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HomeMy WebLinkAbout2015-01-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING -- WEDNESDAY, JANUARY 28, 2015 CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City of Tamarac to order at 9:08 a.m. on Wednesday, January 28, 2015 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: Commissioner Glasser led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a check by the Mayor, City Commission and Employees of the City of Tamarac, in the amount of $31,275.00 to the United Way of Broward County, representing the City of Tamarac's 2014 Employee Campaign total. Accepting on behalf of the United Way Jennifer Lack, Development Officer and Tony Hopper, Vice President of Workplace Campaigns. (Requested by Assistant Fire Chief Jeff Moral and Code Enforcement Manager Scott Krajewski) Mayor Dressler moved out of the order of the agenda to take up Item 1 c as Pam Davidson, President of the Kiwanis Club, was not yet in attendance. c. Employee Service Awards: 5 - Year Award: Vitalis Cadette, Water Plant Operator C, Public Services/Utilities 10 - Year Awards: David Greenstein, LT Paramedic, Fire Rescue; Gregory Martin, Firefighter Paramedic, Fire Rescue; Stephen Varricchio, Firefighter Paramedic, Fire Rescue Carlos Acosta, Groundskeeper Crewleader, Public Services/Public Works 15 - Year Awards: Cleophat Lordeus, Bus Driver, Parks & Recreation; Rosario Cure-Persad, Social Services Supervisor, Parks & Recreation; Steven Korte, LT Paramedic, Fire Rescue 20 - Year Awards: Steven Stillwell, Fire Division Chief, Fire Rescue; Rodney Dorsett, Field Technician, Public Services/Utilities 30 - Year Award: Luisito Villena, Senior Fleet Mechanic, Public Services/Utilities 35 - Year Award: Richard Ruhl, Water Plant Operator C, Public Services/Utilities 2. CITY COMMISSION REPORTS: a. Vice Mayor Bushnell: Vice Mayor Bushnell reported that she is a member of the Executive Airport Board where she represents everyone in Tamarac. Vice Mayor Bushnell said there is -- a program that Challenger Air Service runs wherein they set aside a day for children so they can learn about airports and each child can go for a 30 minute plane ride as well as participate in other activities. This event takes place on Saturday and Vice Mayor Bushnell Page 1 of 7 REGULAR COMMISSION MEETING January 28, 2015 said if anyone knows a child that would like to participate, they can sign up at www.challen-gerair.com. Vice Mayor Bushnell said the Broward League of Cities is offering scholarships to students and applications are on line at the Broward League of Cities website and encouraged students to apply. Vice Mayor Bushnell said the City of Tamarac hosted a Mayors Round Table with Representative Hazelle Rogers where items such as water/air exchange programs and pension taxes were discussed. b. Commissioner Gomez: Congratulated Commissioner Glasser for being honored by the ADRC at a dinner recently. Commissioner Gomez noted she attended former Mayor Joe Schreiber's funeral; was appointed to the the Broward County Planning Council; was appointed a board member of the Smart Growth Partnership; was not able to attend the employee recognitition event earlier today and congratulated those employees that were recognized; congratulated the Kiwanis Club on their 100'h anniversary; was appointed to the National League of CitiesTransportation Infrastructure & Services Policy Advocacy Steering Committee and wished everyone a great weekend. c. Commissioner Glasser: Commissioner Glasser said she had the pleasure of serving as the President of the ADRC for the last year and attended the ADRC dinner for the installation of the new officers and it was a pleasure to have been honored and receive an award. Commissioner Glasser attended the Univerisity Hospital Board meeting and the grand opening the new Mainlands Park. d. Commissioner Placko: Congratulated Commissioner Glasser on being honored by the ADRC. Commissioner Placko attended the Community Action Agency meeting which is an organization that has grants to provide assistance to individuals in need and encouraged people who need assistance to contact her and she will get them in touch with the Agency. Commissioner Placko said there will be a Woodmont COPS training program tomorrow evening at 6:00 p.m. at BSO and encouraged people to attend. Commissioner Placko also encouraged Woodmont residents to join the Woodmont Property Owners Association. e. Mayor Dressler: Mayor Dressler said he attended former Mayor Joe Schreiber's funeral and was honored to give a eulogy at the service. Mayor Dressler said he is a member of the Board of Directors of the Broward League of Cities and one item they are keeping an eye on in the upcoming legislative session is legislation regarding pensions. 