HomeMy WebLinkAbout2011-09-28 - City Commission Regular Meeting Minutes1
CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, SEPTEMBER 28, 2011
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to
order at 9:00 a.m. on Wednesday, September 28, 2011 in City Commission Chambers,
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Pamela Bushnell, Vice Mayor Michelle J. Gomez, Commissioner Marion
Swenson, Commissioner Diane Glasser and Commissioner Harry Dressler.
ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel S. Goren and
City Clerk Peter M. J. Richardson.
PLEDGE OF ALLEGIANCE: Mayor Pamela Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming October 3 - 7,
2011 as "Customer Service Week". (Requested by Sterling Team #3 - Customer and
Market Focus)
b. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming
September 16 - 17, 2011 as "Spirit of Freedom Days". (Requested by
Mayor Pamela Bushnell)
c. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming the month of
October 2011 as "The Greater Tamarac Chamber of Commerce Month". (Requested
by Community & Economic Affairs Officer Andy Berns)
2. CITY COMMISSION REPORTS:
a. Commissioner Swenson:
Expressed best wishes for a Happy Rosh Hashanah.
Extended best wishes for a happy birthday to Commissioner Dressler.
b. Vice Mayor Gomez:
Extended Happy New Year wishes to persons of all persuasions.
Requested, and received, a moment of personal privilege, to request that applicable persons
have realistic expectations about the timeliness of responses to e-mail communications.
Page 1 of 9 REGULAR COMMISSION MEETING September 28, 2011
c. Commissioner Glasser:
Noted that she had recently attended the Broward League of Cities Growth Management
meeting in Lauderhill and the Relay for Life organizational meeting in Tamarac.
Also made note that she had recently attended a meeting with North Broward Hospital District
staff and other interested parties to review available facilities and services for elderly and
minority residents.
Noted that she had attended a grand opening of a new medical office building last night at the
intersection of University Drive and McNab Road.
Extended best wishes for a Happy New Year to all.
d. Commissioner Dressler:
Expressed best wishes for a happy, healthy and prosperous New Year to all, regardless of
faith.
Noted that he had attended the meeting of the Northwest Council of Elected Officials last
Monday, September 12th, along with representatives from several municipal governments in
Northwest Broward County. He stated that the primary topic of discussion was the ethics
ordinance being proposed by the Broward County Board of Commissioners. Commissioner
Dressler said that both Commissioner Glasser and City Attorney Goren had played vital roles
in the review of potential changes to the Broward County Ethics Code.
Made note that he had recently attended the Broward League of Cities Fiscal Stewardship
Committee meeting relative to how cities manage their finances. Commissioner Dressler
thanked Mayor Bushnell for her involvement with the Fiscal Stewardship Committee, and for
serving in her capacity as the City Commission's delegate to the Broward League of Cities.
Expressed grateful appreciation to the Mayor and his fellow City Commissioners, and City
staff, for all of their efforts to make Tamarac the best city possible, with high customer service
satisfaction, in spite of fiscal constraints.
e. Mayor Bushnell:
Expressed appreciation to City staff for their high level of very competent and thorough staff
work throughout the recent budget public hearing process and related meetings.
Noted that she attended a reception recently for Tamarac resident Dr. Abraao deAlmeida,
honoring his fifty years of writing. Mayor Bushnell said Dr. de Almeida was delightful and it
was her honor to attend the community reception, to recognize Dr. deAlmeida for writing
more than one hundred books.
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Page 2 of 9 REGULAR COMMISSION MEETING September 28, 2011
Stated that it had been her honor to attend a ribbon cutting last night for the new Medco office
building at McNab Road and University Drive, including an appearance by former baseball
all-star Darryl Strawberry. Mayor Bushnell said Mr. Strawberry offered quite an inspiring
story about his life, including turning from addictions to a very successful career as an
entrepreneur.
Requested that citizens try to treat their elected officials with the same level of respect and
courtesy as elected officials displayed to citizens.
3. CITY ATTORNEY REPORT:
Mr. Goren introduced Jennifer Menetti, a former State Prosecutor, noting that she had
recently joined his firm as an associate.
Mr. Goren also provided an update on the status of the Broward County Ethics Code. Mr.
