HomeMy WebLinkAbout2012-08-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, AUGUST 22, 2012
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 9:00 a.m. on Wednesday, August 22, 2012 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Beth Talabisco, Vice Mayor Diane Glasser, Commissioner Pamela
Bushnell, Commissioner Michelle J. Gomez and Commissioner Harry Dressler were in
attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Peter M.J. Richardson.
PLEDGE OF ALLEGIANCE: Commissioner Harry Dressler led the Pledge of Allegiance.
1. PROCLAMATIONS:
a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming September 29, 2012
as "National Public Lands Day". (Requested by Mayor Beth Talabisco)
b. EMPLOYEE SERVICE AWARDS:
10-Year Awards: Manuel Ajuria, Firefighter Paramedic, Fire Rescue; Stephen McLaughlin,
Firefighter Paramedic, Fire Rescue and Michael Lynch, Groundskeeper 1, Public Services
20- Year Award:
Rodney Sims, Public Works Superintendent, Public Services
25-Year Award:
Richard Lorenz, Maintenance Superintendent, Public Services
Mayor Talabisco introduced Elise Boston, the City of Tamarac's recently hired Public
Information and Media Specialist.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell:
Congratulated all of the employees recognized during this morning's service awards
presentation ceremony. Commissioner Bushnell also extended best wishes for a happy
belated birthday to Commissioner Gomez. Commissioner Bushnell said that it had been her
pleasure to attend both of the recent "National Night Out" crime awareness and prevention
events, coordinated by the Broward Sheriff's Office Tamarac District. Finally, she noted that
the community garage sale event held this past Saturday at the Community Center was very
well attended.
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b. Commissioner Gomez:
Expressed appreciation to Commissioner Bushnell for her birthday wishes. Noted that it also
had been her pleasure to attend and to meet residents at the recent National Night Out
events coordinated by the Broward Sheriff's Office in Tamarac. Commissioner Gomez also
said it was her pleasure to attend the recent meeting of the National League of Cities
Transportation Infrastructure and Services Steering Committee as the City of Tamarac's
representative.
c. Vice Mayor Glasser:
Noted that she was looking forward to attending the upcoming Florida League of Cities
conference later this week, and the national convention in about two weeks. Vice Mayor
Glasser said she did her due diligence and had kept quite busy throughout the summer in her
capacity as a City Commissioner.
d. Commissioner Dressler:
Stated that he had also been very busy this summer in his capacity as an elected official.
Commissioner Dressler shared information about a recent case in which investors lost in
excess of $1.5 billion in investments, very likely without any recourse to recover of any funds
in the future. Commissioner Dressler stated that a court had recently ruled that a bank, rather
than initial customers, would receive repayment. He expressed concern that judicial
conclusions of this sort meant that our nation was on a potentially perilous course.
e. Mayor Talabisco:
Noted that she and Assistant City Manager Diane Phillips had visited Washington, D.C. in
early August to meet with members applicable federal officials representing the residents of
the City of Tamarac. Mayor Talabisco also stated that Ms. Phillips and she had also met with
representatives from the Veteran's Affairs Department of the United States Government to
explore the possibility of expanding veterans -related programs to Tamarac residents. Mayor
Talabisco said that she would also be meeting with Broward County United Way's new CEO,
Kathleen Cannon, to review existing United Way programs which might be beneficial to
veterans or other Tamarac residents. Finally, Mayor Talabisco said she felt honored to have
been selected to serve as Chairperson of the Broward League of Cities Investment and
Reinvestment Committee Chairperson. Noting that the first meeting of this committee was
next Monday morning, Mayor Talabisco said that she would report back to the City
Commission on this matter at a future meeting.
3. CITY ATTORNEY REPORT:
Mr. Goren noted that a two-hour educational session regarding the Broward County Ethics
Ordinance would be held this Thursday morning, August 23rd, beginning at 9:00 a.m., at the
Florida League of Cities Conference in Hollywood. Mr. Goren said that invited speakers
Page 2 of 7 REGULAR COMMISSION MEETING August 22, 2012
included Fort Lauderdale City Attorney Harry Stewart, Donald Lunny, Jr., Jamie Cole,
Assistant City Attorney Jacob Horowitz and himself.
Mayor Talabisco extended a warm welcome back to Lieutenant Fred Wood of the Broward
Sheriff's Office.
