HomeMy WebLinkAbout2015-06-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JUNE 24, 2015
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City
of Tamarac to order at 9:09 a.m. on Wednesday, June 24, 2015 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Pamela Bushnell, Commissioner Michelle J.
Gomez, Commissioner Diane Glasser and Commissioner Debra Placko were in attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Patricia A. Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Glasser led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a Plaque to the Mayor and Commission by Randy Hibshman,
Representing Challenger Baseball.
b. Presentation of a proclamation by Mayor Harry Dressler proclaiming the Month of July
2015 as "Parks and Recreation Month". (Requested by Parks and Recreation Director Greg
Warner)
c. June Employee Service Awards:
10 - Year Award: Levertis Byrd, Landscape Supervisor, Public Services
15 - Year Award: Bruce Looman, Systems Analyst, Information Technology
20 - Year Award: Percy Sayles, Assistant Fire Chief, Fire Rescue
30 - Year Awards: Matthew Moore, Driver Engineer Paramedic, Fire Rescue; David
Radzivill, Captain Paramedic, Fire Rescue
2. CITY COMMISSION REPORTS:
a. Vice Mayor Bushnell: Vice Mayor Bushnell talked about the COPS program and how
important it is in keeping the residents of Tamarac safe. Vice Mayor Bushnell noted that while
driving into the various neighborhoods while on COPS patrol you can identify the households
that have not been through a hurricane because of all the items they have on the outside of
their homes. Vice Mayor Bushnell reminded everyone to be prepared for hurricane season.
b. Commissioner Gomez: Commissioner Gomez said she attended a "Shark Tank" program
for 8th graders at the Everest Charter School and participated in the American Cancer Society
"Jail and Bail" fund raiser yesterday. Commissioner Gomez advised that the TD Bank on
Commercial Blvd. will be holding a fund raiser on July 10th to help raise funds for the Parks
and Recreation Foundation and anyone bringing in their change to be counted in the change
machine TD bank will match the amount up to $2,000 in the form of a donation to the
Foundation. Commissioner Gomez said she had the opportunity to go Salt Lake City on
behalf of Tamarac for a National Transportation Infrastructure Steering Committee meeting
where worked on infrastructure issues to bring before Congress and make Congress
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understand that we need to make better infrastructure plans. These issues will be worked on
again at the next workshop in November for presentation to Congress in March 2016.
Commissioner Gomez said she had the opportunity to meet the new Florida Department of
Transportation Secretary Jim Boxold and noted that Florida's transportation system is better
than most in the country.
c. Commissioner Glasser: Commissioner Glasser said she was under the weather recently
and spent most of her time at home recuperating and while at home had the opportunity to
watch the Broward County Commission meeting regarding the controversy surrounding the
issues that taxis have additional fees they have to pay and UBER does not. Commissioner
Glasser said this will be addressed by the County Commission sometime in August.
d. Commissioner Placko: Commissioner Placko said another issue that the Broward County
Commission talked about was the Supervisor of Elections Office putting stamps on the return
envelope of the absentee ballots in an effort to make it easier for people to vote.
Commissioner Placko said she attended the MPO meeting and two of the items that were
discussed were that the Miami -Dade, Ft. Lauderdale and Pompano Beach area ranked
highest in pedestrian and bike accidents and the MPO has $100,000,000 allocated for bike
lanes and sidewalks and quite railroad zones which the Governor just vetoed. Commissioner
Placko noted the MPO will have an information booth at the Community Center which will
have information about the organization and what they do. Commissioner Placko attended
the WPOA meeting where they talked about the installation of the flag retirement box in July
in Veteran's Park and also attended the Public Art Committee meeting where they talked
about their upcoming projects.
e. Mayor Dressler: Mayor Dressler said he attended the US Conference of Mayors series of
meetings where he was appointed to the Metro Economies Task Force and the US
Conference of Mayors International Task Force. The US Conference of Mayors discusses
and proposes legislation that goes on to the Federal Government, the White House and to
Congress. One issue that he was asked to get involved in was a Resolution entitled
"Restoring a Level Playing Field for Open Skies Policy", originally introduced by the
Honorable Elizabeth Kautz, Mayor of Burnsville, MN. This deals with an allegation that the
nations of the UAE have violated the Open Skies Policy by subsidizing their own airlines to
the tune of $42 billion which means that US airlines who serve those areas cannot be
competitive. Mayor Dressler spoke about the effects of this on the US airlines. Mayor
Dressler said Philadelphia Mayor Michael Nutter also supported the resolution which was
passed unanimously. Mayor Dressler said he is honored to represent Tamarac on this level
and he will report on other items at future meetings.
