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HomeMy WebLinkAbout2013-06-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JUNE 262 2013 CALL TO ORDER: Mayor Talabisco called the regular meeting of the 9:01 a.m. on Wednesday, June 26, 2013 in City Commission Chambers, 88th Avenue, Tamarac, FL 33321. City Commission to order at Tamarac City Hall, 7525 NW 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 Cernech, Assistant City Attorney Julie Klahr and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Patricia Atkins -Grad led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Talabisco proclaiming the month of July 2013 as "Parks & Recreation Month". (Requested by Parks & Recreation Director Greg Warner) b. Presentation of a proclamation by Mayor Talabisco proclaiming the week of June 24 - 28, 2013 as "Code Enforcement Officers' Appreciation Week". (Requested by Code Enforcement Manager Mark Woods) c. Presentation by Mayor Talabisco of Employee Service Awards: 5 - Year Awards: Peyton Whitfield, Neighborhood Revitalization Officer, Community Development; Cathy Jones, Procurement Coordinator, Fire Rescue; Matthew Boyer, Firefighter Paramedic, Fire Rescue; Jorge Orbeta, Firefighter Paramedic, Fire Rescue; Mark Paguio, Firefighter Paramedic, Fire Rescue; Rodrigo Castro, Engineer, Public Services; Kelvin Alexander, Groundskeeper I, Public Services; Csaba Banrevy, Groundskeeper I, Public Services; Gerald Robinson, Senior, Wastewater Service Worker III, Public Services 10 - Year Awards: Bernadette Hughes, Management Analyst II, City Manager; Jeanne Marra, Human Resources Analyst, Human Resources; Jason Barrios, Firefighter Paramedic, Fire Rescue 15 - YearAwards: Janie Morris, Senior Customer Service Representative, Finance; William Lewis, Public Works Superintendent, Public Services; Thomas Vreeland, Stormwater Supervisor, Public Services; Robert Lazarou, Parks & Recreation Site Supervisor, Parks & Recreation 20 - Year Award: Marsha Kanterman, Senior Permit Clerk, Building 25 - Year Award: Chet Jablonka, Maintenance Supervisor, Public Services 30 - Year Awards: Jerome Emerson, Firefighter Paramedic, Fire Rescue; Anthony Bouchard, Wastewater Service Worker III, Public Services 2. CITY COMMISSION REPORTS a. Commissioner Bushnell: Thanked the IT department for making arrangements for her to participate in the June 10th Workshop and June 12th Regular Commission meeting via phone while she was on vacation. Commissioner Bushnell reported that she attended the Budget Workshops on June 19th and June 20th and the 4 hour ethics training course on June 21St. b. Commissioner Atkins Grad: Reported that she attended the June 19th and June 20th Budget Workshops; the staff luncheon on June 12th; the North West Council of Elected Officials luncheon and the Woodlands Architectural meeting last night. Page 1 of 7 REGULAR COMMISSION MEETING JUNE 262 2013 c. Commissioner Glasser: Reported that she attended the June 19th and June 20th Budget Workshops and attended the Broward League of Cities Ethics seminar on June 21St. d. Vice Mayor Dressler: Reported that work is continuing on the Woodmont Country Club LUPA and Developer's Agreement and thanked staff for their focus on maintaining a sustainable city. Vice Mayor Dressler said that he has received phone calls from his constituents who have told him how happy and proud they are of the City's Staff and Elected Officials. e. Mayor Talabisco: Reported she attended the budget workshops on June 19th and June 20th and said that over the last ten years this process has been streamlined and since the Commission meets quarterly it is much easier to work through the budget. Mayor Talabisco said she feels they will be able to present the City with forward thinking and sustainable plans for the future and hopefully we are creating a City that people will want to stay in and grow up in. Mayor Talabisco said that there will be a hearing on Thursday at 2:00 p.m. regarding the Atkins -Grad lawsuit. Mayor Talabisco said that Assistant Julie Klahr will be addressing the Resource Recovery Board lawsuit in depth in her report which is being added to the Consent Agenda as item 6(i). Mayor Talabisco said she has been in touch with Mayor Ryan and Mayor Stermer and expressed her thanks on behalf of the Commission for all the work that they have done with regards to this matter. Mayor Ryan was instrumental in resolving the consolidated 911 system and he and Mayor Stermer are spearheading the Resource Recovery Board Dissolution issue. Mayor Talabisco said she spoke with Dorothy Willis, founder of the Tamarac Theatre, who will be moving in with her daughter due to the progression of her Parkinson's' Disease. Mayor Talabisco said the Tamarac Theatre will be having its last run on Friday evening and we are all appreciative of the time that this theatre has operated in Tamarac and it will be missed. Lastly, Mayor Talabisco said that we will be going on a 4 week summer hiatus after the July 10th Commission Meeting. 