HomeMy WebLinkAbout2011-01-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JANUARY 26, 2011
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission
to order at 9:00 a.m. on Wednesday, January 26, 2011 in City Commission Chambers,
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Talabisco, Vice Mayor Pamela Bushnell, Commissioner
Michelle J. Gomez, Commissioner Diane Glasser and Commissioner Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Julie Klahr and
City Clerk Peter M.J. Richardson.
PLEDGE OF ALLEGIANCE: At Mayor Talabisco's request, City Manager Miller led the
pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a check to the Mayor and Commission by Broward County
Commissioner Stacy Ritter and John Fiore of the Broward Boating Improvement
Program, in the amount of $48,584 for the Veteran's Park Boat Ramp Project
(Requested by Financial Services Director Mark Mason)
b. Presentation of a check by the Mayor, City Commission and Employees of the City of
Tamarac, in the amount of $20,026.12 to the United Way of Broward County,
representing the City of Tamarac's 2010 Employee Campaign total. Accepting on
behalf of the United Way were Jennifer O'Flannery-Anderson, President & CEO, Jason
Burns, Campaign Associate and Celeste Abell, Development Officer. (Requested by
Financial Services Director Mark Mason).
Ms. Jennifer O'Flannery-Anderson presented a plaque of appreciation from United Way
of Broward County to City Manager Miller, expressing grateful appreciation to him for
his long-term support of the United Way.
c. Presentation to the Mayor and Commission of the Florida Section American Water
Works Association 2010 Water Conservation Award for Excellence, Best in Class.
(Requested by Utilities Director Ray Gagnon)
d. Presentation of a Plaque by the Tamarac Chamber of Commerce honoring City
Manager Jeff Miller (Requested by Vicki A. Reid, Executive Director of the Tamarac
Chamber of Commerce)
Mayor Talabisco moved out of the regular order of business to take up the following
items.
Page 1 of 8 REGULAR COMMISSION MEETING January 26, 2011
Presentation of a plaque from Edith Lederberg, Executive Director of the Aging &
Disability Resource Center of Broward County honoring City Manager Miller.
Presentation of a plaque from Anita Fain Taylor, City Manager of Lauderdale Lakes and
President of the Broward City County Manager's Association honoring City Manager
Miller.
Mayor Talabisco moved back into the regular order of business.
e. Presentation of a proclamation by the Mayor and Commission proclaiming January
26, 2011 as "Jeffrey L. Miller Day". (Requested by the Mayor and City Commission)
Mayor Talabisco presented Nancy Miller with a proclamation from the Mayor and City
Commission proclaiming January 26, 2011 as "Nancy Miller Appreciation Day" in the
City of Tamarac.
f. Presentation by Mayor Beth Talabisco of employee service awards:
5-Year Awards: Milagritos Lopez, Permit Clerk, Building; Troy Gies, Budget and
Contracts Manager, Public Works; Oliver Hewitt, Groundskeeper II, Public Works;
Jorge Martinez, Groundskeeper II, Public Works; Lisette Cruz, Transportation Dispatch
Clerk, Parks and Recreation.
10-Year Awards: Michelle Fontanez, Permit Clerk, Building; Kamal Singh, Equipment
Operator II, Public Works.
20-Year Award: Frank Pacious, Groundskeeper II, Public Works.
30-Year Awards: Edward Crupar, Firefighter Paramedic, Fire Rescue; Vincent Sciacca,
Fleet Service Supervisor, Public Works.
2. CITY COMMISSION REPORTS
a. Vice Mayor Bushnell:
Stated that it had been honor to visit and volunteer at a recently opened medical clinic
serving the needs of many residents throughout Tamarac and all of Broward County.
Noted that she was looking forward to Interfaith Community Council event in March and
also greatly enjoyed employee appreciation awards to the applicable recipients earlier in
this morning's meeting.
Stated that she had attended the recent Area Aging and Disability Resource Council
annual awards dinner and had also accepted an award from the Tamarac Chamber of
Commerce to the City of Tamarac, on behalf of Mayor Talabisco.
Extended very best wishes to City Manager Miller upon his forthcoming retirement this
Friday, January 28rn
Page 2 of 8 REGULAR COMMISSION MEETING January 26, 2011
b. Commissioner Gomez:
Noted that she had attended the recent Area Aging and Disability Resource Council
annual awards dinner.
