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HomeMy WebLinkAbout2013-01-22 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP TUESDAY, JANUARY 22, 2013 CALL TO ORDER: Vice Mayor Dressler called the Workshop of the City Commission to order at 9:38 a.m. on Tuesday, January 22, 2013 in Conference Room 105, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. ROLL CALL: Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Patricia Atkins -Grad and Commissioner Diane Glasser, were in attendance. ABSENT: Mayor Beth Talabisco Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel Goren and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Patricia Atkins -Grad led the Pledge of Allegiance. Vice Mayor Dressler said he is moving out of order to take up three issues that are necessary to discuss and said the first issue had to do with numerous emails received by the Commission members regarding objections to Commission Atkins -Grad representing Tamarac at organizational events; he understands that this may, or will, come up during Public Participation at tomorrow's Commission Meeting. Vice Mayor Dressler asked City Attorney Goren to clarify the City's legal position on the issue of representation at various events and to distinguish between that and what are called delegated functions. City Attorney Goren said that Commissioner Atkins -Grad was acquitted by a jury of her peers recently and Governor Scott removed her suspension in connection with her previous activities. For that purpose she has all the emoluments of office and has all the authority that is otherwise given to an elected official under the state constitution and state statute. There are meetings that the Commission attends on a periodic basis that are public meetings and anyone has a right to be there for the purposes intended, whether it be a County Commission Meeting, a City Commission Meeting, the Commission meeting of others or other activities at which anyone has a right to be present. There is, however, a distinction between delegated or assigned functions in as much as members of the Commission serve on Committees and other functioning boards. As an example, Vice Mayor Dressler serves on the MPO and other members of the Commission have been or are members of the Broward League of Cities Board of Directors which are delegated or assigned functions and the Commission gets to decide who will be the delegate to attend that particular event. In that regard when you are given a delegated function you have the authority of the Commission in pronouncing your analyses and you bring back to the Commission recommendations. City Attorney Goren said that Commissioner Atkins -Grad, like everyone else on the Commission, has the same rights and privileges except in those instances where there may be delegated activities that are specific to a member of the Commission for that particular purpose. Vice Mayor Dressler asked City Manager Cernech if the City Commission made any delegations to Commissioner Atkins -Grad and City Manager Cernech responded that not as far as he knew but would check into it further and he would have an answer before tomorrow morning's meeting. Commissioner Bushnell commented that there is usually a time frame associated with such appointments. Page 1 of 5 COMMISSION WORKSHOP MEETING January 22, 2013 Vice Mayor Dressler asked City Attorney Goren to explain the technicalities of the recall process. City Attorney Goren explained in great detail the recall process and what the responsibilities are for the individuals who are circulating the recall petition and for the City. This process is outlined in City Attorney Goren's memo No. 2013-020 which is attached hereto and incorporated herein. Vice Mayor Dressler said he has asked Commissioner Atkins -Grad to do the right thing for Tamarac and save everyone the embarrassment and angst and resign and asked City Attorney Goren what the procedures are should Commissioner Atkins -Grad resign. City Attorney Goren responded that on June 25, 2010 his office provided a legal opinion to the Commission when Commissioner Atkins -Grad was charged by the State Attorney's Office and was thereafter suspended by the Governor. The opinion said that either during the process of her criminal matter or now, if the Commissioner were to resign under Section 4.05 (c) of the City's Charter there would be an appointment process by the City Commission to fill the vacancy which is then determined to be a permanent vacancy until the end of her given term, which would be November of 2014. That permanent vacancy would be filled by an appointment and not by election. The initial vacancy was considered a temporary vacancy which was temporarily filled by then Commissioner Gomez, but when Commissioner Atkins - Grad was returned to office by the Governor's Executive Order she returned