3. CITY ATTORNEY REPORT: Assistant City Attorney Klahr said that there is an item on today's Consent Agenda as item 6 (i) regarding supporting the Resource Recovery Board litigation. As of last evening the cities of Sunrise, Weston, Hollywood, Ft. Lauderdale, Lauderhill and Lighthouse Point have adopted resolutions to join the lawsuit. The cities of Wilton Manors and North Lauderdale have chosen to wait. Assistant City Attorney Klahr said as discussed at the Workshop on Monday there is the matter of the vacant commercial property adjacent to the Sawgrass Expressway that has accumulated approximately $200,000 in code liens as the City has been maintaining the property. This property is commercial, it is not homesteaded and there are no mortgages on the property. Staff is seeking authorization from the Commission to file a foreclosure action in order for the City to obtain title on said property. Assistant City Attorney Klahr said she will need some form of Motion and authorization and vote to proceed with the foreclosure action. Vice Mayor Dressler seconded by Commissioner Atkins -Grad moved to authorize foreclosure proceedings. Motion passed unanimously (5-0). 4. CITY MANAGER REPORT: City Manager Cernech said that as a result of discussions at the workshop on Monday there were some questions regarding the potential lawsuit against the County over the distribution of Resource Recovery Board (RRB) funds and assets. We also talked about the money that we have received from Waste Management and what we were due from the County from the dissolution of the RRB. We have received a check in the amount of $286,000 from Waste Management which is money that was due Tamarac when we re -signed with them for solid waste collection and disposal. Yesterday we received a check for $477,000 from the County for the Page 2 of 7 REGULAR COMMISSION MEETING JUNE 26, 2013 dissolution of the RRB. The County continues to hold tens of millions of dollars in cash and assets on behalf of the RRB and this is what the lawsuit is about. City Manager Cernech said the reason we are recommending joining the lawsuit is because there is much more money to be had. Vice Mayor Dressler said he wants to make it clear that this money belongs to the cities and not the County and we are just looking for our fair share of the money. No one is asking for anything other than what is rightly theirs. Mayor Talabisco said she believes the reward at the end will far out -weigh the cost of the lawsuit. City Manager Cernech reported that the Building, IT, Community Development and Fire Departments have completed the first phase of the implementation for the new online Building Permit Review process and it should be up and running by the end of this year. The City Manager's office has been notified that Tamarac Fire Rescue was awarded an EMS matching grant in the amount of $62,406 which will assist in purchasing three power load units for current Power Pro stretchers and one Power Pro stretcher. Upcoming and past events: Lunch with Uncle Sam & Betsy Ross has been sold out, all 150 tickets were sold for the lunch on June 27th; the free Earth Save Event will take place on Friday, June 28th from 4:30 pm to 8:30 pm at the Community Center, for more information contact Brook Katz at 954- 971-4432; July 4th Celebration will take place on Thursday, July 4th at the Sports Complex from 6:00 pm to 9:30 pm, with the fireworks display beginning at 9:00 pm; there will be a Faces of Cancer Gallery Exhibit throughout the month of July with a reception taking place on July 11 th from 6:00 pm to 8:00 pm at the Community Center and the 501h Anniversary Time Capsule Dedication will take place on Friday, July 19th from 5:30 pm to 8:00 pm at the Community Center. The Parks & Recreation Foundation's 2"d Annual Golf Tournament that took place on June 7th raised $15,000 which will be used to purchase special needs playground equipment. City Manager Cernech reported that for the second year in a row the Public Service's Division received recognition for being among the 'Top 100 Best Fleet' programs by Governmental Fleet Magazine. This year the Fleet Division received a ranking of 29th out of the 'Top 100 Best Fleet' Programs in North America, last year the Division was ranked 461h. Mayor Talabisco said the Faces of Cancer Exhibit was produced by Tamarac's Susan Buzzi who dedicated her work to following individuals in their battle with cancer. Mayor Talabisco said she has seen a lot of people who are 50, 60 and 70 years old actively participating in the many programs provided at the Community Center and thanked Parks & Recreation Director Warner and his staff for providing said programs. Mayor Talabisco announced that City Manager Cernech received a full scholarship to go to Harvard for three weeks to attend the Senior Executives in State and Local Government Program. 