HomeMy WebLinkAbout2014-12-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, DECEMBER 10, 2014
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City
of Tamarac to order at 7:00 p.m. on Wednesday, December 10, 2014 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Pamela Bushnell, Commissioner Michelle J.
Gomez, 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: Mayor Dressler led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Harry Dressler proclaiming December 10, 2014
as "Alvin Entin Day". (Requested by Mayor Harry Dressler)
2. CITY COMMISSION REPORTS:
a. Vice Mayor Bushnell: Vice Mayor Bushnell reported that she attended the following events:
Employee Health Fair; Swearing In Ceremony; Special Commission Workshop regarding the
status of the Colony West Golf Course; Special Commission Workshop regarding the Land
Development Rewrite; Holiday Lighting Ceremony; Oversight Committee Meeting reviewing
the Inspector General's job performance and renewal of his contract; Tamarac Elementary
40th Anniversary event; Pioneer Day honoring Paul Kelly; COPS patrol of the new Mainlands
Park; Claws and Paws event; Tamarac Volunteer Luncheon; the annual Employee Holiday
Luncheon and the Special Shade Session regarding the Resource Recovery Board litigation.
b. Commissioner Gomez: Commissioner Gomez reported that she attended many of the
same events reported by Vice Mayor Bushnell. Commissioner Gomez commented that she
successfully completed the Turkey Trot in 2 hours and thanked everyone involved in making
the event a success and noted that a couple even got engaged at the finish line.
Commissioner Gomez thanked Commissioner Stacy Ritter for appointing her to the Broward
County Planning Council and said she is looking forward to working with the Council.
Commissioner Gomez reported that she attended the following events: Chamber breakfast;
Claws and Paws event; Ocello's 50th Anniversary celebration; the Chamber Gala and the
Lime Bay Bingo night. Commissioner Gomez noted that it is amazing how much staff works
to create an event and after the event how quickly the facility is transformed back to its
original clean condition. Commissioner Gomez wished everyone a Happy and Healthy
Holiday.
c. Commissioner Glasser: Commissioner Glasser said she also attended many of the events
mentioned by her colleagues and commented that the students that entertained people at the
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Holiday Lighting Ceremony were absolutely wonderful. Commissioner Glasser wished
everyone a Happy and Healthy Holiday and a Happy and Healthy New Year.
d. Commissioner Placko: Commissioner Placko said she also attended many of the events
already mentioned. Commissioner Placko announced that she was appointed by
Commissioner Stacey Ritter to the Broward County Community Action Agency Advisory
Board and already attended their first meeting. The Committee reviews and approves two
Broward County grants; low income home energy assistance program and community
service block grant to help people pay rent or mortgage payments and trains people to be
self-sufficient. Commissioner Placko encouraged people to have anyone they know to
contact her if they need assistance in these two areas.
Commissioner Placko wished everyone a Happy and Safe Holiday Season. Commissioner
Placko cautioned people not to put large purchase boxes such as TV's out at the street for
pick up but instead to break them up and put them inside the recycle container as it is safer
and will not attract unwanted attention.
e. Mayor Dressler: Mayor Dressler said he is a Director of the Broward League of Cities and
wanted to report that one of issues the Broward League of Cities brought up at last week's
meeting was discussion about the Inspector General's Annual Report as well as issues
raised by other cities in the League in a letter from Hollywood Vice Mayor and Broward
Legaue of Cities President Patricia Asseff to the IGO and Selection and Oversite Committee.
Mayor Dressler talked about Commission members being appointed or delegated to county-
wide and national committees in conjunction with their responsibilities to the City of Tamarac.
City Attorney Goren said he had the letter from Vice Mayor Asseff and asked if he could
address the key issues raised. City Attorney Goren said the letter addressed the IGO's
interpretation of the lobbying and disclosure obligations of City Commission Members with
Lobbyists; local government attorneys' attendance at the Inspector General's reviews; due
process regarding gross mismanagement; clearing house relationship that the IGO has,
preliminary reports and releases to the media, safe harbor opinions and the Ethics Code.
