HomeMy WebLinkAbout2011-10-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, OCTOBER 26, 2011
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to
order at 9:07 a.m. on Wednesday, October 26, 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, Assistant City Attorney Julie Klahr and
City Clerk Peter M. J. Richardson.
PLEDGE OF ALLEGIANCE: Commissioner Glasser led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. OCTOBER EMPLOYEE SERVICE AWARDS:
5-Year Awards: Stanley Celenski, Structural Inspector, Building; James Twigger, Systems
and Network Manager, Information Technology
10-Year Awards: Michael Cernech, City Manager, City Manager; Thomas Sheridan, Fire
Division Chief, Fire Rescue; Alisha Pingol, Lieutenant Paramedic, Fire Rescue; Rey Cabal,
Mechanic II, Utilities
20-Year Award: Lillian Pabon, Records Coordinator, City Clerk
25- Year Awards: Denise Krapf, Customer Service Representative II, Finance; Nancy
Wilson, Administrator Coordinator, Parks and Recreation
2. CITY COMMISSION REPORTS:
a. Commissioner Swenson:
Stated that she was looking forward to the upcoming Taste of Tamarac and Halloween
Hoopla events, and invited all interested persons to attend these events. Commended City
staff for having procedures in place to respond to community incidents.
b. Vice Mayor Gomez:
Expressed concurrence with Commissioner Swenson's comments about City staff having
applicable policies and procedures in place to handle a variety of situations in our community.
Noted that she had attended the recent Greater Fort Lauderdale/Broward Alliance Luncheon,
including the recognition of Community and Economic Affairs Officer Andy Berns.
Extended best wishes for a Happy Halloween.
Page 1 of 7 REGULAR COMMISSION MEETING October 26, 2011
c. Commissioner Glasser:
Noted that she had recently attended a few homeowners association meetings, as well as the
recent meetings of the Area Agency on Aging and the Broward League of Cities. Stated that
she would also be attending the final meeting of the Broward County League of Cities Ethics
Task Force later this week.
d. Commissioner Dressler:
Commended City staff for the high
such as yesterday's situation ai
coordination and use of resoun
professional.
e. Mayor Bushnell:
level of training of first responders to respond to incidents,
the Community Center. He stated that the level of
es by the Fire Department and BSO staff was very
Expressed grateful appreciation to BSO and applicable City staff for their professional
handling and coordination of yesterday's morning's situation at the Community Center.
Extended congratulations to all of the City employees recognized at the recent Employee
Appreciation luncheon for Bravo Awards and other forms of noteworthy achievements.
Congratulated Andy Berns for his recent recognition by the Greater Fort Lauderdale/Broward
Alliance.
Noted that she had very much enjoyed the recent opening of the Tamarac Farmer's Market at
Tamarac Park, and wished the organizers all the very best in the future with this event.
Stated that Commissioner Dressler had a very good neighborhood meeting at the Tamarac
Community Center for the residents of District 4.
Noted that it had been her pleasure to attend a recent open house event held by the Broward
Outreach Center, featuring an overview of the agency's services to the community.
3. CITY ATTORNEY REPORT:
Ms. Klahr stated that the City Attorney's Office had provided copies of a potential zoning in
process ordinance at the dais this evening, for consideration by the City Commission in the
near future.
4. CITY MANAGER REPORT:
Mr. Cernech noted that the recent district community meetings had been very good and
positive, including the receipt of some very valuable feedback from community residents. Mr.
Cernech also stated that the results of the recent employee and customer surveys were quite
good. He said that the City of Tamarac had a culture which tended to attract a higher caliber
of employees to the organization. Mr. Cernech said the existing culture benefitted greatly
Page 2 of 7 REGULAR COMMISSION MEETING October 26, 2011
from the progressive leadership of Mayors, Commissioners and Managers over the past
twenty to twenty-five years.
Mr. Cernech stated that City staff was keeping a watchful eye on the weather system
currently developing in the Western Caribbean for potential future impacts on the South
Florida area.