with full emoluments of her office. Vice Mayor Dressler asked if Commissioner Atkins -Grad resigns, could her permanent vacancy be filled by an appointment rather than have to go through another vetting process as had previously been done. City Attorney Goren said yes, subject to the requirement of the person residing in the district and any disclosure of reoccurring conflicts of interest. City Attorney Goren responded to questions and concerns from the Commission regarding the payment legal fees incurred by Commissioner Atkins -Grad pre and post trial. Vice Mayor Dressler moved back to the order to take up Item 1 on the agenda said since we are now streaming the meeting it is important to identify the items and documents and who is present at the meeting. Vice Mayor Dressler introduced Interim City Clerk Teufel, City Attorney Goren and City Manager Cernech. 1. Item No. 8 (a) on Ordinances First Reading. FIREFIGHTER PENSION PLAN AMENDMENT: (TO 2270) Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 16, Pensions and Retirement, Article VI Firefighter Pension Plan; amending the definition of "average final compensation" in Section 16-401 of the Plan to exclude other non-taxable reimbursement, leave payments other than at separation, and overtime in excess of 300 hours per year; amending Section 16-408 to increase participant contributions from 9 percent to 10 1/2 percent of total cash remuneration paid for services; amending Sections 16-462, 16-467, 16-470, and 16-489, providing for eight (8) vesting credits for participants hired on or after January 1, 2013; amending Section 16-468 to lower the interest paid on a return of participant contributions from 5 percent to 2.5 percent; amending Sections 16-496 and 16-497 providing for changes in disability retirement benefits in accordance with disability benefits provided for in the Florida Retirement System; amending Section 16-501 correcting for previous scrivener's error by adding the word "compensation"; amending Section 16-503 increasing pension COLA start date from 3 years to 5 years after January 1st of retirement date for participants that retire on or after June 1, 2013; providing for a savings clause; providing for codification; Page 2 of 5 COMMISSION WORKSHOP MEETING January 22, 2013 providing for conflicts; providing for severability and providing for an effective date. Human Resources Director Maria Swanson and Human Resources Analyst Whitney Neff appeared. Human Resources Analyst Neff gave a presentation that outlined the proposed changes to the Firefighter Pension Plan which are necessitated by the new contract between the City and the IAFF that the Commission approved at the December 12, 2012 meeting. Human Resources Director Swanson responded to questions from the Commission. All were in agreement that City Staff and the Firefighters did an outstanding job when they negotiated the current contract. 2. Item No. 6 (c) on the Consent Agenda. SABAL PALM AMENDED DECLARATION OF RESTRICTIVE COVENANTS: (TR12297) A Resolution of the City Commission of the City of Tamarac, Florida, approving the request of Siegel, Lipman, Dunay, Shepard and Miskel, LLP on behalf of SPL Holdings, LLC and SPL South Holdings, LLC to amend the declaration of Restrictive Covenants for Sabal Palm as recorded in the official record book 44460, Page 1653 (Case No. 1-MI-13); providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Jennifer Bramley said that the Broward County Commission approved the LUPA for the Sabal Palm Development in 2007 and that approval was contingent upon a number of deed restrictions that were placed upon the property. In 2011 the property was purchased by 131h Floor, aka SPL Holdings, LLC, and SPL approached the City with a number of amendments to those restrictive covenants that the Commission approved in October 2011. The amendments pertained to Affordable Housing, traffic calming and fees paid for traffic calming, municipal impact fees and how they were to be paid as well as the height of the sound wall. In June of 2012 the amendments went to the County Commission and they approved those amendments in part. The County Commission did not approve the amendment regarding funding for traffic calming, they did, however, approve the method of payment for traffic calming. The City Commission originally approved $75,000 to be paid into escrow, the city would then do a traffic study, install the traffic calming mechanisms and if any funds are left over it would be refunded to the developer. The County Commission said it was ok to pay the money into escrow and for the City to do the traffic study, but they wanted $125,000. The developer consented as there are only a certain number of traffic calming mechanisms that will fit within that development. The City had approved an amendment with regards to County fees in that the County