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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. Page 1 of 7 REGULAR COMMISSION MEETING August 22, 2012 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