and welcomed Mayor
Talabisco back to the dais. Mr. Hixon outlined his concerns about the suspension of the
Woodlands Neighborhood Improvement District election.
Patti Lynn encouraged all interested persons to participate in the Letter Carriers annual food
collection drive this Saturday, May 12t". Ms. Lynn also expressed concern about the potential
impacts of HB1013 on local property owners. Ms. Lynn expressed her support for the
streaming of City Commission meetings on the City's website.
Sharon Aron Baron expressed concern that the landscaping near the corner of NW 64t"
Avenue and Commercial Boulevard was not being adequately maintained. Mr. Cernech
noted that City staff was investigating potential options relative to property maintenance in a
number of areas abutting roadways throughout the City of Tamarac, including the area
referenced by Ms. Aron Baron.
6. CONSENT AGENDA:
Mr. Cernech noted that Item 6c (TR12192) had been amended to include the American
Cancer Society to the list of not -for -profits. Commissioner Bushnell moved, seconded by
Commissioner Gomez, to add this item, as amended, to the Consent Agenda. The motion
was adopted unanimously (4-0).
Vice Mayor Glasser moved, seconded by Commissioner Gomez, to approve the consent
agenda as amended. The motion was approved unanimously (4-0).
a. APPROVAL OF THE APRIL 25, 2012 REGULAR COMMISSION MEETING MINUTES:
APPROVED
b. TR12153 - TAMARAC ADA RENOVATION PROJECTS: A Resolution of the City
Commission of the City of Tamarac, Florida, awarding RFP No. 11-23R to and approving an
Agreement with Asset Builders, LLC for the Tamarac Design/Build ADA Restroom
Renovation Project in accordance with RFP No. 11-23R for a contract amount of $71,205.38;
a contingency in the amount of $10,860.00 will be added to the project account, for a total
project budget of $81,885.38; authorizing an expenditure from the appropriate accounts;
authorizing budget amendments for proper accounting purposes; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2012-60
c. TR12192 - CODE OF ETHICS - SPONSORSHIP OF NON-PROFIT CHARITABLE
ORGANIZATIONS: A Resolution of the City Commission of the City of Tamarac, Florida,
recognizing a sponsorship or co-sponsorship relationship between the City of Tamarac and
those charities and organizations listed in Exhibit "A", attached hereto and incorporated
herein, as may be amended from time to time, for the expressed purpose of compliance with
Page 5 of 8 REGULAR COMMISSION MEETING May 9, 2012
Section 1-19(c)(5)(a)(4) of the Broward County Code of Ordinances; providing for conflicts;
providing for severability and providing for an effective date.
RESOLUTION R-2012-61
d. TR12194 - TELEPHONE SYSTEM UPGRADE: A resolution of the City Commission of the
City of Tamarac, Florida, authorizing the appropriate City officials to execute the required
agreements with Adcap Network Systems to purchase equipment and services to upgrade
the City's VoIP telephone system, utilitizing State of Florida contracts #730-000-09-1 and
#250-000-09-1; authorizing an expenditure for an amount not to exceed $95,343; providing
for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-62
e. TR12195 - EXTEND AGREEMENTS WITH ASHBRITT AND DRC FOR DISASTER
DEBRIS REMOVAL: A Resolution of the City Commission of the City of Tamarac, Florida,
approving the extension of the Agreements with Ashbritt, Inc. And DRC Emergency Services,
LLC for disaster debris removal services; authorizing the appropriate City Officials to execute
extension with Ashbritt, Inc. And DRC Emergency Services, LLC for disaster debris removal
services; providing for conflicts; providing for severability; providing for an effective date.
RESOLUTION R-2012-63
f. TR12196 - EXTEND AGREEMENT WITH SAIC-BDR FOR DISASTER DEBRIS
MONITORING: A Resolution of the City Commission of the City of Tamarac, Florida,
approving the Extension of the Agreement with Science Applications International
Corporation for Disaster Debris Monitoring Services; authorizing the appropriate City Officials
to execute Extension with Science Applications International Corporation for Disaster Debris
Monitoring Services; providing for conflicts; providing for severability; providing for an
effective date.
RESOLUTION R-2012-64
g. TR12200 - APPROVE EXTENSION OF THE AGREEMENT WITH PORT
CONSOLIDATED FOR FUEL: A Resolution of the City Commission of the City of Tamarac,
Florida approving the purchase of diesel fuel and gasoline from Port Consolidated, Inc.
utilizing Coral Springs Contract # 09-A-149 on behalf of the Southeast Florida Government
Purchasing Cooperative; authorizing purchase of diesel fuel and gasoline in the quantities
needed based on the Platts Fuel Index cost at the time of delivery; authorizing budget
amendments for proper accounting purposes; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2012-65
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) — FIRST READING: There were no Ordinance(s) - First Reading
scheduled for this meeting.
