HomeMy WebLinkAbout2013-09-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, SEPTEMBER 25, 2013
CALL TO ORDER: Mayor Talabisco called the special meeting of the City Commission to
order at 9:02 a.m. on Wednesday, September 25, 2013 in City Commission Chambers,
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela
Bushnell, and Commissioner Diane Glasser were in attendance.
Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and
City Clerk Patricia TeufeL
PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of October
2013 as "National Cyber Security Awareness Month". (Requested by Information Technology
Director Levent Sucuoglu)
b. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the week of October
7 - 119 2013 as "Customer Service Week". (Requested by Tamarac's Customer Focus
Employee Team)
c. Presentation of a proclamation by Mayor Beth Talabisco proclaiming September 26, 2013
as "Play Day". (Requested by Parks & Recreation Director Greg Warner)
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell reported that at the final budget hearing
on September 19th the budget was approved and thanked staff for the extensive work that
went into preparing the budget. Commissioner Bushnell thanked the Recall Committee for
their efforts. Commissioner Bushnell said the Broward League of Cities will be having its first
meeting on Public Safety and will bring back information to the Commission on Human
Trafficking. Commissioner Bushnell said she attended the funeral of Ralph Baer, Community
Liaison for Senator Jeremy Ring, and added that she owes him a great debt as it was Ralph
Baer who persuaded her to run for office. Commissioner Bushnell ended by saying that she
also attended the Florida Medical Center 40th Anniversary celebration.
b. Commissioner Glasser: Said over the past two weeks she met with Sheriff Scott Israel to
discuss crime in Tamarac and also met with Congressman Ted Deutch and attended various
meetings and events.
c. Vice Mayor Dressler: Expressed his concern about the Affordable Care Act and the
numerous changes and increases that people will have to pay for health care in Part
B. Vice Mayor Dressler said it is moving away from Copays to Co-insurance and gave the
example of paying $50 for a copay for certain procedures to now having to pay a percentage
of the total cost of the procedure. Vice Mayor Dressler said we will have to watch the impact
Page 1 of 5 COMMISSION MEETING SEPTEMBER 25, 2013
it will have on working people and people living on fixed incomes and added it could mean
that people will be falling below the poverty line and they will need additional social services
help.
d. Mayor Talabisco: Spoke about an article that appeared in the Lifestyle section of the Sun -
Sentinel on Sunday that mentioned Tamarac. Mayor Talabisco said last week she attended
the Mayors Round Table on Climate Change hosted by Broward County Mayor Kristin
Jacobs and added that there were several very interesting speakers including the Director of
Environmental and Land Use Law Clinic at NSU, and Thomas Stroud of SFWMD. Mayor
Talabisco asked staff to prepare an update on our own green initiatives to be discussed at a
future workshop. Mayor Talabisco said she met with Representative Gwyndolen Clarke -Reed
in Tallahassee and felt that it was a very productive meeting. Mayor Talabisco asked City
Attorney Goren to talk about the procedures for interviewing and appointing a District 2
Commissioner on Monday.
3. CITY ATTORNEY REPORT: City Attorney Goren said on Monday we have scheduled
interviews for the applicants thus far for the District 2 vacancy. Based on past practices it
would be appropriate to have the interviews, have a lunch break, and then the Clerk can
schedule a special meeting for the Commission to debate and make a decision that day
subject only to the background check requirement that each applicant has agreed to. This will
enable the Commission to basically move on with the matter and commence with a seated
member in the District 2 seat. This process was approved in the recent past. Mayor Talabisco
asked how many applicants there were and City Clerk Teufel responded three. City Attorney
Goren said there are sequential interviews beginning at 9:00 am for about 45 minutes per
applicant with a 15 minute break. City Attorney Goren said he will be happy to coordinate the
whole process. There was a discussion regarding proceedings on Monday and possible
resolution. City Attorney Goren and City Manager Cernech responded to questions regarding
the nature of the background checks. Commissioner Glasser said she wants time to make a
good decision and Mayor Talabisco concurred. City Manager Cernech said we will schedule
a Special Meeting and advise the Commission of the day and time.
