HomeMy WebLinkAbout2013-12-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, DECEMBER 11, 2013
CALL TO ORDER: Mayor Beth Talabisco called the Regular Commission Meeting of the City
Commission to order at 7:03 p.m. on Wednesday, December 11, 2013 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Beth Talabisco, Vice Mayor Michelle J. Gomez, Commissioner Pamela
Bushnell, Commissioner Diane Glasser and Commissioner Harry Dressler were in
attendance.
Also in attendance were City Manager Michael Cernech, City Attorney Samuel Goren and
City Clerk Patricia TeufeL
PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
Mayor Talabisco moved out of order to take up Item 1 (b) as Ms. Thomas was not yet
present.
b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming January 17, 2014 as
"Arbor Day". (Requested by Public Services Director Jack Strain)
c. Recognition of the City's 50th Anniversary Committee (Requested by Mayor Beth
Talabisco)
Mayor Talabisco moved back into the order of business to take up Item 1(a) as Ms. Thomas
arrived.
a. Presentation to the Mayor and Commission of a Plaque Recognizing Tamarac for 50 Years
of Service to the Community by Barbara Thomas of the Chi Psi Omega Chapter of Alpha
Kappa Alpha Sorority, Inc.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Reported that she did face painting for the West Children's Village
walk; commended the United Way Committee and City employees for raising approximately
$30,000; attended the Turkey Troy, Volunteer Luncheon and the Employee Holiday
Luncheon. Commissioner Bushnell welcomed Maxine Calloway as the new Community
Development Director and wished everyone a Happy Holiday.
b. Vice Mayor Gomez: Expressed regret that she was unable to attend the West Children's
Village walk; attended the Turkey Trot, Volunteer Luncheon, Employee Holiday Luncheon,
Chamber of Commerce Gala Award Ceremony, ORT American Hanukkah Luncheon, Ethics
training session on November 26t" as well as various Community and HOA meetings and
asked staff to look into the legislation that is attempting to take away home rule. Vice Mayor
Gomez wished everyone a Merry Christmas and Healthy New Year.
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Revised January 8, 2014
c. Commissioner Glasser: Commissioner Glasser said she attended many of the same
events that Commissioner Bushnell and Vice Mayor Gomez mentioned and commented that
the Holiday Lighting Ceremony on December 4th was spectacular.
d. Commissioner Dressler: Commissioner Dressler said this is the final meeting of the year
and looking back the Commission has succeeded in meeting the City of Tamarac's strategic
plan and objectives, thanked staff for being able to achieve this goal and talked about
Tamarac receiving the prestigious Palladium Award. Commissioner Dressler wished
everyone a healthy and prosperous holiday season and commented that he is looking
forward to working with everyone in 2014.
e. Mayor Talabisco: Mayor Talabisco attended the Turkey Trot, Holiday Lighting Ceremony,
Chamber of Commerce event, a "Safety for Seniors" seminar sponsored by the MPO and the
Florida League of Cities Board of Directors. Mayor Talabisco asked City Attorney Goren to
give the Commission an update on the Inspector General meeting that is coming up with the
Ethics Task Force. Mayor Talabisco said that one of the missions of _President Starkey is to
work more effectively with small businesses and the league has- put out a brochure that the
Commission can use when they are out and about in the community.
Mayor Talabisco announced that Tamarac has been awarded the Florida League of Cities
Florida Municipal Achievement Award in the Measured Success Category "Communicating
Your City's Celebration" and said the award will be presented to the Commission at a future
meeting. Mayor Talabisco said that what better way to end the year with this award, the
Palladium award and the United Way Program where the employees raised over $30,000 for
the United Way. Mayor Talabisco welcomed Maxine Calloway as the - new Director of
Community Development and wished everyone a Happy and Healthy New Year.
A representative of Alcee Hastings Office addressed the Commission and said she wanted to
let people know that his office is taking calls to assist people with questions about the
Affordable Care Act and can be reached at 954-733-2800.
3. CITY ATTORNEY REPORT: The Commission congratulated City Attorney Goren and his
9 tY Y
wife, Shelly, for becoming first time grandparents on the birth of Jonah Goren who was born
last Saturday evening in Philadelphia.
