HomeMy WebLinkAbout2013-02-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, FEBRUARY 27, 2013
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 9:04 a.m. on Wednesday, February 27, 2013 in City Commission Chambers,
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Beth Talabisco, Vice Mayor
Bushnell, Commissioner Patricia Atkins -Grad and
attendance.
Harry Dressler, Commissioner Pamela
Commissioner Diane Glasser were in
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and Interim City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Vice Mayor Harry Dressler led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. February Employee Service Awards
5 -. Year Awards: Christine Cajuste, Controller, Finance; Vanelicer Holstein, Customer
Service Representative 1, Finance; Frank Zickar, Planning & Zoning Manager, Community
Development; Moses Pineda, Service Worker 1, Public Services; Gabriela Gencyigit,
Customer Service Representative/Cashier, Parks & Recreation
10 -Year Award: Michelle Zimmer, Recreation Superintendent, Parks & Recreation
15 - Year Award: Bambi Dietz, Firefighter Paramedic, Fire Rescue
20 - Year Award: Nancy Flores, Office Specialist, Community Development
25 - Year Awards: Richard. Cravero, Captain Paramedic, Fire Rescue; John Gaul, Driver
Engineer Paramedic, Fire Rescue; William Hughes, Firefighter EMT, Fire Rescue; Philip
Mordente, Driver Engineer Paramedic, Fire Rescue; Duane Pierce, Lieutenant Paramedic,
Fire Rescue; Steven Ward, Driver Engineer Paramedic, Fire Rescue
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Said she attended a luncheon at the Signature Grand honoring
Mada Ginzer for the outstanding work that she has done on behalf of condos; the kick off for
the Relay for Life and announced that Tamarac has a team and invited people to join; the
Broward League of Cities dinner in Coral Springs; the Concert in the Park on Friday evening;
the Community Garage Sale and manned a table with the Tamarac Historical Society that
netted $300 in bake sales and said while she was unable to attend the Chamber of
Commerce Health Fair, she understands it was well attended. Commissioner Bushnell said
that she supports the recall of Commissioner Atkins -Grad and read the Oath of Office, which
everyone takes upon being sworn in, into the record and stated that everyone takes this oath
and we are supposed to be out there representing the people of the City of Tamarac which is
not happening now. with Commissioner Atkins -Grad. Commissioner Bushnell cautioned
Commissioner Atkins -Grad to be careful with misrepresentations of the truth.
Page 1 of 7 REGULAR COMMISSION MEETING February 27, 2013
b. Commissioner Atkins Grad: Said the last few weeks have been interesting as she has
been taking care of her 109 year old Aunt Pearl and that was the reason she had to leave the
last meeting early as her health has been deteriorating. She also said that she and her
husband both suffered food poisoning earlier this week and that is the reason she did not
attend Monday's workshop. Commissioner Atkins -Grad said that she has been in
communication with many of her constituents that support her and attended a meeting at the
Woodlands Neighborhood Improvement District regarding improvements to the Woodlands.
Commissioner Atkins -Grad stated that she will not resign.
c. Commissioner Glasser: Reported that she watched the Broward County Commission
Meeting and said that Chief Burton gave a very elegant speech regarding the E911
Consolidation issue. Commissioner Glasser urged everyone to contact the Broward County
Commission and let them know the needs of the county and what should be done.
Commissioner Glasser attended the Area Agency on Aging fund raiser and was pleased to
announce that they exceeded their goal of funds needed to be raised; the Broward League of
Cities event last week and attended a seminar on insurance issues; the University Hospital
Board meeting and said the new CEO is doing a fantastic job of reorganizing to make
University Hospital a better facility.
d. Vice Mayor Dressler: Addressed allegations that were made against him at recent
meetings and in blogs.
e. Mayor Talabisco: Said the Concert in the Park on Friday evening was well attended and
invited everyone to attend the concert on March 23rd which will feature the band Blood, Sweat
& Tears. Mayor Talabisco also attended the Tamarac Chamber of Commerce Health Fair
which was very well attended.
At the request of Mayor Talabisco Chief Burton gave an update on the E911 Consolidation.