Commission would decide on how the fees were paid and the County decided the fees are to be paid in a lump sum. All issues have been resolved now with only one outstanding issue and that pertains to the height of the sound wall. Originally a 10 ft sound wall with landscaping on a 3ft berm was approved by the Commission based upon the fact that a sound wall was not required. At this juncture the applicant brought in a sound expert before County staff who showed the sound wall at 20ft is not necessary, however, the County disagrees. The direction from the County Commission at this point is County staff needs to meet with the applicant and come up with a compromise which would then be presented to the County Commission. To date this has not been done. Community Development Director Bramley said at this point building permits are ready to be issued for Sabal Palm North and staff is recommending that the Commission allow the language to revert back to the original, which is the sound wall will be constructed as required by FDOT, and allow for the building permits to be issued. If the applicant is successful before the County Commission, then staff will come back to the City Commission asking to change the Restrictive Covenants to 10 feet. If the applicant is unsuccessful, the sound wall will be built at 20 feet and the development will move forward. Staff is recommending that the Commission accept the amendments at Page 3 of 5 COMMISSION WORKSHOP MEETING January 22, 2013 tomorrow morning's meeting. Community Development Director responded to the Commissions questions. There was a discussion on getting the word out to the residents that meetings are now being -- streamed as only 41 people watched the first meeting for an average of only 10 minutes. Vice Mayor Dressler asked if there was a way for any handouts that are presented to the Commission at the meetings to be made available to the public. Information Technology Director Sucuoglu responded yes. 3. Item No. 6 (3) on the Consent Agenda. APPROVING AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND PARTICIPATING COMMUNITIES PROVIDING FOR SOLID WASTE DISPOSAL SUPPORT SERVICES: (TR12304) A Resolution of the City Commission of the City of Tamarac, Florida, approving an Interlocal Agreement with Broward County and participating Communities providing for Solid Waste Disposal Support Services; authorizing the appropriate City Officials to execute said agreement and take all steps necessary to effectuate the intent of the Resolution; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain, Financial Services Director Mark Mason and Budget/Contracts Manager Troy Gies appeared. Budget/Contracts Manger Gies gave a presentation which is on file in the City Clerk's office. Public Services Director Strain commented that previously there were a whole myriad of services that were being supplied by the County and we did not have a choice of whether we wanted them or not. Now we have a cafeteria plan and we will only be taking advantage of one of the services, but there are other services that we are looking at. At this point in time we may take those responsibilities on our own or we may join a local city coop of two or three cities and facilitate those services through that coop, i.e. the Hazardous Waste Disposal Program and Adopt -A -Street Program, it all depends on the cost effectiveness. Public Services Director Strain, Financial Services Director Mason and Budget/Contracts Manager Gies responded to questions and concerns from the Commission regarding the decision to go with Option 3 with Wheelabrator. 4. Item No. 6 (d) on the Consent Agenda. APPROVE CHANGE ORDER FOR THE COLONY WEST CLUBHOUSE ROOF REPLACEMENT PROJECT: (TR12298) A Resolution of the City Commission of the City of Tamarac, Florida, approving Change Order Number 1 to the Agreement Roofing Concepts Unlimited/Florida Inc. for the replacement of the roofing system at the Colony West Clubhouse Building located at 6800 NW 88th Avenue not to exceed $52,401; authorizing the appropriate City Officials to execute Change Order Number 1; authorizing an advance of $25,000 from Fund 310 Capital Projects Fund; authorizing an appropriation of $25,000; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain, Financial Services Director Mason and Purchasing/Contracts Manager Keith Glatz appeared. Public Services Director Strain gave a presentation which is on file in the City Clerk's Office. Commissioner Bushnell asked if the increase included the overhang by the front entrance and Public Services Director responded yes the roof on the overhang has already been repaired and the fascia needs to be replaced at this point. Commissioner Bushnell confirmed that the money the City is spending on these repairs will eventually be refunded back to the City through the lease payments from the