City Attorney Goren said the Inspector General Selection Committee met this past month and
the Inspector General was given high marks. At that time Counsel for the IG presented a
PowerPoint presentation, a copy of which has already been provided to the Commission. A
few weeks after the Selection Committee meeting City Attorney Goren met with John Scott
and it was agreed that they would meet with General Counsel. City Attorney Goren said that
if there was a misrepresentation or misunderstanding with regards to the intentions of the IG
in said PowerPoint he apologizes as it was not the intention of the IG to change the world per
se but to simply open the door to conversation with regards to the Ethics Code which has
some flaws and requires some future codification. A request was made by the Ethics Task
Force and by the League to actually, ask the IG to come to a meeting of the League sometime
in January to clarify some of the recommendations in connection with some form of change
that would redirect some of the flaws that were created during the course of the drafting of
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Revised January 8, 2014
the Ethics Code a few years ago. City Attorney Goren said the IG will meet, along with
General Counsel and Ethics Counsel, on January 8th, at 12:00 p.m., in Room 501 of the
Broward County Governmental Center. The IG has agreed to have a conversation with the
League about the PowerPoint for the purpose of future change that might be needed to refine
or otherwise modify the Broward County Ethics Code. The League has taken several
positions with regards to investigations and other matters that were relevant to opening and
closing investigations, as well as tipsters and related issues. City Attorney Goren said the
County Commission is studying whether to change the Charter to actually modify the Ethics
Code. The Charter requires Cities to comply with the Charter provision adopted in 2010. The
League will be developing and exchanging dialogue with the IG to try to suggest changes to
the Ethics Code to the County Commission. Expectations are to get potential Charter
changes on the November 2014 ballot. The Broward County Commission can modify the
code to be fairer to cities. Commissioner Dressler asked City Attorney Goren and
Commissioner Bushnell to pass on to the Broward League one of the issues that creates a lot
of problems for cities is that the ethical standard by which behavior would be judged or
benchmarked is not clear. Commissioner Dressler said his suggestion would be to use as a
standard for behavior the same policies and practices of fiduciaries. The County Commission
and the Broward League should look very carefully at those well -established fiduciary policies
and practices. Commissioner Bushnell said people are either ethical or not and the issues
that are of concern are the broad brush that the IG is using to go into areas that we don't
think he has the authority to go into and the fact that he is investigating by way of anonymous
tips is clearly a concern because people can have no defense against such accusations.
Commissioner Bushnell said another concern is that we are not allowed to use our City
Attorney to give gas an opinion in order for us to do the right thing. City Attorney Goren said
some of the issues that the League has is jurisdiction over CRA's, tipsters and there being no
process or procedure to advise a potential target that they are being investigated. The larger
issue is that the IG has a series of recommendations to change the Ethics Code itself and
there is no central depository for opinion giving. City Attorney Goren said it looks like the IG
has an interest doing the right thing.
City Attorney Goren said at the Workshop on Monday the issue of street canvassers and
solicitors was discussed and he would like to clarify some points and start the legal ball rolling
in the right direction. City Attorney Goren said the City of Pembroke Pines recently adopted a
street canvassing ordinance and was the subject matter of a lawsuit filed in Federal Court.
