HomeMy WebLinkAbout2012-11-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, NOVEMBER 28, 2012
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 9:02 a.m. on Wednesday, November 28, 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 Harry Dressler were in attendance.
ABSENT: Commissioner Michelle J. Gomez
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and Interim City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
There were no Proclamations or Presentations scheduled for this meeting.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Said she attended the grand opening of the Krispy Kreme Shop
last week and said that she noticed that there is an urgent care center that will be opening
soon as well as a Chinese restaurant in the Sunshine Plaza. Commissioner Bushnell
attended the opening of the Recycle Event for Multi -family units at Kings Point and
recognized Public Information and Media Specialist Elise Boston who facilitated the event
and did a great job; the grand opening for the Kathleen C. Wright School on Prospect Road
who partnered with KaBoom, the Panthers and Jet Blue for a playground at the facility and
said the Building Dept. as well as the Parks &Recreation Dept. were recognized for assisting
the facility in getting the grant for the playground. She also attended the Turkey Trot and
opined on how well organized the event was and following the race she served dinner at
Broward Outreach.
b. Commissioner Gomez: Absent
c. Vice Mayor Glasser: Said on the last day of early voting the lines at the Library were
tremendous by 6:30 a.m. She received a call from Fred Bellis from the Supervisor of
Elections Office and asked if there was any way she could get chairs for people to use as a
lot of people in line were elderly or had some physical disabilities. Vice Mayor Glasser called
City Manager Cernech who then got in touch with Public Services Director Strain and Parks &
Recreation Director Warner who were able to accommodate the request for chairs. Vice
Mayor Glasser received a letter from a Plantation resident who was there to vote
complimenting Tamarac for taking the initiative to provide chairs for people. Vice Mayor
Glasser commended the staff who distributed the chairs as well as City Manager Cernech.
Page 1 of 7 REGULAR COMMISSION MEETING November 28, 2012
Mayor Talabisco asked Vice Mayor Glasser her perspective on the controversies surrounding
the election. Vice Mayor Glasser said part of the problem was some of the machines went
down and there were not enough machines in some of the precincts. She spoke of an
instance when a machine went down in one of the schools and as a result people were still
voting at 11:00 p.m. that evening. She said that this will have to be investigated to make sure
this does not happen again so that people will not be discouraged from voting and said she
does not know what will happen for the upcoming gubernatorial election in 2014.
Vice Mayor Glasser spoke about the recycling event that took place at Kings Point and the
Recycle Bank Program and its benefits to the environment.
d. Commissioner Dressler: Commissioner Dressler ceded his turn to the Chair.
e. Mayor Talabisco: Said that two weeks ago she was in Orlando for the 52nd Annual
Legislative Conference and sat on the Growth Management and Economic Development
Committee and the Florida League of Cities supports legislation dedicating state economic
development resources towards small businesses and also supports legislation directing
$300,000,000 from the landmark national foreclosure settlement agreement be used for
existing local government affordable housing initiatives in order to meet the housing needs of
local communities. She brought back a packet of information which will be available for
everyone to read.
There was a discussion regarding the source of funding for the affordable housing initiative.
Commissioner Dressler said that the funds would be better spent on Medicaid, which is a
safety net for people who are truly disenfranchised, than giving more money to people who
really cannot afford a house.
Mayor Talabisco wished City Manager Cernech a Happy Birthday and thanked Vice Mayor
Glasser for serving as Vice Mayor for the last year and appreciates her tremendous support
of Tamarac over the years.
Commissioner Dressler said there is a relevant issue that will have an effect on the city level
as well as on the county level and that is the federal legislation called the "Affordable Care
Act" which by 2014 will require everyone to have health insurance. Commissioner Dressler
said that if in 2014 everyone will be insured why are the residents of this county being asked
to contribute upwards of $2,000 a year to support local hospitals. If everyone is insured there
is no need for a subsidy that is based on the middle class taxpayer. Commissioner Dressler
said that he has contacted the City Attorney's Office for an opinion on this issue because he
feels that it might, or could, represent a double taxation. The Commission will be interested in
having a preliminary legal opinion on this because we may want to take a position on this and
draft either a resolution or proclamation to be sent to the County Commission to make other
people aware of this potential conundrum.
