HomeMy WebLinkAbout2014-09-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, SEPTEMBER 24, 2014
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City of
Tamarac to order at 9:10 a.m. on Wednesday, September 24, 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, City Attorney Samuel S. Goren and
City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Vice Mayor Gomez led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
Mayor Dressler moved out of order to take up items 1(b), 1(d) 1(c) and 1(a)
b. Presentation of a proclamation by Mayor Harry Dressler proclaiming September 27, 2014 as
"National Public Lands Day". (Requested by Mayor Harry Dressler)
d. Presentation of a proclamation by Mayor Harry Dressler in Support of Children's Services
Council of Broward County. (Requested by Vice Mayor Michelle J. Gomez)
c. Presentation of a proclamation by Mayor Harry Dressler proclaiming the week of September
21- 27 as "Employer Support of the Guard and Reserve Week". (Requested by Vice Mayor
Michelle J. Gomez)
a. Supervisor of Elections Office Presentation Regarding the November 4, 2014 Election by
Supervisor of Elections HR Coordinator Micah Williams (a copy of which is on file in the City
Clerk's Office).
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell spoke about attending the Chess Challenge
at the Museum of Discovery and Science recently and noted that it was a fabulous program which
was very well attended and hopes it continues in Tamarac's schools. Commissioner Bushnell
reported she attended the Second Budget Hearing on September 22"d; Taste of Tamarac
Magazine Launch Party and the ribbon cutting ceremony for the synthetic turf field at the Sports
Complex. Commissioner Bushnell said tomorrow is "Remember Me Thursday" which is about
rescuing animals and preventing them from being put to sleep. Commissioner Bushnell wished
Mayor Dressler a Happy Birthday.
b. Vice Mayor Gomez: Vice Mayor Gomez commented that she also attended many of the events
mentioned by Commissioner Bushnell and thanked Commissioner Bushnell for the information
about "Remember Me Thursday". Vice Mayor Gomez said she also attended the 80's themed
Zumba class; the BSO 9/11 event and Tamarac's 9/11 event both of which were very moving
ceremonies. Vice Mayor Gomez thanked the Public Art Committee for the new 9/11 Memorial
containing pieces from the Pentagon and the field in Shanksville, PA. Vice Mayor Gomez added
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she also attended the Greater Fort Lauderdale Realtors meeting and wished Mayor Dressler a
Happy Birthday and everyone a Happy New Year.
c. Commissioner Glasser: Commissioner Glasser wished everyone a Happy Rosh Hashanah and
added that in the future people should be able to reach out with everyone in the community and _
celebrate all holidays.
d. Commissioner Placko: Commissioner Placko said she attended many of the events already
mentioned. Commissioner Placko talked about the Open City Hall feature on the City's website
and encouraged people to visit and use it. Commissioner Placko noted that Tamarac is once
again part of the Adopt -a -Street Program, encouraged people to participate and said if anyone is
interested they can contact the Community Development Department. Commissioner Placko
wished everyone a Happy New Year.
e. Mayor Dressler: Mayor Dressler said the 9/11 Memorial was very special and he was moved to
hear from a first responder who was at the Twin Towers and lost her partner. Mayor Dressler
said the Taste of Tamarac Magazine Launch Party was a tremendous event and thanked Peter
Mason for doing a great job. Mayor Dressler said he attended various meetings and said he also
attended a meeting at Coral Springs Medical Center where the topic of discussion was the
relationship between the taxes that people pay and the services that are delivered. Mayor
Dressler wished everyone a Happy New Year and commented that he celebrates all holidays as it
is fun to be cross-cultural.
