HomeMy WebLinkAbout2013-04-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, APRIL 24, 2013
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 9:02 a.m. on Wednesday, April 24, 2013 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela
Bushnell Commissioner Patricia Atkins -Grad and Commissioner Diane Glasser were in
attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and Interim City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Glasser led the Pledge of Allegiance.
Mayor Talabisco moved out of order on the agenda and introduced Kathleen Cannon, CEO
of United Way of Broward County, who spoke about the "Mission United" Initiative and the
services they provide for returning veterans. Ms. Cannon said that Tamarac is the first city to
join Mission United and thanked the Commission for getting involved. Ms. Cannon said that
Jennifer Lacker, Tamarac's United Way liaison, will be representing Mission United at
Tamarac's Memorial Day Ceremony on May 27t"
Mayor Talabisco moved back into the regular order of the agenda.
1. PROCLAMATIONS AND PRESENTATIONS
a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of May
2013 as "Building Safety Month". (Requested by Chief Building Official/Director Claudio
Grande)
b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 6 -
12, 2013 as "Arson Awareness Week". (Requested by Fire Chief Mike Burton)
c. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 5 -
11, 2013 as "Municipal Clerks Week". (Requested by Interim City Clerk Patricia Teufel)
d. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 4 -
11, 2013 as "National Osteogenesis Imperfecta Week". (Requested by Mayor Beth
Talabisco)
e. Presentation of a proclamation by Mayor Beth Talabisco proclaiming May 1, 2013 as
"Macular Degeneration Awareness Day". (Requested by Mayor Beth Talabisco)
f. Presentation of a proclamation by Mayor Beth Talabisco proclaiming April 22, 2013 as
"Earth Day". (Requested by Mayor Beth Talabisco)
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g. April 2013 Employee Service Awards:
5 - Year Awards: Ramlochan Williams, Groundskeeper 1, Public Services; Rafael Acosta,
Parks & Rec. Site Supervisor, Parks & Recreation; Juan Garces, Recreation Assistant PT,
Parks & Recreation; Luanne Christiano, Systems Specialist, Information Technology
10 - Year Awards: Keisha Lawson, Payroll Coordinator, Financial Services; Rose
Terrelonge, Customer Services Rep. II, Financial Services; Michael Cain, Service Worker
Crewleader, Public Services; Todd Shoats, Aquatic Spray Technician, Public Services;
Vincent Dixon, Recreation Programmer II, Parks & Recreation
15 - Year Awards:
Tederra Sims, Customer Service Supervisor, Financial Services; Michael Annese, Battalion
Chief, Fire Rescue; Melissa Grant, Office Coordinator, Public Services; Dania Maldonado,
Community Services Manager, Parks & Recreation
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Congratulated Keith Glatz on being nominated Vice President of
the National Institute of Government Purchasing. Commissioner Bushnell thanked the Parks
& Recreation Maintenance crew she recently saw assisting a gentlemen with a flat tire.
Commissioner Bushnell said on April 11 to she attended a seminar on Identify Theft; Chamber
of Commerce Breakfast on April 12tn where she met an individual who expressed his
gratitude at being able to come to the US and become a citizen; the U2 by UV concert on
April 12tn; an event at the First Baptist Church, in connection with Volunteer Broward, in
Pompano Beach, where she planted a vegetable garden and hedges and the District 2
meeting on April 17cn
b. Commissioner Atkins Grad: No report.
c. Commissioner Glasser: Attended a meeting at the Aging & Disability Resource Center of
Broward County where, because of the lack of funding, they discussed how to raise money to
continue to provide the programs they offer and said that Tamarac has contributed to that
agency for years. Commissioner Glasser mentioned upcoming projects in Tamarac;
Mainlands Park, new housing developments and new businesses opening.
d. Vice Mayor Dressler: Attended the Broward County Commission Meeting yesterday
regarding the E911 consolidation and was pleased that Broward County Commission
Gunzberger now supports a county -wide and county funded regional 911 communications
system. Vice Mayor Dressler expressed his relief as this is in the best interests of the
residents of Broward County. Vice Mayor Dressler attended a WPOA meeting on April 22nd
where he talked about the proposed development at Woodmont and the decision that the
Commission reached at the April 15tn Special Commission Meeting to transmit the LUPA and
commented that he received positive feedback from the community.
