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HomeMy WebLinkAbout2013-04-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, APRIL 10, 2013 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 7:05 p.m. on Wednesday, April 10, 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 Commissioner Patricia Atkins -Grad and Commissioner Diane Glasser were in attendance. Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Atkins -Grad led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS a. Presentation of a Proclamation by Mayor Beth Talabisco proclaiming the week of May 19th - 25th, V2013 as "Public Works Week". (Requested by Public Services Director Jack Strain) b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming April 17, 2013 as _ "Military Family and Community Covenant Day". (Requested by Assistant City Manager Diane Phillips) C. Presentation of a proclamation by Mayor Beth Talabisco proclaiming April 2013 as "Child Abuse Prevention Month". (Requested by Mayor Beth Talabisco) d. Presentation of a proclamation by Mayor Beth Talabisco proclaiming April 2013 as "Tamarac Citizen Observer Patrol Month". (Requested by BSO Chief Neal Glassman) e. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of April, 2013 as "Paralyzed Veterans of America Awareness Month". (Requested by Mayor Beth Talabisco) 2. CITY COMMISSION REPORTS: a. Vice Mayor Dressler: Thanked Assistant City Manager Phillips and Mayor Talabisco for the Military Family & Community Covenant Day proclamation and said that there are too many of us who have not seen combat and do not know what it is like to go thru that experience and how difficult a transition it is when these individuals re-enter civilian life. Vice Mayor Dressler commented that there are many kinds of child abuse which leave individuals disabled throughout their entire lives. They grow up afraid and alone because they cannot establish relationships as most people do. Vice Mayor Dressler encouraged people to Google "child abuse" and see what comes up in order to get a better understanding. Page 1 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 b. Commissioner Glasser: Reported that on April 3Id they held the District 3 Neighborhood meeting which, because of a mailing glitch, had very poor attendance; however, a lot of good information was exchanged with the few individuals that were there. Commissioner Glasser said she understands that another District 3 meeting will be scheduled in the future. Commissioner Glasser said she did attend the District 1 meeting, which was very well attended, and commented that people in that community are in tune with what is going on and asked important questions. Commissioner Glasser reported that she recently visited an art display done by students from the Buddhist temple; attended a special workshop on April 4tn regarding Tamarac Village and attended the Employee Recognition Luncheon earlier today. c. Commissioner Atkins -Grad: Reported that she also attended the District 3 meeting and visited the wonderful art display by the students of the Buddhist temple. Commissioner Atkins -Grad said she missed the last two meetings in March because of the religious holiday and spent time with her family. Commissioner Atkins -Grad also attended the special workshop on April 4tn and the Employee Recognition Luncheon earlier today. d. Commissioner Bushnell: Thanked Mayor Talabisco for the Child Abuse Prevention proclamation and said that she was abused as a child and that is one of the reasons she gives back to her community now. Commissioner Bushnell said she is a member of the COPS program and is proud to wear the uniform and do the job. Commissioner Bushnell reported that she attended the ribbon cutting for the opening of the law office of Roger C. Simmons and the District 3 meeting. e. Mayor Talabisco: Reported that everyone was very disappointed at the turn out for the District 3 meeting, we will rectify that and schedule another meeting and said she received a few phone calls from people in District 3 saying they were sorry to have missed the meeting because they enjoy the District meetings. Mayor Talabisco invited everyone to attend the Buddha's Birthday Celebration on May 19tn at 10:30 a.m. at the Buddhist Temple. Mayor Talabisco spoke of her Aunt who is a Guardian Ad Litem for abused children and the discussions they have had on the subject and said we must do everything we can to prevent child abuse. Mayor Talabisco said she also attended the special workshop on April 4tn regarding Tamarac Village and reported that we have a number of teams working on bringing the project to fruition. Mayor Talabisco said this is a great accomplishment and is looking forward to putting a shovel in the ground. Mayor Talabisco talked about Mission United and said she is working with our Veterans Affairs Committee to introduce this program to the community and reach out to individuals who are returning to civilian life. We have invited the CEO of Mission United to be part of the Memorial Day Ceremony. Mayor Talabisco noted she received an email from the principal of Millennium Middle School advising that they have won the State of Florida Exceeding Expectations Award and will be traveling to Orlando to receive the award on May 19tn Mayor Talabisco said she also attended the Employee Recognition Luncheon and said that the employees are the unsung heroes who are out 24/7 making Tamarac run smoothly. Lastly she noted attending a meeting this morning for Mayors and City Managers regarding Page 2 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 the E911 issue and they came away with the knowledge that they are moving toward approaching Broward County as a unified group when the County Commission meets on April 23rd. Mayor Talabisco asked both City Manager Cernech and City Attorney Goren to provide the Commission with an update on this morning's meeting. 