HomeMy WebLinkAbout2012-10-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, OCTOBER 10, 2012
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 7:05 p.m. on Wednesday, October 10, 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 Assistant City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Michelle J. Gomez led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October
2012 as "Domestic Violence Awareness Month". (Requested by Women in Distress of
Broward County)
b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of October
21 - 27, 2012 as "Together We Serve Week". (Requested by Mayor Beth Talabisco)
2. CITY COMMISSION REPORTS:
Commissioner Bushnell: Said through the United Way she has become a mentor in the public
schools and will contribute those volunteer hours to the challenge to collect one million
volunteer hours. Commissioner Bushnell said she belongs to the BLC Insurance Committee
which will be meeting tomorrow to discuss the Citizens Insurance issue and will report back
to the Commission at the next meeting. Commissioner Bushnell stated she also volunteers
for the COPS program and Broward Outreach where she is helping adults get their GED's.
Commissioner Bushnell said she attended the Employee Luncheon today and is please to
see employees receive recognition for their accomplishments.
Mayor Talabisco reminded everyone to make sure they record their volunteer hours and
directed staff to make sure they record their hours as well. Mayor Talabisco said we can
monitor our progress on the Broward League of Cities website.
b. Commissioner Gomez: Said over the past two weeks she attended various HOA meetings
and is glad she is able address some of their concerns. Commissioner Gomez attended the
BLC Education Committee meeting where they discussed important issues that teachers,
students and Charter Schools are facing. Commissioner Gomez said it was wonderful to
hear the achievements of city staff at the luncheon and praised staff for puffing the City of
Tamarac in a good light. Commissioner Gomez said she was disappointed she was not able
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attend the event where Vice President Biden spoke and looks forward to attending the Relay -
for -Life kickoff party on Thursday evening.
c. Vice Mayor Glasser: Said Vice President Biden came to Kings Point and the entire
commission and City Manager Cernech were invited. Vice Mayor Glasser said this week is
Fire Prevention Week and people should check their smoke alarms and have 2 ways to
evacuate their homes in case of a fire.
Mayor Talabisco commented that Vice Mayor Glasser is also the State Committee and
National Committee Woman for the Democratic Parry and has dedicated her life to
democracy. It is because of committed men and women like Vice Mayor Glasser that our
democracy is allowed to thrive.
d. Commissioner Dressler: Had no report.
Commissioner Bushnell gave kudos to BSO for hosting a recent event in Tamarac wherein
they were checking vehicle insurance documentation.
e. Mayor Talabisco: Attended the Employee Recognition Luncheon today and said it is very
rewarding to see the people progress through the ranks or attain degrees and certifications.
Mayor Talabisco thanked staff for being supportive of her over the past year.
Mayor Talabisco said she attended a meeting of Mission United, a partnership between
United Way and the American Red Cross, which is a program developed to assist returning
military personnel and their families in the areas of employment, health and housing. Once
she gets more information she will bring it back to the Commission. Mayor Talabisco said
Kathleen Cannon, CEO of United Way, has been invited to give a presentation on Mission
United at a Broward League of Cities meeting.
Mayor Talabisco said Relay -for -Life will have a kickoff event tomorrow evening at Colony
West Country Club celebrating the 100th Birthday of the American Cancer Society in 2013.
Tamarac has joined forces with North Lauderdale this year and the Relay -for -Life event will
take place at Millennium Middle School on the weekend of May 17-18, 2013. Mayor
Talabisco will be serving as Survivor Chair and will get back to the Commission with more
information.
Mayor Talabisco said October is Breast Cancer Awareness Month and the Sun -Sentinel is
featuring Gilda's Club of South Florida which offers services to cancer survivors and their
families. The Sun -Sentinel has also done a pictorial in Gilda's Club's Garden for an upcoming
event called "Party In Pink" and she is honored to be part of it. Mayor Talabisco said that she
has been a member of Gilda's Club for two years and it is an honor to be a voice and speak
of her story. The Sun -Sentinel is also doing a series called "Life's Victories — Life After Breast
Cancer" and she will be featured in the October 27-28 edition.
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Mayor Talabisco asked City Attorney Goren to add Gilda's Club to the list of charities and
organizations that Tamarac has a relationship with in order to be in compliance with Broward
County's Ethics Code. City Attorney Goren said he would take care of it.
Mayor Talabisco said that a Tamarac Resident Susan Buzzi, a renowned photographer and
member of Tamarac's Public Art Committee, has been commissioned by the Susan G.
Komen Race for the Cure to photograph breast cancer survivors. A composite of her work,
called "I am a Strong Woman" will be presented at the Broward County College Library on
October 16th from 5:30 to 7:30 pm. Mayor Talabisco said she is featured in this book and
encouraged everyone to attend.
Mayor Talabisco said this afternoon she attended a webinar relative to Amendment 4 and
how it will affect cities. Mayor Talabisco said most cities are passing resolutions and would
like to see Tamarac pass a resolution.