e. Mayor Talabisco: Said she also attended the District 2 meeting on April 17tn and thanked
staff for helping the Commission when they are out and about in the community and
commented on how involved the residents of Tamarac are in their City. Mayor Talabisco
spoke of the events in Boston and Texas last week. Mayor Talabisco said the Tamarac
Chamber of Commerce will be hosting a breakfast meeting at the Woodlands Country Club
Page 2 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013
on Thursday, May 2nd at 7:30 a.m. and she will be speaking about Mission United. Mayor
Talabisco spoke about an article in the Life Style section of Sunday's edition of the Sun
Sentinel and said that Gilda's Club of South Florida in partnership with the B Ocean Hotel will
be hosting a rappelling fund raising event on April 27th and said that City Attorney Goren,
along with his wife and daughter and Assistant City Attorney Jacob Horowitz, will be
rappelling down the front of the hotel.
3. CITY ATTORNEY REPORT: City Attorney Goren said he appreciated the commentary
with regard to Saturday and he is looking forward to it and added that a lot of other
community leaders are participating on Friday as well for a very good cause. City Attorney
Goren commented that what happened yesterday regarding the E911 issue did not happen
by accident. There were a certain number of city managers that were personally and directly
involved with the analysis and evaluation that went into the I Board's recommendation. There
were several managers, including Mike Cernech, who were deeply familiar with a very
complicated topic which had many moving parts, including financial, communications that
were not that clear, as well as the MSTU. Mr. Cernech was acutely aware of those issues
and he made a significant investment of time to get us to a better place where we are this
morning. City Attorney Goren congratulated Mr. Cernech and his staff, including Diane
Phillips and Chief Mike Burton, who worked diligently and collectively to get to the conclusion
arrived at yesterday.
City Attorney Goren said that on June 21, 2013 the Broward League of Cities will be hosting
a four hour conference on ethics. This will be unlike the prior sessions as they are trying to
mix it up for those that need to take the course credits. This will get individuals four hours of
credit and the Broward League of Cities will be getting a brochure out shortly. City Attorney
Goren reported that the League has a new Executive Director, Mary Lou Tighe, who started
yesterday and he will be meeting her sometime in the next few days.
4. CITY MANAGER REPORT: Reminded everyone that registration for Summer Camp is
underway and packets are available at the Recreation and Community Centers. All campers
must be 5 yrs. old on or before September 1, 2013. Camp runs from 6/17 to 8/9/13 from 7:30
a.m. to 6:00 p.m. at Tamarac Park. City Manager Cernech said space is limited and some
camps are filling quickly.
City Manager Cernech reported on the following upcoming events: Spring Bash Swim Party
on Saturday, April 27th from 12:00 p.m. to 4:00 p.m. at the Caporella Aquatic Complex the fee
is $4 for adults and $3 for children; Tamarac Teen Summit on Saturday April 27th from 9:00
a.m. to 1:00 p.m. at the Community Center cost is $5; Tri-City Classic Car Show on Sunday,
April 28th leaving Tamarac Community Center at 10:00 a.m. progressing down Pine
Island/Coral Springs Drive through Coral Springs and ending at the Parkland Equestrian
Center at 8350 Ranch Road, Parkland, this event is in celebration of the 50th Anniversaries of
Tamarac, Coral Springs and Parkland; Concert on the Green at Colony West Country Club,
featuring the Big City Dogs, on Friday, May 10th from 7:00 p.m. to 9:00 p.m., this is a free
event and the Mother's Day Brunch on Saturday, May 11th from11:30 a.m. to 1:00 p.m. at the
Tamarac Community Center, the fee is $5. City Manager Cernech reported that
approximately 350 attended the April 12th Concert in the Park featuring U2 by UV.
Page 3 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013
City Manager Cernech said that the Community Development Department will be hosting a
free Home Preservation Expo on May 11th from 9:00 a.m. to noon at the Tamarac Recreation
Center and there will be a Broward County Business Forum held on May 14, 2013 from 6:30
p.m. to 8:30 p.m. to network and discuss business planning, healthcare, social media and
workforce issues. The meeting will be held at the Tamarac Community Center, 8601 W.
