HomeMy WebLinkAbout2014-05-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
W E D N ES DAY, MAY 282 2014
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City
of Tamarac to order at 9:11 a.m. on Wednesday, May 28, 2014 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez, Commissioner Pamela
Bushnell, Commissioner Diane Glasser and Commissioner Debra Placko were in attendance.
Also in attendance were City Manager Michael Cernech, Assistant City Attorney David Tolces
and City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Legislative Update - Representative Hazelle Rogers: Representative Rogers had a last
minute conflict of interest and was unable to attend the meeting.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell reported that she attended the Aging
and Disability Resource Center (ADRC) breakfast, Relay for Life event, Buddha's Birthday
Ceremony at the Buddhist Temple; brunch honoring Commissioner Glasser, the Challenger
Baseball Team event for challenged individuals, hurricane preparedness seminar, Parks and
Recreation Master Plan exercise, concert on the green at the Colony West Golf Club and the
Memorial Day Ceremony on Monday.
b. Vice Mayor Gomez: Vice Mayor Gomez attended the ADRC breakfast, Relay for Life,
Buddha's Birthday Ceremony, brunch honoring Commissioner Glasser, Challenger baseball
game, Tamarac Business Forum at City Furniture, Parks & Recreation Master Plan exercise,
Concert at Colony West Golf Club and the Memorial Day Ceremony. Vice Mayor Gomez said
she will be unable to attend the TU potluck dinner and invited people to attend the next
"Coffee with the Vice Mayor" on June 22nd from 1 to 3 p.m. at Menchie's.
c. Commissioner Glasser: Commissioner Glasser said she also attended many of the events
already mentioned, the ADRC of Broward Senior Hall of Fame Award Ceremony and
mentioned that there is a whole process that an individual has to go through to become a
Senior Hall of Famer. Commissioner Glasser acknowledged that Ilene Lieberman, who was
in the audience, is a Hall of Famer.
d. Commissioner Placko: Commissioner Placko said the Memorial Day Service was very
moving and said she too attended the brunch honoring Commissioner Glasser and
commented that Commissioner Glasser is an incredible woman. Commissioner Placko said
that Woodmont is starting the COPS Program once again, is very excited and encouraged
people who live in Woodmont to apply to participate in the program.
Page 1 of 7 REGULAR COMMISSION MEETING May 28, 2014
e. Mayor Dressler: Mayor Dressler commented that there are so many events and
celebrations in the City they are almost too numerous to mention and the events that have
been mentioned by my colleagues have taken place just over the past two weeks.
3. CITY ATTORNEY REPORT: Assistant City Attorney Tolces did not have a report.
4. CITY MANAGER REPORT: City Manager Cernech reported that Tamarac is a nominee for
the Radiance Award sponsored by the Public Relations Society of America for our work in
promoting the 50t" Anniversary Celebration. Staff has been advised by the US Conference of
Mayors that Tamarac has been awarded the Outstanding Achievement City Livability Award
for cities smaller than 100,000 in the 2014 City Livability Awards Program. The Community
Development Dept. and the Public Art Committee are pleased to report that the City has been
selected for the Broward 100 Mural Project which aims to commemorate Broward's
Centennial with bold, innovative art and performance projects that attract visitors and brings
residents together using arts, sports and recreation venues and natural attractions.
Tamarac's approval is under the "Visualeyes Category" which will allow for the painting of an
artistic mural on the northeast wall of the Broward Sheriff's Public Safety Building on the
Tamarac City Hall Campus. City Manager Cernech reported that the PAROT Foundation's
3rd Annual Golf Tournament on May 9t" was very successful with 92 golfers and 26 sponsors
and raised over $13,000.
Upcoming Events: City Manager Cernech invited people to attend the Movie in the Park
event featuringthe move "The Nut Job" at the Tamarac Sports Complex on Friday, June 6t"
,
pre -events start at 7:00 p.m. and the movie starts at 8:15 p.m. Ci Manager Cernech invited
people to attend the Zumba Dance Party taking place on June 6t at the Community Center
from 7:00 p.m. to 9:00 p.m., the fee is $15 until June 4t" and thereafter $20 and child care for
children ages 4 thru 11 will be provided at a cost of $5 per child; the Father's Day Fishing
Tournament takes place on Saturday, June 14t" from 9:00 a.m. to Noon, the fee for residents
is $5 and non-residents $8.