3. CITY ATTORNEY REPORT: City Attorney Goren said at the last meeting he briefed the
Commission on a memorandum which his office authored in connection with the acquittal of
former Mayor Beth Talabisco. That memo, 2015-72 dated June 2, 2015, highlighted several
of the requirements, obligations and responsibilities of the City in connection with the
potential future request for reimbursement of fees and expenses arising out of the defense of
that case. City Attorney Goren said the City is now in receipt of the request for
reimbursement from Attorney Larry Davis, which was forwarded to the Commission on June
17, 2015. The back pay and benefits, which is obligated by statute, have already has been
processed by City Administration and paid per Chapter 112.51(6) F.S. City Attorney Goren
said there needs to be a public finding of legal entitlement for the reimbursement of legal fees
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and it is his opinion that there is a legal basis for entitlement. City Attorney Goren said he will
need to engage outside counsel to review reasonableness of those fees, as we had done in
the past with Howard Greitzer, who is an outside expert in criminal law matters. City Attorney
Goren reminded the Commission that Mr. Greitzer was selected independently by two
additional City Attorneys who recommended him as a source and we negotiated a contract
with him several years ago and he is available to review this now. This is the second issue
that the Commission will openly have an obligation to consider the reasonableness of the
fees. City Attorney Goren asked the Commission to consider on the record by Motion,
consistent with Memorandum 2015-072 dated June 2, 2015, a Motion to find legal entitlement
for Mayor Talabisco to seek reimbursement of legal fees. Commissioner Gomez seconded
by Vice Mayor Bushnell moved to find legal entitlement for Mayor Talabisco to seek
reimbursement of legal fees. Motion passed unanimously(5-0). City Attorney Goren said he
will engage Mr. Greitzer for the purpose of the review which will be objective and
independent. City Attorney Goren said as a matter of public record with the oddity of the first
occurrence the City did pay legal fees up to the time of the dismissal of her case. 50% of the
funds were placed in escrow and 50% paid to the former Mayor. When the dismissal was
reversed at that time the funds were paid back to the City's General Fund. City Attorney
Goren reminded the Commission that July 1st Form 1's are due.
4. CITY MANAGER REPORT: City Manager Cernech announced that Tamarac has been
selected as the 2015 recipient of the ICMA Strategic Leadership and Governance Award
which recognizes innovative and successful local government programs/processes. City
Manager Cernech congratulated Chief Building Official/Director Claudio Grande on being
selected as the "Building Official of the Year" by the Building Officials Association of Florida.
City Manager Cernech congratulated Purchasing/Contracts Manager Keith Glatz on
becoming the Chair of the Governing Board of the National Institute of Governmental
Purchasing which is the largest governmental purchasing organization in the world.
City Manager Cernech said the IT Department will, by the end of August, systematically
replace the aging network and telecommunication infrastructure by replacing key equipment
that is over 10 years old and establish new technologies that will serve Tamarac for the next
10 years.
City Manager Cernech reported that Tamarac is being honored with the 2015 Playful City
USA Designation for the 6th year in a row for making our community more playable. The City
has a group of dedicated Playful City Committee members who meet regularly and plan
initiatives such as the Annual Play Day event which will take place on Thursday, September
17, 2015 from 1:30 p.m. to 3:30 p.m. at Tamarac Park. Tamarac is proud to be named one of
241 cities nationally as a Playful City USA.
City Manager Cernech said on July 10th TD Bank at 7001 W. Commercial Blvd. will count
coins placed in their change machine and will then match the amount in the form of a
donation to the Parks and Recreation Foundation and will present a check to the Foundation
at 6:00 p.m. that day at the Recreation Center.
