Loading...
HomeMy WebLinkAbout2014-10-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, OCTOBER 8, 2014 CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City of Tamarac to order at 7:03 p.m. on Wednesday, October 8, 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: Commissioner Glasser led the Pledge of Allegiance. Mayor Dressler asked for a moment of silence in memory of Shelly Solomon who passed away recently. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Harry Dressler proclaiming October 2014 as "Domestic Violence Awareness Month". (Requested by Mayor Harry Dressler). b. Presentation of a proclamation by Mayor Harry Dressler proclaiming the week of October 6-101 2014 as "Customer Service Week". (Requested by the Tamarac's Customer Focus Employee Team) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Commissioner Bushnell thanked the Mayor for putting the Domestic Violence Awareness proclamation on the agenda. Commissioner Bushnell talked about the deaths of Shelly Solomon and Willie Span, the veteran that was killed earlier this week while crossing Commercial Blvd. in an attempt to get to the VA facility and noted that we have been working on making that road safer for a long time. Commissioner Bushnell said she attended the Pink Tea Luncheon on October 1st; the CERT scavenger hunt on October 7th and invited people to join the CERT Team. Commissioner Bushnell thanked Commissioner Placko for arranging the COPS picture event last week. b. Vice Mayor Gomez: Vice Mayor Gomez thanked the residents for coming to the meeting tonight and said she has been busy attending various HOA and COA meeting these past two weeks. Vice Mayor Gomez said she attended the Broward League of Cities Delegation meeting, the employees' appreciation luncheon and added that she will be attending the Kiwanis Installation dinner tomorrow evening. c. Commissioner Glasser: Commissioner Glasser stated that she is the Vice Chair of the Advisory Council for the ADRC in Broward County and recently they had people visit from the Department of Elder Affairs to monitor the ADRC and what they are accomplishing and the Page 1 of 8 REGULAR COMMISSION MEETING October 8, 2014 ADRC did very well. Commissioner Glasser noted that Edith Lederberg received justly deserved accolades from the Department of Elder Affairs. d. Commissioner Placko: Commissioner Placko said. the COPS program is successful because of the residents who are in the program and noted that three, members went to 33 associations to distribute literature. Commissioner Placko attended the WHOA meeting recently and talked about the Adopt -A -Street program being restarted and was pleased to report that they signed up to adopt a street. e. Mayor Dressler: Mayor Dressler said he and Assistant Public Works Director John Doherty attended a meeting regarding the death of Willie Span the veteran who was killed while he was crossing Commercial Blvd. to get to the VA facility. Mayor Dressler thanked Assistant Public Works Director Doherty for summarizing the salient points of the meeting which Mayor Dressler read into the record and are attached hereto and incorporated herein. Mayor Dressler said Tamarac has a para-transit system that people can schedule pickups and drop offs to facilities such as the VA facility. Mayor Dressler said Dr. Greenberg has been. asking for a sign similar to the blue ones for hospitals; however, the requests have been denied. Mayor Dressler ended by saying he hopes there will be some kind of resolution to this dangerous situation in the near future. 3. CITY ATTORNEY REPORT: a. Conflict of Interest for City Employee Milagritos Lopez: Disclosure of review of any conflict of interest for City employee Milagritos Lopez's receipt of funds pursuant to the Cit 's Home p p y Rehabilitation Program, as required by Title 24 Section 570.661. City Attorney Goren said in the backup is an item which he brings to the Commission's attention for their support. A memo was provided regarding city employee Milagritos Lopez who has applied for a Home Rehabilitation Loan through the City's programs. The memorandum states that it requires the City Attorney to clarify for both the government agencies who fund this obligation to disclose the fact that there are no conflicts of interest or violation of State or Federal law. City Attorney Goren said Ms. Lopez qualifies for the loan, she works in the Building Department and legally applied for the application and the loan proceeds regarding the Home Rehabilitation Program. City Attorney Goren said the memo goes on to state that we do not find that she doing business with her own agency, no implication or violation of misuse of public office and that her being granted a loan is not and cannot be treated as unlawful compensation. The consequence