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HomeMy WebLinkAbout2012-09-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING TUESDAY, SEPTEMBER 25, 2012 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 9:01 a.m. on Tuesday, September 25, 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 were in attendance. ABSENT: Commissioner Harry Dressler Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and Assistant City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Mayor Beth Talabisco led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming September 27, 2012 as "National Play Day". (Requested by Parks &Recreation Director Greg Warner) b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of October 1 - 5, 2012 as "Customer Service Week". (Requested by Sterling Criteria Team 3). c. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October 2012 as "Breast Cancer Awareness" month. (Requested by Mayor Beth Talabisco) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Said she was grateful that Mayor Talabisco is a two year survivor of breast cancer. Commissioner Bushnell thanked staff for their presentations during the two budget hearings which helped people understand the budget. Commissioner Bushnell attended the ribbon cutting at the new Charter School on University Dr. and the grand opening of the Wellness Center at City Furniture. Commissioner Bushnell wished Commissioner Dressler a happy birthday and everyone a Happy New Year. b. Commissioner Gomez: Said staff did an excellent job on the budget and thanked Mayor Talabisco for requesting the Breast Cancer Awareness proclamation and for adding that men need to take care of themselves as well. Commissioner Gomez said over the past two weeks had met with several constituents and wished everyone an easy fast. c. Vice Mayor Glasser: Said the budget hearings went well and thanked the people that attended and shared their thoughts and concerns. Vice Mayor Glasser said she attended the Broward League of Cities Candidate Forum and was happy to meet with the candidates running in our districts. Page 1 of 8 REGULAR COMMISSION MEETING September 25, 2012 d. Commissioner Dressler: Absent e. Mayor Talabisco: Wished Commissioner Dressler a Happy Birthday in absentia. Mayor Talabisco said we completed our budget hearings very successfully, there were challenges, but they educated themselves and made the best possible decisions for Tamarac. Mayor Talabisco said what was most interesting was that out of 60,000 residents only twenty or so individuals showed up for the hearings, which lead her to believe that the residents are satisfied with what the Commission is doing. Mayor Talabisco said that when she discovered her lump it was on her collar bone, she had no idea, or did she think it could possibly be cancerous, as she had a clean mammogram three months prior to discovering the lump. Mayor Talabisco stressed the importance of having anything that is not normal checked Out immediately. Mayor Talabisco attended the Broward League of Cities meeting yesterday and between now and November they will put together policies, some of which will go forward to Tallahassee. The committee that she is chairing is called the "Community Investment Re -investment Committee"; the mission of which is to propose strategies and policies to influence the direction of new vibrant and equitable development and redevelopment and to encourage private and public partnerships throughout our cities. At yesterday's meeting they refined their mission statement and put together their strategic committee goals and in the future will come forward with best practices for our sister cities to explore. The intention of the committee is to advocate for the sustainability of our cities. Mayor Talabisco advised City Manager Cernech is also on the committee. Mayor Talabisco said she met with Kathleen Cannon, CEO of United Way, last week and will meet with her again next week for their latest initiative called "Serving Broward's Military and their Families". Mayor Talabisco expressed the hope that she will become a member of that committee. The objective and strategy of the committee is as follows: Strategies will be developed to address issues that represent initial critical challenges in transitioning from military service to civilian life, connecting military families to services, behavioral and physical health and financial stability; including employment, housing and financial and legal assistance. Tamarac's goal is to be front and center in this initiative and by working with United Way will give us more funds and more accessibility. The group they are looking to target is the 17 — 44 year old age group as over the next five years over one million vets will be returning to civilian life. Mayor Talabisco said she will provide additional reports on this initiative and we will then discuss how Tamarac can get involved with United Way on this initiative. Mayor Talabisco reported she met with the Relay For Life team this morning and together