3. CITY ATTORNEY REPORT: City Attorney Goren updated the Commission on a recent lawsuit regarding American Charter Development LLC vs. The City of Tamarac. City Attorney Goren said this was the Charter School site that the City Commission deliberated on and reviewed carefully and considerably in a public forum and essentially denied the request of the applicant. The Appellate Division of the Broward Circuit Court, which is comprised of three judges; Judge Garcia -Wood, Judge Pearlman and Judge Rodriguez, made a decision on January 21, 2015 referencing denial of the Writ of Certiorari filed by attorneys Jim Brady and Keith Poliakoff, counsel for the applicant and the plaintiff, in the lawsuit against the City. City Attorney Goren said three things can occur at this point; the plaintiff will file a Motion for a Rehearing; it will be denied by the board; and they will file an Appeal with the Fourth DCA. City Attorney Goren said he would be happy to answer any questions the Commission has. City Attorney Goren said he is pleased with the result and added that city staff was very _. cooperative with the City Attorney's Office in the preparation of the response documents. The court transcript was a meaningful document and along with the strategy which was used in Page 2 of 7 REGULAR COMMISSION MEETING January 28, 2015 our response that brought this case to a truly successful fruition. City Attorney Goren noted that it was nice to have a victory particularly where this Commission took great pains to be reasonable when reviewing the application and made a decision that was in the public's -- interest. City Attorney Goren said he recently requested a Shade Meeting with regard to the ATS Red Light Camera case referenced as Passman vs. City of Jacksonville, et al. The City was served yesterday and the consequence of which is we need to have a Shade Meeting sometime between today and the next regular commission meeting. City Attorney Goren said his office will work with the Commission, City Administration and the City Clerk to schedule the meeting so he can brief the Commission on the case. City Attorney Goren said he would like to remind the Commission there are three cities that do their reviews of the videos and citations differently than other cities in the State of Florida; Boyton Beach, Pembroke Pines and Tamarac, and that may have a distinguishing characteristic for Tamarac. City Attorney Goren said he has reason to believe that the ATS people are engaged in a discussion to have their counsel defend Tamarac at their expense. 4. CITY MANAGER REPORT: City Manager Cernech reported that Tamarac is currently accepting applications for Tamarac University which begins on March 17th. Applications are available online at www.tamarac.org and are due by Friday, January 30, 2015. City Manager Cernech reported the Center for Digital Government recently announced the 2014 Digital Cities Survey Winners which recognizes cities with best practices in Public Sector Information and Communications Technology. Tamarac ranked third in the nation in the category of cities with populations under 75,000 and was the only city in the State of Florida to make the Top Ten List in this population category. Upcoming Events: The Preventative Health and Wellness Expo, hosted by the City of Tamarac and the Tamarac Chamber of Commerce, is being held on Saturday, February 71h at the Tamarac Community Center from 9.00 a.m. to noon; the Teen Summit will be held on Saturday, February 21St from 9:00 a.m. to noon at the Tamarac Community Center, the cost is $5 per teen which includes breakfast, lunch and sessions on different topics. For more information call 954-597-3674. City Manager Cernech complimented the City Attorney's Office and the Community Development Department on the work they did relative to the Charter School lawsuit. The Commission remembers that at that hearing the applicant told the Commission that they had to vote and pass the item. City Manager Cernech said the Commission made the right decision which was in the best interest of the community. City Manager Cernech noted that he wanted to take the opportunity to thank Human Resources Director Maria Swanson and Risk/Safety Manager Patty Tomaszewski for providing assistance to the Schreiber Family at former Mayor Joe Schreiber's funeral before and after the service. 5. PUBLIC PARTICIPATION: Mayor Dressler opened public participation and the following individuals spoke: Peter Mason, Executive Director of the Tamarac Chamber of Commerce, 11620 NW 2"d Dr., Coral Springs, provided an update on the Chamber's accomplishments to date and upcoming events; Ronald B. Barish, 7555 NW 99th Ave., expressed his opposition Page 3 of 7 REGULAR COMMISSION MEETING January 28, 2015 to a Charter School being built at the Tamarac Sports Complex; Barry Schuk, 6203 Jacarada Circle; spoke about the lack of a traffic signal on Banyan Lane at Commercial Blvd., and his concern with drivers on Woodlands Blvd. being unable to see traffic on Commercial Blvd. going west. 