5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following individuals spoke: Anthony Russo, 7750 W. McNab Rd., spoke about the accumulation of leaves on the Colony West Country Club adjacent to Concord Village Building #8; Julie Fishman, 7650 Westwood Dr., Chair for the 2013 Relay for Life event said she was pleased to report that the event this year raised $40,000; Patti Lynn, 6411 NW 58th St., asked the Commission during budget preparation to consider opening the parks on holiday Monday's and to reconsider $700 a month car allowances and added that she is a member of the Recall Committee which continues to collect signatures. 6. CONSENT AGENDA: Mayor Talabisco asked if there were any changes/additions to the Consent Agenda and City Manager Cernech responded that as discussed at the Workshop on Monday the following two items were being added to the Consent Agenda; Item 6(h) - TR12363 —One-time Merit Award to City Manager Michael C. Cernech and item 6(i) - TR12374 — Authorizing a lawsuit to be filed against Broward County relating to the distribution of assets of the Broward Solid Waste Page 3 of 7 REGULAR COMMISSION MEETING JUNE 26, 2013 Disposal District. Manager Cernech said that on Ordinances —Second Reading item 10(b) T02285 has been modified from first reading to reference Chapter 2013-160, Laws of Florida, as Governor Scott signed the Bill. City Manager Cernech added that on Quasi -Judicial Hearings Item 11(c) TR12346 has been withdrawn by the applicant. Assistant City Attorney Klahr read TR12363 and TR12374 by title into the record. Vice Mayor Dressler seconded by Commissioner Atkins -Grad moved approval of the Consent Agenda as amended. Motion passed unanimously (5-0). a. Approval of the June 12, 2013 Regular Commission Meeting Minutes — APPROVED b. TR12348 - Tamarac Recreation Leases: A Resolution by the City Commission of the City of Tamarac, finding declaring its intent to enter an agreement with Tamarac Enterprises, Inc., the. Behring Foundation, Tems Association, Inc., Tamarac Lakes North Association, Inc. and Tamarac Lakes South Civic Association, Inc., to deed and release any interest the City might have had in the recreational facilities and properties, in order to give effect to the city's prior resolution numbers R-71- 12, R-77-1771 R-77-187 and R-93-50 to rescind, cancel and terminate any rights and obligations of the City pursuant to the deed restrictions pertaining to Sections 1 and 2 of Tamarac Lakes, the indenture of mortgage, and the agreement dated January 3, 1967, attached hereto as Exhibit "A" and incorporated herein; directing the appropriate City officials to take any and all action necessary to effectuate the intent of this resolution; providing for conflicts; providing for severability and providing for an effective date. RESOLUTION R-2013-56 c. TR12354 - Resolution Approving the Award of RFP No. 13-10R to Ashbritt, Inc. and Crowder Gulf Joint Venture, Inc. for Disaster Debris Removal and Disposal Services: A Resolution of the City. Commission of the City of Tamarac, Florida, approving the Award of RFP No. 13-1OR to Ashbritt, Inc. and Crowder Gulf Joint Venture, Inc. for Disaster Debris Removal and Disposal Services; authorizing the appropriate City Officials- to execute 'Agreements with Ashbritt, Inc. and Crowder Gulf Joint Venture, Inc. for Disaster Debris Removal and Disposal Services; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION R-2013-57 d. TR12355 - Resolution authorizing the use of the Agreement between Southwest Ranches and Sun - Bergeron for Recycling Processing Services: A Resolution of the City Commission of the City of Tamarac, Florida, approving an Agreement with Sun -Bergeron Solid Waste Services Joint Venture providing for Recyclable Material Processing Services utilizing the Agreement between Southwest Ranches and Sun -Bergeron Solid Waste Services Joint Venture; authorizing the appropriate City Officials to execute said Agreement and take all steps necessary to effectuate the intent of the Resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-58 e. TR12352 - Resolution Approving the Award for RFP No. 13-11 