4. CITY MANAGER REPORT:
Mr. Cernech reminded everyone that schools throughout Broward County were back in
session and encouraged appropriate traffic -related safety and vigilance in and around school
zones. He also noted that the City of Tamarac had recently been awarded a federal livability
grant for bus shelters, in addition to a previous grant from Broward County for bus shelter
facilities. Mr. Cernech said that the installation of bus shelters would commence after January
1, 2013.
Mr. Cernech said he was proud to announce that the City of Tamarac had been selected as
one of only twelve communities nationwide, and the only community in the State of Florida, to
share best practices with other communities, in preparation for a future Innovations Group
conference. Mr. Cernech also said that a session detailing the City's "Catch Kids" program
would be presented at the upcoming Florida League of Cities conference later this week.
Finally, he noted that the City of Tamarac was in the process of completing an application for
the Florida League of Cities Spirit Award.
Mr. Cernech said he was pleased to announce that the Social Services Division of the Parks
and Recreation Department had distributed a total of 29 backpacks to Tamarac children
heading back to school. He also stated that recent donations to the City's food pantry
program had been very generous. Mr. Cernech noted that approximately 250 people had
attended the recent Back to School Splash event at the Caporella Aquatics Center. He also
said that all vendor spots had been sold out at Saturday morning's Community Garage Sale
at the Community Center. Finally, Mr. Cernech noted that interested persons were invited to
attend the City's 11 th annual Princess Party on Saturday, September 8th, beginning at 10:00
a.m. at the Tamarac Community Center, with participation limited to the first fifty paid
registrants.
5. PUBLIC PARTICIPATION:
Jerry Buchsbaum complemented the City's Building Department for their timely review and
issuance of building permits and the Public Works Department for doing a good job of
maintaining the City's public waterways. Mr. Buchsbaum said that the City of Tamarac
should take the appropriate steps to recover attorney fees, court costs and other expenses
associated with recently resolved litigation pertaining to the Woodlands CNID.
Shelly Solomon stated that she was currently a candidate for the Broward County School
Board and wanted to take this opportunity to introduce herself to the Mayor and City
Commission this morning.
Page 3 of 7 REGULAR COMMISSION MEETING August 22, 2012
Pat Barsorian said that she objected to the amendment of Ordinance 2010-14 and stated that
she intended to continue her efforts to oppose the City of Tamarac relative to this matter.
Barbara Tarnove, President of the Tamarac Historical Society, read a detailed narrative
regarding the nomination of Dorothy Willis as the City of Tamarac's 2012 nominee for the
Broward County Historical Society's Pioneer recognition program. There was Commission
concurrence to proceed with the nomination as proposed by the Tamarac Historical Society.
Leny Hixon said it was the right of the majority to rule and he objected to the potential
approval of amendments to Ordinance 2010-14. Mr. Hixon also stated that he favored the
dissolution of the Woodlands CNID Board of Directors. Mr. Hixon requested that the City
Commission reconsider and rescind Ordinance 2010-14.
Sharon Aron Baron said it was great news to hear that the City of Tamarac had recently
received grant funding for bus shelter facilities. Ms. Aron Baron also said that she was
looking forward to the Woodlands CNID moving ahead with proposals to provide additional
security for residents of the Woodlands neighborhood in the future. Finally, Ms. Aron Baron
made a request that City Commission meetings be webcasted or broadcasted.
Judy Margolies expressed her concern that opponents of the proposed Woodlands CNID
were not being treated in a respectful manner. Ms. Margolies also expressed her objections
to the City's potential expenditures for the Governor's Sterling Awards program.
6. CONSENT AGENDA: Mayor Talabisco asked Mr. Cernech whether there were any
changes or additions to this morning's Consent Agenda. Mr. Cernech said there were no
changes or additions to this morning's Consent Agenda. Commissioner Gomez moved,
seconded by Vice Mayor Glasser, to approve the Consent Agenda as presented.
The motion was adopted unanimously (5-0).
a. APPROVAL OF THE JULY 11, 2012 REGULAR COMMISSION MEETING MINUTES:
APPROVED
b. TR12210 - APPROVE AWARD OF BID 12-15B FOR TAMARAC MULTI -PURPOSE
CENTER HVAC PROJECT A Resolution of the City Commission of the City of Tamarac,
Florida, Awarding Bid No. 12-15B to and approving an Agreement with Koldaire, Inc. for the
replacement of the HVAC units at the Tamarac Multi -Purpose Center located at 7531 N.