3. CITY ATTORNEY REPORT and 4. CITY MANAGER REPORT: City Manager Cernech said the meeting that he and Mayor Talabisco attended earlier today was very productive. Mr. Cernech said he has talked about 911 and the process that they have gone through to try to get a truly regional 911 system for county wide emergency communications. When the County Commission turned down the I Board's recommendation to operate the 911 system as a department of the county, or to contract with the Sheriff's office, and to fund it through the ad valorem tax collection of the County, they put the 31 cities and the County in a very tough predicament. This recommendation was turned down by the County Commissioners twice in favor of a plan that was put forward on the dais, that had not had any analysis, but was rushed to implementation by County Staff at the direction of the County Commission. This has put us in a position where we are now given two months to implement an entirely different plan. The consensus of the City Managers a week ago and of the Mayors and City Managers this morning was that this is a recipe for disaster and that we will not achieve the goal of true regional communications because everyone will now do what is their best interest as a city instead of what is in the collective best interest of all cities and residents of Broward County. We are now fractured in terms of some people are looking at it from the perspective of what makes the most sense financially and the notion of a new taxing unit is actually a viable way to fund our portion of the 911 funds. This is good for Tamarac and some other cities but not others financially and no one is ready to dismiss this because we are all still committed to establishing a regional communications system. City Manager Cernech said we have some decisions to make and the County will make a decision on April 23rd about whether they pass the MSTU. The County MSTU is the umbrella taxing mechanism of which we will all fall under with our municipal MSTU should we choose to pursue that and should the Commission approve it. There was some discussion this morning about cities putting forward the MSTU ordinance on first reading in order to have a discussion about it, but we are not sure whether or not it will actually get approved on first or second reading as we are unsure if it is the right thing to do. There was also some discussion that the County's financial situation should be better next year because of property values rising in the County. A rise in property values and holding firm on the millage rate means more ad valorem tax revenue for the County. The money they need from the cities to fund the 911 would be available to the County just based on the increase in property values with no need for an increase in the County Millage rate. The County has rejected this even though the County Budget Office has validated it as reality. The County Commission said it has other needs they would like to spend that money on and not 911. The problem is that when the County throws the ball back to the cities and says you need to pay for it and it is for you to figure it out, you go from 29 cities willing to participate to everybody looking out what is best for them. Fourteen of those 29 cities have contracts with the Sheriff's Office and everyone of those contracts are different and under Sheriff Lamberti we were moving towards more uniformity in our agreements in anticipation of issues like this. Sheriff Israel will have to continue to negotiate new agreements and will have to ask us for a financial contribution for 911. Mr. Cernech talked about the provisions in Tamarac's contract with BSO. Broward County has fractured this united group of cities because of their decision. We have asked Page 3 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 them to do the right thing to operate and fund the regional 911 system. It is now about who charges and how you charge. Under the proposal that was put forward to the County the County pays and they don't have to implement a tax increase, but they do not want to do that. We ended the meeting this morning recognizing that everybody needs to consider their options but that we wanted to try to stay together as a group of 29 cities and work towards getting back in front of the County Commission and again telling them that this is the right thing to do as we need to have the best 911 system that money can buy. Mr. Cernech said that today almost $54 million is spent operating 10 PSAP's and when they are consolidated we will immediately save $11 million and once we have the opportunity to combine those systems and create additional efficiencies that cost will continue to decrease. Ultimately the residents of Broward County, by the County taking the action that has been recommended to them, will save substantially. We need to get in front of the County Commission and tell them this is the right thing to do. The County Commission has given us a deadline of May loth to make decisions and to opt in which is not enough time and it is the obligation of the cities to call the county's bluff. Mr. Cernech spoke of cities being able to opt out of an MSTU at anytime they want, which is not the best revenue stream for the best 911 system. The Inter -local Agreement allows the County to borrow money for this system and to pledge the MSTU revenues against that infrastructure and this can create a problem for a city like Tamarac who has to be in as we are with the Broward Sheriff's Office. City Manager Cernech said we will talk more on this issue on April 24th and suspects that we will have an MSTU ordinance on for first reading. The decision to opt in or out will be pretty obvious as we get further down the road. This is a situation where the cities need to stay together as well as the BSO cities. Mayor Talabisco asked