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HomeMy WebLinkAbout2014-07-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JULY 912014 CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City of Tamarac to order at 7:07 p.m. on Wednesday, July 9, 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 C. Cernech, Assistant City Attorney Horowitz and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Placko led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Harry Dressler proclaiming July 7, 2014 as "Sidney Hecker Day". (Requested by Mayor Harry Dressler) b. Presentation of a proclamation by Mayor Harry Dressler proclaiming July 7, 2014 as "Sheldon Taylor Day". (Requested by Vice Mayor Michelle J. Gomez) c. Presentation of a Plaque to the Mayor and Commission by Randy Hibshman, Representing Challenger Baseball d. Presentation of a proclamation by Mayor Harry Dressler honoring the African -American Cultural &Social Club of Kings Point In Tamarac. (Requested by Mayor Harry Dressler) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Commissioner Bushnell said she enjoys attending the Challenger Baseball games and noted that Colony West Golf Club is interested in sponsoring a Special Olympics Golf Team. Commissioner Bushnell stated that Tamarac is looking for vets from Tamarac to do a project in Veteran's Park and asked if anyone knows a vet to let her know. Commissioner Bushnell reported she attended a special Budget Workshop on June 30th, completed 2 days of ethics training and the 4th of July Celebration was excellent. b. Vice Mayor Gomez: Vice Ma or Gomez thanked everyone for attending the meeting. Vice Mayor Gomez attended the 4 of July Celebration, the Caribbean American Celebration, Kiwanis Founder's Day event, Applebee's Ribbon Cutting and the budget workshop on June 30th . c. Commissioner Glasser: Commissioner Glasser said she attended the budget workshop on June 30th and found it to be very productive and added that things look good for the future and we will be having a few more meetings before the budget is passed. d. Commissioner Placko: Commissioner Placko also attended her first budget workshop and said she takes nothing lightly. Commissioner Placko said she has been contacted by several Page 1 of 8 REGULAR COMMISSION MEETING July 9, 2014 people in District 4 who have been very respectful and thanked them for being involved in their community and encouraged people to reach out to her. e. Mayor Dressler: Mayor Dressler reported that the July 4th Celebration was great and the Valerie Tyson Band was excellent. Mayor Dressler said the US Conference of Mayors has had several initiatives come through on the national level regarding the environment and it sounded like a script from one of Tamarac's workshops where we discuss some of the same issues. 3. CITY ATTORNEY REPORT: Assistant City Attorney Horowitz had no report. 4. CITY MANAGER REPORT: City Manager Cernech reported that BSO will be hosting the National Night Out on Crime on Tuesday, August 5t" from 6 p.m. to 9:00 p.m. City Manager Cernech reported that Tamarac has been awarded the ICMA Certificate Award in Performance Management which is a testament to the efforts of staff to track, report and act upon performance data and he will be present at the Conference in September when we will be presented with the award. City Manager Cernech also reported that Tamarac has tentatively received an award from the NEA for design of a public art project at Sunset Point Park and added that we are in the final stages of the approval process and we should be hearing on their final decision on the grant of up to $25,000 within the next two weeks. City Manager Cernech said applications for the 2014 Home Rehabilitation Program will be available on July 21St and applications can be downloaded from the website or can be picked up in Room 206 in City Hall. Open enrollment for the submission of applications will be from August 4th to August 15th and awarded on a first -come, first -serve basis. City Manager Cernech said that July is Parks and Recreation Month and this year's theme is "Out is In" and encouraged people to do something outside every day. City Manager Cernech reported that the All American Country Hoedown Lunch with Uncle Sam and Betsy Ross on June 26 had 150 people in attendance; the 4"' of July Patriotic Swim Bash had 250 people in attendance and the All American Celebration at the Sports Complex had 4,500 people in attendance. City Manager Cernech noted that the Parks &Recreation Department is hosting a Summer Teen Program where teens are assigned to the Community Center, Parks &Recreation Administration Building and City Hall where they have been learning budgeting techniques, cooking and half of the group will be attending the Chamber of Commerce Breakfast where they will meet local business people. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one wishing to speak closed Public Participation. 