Mayor Talabisco said she read an article in Florida Trend's October issue about Boyd
Gambling, holder of the pari-mutuel permit for Dania Jai Alai, signing a deal with Sunrise
Sports & Entertainment, which operates the BB&T Center, to potentially bring a casino to the
Center area. Mayor Talabisco said she also read that Eagle Trace Golf Club in Coral Springs
is in foreclosure.
Mayor Talabisco said that since 2004 Tamarac has been working towards achieving the
Governor's Sterling Award and is pleased to announce that the application will be submitted
in November with a site visit scheduled for the week of February 25, 2013 and the award
scheduled for May 2013.
3. CITY ATTORNEY REPORT: City Attorney Goren said that yesterday the Broward Sheriff's
Office filed a lawsuit against Broward County essentially for relief of breach of contract torts
and appearance, territory relief and injunctive relief with regards to the transition of the BSO
employees that became county employees who have access to the CAD system which
operates dispatch in Broward County. Broward County has sent every city manager in
Broward a Management Control Agreement (MCA) and City Manager Cernech is reviewing
the MCA at this time. This matter is supposed to go before the County Commission on
Tuesday. The challenge is under federal and state law access to the data that could be
obtained during the course of dispatch information is typically only available to law
enforcement personnel, whereas data that would be given to civilians, which includes certain
privileged information, is not permitted to be given. BSO has filed suit to challenge the
County's decision to transition the employees and give them access to privileged information.
The complaint states that the county has barred the Sheriff's professional law enforcement
people from access to the CAD system. This is serious matter with serious implications not
just between the county and BSO, but to all affected cities. The County has already had a
shade session regarding this lawsuit. Sunrise Mayor Ryan has asked Commissioner Bobby
DuBose to seek the Broward League of Cities' intervention in the lawsuit. City Attorney
Goren said that he has a Chapter 164 round one meeting with the County for Pembroke
Pines on the same issue as Ft. Lauderdale's issue on dispatch.
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This is an issue that we have to look at along with administration and our own police
professionals. Commissioner Dressler asked for an update at a workshop as to what the _
issues are and any courses of action that other cities are taking that Tamarac might consider.
City Attorney Goren said they will monitor the matter for Tamarac and get back to the
Commission with more information.
The Fourth DCA rules on matters every Wednesday and they made a decision in the case of
City of Boynton Beach vs. Jonots, a case his firm handled and in which they were successful.
The case involved the city condemning property for public purposes and when they filed their
condemnation petition they simultaneously filed a claim for code enforcement lien(s) that had
been against the non -homesteaded property. When the property owner sought to take the
money from the court registry pending the full trial, the City objected on the basis that it had
filed a request that the monies allocable for the code lien be withheld by the court pending the
outcome of the trial, and that the City be paid for its code lien(s). The trial court said no under
Chapter 162 stating that you had to file a separate court petition to have the court adjudicate
your rights and, therefore, deny the City's rights to access to its code lien(s). The Appellate
Court did not agree with the trial court, what was determined was that under Chapter 162
petition may also mean a request. A request could in fact be a motion which is not a separate
petition requiring a filing fee and a whole processing procedure. Therefore, the City would
have had the right even by motion, or request of any kind, to request its share of the code
enforcement lien opportunities. This is a good thing for Tamarac as we now may have access
to monies that we did not have before, by simply filing a motion with the Court as opposed to
a separate legal action to collect those excess funds for code liens on properties which are
either in condemnation or foreclosure. City Attorney Goren said that he will keep the
Commission apprised of this in the future. City Attorney Goren also thanked Mayor Talabisco
for her support of Gilda's Club which is an organization that does great things for people who
have great and significant needs.
4. CITY MANAGER REPORT: City Manager Cernech said that Tamarac has been invited to
serve as a presenter for the Playful City USA "Best Practices in Play" webinar networking
event which will highlight the work of the Catch Kids Program. City Manager Cernech
reported that the Social Services Division has advised him that a dedicated volunteer, Ed
Levy, has been chosen by Impact Broward to be honored as one of three volunteers to
receive the Public Service Award. There will be free flu shots for Tamarac residents on
Friday, October 19tn at University Hospital and Medical Center between 8:00 & 11:00 a.m.
Individuals will need to contact University Hospital and schedule an appointment as this will
be on a first come first served basis.
Past Events: Approximately 175 people attended the 3rd Annual Play Day held on September
27tn and 200 people attended the Dive -In Movie event on September 29tn
Upcoming Events: The Halloween Hoopla will be held on Friday, October 26tn from 6 to 8:00
p.m. at Tamarac Park.
City Manager Cernech said he wanted to thank the Mayor and Commission for the seamless
budget process this year. Staff presented a good budget and the Commission spent a lot of
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_ time studying the budget and making sure that the decisions made were in the best interests
for the City of Tamarac. It is important to acknowledge the support you give staff through this
process which allows us to do the great things we do on behalf of the residents of Tamarac.