Expressed grateful appreciation to Mr. Miller for his service as City Manager on behalf
of the residents of Tamarac.
c. Commissioner Glasser
Reported that she had recently attended a number of community and homeowners
association meetings throughout the City of Tamarac.
Stated that although she looked forward to working with Mike Cernech as the next City
Manager, she would sorely miss having the opportunity to work with City Manager Jeff
Miller on a daily basis.
d. Commissioner Dressler:
Noted that he had chaired a meeting of the Broward League of Cities By -Laws
Committee yesterday.
Stated that he had attended the most recent meeting of the City of Tamarac's
Investment Advisory Board, and was pleased to report that the City's finances were safe
and secure.
Noting that it had been a pleasure to work with Jeff Miller during his tenure as City
Manager, extended best wishes to Mr. Miller upon his retirement from the City of
Tamarac.
e. Mayor Talabisco:
Noted that she had recently attended the National Conference of Mayors meeting in
Washington, D.C. Mayor Talabisco said she would make a presentation regarding the
NCM Conference at the next City Commission meeting.
Reported that Coral Springs Mayor and Broward League of Cities Board President Roy
Gold was making continued good progress in his recuperation following recent surgery.
Noted that she hoped to be elected as incoming First Vice President of the Broward
League of Cities tomorrow evening.
Expressed grateful appreciation to City Manager Miller for well and ably serving the
citizens of Tamarac.
Page 3 of 8 REGULAR COMMISSION MEETING January 26, 2011
3. CITY ATTORNEY REPORT: Assistant City Attorney Klahr said that she had no
formal report, but stated that it had been a pleasure for herself, Mr. Goren, and his firm,
to collaborate with City Manager Miller over the last six years.
4. CITY MANAGER REPORT: Mr. Miller said that he had no report today.
5. PUBLIC PARTICIPATION:
Angelina Negron, 8408 NW 57th Court, Tree trimming near stop sign on NW 57th Court.
Leonard Hixon, 5505 White Oak Circle, concerns regarding Woodlands Board
Association matters.
Chris Thompson, 8350 NW 471h Street, Generic Depot matter.
Mayor Talabisco moved out of the regular order of business to take up item 11(c) on the
agenda.
11 c. "GENERIC DEPOT" - BUSINESS LICENSE TAX RECEIPT: Action taken by the
City Commission, of the City of Tamarac, Florida permanently revoking the Business
License Tax Receipt of Generic Depot 3, Inc., ("Generic Depot") located at 8225 North
Pine Island Road, Tamarac, Florida, in accordance with Section 12-44 (a) and (b) of the
City of Tamarac Code of Ordinances.
Assistant City Attorney Klahr read the item title into the record of the meeting. Parties
wishing to testify relative to the matter were sworn in by the City Clerk. Michael
Bernstein, representing Mr. Hal Goldman, requested that consideration of the potential
permanent revocation of the Business License Tax Receipt for Generic Depot 3, Inc,
located at 8225 North Pine Island Road, Tamarac, Florida, be deferred for at least six
weeks.
Commissioner Glasser moved, seconded by Commissioner Gomez, to continue the
quasi-judicial hearing relative to this matter to the Wednesday, March 9th, 2011
Tamarac City Commission meeting, commencing at 7:00 p.m., in the City Commission
Chambers. The motion was approved unanimously (5-0).
Mayor Talabisco moved back into the regular order of business on the agenda.
6. CONSENT AGENDA: Mayor Talabisco asked City Manager Miller if there were any
changes to the Consent Agenda. City Manager Miller said that item 6(f) TR11982 on
the Consent Agenda had been revised per discussion at the City Commission
Workshop on Monday, January 24, 2011 to clarify that the modification pertained solely
to Medicare billings. Commissioner Dressler moved, seconded by Commissioner
Gomez to add revised TR11982 to the consent agenda. The motion was adopted
unanimously (5-0).