University Drive for an amount not to exceed $169,777.00; authorizing an expenditure from
the appropriate accounts; authorizing budget amendments as needed for proper accounting
purposes; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-88
c. TR12224 - SABAL PALM - MODEL SALES: A Resolution of the City of Tamarac, Florida,
granting a Model Sales Permit for the Sabal Palm Residential Development, located on
Commercial Boulevard and west of the Florida Turnpike for a period of six (6) months;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-89
Page 4 of 7 REGULAR COMMISSION MEETING August 22, 2012
d. TR12228 - HOME FY 2012/13 INTERLOCAL AGREEMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, accepting the 2012-2013 fiscal year Home
Investment Partnership ("HOME") funds; authorizing the appropriate City officials to execute
an Interlocal Agreement for the designation of sub -recipient and disbursement home
program,fiscal year 2012-2013, with Broward County and subsequent agreements, if
necessary, pending legal review; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2012-90
e. TR12229 - SUBMISSION OF SHIP ANNUAL REPORTS: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the annual reports for the State
Housing Initiative Partnership for the Close Out Report FY 2009/2010 and the Interim
Reports for FY 2010/2011 and FY 2011/2012; providing for conflict; providing for severability;
and providing for an effective date.
RESOLUTION R-2012-91
f. TR12232 - RESOLUTION AUTHORIZING ILA WITH BROWARD COUNTY FOR
RECYCLABLE MATERIAL RECOVERY SERVICES: A Resolution of the City Commission of
the City of Tamarac, Florida, approving an Interlocal Agreement with Broward County
providing for Recyclable Material Recovery Services; 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-2012-92
There was a break in the proceedings between 10:03 and 10:08 a.m.
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) — FIRST READING:
a. T02258 - AMENDMENT TO ORDINANCE NO. 2010-14: An Ordinance of the City of
Tamarac, Florida amending Ordinance No. 2010-14 (the "Ordinance"); reaffirming the City of
Tamarac's commitment to the Woodlands Community Neighborhood Improvement District
(the "District") established pursuant to the Ordinance and Section 163.506, F.S.; specifically
amending Section 2 of the Ordinance to provide for expressed consistency with Section
163.506, F.S., and Section 163.514, F.S., as applicable; providing for recordation; providing
for conflicts; providing for severability; and providing for an effective date.
Mr. Goren referenced the receipt of e-mail correspondence of yesterday from Mrs. Pat
Barsorian to Assistant City Attorney Jacob Horowitz relative to the request of certain
Woodlands residents to dissolve the Woodlands CNID and to rescind Ordinance 2010-14. A
copy of the referenced e-mail is attached hereto. Mr. Goren suggested that prior to
consideration of the proposed amendment to Ordinance 2010-14 that the Mayor and City
Commission take action on the record relative to the status of the petition from certain
Page 5 of 7 REGULAR COMMISSION MEETING August 22, 2012
Woodlands residents dated January 23, 2011. Noting that both she and Commissioner
Gomez were residents of the Woodlands neighborhood, Mayor Talabisco inquired whether
this circumstance posed a potential voting conflict for either herself or Commissioner Gomez.
Mr. Goren noted that consistent with Chapter 112 F.S., neither Mayor Talabisco nor
Commissioner Gomez had a voting conflict relative to voting on the Woodlands CNID matters
and were in fact legally obligated to vote on any Woodlands CNID matters on today's City
Commission agenda. Commissioner Dressler inquired whether the City Commission was
required to make a motion relative to the January 2011 petition. Mr. Goren said it would be
useful to have a motion on the table relative to this matter.
Commissioner Dressler made a motion to confirm, under the applicable sections of Chapter
163, Florida Statutes, the Tamarac City Commission's public review and consideration of the
petition dated January 23, 2011, form certain Woodlands residents, to dissolve the
Woodlands CNID, and to hereby file but reject the petition, and to move forward with
Temporary Ordinance 2258, as drafted. Commissioner Gomez seconded the motion. The
motion was approved unanimously (5-0).
Mr. Goren read the title of TO2258 into the record of the meeting. Ms. Bramley made a
detailed presentation regarding the proposed amendments to Ordinance 2010-14. Mayor
Talabisco noted that this matter had been considered and discussed in detail at Monday
morning's City Commission workshop. Vice Mayor Glasser moved, seconded by
Commissioner Gomez, to approve TO2258 on first reading. The motion was adopted
unanimously (5-0).
PASSED ON FIRST READING AUGUST 22, 2012
9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting.