City Attorney Goren reported that
on December 19th
there will be
a public
hearing conducted
by
Broward
Health
in accordance
with
State
Statute
that
requires
all
public
hospitals
to do
an
Page 2 of 7 REGULAR COMMISSION MEETING November 28, 2012
evaluation of their actual market value. The reason for the public hearing is because the
legislature required that any public hospital that can tax, which Broward Health does, needs
to conduct a public hearing as to what their value is, not just their book or market value, but
their community based value in connection with the services they provide as well. Another
reason for the hearing is because public hospitals have the option to stay public, to convert
and sell their assets to a private resource, or transition ownership of the assets to a non-profit
on a lease basis. The issue that Commissioner Dressler raised was raised by Governor Scott
in an executive order to study the issue of ad valorem taxation for public hospitals. City
Attorney Goren said he will provide the Commission with more information as it becomes
available. The amount of money that Broward Health raises from ad valorem taxes in the
north district for indigent care is $150,000,000 with the cost of providing the services being
twice that. City Attorney Goren said that theoretically, if everyone is covered there is no need
for the ad valorem -tax and said that there are over 400,000 people in Broward County that
are uninsured.
3. CITY ATTORNEY REPORT: City Attorney Goren said that this past week the Fourth
District Court of Appeals rendered a decision which impacts not just the city of North
Lauderdale, but all cities in this district. A challenge occurred in North Lauderdale and the
issue was whether or not you can, by Ordinance, require landlords of multiple units to post a
deposit for utilities as opposed to an individual tenant. The question posed by the Court in
this decision is whether Chapter 180 of Florida Statutes precludes a city from requiring
landlords to contract with the city for water and sewer service. They held that the statute
does not restrict a city from doing so. This court acknowledged that cities have issues with
running a business and it said "the Statute does not expressly prohibit the city from declining
to contract with tenants for water and utility services and restricting service agreements to
property owners. Nothing in the Statute mandates the tenants have the ability to contract
with a municipality for services. We agree with the observation of the Circuit Court that by
requiring landlords to actively manage their private business interest, the city avoids the
burden of perhaps dealing with hundreds or thousands of individual tenants who might be
behind in their bills. We see nothing in the Statute that prevents the city from enacting an
ordinance designed to constrain costs that might otherwise be borne by the taxpayers." City
Attorney Goren said this gives the city a leg up that it did not have before. City Attorney
Goren added that the case could be appealed to the Supreme Court.
City Attorney Goren reported that there are two bills that have been filed this past week and
one is a bill for text messaging which will make it a crime to text while driving. There is also a
bill that was filed by Senator Negron requiring that members of the public be given a
reasonable opportunity to be heard before a board or commission. Tamarac already does
this, but it will now be mandated that for any issue before the commission requires the public
be given a right to be heard.
4. CITY MANAGER REPORT: City Manager Cernech thanked Vice Mayor Glasser for the
kind words regarding procuring chairs for people to use when waiting in line for early voting
on Saturday November 3rd. City Manager Cernech acknowledged Public Services Director
Strain and Parks &Recreation Director Warner and said this would not have been
accomplished without their assistance.
Page 3 of 7 REGULAR COMMISSION MEETING November 28, 2012
Past Event: City Manager Cernech reported that there were 1,685 runners who participated
in the Turkey Trot on Thanksgiving morning.
Upcoming Events: City Manager Cernech invited everyone to attend the following events:
Light Up Tamarac —Holiday Lighting ceremony on Wednesday, December 5th starting at 6:00
p.m. at the Community Center; the Paws With Claus Holiday Paw-ty from 10 a.m. to noon on
Saturday, December 8th at the Gary B. Jones Park for People and Pups; Rudolph's Winter
Wonderland from 6:30 p.m. to 8:30 p.m. at Tamarac Park on Friday, December 14t" and the
Community Garage Sale on Saturday, December 1st.
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and with no one
wishing to speak closed Public Participation.