of which she does not have a conflict of interest and is not taking a gift from the City as there is a repayment obligation over time and conditions that apply to home loans provided for by the City. City Attorney Goren said the only difference between this discussion that we are having on the record and a discussion that would not be on the records is because Ms. Lopez works for the City of Tamarac and met all the qualifications and requirements and there is no conflict with State or Federal law. City Attorney Goren offered the memorandum into the record and asked the Mayor and Commission to accept it by Motion so that Ms. Lopez can pursue with closing out her loan. Vice Mayor Gomez seconded by Commissioner Placko moved acceptance of the City Attorney's recommendation that the NSP related activity does not represent a conflict of interest or misuse of public office. Motion passed unanimously (5-0). Page 2 of 8 REGULAR COMMISSION MEETING October 8, 2014 f City Attorney Goren said if anyone on the Commission is in need of ethics credits his firm will be sponsoring a 4-hour ethics training seminar on Thursday, November 13th from 9:00 a.m. to 1:00 p.m. at North Lauderdale City Hall, 701 SW 71 St Ave., North Lauderdale, FL. City Attorney Goren provided an update on the annual report obligation that the OIG must produce per the County Charter and to make himself available to the Selection and Qualifications Committee. There will be a combined meeting either on December 3`d, 4th or 5tn which will consist of a presentation by Mr. Scott on his annual performance as well as the annual report of his office and his review. City Attorney Goren said it is expected that at the meeting the League of Cities will be invited to comment on the performance of Mr. Scott and talk about anything in the report that would concern them. City Attorney Goren said he will be present during Mr. Scott's presentation as the IG is undertaking a review of lobbying contacts and how it is interpreted under the Broward County Ethics Code. City Attorney Goren said that as a City Attorney his firm is preparing a response to the IG's Office with regard to the proposed guidelines regarding lobbying contacts. City Attorney Goren said his interpretation is that Tamarac is in full compliance with the County Charter and has the appropriate contact material in the City Clerk's Office. City Attorney Goren said that he will keep the Mayor and Commission apprised of the issue. 4. CITY MANAGER REPORT: City Manager Cernech said beginning the first week in November the Building Dept. will be mailing postcards to residents and businesses doing permitted work at each stage of the permitting process in order to keep customers updated as to the status of their permits and methods of obtaining additional information on the permit process. City Manager Cernech said Tamarac's E-permits program is getting attention among other organizations and staff will be making presentations on October 16th to a group of building officials from around the County as well as members of the Broward League of Cities. City Manager Cernech said starting next week touch screen tablets with cellular data service will be in the hands of our building inspectors and code enforcement officers providing greater flexibility in mobility and connectivity while the users are outside of their vehicles. City Manager Cernech said in the past staff has spoken to the Commission about the transition to the E-permit system and with the feedback we have received Chief Building Official Grande is diligently reviewing the information to make system adjustments and will continue to address any issues with the system. Upcoming Events: City Manager Cernech said the Tamarac Chamber of Commerce Taste of Tamarac event will be held on Saturday, October 18th from 11:30 a.m. to 3:00 p.m. at the Community Center featuring 50 vendors, 30 food services, a kids fun zone and an exotic car display. Tickets are $8 for adults, $4 for children 6-12 and kids under -6 are free. City Manager Cernech said Tamarac is partnering with University Hospital for free flu shots for Tamarac residents. The shots will be administered at University Hospital on Thursday, October 30, 2014 from 8:30 a.m. to 12:00 p.m. by appointment only, please call 954-597- 3642 to schedule an appointment. City Manager Cernech said the Synthetic Turf Field Ribbon Cutting was a great success and invited people to stop by the Sports Complex to view the new addition to the park. City Manager Cernech said in December traffic calming speed bumps are schedule to be installed along NW 84th Terrace between NW 57th Str. and NW 61 gt St. Page 3 of 8 REGULAR COMMISSION MEETING October 8, 2014 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke about the necessity of having traffic