Rack Family. Vice Mayor Dressler pointed out how important it is that the City is always cash flow positive. Page 4 of 5 COMMISSION WORKSHOP MEETING January 22, 2013 5. Item No. 6 (b) on the Consent Agenda. CHAMBER HEALTH & WELLNESS EXPO - IN - KIND SUPPORT AND WAIVER OF FEES: (TR12301) A Resolution of the City Commission of the City of Tamarac, Florida, approving a request from the Tamarac Chamber of Commerce for in -kind support and to waive fees for the Preventative Health and Wellness Expo Event to be held at the Tamarac Community Center on Saturday, February 23, 2013, from 9:00 a.m. to 12:00 p.m.; providing for permits, proper insurance, and execution of a hold harmless agreement; providing for conflicts; providing for severability; and providing for an effective date. Parks & Recreation Director Greg Warner appeared and gave a presentation with a brief history of the Chamber's Health & Wellness Expos over the past five years. Parks & Recreation Director Warner said the waiver of fees and the in -kind support comes to approximately $1,500.00. There being no further business to come before the City Commission, Vice Mayor Dressler adjourned the meeting 11:24 a.m. Patricia Teufel, Interim City Cferk Page 5 of 5 COMMISSION WORKSHOP MEETING January 22, 2013 CITY OF TAMARAC MEMORANDUM NO.2013-020 TO: Mayor Beth Talabisco Members of the City Commission CC: Michael Cernech, City Manager Diane Phillips, Assistant City Manager Pat Teufel, Acting City Clerk FROM: Samuel S. Goren, City Attorney Jacob G. Horowitz, Assistant City Attorney DATE: January 22, 2013 RE: City of Tamarac ("City") / Municipal Recall In response to several, independent inquiries from members of the City Commission and the City Administration, the City Attorney's Office has examined the municipal recall process set forth Section 100.361, F.S. This memorandum details the process by which electors in a municipality may recall an elected municipal official. Since the City is divided into districts and City Commissioners are elected by those electors residing in their respective district, only those electors residing in a district may sign the petition needed to recall that particular district commissioner. Further, only those electors residing within the district may vote in a recall election. More specifically, since the instant inquiry is a result of the current efforts to recall Commissioner Atkins -Grad, the District 2 Commissioner, only those electors residing in District 2 are eligible to sign the recall petition and vote in a recall election. This memorandum shall specifically contemplate a potential recall of Commissioner Atkins - Grad by the electors within District 2. A separate analysis would be necessary to examine a recall of any other members of the City Commission, based on the number of electors residing within a particular district or the at -large status of the Mayor. RECALL PETITION a. Content Any effort to recall an elected municipal official must begin with a recall petition (the "Petition"). The Petition must state the name of the person sought to be recalled and the grounds for the recall. The statement of the grounds for the recall may not exceed two hundred (200) words, and must be limited to the following grounds: 1. Malfeasance; 2. Misfeasance; 3. Neglect of duty; 4. Drunkenness; 5. Incompetence; 6. Permanent inability to perform official duties; and 7. Conviction of a felony involving moral turpitude. b. Requisite Signatures The number of signatures required on the Petition is contingent upon the number of electors residing within the district of the commissioner sought to be recalled. The City Attorney's Office has confirmed with the Broward County Supervisor of Elections ("SOE") that are currently 12,600 electors residing in District 2. In accordance with Section 100.361(b)(5), F.S., in a municipality or district of more than 10,000 but fewer than 25,000 registered electors, the Petition must be signed by at least 1000 electors or by ten percent (10%) of the total number of registered electors of the municipality or district as of the preceding municipal election, whichever is greater. The last municipal election occurred in the City in November 20121. At that time, District 2 had 12,496 registered electors. Based on the aforementioned analysis, the Petition to recall Commissioner Atkins -Grad must be signed by no less than 1250 registered electors residing in District 2. All signatures shall be obtained within a period of 30 days, and all signed and dated Petition forms shall be filed at the same time, no later than 30 days after the date on which the first signature is obtained on the Petition. As previously noted, only electors of the district are eligible to sign the Petition. Each elector signing the Petition shall sign and date his or her name in ink or indelible pencil. Each Petition