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HomeMy WebLinkAbout2013-03-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, MARCH 27, 2013 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 9:03 a.m. on Wednesday, March 27, 2013 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, and Commissioner Diane Glasser were in attendance. ABSENT: Commissioner Patricia Atkins -Grad. 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: a. Presentation of a Proclamation by Mayor Beth Talabisco proclaiming the month of April, 2013 as "Fair Housing Month". (Requested by Housing & Neighborhood Programs Manager Angela Bauldree) b. Presentation of a proclamation by Mayor Beth Talabisco designating 2013 as "Viva Florida 500". (Requested by Mayor Beth Talabisco and the Tamarac Historical Society) c. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of April 2013 as "Water Conservation Month". (Requested by Laboratory Manager Fran Oney) d. Presentation of a proclamation by Mayor Beth Talabisco proclaiming April 9, 2013 as "National Service Recognition Day". (Requested by Mayor Beth Talabisco) e. Presentation of a proclamation by Mayor Beth. Talabisco proclaiming the month of March 2013 as "Women's History Month". (Requested by Mayor Beth Talabisco) f. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of March, 2013 as "March for Meals Month". (Requested by Mayor Beth Talabisco) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Thanked Community Development Director Bramley for attending a civic meeting last week and answering questions regarding Mainlands Park; attended the first class of Tamarac University on March 19t"; went on a tour of Woodmont with Community Development Director Bramley on March 26th; attended the fabulous Rock of Ages concert on Saturday March 23rd; attended a meeting in the Woodlands last evening where she met Ken Behring who was signing books and telling stories about Tamarac and wished everyone a Happy Easter. Page 1 of 6 REGULAR COMMISSION MEETING MARCH 27, 2013 b. Commissioner Atkins Grad: Absent c. Commissioner Glasser: Hoped everyone had a Happy Passover and wished everyone a Happy Easter; attended a meeting at Westwood 4 this past week and was pleased to report no one had any complaints as people were there mainly to get information; will be attending the District 1 Neighborhood meeting this evening along with Commissioner Bushnell and commented that it is good to get out into the other areas of Tamarac. d. Vice Mayor Dressler: Attended the General Employee's Pension Board meeting on March 20th and gave Kudos to all the trustees who work tirelessly on that board and said he himself finds it to be extremely meaningful to participate as a trustee and proudly reported that Tamarac recently hosted a meeting of the Metropolitan Planning Organization in City Hall. e. Mayor Talabisco: Said she also hoped everyone had a Happy Passover and wished everyone a Happy Easter; reported that she had the honor to go out with the volunteers from Broward Meals On Wheels to serve residents in Tamarac and said it was a very humbling and uplifting experience. Mayor Talabisco said she received a lot of favorable calls about the Rock of Ages Concert on Saturday, praised staff for a wonderful job and thanked the volunteers from CERT, The Tamarac Historical Society and COPS who also contributed to the success of the event. Mayor Talabisco reported she received a call from Miramar Mayor Mosley who is the chair for the Women's Caucus for the US Conference of Mayors who asked her to serve on the nominating committee for the next board of the Women's Caucus. Mayor Talabisco congratulated Commissioner Glasser for being recognized as the retiring State Committee Woman for the Democratic Party in Florida at the Jefferson Jackson Dinner on March 23ra Vice Mayor Dressler said it is an interesting coincidence that this past week was the 500tn Anniversary of Machiavelli's "The Prince" and recommended it for reading. 