Commissioner Bushnell invited TU grads to attend the potluck dinner at the Recreation
Center on Saturday evening. Mayor Dressler spoke of the various awards Tamarac has won
over the last year and also mentioned that Moody's published a report on Municipal Finance
in which they mention Tamarac and lauded the city for the flexibility that we showed during
and after the housing crash in 2008.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Tara Piatek, 98904 NW 70t" Court, thanked the City for the support for the
Relay for Life event, gave an inside view of how the event came together, thanked city staff,
CERT Members, BSO and residents for everything they did to make the Relay for Life event
successful. Sharon Baron, 4709 Woodlands Blvd., expressed her concern about the number
of Charter schools in Tamarac, added that Tamarac needs to appoint an Educational
Advisory Committee and asked that consideration be given to streaming the Planning Board
meeting. Patti Lynn, 6411 NW 58t" St., spoke about the Memorial Day Ceremony, asked the
Commission to address the VA backlog and attend the Broward County Vets Coalition
meeting on June 16t" at 11:00 a.m. at the Veterans Center on Commercial Blvd., advised that
the tractor trailers on 57t" St. are still an issue and ended by saying that her daughter just
passed her final exam and is now a licensed commercial pilot. Stewart Webster, 7900
Colony Circle So., expressed his concern about the fence around Versailles Gardens and
Page 2 of 7 REGULAR COMMISSION MEETING May 28, 2014
hoped they would be aesthetically
Annual Foster Care Field Day on
sponsorship of the event.
pleasing and
invited the
Commission
to attend the 2nd
June
1st
at
the
BB&T
Center and
possibly
consider
6. CONSENT AGENDA: Mayor Dressler asked if there were any additions/changes to the
Consent Agenda and City Manager Cernech said there were no additions/changes to the
Consent Agenda. Vice Mayor Gomez seconded by Commissioner Glasser moved approval of
the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the May 14, 2014 Regular Commission Meeting Minutes —APPROVED
b. TR12481 - Wastewater Main Rehabilitation Inflow & Infiltration Project FY14 — SAK
Construction: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to accept and execute an agreement between the
City of Tamarac and SAK Construction, LLC., utilizing Choice Facility Partners (CFP)
Contract #10/039MP-01 for an amount not to exceed $1,950,000 for the FY14 Wastewater
Main Rehabilitation Inflow and Infiltration Project; authorizing the appropriate City Officials to
administer the contract; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2014-51
c. TR12494 - 2014 Edward Byrne Memorial Justice Assistance Grant (JAG): A Resolution of
the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials
to accept the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) award and
execute a Memorandum of Understanding between the City of Tamarac and the Broward
Sheriff's Office pending legal review; authorizing the Broward Sheriff's Office to continue to
serve as the lead agency providing for the administration of the 2014 Edward Byrne Memorial
Justice Assistance Grant (JAG); providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-201452
d. TR12496 - Reciprocal Use Agreement with the School Board: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
execute a Reciprocal Use Agreement between the City of Tamarac and the School Board of
Broward County, Florida, to provide reciprocal use of city and school board facilities;
providing for conflicts; providing for severability; and providing an effective date.
RESOLUTION R-2014-53
e. TR12489 Land Acquisition - 7200 N. University Drive: A Resolution of the City Commission
of the City of Tamarac, Florida approving and authorizing the proper City Officials to execute
that certain real estate Purchase and Sale Contract for the purchase of real property located
at 7200 N. University Drive, Tamarac, Florida; attached hereto as Exhibit "A" and
incorporated herein; providing for the approval of the contract and authorizing the proper City
Officials to consummate the transaction contemplated by the contract for purchase and sale;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2014-54
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
Page 3 of 7 REGULAR COMMISSION MEETING May 28, 2014
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
scheduled for the meeting.
11. QUASI-JUDICIAL HEARING(S):
a. TR12498 - Bethlehem Academy School Special Exception: A Resolution of the City
Commission of the City of Tamarac, Florida, approving a special exception petition to allow
the expansion of an existing private school use on the property located at 6843 West
Commercial Boulevard within the Marketplace at Tamarac Shopping Center. (Specifically
Parcel "A", of the RK Plat, according to the Plat thereof, as recorded in Plat Book 143, Page
22, of the public records of Broward County, Florida) pursuant to Section 24-548, Tamarac
Code of Ordinances; (Case No. 3-Z-14) providing for conflicts; providing for severability; and
providing for an effective date. Assistant City Attorney Tolces read TR12498 by title into the
record and went over the Quasi -Judicial proceedings. The Commission disclosed that they
did not have any ex parte communications with the applicant for this item. Assistant City
Attorney Tolces swore in all affected parties.