The Federal Court on November 21St entered a Final Judgment in favor of the Pembroke
Pines Ordinance. City Attorney Goren talked about the approach Pembroke Pines took to
coordinate with police, city staff as well as the City Attorney to conduct studies and analyze
data related to traffic accidents at certain intersections in Pembroke Pines. There was also an
assessment of the safety risks of having pedestrians in the medians on heavily travelled
roadways. There was a review of data on crash statistics involving 65 pedestrians killed on
roadways in Broward County. There was a review of statistics which demonstrated that South
Florida was one of the most dangerous pedestrian areas in the country and lastly they
reviewed the documentation which revealed that 43 canvassers had been seriously injured or
killed while sitting or standing in medians, including 3 South Florida newspaper vendors. The
Pembroke Pines Police Captain spoke with representatives of the City's Planning Division
and the City Attorneys Office to discuss findings and results of the analytical research on
rights -of -way canvassing and soliciting. City Attorney Goren said he is putting this item on
the record to ask if the City Commission would like BSO, City Administration and the
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Revised January 8, 2014
Planning Board to open the door to study the issue before putting forth an ordinance. This
ordinance would be a regulation of all street solicitors and all canvassers in Tamarac's streets-
and it is not just a study of issue of fatalities affecting street solicitors and canvassers but
other pedestrian activity as well. If directed by the Commission this evening staff will bring
back a report that will be the premise for an ordinance at some future time. Commissioner
Dressler seconded by Vice Mayor Gomez moved to authorize City Administration to study
and evaluate street canvassing and soliciting in the City of Tamarac. Motion passed
unanimously (5-0). City Attorney Goren said staff will work diligently to bring something back
to the Commission during the first quarter of the year. City Attorney Goren wished everyone
a Happy Holiday and thanked the Commission for their good wishes on the birth of his first
grandchild.
Commissioner Dressler said that it is the opinion of the Broward League of Cities that the IG
has exceeded his authority in at least three separate areas and this is consistent with his
view that the structure of the Ethics Code is grossly flawed and he is happy to hear that it is in
the process of being clarified. City Attorney Goren said the IG truly has an interest in doing
the right thing and he will report back to the Commission with periodic updates.
4. CITY MANAGER REPORT: City Manager Cernech thanked the Commission for the
support they have shown the City's employees over the years with the United Way Drive.
Each year our employees are more generous than the year before and a goal to raise
$28,000 was set and exceeded as a little over $30,000 was raised. City Manager Cernech
thanked Economic Development Manager Ana Zeinieh and Assistant Parks &Recreation
Director Linda Probert for the tremendous job they did co-chairing the drive.
City Manager Cernech welcomed Maxine Calloway as the new .Director of Community
Development and said Ms. Calloway held that position for the City of North Miami for 17
years. City Manager Cernech added that we will also be saying goodbye to Management
Analyst II Bernadette Hughes who is leaving to be the Assistant to the Coconut Creek City
Manager.
City Manager Cernech reported that after going through the recertification process with the
Building Code Effectiveness Grading Classification, Tamarac has been reclassified with a
lower classification of 3 on residential properties and A-3 on commercial properties and noted
that the lower the number the better. City Manager Cernech congratulated IT Director Levent
Sucuoglu on being appointed to the Florida League of Cities/Technology Leadership
Committee where he will be assisting the League President develop and implement a plan for
identifying and showcasing technology innovations that will significantly impact local
governments over the next 10 years.
City Manager Cernech said that statistics show that Tamarac's focus on crime prevention and
increased visibility is making a difference and compared to last year overall crime is down
15%. To continue this trend some 70 members of the Public Services, Utilities and Public
Works departments underwent training by Chief Glassman and his staff on how to heighten
awareness of their surroundings while performing their normal duties. Staff will not be asked
to intercede but instead make a call to BSO and further training will be conducted with
appropriate staff in the near future.
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Revised January 8, 2014
December 11, 2013
City Manager Cernech said he is pleased to report that
Florida League of Cities Florida Municipal Achievement
Category "Communicating Your City's Celebration".
Tamarac has been awarded the
Award in the Measured Success
Past Events: The Turkey Trot had 1,628 runners registered; approximately 350 people
attended the Light Up Tamarac — Holiday Lighting Ceremony and the Community Garage
Sale had 92 vendors and hundreds of shoppers.
City Manager Cernech said Public Services has announced that Tamarac along with Coconut
Creek, Coral Springs, Ft. Lauderdale and Pompano Beach have contracted with Clean
Harbors Environmental Services to hold household waste and electronic drop off events. The
five cities will each hold two annual events and residents from all five cities can participate in
any event. Tamarac and Pompano Beach have held the first two events and attracted
between 130 & 150 users each. The next collection will be held in Coral Springs on Saturday
February 1, 2014 all other dates and locations will be posted on the City's website. City
Manager Cernech reported that Fire Station 78 on Commercial Boulevard is scheduled for
demolition in the Fall of 2014 and a new Fire Station will be built on the same site with a
completion date in the Spring of 2016.