3. CITY ATTORNEY REPORT: City Attorney Goren said that over the last few days the
Inspector General has issued some documents to municipal attorneys in Broward County.
These documents are referred to as OIG Ethics Guidelines and the IG has taken it upon
himself to begin to publicize and issue guidelines for public officials which, depending on the
content, may or may not be binding, they may simply be persuasive or helpful. As an
example, the OIG Ethics guideline states "The Broward Office of the Inspector General
believes that the public is best served when there is full compliance with the Broward County
Code of Ethics for elected officials. The OIG Ethics Guidelines are intended to maximize
transparency and efficiency as it relates to enforcement of the Code of Ethics. The Guidelines
are designed as a reference for the OIG staff that is responsible for investigations and are
being published publically so that elected officials and the general public are aware of the
OIG's expectations relating to the Code of Ethics. The aim of the guidelines is to facilitate
maximum compliance and minimize unsubstantiated investigations by announcing the timing
of OIG compliance reviews and providing notification of the standards for ethics inquiries and
Page 2 of 7 REGULAR COMMISSION MEETING February 27, 2013
investigations." That is the general global sense of what the IG is doing, but as a caveat to
that guideline there is also language which specifically says that the safe harbor rule still
applies and that local government attorneys can provide opinions, if requested, based on
material- facts. affecting that particular municipality. It says specifically "opinions issued
pursuant to Section 1-19 c 8 of the Broward County Code of Ordinances are not affected by
the OIG Ethics Guidelines." Based on what he has read so far, that notwithstanding the
Guidelines being promulgated, the City Attorney's opinions are still binding as prescribed by
the Code of Ordinances. City Attorney Goren said that they are still reviewing a particular
guideline regarding filing of Outside or Concurrent Employment and Remuneration for public
inspection. There is a set of provisions in the proposed guideline which talks about secondary
employment and what is interesting is that the document refers to county officials who are
required to report quarterly on March, June, September and December 15th and the OIG's
office is suggesting an April 15th filing. We disagree with that and we have given this
Commission a written opinion that the July 1st deadline for filing Form 1 would be the filing
date for the Outside Concurrent Employment. We will look into this further and will report
back as appropriate.
City Attorney Goren said that on today's agenda there will be an ordinance regarding
telecommunications and for the benefit of legal counsel present and others that are here to
speak they will be able to speak under Public Participation as Ordinances -First Reading are
not Public Hearings. There are several letters that were put into the record last evening and
this morning which he has just begun to review and he will share those letters directly with
outside special counsel Tamarac has retained for review as well.
Lastly, City Attorney Goren said that there are several Chapter 164 procedures currently
pending in Broward with regard to E911, one of which is with the City of Ft. Lauderdale and
the City of Pembroke Pines, both cities will be looking at whatever options might occur. It is a
complicated topic now that the County Commission has acted and we will look at this more
carefully and report back to the Commission as this matter progresses.
4. CITY MANAGER REPORT: City Manager Cernech thanked Chief Burton for all the work
he has done regarding the E911 Consolidation issue. City Manager Cernech said that this
week is the Sterling Award site visit and the examination team has been busy since Sunday
afternoon examining our organization and reported that so far it is going very well. Tomorrow
they will spend the day speaking with the employees about our organization and our city and
how we provide service. This has been a positive experience and is proud of everyone's
excitement and enthusiasm regarding the visit. Mayor Talabisco said that she attended the
Sterling kick off on Monday morning and it was terrific to see the energy and enthusiasm of
the employees.
City Manager Cernech said that the Transportation Division reports that the Super Walmart
shuttle will run only on Tuesdays and Thursdays beginning on March 5th. Pick up will be at
the Community Center at 10:15 am, 11:15 am and 1:15 pm and people can call the
Transportation office at 954-597-3649 for more information.