Community Development Director Calloway appeared and gave staff's presentation, a copy
of which is on file in the City Clerk's Office, and ended by saying the Planning Board and staff
recommend approval of TR12498. Commissioner Bushnell seconded by Commissioner
Placko moved approval of TR12498. Community Development Director Calloway, City
Manager Cernech and Assistant City Attorney Tolces responded to a few questions from the
Commission.
Amy Edwards, COO, Janoura Realty & Management, Inc., Audrey Nelson, Bethlehem
Academy Administrator and Marcia Morency, Bethlehem Academy Principal, appeared on
behalf of the applicant and said that staff's report was thorough and that Bethlehem Academy
operates as a for profit school and they have no application before Broward County asking for
consideration of an ad valorem waiver.
Mayor Dressler opened the public hearing and Patti Lynn, 6411 NW 58th St. expressed her
concerns regarding additional traffic that would be generated and asked the Commission to
reconsider this until buffer walls have been constructed at Mainlands 8; Andrew Buys, 6700
NW 57th Court, also spoke of the need for a buffer wall. With no one else wishing to speak
Mayor Dressler closed the public hearing. Community Development Director Calloway and
Ms. Edwards responded to additional questions and concerns from the Commission.
Motion passed unanimously (5-0)
RESOLUTION R-2014-55
Mayor Dressler recessed the meeting at 10:19 a.m. and reconvened the meeting at ' 10:28
a.m. with all present as before.
Page 4 of 7 REGULAR COMMISSION MEETING May 28, 2014
b. TR12499 - The International High School - Special Exception: A Resolution of the City
Commission of the City of Tamarac, Florida, approving a special exception petition (with
condition) to allow for a charter high school use on the subject property located at 8301 West
McNab Road (Specifically, lots 4, 51 62 7, less the 2 feet of Lots 4, 51 6, and 7, in Block 35 of
McNab Commercial Subdivision No. 2 according to the plat thereof, as recorded in Plat Book
73, Page 28, of the public records of Broward County, Florida); (Case No. 6-Z-14) providing
for conflicts; providing for severability; and providing for an effective date.
Assistant City Attorney Tolces read TR12499 by title into the record. Commissioner Bushnell
seconded by Vice Mayor Gomez moved approval of TR 12499. Assistant City Attorney Tolces
went over the Quasi -Judicial proceedings and swore in all affected parties.
Commissioner Placko disclosed that she had met with Ms. Michelson, Mr. Poliakoff, Mr. Hall
and Mr. Gutierrez; Commissioner Bushnell disclosed that she met with Mr. Poliakoff, Mr. Hall,
Mr. Gutierrez; Commissioner Glasser disclosed that she met with Mr. Poliakoff, Mr. Hall and
Mr. Gutierrez; Vice Mayor Gomez disclosed she met with Mr. Poliakoff, Mr. Hall and Mr.
Gutierrez and had a conversation with Ms. Michelson; Mayor Dressler disclosed that he met
with Mr. Poliakoff Mr. Hall and Mr. Gutierrez.
Community Development Director Calloway appeared and gave staff's presentation, a copy
of which is on file in the City Clerk's Office, and ended by saying the Planning Board failed to
forward a recommendation to the Commission on TR12499.
Keith M. Poliakoff, Esquire, appeared on behalf of the applicant and introduced the following
experts that would address concerns that were raised at the May 7th Planning Board Meeting:
Messrs. David Stiles, Thomas A. Hall, Jorge A. Gutierrez and Michael J. Vonder Meulen.
Mr. Poliakoff then introduced Exhibits 1 thru 16, and incorporated all documents into the
record, which are on file in the City Clerk's office. Mr. Poliakoff said that after the May 7th
Planning Board Meeting he worked with staff to address the concerns that were raised by the
residents regarding access to 70th St. The applicant has agreed to fence in the entire
property, provide closed circuit surveillance, provide a security guard, hire 4 additional staff
members and the Code of Conduct has been modified to meet the expressed concerns. Mr.