Commercial Blvd., Tamarac, FL, 33321.
City Manager Cernech said that at the Special Meeting on April 15th there were a lot of
comments made re the LUPA and some of the concepts associated with it as well as some
questions about the golf course condition and said that Community Development will take
those into account as the project moves forward. Mr. Cernech said concerns were raised
regarding layout of new portion of the golf course and advised that we will be working with
PGA professionals to make sure that the design and layout is workable so that when this
comes back to the Commission we know it will work.
City Manager Cernech said that yesterday the Broward County Commission voted down the
MSTU and ILA and that Commissioner Gunzberger changed her position and is supporting
the ad valorem funding. The Broward County Commission finally realized they had the $17
million in their budget to fund the system. City Manager Cernech said with Broward County
funding the three PSAP's this resolves some issues we would have had with BSO. Ultimately
this took a lot of time, but it ended well and in the best interests of the residents of Broward
County who deserve the best 911 system in the country.
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following
individuals spoke: Patti Lynn, 6411 NW 58th St., commended staff on the work they have
done on the Telecommunications ordinance; expressed her displeasure that Commissioner
Atkins did not have a report; said there is an empty lot on 61St St. which could be used as a
community garden and asked Commissioner Atkins -Grad to resign. Sharon Baron, 4709
Woodlands Blvd., commended Public Services staff for the maintenance of Woodlands Blvd.;
said they turned over the recall petition containing 1,351 signatures over to the City Clerk's
Office on Monday afternoon and acknowledged the recall petition volunteers.
6. CONSENT AGENDA: Mayor Talabisco asked if there were any changes/additions to the
Consent Agenda. City Manager Cernech responded there were no changes to the Consent
Agenda; however, item 8(a) on Ordinances — First Reading, TO2278, Telecommunications
Ordinance, would be tabled, by a motion and vote, to the May 8th Commission meeting as
discussed at the workshop on Monday. City Manager Cernech also said that there would be
no action taken on item 8 (d) on Ordinances — First Reading, TO2280, MSTU, as it is moot.
Vice Mayor Dressler seconded by Commissioner Glasser moved approval of the Consent
Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the April 10, 2013 Regular Commission Meeting Minutes
APPROVED
b. TR12315 - Resolution approving the assignment of the City's Continuing Engineering
Services Agreement from C3TS to Stantec Consulting Services, Inc.: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
Page 4 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013
accept assignment of an Agreement for consulting firms to provide Professional Continuing
Services awarded to Corzo, Castella, Carballo, Thompson, Salman, P.A. to Stantec
Consulting Services, Inc. In accordance with the provisions of the original Agreement,
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-33
c. TR12325 - Adopt Revised Oct 2012 Broward County LMS: A Resolution of the City
Commission of the City of Tamarac, Florida supporting and adopting the Broward County
October 2012 Multi -Jurisdictional Local Mitigation Strategy; providing for conflicts; providing
severability; and providing for an effective date.
RESOLUTION R-2013-34
d. TR12327 - Awarding Bid No. 13-08B for the Construction of Phase III of the Citywide
Culvert Headwall Installation Project A Resolution of the City Commission of the City of
Tamarac, Florida, awarding Bid No. 13-08B to and approving an Agreement with Ray
Qualmann Marine Construction, Inc. for the construction of Phase III of the Citywide Culvert
Headwall Installation Project, in accordance with Bid No. 13-08B for a contract amount of
$425,554.00; a contingency in an amount of $63,833.00 will be added to the project account,
for a total project budget of $489,387.00; authorizing an expenditure from the appropriate
accounts; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-35
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a.TO2278 - Telecommunication Ordinance - Amending Article IX, Chapter 24
"Telecommunications Towers and Antennas": An Ordinance of the City Commission of the
City of Tamarac, Florida; amending Article IX, Chapter 24 entitled "Telecommunications
Towers and Antennas" of the Code of Ordinances of the City of Tamarac, Florida, as
amended, and to regulate personal wireless service facilities in the public rights -of -way;
containing a repealer provision, a severability clause, and providing for an effective date. Vice
Mayor Dressler seconded by Commissioner Atkins -Grad moved to table TO2278 for first
reading to the May 8, 2013 Regular Commission Meeting. Motion passed unanimously (5-
0).