calming speed bumps installed on their streets and their frustration with the process in obtaining them: Art Rose, Ellie Petardi, Barbara Osborne, Charles Johnson, Terrie Trent, Angelica Negron and Linda Harrell. A copy of the signup sheet with pertinent information on the speakers is on file in the City Clerk's Office. Mr. Mel Dubin, 7413 Fairfax Drive, appreciated the condolences the Commission extended to the family of Willie Span and spoke of a wonderful experience he had when visiting Sunset Point Park with his grandchildren recently. Vice Mayor Gomez said that the process for obtain traffic calming measures would be addressed at a future workshop and added staff will look into the matter. Commissioner Bushnell said this problem mainly affects District 1 and 2 as when those homes were built they were built for retirees and the people. that came forward tonight will need to be aware that they will be the poster child for speed calming measures. 6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any changes/additions to the Consent Agenda and City Manager Cernech advised that there were no changes/additions to the Consent Agenda. Mayor Dressler said that at the Workshop on Monday Item 6(fl on the Consent Agenda was discussed and at that time the Commission disclosed that no one had a conflict of interest with the principals of Clarion Associates. Commissioner Bushnell seconded by Vice Mayor Gomez moved approval of the Consent Agenda. Motion passed unanimously (5-0). a. Approval of the September 22, 2014 Special Commission Meeting Minutes - APPROVED b. Approval of the September 24, 2014 Regular Commission Meeting Minutes - APPROVED c. TR12546 - IIT Tamarac Commerce Center II: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept and execute a Water and Sewer Developer's Agreement with IIT Tamarac Commerce Center II, LLC., for the IIT Tamarac Commerce Center II Project, located at 6201 N. Nob Hill* Road, requiring 8 ERC's for water and 8 ERC's for sewer; requiring the payment of $31,200.00 in CIAC fees; 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-2014-100 d. TR12547 - IIT Tamarac Commerce Center III: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept and execute a Water and Sewer Developer's Agreement with IIT Tamarac Commerce Center III, LLC., for the IIT Tamarac Commerce Center III Project,. located at 6900 Hiatus Road, -requiring 8 ERC's for water and 8 ERC's for sewer; requiring the payment of $31,200.00 in CIAC fees; 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-2014-101 e. TR12548 - Tamarac Lakes South Buffer Wall Installation Project: A Resolution of the City Commission of the City of Tamarac, Florida, approving execution of Task Authorization No. Page 4 of 8 REGULAR COMMISSION MEETING October 8, 2014 014-15E with Stantec Consulting Services Inc. to provide professional engineering services for the design and permitting of the Tamarac Lakes South Buffer Wall Project, in accordance with the City's continuing service agreement as authorized by Resolution R-2011-87; authorizing an expenditure for said purpose in an amount not to exceed $93,820.00; authorizing an appropriation of $93,820.00; providing for conflict; providing for severability; and providing for an effective date. RESOLUTION R-2014-102 f. TR12550 - Land Development Ordinance & Master Plan Update Agreement: A Resolution of the City Commission of the City of Tamarac, Florida, approving the award of Request for Proposal #14-17R, and execution of an agreement to provide Land Development Regulation Re -write & Comprehensive Plan update services to Clarion Associates, LLC in the amount of $175,925, authorizing an appropriation of $175,925; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2014-103 g. TR12551 - BSO Permit for Special Details in FY 15: A Resolution of the City Commission of the City of Tamarac, Florida,, authorizing the appropriate City Officials to execute a Broward Sheriffs Office Permit Application for Special Details for police services to be used by the Parks and Recreation Department in an amount not to exceed $69,590 in FY15, October 1, 2014-September 30, 2015; approving funding from the appropriate parks and recreation accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014-104 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) -FIRST READING: There were no Ordinances —First Reading scheduled for this meeting: 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) -SECOND READING: There were no Ordinances —Second Reading Scheduled for this meeting. 