Loading...
HomeMy WebLinkAbout2013-06-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JUNE 129 2013 CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to order at 7:03 p.m. on Wednesday, June 12, 2013 in City Commission Chambers, Tamarac City Hall, 7525 NW 8eh Avenue, Tamarac, FL 33321 ROLL CALL: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell (via phone) and Commissioner Diane Glasser were in attendance. ABSENT: Commissioner Patricia Atkins -Grad Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Pamela Bushnell led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Legislative Update - Representative Jared E. Moskowitz: Representative Moskowitz rescheduled the Legislative Update to the July 10, 2013 meeting. b. Presentation of Certificates of Appreciation to Dr. Amy Friedman -Phillips and Mr. Joseph J. Del Sordo of the Art Institute of Fort Lauderdale in appreciation of their expertise and commitment to excellence in the production of the City of Tamarac's 50th Anniversary video. 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Thanked the IT Dept. for making arrangements for her to attend the workshop and commission meeting via phone and commended Vice Mayor Dressler for chairing the workshop on Monday. Commissioner Bushnell said despite the dark cloud that is over Tamarac she wants to assure the residents that the City will continue to run professionally and efficiently. Commissioner Bushnell reported that she attended the Memorial Day Ceremony; District 3 Neighborhood Meeting; graduation ceremony at Tamarac Elementary School and the Board & Committee Luncheon. b. Commissioner Atkins Grad: Absent c. Commissioner Glasser: Commissioner Glasser reported that she broke her toe and as a result was not able to attend as many functions as she usually does. However, she did attend the District 3 Neighborhood Meeting, the Board and Committee Luncheon, Memorial Day Ceremony and Senator Jeremy Ring's Town Hall meeting at Kings Point. d. Vice Mayor Dressler: Welcomed everyone to the meeting and ceded his time to Mayor Talabisco. e. Mayor Talabisco: Mayor Talabisco ceded her time to Dr. Cheryl Cendan, Principal of Millennium Middle School who gave a report on the lockdown and bomb scare hoax that occurred at Challenger Elementary and Millennium Middle School on Monday, June 3, 2013. Dr. Cendan said she was very appreciative of the way the situation was handled by both Tamarac Fire Rescue and BSO as well as all the children involved in the evacuation. Dr. Cendan introduced Intern Principal Henry Brown, Assistant Principal Sabrina Elsinger and School Resource Officer Page 1 of 6 REGULAR COMMISSION MEETING JUNE 12, 2013 Deputy DelSol. Mayor Talabisco said the situation was handled beautifully by our first responders, by our educators and staff and everyone went home safely. Dr. Cendan also reported that they won the Exceeding Expectations Award for the State of Florida, they are a Title One School and they beat the accountability reports for reading and math and learning gain. 3. CITY ATTORNEY REPORT: City Attorney Goren reminded the Commission that the Broward League of Cities will be hosting an event on June 21 St from 9:00 a.m. to 1:00 p.m. at the Coconut Creek Community Center which will give 4 hours of ethics credits as required by the Broward County Ethics Code and they will be asking attendees to pre -file questions. City Attorney Goren said that over the past few weeks the Commission has been briefed regarding the allegations pertaining to the Resource Recovery Board which will expire in July. There is a suggestion that there are some funds that are either referred to an unrestricted assets or undistributed assets and there are some cities in the County raising concerns about the distribution of the funds. The Commission received an email indicating that the City of Sunrise retained counsel to file a lawsuit against the County with regard to those assets. The amount of assets discussed thus far range from $15.5 million to $54 million. There will be a meeting on June 19th in the City of Weston and he will report back to the Commission as to the content and direction of the lawsuit and whether or not Tamarac should join the .lawsuit. City Attorney Goren said there is a hearing on June 19th with regard to Motion for Recusal filed in the Patte Atkins -Grad case by the Recall Committee to seek Judge Bowman's removal from the Case. City Attorney Goren said he will be attending that meeting and said the hearing on June 19th will have some bearing on the alleged final hearing that could occur on June 28th. City Attorney Goren said he will continue to provide the Commission with copies of any additional pleadings in this matter. 4. CITY MANAGER REPORT: Tamarac Fire Rescue reports that Firefighters Dan Mariano and Yvette Snell were recognized for performing life-saving care to citizens while off duty. Captain and Lieutenant promotions have been announced: Lieutenants Alisha Regits and David Radzivill have been promoted to Captain; Firefighters Rebecca Cann and Daniel Gutierrez have been promoted to Lieutenant. City Manager Cernech said that Alisha Regits is the first female to be promoted to the rank of Captain. Tamarac Fire Rescue also reports that two new fire rescue vehicles were delivered last month and are now fully operational. City Manager Cernech said that South Florida Business Journal has named Tamarac as a finalist at the 2013 Healthiest Employers Award Celebration on June 6, 2013 and Tamarac ranked 2nd in the Medium (100-499 employees) Company category. The awards program recognizes companies that incorporate healthy practices in their workplaces. The score was based on an on- line assessment tool that measured