HomeMy WebLinkAbout2013-05-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, MAY 8, 2013
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 7:03 p.m. on Wednesday, May 8, 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 and Commissioner Diane Glasser were in attendance.
ABSENT: Commissioner Patricia Atkins -Grad.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and Interim City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Vice Mayor Dressler led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of May
2013 as "Just Drive Month". (Requested by Mayor Beth Talabisco)
b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming May 18, 2013 as
"National Kids to Parks Day". (Requested by Parks & Recreation Director Greg Warner)
c. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of May 19 -
23, 2013 as "Emergency Medical Services Week". (Requested by Fire Chief Mike Burton)
d. Presentation by Mayor Beth Talabisco of Certificates of Graduation to the Sixth Graduating
Class of Tamarac University - May 2013: Eunice Brown, Lisa Butler, Aelkin Cadagan, Ruby
Crane, Herbert Daley, Melvin Dubin, Brenda Edwards-Fung, Sandy Ehrlich, Julie Fishman,
Diane Friedman, Sandra Griffin, Shaheewa Jarrett, Lorena Jativa, Jacqueline Lekacz,
Pamela LeMelle-Gray, Judith Miller, Tara Piatek, Esty Schleifer, Barry Shapiro, Kathleen
Stubbolo, Avril Wattley, Charlotte Williams, Earl Williams.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Welcomed former TU alumni to the meeting; attended a Broward
League of Cities meeting last week on behalf of Mayor Talabisco; visited Challenger
Elementary Art Exhibit at the Community Center and encouraged people to stop by and view
the fantastic art display. Commissioner Bushnell said that the Broward County Commission
passed the funding of the E911 consolidated system yesterday, which is good news, and
thanked everyone who has worked on this issue over the past two years. Commissioner
Bushnell invited people to attend the Relay for Life event on May 17th & 18th at Millennium
Middle School. Commissioner Bushnell wished Mayor Talabisco and Commissioner Glasser
a Happy Birthday.
b. Commissioner Atkins Grad: Absent.
Page 1 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
c. Commissioner Glasser: Attended a recent University Hospital Board meeting and said that
with all the improvements that have already been made and future improvements, University
Hospital is going to be one of the best hospitals in Broward County. Commissioner Glasser
said she attended the District 4 Neighborhood meeting last week; retirement reception for
Margate Commissioner Joe Varsalone who served Margate for 20+ years and the Tri-City
Classic Car Parade on April 28tn
d. Vice Mayor Dressler: Wished both Mayor Talabisco and Commissioner Glasser a Happy
Birthday and thanked the Mayor and Commission and staff for the wonderful presentations at
the District 4 Neighborhood meeting on May 1st
Vice Mayor Dressler said he would like to address Consent Agenda item 6 (g) TR12336 —
Renewal of Auditing Services which was discussed at the workshop on Monday. Vice Mayor
Dressler said he felt that having an audit company for 10 to 13 years is too long. Vice Mayor
Dressler thanked staff for the detailed data he received that addressed the issue and he is
prepared to vote yes on the item. However, he asked for staff's assurance that in three years
it would go out for an RFP as he believed it would be in the best interest of the City. Mayor
Talabisco also thanked staff for the information regarding auditing services, agreed with Vice
Mayor Dressler and said she will also vote in favor of this item. Vice Mayor Dressler said he
would like to discuss this further at the next financial update workshop as it is a legitimate
issue that needs to be discussed.
e. Mayor Talabisco: Said she received a letter from Volunteer Florida regarding a
proclamation that we did a few months ago for the first Mayor's Day of Recognition for
National Service and it said that 832 Mayor's officially recognized the work that AmeriCorps
and Senior Corps volunteers do to make cities better and stronger.
Mayor Talabisco said that after the workshop on Monday she did some research on the
history of "Pickleball" and said she supports staff looking into adding courts at Mainlands
Park. Mayor Talabisco invited people to attend the Relay for Life Event on May 17tn & 181n at
Millennium Middle School. Mayor Talabisco reported that Commissioner Bushnell attended a
recent Broward League of Cities meeting installing the new president, Councilmember Susan
Starkey from Davie. Mayor Talabisco also encouraged people to go and view the Challenger
Elementary student artwork at the Community Center.
Mayor Talabisco reported that Hubie Klombers, who just turned 90, is in rehab and he
expects to be released with the next 10 days and is anxious to get back into the swing of
things. Mayor Talabisco attended the Chamber of Commerce's monthly breakfast last
Thursday at the Woodmont Country Club where she was invited to speak about Mission
United. Many members signed up for more information, offer to do pro bono work and
sponsor a veteran's team at the Turkey Trot. Mayor Talabisco acknowledged the members
of Tamarac's Wellness Committee who are doing a fantastic job of providing information
about wellness programs to get healthy and stay healthy and encouraged staff to participate.