11. QUASI-JUDICIAL HEARING(S): City Attorney Goren said all five Quasi -Judicial items are related to the same applicant and the same project. City Attorney Goren asked if it the Commission would allow him to read all. five items by title into the record at once; however, he noted that all five items would be deliberated on and voted on separately. City Attorney Goren went over the Quasi -Judicial proceedings. Commissioner Bushnell seconded by Vice Mayor Gomez moved approval to have City Attorney Goren read all five items into the record. City Attorney Goren read T02036- Chelsea Place — Small Scale Land Use Plan Amendment; T02307 — Chelsea Place — Rezoning; TR12553 — Chelsea Place — Plat; Temp. Board Order No. 04 — Chelsea Place — Limited Parking Waiver and TR12554 — Chelsea Place — New Development Site Plan by titles into the record. City Clerk Teufel swore in all affected parties and City Attorney Goren said all documents are made part of the proceedings. Page 5 of 8 REGULAR COMMISSION MEETING October 8, 2014 Exparte Disclosure: Vice Mayor Gomez said that she had spoken via telephone with Scott Backman and Craig Perry as well as exchanged emails regarding tonight's Quasi -Judicial items. City Attorney Goren said that for the record when lobbyists' interview in City Hall the burden of disclosure is on the lobbyist and not on the Commission Member; however, when a Commission member has contact with a lobbyist outside of City Hall the burden is on the Commission member. City Attorney Goren said lobbying contacts can be through electronic mechanisms, i.e. emails, phone calls etc. and the law requires that the public official disclose the lobbying event within 10 days of the lobbying event but no later than the date of the vote. City Attorney Goren said we can do one of two things: we can be conservative and do a 5 minute recess and Vice Mayor Gomez can go to the Clerk's Office and file the disclosures this evening before voting on the subject matter and she will be legally compliant; the second option is that the Vice Mayor can disclose, as she has just done, vote this evening and file the disclosure tomorrow nunc pro tunc. City Attorney Goren said the second option is also legally acceptable as a viable option. Vice Mayor Gomez asked for a 5 minute recess in order to file the necessary disclosure documents. Mayor Dressler recessed the meeting at 8:31 p.m. and reconvened the meeting at 8:44 p.m. with all present as before. 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. Vice Mayor Gomez seconded by Commissioner Glasser moved approval of T02306 on second reading. Community Development Director Calloway appeared on behalf of the City and 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 PASSED ON SECOND READING OCTOBER 8, 2014 ORDINANCE NO.O-2014-14 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 Page 6 of 8 REGULAR COMMISSION MEETING October 8, 2014 map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Gomez seconded by Commissioner Glasser moved approval of T02307 on second reading. Community Development Director Calloway appeared on behalf of the City and 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 PASSED ON SECOND READING OCTOBER 8, 2014 ORDINANCE NO. 0-2014-15 c. TR12553 - Chelsea Place Plat: A Resolution of the City Commission of the City of - Tamarac, Florida, granting Plat approval for the "Chelsea Place Plat", to allow for final Plat approval (with conditions) for the property known as Chelsea Place to allow for the improvement of the subject properties into a sixty-eight (68) unit townhouse development as requested by Scott Backman, Esq., of Dunay, Miskel, Backman & Blattner, LLP, and Jonathan Keith, P.E., designated agents for the property owner, Woodlands THJV, LLC, c/o Perry Ventures, for the 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 Boulevard; (Case No. 1-P-14); providing for conditions of approval; providing for execution of said plat; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Bushnell seconded by Commissioner Placko moved approval of TR12553. Community Development Director Maxine Calloway appeared and gave staffs presentation, g a copy of which is on file in the City Clerk's office, and ended by saying that staff recommends approval of TR12553. 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-2014-105 d. Temp. Board Order No. 04 -Chelsea Place: Limited Parking Waiver Temporary Board Order 04 -Approval of a Limited Parking Waiver petition from Section 24-578(a)(8) of the Code of Ordinances to allow the NW 58 Lane cul-de-sac to measure a distance of fifteen(15) feet from the West Commercial Boulevard right-of-way where a minimum distance of twenty- five (25) feet is required between the right-of-way line and parallel interior drives and from section 24-580(b) (2) of the. Code of Ordinances to allow parking spaces within the townhouse unit driveways at eight (8) feet in width where nine (9) feet in width is required. Vice Mayor Gomez seconded by Commissioner Placko moved approval of TBO-04. Community Development Director Maxine Calloway appeared and gave staffs presentation, a copy of which is on file in the City Clerk's office, and ended by saying that the Planning Board and staff recommend approval of T60-04. Attorney Scott Backman appeared on behalf of the applicant and said the applicant agrees with all the conditions of approval. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (5-0). BOARD ORDER 2014-04 Page 7 of 8 REGULAR COMMISSION MEETING October 8, 2014 e. TR12554 - Chelsea Place - New Development Site Plan: A Resolution of the City Commission of the City of Tamarac, Florida, granting New Development Site Plan approval (with conditions) for the Chelsea Place townhouse development project, to allow for the construction of a sixty-eight (68) unit townhouse development, for the subject properties located on the north side of West Commercial Boulevard and on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard (specifically a portion of Tract 14, of Fort Lauderdale Truck Farms of Section 11, Township 49 South, Range 41 East, according to the Plat thereof as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida) (Case No. 9-SP-14); providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Gomez seconded by Commissioner Bushnell, moved approval of TR12554. Community Development Director Maxine Calloway appeared and gave staffs presentation, a copy of which is on file in the City Clerk's office, and ended by saying that staff recommends approval of TR12554. Attorney Scott Backman appeared on behalf of the applicant and said the applicant agrees with all the conditions of approval. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing Motion passed unanimously (5-0). RESOLUTION R-2014-106. 12. OTHER: There being no further business to come before the City Commission, Mayor Dressler adjourned the meeting at 9:14 p.m. Harry D&ssler, Mayor µ Patricia Ti Pity."Cle-rk Page 8 of 8 REGULAR COMMISSION MEETING October 8, 2014 Pat Teufel Ohl: Harry Dressler Sent: Friday, October 10, 2014 5:00 PM To: Subject: Attachments: As requested Sent from my iPhone Begin forwarded message: Pat Teufel Fwd: VA Clinic Meeting Summary image001 Jpg; ATT00001.htm; VA_CUNTC.PDF; ATT00002.htm; image003.jpg; ATT00003.htm From: "John Doherty" <John.Dohert tamarac.or > To: "Michael Cernech" <Michael.Cernech9tamarac.org> Cc: "Harry Dressler" <Harry.Dresslergt_ amarac.org>, "Jack Strain" <Jack.Straingtamarac.org>, "Diane Phillips" <Diane.Phillips@tamarac.org>, "Elise Boston" <Elise.Boston(a�arac.org> Subject: VA Clinic Meeting Summary Mike, gft In summary, the County (Broward County Traffic Engineering) maintained their position that the proposed pedestrian crossing does not meet the necessary warrants as established through the federal guidelines. Therefore, the pedestrian crossing will not be supported. Once that was established, there was a good general discussion on steps/recommendations that could be implemented to prevent any further tragedies. The following is a list of action items from today's meeting: • Broward County, through the Broward County Transit, will take steps to remove the existing bus stop located on the north side of Commercial Blvd., East of the VA Clinic Entrance. Removing this bus stop will eliminate all west bound bus stops in front of the clinic and encourage Veterans and VA Clinic Employees to use the bus stop on Nob Hill Road, directing these individuals to utilize the existing crosswalk at Nob Hill and Commercial. • As this is a full bus stop with a bus storage lane, the County will initially stripe out the storage lane and work with the City of Tamarac on the removal of the storage lane and associated curbing. This bus stop is located within City right-of-way. • Broward County will investigate the possibility of altering the current west bound bus route to go past the VA Clinic, through the existing church parking lot, and back out to Nob Hill Road (see attached sketch). • Broward County has requested that the City place information regarding the County's Para - Transit System on the City's web -site. • Broward County will investigate providing Veteran's a discounted rate on their para-transit 1 14 ({> system. • Somewhat unrelated, Dr. Greenburg, from the VA Clinic, requested support from the Cities, the County and the MPO regarding the placement of information/directional signs within the respective right-of-ways. He has had difficulty with this in the past (not from Tamarac). As usual, please do not hesitate to contact me with any questions. Regards, [COT—RGB—Signature—FINAL.jpg] John E. Doherty, P.E. Assistant Director of Public Works/City Engineer City of Tamarac, Public Services Department 6011 Nob Hill Road, Second Floor, Tamarac, FL 33321 Tel: 954-597-3706 Fax: 954-597-3710 www.tamarac.or <httE//www.tamarac.or.a/> 0 2