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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