Goren said that the Broward County Board of Commissioners had set a public hearing
relative to the proposed ethics code on Tuesday, October 11th. Mr. Goren noted that some
existing inconsistencies in the proposed Ethics Code had been discussed with Broward
County Attorney Drew Meyers during a recent conference call, including: (1) proposed third
party income disclosure reporting requirements for local elected officials, (2) permissibility of
lobbying activities of local elected officials and (3) the ability of local elected officials to raise
money for charitable organizations. Mr. Goren noted that the Broward County Commission
would make the ultimate decisions relative to the proposed Broward County ethics ordinance
and related potential effects on local elected officials. Mayor Bushnell thanked Mr. Goren
and Commissioner Glasser for their efforts on behalf of the City of Tamarac relative to the
Broward County Ethics Code matter.
4. CITY MANAGER REPORT:
Mr. Cernech expressed best wishes for a Happy Rosh Hashanah to all. Mr. Cernech noted
that City staff would be bringing an item to the City Commission in the near future to
potentially cancel the second meetings in November and December 2011. Mr. Cernech also
thanked Mr. Goren for all of his good work to date on the proposed Broward County Ethics
Code. He also expressed appreciation to Commissioner Glasser for her efforts relative to
extensive review of the Ethics Code matter.
Noting that the City's budget had been adopted last week by the Mayor and City
Commissioners, Mr. Cernech stated that the merger between the Public Works and Utilities
operations was underway, including a review of the management structure. Mr. Cernech
said that he was fortunate to have had the opportunity to attend a meeting last week with
State Representative Gwyndolen Clarke -Reed, who represents some residents of the City of
Tamarac. Mr. Cernech said that Representative Clarke -Reed had congratulated the City of
Tamarac for being recognized by Forbes Magazine as one of the 25 Top Suburbs for
Retirees in the United States. Mr. Cernech also stated that Kaboom had also recently named
the City of Tamarac as a Playful City for the second time.
Page 3 of 9 REGULAR COMMISSION MEETING September 28, 2011
Mr. Cernech said that the City of Tamarac was partnering with University Hospital to offer 200
free flu shots to Tamarac residents and City employees on a first -come, first -served basis,
with the date and time of the event to be announced. Mr. Cernech also reported that over
three hundred persons attended the second annual Play Day event at Tamarac Park, with
many fun and healthy activities for children and adults alike. He also said that the Parks and
Recreation Department held a well -received dance for fourth through sixth graders last Friday
night.
5. PUBLIC PARTICIPATION:
Joe Schreiber, 10504 East Clairmont Circle, stated that the City of Tamarac did not need to
purchase the land occupied by the Colony West Golf Course.
6. CONSENT AGENDA: Mayor Bushnell asked City Manager Cernech whether there were
any changes/additions to the Consent Agenda. City Manager Cernech said item 6 0)
TR12099 was being pulled for discussion. Vice Mayor Gomez moved, seconded by
Commissioner Glasser, to approve the consent agenda as revised, excepting Item 6j, as
previously referenced. The motion was approved unanimously (5-0).
a. APPROVAL OF THE SEPTEMBER 14, 2011 REGULAR COMMISSION MEETING
MINUTES:
APPROVED
b. APPROVAL OF THE SEPTEMBER 21, 2011 SPECIAL CITY COMMISSION MINUTES:
APPROVED
c. TR12077 - BSO PERMIT FOR SPECIAL DETAILS FY2012: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
execute a Broward Sheriff's Office Permit Application for Special Details for police services to
be used by the Parks and Recreation Department in an amount not to exceed $55,680 in
FY12; approving funding from the appropriate Parks and Recreation accounts; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-103
d. TR12082 - NSP1 OVERAGE ACKNOWLEDGEMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, acknowledging that a household in the City's
Neighborhood Stabilization Program ("NSP1") received more than the maximum allocation of
funding, confirming that the City has taken the necessary administrative action to address the
issue in order to ensure compliance with the City's Action Plan, providing for conflict,
providing for severability, and providing for an effective date.