with North Lauderdale they will host the Relay for Life event in May of 2013. Mayor Talabisco will report back to the Commission as to what Tamarac's role will be at a later date. Mayor Talabisco scheduled a series of luncheons with Commissioner Marty Kiar, Commissioner Stacy Ritter, and Commissioner Dale Holeness, who represent Tamarac, to begin outreach as it is important that we establish and re-establish these relationships. Page 2 of 8 REGULAR COMMISSION MEETING September 25, 2012 3. CITY ATTORNEY REPORT: City Attorney Goren said this past week his firm issued a memorandum pertaining to the Broward County Code of Ethics on the issue of outside or concurrent employment. The actual ethics code itself does not have a defined date, time place, etc. of when that disclosure is due. His firm did an analysis, which they believe is legally sound, and found that you are obligated by state law to file your Form 1's by July 1st every year. There is nothing in the County Ethics Code that says what "annual" actually means. Some cities have talked about April 15, to coincide with filing taxes. We initially thought January would be an appropriate as it the beginning of the new calendar year. We believe, given the nature of the research performed, that the first disclosure for this prior ear's outside income would be Jul 1st the same time our Form 1 is due. For the calendar Y Y Y year 2012 your report will be due July 1, 2013 for income earned outside of the dais, however, there is one exception; if you are employed by an employer who has a confidentiality agreement with you for this year, 2012, there is an ability to protect the disclosure of your income for 2012. However, going into the 2013 calendar year there is no protection. You have to choose to either disclose or decide to give up and become a civilian. There is no other option beyond the first year. The forms are easy to complete as it relates to remuneration and does not include income from pensions, or from interest income from bonds or CD's, debentures, or stocks. It relates only to compensation. City Attorney Goren explained they looked further into when your 8 hours of ethics training is due. The issue is whether the certification is due January to January, March to March, November to November; the end result is since Tamarac converted from March elections to November elections and based upon their review of the code, it is a November to November disclosure. As such there will be disclosure required of each member of the Commission by November of this year. City Attorney Goren requested the Commission to check and see if anyone needs more hours, they would be happy to do a workshop to get the extra hours. Also, there are several additional courses that are being offered by BLC that are given by the state, Florida League of Cities. or by the FAU Institute of Government. You must make sure the Clerk has some record evidence that you have actually taken the 8 hours. Mayor Talabisco asked who the Certification goes to and City Attorney Goren said your City Clerk. City Attorney Goren said the IG is actually paying attention to this and has sent letters to certain people because in some cities the Form 1's were not on a searchable database accessible to the public. City Attorney Goren asked Assistant City Clerk Teufel if Tamarac was in compliance and she responded that Tamarac was in compliance. There was a general discussion regarding lobbying issues, individuals working for non-profit organizations, i.e. charitable organizations and raising funds for such organizations. City Attorney Goren responded to the Commissions' questions and concerns. 4. CITY MANAGER REPORT: City Manager Cernech reported that funding in the amount of $36,725 has been approved by the governing Board of the SFWMD for amulti-family toilet retrofit program. The single family toilet rebate program is a huge success and he expects this will be of equal or even greater success. City Manager Cernech said that one of our former Fire Inspectors, Dave Viele passed away on September 18th. He was married to Marsh Kanterman, who is a Senior Permit Clerk in the Page 3 of 8 REGULAR COMMISSION MEETING September 25, 2012 Building Dept. There will be a celebration of his life that will take place on Saturday, September 29th at 6:00 p.m. at Giovanni's Italian Restaurant in Parkland. City Manager Cernech said that the first Boca Raton "Moving Day Walk" to benefit the National Parkinson's Foundation South Palm Beach County Chapter will take place at the new FAU stadium on October 21, 2012 at 10:00 a.m. This is an important event as it is in honor of our retired Tamarac Fire Rescue Firefighter Paul Kelly. More information is available from Fire Rescue about the walk. City Manager Cernech reported that the Human Resources Dept. received Gold Status from the American Heart Association's Fit -Friendly Program for 2012. This will be reported on the Association's web site, at local events and in communication materials distributed by the American Heart