Mayor Talabisco thanked everyone for their well wishes on her 60tn Birthday and said that
serving on the Commission for the last 10 years has been the best and most rewarding
experience.
Page 2 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
Vice Mayor Dressler added that based on his recent experience, it is important the Wellness
Committee educates the employees about what it costs to go to Urgent Care.
3. CITY ATTORNEY REPORT: Reported that the Governor signed two bills that will have an
impact on Tamarac and its officials; Chapter 2013-36 which effects changes to Chapter 112
regarding ethics and Chapter 2013-37 which makes changes to the state election code. City
Attorney Goren briefed the Commission on both bills and said that his office will provide the
Commission with more details on these and several other bills in a written memorandum.
Commissioner Bushnell asked about the 8 hours of ethics training required for this year and
City Attorney Goren responded that on June 21, 2013 the Broward League of Cities will be
hosting a four hour conference on ethics and their objective is to change the format to make it
more interesting. City Attorney Goren said his law firm and other firms have issued multiple
opinions over the past year and they will take all the opinions from the panel members and
put them into a format where we ask questions and make it a Q & A session. City Attorney
Goren encouraged everyone to attend the session on June 21 st
Commissioner Bushnell asked if the bill banning the use of cell phones and texting while
driving had passed and City Attorney Goren said yes SB52 passed and it is effective October
1, 2013. City Attorney Goren said there is also a bill that passed regarding red light cameras
which they will discuss with staff in more detail as it appears the state law is reverting back to
a local hearing process that was initiated in Pembroke Pines when they had Chapter 162
violations, which are code violations, for red light camera violations. Vice Mayor Dressler
suggested that the topic on the ethics of disclosures regarding conflicts of interest would be
an interesting topic to be discussed at the upcoming meeting.
4. CITY MANAGER REPORT: Wished the Mayor and Commissioner Glasser a Happy
Birthday. City Manager Cernech said that all the District Neighborhood meetings have
concluded, however, as a result of a mailing snafu they will be redoing the District 3 meeting
on May 29t" at Kings Point.
City Manager Cernech said there was a conversation at the workshop on Monday regarding
auditing services and it was a good and relevant policy discussion. We did some research on
that issue and going forward we will make sure that we will be prepared to do an RFP
process when the time comes and as requested by Vice Mayor Dressler we will have this on
the agenda for discussion at the next quarterly financial update.
City Manager Cernech said the Broward County Commission passed the funding for the
consolidated regional E911 system and it was a big win for the County. City Manager
Cernech thanked Fire Chief Mike Burton for the good job he has done representing Tamarac
and the Fire Chief's Organization on this issue over the last two years.
City Manager Cernech said staff will be asking the Commission to extend the Zoning in
Progress for another 45 days as we have had positive conversations and feedback from the
telecommunications industry and hopefully we will arrive at a solution acceptable to
everyone.
Page 3 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
City Manager Cernech said at the workshop on Monday there was a discussion regarding
Pickle Ball courts for Mainlands Park and said staff will take a look at what will be required to
do that in the current phase of construction and will get back to the Commission with that
information.
City Manager Cernech said he attended the Tamarac Chamber of Commerce breakfast last
week. The event was extremely well attended and it was good to see so many people
involved and supporting the Chamber as they have worked very hard to increase
membership which provides a great outlet for the Tamarac business community as well as
businesses from surrounding communities. The City has always been a strong supporter of
the Chamber and it is important to acknowledge the good work of the Chamber. City
Manager Cernech noted that Mayor Talabisco was a guest speaker and she talked about
Mission United and said she received tremendous support for sponsoring veterans in the
Turkey Trot. City Manager Cernech asked Assistant City Manager Phillips and Parks &
Recreation Director Warner to look into a special veteran's rate for registering so that
businesses wanting to sponsor a veteran will get a break in the registration fee.
City Manager Cernech noted that there is activity at the Sabal Palm project and the developer
is very close to beginning construction on the homes. The developer is still dealing with
issues with the School Board and as soon as the homes get built, the sooner everything will
get cleaned up. The developer is now in the process of cleaning up the canals re -sodding the
canal banks and installing new irrigation.
City Manager Cernech thanked Jim Twigger and Mike Gresek for the good work they did on
facilitating Tamarac University this year and added that this was a great opportunity for Jim
and Mike to showcase their talents.