3. CITY ATTORNEY REPORT: City Attorney Goren wished everyone a Happy and Healthy New
Year. City Attorney Goren said at the time of the IOG's publishing of an alleged ethics guideline
book there was an email that was sent out to all city attorneys in the middle of September which
said in part "You will recall that the Ethics handbook was designed as a reference for the OIG
staff responsible for investigations and is published so that elected officials and the public are
aware of Section 1-19 of the Broward County Code of Ordinances, which is the Code of Ethics for
Broward County. The handbook is intended to promote full compliance and to minimize
unwarranted investigations in part by providing notification of the OIG standards for ethics
inquiries and investigations." City Attorney Goren spoke about the recent Plantation investigation
into some behavior that was questionable but not illegal under the city code. The consequence of
which is the OIG is now publishing a revision to the guidelines referencing lobbying contacts and
stated for the record that Tamarac is compliant. City Attorney Goren said the guidelines are a
self -motivated document by the IG himself and they are just guidelines and not the law but it is
something that needs to be paid attention to. City Attorney Goren said that he and his colleagues
will be meeting next week to talk about what is being proposed and he will keep the Commission
posted. The League of Cities Ethics Task Force, on which Commissioner Bushnell serves, has
yet to call a meeting this quarter but they are working on doing so and they are looking forward to
making some changes and suggested modifications to the Ethics Code itself. City Attorney Goren
responded to a few questions from Commissioner Bushnell and Mayor Dressler.
4. CITY MANAGER REPORT: City Manager Cernech wished Mayor Dressler a Happy Birthday
and said that Commissioner Bushnell mentioned the wonderful article about the Chess Challenge
and commented that there was a very good picture of her in the Forum. City Manager Cernech
wished everyone a Happy New Year.
City Manager Cernech reported that the City received notice from the National Endowment for the
Arts that our proposal for an "Our Town" grant was successfully awarded in full, in the amount of
Page 2 of 6 REGULAR COMMISSION MEETING September 24, 2014
$25,000, which will be used for architectural design of a public art structure for Sunset Pointe
Park.
Upcoming Events: City Manager Cernech reported there will be a free viewing of the movie "Hotel
Transylvania" on September 26th at the Sports Complex with activities starting at 6:30 p.m. and
the movie starting at 7:30 p.m.
Past Events: City Manager Cernech said about 100 people attended the Public Art Unveiling on
September 11th at City Hall; the Zumba Dance Party on September 19th had 65 participants; the
annual "Play Day" on September 18th had about 400 participants and the Ribbon Cutting for the
Synthetic Turf Field on September 23rd, followed by a youth soccer game, was well attended. City
Manager Cernech congratulated Parks & Recreation Director Warner for doing an excellent job
overseeing the growth of the Sports Complex.
City Manager Cernech commented everyone is working hard to make sure that the Colony West
Golf Club's first full season will be successful and Billy Casper has done an excellent job in
marketing the facility.
City Manager Cernech said that there have been a number of articles in the newspaper lately
dealing with cities that have run into problems as they failed to properly follow procedures and
processes. This has caused staff to look at some things we do here internally and make sure that
the processes and procedures we have in place are followed. We have looked at what other
people have done unsuccessfully to make sure we are doing it properly. City Manager Cernech
commented that Purchasing/Contracts Manager Glatz does an excellent job of making sure we
are performing the way we are supposed to and staff works hard to make sure that Tamarac is
not the subject of an IG investigation.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Don Anthony, Animal Rights Foundation of Florida, and Hallandale Beach
Commissioner Michele Lazarow urged the Commission to pass an ordinance banning the sale of
commercially bred pets; Joel Davidson, 4608 Norfolk Island Pine Drive, thanked everyone
involved in getting the Adopt -a -Street Program restarted and spoke about voter registration cards.