Association. Upcoming Events: City Manager Cernech said the third annual Play Day will take place on Thursday, September 27th from 1:30 to 3:30 p.m. at Tamarac Park, located at 7501 N. University Dr. There will be a Dive -In movie, featuring the movie The Lorax, on Saturday, September 29th beginning at 8:00 p.m. at the Aquatic Center; admission for adults is $3.75 and $3.25 for Children 17 and under. The Preschool Princess and Brave Lil' Knights, event has been rescheduled from September 22nd to Saturday, November 17th from 10:00 a.m. to noon at the Tamarac Community Center. This event is for children up to 4 years of age; the cost for residents is $10 and $20 for non-residents. Mayor Talabisco said she expects that the City Manager Cernech will be. attending these events with his children. Mayor Talabisco expressed her thanks and appreciation to Assistant City Clerk Teufel and the staff of the City Clerk's Office for all the work they do in the Clerk's Office, i.e. public records requests, working with City Attorney Goren's office as well as all the forms the Mayor and Commission have to fill out. 5. PUBLIC PARTICIPATION: The following individuals appeared and spoke: Steve Buck, 4508 NW King Palm Dr., and Joel Davidson, 4608 Norfolk Island Pine Drive, both expressed their concerns regarding the coyote that has been sighted in the Woodlands and is responsible for the deaths of at least 12 domestic pets. There was a discussion regarding different remedies to resolve the problem. Miguel Deavila, 137 Heatherwood Dr., Royal Palm Beach, spoke of a building code issue and he was advised to take it up with the Board of Rules and Appeals. 6. CONSENT AGENDA Mayor Talabisco asked if there were any changes or additions to the Consent Agenda. City Manager Cernech said as discussed at the Workshop on September 24, 2012, TR12250 is being added as item 6(e) to the Consent Agenda. Vice Mayor Glasser seconded by Commissioner Gomez moved to add TR12250 as item 6(e) to the Consent Agenda. The motion passed unanimously (4-0). Page 4 of 8 REGULAR COMMISSION MEETING September 25, 2012 Commissioner Gomez seconded by Commissioner Bushnell, moved approval of the Consent Agenda, including the addition of TR12250 as item No. 6 (e). The motion passed unanimously (4-0). a. APPROVAL OF THE SEPTEMBER 12, 2012 REGULAR COMMISSION MEETING MINUTES APPROVED b. APPROVAL OF THE SEPTEMBER 13, 2012 SPECIAL COMMISSION MEETING MINUTES APPROVED c. TR12234 - CHASE BANK - ASSIGNMENT TO THE WSDA: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to 1) Approve an Assignment of the Water and Sewer Developer's Agreement with Club Shopping Plaza Associates, for the Chase Bank Project to JP Morgan Chase Bank, National Association, a national banking association, 2) Approve an Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by JP Morgan Chase Bank, National Association, a national banking association, and 3) Approve and execute an Acknowledgement of Agreement and Consent to Assignment between Club Shopping Plaza Associates., and JP Morgan Chase, National Association, a national banking association, for the Chase Bank Project located at 6399 W. Commercial Boulevard; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-105 d. TR12237 - BUILDING FEE SCHEDULE UPDATE: A Resolution of the City Commission of the City of Tamarac, Florida revising the City's Building Fees pursuant to Exhibit "A" attached hereto and incorporated herein; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-106 e. TR12250 - SUPPORTING "TOGETHER WE SERVE WEEK"— OCTOBER 21-27, 2012: A Resolution of the City Commission of the City of Tamarac, Florida recognizing "Together We Serve Week," October 21-27, 2012, and encouraging all citizens and residents to support and take part in increasing volunteer efforts within our community; urging all municipalities in Broward County to recognize "Together We Serve Week"; directing the City Clerk to forward a copy of this resolution to the Broward County League of Cities; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-107 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) —FIRST READING: a. T02264 -FIREFIGHTER PENSION PLAN AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac Florida; on first reading amending Chapter 16, Page 5 of 8 REGULAR COMMISSION MEETING September 25, 2012 Pensions and Retirement, Article VI, Firefighter 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 Goren read T02264 by title into the record. Commissioner Bushnell seconded by Vice Mayor Glasser moved approval of T02264 on first reading. Motion passed unanimously (4-0) PASSED ON FIRST READING SEPTEMBER 25, 2012 b. T02265 -SUNRISE NATURAL GAS AGREEMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading authorizing the appropriate City officials to execute a franchise agreement between the City of Tamarac and the City of Sunrise for the non-exclusive right to provide natural gas services to the City of Tamarac; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02265 by title into the record. Commissioner Bushnell