Mr. Cernech requested that Chief Building Official Claudio Grande present an update on the
City's FEMA Community Rating System (CRS) relative to flood insurance. Mr. Grande said
he was pleased to report that FEMA had issued the City of Tamarac a flood insurance rating
of 6, meaning that City residents would be entitled to receive a flood insurance discount of
20%, effective October 1, 2011, rather than the existing flood insurance discount of 15%. Mr.
Cernech expressed appreciation to Jack Strain, John Doherty, Pat Richardson and Mr.
Grande relative to this matter.
Mr. Cernech reported that 73 Tamarac residents and 57 City employees had received flu
shots at the recent immunization event held at University Hospital. He also stated that 350
shoppers and 20 vendors had participated in the inaugural Tamarac Farmer's Market event
at Tamarac Park. He invited all interested persons to attend the Farmer's Market on the 1st
and 3rd Sundays and 2"d and 4t" Wednesdays of each month, including this evening between
4.30 and 8:30 p.m. Mr. Cernech also said that the Halloween Hoopla event would be held
this Saturday evening between 6:00 and 8:00 p.m. at Tamarac Park, and the Taste of
Tamarac event would take place this Saturday morning at the Community Center, including
participation by Tamarac restaurants and other local businesses. Mr. Cernech also invited
interested persons to attend the annual Veteran's Day recognition event on Friday,
November 11, 2011, beginning at 10:30 a.m., at Veterans' Memorial Park, 7825 Southgate
Boulevard.
5. PUBLIC PARTICIPATION: No speakers signed up to participate in this portion of the
meeting.
6. CONSENT AGENDA: Mayor Bushnell asked Mr. Cernech whether there were any
changes or additions to the Consent Agenda. Mr. Cernech said that there were no changes
or additions to the Consent Agenda. Vice Mayor Gomez moved, seconded by Commissioner
Swenson, to approve the consent agenda as presented. The motion was approved
unanimously (5-0).
a. APPROVAL OF THE OCTOBER 12, 2011 REGULAR COMMISSION MEETING
MINUTES: APPROVED
b. TR 12088 - ACCEPTANCE OF GRANT AWARD FROM FEDERAL MEDIATION AND
CONCILIATION SERVICE LABOR MANAGEMENT GRANT PROGRAM: A Resolution of the
City Commission of the City of Tamarac, Florida, approving and authorizing the proper City
Officials to accept a grant award from the Federal Mediation and Conciliation Service Labor
Management Grants Program in the amount of 142,176,00 to support the City of Tamarac
's
Sterling and high performance efforts and to enhance the City's commitment to efficiency and
Page 3 of 7 REGULAR COMMISSION MEETING October 26, 2011
effectiveness through the purchase of performance management software, providing for a 10
percent cash match of $4,686.00 in local funds for a total project cost of $46,862.00'
providing for the execution of award documents; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-120
c. TR12104 - ST. MALACHY CATHOLIC CHURCH CARNIVAL 2011: A Resolution of the
City Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to
grant a waiver of Business Revenue Licensing Fees in the amount of $1,558.90 and to
extend the hours of operation to 11:00 p.m. on Thursday, November 3, 2011 through
Saturday, November 5, 2011, and on Sunday, November 6, 2011 to 10:00 p.m., and to
approve the sale and consumption of alcoholic beverages for the Saint Malachy Catholic
Church, located at 6200 John Horan Terrace (Northeast Corner of NW 61 st Street and
University Drive) during the operation of the Saint Malachy Catholic Church Annual Carnival
beginning Thursday, November 3, 2011 and ending Sunday, November 6, 2011 Case No.