City Manager Cernech said the Tamarac Chamber of Commerce Gala was a terrific event,
thanked Peter Mason for acknowledging the City of Tamarac and commented that the
Chamber has a bright future and the City will continue to work with them to make sure they
are successful.
City Manager Cernech said that Colony West Country Club is scheduled to open for golfing
only on December. 15t". Billy Casper has worked, up a comprehensive green fees and
package fees structure which also includes rates for Tamarac Residents. Billy Casper is
continuing to hire employees and making renovations to the bar and the Golf Course should
be up and running as a full service facility shortly. City Manager Cernech talked briefly about
his memo to the Commission regarding the Summary of Purchases for Colony West Golf
Course (a copy of which is on file in the City Clerk's Office). City Manager Cernech wished
everyone Happy Holidays.
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following
individuals spoke: Patti Lynn, 6411 NW 58th Street, thanked BSO and Vice Mayor Gomez for
attending their HOA meeting and asked the City to reconsider the code as it appliesto the
use of carports. City Clerk Teufel distributed a packet of pictures submitted by Ms. Lynn to
the Commission for their review (a copy is on file in the City Clerk's Office).
6. CONSENT AGENDA: Mayor Talabisco asked City Manager Cernech if there were any
changes/additions to the Consent Agenda. City Manager Cernech said as discussed
TR12438 —Director of Community Development Appointment — is being added to the
Consent Agenda as item 6 (h). City Attorney Goren read TR12438 by title into the record.
Vice Mayor Gomez seconded by Commissioner Bushnell moved to add TR12438 to the
Consent Agenda as Item 6 (h). Motion passed unanimously (5-0). Vice Mayor Gomez
seconded by Commissioner. Bushnell moved approval of the Consent Agenda as amended.
Motion passed unanimously (5-0).
Page 5 of 8 REGULAR COMMISSION MEETING December 11, 2013
Revised January 8, 2014
a. Approval of the November 13, 2013 Regular Commission Meeting Minutes - APPROVED
b. TR12423 - 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 for Fiscal Year 2014; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2013-122
c. TR12429 - Appointing a Regular Member to the Parks and Recreation Board: A Resolution
of the City Commission of the City of Tamarac, Florida, appointing a regular member to the
Parks and Recreation Board to serve a term concurrent with the appointing Commissioner or
until such time as new appointments are made; providing for conflicts; providing for
severability; and providing an effective date.
RESOLUTION R-2013-123
d. TR12430 - Rescue Vehicles Purchase 2014: A Resolution of the City Commission of the
City of Tamarac, Florida authorizing the purchase of two (2) 2014 Horton model 623
advanced life support rescue vehicles built on a 2014 international 430OLP crew cab chassis,
Horton Emergency Vehicles Company, from Hall -Mark Fire Apparatus, Inc., under the Florida
Fire Chiefs' Association, Florida Sheriffs' Association & Florida Association of counties bid
award announcement no. #11-10-1202, specification 02, through the use of a financial lease,
at a total cost not to exceed $546,916.00; authorizing the disposal of two (2) outdated rescue
vehicles; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-124
e. TR 12431 - Award Bid No. 13-19B for 108th Drainage Improvement Project: A Resolution
of the City Commission of the City of Tamarac, Florida, awarding Bid No. 13-19B to and
approving an agreement with FHP Tectonics Corporation for the NW 108th Terrace/NW 80th
Street Drainage Improvement Project between McNab Road and Nob Hill Road, in
accordance with Bid No. 13-19B for a contract amount of. $533,134.64; a contingency in the
amount of $53,313-46 will be added to the project account, for a total project budget of
$586,448.10; 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-2013-125
f. TR 12432 - Award Bid No. 13-20B 108th Pavement Improvement Project: A Resolution of
the City Commission of the City of Tamarac, Florida, awarding Bid No. 13-20B to and
approving an Agreement with Asphalt Paving Systems, Inc. for the NW 108th Terrace/NW
80th Street Pavement Improvement Project between McNab Road and Nob Hill Road, in
accordance with Bid No. 13-20B for a contract amount of $1,179,370.00; a contingency in the
amount of $58,968.50 will be added to the project account, for a total project budget of
$1,238,338.50; 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.