City Manager Cernech advised we have been working on our economic development efforts
and we are continuing to work aggressively with the Broward Alliance on relocating new
business to the Tamarac Commerce Park and other commercial venues throughout
Tamarac. City Manager Cernech said he will have more good news for the Commission in
the next two to six weeks about some success we are having with the Alliance in bringing
new business and investment to Tamarac.
City Manager Cernech reported that Tamarac will be hosting an upcoming Broward MPO
workshop to discuss future transportation needs for the next 25 years. The workshop will be
held on May 15th from 4:00 p.m. to 8:00 p.m. at the Community Center and asked people to
RSVP by calling 954-876-0045. Upcoming events: There will be a Concert on the Green at
Colony West Country Club on Friday, May 10th from 7:00 p.m. to 9:00 p.m.; Mother's Day
Brunch at the Community Center on Saturday, May 11th from 11:30 a.m. to 1:00 p.m., fee is
$5 per person and there will be a "Spring Into a Healthy You" health fair at the Community
Center on Saturday May 18th from 9:00 a.m. to 12:00 p.m. Past Events: Spring Bash Swim
Party on April 27th was attended by 400 participants and the Tamarac Teen Summit on April
27th had 85 participants.
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and with no one
wishing to speak, closed Public Participation.
Page 4 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
6. CONSENT AGENDA: Mayor Talabisco asked if there were any changes/additions to the
Consent Agenda. City Manager Cernech responded TR12344 — Zoning in Progress - is being
added to the Consent Agenda as item 6(i).
Vice Mayor Dressler seconded by Commissioner Glasser moved approval of the addition of
TR12344 — Zoning in Progress — to the Consent Agenda as Item 6(i). City Attorney Goren
read TR12344 by title into the record. Motion passed unanimously (4-0).
Commissioner Bushnell seconded by Commissioner Glasser moved approval of the Consent
Agenda as amended to include TR12344 — Zoning in Progress — as item 6(i). Motion passed
unanimously (4-0).
a. Approval of the April 15, 2013 Special Commission Meeting Minutes: APPROVED
b. Approval of the April 24, 2013 Regular Commission Meeting Minutes: APPROVED
c. TR12330 - Park Place @ Woodmont Delegation Request/ Fee Refund: A Resolution of the
City Commission of the City of Tamarac, Florida, authorizing a refund of $1,500.00 submitted
by Howard Jablow, P.E., of AJ Hydro Engineering, Inc. Designated Agent for the property
owner, Lago Tamarac, LLC., for a Delegation Request application fee, collected in
conjunction with the Park Place at Woodmont project (Case No. 7-MI-13); providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-37
d. TR12333 - Six Cent Local Option Gas Tax: A Resolution of the City Commission of the
City of Tamarac, Florida authorizing the appropriate City Officials to execute the 2013
Amendment to Interlocal Agreement between Broward County and City of Tamarac providing
for division and distribution of the proceeds of the Six Cent Local Option Gas Tax imposed by
the Broward County Local Option Gas Tax Ordinance; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2013-38
e. TR12334 - Additional Local Gas Tax: A Resolution of the City Commission of the City of
Tamarac, Florida authorizing the appropriate City Officials to execute the 2013 Amendment
to Interlocal Agreement between Broward County and City of Tamarac providing for division
and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on
Motor Fuel Ordinance; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2013-39
f. TR12335 - Fifth Cent Additional Gas Tax: A Resolution of the City Commission of the City
of Tamarac, Florida authorizing the appropriate City Officials to execute the 2013
Amendment to Interlocal Agreement between Broward County and City of Tamarac providing
for division and distribution of the proceeds from the Broward County Fifth Cent Additional
Local Option Gas Tax on motor fuel for transit; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2013-40
Page 5 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
g. TR12336 - Renewal of Auditing Services: A Resolution of the City Commission of the City
of Tamarac, Florida authorizing the appropriate City Officials to amend the original agreement
between the City of Tamarac and GLSC & Company, PLLC, for annual auditing services to
extend the agreement for fiscal years ending on September 30, 2013, September 30, 2014
and September 30, 2015 respectively, for an annual not to exceed cost of $102,000;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-41
h. TR12316 - RFP 12-17R - Design -Build of Mainlands Park: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
award RFP #12-17R and execute an agreement with DiPompeo Construction Corporation for
the design/build of Tamarac Mainlands Park for an amount not to exceed $1,348,485; a
contingency amount of $134,000 will be added to the project account for a total project
budget of $1,482,485; providing for an additional appropriation to fund the project budget;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-42
i. TR12344 - ZONING IN PROGRESS: A Resolution of the City Commission of the City of
Tamarac, Florida, extending by forty five (45) days the period of Zoning in Progress initiated
by the City Manager's Amended Administrative Order dated December 19, 2012, and
confirmed and ratified by Resolution No. 2013-05, and extended by City Resolution Number
2013-25, said Order and Resolution declaring a Zoning in Progress and prohibiting the
issuance of building permits, engineering permits, or development orders for the installation
of or siting of any wireless communications facility as defined under Section 365.172, Florida
Statutes, in any public Rights -of -Way, or in any Residential Zoning District within the City of
Tamarac, Florida; authorizing and directing the City Manager to continue study and review of
the City's regulations regarding the same, and to review and consider the comments of
stakeholders affected by proposed revisions to the City Code; providing that upon the
adoption of this resolution no permits shall be issued within the affected areas during the time
period covered by this resolution; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2013-43
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" Motion to adopt an Ordinance of the City
Commission of the City of Tamarac, Florida; on first reading 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. Commissioner Bushnell seconded by Commissioner Glasser moved to
table TO2278 for first reading to time within the 45 day extension of the Zoning in Progress.