Mayor Dressler thanked Mr. Davidson for his service to the Kiwanis Club and to the Tamarac
Community. Commissioner Bushnell asked if there was anything the Commission needed to do
regarding puppy mills and City Attorney Goren responded that staff is already working on it. With
no one else wishing to speak, Mayor Dressler closed the public hearing.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech responded that there were
no changes/additions to the Consent Agenda. Vice Mayor Gomez seconded by Commissioner
Bushnell moved approval of the Consent Agenda. Motion passed unanimously (5-0).
a. Approval of the September 10, 2014 Regular Commission Meeting Minutes - Approved
b. Approval of the September 12, 2014 Special Commission Meeting Minutes - Approved
c. TR12536 - Approval of Change Order to the Agreement with Prestige Property Management
Services for Grounds Maintenance: A Resolution of the City Commission of the City of Tamarac,
--- Florida, to approve Change Order Number 1 to the Agreement with Prestige Property
Management and Maintenance, Inc. for landscape maintenance services of certain public rights -
of -way and city parks; authorizing an amount not to exceed $82,500 to be added to the Contract
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for variable cost services for a total annual cost of $1,084,200; providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION R-2014-95
d. TR12543 - Midway Plaza - Delegation Request: A Resolution of the City Commission of the
City of Tamarac, Florida, approving the request of Manuel Synalovski, of Synalovski, Romanik,
Saya LLC, designated agent for the property owners, DDRM Midway Plaza LLC, to amend the
Plat note on the existing Midway Plaza Plat (A Portion of Parcel "A" of Midway Plaza" according
to the Plat thereof as recorded in the Plat Book 126, Page 14 of the Public Records of Broward
County, Florida as further described in Exhibit "A" attached hereto; (Case No. 3-P-14); providing
for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2014-96
e. TR12552 - Second Amendment to the Agreement Between the City of Tamarac and Goren,
Cherof, Doody and Ezrol Providing for City Attorney Services: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials, to approve
and execute the attached second amendment to agreement for legal services by and between
the City of Tamarac and the Law Firm of Goren, Cherof, Doody & Ezrol, P.A.; providing for
conflicts; providing for severability; and, providing for an effective date.
RESOLUTION R-2014-97
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
City Attorney Goren announced that the two items on Ordinances — First Reading should have
been listed as Quasi -Judicial items and added that both have been properly advertised as Quasi -
Judicial items. City Attorney Goren said since 8(a), 8(b) and 11(a) are companion items all
affected parties will be sworn in together; however, each item will be addressed and voted on
separately.
a. T02306 - Chelsea Place - Small Scale Land Use Plan Amendment: An Ordinance of the City
Commission of the City of Tamarac, Florida, adopting an Amendment to the City of Tamarac's
Comprehensive Plan in accordance with Chapter 163, specifically Section 163.3184(1)(c) of the
Florida State Statutes, concerning a Small Scale Land Use Plan Amendment application
proposed by Scott Backman, Esq., of Dunay, Miskel, Backman & Blattner, LLP, designated agent
for the property owners, Woodlands THJV LLC, c/o Perry Ventures, LLC, and Alliance PJWE Ltd
Partnership, c/o Alliance Tax Advisors; to change the future land use designation of a portion of
the subject properties from "Recreation" to "Low Density Residential" to accommodate the future
development of a total of sixty-eight (68) townhome dwelling units for 0.59 acres of land
specifically effected, on the north side of West Commercial Boulevard on a section of the NW 59
Avenue private drive and a segment of the parcel on the west side of NW 59 Avenue, addressed
as 5981 West Commercial Boulevard (Case No. 1-LUA-14); providing for amendment to the land
use plan to reflect such change; providing for conflicts; providing for severability; and providing for
an effective date. City Attorney Goren went over the Quasi -Judicial proceedings and said any
documents submitted for these items become part of the record. City Clerk Teufel swore in all
affected parties for items 8(a), 8(b) and 11(a). City Attorney Goren read T02306 by title into the
record. Vice Mayor Gomez seconded by Commissioner Placko moved approval of T02306 on
first reading.
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The Commission revealed ex parte conversations as follows: Commissioner Bushnell - Scott
Backman; Commissioner Placko — Scott Backman; Vice Mayor Gomez — Scott Backman;
Commissioner Glasser — Scott Backman; and Mayor Dressler — Scott Backman.
Community Development Director Maxine Calloway appeared and gave staff's presentation, a
copy of which is on file in the City Clerk's office, and ended by saying that the Planning Board and
staff recommends approval of T02306. Attorney Scott Backman appeared on behalf of the
applicant.