Poliakoff gave a presentation, which has been incorporated into the record, and talked about
the special exception request, the parties involved, location of the proposed charter high
school and surrounding communities and businesses. Mr. Jorge Guiterrez, 20801 Biscayne
Blvd., Aventura, FL spoke about the site plan, landscape plan, floor plan and changes and
renovations to the existing building. Mr. Thomas Hall 1355 Adams St., Hollywood, FL
discussed traffic generation and flow, stacking and ample parking spaces. Mr. David Stiles,
21800 U.S. Hgwy. 19 No., Clearwater, FL, operator of the school talked about Newpoint
School's approach to education, the students that would be served, students they would be
targeting, the success rate of Newpoint's school in Clearwater, hours of operation,
qualifications to enroll in the school and the typical student profile. Mr. Stiles played a video
from a past student called "Elysa's Story" after which he talked about the makeup of staff
members. Mr. Michael J. Vonder Meulen, 301 E. Atlantic Blvd., Pompano Beach, FL talked
about the special exception criteria and the applicant's full compliance. Mr. Poliakoff went
over in detail how the applicant has addressed all of the concerns that were raised at the
Planning Board Meeting.
Page 5 of 7 REGULAR COMMISSION MEETING May 28, 2014
Community Development Director Calloway submitted and incorporated staff's entire file and
presentation into the record.
Mayor Dressler expressed concern that the Planning Board was unable to submit a
recommendation to the Commission on the Special Exception as there was a quorum
present. Community Development Director Calloway replied that the Planning Board is
required by code to forward a recommendation to the Commission, however, that did not
occur. Mayor Dressler read Section 24-552(b) which states that "within 30 days of the public
hearing, the Planning Board shall submit a report and recommendation to the City
Commission" and said that neither a report or a recommendation was forwarded and this
creates a problem and asked Assistant City Attorney Tolces if it would be suitable to send
this item back to the Planning Board for a recommendation per City Code. Assistant City
Attorney Tolces said with respect to the report you do have the report submitted by staff
which is a lesser issue. With respect to the recommendation there is the word "shall" and the
board failed to formally pass a motion either for, or in opposition to, the special exception.
The Commission has the right to interpret its own Code as it sees fit and if the Commission
determines that it needs a recommendation then it would be appropriate for the Commission
to make a motion to send this matter back to the Planning Board for a formal
recommendation. There was a brief discussion regarding the Planning Board Report after
which it was determined that staff's report was sufficient as the Community Development
Department has taken up the responsibility of preparing that report for the Planning Board as
they do not have their own staff to produce the report. Mayor Dressler confirmed that a
motion could be heard to send this back to the Planning Board.
Commissioner Placko made a motion to get a recommendation from the Planning Board.
Assistant City Attorney asked for clarification of the motion. Commissioner Placko said it was
a motion to send this back to the Planning Board to get a recommendation and
Commissioner Glasser seconded the motion. Commissioner Bushnell confirmed that they
would not have an opportunity to question the applicant until this comes back before the
Commission with the recommendation from the Planning Board. Assistant City Attorney said
essentially this is a motion to table this item until it comes back with a recommendation from
the Planning Board at which time the Commission will continue this Quasi -Judicial hearing
and the Commission can at that point question and hear from the public and affected parties
and proceed.
Mayor Dressler said this goes back to the Planning Board and the applicant can have the
opportunity to restate their case and anybody who is an affected parry will be able to give
testimony or speak out either for or against the item. Commissioner Glasser added that she
felt the motion should include a time frame as it cannot go on forever and Mayor Dressler
concurred. There was a brief discussion regarding a reasonable time frame and how it would
fit into the schedule for the next Planning Board meeting. Mayor Dressler asked if the original
motion needed an amendment to be inclusive of a time frame. Assistant City Attorney said
Commissioner Placko would need to amend the motion. Commissioner Placko said she
would like to add to have this done in a timely fashion to the motion.
Mayor Dressler asked for a clarification of the motion and Assistant City Attorney Tolces said
it is a motion to table this matter and direct that this matter be sent back to the Planning
Board for a formal recommendation pursuant to Section 24-552(b) of the City's Code of
Page 6 of 7 REGULAR COMMISSION MEETING May 289 2014
Ordinances and that
the matter
be heard by
the Planning Board
in a timely manner so that it
can
be
brought
back
to the
City
Commission
for consideration
as
soon as possible.
Motion passed 4-1 with Commissioner Bushnell dissenting.
12. OTHER: There being no further business to come before the City Commission., Mayor
Dressler adjourned the meeting at 11:34 a.m.
Vity VierK
Page 7 of 7
Harrsi Bressler, Mayor
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