RESOLUTION R-2011-104
e. TR12083 - 2011 TASTE OF TAMARAC WAIVER OF FEES AND INKIND SUPPORT: 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 Taste of
Tamarac Event to be held at the Tamarac Community Center on Saturday, October 29, 2011,
from 11:30 a.m. to 3:30 p.m.; providing for permits, proper insurance, and execution of a hold
Page 4 of 9 REGULAR COMMISSION MEETING September 28, 2011
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harmless agreement; providing for conflicts; providing for severability; and providing for an
effective date. RESOLUTION R-2011-105
f. TR12087 - MEMORANDUM OF AGREEMENT WITH BROWARD COUNTY - BUSINESS
RECOVERY CENTER: A Resolution of the City Commission of the City of Tamarac, Florida,
approving and authorizing the proper City Officials to execute the Memorandum of
Agreement between the City of Tamarac and Broward County to provide mutual coordination
and assistance by and through business recovery centers in the event of an emergency or
disaster; effective on the date of last signature of both parties and shall continue in full force
and effect until midnight October 31, 2015 ; a copy of the Memorandum of Agreement is
attached hereto as Exhibit "A"; providing for conflicts; providing for severability; providing for
an effective date.
RESOLUTION R-2011-106
g. TR12092 - MERCHANT CREDIT CARD SERVICES: A Resolution of the City Commission
of the City of Tamarac, Florida, authorizing the appropriate City Officials to award and
execute an Agreement with Elavon, Incorporated for the provision of Merchant Credit Card
Processing Services providing for a term of four (4) years with one (1) additional one (1) year
renewal term; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2011-107
h. TR12095 - BSO LOGISTICS WAREHOUSE SUPPLY PURCHASE AGREEMENT: A
Resolution of the City Commission of the City of Tamarac, Florida, authorizing the Fire
Rescue Department to purchase medical supplies and firefighting supplies from Broward
County Sheriff's Office, Fire Rescue Division Logistics Warehouse during FY12 and FY13, in
an amount not to exceed one hundred thousand ($100,000.00) dollars annually; authorizing
the appropriate City officials to execute a Liability Waiver for the purchases; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-108
i. TR12098 - FARMER'S MARKET: A Resolution of the City Commission of the City of
Tamarac, Florida, to acknowledge and approve a community farmers market within an S-1
(Recreational District) zoning district in keeping with Section 24-308 of the Code of
Ordinances of the City of Tamarac, Florida (Case No. 21-MI-11); providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2011-109
j. TR12099 - ULLOA PAY-OFF REQUEST. PULLED FOR DISCUSSION
k. TR12089 - ILA WITH NORTH LAUDERDALE FOR PROVISION OF FLEET
MAINTENANCE AND REPAIR SERVICES: A Resolution of the City Commission of the City
of Tamarac, Florida, approving two (2) Interlocal Agreements between the City of Tamarac
and the City of North Lauderdale providing for fleet maintenance and repair services for the
North Lauderdale Fire Department and for the North Lauderdale Public Works Department;
authorizing the appropriate City Officials to execute said Agreements and take all steps
Page 5 of 9 REGULAR COMMISSION MEETING September 28, 2011
necessary to effectuate the intent of the Resolution; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-110
I. TR12094 - WNID BOARD OF DIRECTOR APPOINTMENTS: A Resolution of the City
Commission of the City of Tamarac, Florida appointing Joel Davidson and reappointing Ed
Brown to serve on the Board of Directors of the Woodlands Community Neighborhood
Improvement District; providing for conflicts; providing for severability; providing for an
effective date.
RESOLUTION R-2011-111
City Attorney Goren read TR12099 into the record.
j. TR12099 - ULLOA PAY-OFF REQUEST: A Resolution of the City Commission of the City
of Tamarac, Florida, authorizing the appropriate City officials to accept an amount no less
than three -thousand six hundred and 00/100 dollars ($3,600) in consideration of issuing a
satisfaction in favor of Martha Ulloa with respect to the City's Homeowner Rehabilitation
Program Deferred Payment Loan Agreement and Promissory Note related to property
located at 4607 NW 48 Street, Tamarac, Florida; authorizing the appropriate City officials to
execute and deliver documents necessary and consistent with the intent of this resolution,
providing for conflict; providing for severability; and providing for an effective date.
Community Development Director Bramley said that consistent with City Commission
direction at Monday's workshop meeting, City staff had contacted applicable parties to
request that the pay-off amount be $10,000.00, rather than $3,600.00. Ms. Bramley said that
the realtor had informed City staff that this was not acceptable to Ms. Ulloa, Commissioner
Dressler inquired about City staff's recommendation on this matter. Ms. Bramley said staff's
recommendation was to request that the property owner pay $10,000.00 to the City of
Tamarac as a pay-off for the short sale. Vice Mayor Gomez noted that both Ms. Ulloa and
Mr. Ulloa owned the property and were both obligated on debt to the City of Tamarac.