City Attorney Goren said at a recent meeting Assistant Broward County Attorney Drew Myers
talked about a white paper issued in April 2014 and those provisions in that paper will be
considered by the County Commission, the Broward League of Cities and the Ethics Task
Force and indicated that he is not interested in changing the Charter regarding an Ethics
Czar. City Attorney Goren advised that the Inspector General's contract was extended
another four years. Vice Mayor Bushnell said the Inspector General has investigated two or
three cases which were technical interpretations of what an elected official is allowed or not
allowed to do. Mayor Dressler asked City Attorney Goren to distribute copies of Vice Mayor
Asseff's letter to the entire Commission.
3. CITY ATTORNEY REPORT: City Attorney Goren said that today's Shade Session
regarding the Resource Recovery Board litigation was simply to seek direction and advice
from the Commission. City Attorney Goren advised that the second Shade Session regarding
the Red Light Camera litigation, which was also noticed, was cancelled because the City had
not yet been served with the lawsuit. City Attorney Goren said he is asking the Commission
for a Shade Session regarding the Red Light Camera litigation at some future time once the
City is served to seek direction and guidance on that litigation. Vice Mayor Bushnell
Page 2 of 7 REGULAR COMMISSION MEETING November 12, 2014
seconded by Commission Gomez moved approval of a future Shade Session regarding the
Red Light Camera litigation. Motion passed unanimously (5-0).
City Attorney Goren wished everyone a Happy and Healthy Holiday season.
4. CITY MANAGER REPORT: City Manager Cernech wished everyone a Happy Holiday
Season. City Manager Cernech announced that the City is currently accepting applications
for Tamarac University, which is a seven week program beginning on March 17tn
Applications are located at the back of the Chambers and are online at www.tamarac.org and
must be submitted by January 30, 2014.
City Manager Cernech reported that Tamarac has been recognized as a "Champion of
Workplace Learning" for the 10tn consecutive year by the Florida Chapter of the Association
of Talent Development. Tamarac received the Gold Award which recognized the City's
accomplishments in creating tools that enable employees to see how their jobs link to the
City's Strategic Goals and the goals of the individual departments. City Manager Cernech
thanked Training Specialist Kay Reinert for her long term commitment and dedication to
workplace learning.
Upcoming Event: Rudolph's Winter Wonderland will take place at Tamarac Park on Friday,
December 12tn from 6*00 p.m. to 8:00 p.m.
Past Events: The Tamarac Turkey Trot on Thanksgiving morning had 1,660 participants and
400 people attended the Holiday Lighting Ceremony.
5. PUBLIC PARTICIPATION: Mayor Dressler went over the Public Participation procedures
and how it would be conducted. Mayor Dressler opened Public Participation and the following
individuals expressed their concerns about the proposed charter high school at the Sports
Complex across from Kings Point: Tony Sutera, Diana Metasky, Steve Levine, Howard
Sternberg, , Barry Aronson, Sharon Baron, Stan Rosen, Carolee Lucenti, Harry Higgins,
Adrienna Buscaglia, Norton Blumberg and Alan M. Stark. All pertinent information on the
speakers is on file in the City Clerk's Office. Mayor Dressler spoke of the Land Development
Process and encouraged people go to the City's website and review the code.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech said there were no
changes/additions to the Consent Agenda. Mayor Dressler said at the December 8tn
Workshop he asked for shared revenue information for TR12584 — Jeff Ellis Agreement and
he is entering the memo addressing the requested information into the record.
Commissioner Gomez seconded by Commissioner Glasser moved approval of the Consent
Agenda. Motion passed unanimously (5-0).