21-MI-11; providing for conditions of approval; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-121
d. TR12108 - P&R FOUNDATION - MEMBERSHIP INCENTIVES: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the waiver of certain departmental
and facility rental program fees to be provided as in -kind support to the Tamarac Parks and
Recreation Foundation, Inc. for their use in providing membership incentives for those
supporting the foundation; providing for a maximum incentive package value; providing for
review and revision of future incentives; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2011-122
e. TR12100 - MASTER LEASING SERVICES: A Resolution of the City Commission of the
City of Tamarac, Florida, authorizing the appropriate City Officials to Award and Execute a
Tax Exempt Master Leasing Agreement with the Banc of America Public Capital Corporation
for the provision of Master Leasing Services providing for a term of sixty (60) months with
three (3) additional one (1) year renewal terms, providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-123
f. TR12110 - HEALTH INSURANCE RENEWAL — 2012: A Resolution of the City Commission
of the City of Tamarac, Florida, authorizing the appropriate City Officials to renew the
coverage for the City's Health Insurance Program with United Healthcare for Plan Year
effective January 1, 2012; providing for premium rate changes; providing for the continuation
of the existing cost allocation of the Health Insurance premium between the City and
employees; providing for a waiver reimbursement maximum; providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION R-2011-124
g. TR12111 - DENTAL INSURANCE RENEWAL — 2012: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to
Page 4 of 7 REGULAR COMMISSION MEETING October 26, 2011
renew the coverage for the City's Dental Insurance Program with United Healthcare for Plan
Year effective January 1, 2012; providing for the continuation of the existing cost allocation of
the Dental Insurance premium between the City and employees; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2011-125
7. REGULAR AGENDA:
a. TR12093 - SABAL PALM - DELEGATION REQUEST: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the request of Siegel, Lipman, Dunay,
Shepard and Miskel, LLP on behalf of SPL Holdings, LLC and SPL South Holdings, LLC to
amend the note on the Sabal Palm by Prestige plat as recorded in Plat Book 178, Page 71 to
decrease density from 208 single family detached units and 288 townhouse units (496
residential units) to 434 single family units (Case No. 1-P-11). providing for conditions of
approval; providing for conflicts; providing for severability; and providing for an effective date.
Assistant City Attorney Klahr read TR12093 by title. Commissioner Dressler moved,
seconded by Vice Mayor Gomez, to approve TR12093.
Community Development Director Bramley said that since TR12093 and TR12105 are
companion items she would be making a single presentation on both items simultaneously,
however, the applicable resolutions would be voted on separately.
Assistant City Attorney Klahr read TR12105 by title into the record of the meeting. Vice
Mayor Gomez moved, seconded by Commissioner Dressler, to approve TR12105.
b. TR12105 - SABAL PALM - DEED RESTRICTIONS: A Resolution of the City Commission
of the City of Tamarac, Florida, approving the request of Siegel, Lipman, Dunay, Shepard
and Miskel, LLP on behalf of SPL Holdings, LLC and SPL South Holdings, LLC to amend the
Declaration of Restrictive Covenants for Sabal Palm as recorded in official record book
44460, page 1653 (Case No. 25-MI-11); providing for conflicts; providing for severability; and
providing for an effective date.
Community Development Director Bramley made staff's presentation and responded to
questions from the Mayor and Commissioners. Mayor Bushnell asked the applicant's
representative, Scott Backman, if he would like to address the Mayor and Commissioners.
Mr. Backman said it was a pleasure working with staff on these matters and he was looking
forward to bringing the site plan before the Mayor and Commissioners in the near future.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
TR 12093 - Motion was approved unanimously (5-0)
RESOLUTION R-2011-126
TR12105 - Motion was approved unanimously (5-0)
RESOLUTION R-2011-127
Page 5 of 7 REGULAR COMMISSION MEETING October 26, 2011
8. ORDINANCE(S) — FIRST READING:
a. TO2234 - FY 2011 FINAL BUDGET AMENDMENT: Motion to adopt an Ordinance of the
City Commission of the City of Tamarac, Florida, on first reading amending Ordinance 2011-
05, which amended the City of Tamarac Operating Budget, Revenues and Expenditures and
the Capital Budget for the Fiscal Year 2011, by increasing the total revenues and
expenditures by a total of $1,286,489 as detailed in Exhibit A attached hereto; providing for
conflicts; providing for severability; providing for an effective date. Assistant City Attorney
Klahr read TO2234 by title into the meeting record. Commissioner Dressler moved, seconded
by Commissioner Glasser, approval of TO2234 on first reading.