Commissioner Dressler moved, seconded by Vice Mayor Gomez, to approve TR12099, as
amended, to accept an amount of no less than $10,000.00, relative to the release of the
subject mortgage and the City Commission retaining the right to pursue the recovery of the
funds provided to Martha Ulloa and Juan Ulloa, pursuant to the terms of the promissory note
executed by Martha Ulloa and Juan Ulloa as part of the City's Homeowner Rehabilitation
Program for the property. The motion, as amended, was approved unanimously (5-0).
RESOLUTION R-2011-112
7. REGULAR AGENDA:
a. TR12096 - ACE WASTE SETTLEMENT AGREEMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the Settlement Agreement with Ace
Waste Services, LLC, and authorizing the appropriate Officials to execute the Settlement
Agreement with Ace Waste Services, LLC, resolving the litigation Ace Waste Services, LLC
v. City of Tamarac pending in the Circuit Court of the Seventeenth Judicial Circuit, Case
Number 10-22554 (14); providing for conflicts; providing for severability; and providing for an
Page 6 of 9 REGULAR COMMISSION MEETING September 28, 2011
effective date. City Attorney Goren read TR12096 into the record. Commissioner Dressler
moved, seconded by Vice Mayor Gomez, to approve TR12096. City Attorney Goren
provided a brief overview of the proposed settlement agreement. The motion was approved
unanimously (5-0). RESOLUTION R-2011-113
b. TR12086 - COLONY WEST ACQUISITION: A Resolution of the City Commission of the
City of Tamarac, Florida, approving the purchase and sale agreement with Edward Rack
Corporation, a Florida Corporation; authorizing the appropriate City Officials to execute the
purchase and sale agreement between the City of Tamarac and Edward Rack Corporation
for the City to purchase real property located within the City of Tamarac; providing for
authorization for the appropriate city officials to execute any and all documents necessary to
close the transactions consistent with the purchase and sale agreements and the
assignments of the purchase and sale agreements; providing for funding; providing for
conflicts; providing for severability; and providing for an effective date. City Attorney Goren
read TR12086 into the record. Community and Economic Affairs Officer Berns gave a
presentation.
Mayor Bushnell opened the public hearing to receive comments from interested parties. The
following Tamarac residents spoke in favor of the matter: Diane Taylor, 9551 Stanley Lane;
Larry Torn, 4500 King Palm Drive; Leroy Brown, 6017 NW 89th Ave. and Barry Shapiro, 9070
Lime Bay Blvd.
Ellis Donsky, 7715 Southampton Terrace, stated that the Colony West Golf Course could
continue operation as a golf course or a number of other potential uses in the future.
Vice Mayor Gomez moved, seconded by Commissioner Swenson, to approve TR12086. The
motion was adopted unanimously (5-0).
RESOLUTION R-2011-114
8. ORDINANCE(S) — FIRST READING:
a. TO2228 - CODE AMENDMENT - CHAPTERS 14 & 24: An Ordinance of the City
Commission of the City of Tamarac, Florida amending Chapter 24, Article V entitled "Off -
Street Parking and Loading" and Chapter 14, Article II entitled "Motor Vehicles and Traffic" of
the Code of Ordinances of the City of Tamarac, Florida, providing for codification; providing
for conflicts; providing for severability; and providing for an effective date. City Attorney
Goren read TO2228 into the record. Vice Mayor Gomez moved, seconded by Commissioner
Swenson, to approve TO2228 on first reading. Planning & Zoning Manager Frank Zickar
made staff's presentation and responded to questions from the Mayor and City
Commissioners. The motion was approved unanimously (5-0).
PASSED ON FIRST READING SEPTEMBER 28, 2011
9. PUBLIC HEARING(S): There were no Public Hearing item(s) scheduled for this morning's
meeting.
10. ORDINANCE'S) —SECOND READINGS:
Page 7 of 9 REGULAR COMMISSION MEETING September 28, 2011
a. T02227 - SOLID WASTE FRANCHISE AGREEMENTS: An Ordinance of the City
Commission of the City of Tamarac, Florida approving and authorizing the appropriate City
Officials to execute amendments to the Commercial Solid Waste Franchise Agreements with
current Commercial Solid Waste Franchisees Ace Waste Services, LLC, Choice
Environmental Services of Broward, Inc., Waste Services of Florida, Inc., FSR Transporting &
Crane Services, Inc., Republic Services of Florida, L.P. D/B/A All Service Refuse, Southern
Waste Systems, LLC, for an additional period up to and including October 27, 2013; providing
for severability; providing for conflicts; providing for an effective date. City Attorney Goren
read T02227 into the record. Vice Mayor Gomez moved, seconded by Commissioner
Dressler, to approve T02227 on second reading. Mayor Bushnell opened the public hearing
and with no one wishing to speak closed the public hearing.
