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HomeMy WebLinkAbout2014-01-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JANUARY 8, 2014 CALL TO ORDER: Mayor Beth Talabisco called the Regular Commission Meeting of the City Commission to order at 7:00 p.m. on Wednesday, January 8, 2014 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: Vice Mayor Gomez led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming January 2014 as "Broward County Diversity Community Month". (Requested by Mayor Beth Talabisco) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Commissioner Bushnell hoped that everyone had a wonderful holiday season and spoke of the importance of family. Commissioner Bushnell spoke of the birth of City Attorney's grandson and offered her condolences to Mayor Talabisco on the recent loss of her mother. Commissioner Bushnell reported that she participated in a CERT exercise last evening where they tested the new radios in various areas of the City. Commissioner Bushnell reported that she attended the Broward League of Cities Task Force meeting earlier today regarding the Inspector General (IG) wanting to create an over -site commission that answers to the IG. The issue that arose is that municipalities would no longer have the ability of having our city attorneys offer us a safe harbor opinion and if we took our attorneys' opinion the over - site commission could say that it was not viable. This just suggests that .our attorneys are paid by us and it was suggested that they were pandering to the elected officials in giving us an opinion in order to keep their jobs. The Task Force found this to be objectionable. There are other issues that City Attorney Goren will elaborate on in his report. Commissioner Bushnell welcomed Sandy Ehrlich to the Parks and Recreation Board. Commissioner Bushnell said when she arrived home earlier she found out that a neighbors home had been broken into and asked Captain Glassman to do whatever needs to be done to make our neighborhoods safer. b. Vice Mayor Gomez: Vice Mayor Gomez attended the Broward League of Cities Education Committee meeting and said she was happy to host the Broward Delegation meeting that was held in City Hall in December. Vice Mayor Gomez also attended the Tamarac Chamber of Commerce breakfast and complimented staff on the bus shelters that are being installed on University Drive. Vice Mayor Gomez invited Tamarac residents to "Coffee With the Vice Mayor" events that will be held around the City. The first event will be held on Saturday from 1 p.m. to 3 p.m. at Marinos Bakery and Deli on 57th Street and other meetings will be held on January 28th and February 13th. Flyers and emails will be going out with the details inviting people to attend to share their concerns and opinions. Page 1 of 7 REGULAR COMMISSION MEETING January 8, 2014 Vice Mayor Gomez advised that Tara Piatek of the Tamarac Chamber of Commerce will be leaving at the end of January and thanked her for the work she had done for the Chamber over the past year. c. Commissioner Glasser: Commissioner Glasser said now that the holidays are over it is time for business again as there are many things to accomplish over the rest of the year. Commissioner Glasser said the Commission will be attending a Strategic Planning meeting on Tuesday where we will be discussing everything we want to accomplish. Commissioner Glasser reported on the major renovations that are going on at the Kings Point Clubhouse and thanked Chief Building Official/Director Grande and his staff for their assistance in getting the permits and inspections. d. Commissioner Dressler: Commissioner Dressler thanked Commissioner Bushnell for participating on the Ethics Task Force. Commissioner Dressler expressed outrage over the fact that Tamarac's highly respected and ethical City Attorney is being referred to as a "paid advocate". Commissioner Dressler spoke of the relationship and trust that he has for City Attorney Goren and said he will not stand for this type of intrusion and looks forward to receiving updates from City Attorney Goren. e. Mayor Talabisco: Mayor Talabisco said that she and City Attorney Goren will be at the Broward League of Cities Board of Directors meeting tomorrow. Mayor Talabisco concurred with Commissioner Dressler's comments regarding City Attorney Goren. Mayor Talabisco reported that she received a letter from Broward County Mayor Sharief requesting that we agree to delay the Resource Recovery Board (RRB) meeting on January 17th and asked City Attorney Goren to discuss this letter in his