3. CITY ATTORNEY REPORT: City Attorney Goren said he had one item on the agenda which is a follow-up to conversation the Commission had a few weeks ago regarding the attorney fee reimbursement for Commissioner Atkins -Grad. City Attorney Goren said that Attorney Howard Greitzer, who is here this morning, is an outside expert on attorney's fees and will be giving a brief presentation regarding his recommendation after having reviewed the fees, costs and expenses incurred by Attorney Kenneth Malnik. City Attorney Goren gave a brief history of the issues leading up to today's review of Mr. Malnik's fees. City Attorney Goren said that Commissioner Atkins -Grad was at the meeting of which entitlement was determined and as a matter of Chapter 112, F.S., she was unable to either debate and/or vote on the subject matter and filed a voting conflict form subsequent to that meeting. Also, Mayor Talabisco, on the advice of her counsel, in the context of the pending matters surrounding her situation, recused herself and did not debate and/or discuss the matter and did not vote as a matter of record and also filed a voting conflict form. City Attorney Goren briefly described the process utilized to engage a third -party lawyer, Howard Greitzer, to conduct an in-depth review of the reasonableness of the attorney's fees charged by Mr. Malnik and noted that Mr. Greitzer was in attendance to 'present his findings to the City Commission. City Attorney Goren said neither he, nor any member of his firm, reviewed Mr. Malnik's fees. City Attorney Goren said Mayor Talabisco will recuse herself under Chapter Page 2 of 6 REGULAR COMMISSION MEETING MARCH 27, 2013 112, F.S., because of other pending matters as she has a conflict and as such will not vote or debate and will file a Voting Conflict Form 8, a copy of which is attached hereto and incorporated herein. Mayor Talabisco turned the gavel over to Vice Mayor Dressler. Mr. Greitzer provided an in-depth summary of his review of the reasonableness of Mr. Malnik's fees and charges in defense of Commissioner Atkins -Grad (a copy of which is on file in the City Clerk's Office). Mr. Greitzer said after a thorough review of all the documentation provided, he found that the total fee for hours expended in the amount of $66,330 and a fee of $3,139 for reimbursable costs were legally reasonable and justified. Mr. Greitzer and City Attorney Goren responded to questions from the Commission. Vice Mayor Dressler seconded by Commissioner Glasser moved to accept Mr. Greitzer's report and recommendations. The motion was approved unanimously (3-0), with Mayor Talabisco abstaining. Vice Mayor Dressler turned the gavel back over to Mayor Talabisco. City Attorney Goren spoke about the E911 situation which is an evolving issue affecting a number of cities, including Tamarac, and given the County Commission actions of last week, said the City Manager and his staff will evaluating and making recommendations to the Commission. City Attorney Goren reminded the Commission that the County Commission again voted to not impose a county wide ad valorem tax for E911, the impacts of which are yet to be discussed and debated publicly. Some cities have now moved forward, or will be moving forward with a Chapter 164 process under state statute to challenge the county in the context of their issues. Mayor Talabisco asked which cities were challenging, or planning to challenge, the county and City Attorney Goren responded Ft. Lauderdale, Pembroke Pines and Sunrise is also moving in that direction. Mayor Talabisco said that City Manager would be meeting with the County Administrator later today along with a number of other city managers and said we should watch this play out and then make a decision later as she felt it was not in Tamarac's best interest to do anything until we have all the information from City Manager Cernech and City Attorney Goren. Both Vice Mayor Dressler and Commissioner Glasser agreed with Mayor Talabisco. 4. CITY MANAGER REPORT: City Manager Cernech gave an in-depth report on the E911 issue and he and City Attorney Goren responded to the many questions and concerns of the Commission. City Manager Cernech said that he would get back to the Mayor and Commission with more information after today's meeting. City Manager Cernech said that since the discussion on T02271, regarding permit fee refunding, at the Workshop on Monday he has received positive feedback on the adoption of the Ordinance. City Manager Cernech said a few weeks ago Mr. David Reid appeared before the Commission regarding tree and landscaping issues at the Colony West Golf Course and since then has met with Code Enforcement Manger Mark Woods and visited the site in question. After touring the site with Mr. Reid, Code Enforcement Officer Woods said he could find no code violations. City Manager Cernech said he also met with Mr. Reid and visited the site in question and they were able to agree that the issues Mr. Reid was complaining about were not in fact code issues. However, City Manager Cernech said he felt that Colony West Golf Course could be made to do better than just the code as in