City Attorney Goren updated the Commission on the two Prestige litigation matters currently
pending. City Attorney Goren said each case in which Tamarac has been a party is set for
Motion and he will update the Commission once he knows more about how the court rulings
will be on those cases. City Attorney Goren said the Federal Court decision we have is a
pending motion in Circuit Court to have the Circuit Judge direct payment to the City for fees
that were awarded by the Federal Court Judge.
City Attorney Goren updated the Commission on the Woodmont cases and said there is a
Motion to Dismiss Dr. Appel's lawsuit which should be heard shortly. City Attorney Goren
reported that Council for former Commissioner Atkins -Grad did file a dismissal in the
Appellate Court decision.
City Attorney
Goren said the League of Cities
Ethics Task Force meeting is coming up in the
next week or
so to restudy the Ethics Code and make some recommendations to
the County
Commission
to reconsider potential changes
going into 2014. Mayor Talabisco
asked City
Attorney Goren to put together something to
fulfill the final four hours of ethics
training the
Commission
needs .and City Attorney Goren
responded that he will make sure
the needed
training is provided.
Commissioner
Bushnell
said
she
was appointed
to
be on the
Ethics
Task
Page 2 of 5 COMMISSION MEETING SEPTEMBER 25, 2013
Force and asked if it is appropriate that two members of this Commission sit on that board
and City Attorney Goren said he would look into it.
4. CITY MANAGER REPORT: City Manager Cernech wished Vice Mayor Dressler a Happy
Birthday. City Manager Cernech invited everyone to the free 41" Annual Play Day on
Thursday, September 26t" from 1:30 — 3:30 �m at Tamarac Park; the new weekly food truck
event beginning on Wednesday, October 2" which will be held every Wednesday thereafter
from 5:00 — 9:00 pm at Tamarac Park; 2"d Annual Foundation Bowling Tournament on
Tuesday, October 8t" at Strikers Family Sports Center, 8500 NW 44"' St., Sunrise, the cost is
$40 per player.
City Manager Cernech reported that the Woodlands Blvd. North Bike Path Project
(Woodlands Blvd. &Commercial Blvd.) has been completed as well as Tamarac Sports
Complex Press Box at 9901 NW 77th St.
5. PUBLIC PARTICIPATION: Mayor Talabisco opened Public Participation and the following
individuals spoke: Patti Lynn, 6411 NW 58th St., welcomed City Attorney Goren back and
spoke about the appointment to the District 2 Commission seat on September 30th; invited
people on HOA boards to attend the "Get Certified Event" on Friday at 1:30 pm at the library
at Broward and Pine Island Road; expressed disappointment that the parks will not be open
every Monday; said she is pleased to see that walls will be coming in and asked that the
trees at the park at 61St St. be trimmed as they are dangerous and ended by saying the
Customer Service staff is great.
6. CONSENT AGENDA: Mayor Talabisco asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech said there were no
changes/additions. Vice Mayor Dressler seconded by Commissioner Glasser moved approval
of the Consent Agenda as presented. Motion passed unanimously (4-0).
a. Approval of the September 11, 2013 Regular Commission Meeting Minutes - APPROVED
b. Approval of the September 12, 2013 Special City Commission Meeting Minutes -
APPROVED
c. TR12396 - Park Place at Woodmont, Utility Easement Encroachment and Hold Harmless
Agreement: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing
the appropriate City Officials to accept and execute a "Utility Easement Encroachment and
Hold Harmless Agreement" with Klemow Park Place at Woodmont, LLC., for landscaping and
structures to be constructed within utility easements located on the Park Place at Woodmont
Project site, located at Southwest corner of NW 77th Street and Pine Island Road;
authorizing and directing the City Clerk to record said agreement in the public records of
Broward County; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2013-99
d. TR12397 - Park Place at Woodmont Ingress Egress Easement: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
accept and execute a Blanket Public Safety Ingress/Egress Easement with Klemow Park
Place at Woodmont, LLC., for the Park Place at Woodmont Project, located at the Southwest
Page 3 of 5 COMMISSION MEETING SEPTEMBER 25, 2013
corner of NW 77th Street and Pine Island Road, to provide proper access to the property for
municipal services such as utility, canal, fire and police protection, emergency and other
public safety services; authorizing and directing the City Clerk to record said document in the
public records of Broward County; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2013-100
e. TR12371 - BSO Amendment #2: A Resolution by the City Commission of the City of
Tamarac, Florida approving the Second Amendment to the Law Enforcement Services
Agreement between the City of Tamarac and the Broward Sheriff's Office; authorizing the
appropriate city officials to execute the Second Amendment to the agreement for Police
Services; providing for conflicts; providing for severability and providing for an effective date.