Page 6 of 8 REGULAR COMMISSION MEETING December 11, 2013
Revised January 8, 2014
RESOLUTION R-2013-126
g. TR12433 - State Chart of Accounts: A Resolution of the City Commission of the City of
Tamarac, Florida, urging members of the Florida Legislature to oppose legislation that would
mandate the use of a Uniform Chart of Accounts for all governmental entities to report
financial information; directing the city clerk to transmit a copy of this resolution to the
Governor, the Broward Legislative Delegation and other members of the Florida Legislature,
the Broward League of Cities, the Florida League of Cities, each of the municipalities in
Broward County, and the Board of County Commissioners for Broward County; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-127
h. TR12438 — Director of Community Development Appointment: A Resolution of the City
Commission of the City of Tamarac, Florida, appointing Maxine Calloway as Director of
Community Development, effective January 6, 2014, or at such date as is mutually agreed
upon; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-128
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) -FIRST READING: There were no Ordinance(s) —First Reading items
scheduled for this meeting.
9. PUBLIC HEARING(S):
a. TR12409 - Approval of FY 12/13 CDBG 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 FY2012-2013) for the U.S. Department of Housing & Urban Development (HUD)'s
Community Development Block Grant (CDBG) Programs for HUD's Fiscal Year 2012-2013;
Case No. 17-MI-13; provid.ing for conflicts; providing for severability; and providing for an
effective date. Commissioner Dressler seconded by Vice Mayor Gomez moved approval of
TR12409. City Attorney Goren read TR12409 by title into the record. Mayor Talabisco
opened the public hearing and with no one wishing to speak, closed the public hearing.
Motion passed unanimously (5-0).
RESOLUTION R-2013-129
10. ORDINANCE(S) -SECOND READING: There were no Ordinance(s) —Second Reading
items scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S):
a. TR12422 - Tamarac Mainlands Park: New Development Site Plan: A Resolution of the City
Commission of the City of Tamarac, Florida, granting New Development Site Plan approval to
allow for the development of a passive park with fitness stations, a restroom facility,
walking/jogging trails, water bodies, a fishing pier and associated parking for the Tamarac
Mainlands Park property (specifically all of Tracts D and E, Monterey by Prestige, according
Page 7 of 8 REGULAR COMMISSION MEETING December 11, 2013
Revised January 8, 2014
to the Plat thereof as recorded in Plat Book 178, Page 119 of the public records of Broward
County, Florida); (Case No. 18-SP-13); providing for conflicts; providing for severability; and
providing for an effective date. Vice Mayor Gomez seconded by Commissioner Glasser
moved approval of TR12422. City Attorney Goren. read TR12422 by title into the record. City
Attorney Goren went over the Quasi -Judicial proceedings and City Clerk Teufel swore in all
affected parties. Interim Community Development Director Frank Zickar appeared and gave
staff's presentation (a copy of which is on file in the City Clerk's office) and ended by saying
the Planning Board and staff recommend approval of TR12422. Interim Community
Development Director Zickar and Parks &Recreation Director Warner responded to a few
questions from the Commission.
Mayor Talabisco opened the public hearing and the following individual spoke: Cynthia
Baker, 4621 NW 45th Court, expressed concern that there were not enough security cameras
proposed for the new park, talked about separating abutting sprinkler systems, said 17
parking spaces were too many and wanted assurances that the park would remain a passive
park. City Manager Cernech, Interim Community Development Director Zickar and Assistant
Public Works Director John Doherty addressed Ms. Baker's concerns.
Motion passed unanimously �(5-0)
RESOLUTION R-2013-130
12. OTHER BUSINESS:
There being
no further
business to come
before the
City Commission, Mayor Talabisco
adjourned
the
meeting at
8:51
p.m.
-I
(� _
VilY VIGI n
Harry Dressler, Mayor
REGULAR COMMISSION MEETING
Revised January 8, 2014
December 11, 2013