a. Approval of the November 12, 2014 Regular Commission Meeting Minutes - APPROVED
b. Approval of the November 17, 2014 Special Commission Meeting Minutes — APPROVED
c. Approval of the November 19, 2014 Special Commission Meeting Minutes — APPROVED
Page 3 of 7 REGULAR COMMISSION MEETING November 12, 2014
d. TR 12591 Approval of Pipe Bursting Project Utilizing Allied States Cooperative Bid: A
Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to accept and execute a Purchase Order 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
$405,500.47 for the replacement of 3108 linear feet of water main pipe together with
associated water service line pipes along NW 47th terrace between Commercial Boulevard
and Monterey Drive, a contingency of 10.0% or $40,550.05 will be added to the project
account for a total amount of $446,050.51; authorizing the appropriate City Officials to
administer the contract; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2015-129
e. TR12586 - MOU - Assistance to Firefighters Grant Program: A Resolution of the City
Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to
submit a regional grant application to the US Department of Homeland Security (DHS) via the
Federal Emergency Management Agency (FEMA) for Assistance to Firefighters Grant (AFG)
program funds in an amount not to exceed four million ($4,000,000) for firefighter personal
protective equipment; providing for a minimum ten percent (10%) match in local funds in an
amount not to exceed four hundred thousand ($400,000) in the event of approval of the
application, providing for acceptance of the grant award and execution of documents upon
legal review; authorizing the City of Tamarac to serve as lead agency applying for and
providing administration of the regional AFG grant in the event of approval of the application; —
providing for a Memorandum of Understanding between the City of Tamarac and the
Coalition of Cities applying for AFG funds pending legal review in the event of approval of the
application, providing for conflicts, providing for severability; and providing for an effective
date.
RESOLUTION R-2015-130
f. TR12585 - Pumper/Aerial Apparatus Purchase: A Resolution of the City Commission of the
City of Tamarac, Florida authorizing the acquisition of an E-One 78 foot Pumper/Aerial
Apparatus from Hall -Mark Fire Apparatus, Inc., based on the request for proposal process
(RFP) 15-01R; authorizing an additional appropriation in the amount of $31,575, providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2015-131
g. TR12588 - Glenn Weiss Contract Extension: A Resolution of the City Commission of the
City of Tamarac, Florida, approving the execution of an extension of agreement to provide
public art administration services to Glenn Weiss, public art administrator in the amount of
$59,562.00 nunc pro tunc from November 9, 2014 through December 31, 2015; authorizing
the appropriate city officials to execute the extension to Agreement Amendment #1 attached
hereto as Exhibit "1" and incorporated herein; providing for renewals; providing for conflicts;
providing for severability; and providing an effective date.
RESOLUTION R-2015-132
Page 4 of 7 REGULAR COMMISSION MEETING November 12, 2014
h. TR12557 - Tidan Plaza (aka Big Lots Plaza) First Amendment to the Water and Sewer
Developers Agreement: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to accept and execute a First Amendment to the
Water and Sewer Developer's Agreement with RM Tamarac Plaza, LP, for the Tidan Plaza
Project, located at 7501 N. University Drive, requiring an additional 8 ERC's for water and an
additional 8 ERC's for sewer; requiring an additional payment of $13,600.00 for water and
$17,600.00 for sewer; requiring a total additional 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-2015-133
i. TR12563 - Award of Bid No. 14-24B for the Tamarac Bikeways System Phase 3 Project: A
Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 14-24B
to and approving an agreement with Enco, LLC., for the Tamarac Bikeway/Walkway System
Project — Phase 3, beginning at Nob Hill Road heading East on NW 77th street to Pine Island
Road; continuing North from NW 77th Street on NW 96th Avenue to NW 81st Street;
continuing East from Nob Hill Road on NW 81st Street terminating at Pine Circle, in
accordance with Bid no. 14-24B for a contract amount of $1,304,020; a contingency in the
amount of $108,706 will be added to the project account, for a total project budget of
$118,547, authorizing an expenditure from the appropriate accounts; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2015-134
j. TR12584 - Agreement Amendment #1 with Jeff Ellis Management: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
execute Agreement Amendment #1 between the City of Tamarac and Jeff Ellis Management,
LLC, exercising the option to renew the Agreement to provide Swimming Pool Management
Services for the Caporella Aquatic Center, at a cost of $319,376.90 annually, plus shared
revenues, for a two-year period effective January 1, 2015-December 31, 2016; approving
funding from the appropriate accounts; providing for conflicts; providing for severability; and
providing an effective date.