Upcoming Events: City Manager Cernech invited everyone to the "Patriotic Splash Party"
which will be held at the Caporella Aquatic Center on July 4th from Noon to 4:00 p.m. and the
cost for children 17 and under is $3.50 and adults is $4; the 4th of July "All American
Celebration" will be held from 6:00 p.m. to 9:00 p.m. at the Tamarac Sports Complex with a
Page 3 of 7 REGULAR COMMISSION MEETING June 24, 2015
free concert featuring the group "Soundworthy". Fireworks will begin promptly at 9:00 p.m.
and with limited parking encouraged people to use the shuttle buses from City Hall and the
Community Center
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one
wishing to speak closed Public Participation.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech said there were no
changes/additions to the Consent Agenda. Vice Mayor Bushnell seconded by Commissioner
Placko moved approval of the Consent Agenda as presented. Motion passed unanimously
(5-0).
a. Approval of the June 10, 2015 Regular Commission Meeting Minutes - APPROVED
b. TR12657 - Reasonable Time Extension for Zoning In Progress: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing a reasonable time extension of the
Zoning in Progress of sixty (60) days in accordance with Chapter 24, Article II, Division 6,
Section 24-91 of the City of Tamarac Code of Ordinances; authorizing and directing the City
Manager to undertake further study and review of the City's regulations relating to
appropriate zoning and land use districts and regulations for the affected areas; providing that
upon the adoption of this Resolution extending the Zoning in Progress an additional sixty (60)
days, no permits shall be issued for new development within the affected areas for a total of
one hundred and eighty (180) days from the date of the administrative order, consistent with
this resolution; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2015-51
c. TR12653 - Second Renewal of Quicklime for Southeast Florida Government Purchasing
Cooperative: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing
the appropriate city officials to exercise the second renewal option of agreements to "furnish,
deliver and discharge of Quicklime" to, and execute agreement amendments with, Lhoist
North America of Alabama, LLC for the City of Tamarac and on behalf of eighteen other
agencies in the Southeast Florida Governmental Purchasing Cooperative (Co -Op); and with
Carmeuse Lime & Stone, incorporated on behalf of one member of the Southeast Florida
Governmental Purchasing Cooperative, the City of Hollywood, for a period of one year
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-52
d. TR12655 - BSO K9 Training Facility Lease Agreement: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the lease of the property located at
7515 NW 88 Ave., Tamarac FL 33321 to the Broward Sheriff's Office for use as a K-9
Training Facility, authorizing the City Manager to enter into a Lease Agreement with the
Broward Sheriff's Office; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2015-53
Mayor Dressler moved out of the order of the agenda to take up Quasi -Judicial Items 11(a)
TBO-06 and 11 (b) TR12656.
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11. QUASI-JUDICIAL HEARING(S):
City Attorney Goren said the applicant's attorney, Dennis Mele, has requested an extension
of time and to defer TBO-06 and TR12656. City Attorney Goren read TBO-06 and TR12656
by title into the record. City Attorney Goren requested affected parties identify themselves for
the record and Community Development Director Calloway appeared and noted that
Community Development sent out notices consistent with City Code to everyone within 400ft
of the site in question and this has been published in the newspaper as required by law.
Attorney Mele appeared and requested that TBO-06 and TR12656 be deferred to the July 8,
2015 meeting. Mayor Dressler opened the public hearing and with no one wishing to speak,
closed the public hearing. Vice Mayor Bushnell seconded by Commissioner Placko moved to
defer TBO-06 and TR12656 to the July 8, 2015 regular commission meeting. Motion passed
unanimously (5-0).
a. Temporary Board Order No.06 - The Atlantic: Special Exception: Special Exception use
pursuant to Section 24-434 of the City of Tamarac Code of Ordinances, Land Development
Regulations ("LDRS"), to allow the use of a proposed passive private park/dog park
consisting of a mail kiosk with seven (7) parking spaces.
DEFERRED TO THE JULY 8, 2015 REGULAR COMMISSION MEETING
b. TR12656 - The Atlantic: New Development Site Plan: A Resolution of the City Commission
of the City of Tamarac, Florida, granting New Development Site Plan approval (with
conditions) for the Atlantic Private Park project, to allow for a proposed passive private
park/dog park consisting of a mail kiosk with seven (7) parking spaces, for the subject
property located on the south side of West Commercial Boulevard approximately one third of
a mile to the east of State Road 7/441 (Specifically all of Parcel "A", together with a portion of
Parcels "B" and "C", Headway Office Park according to the Plat thereof as recorded in Plat
Book 125, Page 49 of the public records of Broward County, Florida) (Case No. 5-SP-15);
providing for conflicts; providing for severability; and providing for an effective date.
