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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 Page 1 of 7 REGULAR COMMISSION MEETING October 10, 2012 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. Page 2 of 7 REGULAR COMMISSION MEETING October 10, 2012 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. Page 3 of 7 REGULAR COMMISSION MEETING October 10, 2012 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 Page 4 of 7 REGULAR COMMISSION MEETING October 10, 2012 _ 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): Page 5 of 7 REGULAR COMMISSION MEETING October 10, 2012 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. R Wisc, a Beth Ta • Patricia _f rAssistant Page 7 of 7 REGULAR COMMISSION MEETING October 10, 2012