form shall contain lines for each elector's original signature, printed name, street address, city, county, voter registration number or date of birth, and date signed. The Petition form shall also contain lines for an oath, to be executed by a witness who is to verify the fact that the witness saw each person sign the counterpart of the Petition, that each signature appearing on the Petition is the genuine signature of the person it purports to be, and that the Petition was signed in the presence of the witness on the date indicated. ' While there was not a District 2 election in November 2012, this was the last municipal election held within the City. A formal election was not conducted at this time since Commissioner Glasser and Commissioner Bushnell were re-elected without opposition. 2 c. Filing of Signed Petition All signed Petition forms shall be filed at the same time, no later than thirty (30) days after the date on which the first signature is obtained on the Petition. The person designated as the chair of the recall committee shall file the signed Petition forms with the City Clerk. Once filed, the Petition may not be amended. d. Verification of Signatures Immediately after the filing of the Petition forms, the City Clerk shall submit such forms to the SOE. No more than thirty (30) days after the date on which all Petition forms are submitted to the SOE by the Clerk, the SOE shall verify the signatures in accordance with Section 99.097, F.S., and determine whether the requisite number of valid signatures has been obtained for the Petition. The committee seeking verification shall pay, in advance, to the SOE, the sum of ten cents ($.10) for each signature or the actual cost of checking such signatures, whichever is less. Upon filing with the City Clerk, the Petition, and all subsequent paperwork required by the recall statute, must, upon request, be made available in alternative formats by the Clerk. If the SOE determines that the Petition does not contain the requisite number of verified and valid signatures, the City Clerk shall, upon receipt of such written determination, so certify to the City Commission and file the Petition without taking any further action, and the matter shall end. No additional names may be added to the Petition, and the Petition shall not be used in any other proceeding. If the SOE determines that the Petition has the requisite number of verified and valid signatures, then the procedures set forth below must be followed. II. RECALL PETITION AND DEFENSE (SIGNATURES VERIFIED) Upon receipt of a written determination from the SOE that the requisite number of signatures has been obtained, the City Clerk shall at once serve upon the person sought to be recalled a certified copy of the petition. Within five (5) days after service, the person sought to be recalled may file with the City Clerk a defensive statement of not more than two hundred (200) words (the "defensive statement"). Within five (5) days after the receipt of the defensive statement or after the last date a defensive statement could have been filed, the City Clerk shall prepare a document entitled "Recall Petition and Defense." The "Recall Petition and Defense" shall consist of the recall petition, including copies of the originally signed petitions and counterparts. It must contain lines which conform to the provisions of Section 100.361(2)(e), F.S., as detailed above, and the defensive statement or, if no defensive statement has been filed, a statement to that effect. The City Clerk shall make copies of the "Recall Petition and Defense" which are sufficient to carry the signatures of thirty (30) percent of the registered electors. Immediately after preparing and making sufficient copies of the "Recall Petition and Defense", the Clerk shall deliver the copies to the person designated as the chair of the committee and take his or her receipt therefor. a. Requisite Signatures on Recall Petition and Defense Upon receipt of the "Recall Petition and Defense" the committee may circulate them to obtain the signatures of fifteen percent (15%) of the electors. All signatures shall be obtained and all signed petition forms filed with the City Clerk no later than sixty (60) days after the delivery of the "Recall Petition and Defense" to the chair of the committee. b. Signed Petitions; Request for Striking Name The City Clerk shall assemble all signed petitions, check to see that each petition is properly verified by the oath of a witness, and submit such petitions to the SOE. Any elector who signs a recall petition has the right to demand, in writing, that his or her name be stricken from the petition. A written demand shall be filed with the City Clerk, and upon receipt of the demand, the clerk shall strike the name of the elector from the petition and place his or her initials to the