RESOLUTION R-2015-135
k. TR12523 - Execution of RCMP Grant Agreement: A Resolution of the City Commission of
the City of Tamarac, Florida accepting and executing the grant agreement in the amount of
$233,000 from the Florida Division of Emergency Management Residential Construction
Mitigation Program for fiscal year 2014-2015; authorizing the appropriate City officials to
execute a grant agreement between the Florida Division of Emergency Management and the
City of Tamarac in the amount of $233,000 to improve storm resistance of residences in the
City of Tamarac; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2015-136
I. TR12587 - Revised Maintenance Agreement: Bus Shelter Grant.. A Resolution of the City
_._ Commission of the City of Tamarac, Florida approving a first amendment to the agreement
between Broward County and the City of Tamarac for the installation and maintenance of a
total of thirteen (13) bus shelters, providing for a 20% match in the amount of $100,360 in
Page 5 of 7 REGULAR COMMISSION MEETING November 12, 2014
connection with the Broward County Bus Shelter Grant program; authorizing the appropriate
City officials to execute the first amendment to agreement attached hereto as Exhibit "2" and
incorporated herein; providing for conflicts; providing for severability; and providing for an
effective date. _
RESOLUTION R-2015-137
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. TO2313 - General Employees Window Period for Early Retirement: An Ordinance of the
City Commission of the City of Tamarac, Florida; amending Chapter 16, Pension and
Retirement, Article III, Employees' Pension Plan, providing for a normal retirement option for
a limited time period for eligible participants, providing for a savings clause; providing for
severability; providing for codification and providing for an effective date. City Attorney Goren
read TO2313 by title into the record. Commissioner Gomez seconded by Commissioner
Placko moved approval of TO2313 on first reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING DECEMBER 10, 2014
9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting.
10. ORDINANCE(S) -SECOND READING:
a. TO2311 - Ordinance Prohibiting Retail Sale of Dogs and Cats: An ordinance of the City
Commission of the City of Tamarac, Florida amending Chapter 4 of the City's Code of ..--
Ordinances, entitled "Animals" by creating Article 111 entitled "Retail Sale of Dogs and Cats",
to provide for regulations on the retail sale of dogs and cats originating from a puppy or kitten
mill in conformity with the City of Tamarac Comprehensive Plan; providing for codification;
providing for conflicts; providing for severability, and providing for an effective date. City
Attorney Goren read TO2311 by title into the record. Commissioner Gomez seconded by
Commissioner Placko moved approval of TO2311 on second reading.
Mayor Dressler opened the Public Hearing and Don Anthony of the Animal Rights Foundation
and Hallandale Commission Lazarow supported the passage of T02311. City Attorney
Goren and Community Development Director Calloway addressed two issues raised by Mr.
Anthony.
Motion passed unanimously (5-0).
PASSED ON FIRST READING NOVEMBER 12, 2014
PASSED ON FIRST READING DECEMBER 10, 2014
ORIDINANCE NO. 2015-18
b. TO2312 - Public Art Committee Ordinance Amendment: An Ordinance of the City
Commission of the City of Tamarac, Florida amending Chapter 5 of the City's Code of
Ordinances, entitled "Buildings and Building Regulations" by amending Article XI, entitled
"Public Art Program" by specifically amending Section 5-305 entitled "Public Art Committee",
to revise the term of office for the Public Art Committee Members in accordance with Division
1, Section 2-59 of the City Code of Ordinances; providing for codification; providing for
Page 6 of 7 REGULAR COMMISSION MEETING November 12, 2014
conflicts; providing for severability; and providing for an effective date. City Attorney Goren
read TO23112 by title into the record. Commissioner Placko seconded by Commissioner
Gomez moved approval of TO2312 on second reading.
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 NOVEMBER 12, 2014
PASSED ON FIRST READING DECEMBER 10, 2014
ORIDINANCE NO. 2015-19
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial items scheduled for this
meeting.
12. OTHER: There being no further business to come before the City Commission, Mayor
Dressler adjourned the meeting at 8:37 p.m.
Harr�KDressler, Mayor
( - �_ ____1
� �' P
Patricia Teufel, C
City Clerk
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