6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any changes/additions to the Consent Agenda and City Manager Cernech said the minutes of the June 25, 2014 Regular Commission Meeting have been revised to reflect that Vice Mayor Gomez's report has been amended to indicate that the memorabilia given to her by Bill will be "loaned" as opposed to "turned over" to the Historical Society as originally noted in the minutes. Vice Mayor Gomez seconded by Commissioner Placko moved to add the revised Page 2 of 8 REGULAR COMMISSION MEETING July 9, 2014 minutes of the June 25, 2014 Regular Commission Meeting to the Consent Agenda. Motion passed unanimously (5-0). Vice Mayor Gomez seconded by Commissioner Glasser moved approval of the Consent Agenda as amended. Motion passed unanimously (5-0). a. Approval of the June 25, 2014 Regular Commission Meeting Minutes as revised — APPROVED b. Approval of the June 25, 2014 Special Commission Meeting Minutes — APPROVED c. TR12476 -Automatic Aid (AA) Agreement BSO-City of Tamarac: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve and execute an Automatic and Mutual Aid Agreement between the Sheriff of Broward County (BSO) and the City of Tamarac for the provision of cooperative automatic fire and emergency medical services through automatic aid; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 66 d. TR12492 - Award Bid No. 14-14B for HVAC Replacement at FS 15: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 14-14B to and approving an Agreement with Koldaire, Inc. for the replacement of the HVAC units at Fire Station No. 15 located at 6000 Hiatus Road for a contract amount of $108,967.00 and a contingency in an amount of $10,987.00, will be added to the project for a total project budget of $119,864-00; authorizing an expenditure from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability, and providing for an effective date. RESOLUTION R-2014 — 67 e. TR12504 - Park Administration Building Roof Replacement Project: A Resolution of the City Commission of the City of Tamarac, Florida, cancelling the Agreement with Therma Seal Roof Systems, LLC, originally approved by the City Commission via Resolution R-2014-17; awarding Bid No. 14-15B to and approving an Agreement with Therma Seal Roof Systems, LLC. for the replacement of the roofing system at the Parks and Recreation Administration Building located at 6001 Nob Hill Road, in accordance with Bid No. 14-15B for a contract amount of $146,510, a contingency in an amount of $21,976, will be added to the project for a total project budget of $16&,486; authorizing an expenditure from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 68 f. TR12507 - Pipe Bursting Project: 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 Murphy Pipeline Contractors Inc., utilizing pricing from an Agreement obtained through a formal competitive process by the Allied States Cooperative, Education Service Center (ESC) Region 19, RFP Number 13-6903 for an amount not to exceed $159,395.80 for the replacement of 1500 linear feet of water pipe in Page 3 of 8 REGULAR COMMISSION MEETING July 9, 2014 Shaker Village; a contingency of 10.0% or $15,939.58 will be added to the project account for a total amount of $175,335.38; authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 69 g. TR12509 - Fire Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Fire Rescue Services, Facilities and Programs in the City of Tamarac, Florida; establishing the estimated assessment rate for Fire Rescue Assessments for the Fiscal Year beginning October 1, 2014; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof;. providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2014 — 70 h. TR12510 - Solid Waste Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Residential Solid Waste Collection Services and Facilities and programs in the City of Tamarac, Florida; providing for purpose and definitions; providing for legislative determinations; establishing the estimated rate for the Residential Solid Waste Collection Services Assessment for the Fiscal Year beginning October 1, 2014; directing the preparation of a residential solid waste collection services special assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date. RESOLUTION R-2014 — 71 i. TR12511 - Stormwater Fee Assessment: A resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Stormwater Management provided by the City's Stormwater Utility; determining that certain real property will be specially benefited thereby; establishing and confirming the method of calculating the cost of Stormwater Management Service against the real property that will be specially benefited thereby; directingthe City tY Manager to prepare or direct the preparation of a preliminary Stormwater Utility Management fee roll based upon the methodology set forth herein; establishing a public hearing for the proposed Stormwater Utility Management fees and directing the provision of notice in connection therewith; providing for conflict; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 72 j. TR12512 - Nuisance Abatement Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Nuisance Abatement on certain real properties by the city in accordance with Chapter 9, Division V of the City's Code of Ordinances; determining that certain real property has been specially benefited by the City's Abatement of Nuisances thereon; directing the City Manager to prepare or direct the preparation of a preliminary Nuisance Abatement Assessment roll; establishing a public hearing for the proposed levy of unpaid Nuisance Abatement Assessments on the annual tax bill and directing the provision of notice in connection therewith; providing for conflict; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 73 k. TR12514 -Reimbursement Resolution: A Resolution of the City Commission of the