DEFERRED TO THE JULY 8, 2015 REGULAR COMMISSION MEETING
Mayor Dressler moved back into the regular order of the Agenda.
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. T02323 - Water Utility Tax: An Ordinance of the City Commission of the City of Tamarac,
Florida, amending Article VI "Public Service Tax" of Chapter 6, "Finance and Taxation of the
Code of Ordinances of the City of Tamarac by amending Sections 6-157 through 6-159 to
provide for the implementation of a public service tax on water service pursuant to Section
166.231, Florida Statutes; providing for notice to the Department of Revenue; providing for
codification; providing for conflicts; providing for severability; providing for an effective date.
City Attorney Goren read T02323 by title into the record. Commissioner Gomez seconded
by Commissioner Placko moved approval of T02323 on first reading. Financial Services
Director Mason appeared and gave a presentation, a copy of which is on file in the City
Clerk's Office, and responded to a few questions from the Commission. Motion passed
unanimously (5-0).
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PASSED ON FIRST READING JUNE 24, 2015
b. T02324 - Right of Way Solicitation: An Ordinance of the City of Tamarac, Florida,
amending Chapter 14 of the City's Code of Ordinances entitled "Motor Vehicles and Traffic"
by amending Article I, Section 14-3 entitled "Activity Restricted on Certain Streets"; prohibiting
solicitations in and upon certain roadways and rights -of -way within the City; providing for
definitions; providing for findings and intent; providing for penalties; providing for codification;
providing for conflicts; providing for severability; and providing for an effective date. City
Attorney Goren read T02324 by title into the record and added that the Captain Glassman's
PowerPoint Presentation will be incorporated herein and made a part of the record. Captain
Glassman appeared and gave a presentation, a copy of which is on file in the City Clerk's
Office. City Attorney Goren spoke briefly about the Pembroke Pines lawsuit and ordinance as
well as the collaborative effort put forth by BSO, City Staff and the City Attorney's Office in
crafting this Ordinance. City Attorney Goren noted that this Ordinance is not geared to any
specific group nor is it a citywide ban and is consistent with Federal Law and the Judge's
Order in the Pembroke Pines matter. Commissioner Gomez seconded by Commissioner
Placko moved approval of T02324 on first reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING JUNE 24, 2015
9. PUBLIC HEARING(S):
a. TR12654 - Approval of CDBG 5-Year Consolidated Plan & Action Plan: A resolution of the
City Commission of the City of Tamarac, Florida, adopting the City of Tamarac Consolidated
Plan; authorizing the appropriate City officials to submit said Consolidated Plan program
funds for HUD's fiscal years 2015/2016 - 2019/2020; together with the fiscal year 2015 (City's
Sixteenth Program Year) Annual Action Plan to the U.S. Department of Housing and Urban
Development ("HUD") for the Community Development Block Grant ("CDBG"); Case No. 2-
MI-15; providing for conflicts; providing for severability; and providing for an effective date.
City Attorney Goren read TR12654 by title into the record. Vice Mayor Bushnell seconded by
Commissioner Glasser moved approval of TR12654. Mayor Dressler opened the Public
Hearing and with no one wishing to speak, closed the Public Hearing. Community
Development Director Calloway appeared and gave a brief description of the CDBG program
as requested by Mayor Dressler. Motion passed unanimously (5-0).
RESOLUTION R-2015-54
10. ORDINANCE(S) - SECOND READING:
a. T02322 - General Employees' Pension Plan Amendments: An Ordinance of the City
Commission of the City of Tamarac, Florida; amending Chapter 16, Pension and Retirement,
Article III, Employees' Pension Plan, providing for compliance with the Internal Revenue
Code; providing for a savings clause; providing for severability; providing for codification and
providing for an effective date. City Attorney Goren read T02322 by title into the record.
Commissioner Gomez seconded by Commissioner Placko moved approval of T02322 on
second reading. Mayor Dressler opened the Public Hearing and with no one wishing to
speak, closed the Public Hearing. Motion passed unanimously (5-0)
PASSED ON FIRST READING JUNE 10, 2015
PASSED ON FIRST READING JUNE 24, 2015
ORDINANCE NO. 0-2015-09
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1
1
12. OTHER:
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 10.31 a.m.
Af
Patricia Teufel, C
City Clerk
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arty ffessler, Mayor
REGULAR COMMISSION MEETING June 24, 2015