Motion passed unanimously (5-0)
PASSED ON FIRST READING OCTOBER 26, 2011
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting.
10. ORDINANCE(S) — SECOND READING: There were no Ordinance(s) — Second Reading
scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S):
Assistant City Attorney Klahr announced that the Quasi -Judicial items would be heard and
voted on in the following order: Item No. 11 (b) TR12107 — RaceTrac Gas Station — Special
Exception and No. 11 (a) TR12106 — RaceTrac Gas Station — Major Revised Site Plan.
Assistant City Attorney Klahr said that because these items were companion items that
Community Development Director Bramley would be making one presentation on both items
simultaneously; however, they would be voted on separately.
b. TR12107 - RACETRAC GAS STATION - 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 convenience store within the proposed RaceTrac Gas Station for the property
located at 7200 North University Drive (parcel "a", of the "Piccadilly Cafeteria Plat", according
to the Plat thereof as recorded in Plat Book 115, Page 37, of the Public Records of Broward
County, Florida) (Case No. 2-Z-11); providing for conditions of approval; providing for
conflicts; providing for severability; and providing for an effective date. Assistant City Attorney
Klahr read TR12107 by title. Commissioner Swenson moved, seconded by Commissioner
Glasser, approval of TR12107.
a. TR12106 - RACETRAC GAS STATION - MAJOR REVISED SITE PLAN: A Resolution of
the City Commission of the City of Tamarac, Florida, granting Major Revised Site Plan
approval for the RaceTrac Gas Station project to allow for the redevelopment of the existing
vacant Piccadilly Restaurant into a RaceTrac Gas Station and convenience store , for the
property located 7200 North University Drive (Case No. 12-SP-11); providing for conditions of
approval; providing for conflicts; providing for severability; and providing for an effective date.
Assistant City Attorney Klahr read TR12106 by title. Vice Mayor Gomez moved, seconded by
Commissioner Swenson, approval of TR12106.
Page 6 of 7 REGULAR COMMISSION MEETING October 26, 2011
Assistant City Attorney Klahr explained the quasi-judicial proceedings and City Clerk
Richardson swore in all applicable parties relative to the matters. Community Development
Director Bramley made staffs presentation and responded to questions from the Mayor and
City Commissioners. Community Development Director Bramley noted that City staff, as well
as the Planning Board, were recommending the denial of both TR12017 and TR12106.
Mayor Bushnell called for a brief recess at 10:30 a.m. and the meeting resumed at 10.43 a.m.
with all parties in attendance as noted at the beginning of the City Commission meeting.
Cory Hopkins P.E., Engineering Manager for Racetrac Petroleum, the applicant, presented a
brief overview of the proposed project and responded to questions from the Mayor and
members of the City Commission.
Mayor Bushnell opened the public hearing and the following individuals spoke against the
proposed project: Dr. Roberta Arrigo, Secretary of the Board of Directors of Lake Colony;
Noel Rose, Pastor of Eliathah Seventh Day Adventist Church, 7550 N. University Dr., and
Joe Schreiber, 10504 E. Clairmont Circle. With no one else wishing to speak Mayor
Bushnell closed the public hearing element of the item.
Item 11 (b) — TR12107 — RaceTrac Gas Station — Special Exception — the motion failed
unanimously (0-5).
Item 11 (a) — TR12106 — RaceTrac Gas Station — Major Revised Site Plan — the motion failed
unanimously (0-5).
12. OTHER: There being no further business to come before the City Commission, Mayor
Bushnell adjourned the meeting at 11.33 a.m.
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Pamela Bushnell, Mayor
Peter M. J. Ric ardson, CRM, CMC
City Clerk
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