City of Tamarac, Florida establishing its intent to reimburse certain Capital Expenditures incurred in connection with the Acquisition, Construction and Equipping of two Fire Stations and other Page 4 of 8 REGULAR COMMISSION MEETING July 9, 2014 Public Safety Capital Projects with proceeds of a future tax-exempt financing; providing certain other matters in connection therewith; and providing an effective date. RESOLUTION R-2014 — 74 I. TR12516 - Award Bid No. 14-16B for the Lime Bay Sidewalk Installation Project: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 14-16B to and approving an Agreement with Homestead Concrete and Drainage, Inc., for the Lime Bay Sidewalk Installation Project, located along Lime Bay Boulevard between Westwood Boulevard West and Westwood Boulevard East, in accordance with Bid No. 14-16B for a contract amount of $107,716.61; a contingency in the amount of $21,543.32 will be added to the project account, for a total project budget of $129,259.93; authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 75 m. TR12517 - Emergency Generator Replacement Project - Change Order No. 1: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate Ci Officials to accept and execute Change Order No. 1 to the contract between City the City of Tamarac and Cardinal Contractors, Inc., for an amount of $107,994 for purchase of a Caterpillar Tier 4 Compliant Non -Emergency Generator and cancel the Tier 2 Compliant Emergency Generator order to comply with more stringent, current Environmental Protection Agency Air Emission rules; approving funding for the project from the appropriate Utilities g Y Operational Account; providing for conflicts providing for severability; and providing for an effective date. RESOLUTION R-2014 — 76 n. TR 12513 Proposed Millage Rates: A resolution of the City Commission of the City of Tamarac, Florida, authorizing the City Manager to send a Proposed Millage Rate of 7.2899 mills for General Operating purposes and a Proposed Millage Rate of 0.1010 mills for Voted Debt Service to the Property Appraiser for Fiscal Year 2015, and setting September 12, 2014, at 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the date, time and place for the first public hearing to set the Tentative Millage Rates and Budget for Fiscal Year 2015; setting September 22, 2014 at 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the date, time, and place for the second public hearing to adopt the Millage Rates and Budget for Fiscal Year 2015; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014 — 77 7. REGULAR AGENDA: Mayor Dressler asked City Manager Cernech if there were any additions to the Regular Agenda. City Manager Cernech said that as discussed at the July 7t" Workshop TR12519 — Arbor Keys Land Acquisition is being added to the Regular Agenda as Item 7 (a). a. TR12519 — Arbor Keys Land Acquisition: 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 the Arbor Keys Condominium Complex, Tamarac, Florida; attached hereto as Exhibit "A" incorporated Page 5 of 8 REGULAR COMMISSION MEETING July 9, 2014 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. Commissioner Bushnell seconded by Commissioner Placko moved approval of adding TR12519 to the Regular Agenda as item 7 (a). Motion passed unanimously (5-0). Financial Services Director Mason appeared and gave a brief presentation, a copy of which is on file in the City Clerk's Office. Vice Mayor Gomez seconded by Commissioner Placko moved approval of TR12519. Motion passed unanimously (5-0). RESOLUTION R-2014 — 78 8. ORDINANCE(S) -FIRST READING: There were no Ordinance(s) —First Reading items scheduled for the meeting. 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) -SECOND READING: City Manager Cernech said there will be one more change to the agenda tonight as discussed at the July 7t" workshop. Item No. 12 (a) has been amended to reflect that it pertains solely to the $4 million Tamarac project. Assistant City Attorney Horowitz read TR12500 by title into the record. Vice Mayor Gomez seconded by Commissioner Glasser moved to add TR12500 to the agenda as amended. Motion passed unanimously (5-0). a. TO2300 - Woodmont Development Agreement: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second reading approving and authorizing the Mayor, Vice -Mayor, or City Manager of the City of Tamarac, Florida, on behalf of the City, to execute and to otherwise enter into a Development Agreement between the City of Tamarac and Woodmont Country Club, Inc., for the development of property located within the Woodmont Plat, as recorded in Plat Book 88, Page 20, of the public records of Broward County, Florida, and as more fully described in the Development Agreement which is attached hereto as Exhibit "A"; authorizing the appropriate City Officials to do all things necessary to effectuate the intent of this ordinance; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Horowitz read TO2300 by title into the record. Vice Mayor Gomez seconded by Commissioner Placko moved approval of TO2300 on second reading. Mayor Dressler said that after this item has been voted on we will be moving out of order to take up Item 12 (b) as they are companion items. Mayor Dressler opened the Public Hearing and the following individuals spoke: David Barkin, 8064 Buttonwood Circle, expressed his concern regarding the buffer by Pod B and objected to the approval of