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. Commissioner Gomez seconded by Commissioner Glasser moved approval of the Consent Agenda. Motion passed unanimously (5-0). a. Approval of the January 14, 2015 Regular Commission Meeting Minutes - APPROVED b. TR12582 - Award of Bid No. 14-25B for Citywide Grounds Maintenance Services: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 14-25B to and approving an Agreement with Prestige Property Management, Inc., per Bid no. 14- 25B, for Landscape Maintenance Services of certain public rights -of -way and city parks, - based on established contract fixed unit prices; authorizing an appropriation of $230,042.61; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-06 c. TR12595 - Interlocal Agreement - Naturescape Irrigation Service: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an Interlocal Agreement between the City of Tamarac and Broward County to provide cost share support of a naturescape irrigation service to be operated by Broward County with the City of Tamarac water utility service areas and authorize Broward County to conduct specific technical activities required as part of landscape and irrigation system evaluations to be performed by Broward County Environmental Protection Department; providing for the City's cost share support of the naturescape irrigation service; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-07 d. TR12599 - Stormwater Grant Agreement — Florida Dept. of Environmental Protection (DEP) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate city officials to accept a grant award from the Florida Department of Environmental Protection (DEP) in the amount of $300,000 for stormwater infrastructure at the NW 57th street project site known as Tamarac Village; providing for acceptance of the award and execution of documents pending legal review; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-08 e. TR12603 - Asphalt Rejuvenation: 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 Pavement Technology Inc., utilizing pricing from an Agreement obtained through a formal competitive procurement process awarded by the City of Margate, Florida, through Bid Number 2014-006 for an amount not to _ exceed $1,370,963.62 for the Pavement Rejuvenation Project; a contingency of 4.7% or $65,000 will be added to the project account for a total amount of $1,435,963.62; authorizing Page 4 of 7 REGULAR COMMISSION MEETING January 28, 2015 the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-09 f. TR12604 - Land Lease for Temp Fire Station 78 with Mainlands Five, Inc.: A Resolution of the City Commission of the City of Tamarac, Florida; authorizing the City to enter into a sublease agreement of approximately 1.03 acres of real property located at 4890 NW 50tn Street, Tamarac, Florida with Mainlands Five, Inc., for a monthly cost of two thousand dollars ($2000.00) with a provision for termination upon thirty (30) day written notice by either party; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-10 Mayor Dressler moved out of order to take up Item 1 b on the agenda, Kiwanis Proclamation: 1 b. Presentation of a proclamation by Mayor Harry Dressler proclaiming January 28, 2015 as "Kiwanis Club of Tamarac Day". (Requested by Commissioner Michelle J. Gomez) Mayor Dressler moved back into the order of the agenda. 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: There we re no Ordinances — First Reading scheduled for this meeting. 9. PUBLIC HEARING(S): a. TR12596 - CDBG FY 10/11 Amendment: A Resolution of the City Commission of the City of Tamarac, Florida, approving an amendment to the Fiscal Year 2010/2011 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the Eleventh Program Year to provide for reallocation of funds and inclusion of new activity; providing for conflict; providing for severability; and providing for an effective date. City Attorney Goren read TR12596 by title into the record. Vice Mayor Bushnell seconded by Commissioner Placko moved approval of TR12596. Mayor Dressler opened the public hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-0). RESOLUTION R-2015-11 b. TR12597 - CDBG FY 11/12 Amendment: A Resolution of the City Commission of the City of Tamarac, Florida, approving an amendment to the Fiscal Year 2011/2012 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the Twelfth Program Year to provide for reallocation of funds and inclusion of new activity; providing for conflict; providing for severability; and providing for an effective date. City Attorney Goren read TR12597 by title into the record. Commissioner Gomez seconded by Commissioner Glasser moved approval of TR12597. Mayor Dressler opened the public hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-0). RESOLUTION R-2015-12 Page 5 of 7 REGULAR COMMISSION MEETING January 28, 2015 c. TR12598 - CDBG FY 13/14 Amendment: A Resolution of the City Commission of the City of Tamarac, Florida, approving a second amendment to the fiscal year 2013/2014 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the