employee wellness in six categories; culture and leadership, commitment, foundational components, strategic planning, communication, programming and reporting and analysis. City Manager Cernech said that through our efforts more employees are becoming aware of their health risks and the resources to reduce these risks as evidenced by the increase of employees participating in the health assessments and screenings. City Manager Cernech invited people to attend the Father's Day Fishing Tournament on Saturday, June 15th at 9:00 a.m. at the Tamarac Sports Complex, the fee is $5 for residents and $8 for non-residents; Lunch with Uncle Sam & Betsy Ross on Thursday, June 27th from 1:00 p.m. to 3:00 p.m. at the Tamarac Community Center the fee is $5 and is limited to the first 150 people; EarthSave Miami Healthy Vegan Potluck, Movie and Presentation by Holistic Health Counselor Janet McKee, the event is free and will take place on Friday, June 28th from 4:30 p.m. to 8:30 p.m. at the Tamarac Community Center. Page 2 of 6 REGULAR COMMISSION MEETING JUNE 12, 2013 1 City Manager Cernech said the Parks & Recreation Foundation Golf Tournament held on June 7th at Colony West Country Club had 100 participants and the funds raised are for playground pieces for special needs children; the Board and Committee Luncheon on June 5th had 70 people in attendance and the Memorial Day Ceremony on May 2th had approximately 350 people in attendance. 5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following individuals spoke: Chanelle Wright and Joner Sinor, Northeast High SWAT Chapter spoke about Candy Flavored Tobacco Products and asked the Commission to consider passing a resolution banning same; Susan Delegal and Melissa Anderson, Counsel for Crown Castle and Victor Beninate, Counsel for AT&T, spoke about T02278 — Telecommunications Ordinance and asked that staff continue to work with them to tweak the ordinance between now and second reading on June 26, 2013. 6. CONSENT AGENDA: Mayor Talabisco asked if there were any changes/additions to the Consent Agenda and City Manager Cernech responded there were no changes/additions to the Consent Agenda. However, on the dais for item 11(b) on Quasi -Judicial Proceedings — TR12337 — Park Place at Woodmont —New Development Site Plan is an amended Resolution. The Resolution has been amended to add a condition of approval to Section 2 of the Resolution. Commissioner Bushnell seconded by Vice Mayor Dressler moved approval of the Consent Agenda as presented. Motion passed unanimously (4-0). a. Approval of the April 22, 2013 Regular Commission Meeting Minutes — APPROVED b. TR 12349 - Requesting Approval of Tamarac Law Enforcement Trust Fund (LETF): Expenditures A Resolution of the City Commission of the City of Tamarac, Florida, authorizing an appropriation of $29,875.00 from the State Law Enforcement Trust Fund for the provision of funding the Tamarac Explorer Post and Specialized Training; authorizing the distribution of funds to the Broward Sheriff's Office; providing for conflicts; providing for severability, and providing for an effective date. RESOLUTION R-2013-52 c. TR12347 Award Bid 13-07B for Audio Visual System Replacements: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to execute an agreement between Audio Visual Innovations, Inc. (AVI) and the City of Tamarac to upgrade the audio visual systems in the city hall commission chambers and in conference room 105; authorizing an appropriation for an amount not to exceed $79,501.42; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-53 d. TR12331 - Park Place @ Woodmont / Flex Units: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Flex Unit petition to allow for the future construction of 20 townhouse units on land currently designated as commercial, in accordance with the City of Tamarac's Comprehensive Plan; for the property located at the southwest corner 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. 1-FLX-13); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-54 Page 3 of 6 REGULAR COMMISSION MEETING JUNE 12, 2013 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) -FIRST READING: a. T02282 - Sabal Palm Community Development District — Expansion: An Ordinance of the City Commission of the City of Tamarac, Florida, expanding the boundaries of the Sabal Palm Community Development District; describing the boundaries of the area added to the district and describing the external boundaries of the expanded district; providing for severability; providing for conflicts; and providing an effective date. City Attorney Goren read T02282 by title into the record. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of T02282 on first reading. Community Development Director Bramley appeared and gave a presentation (on file in the City Clerk's Office). Jerry Knight, Esq., appeared on behalf of the owner of the property. Commissioner Bushnell said she is in favor of the expansion. Commissioner Glasser asked how Turtle Run, which is a CDD, working out and Community Development Director Bramley responded that it is working very well. Vice Mayor Dressler said he is in favor of the expansion and asked if the taxing authority of the CDD would have an impact on Tamarac's millage cap and who would audit the CDD and City Attorney Goren said it would have no impact on the millage cap. Mr. Knight said the CDD would be audited annually and conducted by an independent auditor and then submitted to the State of Florida. Mayor Talabisco said she was also in favor of the expansion Motion passed unanimously (4-0) PASSED ON FIRST READING DUNE 129 2013 b. T02285 - Red Light Camera Ordinance Amendment: An Ordinance of the City Commission of the City of Tamarac, Florida; amending Part II of the Code of Ordinances of the City of Tamarac; amending Chapter 2, Article III, Division 2 of the Code of Ordinances to update the definition of "Magistrate" and to authorize the special magistrate to enforce all matters authorized by law; amending and restating Part II, Chapter 14.5, entitled "Tamarac Dangerous Intersection Safety Act" to conform to state law, and to add a new section 14.5-5, to be entitled "Notice of Violation Hearings", to implement 2013 changes in State Law that provide for the City to conduct hearings on notices of violation; providing for severability; providing for codification; providing an effective date. City Attorney Goren read T02285 by title into the record. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of T02285 on first reading. City Attorney Goren said that Financial Services Director Mark Mason and Assistant City Attorney Shana Bridgeman gave a presentation and discussed this item thoroughly at Monday's Workshop. City Attorney Goren said that the Governor signed the bill today and this amendment will bring Tamarac Code into compliance with the statute which becomes effective on July 1st. Motion passed unanimously (4-0) PASSED ON FIRST READING JUNE 12, 2013 c. T02278 - Telecommunications Towers and Antennas Ordinance: 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. City Attorney Goren read T02278 by title into the record. Commissioner Glasser seconded by Vice Mayor Dressler moved approval of T02278 on first reading. Community Development Director Jennifer Bramley appeared and gave a presentation and responded to questions and concerns of the Commission. City Attorney Goren said Ms. Anderson referenced a May 24th letter from Crown Castle and asked her to resend that to the Clerk's Office and to him so it can be Page 4 of 6 REGULAR COMMISSION MEETING JUNE 12, 2013 entered into the record. City Attorney Goren said the City hired outside special counsel to assist the City with the issues involved with the ordinance as this is something quite new and as such we are being careful and considerate of the rights of all parties affected by this decision. Motion passed unanimously (4-0). TABLED FROM THE MAY 8, 2013 MEETING PASSED ON FIRST READING JUNE 129 2013 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 hearing. 11. QUASI-JUDICIAL HEARING(S): City Attorney Goren said 11(a) T02281 and 11(b) TR12337 are companion items and will be presented at the same time but voted on separately. 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 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. b. TR12337 - Park Place at Woodmont — New Development Site Plan: A Resolution of the City Commission of, the City of Tamarac, Florida, issuing Development Order No. 343 and grant new development Site Plan approval for the Park Place at Woodmont project, to allow for the construction of a twenty (20) unit townhouse development, for the property located at the southwest corner of Pine Island Road (NW 88th Avenue) and NW 77th Street (specifically 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. 8-SP-13); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02281 and TR 12337 by title into the record. Commissioner Bushnell seconded by Vice Mayor Dressler moved approval of T02281- Park Place at Woodmont - Rezoning. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of TR12337 Park Place at Woodmont — New Development Site Plan as amended. City Attorney Goren went over the Quasi -Judicial proceedings and Interim City Clerk Teufel swore in all affected parties. City Attorney Goren said that all of the records, documents and other evidence that was presented to both the Development Review Committee and Planning Board and any other documents or issues offered this evening are now part of the record this evening. Planning and Zoning Manager Frank Zickar appeared and gave staff's presentation. Dick Coker, Esquire, appeared on behalf of the applicant. Messrs. Zickar and Coker responded to a few questions from the Commission. Page 5 of 6 REGULAR COMMISSION MEETING JUNE 12, 2013 Mayor Talabisco opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (4-0) — T02281 - Park Place @ Woodmont — Rezoning ORDINANCE NO. 0-2013-08 PASSED ON FIRST READING MAY 812013 PASSED ON SECOND READING JUNE 129 2013 Motion passed unanimously (4-:0) — TR12337 - Park Place at Woodmont — New Development Site Plan as amended. RESOLUTION R-2013-55 c. TR12346 - Hampton Inn Cell Tower - Special Exception: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception petition to allow for the erection of a telecommunication tower and associated support structures for the Hampton Inn project located within a B-2 (Planned Community Business) Zoning District, specifically located at 4499 West Commercial Boulevard (Parcel A of the Wynne Commercial Plat according to the Plat thereof, as recorded in Plat Book 162, Page 43 of the Public Records of Broward County, Florida ) pursuant to Section 24-702 (a) and (b), of the Tamarac Code of Ordinances; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren said staff has requested that this item be tabled to the June 26, 2013 meeting in order to review conceptual drawings that have recently been submitted. City Attorney Goren read TR12346 by title into the record. Vice Mayor Dressler seconded by Commissioner Glasser moved to table TR12346 to the June 26, 2013 meeting. Motion passed unanimously (4-0) ITEM TABLED TO THE DUNE 269 2013 REGULAR COMMISSION MEETING 12. OTHER There being no further business to come before the City Co the meeting at 8:47 p.m. , " „ /",, // -. Z Beth Talabisco, Interim City Cie mmission, Mayor Talabisco adjourned rl� Page 6 of 6 REGULAR COMMISSION MEETING JUNE 1212013