side of the stricken signature. A signature may not be stricken after the clerk has delivered the "Recall Petition and Defense" to the SOE for verification of the signatures. c. Verification of Signatures Within thirty (30) days after receipt of the signed "Recall Petition and Defense," the SOE shall determine the number of valid signatures, purge the names withdrawn, and certify whether fifteen percent (15%) of the qualified electors of the municipality have signed the petitions. The supervisor shall be paid by the persons or committee seeking verification the sum of ten cents ($.10) for each name checked. d. Reporting If the SOE determines that the requisite number of signatures has not been obtained, the City Clerk shall, upon receipt of such written determination from the SOE, certify such determination to the City Commission and retain the petitions. The proceedings shall be terminated, and the petitions shall not be used again. If the SOE determines that at least fifteen percent (15%) of the qualified electors signed the petition, the City Clerk shall, immediately upon receipt of such written determination, serve notice of that determination upon the person sought to be recalled and deliver to the City Commission a certificate as to the percentage of qualified electors who signed. III. RECALL ELECTION 4 If the elected official sought to be recalled filed with the City Clerk, within five (5) days after the aforementioned notice, his or her resignation, the City Clerk shall promptly notify the City Commission of that fact, and the resignation shall be irrevocable. The City Commission shall then fill the vacancy in accordance with the City Charter and other applicable law. In the absence of a resignation, the chief judge of the 171t' Judicial Circuit shall fix a day for holding a recall election for the removal of those not resigning. Any such election shall be held not less than thirty (30) days or more than sixty (60) days after the expiration of the five (5) day period and at the same time as any other general or special election held within that period. If no election is scheduled to be conducted within that period, the judge shall call a special recall election to be held within the applicable timeframes. IV. BALLOTS The ballots at the recall election shall conform to the following, with respect to each person whose removal is sought: Shall be removed from the office of by recall? (name of person) should be removed from office. (name of person) should not be removed from office. V. FILING OF VACANCIES; SPECIAL ELECTIONS Section 100.361, F.S., provides separate procedures for the filling of vacancies for at -large positions and district positions. This memorandum shall only address the filing of vacancies for a district position. Further, the statute contemplates separate procedures for recalling multiple members of the City Commission as opposed to only one (1) member from a district. Specifically, in any recall election of only one (1) District Commissioner, the vacancy created by the recall shall be filled by the City Commission in accordance with the applicable provisions of the City Charter and Florida law. VI. ADDITIONAL CONSIDERATIONS Section 100.361, F.S., provides that no petition to recall any member of the City Commission shall be filed until the member has served one-fourth (1/4) of his or her term of office. Commissioner Atkins -Grad was most recently elected in November 2009. Since more than one- fourth of her current term has expired, she is legally eligible to be subject to a recall petition. No member of the City Commission removed by a recall, or resigning after a petition has been filed against him or her, shall be eligible to be appointed to the City Commission within a period of two (2) years after the date of such recall or resignation. The City Clerk is legally obligated to preserve all papers comprising or connected with a Petition for recall for a period of two (2) years after they were filed. It is the intent of the legislature to have a uniform, statewide recall procedure and, therefore, all municipal charter and state law provisions which conflict with the provisions of Section 100.361, F.S., are expressly repealed to the extent of such conflict. VII. CONCLUSION This memorandum is intended to provide a general overview and outline of the municipal recall procedures set forth in Section 100.361, F.S. In the event that the current recall initiative against Commissioner Atkins -Grad continues to move forward, the City Attorney's Office is prepared to coordinate the City Clerk and City Administration and assist with all statutory obligations, as appropriate. Please contact our office if there is any additional information that we can provide. SSG/JGH H:\_GOV CLIENTS\TAM 2704\050164 G"EMO 2013\2013-021 (Municipal Recall Process - Atkins-Grad).docx 0