R to SAIC for Disaster Debris Monitoring Services: A Resolution of the city Commission of the City of Tamarac, Florida, approving the award for RFP no. 13-11 R to Science Applications International Corporation (SAIC) for Disaster Debris Monitoring Services; authorizing the appropriate City Officials to execute an Agreement with SAIC for Disaster Debris Monitoring Services; providing for conflicts, providing for severability; providing for an effective date. RESOLUTION R-2013-59 f. TR12360 - Grant Application to the Broward Redevelopment Program: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to submit a grant application to Broward County for Broward Redevelopment Program Funds in the amount of $1,500,000 for the Tamarac Village Development Project; providing for an in -kind match through the value of the land and staff hours related to the project in the amount of $1,500,000 in the event of approval of the application; providing for acceptance of the award and execution of documents upon Page 4 of 7 REGULAR COMMISSION MEETING JUNE 26, 2013 legal review and approval; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-60 g. TR12351 - Banking Services Agreement Renewal: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to exercise a Two (2) Year Renewal Option to the Original Agreement between the City of Tamarac and TD Bank, NA, as the City's Depository and provider of Banking Services, and to execute Agreement Amendment #1 effective for the term October 23, 2013 through October 22, 2015; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-61 h. TR12363 — One-time Merit Award to City Manager Michael C. Cernech: A Resolution of the City Commission of the City of Tamarac, Florida authorizing payment of a one-time merit award to City Manager Michael C. Cernech, as set forth in Resolution No. R-2011-04, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-62 i. TR12374 - A Resolution of the City Commission of the City of Tamarac, Florida authorizing a lawsuit to be filed against Broward County relating to the distribution of assets of the Broward Solid Waste Disposal District; waiving the Conflict Resolution Procedures set forth in Chapter 164, Florida Statutes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2013-63 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING a. T02283 - Temporary Housing Ordinance: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 5, entitled "Buildings and Building Regulations," of the City of Tamarac Code of Ordinances by adopting a new article XII, entitled, "Emergency Temporary Housing," to provide for the use of temporary housing during declared housing emergencies; providing for codification; providing for conflicts; providing for severability; providing for an effective date. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of T02283 on first reading. Assistant City Attorney Klahr read T02283 by title into the record. Motion passed unanimously (5-0). PASSED ON FIRST READING JUNE 269 2013 b. T02286 - Flood Prevention and Protection: Motion to adopt an Ordinance by the City Commission of the City of Tamarac, Florida, on first reading amending the City of Tamarac Code of Ordinances by repealing Chapter 8, Sections 8-1 thru Section 8-13, entitled "Flood Prevention and Protection," in its entirety and adopting a new Chapter 8, Sections 1 to 71 adopting Flood Hazard Maps, designating a Floodplain Administrator, adopting procedures and criteria for development in flood hazard areas, and for other purposes; providing for codification; providing for conflict; providing for severability; and providing an effective date. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of T02286 on first reading. Assistant City Attorney Klahr read T02286 by title into the record. Motion passed unanimously (5-0). PASSED ON FIRST READING JUNE 269 2013 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) -SECOND READING: Page 5 of 7 REGULAR COMMISSION MEETING JUNE 26, 2013 a.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. Vice Mayor Dressler seconded by Commissioner Bushnell moved approval of T02278 on second reading. Assistant City Attorney Klahr read T02278 by title into the record. Community Development Director Bramley and Assistant City Attorney David Tolces appeared. Community Development Director Bramley gave staff's presentation (a copy is on file in the City Clerk's Office). Community Development Director Bramley and Assistant City Attorney Tolces responded to a few questions regarding placement of the boxes from the Commission. Mayor Talabisco opened the Public Hearing and the following individuals spoke: Patti Lynn, expressed concern regarding the