fourteenth program year to provide for reallocation of — funds; providing for conflict; providing for severability; and providing for an effective date. City Attorney Goren read TR12598 by title into the record. Commissioner Placko seconded by Commissioner Gomez moved approval of TR12598. Mayor Dressler opened the public hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-0). RESOLUTION R-2015-13 10. ORDINANCE(S) - SECOND READING: a. T02308 - Woodlands Neighborhood Improvement District: An Ordinance of the City Commission of the City of Tamarac, Florida on amending Ordinance No. 2010-14, creating the Local Government Neighborhood Improvement District pursuant to Section 163.506, F.S., known as the Woodlands Community Neighborhood Improvement District (the "District") and amending Chapter 24 of the City's Code of Ordinances, entitled Zoning, Article III entitled district regulations, by specifically amending Division 26, entitled Safe Neighborhood Improvement Districts, creating Sections 24-542 through 24-549 providing for the establishment of the specific named Woodlands Community Neighborhood Improvement District, defining district boundaries; providing eligibility to request grants, to levy ad valorem taxes on real and personal property of up to 2 mills annually, and authority to collect special assessments to support planning and implementation of the district improvements including community policing innovations pursuant to Florida Statutes, Section 197.3635 in an amount not to exceed $500.00 for each individual parcel of land per year, designating the City —' Commission as the Board of Directors; establishing an Advisory Council to the Board of Directors; providing district powers; providing for the continuation of the district subject to the approval of a referendum in accordance with the procedures set forth in 163.511 F.S. providing for recordation; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02308 by title into the record. Commissioner Gomez made a Motion to table the item to a date uncertain with conditions. There was no second to the Motion; hence the Motion failed and is moot. Commissioner Bushnell seconded by Commissioner Placko moved approval of T02308 on second reading. Mayor Dressler opened the public hearing and the following individuals spoke in opposition to the Ordinance: Leonard Hixon, 5505 While Oak Circle; James Tuthill, 6012 Linden Circle and Barry Schuk, 6203 Jacaranda Circle. Joel Davidson 4608 Norfolk Island Pine Dr., supported Commissioner Gomez's position; Karen Long, 4607 Bayberry Lane, indicated she did not understand the proceedings and James Tuthill, 6012 Linden Circle, talked about misinformation being disseminated in the community regarding this item. With no one else wishing to speak Mayor Dressler closed the public hearing. Mayor Dressler opened up the item for Commission discussion. Commissioner Placko, Vice Mayor Bushnell, Commissioner Glasser and Mayor Dressler were in agreement to let the district start over and to also vote no on second reading. Commissioner Placko asked the Commission to consider dissolving the current Woodlands Neighborhood Improvement Page 6 of 7 REGULAR COMMISSION MEETING January 28, 2015 District. Commissioner Gomez reiterated the problems she had with this ordinance as written and the reason she asked for the item to be tabled. Commissioner Glasser said Senator Jeremy Ring would be at Kings Point on Sunday and encouraged Commissioner Gomez to meet with him at that time to discuss changing the statute governing voting for the district referendum. Commissioner Placko asked City Attorney Goren for clarification of what would happen should the Commission vote no on second reading. City Attorney Goren said if the Commission votes this down the original ordinance allowing for the creation of a distict would still be legally in place. Commissioner Gomez asked her colleagues to vote no on the item. Motion failed unanimously (5-0) PASSED ON FIRST READING JANUARY 14, 2015 FAILED ON SECOND READING JANUARY 28, 2015 Mayor Dressler and the Commission continued the discussion regarding dissolution of the original ordinance creating the WNID. Commissioner Placko made a motion to instruct the City Attorney's Office to create legislation to dissolve the original WNID to be brought before the Commission for discussion at future meetings. Mayor Dressler recessed the meeting at 11:15 a.m. and reconvened the meeting at 11:38 a.m. with all present as before. Vice Mayor Bushnell seconded Commissioner Placko's Motion. There was some discussion regarding the benefits of dissolving the original WNID. Commissioner Gomez stated that she was against repealing the original legislation that created the WNID. Motion passed 4 — 1 with Commissioner Gomez dissenting. 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 11:50 a.m. Harry Dressler, Mayor Patricia Teufel, CM City Clerk Page 7 of 7 REGULAR COMMISSION MEETING January 28, 2015