City Manager Cernech also wanted to thank the Commission for attending the Employee
Appreciation Luncheon earlier today where they were able to see a room full of employees
acknowledging the accomplishments of their peers over the last year. We would not have
this dedicated group of people if we did not have the support of the Mayor and Commission
giving us the resources we need to accomplish everything we do.
City Manager Cernech said during his quarterly meetings with employees he is talking about
the good things we are doing in the community and how important the employees are in
accomplishing the projects. Good leadership is important, but it is the people in the field who
have the contact with our residents every day that really does make Tamarac great. We
have been able to maintain a high level of satisfaction from our residents because our
employees do a good job. City Manager Cernech said the employee satisfaction levels have
actually improved over the last several years as we ask them what is important to them and
we try to provide that.
Commissioner Gomez said she wanted to mention that she also attended the Catch Kids
Program webinar and wanted to congratulate Linda Probert and Michelle Zimmer for an
excellent presentation.
— Finally, City Manager Cernech said he wanted to thank Fire Chief Burton and IAFF Union
3080 for the pink shirts that everyone was wearing in honor of Breast Cancer Awareness
Month
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation: Barry Topcik,
7902 NW 86'h Terrace expressed his concern, and had questions about, the solid waste
assessment appearing on his TRIM Notice. Mayor Talabisco asked Mr. Topcik to speak with
Financial Services Director Mason to address his questions and concerns.
6. CONSENT AGENDA: Mayor Talabisco asked Mr. Cernech whether there were any
changes or additions to the Consent Agenda. Mr. Cernech said there were no changes or
additions to the Consent Agenda. Commissioner Gomez seconded by Commissioner
Bushnell moved approval of the Consent Agenda as presented. The motion passed
unanimously (5-0).
a. APPROVAL OF THE SEPTEMBER 19, 2012 SPECIAL COMMISSION MEETING
MINUTES
APPROVED
b. APPROVAL OF THE SEPTEMBER 25, 2012 REGULAR COMMISSION MEETING
MINUTES
APPROVED
c. TR12249 - 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG):
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A Resolution of the City Commission of the City of Tamarac, Florida, approving the
memorandum of understanding between the City of Tamarac and the Broward Sheriff's Office
for the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG); authorizing the
appropriate City officials to execute the memorandum of understanding; authorizing the
Broward Sheriff's Office to continue to serve as the lead Agency providing for the
Administration of the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG);
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-109
d. TR12251 RENEWAL OF AGREEMENT WITH POSTAL CENTER INTERNATIONAL, INC.
FOR MAIL SERVICES: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to extend an existing agreement with Postal Center
International, Inc. for city-wide mailing services, utilizing Southeast Florida Governmental
Purchasing Cooperative Group Contract #785-9915, effective October 5, 2008, through
October 4, 2013 or as extended by the city of Ft. Lauderdale on behalf of the Southeast
Florida Governmental Purchasing Cooperative; providing for conflicts, providing for
severability; and providing for an effective date.
RESOLUTION R-2012-110
7. REGULAR AGENDA — There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) — FIRST READING — There were no Ordinances — First Reading
scheduled for this meeting.
9. PUBLIC HEARING(S) — There were no Public Hearing items scheduled for this meeting.
10. ORDINANCE(S) — SECOND READINGS:
a. T02264 - FIREFIGHTER PENSION PLAN AMENDMENT: Motion to adopt an Ordinance
of the City Commission of the City of Tamarac Florida; on second reading amending Chapter
16, 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 Gomez seconded by Commissioner
Dressler moved approval of T02264 on second reading.
Mayor Talabisco opened the Public Hearing and with no one wishing to speak, closed the
Public Hearing.
Motion passed unanimously (5-0)
PASSED ON FIRST READING SEPTEMBER 25, 2012
PASSED ON SECOND READING OCTOBER 10, 2012
ORDINANCE NO. 0-2012-24
b. T02265 - SUNRISE NATURAL GAS AGREEMENT: Motion to adopt an Ordinance of the
City Commission of the City of Tamarac, Florida, on second reading authorizing the
appropriate City officials to execute a franchise agreement between the City of Tamarac and
Page 6 of 7 REGULAR COMMISSION MEETING October 10, 2012
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 TO2265 by title into the record. Commissioner Dressler seconded
by Vice Mayor Glasser moved approval of TO2265 on second reading.
Mayor Talabisco opened the Public Hearing and with no one wishing to speak, closed the
Public Hearing.
Motion passed unanimously (5-0)
PASSED ON FIRST READING SEPTEMBER 25, 2012
PASSED ON SECOND READING OCTOBER 10, 2012
ORDINANCE NO. 0-2012-25
11. QUASI-JUDICIAL HEARING(S) — There were no Quasi -Judicial Hearing items schedule
for this meeting.
12. OTHER
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting at 8:03 p.m.
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Wisc,
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Patricia _f
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