the end the City owns the property. City Manager Cernech said he met with the Racks and asked them to address the Page 3 of 6 REGULAR COMMISSION MEETING MARCH 27, 2013 issue and is happy to report that they have hired a contractor to fix the area and the issues are almost resolved. City Manager Cernech reported that staff from Fire Rescue and Fleet traveled to Columbus, Ohio to conduct a mid -point inspection of the two rescue/ambulances that are in the process of being built and we anticipate delivery sometime in April; VITAS tax assistance is now available at Tamarac Park on Monday and Wednesday evenings from 6 to 8 p.m. no appointment is necessary; invited everyone to attend the free Springfest event at the Tamarac Sports Complex on Saturday, March 30th from 10:00 a.m. to 12 noon. Past Events: 30+ children participated in the Bike Rodeo that was held on Saturday, March 16th at the Tamarac Community Center; 25 bike helmets were given away courtesy of Broward County and Lt. Cona, BSO, provided instruction on riding safety, bike inspections and proper helmet usage. The Hawaii "5-0" Senior Party held on Thursday March 21s' at the Community Center was a success with over 175 people attending. The Rock All Ages Concert held on Saturday, March 23rd at the Sports Complex was a huge success with approximately 6,500 people in attendance and thanked everyone who had a part in making it a success. 5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following individuals spoke: Patti Lynn, 6411 NW 58th St., reported that resident Seymour Margolis passed away recently; commented on payment of Commissioner Atkins-Grad's legal fees and asked Commissioner Atkins -Grad to resign; advised that the Recall Committee has started to collect signatures on the second recall petition; expressed concern about the installation of telecommunication devices in residential neighborhoods and the E911 issue in Broward County. Sharon Baron, 4709 Woodlands Blvd., said the 50th Anniversary Concert was fantastic except that it was difficult to see the stage as the sunset behind it; asked if Mayor Talabisco would be signing on to the Mayors for Freedom to Marry; asked the Commission to think about reopening the parks on Mondays again and asked why Tamarac was not pressure cleaning sidewalks like other cities. Public Services Director Strain responded that the sidewalks are the responsibility of the abutting property owners and City Manager Cernech added that this is something we have looked at in the past and will be talking about during the upcoming budget process. Vice Mayor Dressler said he felt it was inappropriate for Tamarac to sign on to. the Mayors for Freedom to Marry as it has the potential to alienate 50% of the residents and objected to Tamarac taking a position on the issue. Commissioner Bushnell agreed with Vice Mayor Dressler. Mayor Talabisco said Tamarac's code says we cannot sign something of this nature without full Commission support. City Attorney Goren confirmed Mayor Talabisco's statement. 6. CONSENT AGENDA: Mayor Talabisco asked City Manager Cernech if there were any additions/changes to the Consent Agenda. City Manager Cernech said there were no additions/changes to the Consent Agenda. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of the Consent Agenda as presented. Motion passed unanimously (4-0). a. Approval of the March 13, 2013 Regular Commission Meeting Minutes APPROVED Page 4 of 6 REGULAR COMMISSION MEETING MARCH 27, 2013 b. TR12313 - Florida Boating Improvement Program Grant Application for Veterans' Park: A Resolution of the City Commission of The City of Tamarac, Florida, approving and authorizing the appropriate City Officials to submit an application to the Florida Fish and Wildlife Commission for Florida Boating Improvement Program (FBIP) grant funds for the Veterans' Park boat dock project in an amount not to exceed $100,000, providing for up to a $100,000 match in local funds in addition to staff time from the project in the event of approval of the application; providing for acceptance of the award and execution of documents upon approval of the application; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-26 c. TR12319 - Bikeway/Walkway Phase 4 and Connectivity Pathway Project: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to seek Federal Surface Transportation Program Funds via an application through the Broward County Metropolitan Planning Organization to the Florida Department of Transportation in an amount not to exceed $1,000,000 for an integrated bikeway/walkway