about the May 10th deadline and City Manager Cernech said that is because the Property Appraiser needs to know how many lines are on the tax bill by May 10tn City Attorney Goren noted that a recent article in the newspaper regarding what the County Commission did with regard to the Pembroke Pines matter and wanted to clarify the mis- statement contained in the article. City Attorney Goren was at the County Commission meeting on behalf of the City of Pembroke Pines and reminded everyone that last September Pembroke Pines instituted a Chapter 164 Proceeding requesting dispute resolution processes be in place. The Manager meeting occurred last October and essentially what was agreed to at that time was that Pembroke Pines would collect about $1.3 or $1.4 million that was monies for the past year that was owed to Pembroke Pines for the cost of running their call center on the premise that the City would engage in an Inter -local Agreement with the County when, and if, the County created a consolidated regional system. The I Board met and made its report to the County Commission and the County rejected the recommendation of having a regional system funded by Broward County. The County Administrator did not place that Stipulation on to the County Commission agenda for about 4'h months and it was just agendized yesterday. City Attorney Goren said he made a request to the County Attorney on March 21 st requesting a "Commission to Commission" meeting after which the Stipulation was then put on the agenda for yesterday. City Attorney Goren said that the County Commission approved that document, however, there is a minor flaw in their approval and that is in the Stipulation there is an outside date which said that if the County Commission did not approve the Stipulation by March 15th it would be void. The intention of placing the March 15th date in the Stipulation was to have a definitive goal. The County Commission then added a date of May 10th for the Pembroke Pines Commission to approve the revised Stipulation. Page 4 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 City Manager Dodge of Pembroke Pines was misquoted in the article as he cannot bind the Commission without taking data back to the Commission first. Ultimately there is a disconnect between the County Commission and all the cities in Broward County. City Attorney Goren said he is working with City Manager Cernech on an MSTU ordinance, they have seen the Inter -local Agreement that has been proposed by the County and that will have to be reviewed in depth. City Attorney Goren noted that a meeting has been scheduled for next week on that issue and some other E911 issues and he will get back to the Commission with an update. City Manager Cernech and City Attorney Goren responded to questions from the Commission. City Manager Cernech invited everyone to attend the April 12th Concert in the Park at 7:00 p.m. at the Tamarac Sports Complex featuring U2 by UV — a U2 tribute band. The Parks & Recreation Department will participate in an Earth Day Program with the Fast Track After School Participants on Monday, April 22nd where kids will learn about water conservation and the environment. There will be a Spring Bash Swim Party on Saturday, April 27th at the Aquatic Complex the fee for adults is $4 and children $3. City Manager Cernech said that registration for summer camp is open and packets are available at the Tamarac Recreation Center and Community Center. All campers must be 5 years old on or before September 1, 2013 and camp will run from June 1s' thru August 29th from 7:30 a.m. to 6:00 p.m. at Tamarac Park. City Manager Cernech reported that the annual Springfest event held on March 301h had 800 in attendance; Youth Basketball began on March 2nd and the season ends on May 11 th; Men's Basketball Winter/Spring season is underway and ends May 161h and registration for summer season will begin April 18th; Co-ed Softball Winter/Spring season began February 1st and ends in May; Flag Football practice began on March 12th and games began on April 91h; Little League Baseball is currently playing and Tackle Football began spring conditioning on April 9th City Attorney Goren reminded the Commission that there will be a Special Commission Meeting on Monday, April 15th at 7:00 p.m. on the Woodmont applications. 5. PUBLIC PARTICIPATION: Sharon Baron, 4709 Woodlands Blvd., thanked Mayor Talabisco for signing the Mayors for Freedom to Marry pledge and said that she is a member of COPS and spoke of Eli Schneider, who was also member of COPS, who recently passed away. 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 Atkins -Grad Moved approval of the Consent Agenda as presented. Motion passed unanimously (5-0). a. Approval of the March 27, 2013 Regular Commission Meeting Minutes. APPROVED b. TR12322 Capital Improvement Refunding Revenue Bonds, Series 2013: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the issuance of not to exceed Page 5 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 $16,000,000 in aggregate principal amount of City of Tamarac, Florida Capital Improvement Refunding Revenue Bonds, Series 2013 for the purpose of advance refunding all or a portion of the City's outstanding Capital Improvement Revenue Bonds, Series 2005; covenanting to Budget and appropriate legally available non -ad valorem revenues to provide for the payment thereof; making certain covenants and agreements for the benefit of the owners of such Bonds; authorizing certain Officials and Employees of the City to take all actions required in connection with the Sale, Issuance, and Delivery of such Bonds; taking certain other actions with respect to such Bonds; authorizing and approving the negotiated sale of such Bonds to the Underwriters named herein subject to the Terms and Conditions contained herein; approving the form and authorizing the distribution of