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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 Page 1 of 7 REGULAR COMMISSION MEETING June 24, 2015 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 Page 2 of 7 REGULAR COMMISSION MEETING June 24, 2015 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. Page 4 of 7 REGULAR COMMISSION MEETING June 24, 2015 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). Page 5 of 7 REGULAR COMMISSION MEETING June 24, 2015 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 Page 6 of 7 REGULAR COMMISSION MEETING June 24, 2015 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 Page 7 of 7 - i - lqj2L arty ffessler, Mayor REGULAR COMMISSION MEETING June 24, 2015