system within the City of Tamarac; providing for a local match not to exceed $1,000,000 in the event of approval of the application; providing for acceptance of the award and executing of documents upon approval; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-27 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: a. T02271 - Amend Chapter 5 Buildings and Building Regulations: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 5 "Building and Building Regulations" of the Code of Ordinances of the City of Tamarac by amending Article I, entitled "General," Section 5-1, entitled "Building Department Permit Fees;" providing for a refund policy; amending Article 11, entitled "Building Standards" by repealing Section 5-34, entitled "Interim Services and Facilities Fees;" providing for codification; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read T02271 by title into the record. Commissioner Bushnell seconded by Vice Mayor Dressler moved approval of T02271 on first reading. Vice Mayor Dressler said while he was not at the Workshop on Monday morning he has read through all of the material and is comfortable with voting on this matter. Motion passed unanimously (4-0) PASSED ON FIRST READING MARCH 27, 2013 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) -SECOND READING: There were no Ordinance(s) —Second Reading items scheduled for this meeting. Page 5 of 6 REGULAR COMMISSION MEETING MARCH 27, 2013 11. QUASI-JUDICIAL HEARING(S): a. TR12318 -Vintage Wine &Sports Bar -Special Exception: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception petition with conditions to allow for a nightclub with the sale and on -site consumption of alcoholic beverages for the proposed Vintage Wine and Sports Bar project within a B -2 (Planned Community Business) zoning district pursuant to the Permitted Uses Master List, Section 24- 434, Tamarac Code of Ordinances; for the property located at 5303 North State Road 7 (all of Commercial Plaza, according to the Plat thereof, as recorded in the Plat Book 82, Page 50, of the public records of Broward County, Florida) (Case No. 1- Z -13); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12318 by title into the record. Commissioner Bushnell seconded by Commissioner Glasser moved approval of TR12318. City Attorney Goren went over the Quasi -Judicial proceedings and Interim City Clerk Teufel swore in all stakeholders. Planning &Zoning Manager Frank Zickar gave a presentation (a copy of which is on file in the City Clerk's Office). Michael Downer and Nigel Blair appeared for the Petitioner and responded to questions from the Commission. Community Development Director Bramley, Planning &Zoning Manager Zickar, City Attorney Goren and BSO Chief Neal Glassman responded to the many. concerns of the Commission regarding the hours of operation and security issues. There was a discussion regarding the City's right of revocation of licenses should certain issues arise. Mayor Talabisco opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (4-0) RESOLUTION R-2013-28 12. OTHER There being no further business to come adjourned the meeting at 11:47 a.m. Pafricia Teufel, CMC Interim City Clerk before the City Commission, Vice Mayor Dressler Beth Page 6 of 6 REGULAR COMMISSION MEETING MARCH 27, 2013 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Flansbaum-Talabisco, Beth City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 5215 White Oak Lane WHICH I SERVE IS A UNIT OF: CITY COUNTY Q✓ CITY []COUNTY []OTHER LOCAL AGENCY Tamarac Broward NAME OF POLITICAL SUBDIVISION: City of Tamarac DATE ON WHICH VOTE OCCURRED MY POSITION IS: March 27, 2013 ✓(� ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.3571 F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Beth Talabisco , hereby disclose that on March 27 20 13 (a) A measure came or will come before my agency which (check one) Q✓ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ; inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: On March 27, 2013, the City of Tamarac City Commission, in accordance with the requirements of law, voted to approve the attorney's fees payable in the criminal defense of Commissioner Patricia Atkins -Grad. The subject matter of Commissioner Atkins-Grad's criminal charges is related to the dismissed criminal charges previously filed against me, which are now on appeal. The matter before the City Commission constituted an appearance of a conflict under Section 286.012, F.S., and I abstained from voting on the matter. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2