report. Mayor Talabisco spoke about an Op Ed article that appeared in the Sun -Sentinel which praised Tamarac Fire Rescue and gave thanks to all the EMS personnel that provided services. Mayor Talabisco spoke about Captain Glassman hosting a Haitian Citizens Academy and said she sent a letter to Sheriff Israel praising everyone involved for the spectacular job they did. Mayor Talabisco congratulated staff for applying for and winning the Palladium Award and advised that a letter will be going out to various entities around the country with this information. Mayor Talabisco congratulated Commissioner Glasser on being appointed as the Chair of the Advisory Council for the Aging and Disability Resource Center of Broward County. Mayor Talabisco congratulated Attorney Goren on the birth of his grandson and spoke of the passing of her mother and the influence she had on the Mayor. Mayor Talabisco thanked everyone for the support that was shown to her and Jack when her mother passed away. Vice Mayor Gomez commented that the beauty of the law is that there are gray areas and said we trust City Attorney Goren and was concerned about the perception the residents would have if the IG says that we cannot trust our own attorneys. 3. CITY ATTORNEY REPORT: City Attorney Goren said with regards to the RRB matter Tamarac is a co -plaintiff challenging the Broward County Commission's claims about certain assets. City Attorney Goren gave a brief overview of the litigation and the Chapter 164 process. City Attorney Goren said that Mayor Sharief's letter dated December 31 St that 1) she is assuring cities that the County will use its best efforts to resolve this dispute in a manner that best serves our joint constituents; 2) requests that the City likewise commit its best efforts to resolve this dispute in a manner that best serves the needs of our community and 3) is asking the City to agree to postpone for 90 days the joint public meeting of elected officials in order to have more conversations. Counsel for the plaintiffs, Mr. Cole, has advised Mayor Sharief that we will not defer the meeting on January 17th. Mayor Talabisco said she accepts what City Attorney Goren has suggested and they will not respond to Mayor Sharief. City Attorney Goren reported that he attended the meeting of the Ethics Task force earlier today with the IG's legal experts. City Attorney Goren said that legal experts and counsel for the IG presented the same PowerPoint presentation that he presented to the Commission a few months ago which Page 2 of 7 REGULAR COMMISSION MEETING January 8, 2014 essentially is an intent to promote a structural change to the IG's role to enforce the Ethics Code. The IG is a legal entity in Broward County which was adopted by Charter Amendment and is a Charter Officer independent of the County Commission who has a series of multiple obligations. One of the obligations is to enforce the County's Ethics Code. It is not the intention of the IG to change everything in the Ethics Code because some things require Charter Amendment. The County Commission has agreed to certain structural changes in the Charter provision governing the IG and creating other Charter revisions regarding the creation of an Ethics Commission, an Ethics Commissioner or some combination thereof. Most important the IG is preparing a report that will be available at the end of January, therefore, City Attorney Goren said he cannot respond to what he has not seen and can only respond to the PowerPoint presentation that was presented today at the meeting which talks about the creation of a separate Ethics Commission or an Ethics Officer who would be the sole individual who would have the authority to essentially render binding opinions upon requestors who have issues regarding the Ethics Code. The Broward League of Cities has not commented publicly about this and will provide their comments when the report is released. City Attorney Goren spoke about the comments made by the various members of the Task Force and said the end result of which is under the bylaws that if an issue of substance were to be considered by the Board of Directors, it is a delegate's obligation to bring that information back to their commissions for consideration. While we have not seen the report yet we do know structurally the intent is to change the County Charter to provide for some mechanism to provide for legal opinions to be given by an Ethics Commissioner or an Ethics Commission which seems to be the direction that is being taken. It is not the intention of the IG's office to deal with