ITEM TABLED TO MAY 8, 2013 REGULAR COMMISSION MEETING
b. TO2277- 1_11-Light Industrial District Code Amendment: An Ordinance of the City
Commission of the City of Tamarac, Florida, to amend the City's Light Industrial District
regulations by specifically amending Chapter 24, Article III, District Regulations, Division 23,
Light Industrial District, Section 24-529 (a), "Impervious Area and Outside Storage" of the
Code of Ordinances of the City of Tamarac, Florida, for the purpose of modifying the
maximum impervious area from 60 percent to 80 percent of gross lot area; providing for
codification; providing for conflicts; providing for severability; and providing for an effective
date. Vice Mayor Dressler seconded by Commissioner Atkins -Grad moved approval of
TO2277. City Attorney Goren read TO2277 by title into the record. Community Development
Director Bramley appeared and gave a presentation.
Page 5 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013
Motion passed unanimously (5-0)
PASSED ON FIRST READING APRIL 24, 2013
c. T02279 - Amending Chapter 5.6 Telecommunications of the Code of Ordinances: Motion
to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading
amending Chapter 5.6, "Telecommunications" of the Code of Ordinances of the City of
Tamarac by specifically amending Section 5.6-3, entitled "Definitions," to amend certain
definitions and define additional terms associated with communications service providers;
amending Section 5-6-5, entitled "Fees and Payments," to limit this section to fees
chargeable pursuant to Florida Statutes; amending Section 5.6-6 entitled "Reports &
Records," repealing the entire section and retitle to "Reserved"; providing for codification;
providing for conflicts; providing for severability; providing for an effective date. Commissioner
Glasser seconded by Vice Mayor Dressler moved approval of T02279. City Attorney Goren
read T02279 by title into the record. Financial Services Director Mason appeared and gave a
brief overview of the reasons for the change to the ordinance and said this is basically a
housekeeping issue.
Motion passed unanimously (5-0)
PASSED ON FIRST READING APRIL 24, 2013
d. T02280 - Municipal Service Taxing Unit (MSTU): An Ordinance of the City of Tamarac,
Florida, on first reading consenting to be included in a Municipal Service Taxing Unit (MSTU)
for a Consolidated Regional E-911 communications system created by Broward County
Ordinance No. 2013— for the period of one year with the option for continued participation
pursuant to the adoption of a future ordinance; providing for conflicts; providing for
severability; and providing an effective date. There was no action taken on this item.
Motion passed unanimously (5-0)
PASSED ON FIRST READING APRIL 24, 2013
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting.
10. ORDINANCE(S) - SECOND READING:
a. T02273 - Amending Ordinance 2012-21 FY2013 Budget: An Ordinance of the City
Commission of the City of Tamarac, Florida, on amending Ordinance 2012-21, which
amended the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital
Budget, and the Financial Policies for the Fiscal year 2013, by increasing the total revenues
and expenditures by a total of $21,215,673 as detailed in Exhibit A attached hereto; providing
for conflicts; providing for severability; providing for an effective date. Commissioner Bushnell
seconded by Commissioner Atkins -Grad moved approval of T02273. City Attorney Goren
read T02273 by title into the record.
Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing.