Page 3 of 7 REGULAR COMMISSION MEETING February 27, 2013
City Manager Cernech reported that the Friday Night Concert in the park was a huge success
with approximately 800 to 900 people in attendance; the next concert is the "Rock All Ages"
event scheduled for Saturday, March 23rd from 4:00 pm to 9:30 pm and will feature Blood
Sweat and Tears as well as a Bon Jovi/Journey Tribute Band, food trucks, games for kids
and fireworks. The well
Garage sale was held on February 23rd at Tamarac Park and
was also very well attended; the next garage sale will be on Saturday, September 7tn.
City Manger Cernech said there will be a free Bike Rodeo event for children of all ages on
Saturday, March 16t" from 10:00 am to 11:30 am at the Community Center and children can
stop by and learn bike riding safety tips among a host other things. There will be a Hawaii "5-
0" Senior Party on Thursday, March 21St from 1:00 pm to 3:00 pm at the Community Center,
the cost is $8.00 per person and includes an Island Lunch, Hawaiian Show with Hula
dancers, music and dancing. Tickets are limited to the first 175 and everyone was urged to
sign up today.
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following
individuals spoke: George Stroker, 5504 Water Oak PI., addressed circumstances regarding
Commissioner Atkins -Grad; Sharon Aron Baron, 4709 Woodlands Blvd., asked the Mayor to
endorse the Mayors for the Freedom to Marry movement and requested Commissioner
Atkins -Grad resign. Mayor Talabisco asked staff to look into the group and get back to her
with more information. Melissa Anderson, Counsel for Crown Castle spoke about T02272 —
Telecommunication Ordinance; Victor Beninate of AT&T also spoke about T02272; Eileen
Lieberman, 4809 Woodlands Blvd.; asked the Commission to adopt the County's ordinance
regarding decorum and to check out an organization called the Village Square (Ms.
Lieberman provided documents to the Clerk which are on file in the City Clerk's office)
6. CONSENT AGENDA: Mayor Talabisco asked City Manager Cernech if there were any
additions/changes to the Consent Agenda. City Manager Cernech said that there was backup
material on the dais for Regular Agenda Item No. 7(a) TR12309 for the Commission's
consideration and added that there were no additions/changes to the Consent Agenda.
Commissioner Bushnell seconded by Vice Mayor Dressler moved approval of the Consent
Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the February 13, 2013 Regular Commission Meeting Minutes.
APPROVED
b. TR12306 -Agreement with Broward County accepting the Broward County Tree
Preservation Trust Fund Grant in an amount up to $57,613: A Resolution of the City
Commission of the city of Tamarac, Florida, accepting the Broward County Tree Preservation
Trust Fund Grant in an amount up to $57,613; authorizing the appropriate City Officials to
execute an Agreement between the city of Tamarac and Broward County for the Tree
Preservation Grant Funds; authorizing budget amendments as needed for proper accounting
purposes; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R 2013-17
Page 4 of 7 REGULAR COMMISSION MEETING February 27, 2013
c. TR12277- Police Pension Board Fifth Member Appointment: A Resolution of the City
Commission of the City of Tamarac, Florida, confirming the appointment of Ron Holt as a
Trustee of the Police Pension Board to serve a two-year term ending February 27, 2015 or
until new appointments are made; providing for conflicts; providing for severability; and
providing an effective date.
RESOLUTION R 2013=18
d. TR12308 - Wastewater Main Rehabilitation Inflow & Infiltration Project - SAK Construction:
A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials 'to accept and execute the Agreement Amendment #1, exercising a
single year renewal option between the City of Tamarac and SAK Construction, LLC, utilizing
Choice Facility Partners (CFP) Contract #10/039MP-01 for an amount not to exceed
$1,600,000.00 for the FY13 Wastewater Main Rehabilitation Inflow and Infiltration Project;
authorizing the appropriate City Officials to administer the contract; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R 2013-19
7. REGULAR AGENDA
a. TR12309 -Project Monodose for a Qualified Target Industry Tax Refund: A Resolution of
the City Commission of the City of Tamarac, Florida, recommending approval of Project
Monodose for a Qualified Target Industry Tax Refund; recommending Project Monodose as a
Qualified Target Industry Business pursuant to Section 288.106, Florida statutes; committing
the City to payment of a percentage of the Qualified Target Industry Tax Refund as a local
match as required by State Statute; authorizing City Officials to provide a local match or local
financial support for the Qualified Target Industry Tax Refund in the form of cash; providing
for conflicts; providing for severability; and providing for an effective date. City Attorney Goren
read TR12309 by title into the record. Vice Mayor Dressler seconded by Commissioner
Bushnell moved approval of TR123909. Community Development Director Jennifer Bramley
appeared and gave a presentation. Todd Holt from the Greater Ft. Lauderdale Alliance
introduced himself to the Commission and thanked them for their support with Project
Monodose.