6. CONSENT AGENDA: Mayor Talabisco asked if there were any additions to the Consent
Agenda and City Manager Cernech said there were no additions to the Consent Agenda.
Interim City Clerk Teufel said that item 6(e) TR 12261 had been amended to reflect the
selection of Michelle J. Gomez to serve as Vice Mayor until November 2013. Commissioner
Dressler seconded by Commissioner Bushnell moved approval of the Consent Agenda with
item 6(e) as amended. Motion passed unanimously (4-0)
a. APPROVAL OF THE NOVEMBER
MINUTES
APPROVED
13, 2012 SPECIAL COMMISSION MEETING
b. APPROVAL OF THE NOVEMBER 14, 2012 REGULAR COMMISSION MEETING
MINUTES
APPROVED
c. TR12248 - RENEWAL OF LIME SLUDGE REMOVAL, HAULING AND DISPOSAL
AGREEMENT - AMENDMENT # 1: A Resolution of the City Commission of the City of
Tamarac, Florida, authorizing the appropriate City Officials to approve Amendment #1 to the
agreement for "Lime Sludge Removal, Hauling and Disposal" with Austin Tupler Trucking,
Inc., to exercise the first two-year renewal option for lime sludge removal, hauling and
disposal; authorizing a price escalation of $1.25 per cubic yard, resulting in a change of cost
from $9.79 per cubic yard to $11.04 per cubic yard; authorizing an expenditure of funds for an
amount not to exceed $121,440.00 annually, and authorizing contract escalation/deescalation
as provided under the agreement beginning October 1, 2012 through September 30, 2014,
nunc pro tunc, with one (1) additional two-year renewal option remaining; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-129
d. TR12258 - AWARD OF RFP 12-13R FOR THE DESIGN/BUILD OF PRESSBOX:A
Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 12-13R
to and approving an Agreement with JMW Construction Corporation for the Design/Build of
Page 4 of 7 REGULAR COMMISSION MEETING November 28, 2012
the Sports Complex Press Box Project in accordance with Bid No. 12-13R for a contract
amount of $158,650.00; a contingency in the amount of $23,800.00 will be added to the
project account, for a total project budget of $182,450-00; authorizing an expenditure from the
appropriate accounts; authorizing budget amendments for proper accounting purposes;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-130
e. TR12261 - ELECTION OF A VICE MAYOR: A Resolution of the City Commission of the
City of Tamarac, Florida, electing a Vice Mayor to serve a term of one year beginning
November 28, 2012 and ending November 2013, with no succession; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2012-131
f. TR12265 - RENEWAL AND CHANGE ORDER TO THE AGREEMENT WITH PRESTIGE
PROPERTY MANAGEMENT FOR CITYWIDE LANDSCAPE MAINTENANCE: A Resolution
of the City Commission of the City of Tamarac, Florida, to approve Amendment Number 1 to
the Agreement with Prestige Property Management and Maintenance, Inc. for landscape
maintenance services of certain public rights -of -way and City parks; authorizing a two-year
renewal to the Agreement and authorizing an annual contract amount of $976,504.75 for
fixed -cost services; authorizing an amount not to exceed $25,195.25 to be added to the
contract for variable cost services for a total annual cost of $1,001,700; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2012-132
g. TR12274 - TASK AUTHORIZATION NO. 13-01 E TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR THE PREPARATION OF THE TAMARAC VILLAGE
PRELIMINARY DESIGN REPORT: A Resolution of the City Commission of the City of
Tamarac, Florida, approving Execution of Task Authorization No. 013-01 E with Mathews
Consulting, Inc. to provide Professional Engineering Services for the design and permitting of
the Tamarac Village Project, in accordance with the City's Continuing Service Agreement as
authorized by Resolution R-2011-87; authorizing an expenditure for said purpose in an
amount not to exceed $85,442.00; authorizing budget amendments as needed for proper
accounting purposes; providing for conflict; providing for severability; and providing_ for an
effective date.