Motion passed unanimously (5-0)
PASSED ON FIRST READING APRIL 10, 2013
Page 6 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013
PASSED ON FIRST READING APRIL 24, 2013
ORDINANCE NO. 0-2013-04
b. TO2276 - Stormwater Assessment: An Ordinance of the City Commission of the City of
Tamarac, Florida, amending Chapter 22, entitled "Utilities," Article VI, entitled "Stormwater
Management Utility," to authorize the collection of the Stormwater Management Utility Fee
("fee") using the Uniform Assessment Collection Act, Section 197.3632, Florida Statutes
("Act"); specifically amending Section 22-252, entitled "Definitions," to amend certain
definitions and define additional terms associated with the collection of the fee using the
provisions of the act; amending Section 22-255, entitled "Billing, Payment, Penalties and
Enforcement" to provide for the collection of the fee using the act and that the billing
provisions of this section shall be an alternative to using the act; amending Section 22-256,
entitled "Adjustment of Fees" to limit this section to fees collected by means other than the
act; creating Sections 22-258 through Section 22-268 to be collectively referred to as the City
of Tamarac Stormwater Utility Fee Uniform Assessment Collection Act Ordinance to establish
the procedures for notice and adoption of the annual stormwater management utility fee roll
and for correcting errors and omissions, provide that the fees constitute a lien on assessed
property upon adoption of the Stormwater Management Utility Fee R, establish procedures
and methods for the collection of stormwater assessments, and establish the priority of the
stormwater management utility fee lien over prior recorded liens or mortgages; providing for
severability; providing for conflicts; providing for codification; and providing for an effective
date. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of TO2276.
City Attorney Goren read TO2276 by title into the record.
Mayor Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing.
Motion passed unanimously (5-0)
PASSED ON FIRST READING APRIL 10, 2013
PASSED ON FIRST READING APRIL 24, 2013
ORDINANCE NO. 0-2013-5
11. QUASI-JUDICIAL HEARING(S):
a. TR12329 - Walmart Major Revised Site Plan: A Resolution of the City Commission of the
City of Tamarac, Florida, granting major revised site plan approval to allow for the demolition
of 75,000± square feet of leasable area at the existing Baby Love Plaza, and the construction
of a 41,180± square foot Wal-Mart market store with a drive -through pharmacy for the
property located at the northwest corner of NW 88th Avenue and McNab Road, specifically
6921 NW 88th Avenue (a portion of the Florida Fruit Farms Land Company's Subdivision No.
2 of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Pages 102 of
the public records of Palm Beach County, Florida); (Case No. 32-SP-12); providing for
conflicts; providing for severability; and providing for an effective date. Vice Mayor Dressler
seconded by Commissioner Atkins -Grad moved approval of TR12329. City Attorney Goren
read TR12329 by title into the record.
City Attorney Goren went over the Quasi -Judicial proceedings and Interim City Clerk Teufel
swore in all affected parties.
Page 7 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013
Commissioner Glasser, Vice Mayor Dressler, Mayor Talabisco, Commissioner Bushnell and
Commissioner Atkins -Grad revealed ex parte conversations with representatives of the
applicant as follows: Commissioner Glasser — Susan Motley and Michelle A. Belaire; Vice
Mayor Dressler — did not meet with applicant's representatives; Mayor Talabisco — Susan
Motley and Michelle A. Belaire; Commissioner Bushnell — Susan Motley and Michelle A.
Belaire; Commissioner Atkins -Grad — Susan Motley and Michelle A. Belaire.
Community Development Director Bramley appeared and gave a presentation. Attorney
Susan Motley appeared on behalf of the applicant. Community Development Director
Bramley and Ms. Motley responded to questions and concerns from the Commission. Ms.
Motley noted that Tamarac Fire Rescue had expressed an interest in using the building for
training purposes before it is demolished and said that the owner is willing to let TFR use the
building and added that Walmart recently instituted a policy of focusing on hiring vets. All
were in agreement that this project will be of significant benefit to Tamarac and its residents.
City Attorney Goren said that all documentation submitted and oral testimony have been
entered into the record and are part of the record for today's meeting.
Mayor Talabisco opened the public hearing and the following individuals spoke: Sharon
Baron, 4709 Woodlands Blvd., expressed her concern regarding cart corrals and Patti Lynn,
6411 NW 58'h St., expressed her concerns regarding shopping carts, the placement of
dumpsters and delivery hours. With no one else wishing to speak Mayor Talabisco closed
the public hearing
Motion passed unanimously (5-0)
RESOLUTION R-2012-36
12. OTHER
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting at 11:24 a.m.
/�_/ 4 el
Beth Talabisco, ayor
Patricia Teufel, C
Interim City Clerk
Page 8 of 8 REGULAR COMMISSION MEETING APRIL 24, 2013