subjects within the ethics code. Their issue is the structural issue of how the functionality occurs between the prosecutorial arm of the IG's office and the rendition of the Ethics Code. City Attorney Goren said legal counsel for the IG referred to City Attorneys as "paid advocates" which was not received very well by people in attendance. The IG's Office said that the Ethics Code adopted by the Broward County Commission is not perfect and has some issues and flaws, however, other aspects are workable. There was a void in the discussion today regarding giving legal opinions or interpretations for city officials and no one offered a response. Mr. Cole argued that every city has a different texture, fabric and set of facts. The Ethics Code may be the same everywhere but there may be a set of facts that perhaps because I know who you are and what you do and should not be interpreted by someone other than the City Attorney. Mr. Goren said he spends a lot of time with the Commission members on a daily, weekly and monthly basis with the Commission's ethics questions that many times do not result in an opinion. If a Commissioner calls him and I tell you that what you are asking about may in fact be precluded by the Ethics Code will not result in an opinion. However, if there is an issue that suggests an answer may be yes I would suggest the Commissioner make a formal request for an opinion. Whatever the League of Cities does this Commission will have a place at the table as a collegial body to weigh in on what those comments should be and if this Commission disagrees with the League you have to say that you disagree. Commissioner Dressler asked who referred to City Attorneys as "paid advocates" and Mr. Goren responded General Counsel for the IG Jennifer Marino. Commissioner Dressler said he objects to City Attorney Goren being characterized as a "paid advocate" and called it an insult to the professionalism of the City Attorney's Office. Commissioner Dressler said City Attorney Goren, or one of his associates, have been effective in rendering prudent 3rd party neutral and objective opinions. Commissioner Dressler said that as an elected official of the City -of Tamarac he felt the Commission has a duty to speak out and let people know this is not acceptable and asked Commissioner Bushnell and Mayor Talabisco to let people know that no one will get between him and the person that we have selected to provide us with advice. City Attorney Goren said one of the retorts offered by counsel for the IG was that it was the public's perception that City Attorney's are "paid advocates" who favored their public officials with the answer that they chose to get. It -was not her opinion but it is the perception the public had. Commissioner Dressler said we have to send a strong message because City Attorney Goren is not being treated with respect. Page 3 of 7 REGULAR COMMISSION MEETING January 8, 2014 4. CITY MANAGER REPORT: City Manager Cernech wished everyone a Happy New Year and invited people to attend the Grand Re -opening of Colony West Country Club on Saturday, July 18th at 8:15 a.m., following the ceremony there will be a shot gun start on the Championship course and said space is limited so call the Pro -Shop at 954-718-7061 to make reservations. There will be specials during the day and the restaurant and bar will be open. From Fire Rescue: City Manager Cernech reported that the Firefighter of the Year review and selection is set for January 14th and the name of the person selected will be released shortly after that date. Chief Stillwell and other members from Fire Rescue will be attending the Fire Rescue East Conference in Orlando on January 21-25 and Rescue Team 7 will be participating in the competition for Rapid Intervention Teams. From Parks & Recreation: City Manager Cernech reported that construction/renovation of the Playground at the Tamarac Sports Complex will begin on Monday, January 13th. City Manager Cernech invited everyone to attend the January Senior Social/Bagel Breakfast on Tuesday, January 21 St at the Community Center. City Manager Cernech said Tamarac continues to participate in the RRB litigation against the County because when the RRB closed they left approximately $150 million in assets to be disposed of which is the subject of the litigation. Mr. Cole has presented the County Commission with a report for their review wherein the RRB assets are valued at $150 million. At the meeting at the Sunrise Community Center on January 17th, both City Attorney Goren and City Manager Cernech will be in attendance. City