RESOLUTION R-2012-133
h. TR12275 - AWARD BID 13-01 B FOR CITYWIDE JANITORIAL SERVICES: A Resolution
by the City Commission of the City of Tamarac, Florida, awarding Bid No. 13-01 B to and
approving an Agreement with United States Service Industries, Inc. for citywide janitorial
services; authorizing the appropriate City Officials to execute an agreement with United
States Service Industries, Inc.; authorizing an annual contract amount of $206,088 for fixed -
cost services; authorizing an amount not to exceed $20,608 to be added to the contract for
variable -cost services for a total annual budget of $226,696; providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION R-2012-134
Page 5 of 7 REGULAR COMMISSION MEETING November 28, 2012
i. TR12276 -PURCHASE OF PUMPS AND APPURTENANCES FROM HYDRA SERVICE,
INC.: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to designate Hydra Service, Inc., as a sole source provider for
pumps and appurtenances utilized at fifty-two (52) city wastewater pump stations, and to
authorize expenditures for the purchase of pumps and appurtenances from Hydra Service,
Inc., for an amount not to exceed $95,000.00 for Fiscal Year 2013; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2012-135
j. TR12280 - DUNBAR ARMORED CAR SERVICES: A Resolution of the City Commission of
the City of Tamarac, Florida authorizing the appropriate City Officials to exercise the renewal
option to the existing agreement to provide armored car services between the city of Tamarac
and Dunbar Armored Inc. For a period of two years commencing on January 14, 2013 and
ending on January 13, 2015, at a unit cost of $374.00 per month per pick-up location;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-136
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) — FIRST READING:
a. T02259 - AMENDING CHAPTER 18 "SIGNS & ADVERTISING" OF THE CODE OF
ORDINANCES: An Ordinance of the City Commission of the City of Tamarac, Florida, to
amend the City's sign regulations by specifically amending Chapter 18, "Signs and
Advertising", 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 T02259 by title into the record. Commissioner Dressler
seconded by Commissioner Glasser moved approval of T02259 on First Reading. Planning
and Zoning Zickar gave a presentation (on file in the City Clerk's Office). Planning and
Zoning Manager Zickar and Community Development Director Bramley responded to the
many questions and concerns of the Commission.
Commission Dressler left the meeting at 10:05 a.m.
Motion passed (3-0)
PASSED ON FIRST READING NOVEMBER 28, 2012
9. PUBLIC HEARING(S):
a. TR12264 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT: A
Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate
City officials to approve the Consolidated Annual Performance Evaluation Report (CAPER
FY2011-2012) for the U.S. Department of Housing & Urban Development (HUD)'s
Community Development Block Grant (CDBG) programs for HUD's fiscal year 2011-2012;
case no.24-mi-12; providing for conflicts; providing for severability; and providing for an
effective date. City Attorney Goren read TR12264 by title into the record. Commissioner
Bushnell seconded by Commissioner Glasser moved approval of TR12264. Housing
Administrator Bauldree gave a brief presentation.
Page 6 of 7 REGULAR COMMISSION MEETING November 28, 2012 0
Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing.
Commissioner Dressler returned to the meeting at 10:12 a.m.
Motion passed unanimously (4-0)
RESOLUTION R-2012-137
10. ORDINANCE(S) —SECOND READINGS:
a. T02266 -BUDGET AMENDMENT #2: An Ordinance of the City Commission of the City of
Tamarac, Florida, amending Ordinance 2012-13, which amended the City of Tamarac
Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial
Policies for the Fiscal Year 2012, by increasing the total revenues and expenditures by a total
of $631,735 as detailed in Exhibit A attached hereto; providing for conflicts; providing for
severability; providing for an effective date. City Attorney Goren read T02266 by title into the
record. Commissioner Glasser seconded by Commissioner Dressler moved approval of
T02266 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 NOVEMBER 14, 2012
PASSED ON SECOND READING NOVEM BER 26, 2012
ORDINANCE NO. 2012-26
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial items scheduled for this
meeting.
12. OTHER:
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting 10:17 a.m.
Beth Talabisco, Mayor
.`
Patricia Teufel, C
Interim City Clerk
Page 7 of 7 REGULAR COMMISSION MEETING November 28, 2012