saturation of wireless service facilities by multiple providers; Melissa Anderson, Counsel for Crown -Castle, asked that an email from Attorney Sue Delegal dated May 20, 2013 and Ms. Anderson's email and letter dated May 25, 2013 be entered into the record and asked the Commission not to pass this ordinance on second reading to allow staff to take into consideration some other issues that have been raised. Mayor Talabisco closed the public hearing. Mayor Talabisco, Vice Mayor Dressler and Commissioner Atkins -Grad said they support this ordinance as amended from first reading. Motion passed unanimously (5-0) PASSED ON FIRST READING JUNE 129 2013 PASSED ON SECOND READING JUNE 269 2013 ORDINANCE NO.0-2013-09 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. Commissioner Glasser seconded by Vice Mayor Dressler moved approval of T02285 on second reading. Mayor Talabisco opened the public hearing and the following individual spoke: Patti Lynn asked if this ordinance will require an additional magistrate to hear challenges to the citations and what the cost is to challenge the citation. Assistant City Attorney Klahr said the legislature authorized up to $250 in court costs, however, staff has not yet determined the amount. Mayor Talabisco closed the public hearing. Motion passed unanimously (5-0). PASSED ON FIRST READING JUNE 129 2013 PASSED ON SECOND READING JUNE 269 2013 ORDINANCE NO.0-2013-10 11. QUASI-JUDICIAL HEARING(S): a. TR12358 - Cradle to Crayons Special Exception: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception petition to allow a daycare use for 'the -Cradle to Crayons Pre-school project with an underlying zoning classification of B-2 ( Planned Community Business District) pursuant to the Permitted Uses Master List, Section 24-434, Tamarac Code of Page 6 of 7 REGULAR COMMISSION MEETING JUNE 26, 2013 1 Ordinances; for the property located at 5341-5343 North State Road 7 (all of Commercial Plaza, according to the Plat thereof, as recorded in the Plat Book 82, Page 50, of the public records of Broward County, Florida) (Case No. 6 - Z -13); providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Dressler seconded by Commissioner Bushnell moved approval of TR12358. Assistant City Attorney Klahr read TR12358 by title into the record, went over the Quasi -Judicial proceedings and Interim City Clerk Teufel swore in all affected parties. Assistant City Attorney Klahr 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 today are now part of the record. Planning and Zoning Manager Frank Zickar appeared and gave staff's presentation (a copy of which is on file in the City Clerk's Office). Latoya Cain appeared on behalf of the applicant. Mr. Zickar and Ms. Cain responded to questions and concerns from the Commission. Motion passed unanimously (5-0). RESOLUTION R-2013-64 b. TR12357 - New Harvest Ministries Church - New Development Site Plan: A Resolution of the City Commission of the City of Tamarac, Florida, issuing Revised Development Order No. 208.3 and granting New Development Site Plan approval (with conditions) for the New Harvest Preparation Ministries Church project, to allow for the development of a 3-story, 23,007 sq. ft. church facility, for the property located at the southeast corner of Rock Island Road and Bailey Road, (specifically all of Parcels B, C, and D of the Lakes of Carriage Hills II, according to the Plat thereof, as recorded in Plat Book 123, Page 7 of the public records of Broward County, Florida) (Case No. 25-SP-11); providing for conditions; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Glasser seconded by Commissioner Bushnell moved approval of TR12357. Assistant City Attorney Klahr read TR12357 by title into the record, went over the Quasi -Judicial proceedings and Interim City Clerk Teufel swore in all affected parties. Assistant City Attorney Klahr 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 today are now part of the record. Community Development Director Jennifer Bramley appeared and gave staff's presentation (a copy is on file in the City Clerk's Office). Mr. Jaime Plana and Pastor Anthony Yorke appeared on behalf of the applicant. Community Development Director Bramley, Mr. Plana and Pastor Yorke responded to questions from the Commission. Motion passed unanimously (5-0). RESOLUTION R-2013-65 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. TABLED FROM THE JUNE 12, 2013 MEETING ITEM WITHDRAWN BY THE APPLICANT 12. OTHER There being ,no further business to come Oefore the adjourned the meeting at 11:44 a.m. Beth Talabisco 11 Ilal IJ 11. VILY VIGin Commission, Mayor Talabisco Page 7 of 7. REGULAR COMMISSION MEETING JUNE 26, 2013