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting.
10. ORDINANCE(S) —SECOND READINGS:
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a. T02247 - NUISANCE ABATEMENT ASSESSMENT ORDINANCE: An Ordinance of the
City of Tamarac, Florida pertaining to public health and safety; amending Chapter 9, entitled
"Health, Sanitation and Nuisance"; creating Division V, to be entitled "Nuisance Abatement
Procedures"; providing for purpose and intent; providing for definitions; declaring certain
conditions on lots, parcels, and tracts within the City boundaries to be a public nuisance and
threat to the health, safety and welfare of the citizens and residents of the City; prohibiting the
accumulation of trash, junk, or debris, living and nonliving plant material, and stagnant water;
prohibiting the excessive growth of grass, weeds, brush, and other overgrowth; prohibiting
the keeping of fill on property that results in certain conditions; prohibiting certain conditions
that constitute an imminent threat to public health; authorizing the city to undertake
immediate abatement and remedy of imminent public health threats; providing for
enforcement of violations; requiring notices to owners and, if applicable, agents, custodians,
lessees, and occupants of property in violation of this article; providing for appeals of violation
notices; authorizing the imposition and levy of special assessments if costs are incurred by
the City and not reimbursed by the property owner and, if applicable, the property agent,
custodian, lessee, or occupant; requiring notices of assessment; creating assessments for
the cost of lot clean-up; establishing the City as a Special Assessment District; authorizing
the levy of non -ad valorem assessments in connection with violations of this article; providing
for the collection of non -ad valorem assessments; providing for annual non -ad valorem
assessment rolls; providing transition provisions and ratifying assessments to recover costs
incurred by the City to remedy violations prior to the Ordinance's enactment; providing for
codification; providing for conflicts; providing for severability; providing an effective date. City
Attorney Sam Goren read T02247 by title into the record of the meeting. Commissioner
Gomez moved, seconded by Vice Mayor Glasser, to approve T02247 on second and final
reading. Mayor Talabisco opened the public hearing. Patti Lynn and Joel Davidson both
expressed concerns about certain elements of the proposed nuisance abatement ordinance.
Motion passed unanimously (4-0).
PASSED ON FIRST READING APRIL 25, 2012
PASSED ON SECOND READING MAY 9, 2012
ORDINANCE 0-2012-10
b. T02249 - GENERAL EMPLOYEES PENSION PLAN AMENDMENT: An Ordinance of the
City Commission of the City of Tamarac, Florida; on second reading amending Chapter 16,
Pensions and Retirement, Article III, Division I, Pension Plan, amending the definition of
Actuarial Equivalence or Actuarially Equivalent; providing for a savings clause; providing for
severability; providing for codification and providing for an effective date. City Attorney Sam
Goren read T02249 by title into the record of the meeting. Vice Mayor Glasser moved,
seconded by Commissioner Gomez, to approve T02249 on second reading.
Mayor Talabisco opened the public hearing. There were no public comments.
Motion passed unanimously (4-0)
PASSED ON FIRST READING APRIL 25, 2012
PASSED ON SECOND READING MAY 9, 2012
ORDINANCE 0-2012-11
c. T02250 - AMENDMENT #1 TO THE AGREEMENT WITH WASTE MANAGEMENT FOR
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RECYCLEBANK PROGRAM: An Ordinance of the City Commission of the City of Tamarac,
Florida, on second reading approving the Amendment to the Franchise Agreement with
Waste Management, Inc. of Florida for the implementation of a recycling rewards program;
authorizing the appropriate City Officials to execute the Amendment and to take action
consistent with the intent of this Ordinance; providing for the ability to revise rates for a
recycling rewards program through the adoption of a resolution by the City Commission;
providing for conflicts; providing for severability; and providing for an effective date. City
Attorney Goren read TO2250 by title into the record. Commissioner Bushnell moved,
seconded by Commissioner Gomez, to approve TO2250 on second reading.
Mayor Talabisco opened the public hearing. Patti Lynn suggested that the City of Tamarac
consider implementing a weight -based recycling incentive program.
Motion passed unanimously (4-0)
PASSED ON FIRST READING APRIL 25, 2012
PASSED ON SECOND READING MAY 9, 2012
ORDINANCE 0-2012-12
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing items scheduled
for this evening's meeting.
12. OTHER:
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting at 9:14 p.m.
OAF
Beth Talabisco, M.�•
Peter M. J. R' ardson, CRM, CIVIC
City Clerk
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