Page 4 of 8 REGULAR COMMISSION MEETING January 26, 2011
Commissioner Dressler moved, seconded by Commissioner Gomez, to approve the
consent agenda as amended, including revised Item 6f. The motion was approved
unanimously (5-0).
a. APPROVAL OF THE JANUARY 12, 2011 REGULAR COMMISSION MEETING
MINUTES APPROVED AS PRESENTED
b. TR11975 - WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT/BOARD
OF DIRECTORS: A Resolution of the City Commission of the City of Tamarac, Florida
authorizing the removal of Mr. Leonard Hixon from the Board of Directors of the
Woodlands Neighborhood Improvement District and providing for authorization to
advertise for a new member to the Board of Directors; providing for conflicts; providing
for severability; and providing for an effective date. RESOLUTION R-2011-05
c. TR11979 RONALD L. BOOK AMENDMENT #8: A Resolution of the City Commission
of the City of Tamarac, Florida; approving Amendment #8 to the Agreement between
the City of Tamarac and Ronald L. Book, P.A., for Lobbying Services, extending the
Agreement through January 26, 2012, at a cost not to exceed $59,400 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-2011-06
d. TR11973 - AMEND FIRE RESCUE SERVICE FEES: A Resolution of the City
Commission of the City of Tamarac, Florida, amending Resolution R-2008-92;
amending the service fees for Emergency Medical Services; providing for conflicts;
providing for severability; providing for an effective date. RESOLUTION R-2011-07
e. TR11974 - DISASTER RECOVERY INITIATIVE - SUPPLEMENTAL FUNDS-2 ND
AMENDMENT: A Resolution of the City Commission of the City of Tamarac, Florida,
approving and accepting the second amendment to the Interlocal Agreement between
Broward County and the City of Tamarac for Service Area 25 - Single and Multi Family
Hurricane Mitigation in the amount of $593,339.51 providing for funding and
administration of 2005 Community Development Block Grant Disaster Recovery
Initiative from the Florida Department of Community Affairs, attached hereto as Exhibit
"A", authorizing the appropriate officials to take any and all steps necessary to execute
the second amendment and effectuate the present and future intent of this resolution;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-08
f. TR11982 AMENDMENT TO BROWARD COUNTY EMS GRANT: A Resolution of the
City Commission of the City of Tamarac, Florida, amending Resolution R-2010-69;
amending the Broward County and City of Tamarac Emergency Medical Services
County Grant and Agreement; providing for conflicts; providing for severability; providing
for an effective date.
RESOLUTION R-2011-09
Page 5 of 8 REGULAR COMMISSION MEETING January 26, 2011
7. REGULAR AGENDA
8. ORDINANCE(S) -- FIRST READING
a. TO2218 - WOODLANDS SNID AMENDMENT: Motion to adopt an Ordinance of
the City Commission of the City of Tamarac, Florida, on first reading amending
Ordinance No. 2010-14 to allow for the members of the Board of Directors of the
Woodlands Safe Neighborhood Improvement District to be appointed via Resolution;
providing for conflicts; providing for severability; and providing for an effective date.
Assistant City Attorney read the title of TO2218 into the record of the meeting.
Commissioner Dressler moved, seconded by Commissioner Gomez, to approve
TO2218 on first reading. Community Development Director Bramley —made staffs
presentation regarding the matter. The motion was adopted unanimously (5-0).
PASSED ON FIRST READING JANUARY 26, 2011
b. TO2219 - CAPITAL IMPROVEMENT ELEMENT: Motion to adopt an Ordinance of
the City Commission of the City of Tamarac, Florida, on first reading adopting an
amendment to the Capital Improvements Element of the City of Tamarac
Comprehensive Plan in accordance with Chapter 163, Subsection 163.3184 of the
Florida State Statutes concerning a text amendment to establish goals, objectives and
policies; (Case No. 24-MI-10) providing for conflicts; providing for severability; and
providing for an effective date. Assistant City Attorney read TO2219 by title.
Commissioner Dressler moved, seconded by Commissioner Gomez, to approve
TO2210 on first reading, with second and final reading set for February 9, 2011.
Community Development Director Bramley made a brief presentation. The motion to
approve was adopted unanimously (5-0).