Mayor Dressler opened the public hearing and with no one wishing to speak, closed the public
hearing.
Motion Passed unanimously (5-0).
PASSED ON FIRST READING SEPTEMBER 24, 2014
b. T02307 - Chelsea Place — Rezoning: An Ordinance of the City Commission of the City of
Tamarac, Florida, amending prior zoning of certain real estate property otherwise known as
Chelsea Place from R-1 C (Single -Family Residential Districts) to R-3 (Low Density Multifamily
District); for the subject property located on the North side of West Commercial Boulevard, on the
east and west sides of Northwest 59 Avenue, at 5931 and 5981 West Commercial Boulevard;
(Case No. 2-Z-14); providing for amendment to the Official Zoning map to reflect such change;
providing for conflicts; providing for severability; and providing for an effective date. Attorney
Goren read T02307 by title into the record. Vice Mayor Gomez seconded by Commissioner
Placko moved approval of T02307 on first reading. 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 recommends approval of T02307 on first reading.
Attorney Scott Backman appeared on behalf of the applicant.
Mayor Dressler opened the public hearing and with no one wishing to speak, closed the public
hearing.
Motion Passed unanimously (5-0).
PASSED ON FIRST READING SEPTEMBER 24, 2014
9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting
10. ORDINANCE(S) - SECOND READING: There were no Ordinance(s) Second Reading
scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S):
a. TR12542 - Chelsea Place - Reserve Units: A Resolution of the City Commission of the City of
Tamarac, Florida, approving a Reserve Unit petition to allow for the allocation of twenty-six (26)
reserve units from Flex Zone 64 to increase the residential density permitted on the subject
properties from forty-two (42) to sixty-eight (68) dwelling units for properties located on the north
side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and
5981 West Commercial, as further described in Exhibit "A" attached hereto, in accordance with
the City of Tamarac Comprehensive Plan; (Case No. 1-RU-14); providing for conflicts; providing
for severability; and providing for an effective date. Commissioner Placko seconded by Vice
Mayor Gomez moved approval of TR12542. City Attorney Goren read TR12542 by title into the
record. Community Development Director Calloway appeared and gave staff's presentation, a
Page 5 of 6 REGULAR COMMISSION MEETING September 24, 2014
copy of which is on file in the City Clerk's Office, and ended by saying the Planning Board and
staff recommends approval of TR12542. Attorney Scott Backman appeared on behalf of the
applicant.
Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public
Hearing.
Motion passed unanimously (5-0).
RESOLUTION R-2014-98
b. TR12544 - Sabal Palm North - Vacation of Easement: A Resolution of the City Commission of
the City of Tamarac, Florida, approving a Vacation of Easement petition in an effort to vacate a
utility easement for the subject property located in a parcel of land located between Florida's
Turnpike and Rock Island Road, north of Commercial Boulevard as further described in the legal
description attached hereto; (Case No. 2-P-14); providing for conflicts; providing for severability;
and providing for an effective date. City Attorney Goren read TR12544 by title into the record.
Commissioner Bushnell seconded by Vice Mayor Gomez moved approval of TR12544. City
Attorney Goren went over the Quasi -Judicial proceedings and said any documents submitted for
this item become part of the record. City Clerk Teufel 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 recommends
approval of TR12544. Attorney Scott Backman appeared on behalf of the applicant.
Mayor Dressler opened the Public Hearing and the following individual spoke: Ed Lally, 4980 E.
Sabal Palm Blvd., objected to the vacation of easement. Ms. Calloway and Mr. Backman
addressed Mr. Lally's concerns. With no one else wishing to speak Mayor Dressler closed the
Public Hearing.
Motion passed unanimously (5-0).
RESOLUTION R-2014-99
12. OTHER: There being no further business to come before the City Commission, Mayor
Dressler adjourned the meeting at 11:08 a.m.
arty Dressler, Mayor
Patricia Teufel, MC
City Clerk
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