Motion passed unanimously (5-0)
RESOLUTION R 2013-20
8. ORDINANCE(S) - FIRST READING
a. T02272 - Amending Chapter 24 entitled "Telecommunications Towers and Antennas": An
Ordinance of the City Commission of the City of Tamarac, Florida; amending Article IX,
Chapter 24 entitled "Telecommunications Towers and Antennas" of the Code of Ordinances
of the City of Tamarac, Florida, as amended, and to regulate personal wireless service
facilities in the public rights -of -way; containing a repealer provision, a severability clause, and
providing for an effective date. City Attorney Goren read T02272 by title into the record.
Vice Mayor Dressler seconded by Commissioner Glasser moved approval of T02272 on first
reading. Assistant City Manager Diane Phillips gave a presentation and Community
Development Director Bramley provided an analysis of the proposed revisions to the
Page 5 of 7 REGULAR COMMISSION MEETING February 27, 2013
ordinance and stated she has not been able to research information regarding bandwith and
different stealth models and will have that information prior to second reading.
Motion passed 4-0 with Commissioner Glasser dissenting.
PASSED ON FIRST READING FEBRUARY 27, 2013
9. PUBLIC HEARING(S):
a. TR12307 - NSP3 Third Amendment to FY 2010/11 Action Plan: A Resolution of the City
Commission of the City of Tamarac, Florida, amending the Community Development Block
Grant ("CDBG") Program, fiscal year 2010/11 Annual Action Plan tenth program year to
provide for a revision of the target areas to include the areas depicted in exhibits "G through
X which are attached hereto; providing for conflicts; providing for severability; providing for an
effective date. Attorney Goren read TR12307 by title into the record. Vice Mayor Dressler
seconded by Commissioner Glasser moved approval of TR12307.
Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing.
Motion passed unanimously (5-0)
RESOLUTION R 2013-20
b. TR12300 - Approval of FY 2013-2015 LHAP: A Resolution of the City Commission of the
City of Tamarac, Florida approving the Local Housing Assistance Plan as required by the
State Housing Initiatives Partnership Program Act, sub -sections 420.907-420.9079, Florida
Statutes; and rule chapter 67-37, Florida administrative code; authorizing and directing the,
Mayor to execute any necessary documents and certifications needed by the state;
authorizing the submission of the Local Housing Assistance Plan for review and approval by
the Florida Housing Finance Corporation; authorizing the appropriate City officials to accept
the State of Florida's State Housing Initiatives Partnership (SHIP) Program budget by
accepting the fiscal year 2013, 2014, and 2015 allocations of the program funds to be utilized
according to the City's Local Housing Assistance Plan and housing delivery goals chart; that
the appropriate City officials are hereby authorized to appropriate said funds including any
and all subsequent budgetary transfers to be in accordance with proper accounting
standards; providing for conflict; providing for severability; and providing an effective date.
Attorney Goren read TR12300 by title into the record. Commissioner Glasser seconded by
Commissioner Atkins -Grad moved approval of TR12300.
Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing.
Motion passed unanimously (5-0)
RESOLUTION R 2013-21
10. ORDINANCE(S) -SECOND READING: There were no Ordinances on Second Reading
scheduled for this meeting.
Page 6 of 7 REGULAR COMMISSION MEETING February 27, 2013
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing items scheduled
for this meeting.
12. OTHER
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting at 10:56 a.m.
Patricia Teufel, C
Interim City Clerk
Page 7 of 7 REGULAR COMMISSION MEETING February 27, 2013