the Development Agreement; Richard Robbins, 8711 NW 76t" Ct., in favor of Development Agreement but expressed concern that the agreement did not address maintenance of the golf course amenities; Zave Aberman, of Zevco Development,1455 Ocean Drive, said he is looking forward to working with the City on this project. With no one else wishing to speak, Mayor Dressler closed the public hearing. Page 6 of 8 REGULAR COMMISSION MEETING July 9, 2014 Motion passed unanimously (5-0). PASSED ON FIRST READING JUNE 259 2014 PASSED ON SECOND READING JULY 99 2014 ORDINANCE NO. 0-2014-09 Mayor Dressler moved out of the order of the agenda to take up item 12 (b) — TR12518 — Woodmont Country Club Community —Consolidated, Amended &Restated. Covenant. b. TR12518 - Woodmont Country Club Community - Consolidated, Amended, & Restated Covenant: A Resolution of the City Commission of the City of Tamarac, Florida, approving the Consolidated, Amended and Restated Covenant for a Period of Fifty (50) Years for the Woodmont Country Club, attached hereto as Exhibit "A", and incorporated herein by reference; authorizing the joinder and consent of same and directing the City Manager, or his designee, 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. Assistant City Attorney Horowitz read TR12518 by title into the record. Commissioner Bushnell seconded by Commissioner Glasser moved approval of TR12518. Motion passed unanimously (5-0) RESOLUTION R-2014 —79 Mayor Dressler moved back into the order of the agenda to take up Item 11 (a) — TR12499 — Approving Board Order 6-Z-14 —International High School Special Exception. 11. QUASI-JUDICIAL HEARING(S): a. TR12499 - Approving Board Order 6-Z-14 - International High School Special Exception: Special Exception Use pursuant to Article IV, Section 24-548 and Article III, division 19, Section 24-434 of the City of Tamarac Code of Ordinances, Land Development Regulations ("LDRs"), to allow the use of a charter high school in the B-6 Zoning District. Assistant City Attorney Horowitz read TR12499 by title into the record and went over the Quasi -Judicial Proceedings. Vice Mayor Gomez seconded by Commissioner Placko moved approval of TR12499. City Clerk Teufel swore in all affected parties. Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office. Ms. Calloway ended by saying staff recommends approval of the Special Exception. The Commission revealed ex parte conversations as follows: Commissioner Bushnell — Ilene Michelson; Commissioner Placko — Ilene Michelson; Mayor Dressler — Keith Poliakoff and Ilene Michelson; Vice Mayor Gomez — Ilene Michelson and Commissioner Glasser — Ilene Michelson. Attorney Poliakoff submitted documents into the record and introduced his experts: Jim Brady, Jorge Guiterrez, Thomas Hall, Dr. Richard Durr and Michael J. Vonder Meulen. Mr. Poliakoff and his experts gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor Dressler recessed the meeting at 9:09 p.m. and reconvened the meeting at 9:23 p.m. with all present as before. Page 7 of 8 REGULAR COMMISSION MEETING July 9, 2014 Mayor Dressler opened the floor for cross examination. Attorney Ilene Michelson appeared on behalf of Dr. Perry Giordanelli, Colony Springs of Tamarac, Inc., and asked that the item be deferred as her traffic expert had not had time to do due diligence of the traffic studies and spoke about the deficiencies in both the applicant's and City's traffic studies. Ms. Michelson brought up her client Dr. Giordanelli who responded to questions from Ms. Michelson. Ms. Michelson introduced documentation into the record and to the Commission. Mr. Poliakoff then cross examined Dr. Giordanelli, Ms. Calloway and Carl Peterson, Tamarac's Traffic Expert, who all responded to questions from Mr. Poliakoff. Mayor Dressler opened the Public Hearing and the following individuals were opposed to granting the Special Exception: Joseph Gilcrease, Ken Hoffman, Donna Sucher and Ramon Rodriquez. A list containing all pertinent information on the speakers is on file in the City Clerk's Office. Mr. Poliakoff, Dr. Durr, Ms. Calloway and Mr. Hall responded to questions and concerns from the Commission. Assistant City Attorney Horowitz said the Commission has heard testimony from Staff and the Applicant and baring any further discussion, the Commission can now vote on the item. Mayor Dressler asked City Clerk Teufel to call the vote and the item failed unanimously (5-0). ITEM FAILED 12. OTHER: a. TR12500 - Approving Issuance of a Private Activity Bond by the Public Finance Authority of Wisconsin A Resolution of the City Commission of the City of Tamarac, Florida approving the issuance of not to exceed $18,000,000 of the Public Finance Authority Charter School Revenue Bonds for the purposes of Section 147(F) of the Internal Revenue Code to finance or refinance certain costs of various projects on behalf of Vertex Non -Profit Organization; authorizing and directing the City Manager, or His Designee, 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. No action was taken on this item' as TR12499 — Approving Board Order — 6-Z-14 — International High School Special Exception failed. 12. OTHER: There being no further business Dressler adjourned the meeting at 11:11 p.m. `2t Y I' L 4 h PatTio a T Wei, CMC City Clork� M Page 8 of 8 to come before the City Commission, Mayor le arry Dressler, Mayor REGULAR COMMISSION MEETING July 9, 2014 13