City Attorney Goren read TO2278 by title into the record. Motion passed unanimously (4-0).
ITEM TABLED TO A TIME WITHIN THE 45 DAY EXTENSION OF THE ZONING IN
PROGRESS.
Page 6 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting
10. ORDINANCE(S) - SECOND READING:
a. 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. Commissioner Bushnell seconded by Commissioner Glasser moved approval of
TO2277 on second reading. City Attorney Goren read TO2277 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 (4-0)
PASSED ON FIRST READING APRIL 24, 2013
PASSED ON SECOND READING MAY 8, 2013
ORDINANCE NO. 0-2103-06
b. TO2279 - Amending Chapter 5.6 Telecommunications of the Code of Ordinances: An
Ordinance of the City Commission of the City of Tamarac, Florida, 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 TO2279 on second reading. City Attorney Goren read TO2279
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 (4-0)
PASSED ON FIRST READING APRIL 24, 2013
PASSED ON SECOND READING MAY 8, 2013
ORDINANCE NO. 0-2103-07
11. QUASI-JUDICIAL HEARING(S):
a. T02281-Park Place @ Woodmont — Rezoning: An Ordinance of the City Commission of
the City of Tamarac, Florida, amending prior zoning of certain real estate property otherwise
known as Park Place at Woodmont from B-3 (General Business District) to R-3 (Low Density
Multi -Family Residential District), for the property located at or around the southwest corner
Page 7 of 8 REGULAR COMMISSION MEETING MAY 8, 2013
of Pine Island Road and NW 77 Street (Parcel A, I.C. Plat, according to the Plat thereof as
recorded in Plat Book 130, Page 35 of the public records of Broward County, Florida); (Case
No. 2-Z-13); providing for amendment to the official zoning map to reflect such change;
providing for conflicts; providing for severability; and providing for an effective date. Vice
Mayor Dressler seconded by Commissioner Bushnell moved approval of T02281 on first
reading. City Attorney Goren read T02281 by title into the record. City Attorney Goren went
over the Quasi -Judicial proceedings and Interim City Clerk Teufel swore in all affected
parties.
Community Development Director Bramley appeared and gave a presentation. Attorney Rod
Finer appeared on behalf of the applicant and said that the developer met with the Board of
Calico Country and they unanimously approved the project. Mr. Finer stated that the
developer had heard about a petition being circulated by a homeowner regarding the
negative impact the development would have and as a result sent letters to the homeowners
but they never heard anything back about a petition. City Attorney Goren asked Mr. Fine to
disclose who was at the meeting from the development company and Mr. Finer introduced
Jordan Klemow. Ms. Bramley and Mr. Finer responded to questions and concerns from the
Commission. Vice Mayor Dressler suggested that since Park Place would not have a pool or
a clubhouse Mr. Finer should contact Woodmont Country Club regarding possible use of their
facilities. Mayor Talabisco asked Mr. Finer to reach out to the Calico Country Board regarding
co -use of the children's park that is west of the proposed development.
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 MAY 8, 2013
12. OTHER
There being no further business
adjourned the meeting at 8:48 p.m.
Patricia Teufel, CIV
Interim City Clerk
to come before the City Commission, Mayor Talabisco
Beth Talabisco, Mayor
Page 8 of 8 REGULAR COMMISSION MEETING MAY 8, 2013