Manager Cernech noted that security for City Hall and other City facilities has been a topic of discussion for awhile and we have taken steps to make our buildings more secure. City Hall has been a constant source of discussion and while we have had some surveys and studies done, so far we have not come to any conclusions. Mr. Cernech reported that at the end of last year he appointed a Security Committee that will be developing concrete recommendations for steps to be taken for several of the City's buildings. Staff will report back to the Commission at some future date with those recommendations. Lastly, City Manager Cernech said he wanted to let the Commission know that Water Conservation Specialist Bill Franqui will be retiring at the end of the month. Mr. Franqui has served as an ambassador for Tamarac for many years and invited the Commission to reach out to Mr. Franqui and wish him well in his retirement. 5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following individuals spoke: Patti Lynn, 6411 NW 58th St. said on Saturday from 2 to 4 p.m. there will be an workshop regarding Human Trafficking in Weston; on Friday the Broward Coalition will be hosting its monthly meeting at Sunrise Lakes Phase 1 Clubhouse; expressed her concern regarding home rule in relation to vacation rentals; asked for a water fountain to be installed in the Chambers and said she will miss retiring employees Bill Franqui and John Fletcher; Bill Rose 8301 NW 57th Court; expressed his concern about Tamarac Seniors receiving solicitations for contributions and referencing the City 'of Tamarac; Stewart Webster 7900 Colony Circle So., said it is good to see Commissioner Dressler's passion when he spoke about the ethics issue discussed earlier, he was glad to see Colony West Country Club re -open, spoke about the Sun -Sentinel Op Ed piece praising Tamarac Fire Rescue and ended by saying that it is time people started to recognize the good that Tamarac's employees do. 6. CONSENT AGENDA. Mayor Talabisco asked City Manager Cernech if there were any changes/additions to the Consent Agenda and City Manager Cernech responded that there were no changes/additions to the Consent Agenda; however, Vice Mayor Gomez said the minutes of the December 11, 2013 meeting had to be revised to correct the name "All American Hanukkah Page 4 of 7 REGULAR COMMISSION MEETING January 8, 2014 Luncheon" to "ORT American Hanukkah Luncheon". Commissioner Dressler seconded by Vice Mayor Gomez moved approval of the Consent Agenda, with the exception of the minutes of the December 11, 2013 Commission Meeting. Motion passed unanimously (5-0). a. Approval of the December 11, 2013 Regular Commission Meeting Minutes — NOT APPROVED b. TR12437 - Approval of HOME 13/14 Interlocal Agreement: A Resolution of the City Commission of the City of Tamarac, Florida, accepting the 2013-2014 fiscal year Home Investment Partnership ("HOME") funds; authorizing the appropriate City officials to execute an Interlocal Agreement for the designation of subrecipient and disbursement HOME program, fiscal year 2013-2014, with Broward County and subsequent agreements, if necessary, pending legal review; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014-01 c. TR12435 - Chartwell Memory Care WSDA: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept and execute a Second Amendment To The Water and Sewer Developer's Agreement with Tamarac Acquisitions LLC, for the Chartwell Memory Care Project, located at 7640 N. University Drive, requiring an additional 8 ERC's for water and an additional 8 ERC's for sewer; requiring additional payment of $13,600.00 for water and $17,600.00 for sewer; requiring a total additional payment of $31,200.00 in CIAC Fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014-02 d. TR12436 - Approving Amendment #11 to Agreement with Ronald L. Book for Lobbying Services: A Resolution of the City Commission of the City of Tamarac, Florida; approving Amendment #11 to the Agreement between the City of Tamarac and Ronald L. Book, P.A. for Lobbying Services, extending the Agreement through January 26, 2015, at a cost not to exceed Fifty -Nine Thousand Four Hundred Dollars ($59,400.00) per year; authorizing the appropriate City Officials to execute the Amendment to the Agreement for Lobbying Services; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014-03 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. TR12420 FY 13/14 CDBG Action Plan Amendment: A Resolution of the City Commission of the City of Tamarac, Florida, approving a first amendment to the fiscal