seconded by Commissioner Gomez moved approval of T02265 on first reading. Motion passed unanimously (4-0) PASSED ON FIRST READING SEPTEMBER 25, 2012 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) —SECOND READINGS: a. T02260 - AMENDING CHAPTER 11, SECTION 11-8 & CHAPTER 24 OF THE CODE OF ORDINANCES: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 24, "Zoning", Article III, Division 23 entitled "Ll-1 Light Industry District" and Chapter 11, "Landscaping", Section 11-8 entitled "Landscape Requirements by Zoning District" of the Code of Ordinances of the City of Tamarac, Florida, providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02260 by title into the record. Commissioner Gomez seconded by Commissioner Bushnell moved approval of T02260 on second reading. Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (4-0) PASSED ON FIRST READING SEPTEMBER 12, 2012 PASSED ON SECOND READING SEPTEMBER 25, 2012 ORDINANCE NO. 0-2012-22 b. T02263 - PROHIBITING THE SALE OR DISPLAY OF SYNTHETIC MARIJUANA AND BATH SALTS: an Ordinance of the City of Tamarac, Florida, amending Part II of the City's Code of Ordinances ("City Code"), Chapter 13, entitled, "Miscellaneous Offenses", by creating Section 13-24 to be entitled "Sale or Display of Loose. Leaf Granular Incense and Bath Salts"; providing for definitions; prohibiting the sale of loose leaf granular incense and Page 6 of 8 REGULAR COMMISSION MEETING September 25, 2012 bath salts; providing for penalties; providing for conflicts; providing for severability; providing for inclusion in the code; and providing for an effective date. City Attorney Goren read T02263 by title into the record. Commissioner Bushnell seconded by Commissioner Gomez moved approval of T02263 on second reading. Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (4-0) PASSED ON FIRST READING SEPTEMBER 12, 2012 PASSED ON FIRST READING SEPTEMBER 25, 2012 ORDINANCE NO, 0-2012-23 QUASI-JUDICIAL HEARING(S): a. TR12247 - SABAL PALM: MAJOR REVISED SITE PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, granting Major Revised Site Plan approval with conditions to allow for the modification of the home models, entryway landscaping and berming, for the Sabal Palm North property (specifically Lots 1 through 16, Block 1, Lots 1 through 5, Block 2, Lots 1 through 9, Block 3, Lots 1 through 4, Block 14, Tracts B-6, B-71 B- 8, B-91 B-101 B-131 C, C-31 C-49 D, E, F, F-1, F-21 F-31 F-4, and R-4, Sabal Palm by Prestige, according to the Plat thereof, as recorded in Plat Book 178, Pages 71 through 87 of the public records of Broward County, Florida); as well as landscape modifications to a portion of the Sabal Palm South property (specifically Lots 1 through 26, Block 4, Lots 1 through 6, Block 5, Lots 1 through 15, Block 6, Lots 1 through 20, Block 7, Lots 1 through 11 Block 8, Lots 1 through 31, Block 9, Lots 1 through 14, Block 10, Lots 1 through 6, Block 11, Lots 1 through 4, Block 12, Lots 1 through 26, Block 13, Lots 1 through 15, Block 15, Tracts A, B, B- 11 B-2, B-31 B-41 B-51 B-111 B-121 B-141 C-1, C-21 R-1, R-2, and R-3, Sabal Palm by Prestige, according to the plat thereof, as recorded in Plat Book 178, Pages 71 through 87 of the public records of Broward County, Florida); (Case No. 14-SP-12); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12247 by title into the record. City Attorney Goren went over the Quasi -Judicial proceedings and Assistant City Clerk Teufel swore in all stakeholders. Community Development Director Bramley gave a presentation. Robert Suris and David Deka of SPL Holdings LLC appeared on behalf of the applicant and said that Community Development Director Bramley's presentation was pretty straight forward; they appreciate the Commission's support of the project and are anxious to get started. Commissioner Bushnell said she was pleased to see that the Major Revised Site Plan had nothing except improvements and one of the concerns residents had was the removal of trees. Further, she was happy to hear that the trees would not be removed. There was a discussion regarding the different elevations of the models and the construction of the noise walls. Mayor Talabisco opened the public hearing: Kathleen Stevenson, 5301 NW 50th Ave. expressed concerns about sufficient lighting near the side entrances to some of the models and if the covenants that had been agreed to by the former builder would be honored by SPL Page 7 of 8 REGULAR COMMISSION MEETING September 25, 2012 Holdings, LLC. Community Development Director Bramley said the lighting for the side entrances is sufficient ant Mr. Suris said they will honor all the covenants. Mayor Talabisco closed the public hearing. Commissioner Bushnell seconded by Commissioner Gomez moved approval of TR12247. Item passed unanimously (4-0) RESOLUTION R-2012-108 12. OTHER There being no further business to come before the City Commission, Mayor Talabisco adjourned the meeting at 10:41 a.m. Patricia Teufel, QIVIC Assistant City Clerk Page 8 of 8 REGULAR COMMISSION MEETING September 25, 2012