PASSED ON FIRST READING JANUARY 26, 2011
9. PUBLIC HEARING(S)
a. TR11976 - TAXABLE REDEVELOPMENT REVENUE NOTE, SERIES 2011 A
Resolution of the City Commission of the City of Tamarac, Florida authorizing the
issuance of a Taxable Redevelopment Revenue Note, Series 2011 in the principal
amount of not to exceed $20,000,000, initially as a revolving line of credit, to finance
and/or refinance the cost of acquisition of real property within the City to be used for
community redevelopment purposes; providing for an automatic conversion to a term
loan on April 1, 2014; making certain findings of public purpose; providing that the note
shall be a limited obligation of the City payable from legally available non -ad valorem
revenues budgeted, appropriated and deposited as provided herein; providing for the
rights, securities and remedies for the owner of the note; for state law purposes,
establishing intent to reimburse from note proceeds the costs of such acquisitions;
Page 6 of 8 REGULAR COMMISSION MEETING January 26, 2011
making certain covenants and agreements in connection therewith; and providing for
severability and an effective date. Assistant City Attorney Klahr read TR11976 by title.
Commissioner Dressler moved, seconded by Commissioner Gomez, to approve the
temporary resolution authorizing the issuance of a Taxable Redevelopment Revenue
Note, Series 2011, in the principal amount not to exceed $20,000,000.00. Financial
Services Director Mason made a brief presentation regarding the proposed
redevelopment revenue note. Commissioner Dressler said that the matter was
discussed in detail at Monday moming's City Commission workshop.
Mayor Talabisco opened the public hearing and with no one wishing to speak, closed
the public hearing.
The motion was approved unanimously (5-0). RESOLUTION R-2011-10
10. ORDINANCE(S) — SECOND READING: There were no items scheduled on
Ordinances(s) — Second Reading
11. QUASI-JUDICIAL HEARING(S)
Assistant City Attorney Klahr said that staff would make a presentation on both items
simultaneously but that the items would be voted on separately. Assistant City
Attorney Klahr read the titles of both TR11980 and TR11981 into the record of the
meeting.
a. TR11980 - KRISPY KREME MAJOR REVISED SITE PLAN: A Resolution of the City
Commission of the City of Tamarac, Florida, issuing Revised Development Order No.
317.1 and granting Major Revised Site Plan approval with conditions to allow for a
modification to an existing stand-alone building for a Krispy Kreme fast food restaurant
with a drive -through facility located within the Sunshine Plaza at4299 West Commercial
Boulevard, (a portion of Tracts 7 and 8 of Fort Lauderdale Truck Farms subdivision of
Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 of
the public records of Broward County, Florida) (Case No. 20-SP-10); providing for
conflicts; providing for severability; and providing for an effective date.
b. TR11981 - KRISPY KREME - SPECIAL EXCEPTION: A Resolution of the City
Commission of the City of Tamarac, Florida, approving a Special Exception to allow for
the operation of a Krispy Kreme Fast Food Restaurant with a drive -through facility to be
located within an existing stand-alone building of Sunshine Plaza, 4299 West
Commercial Boulevard (A Portion of Tracts 7 and 8 of Fort Lauderdale Truck Farms
subdivision of Section 13, Township 49 South, Range 41 East as recorded in Plat Book
4, Page 31 of the Public Records of Broward County, Florida) (Case No. 9-Z-10);
providing for conditions of approval; providing for conflicts; providing for severability;
and providing for an effective date.
Page 7 of 8 REGULAR COMMISSION MEETING January 26, 2011
Planning & Zoning Manager Zickar made staffs presentation regarding both elements
of the applicant's site plan and special exception applications. Janna Lhota, the
applicant's representative, briefly reviewed her client's plans for the proposed Krispy
Kreme site development, including ingress and egress improvements, plantings and
overall circulation matters.
Mayor Talabisco opened the public hearings and with no one wishing to speak closed
the public hearing.
Commissioner Dressler moved, seconded by Commissioner Gomez, to approve
TR11980. The motion was approved unanimously (5-0). RESOLUTION R-2011-11
Commissioner Dressler moved, --seconded by Commissioner Gomez, to approve
TR11981. The motion was approved unanimously (5-0). RESOLUTION R-2011-12
12. OTHER
There being no other business to come before the Mayor and City Commission, Mayor
Talabisco adjourned the regular meeting of the City Commission at 11:22 a.m.
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Beth Talabisco, Mayor
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City Clerk
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Page 8 of 8 REGULAR COMMISSION MEETING January 26, 2011
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