year 2013/2014 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the fourteenth program year to provide for reallocation of funds and addition of two activities; providing for conflict; providing for severability; and providing for an effective date. Commissioner Glasser seconded by Vice Mayor Gomez moved approval of TR12420. City Attorney Goren read TR12420 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-2014-04 10. ORDINANCE(S) -SECOND READING: There were no Ordinance(s) —Second Reading scheduled for this meeting. Page 5 of 7 1 REGULAR COMMISSION MEETING January 8, 2014 11. QUASI-JUDICIAL HEARING(S): a. TR12440 - University Hospital Helipad - Major Revised Site Plan: A Resolution of the City Commission of the City of Tamarac, Florida, granting Major Revised Site Plan approval for the University Hospital and Medical Center Helipad project, to allow for the construction of a helipad to serve the medical needs of the adjacent medical center, for the property located on the west side of University Drive, east of N.W. 80 Avenue at 7201 North University Drive (specifically Parcels B, Cl and D, of University Hospital according to the plat thereof as recorded in Plat Book 102, Page 50, of the public records of Broward County, Florida) (Case No. 24-SP-13); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12440 by title into the record. Commissioner Bushnell seconded by Commissioner Dressler moved approval of TR12440. City Attorney Goren went over the Quasi -Judicial proceedings and City Clerk Teufel swore in all affected parties. Planning and Zoning Manager 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 TR12440. Eric Grainger, IBI Group, appeared on behalf of the applicant. Mr. Zickar and Mr. Grainger responded to questions and concerns from the commission regarding the loss of parking spaces, the safety of people around the helipad and how people would be transported to and from the helicopter. Mayor Talabisco asked Fire Chief Mike Burton if Fire Rescue had reviewed the plans. City Clerk Teufel swore in Fire Chief Burton. Fire Chief Burton confirmed that Fire Rescue had reviewed the project and advised that Tamarac Fire Rescue would not be transporting people to and from the helicopter. Mark Taudien, Array Architects, was sworn in to provide further answers to the Commission's questions. Mayor Talabisco left the meeting at 8:50 p.m. and returned at 8:53 p.m. Vice Mayor Gomez left the meeting at 8:54 p.m. and returned at 8:57 p.m. Mayor Talabisco opened the Public Hearing and Patti Lynn, 6411 NW 58th St. expressed her opposition to the project because of her concerns about the lack of parking. With no one else wishing to speak, Mayor Talabisco closed the Public Hearing. Motion passed unanimously (5-0). RESOLUTION R-2014-05 b. TR12441 - 7800 Building - Special Exception: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception (with conditions) petition to allow for the use of an adult daycare facility within a B -3 (General Business District) Zoning District; for the subject property located at 7800 University Drive (specifically, Lots 22 and 23, Block 11, of the Lyons Commercial Subdivision No. 3, according to the Plat thereof, as recorded in Plat Book 76, Page 31, of the public records of Broward County, Florida) pursuant to Section 24-434 of the Tamarac Code of ordinances; (Case No. 11-Z-13) providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12441 by title into the record. Commissioner Glasser seconded by Vice Mayor Gomez moved approval of TR12441. City Attorney Goren went over the Quasi -Judicial proceedings and City Clerk Teufel swore in all affected parties. Planning and Zoning Manager 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 TR12441. Tara Patton appeared on behalf of the applicant. Mr. Zickar, Ms. Patton, City Manager Cernech and City Attorney Goren responded to the many questions and concerns from the Commission. After much discussion it was decided that the Commission needed more information on the Special Exception before it could move forward. Commissioner Bushnell seconded by Vice Mayor Gomez and Commissioner Dressler moved to continue the matter to the January 22, 2014 Commission Meeting. Motion passed unanimously (5-0). ITEM CONTINUED TO THE JANUARY 22, 2014 COMMISSION MEETING. Page 6 of 7 REGULAR COMMISSION* MEETING January 8, 2014 12. OTHER BUSINESS: There being no further business to come before the City Corn meeting at 9:38 p.m. x Lity LIerK fission, Mayor Talabisco adjourned the , bw-b Harry Dressler, Mayor Page 7 of 7 REGULAR COMMISSION MEETING January 8, 2014