a Preliminary Official Statement and Execution and delivery of a Final Official Statement; authorizing certain Officials to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission rule 15c2-12; approving the form and authorizing the Execution and Delivery of a Bond Purchase Agreement; appointing the paying agent and registrar; approving the form and authorizing the execution and delivery of an Escrow Deposit Agreement; approving the form and authorizing the execution and delivery of a disclosure dissemination Agent Agreement; appointing the Escrow holder; providing certain other matters relating to the Series 2013 Bonds; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-29 c. TR12323 - Fort Lauderdale Temporary Use of Vehicle/Equipment: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to enter into an agreement by and between the City of Tamarac and the City of Fort Lauderdale, Broward County, Florida providing for temporary use of fire rescue equipment and/or vehicle(s) for the air and sea show on April 18-21, 2013 and other related air and sea show special events as needed throughout the month of April; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-30 d. TR12324 - Resolution Awarding Bid No. 13-06B for the Woodlands Blvd North Bikepath to Kailas Corp A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 13-06B to and approving an agreement with Kailas, Corp for the Woodlands Blvd. North Bikeway Project at Woodlands Boulevard between Commercial Boulevard and Bailey Road, in accordance with Bid No. 13-06B for a contract amount of $149,661.25; a contingency in the amount of $14,966.13 will be added to the project account, for a total project budget of $164,627.38; 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-2013-31 e. TR12326 - Authorizing Four Week Hiatus for the Mayor & Commission: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a four -week consecutive period (July 21, 2013 — August 18, 2013) during which time the City Commission will not schedule any regular meetings pursuant to Section 4.06 (a) of the City Charter; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2013-32 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. Page 6 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 8. ORDINANCE(S) - FIRST READING: a. TO2273 - Amending Ordinance 2012-21 FY2013 Budget: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Ordinance 2012-21, which amended the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies for the Fiscal year 2013, by increasing the total revenues and expenditures by a total of $21,215,673 as detailed in Exhibit A attached hereto; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read TO2273 by title into the record. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of TO2273 on first reading. Vice Mayor Dressler confirmed that the line item in the amount of $153,770 was due to the costs associated with the reinstatement of Commissioner Atkins -Grad and is exclusive of legal fees. Motion passed unanimously (5-0) PASSED ON FIRST READING APRIL 10, 2013 b. TO2276 - Stormwater Assessment: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 22, entitled "Utilities," Article VI, entitled "Stormwater Management Utility," to authorize the collection of the Stormwater Management Utility Fee ("fee") using the Uniform Assessment Collection Act, Section 197.3632, Florida Statutes ("Act"); specifically amending Section 22-252, entitled "Definitions," to amend certain definitions and define additional terms associated with the collection of the fee using the provisions of the act; amending Section 22-255, entitled "Billing, Payment, Penalties and Enforcement" to provide for the collection of the fee using the act and that the billing provisions of this section shall be an alternative to using the act; amending Section 22-256, entitled "Adjustment of Fees" to limit this section to fees collected by means other than the act; creating Sections 22-258 through Section 22-268 to be collectively referred to as the City of Tamarac Stormwater Utility Fee Uniform Assessment Collection Act Ordinance to establish the procedures for notice and adoption of the annual stormwater management utility fee roll and for correcting errors and omissions, provide that the fees constitute a lien on assessed property upon adoption of the Stormwater Management Utility Fee Roll, establish procedures and methods for the collection of stormwater assessments, and establish the priority of the stormwater management utility fee lien over prior recorded liens or mortgages; providing for severability; providing for conflicts; providing for codification; and providing for an effective date. City Attorney Goren read TO2276 by title into the record. Commissioner Glasser seconded by Commissioner Atkins - Grad moved approval of TO2276 on first reading. Motion passed unanimously (5-0) PASSED ON FIRST READING APRIL 10, 2013 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: a. TO2271 - Amend Chapter 5 Buildings and Building Regulations: An Ordinance of the City Commission of the City of Tamarac, Florida, reading amending Chapter 5 "Building and Page 7 of 8 REGULAR COMMISSION MEETING APRIL 10, 2013 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 II, 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 TO2271 by title into the record. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of TO2271 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 FEBRUARY 27, 2013 PASSED ON SECOND READING APRIL 10, 2013 ORDINANCE NO. 0-2013-03 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial hearing(s) scheduled for this meeting. 12. OTHER There being no further business to come before the City Commission, adjourned the meeting at 8:41 p.m. W-9 Beth Talabisco, Ma r �at,icia Teufel, CPC Interim City Clerk Page 8 of 8 REGULAR COMMISSION MEETING M,�i:yor Talabisco APRIL 10, 2013