RESOLUTION R-2013-101
f. TR12404 -Financial Advisor: A Resolution of the City Commission of the City of Tamarac,
Florida authorizing the appropriate City Officials to execute the first renewal option of an
Agreement between the City of Tamarac and Larson Consulting Services, LLC, for Financial
Advisory Services for a period of One (1) Year ending on September 30, 2014, with
subsequent additional One (1) Year renewal periods subject to satisfactory performance as
approved by the city; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2013-102
g. TR12405 - Agreement for Participation in the Consolidated Regional E-911
Communication System: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to approve and execute an agreement between
Broward County and the City of Tamarac for participation in the Consolidated regional e-911
communications system for a five (5) year term expiring September 30, 2018; with an
automatic renewal period of an additional five (5) years expiring on September 30, 2023;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2013-103
7. REGULAR AGENDA: There were no Regular Agenda Items scheduled for this meeting.
8. ORDINANCE(S) -FIRST READING: There were no Ordinance(s) —First Reading items
scheduled for this meeting.
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
items scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S):
a. TR12403 -Hampton Inn Telecommunication Tower -Special Exception: A Resolution of
the City Commission of the City of Tamarac, Florida, approving a Special Exception petition
to allow for the placement and construction of a one hundred and twenty-five (125) foot tall
telecommunication tower at the southern portion of the Hampton Inn property within a B -2
Planned Community Business) zoning district; for the subject property specifically located at
Page 4 of 5 COMMISSION MEETING SEPTEMBER 25, 2013
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.
Commissioner Glasser seconded by Commissioner Bushnell moved approval of TR12403.
City Attorney Goren read TR12403 by title into the record, went over the Quasi -Judicial
proceedings and 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 today are now part of the record. Interim Community Development Director Frank
Zickar appeared and gave staff's presentation (a copy of which is on file in the City Clerk's
Office). Lee Chapman appeared on behalf of the applicant. Mr. Zickar and Mr. Chapman
responded to questions and concerns from the Commission. There was a brief discussion on
the difference between this type of tower and DAS towers. Mayor Talabisco opened the
public hearing and with no one wishing to speak closed the public hearing. Motion passed
unanimously (4-0).
RESOLUTION R-2013-104
b. TR12402 - Walmart Market Store - Sign Variance: A Resolution of the City Commission of
the City of Tamarac, Florida, approving (with condition) a Sign Variance petition from certain
requirements of Chapter 18, Signs and Advertising, Tamarac Code of Ordinances for the
WalMart Neighborhood Market Store project; specifically located at 6921 NW 88 Avenue in
the former Baby Love Plaza (A portion of the Florida Fruit Land Company's Subdivision No.
2, of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102 of
the public records of Palm Beach County, Florida); providing for conflicts; providing for
severability; and providing for an effective date. Vice Mayor Dressler seconded by
Commissioner Bushnell moved approval of TR12402. City Attorney Goren read TR12402 by
title into the record, went over the Quasi -Judicial proceedings and 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 today are now part of the record. Interim
Community Development Director Frank Zickar appeared and gave staff's presentation (a
copy of which is on file in the City Clerk's Office). Gregory Johnson appeared on behalf of
the applicant. Mr. Zickar and Mr. Johnson responded to questions and concerns from the
Commission. Mayor Talabisco opened the public hearing and with no one wishing to speak
closed the public hearing. Motion passed unanimously (4-0).
RESOLUTION R-2013-105
12. OTHER
There being no further business to
adjourned the meeting at 10:16 a.m.
come before the City Commission, Mayor Talabisco
Beth Talabisco; Mayor
Page 5 of 5 COMMISSION MEETING SEPTEMBER 25, 2013