The motion was approved unanimously (5-0)
PASSED ON FIRST READING SEPTEMBER 14, 2011
PASSED ON SECOND READING SEPTEMBER 28, 2011
ORDINANCE NO. 0-2011-13
Mayor Bushnell called for a recess at 11:35 a.m. and the meeting resumed at 11:50 a.m. with
all parties referenced at the commencement of the meeting in attendance.
b. T02231 - REPEAL OF FIREARMS REGULATIONS: An Ordinance of the City Commission
of the City of Tamarac, Florida, repealing Part II, Chapter 15, Article III, Section 15-84 and
Part II, Chapter 13, Section 13-10 of the City's Code of Ordinances relating to firearms;
providing for consistency with Chapter 2011-109, Laws of Florida, which preempts firearm
laws and regulation to the state; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Goren read T02231 into the
record. Commissioner Glasser moved, seconded by Vice Mayor Gomez, to approve T02231
on second reading. Mayor Bushnell opened the public hearing and with no one wishing to
speak, closed the public hearing. The motion was approved by a vote of 4-1, with
Commissioner Dressler voting "no".
PASSED ON FIRST READING SEPTEMBER 14, 2011
PASSED ON SECOND READING SEPTEMBER 28, 2011
ORDINANCE NO. 0-2011-14
11. QUASI-JUDICIAL HEARING(S): City Attorney Goren read TR12090 and TR12091 into
the record as they are companion items. City Attorney Goren further stated that TR12090
and TR12091 would be voted on individually after staff's presentation.
a. TR12090 - CHASE BANK - MAJOR REVISED SITE PLAN: A Resolution of the City
Commission of the City of Tamarac, Florida, granting New Redevelopment Site Plan approval
for the Chase Bank project to allow for the redevelopment of the former Steak and Ale
Restaurant site into a bank facility with a proposed square footage of 4,288 square feet, for
the property located on the northeast corner of West Commercial Boulevard and NW 64
Avenue at 6399 West Commercial Boulevard (Case No. 14-SP-11); providing for conditions
of approval; providing for conflicts; providing for severability; and providing for an effective
date.
Page 8 of 9 REGULAR COMMISSION MEETING September 28, 2011
b. TR12091 - CHASE BANK LIMITED PARKING & LANDSCAPE WAIVER: A Resolution of
the City Commission of the City of Tamarac, Florida, granting Limited Parking Waiver
approval to allow a stacking distance of ninety-three (93) feet for the bank drive-thru lanes in
lieu of the required one hundred (100) foot stacking distance and approval of a Landscape
Waiver to allow a berm three (3) feet in height within a landscape buffer in lieu of the required
berm six (6) feet in height for the Chase Bank project for the property located at 6399 West
Commercial Boulevard, (Case No. 6- Z-11); providing for conditions of approval; providing for
conflicts; providing for severability; and providing for an effective date.
Planning & Zoning Manager Zickar made City staff's presentation relative to TR12090 and
TR12091 and addressed Vice Mayor Gomez's concerns regarding ingress and egress and
noted that he would follow-up on Mayor Bushnell's suggestion regarding a potential left turn
arrow at the intersection of NW 64th and 57t" Streets.
Vice Mayor Gomez moved, seconded by Commissioner Glasser, to approve TR12090. The
motion was adopted unanimously (5-0).
RESOLUTION R-2011-116
Vice Mayor Gomez moved, seconded by Commissioner Glasser, to approve TR12091. The
motion was adopted unanimously (5-0).
RESOLUTION R-2011-116
12. OTHER: There being no further business to come before the Commission, Mayor
Bushnell adjourned the meeting at 12:15 p.m.
LL VS 7
Pamela Bushnell, Mayor
Peter M. J. Ric" fTrdson, CRM,'CMC
City Clerk
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Page 9 of 9 REGULAR COMMISSION MEETING September 28, 2011