10. ORDINANCE(S) — SECOND READINGS:
a. TO2256 - CODE SECTION 24-615 "ROOFTOP PHOTOVOLTAIC SOLAR SYSTEMS": An
Ordinance of the City of Tamarac, Florida, amending Chapter 24 of the Code of Ordinances
and creating Section 24-615, entitled "Rooftop Photovoltaic Solar Systems," providing for
Rooftop Photovoltaic Solar Systems as permitted accessory equipment; providing for
severability, inclusion in the code, and an effective date. Commissioner Dressler moved,
seconded by Commissioner Bushnell, to approve TO2256 on second reading. Mr. Goren
read TO2256 by title into the meeting record. There were no public speakers relative to this
matter. The motion was adopted unanimously (5-0).
PASSED ON FIRST READING JULY 11, 2012
PASSED ON SECOND READING AUGUST 22, 2012
ORDINANCE 0-2012-18
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearings(s) items
scheduled for this meeting.
12.OTHER: None.
Page 6 of 7 REGULAR COMMISSION MEETING August 22, 2012
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting at 10:51 a.m.
i
HvIVA.
Beth TalabisJ6,
P' 9 •
City Clerk
Page 7 of 7 REGULAR COMMISSION MEETING August 22, 2012
August 21, 2012
E-mail to: Jacob G. Horowitz, Assistant City Attorney
From: Patricia Barsorian, 6001Royal Poinciana Lane, Tamarac, Florida 33319
Re: Barsorian v. City of Tamarac
Dear Mr. Horowitz:
Even the City of Tamarac is required to use a "reasonable person standard". It
would be reasonable and proper as well as financially prudent for the City of Tamarac
to immediately grant the January 23, 2011 Petition to Dissolve the WCNID and rescind
Ordinance 2010-14 in accordance with Florida Statute Section 163.506 (4).
The concept and strategic plans of the City of Tamarac would not be affected as
the City could simply utilize the concept and plans elsewhere in the City where a NID is
appropriate under Florida Statutes 163.506, 163.508, 163.511 or if a CRD is necessary
under 163.512.
Instead of dissolving the District as requested by over 60% of the residents of the
Woodlands, , the City has on the Agenda for the August 22, 2012 Regular Commission
Meeting a first reading of TO2258 to amend Section 2, Ordinance 2010-14 " to provide
for expressed consistency" with the provisions in Florida Statutes, Sections 163.506 and
163.514.
Even if the City adds the proposed amendment of 299 acres as the "size" to
Section 2, paragraph 1 in Ordinance 2010-14, it is an addition that will not cure the
remaining defects. As you know, my lawsuit also alleges that a violation of Florida
Statutes, Section 163.503 has resulted in a "Breach of a Statutory duty".
You and the City of Tamarac need to consider the consequence of ignoring
163.503 F.S. This is an issue of law that a Court must decide.
In addition, the voting provision of "property owners voting in a referendum
election" added to Ordinance 2010-14, Section 2, paragraph 3 are now recognized by
me to be a violation of the Fla. Const, Art. VA Sec. 9(b) which is a "Breach of Public
Trust", please see: 112.312 (3) F.S.
Severance of the City of Tamarac's "property owner" voting provision in
Ordinance 2010-14 will only usurp the original good intentions of the City of Tamarac
that the District Board should not be able to levy an ad valorem tax without a referendum
vote of the Woodlands property owners.
Page 1 of 2
Lastly, the City's exemption of the Woodlands Country Club is a major concern to
me and to many of my neighbors.
In April, 2011 the Club was sold to the Canadian public company known as
"Club Link US". All roads lead to the Country Club and, therefore, any improvements
made by the NID will necessarily serve to benefit the shareholders of "Club Link US"
whose shareholders have been excluded from the WC NID assessments and taxes.
Ordinance 2010-14 should not survive another day. Therefore, in order to
protect my basic property rights as provided in the Florida Constitution, if the District is
not immediately dissolved pursuant to the Petition and Florida Statutes Section 163.506
(4), I will have no choice but to proceed with further legal action in order to protect my
constitution rights including basic property rights.
Your immediate consideration of this matter is urgent.
Submitted By: Patricia Barsorian
e-mail: City of Tamarac
Samuel S. Goren, City Attorney
Mayor Beth Talabisco
Vice Mayor, Diane Glaser
Commissioners Michele Gomez, Harry Dressler, and Pam Bushnell,
City Manager, Michael Cernech and Diane Philips, Ass't City Mgr.
Director, Jennifer Brantley