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HomeMy WebLinkAbout2015-09-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, SEPTEMBER 22, 2015 CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City of Tamarac to order at 9:05 a.m. on Wednesday, September 22, 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 A. Teufel. PLEDGE OF ALLEGIANCE: Commissioner Gomez led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: There were no proclamations or presentations scheduled for this meeting. 2. CITY COMMISSION REPORTS: a. Vice Mayor Bushnell: Vice Mayor Bushnell attended BSO 9/11 Memorial at the Signature Grand and noted that Tamarac was the only city there in force to honor the heroes. Vice Mayor Bushnell spoke about a gentleman who was a first responder on 9/11 and the moving speech he gave. Vice Mayor Bushnell reported that she attended the first budget hearing on September 11, 2015; a Budget and CIP workshop on September 17th and the Taste of Tamarac Launch Party. Vice Mayor Bushnell encourage people to attend the Taste of Tamarac event on October 17th. Vice Mayor Bushnell ended by saying that she is looking forward to autumn and wished Mayor Dressler a Happy Birthday. b. Commissioner Gomez: Commissioner Gomez wished Mayor Dressler a Happy Birthday. Commissioner Gomez said she also attended the BSO 9/11 Memorial as well as the budget and CIP Update workshop and the Habitat for Humanity Spirit Awards where the Koenig Family was given an award. Commissioner Gomez said she also attended the Partners in Education event at Taravella High School. The purpose of this event is for businesses to meet with schools in order see what they can do to help schools. Commissioner Gomez wished everyone an easy fast for Yom Kippur. c. Commissioner Glasser: Commissioner Glasser said she also attended many of the events already mentioned as well as the Dedication of the Flag Retirement Box at Veteran's Park. Commissioner Glasser wished everyone a Happy and Healthy New Year. d. Commissioner Placko: Commissioner Placko wished Mayor Dressler a Happy Birthday. Commissioner Placko said she attended an MPO meeting and just before the meeting began they were advised that Congresswoman Lois Frankel introduced the Metropolitan Planning Enhancement Act which would mean 140 million for active MPO's like Broward County and Palm Beach County. Commissioner Placko said she attended the dedication of the Flag Retirement Box at Veterans Park at University and South Gate Blvd. Commissioner Placko Page 1 of 8 REGULAR COMMISSION MEETING September 22, 2015 reported that Tamarac will be constructing a new boat Dock at Veterans Park. Construction is scheduled to begin this month and is scheduled to be completed in January 2016. Commissioner Placko said she has received a lot of calls regarding the construction of sidewalks and a bike lane on 81st Street and is pleased to report this should be completed shortly. Commissioner Placko said she attended the Taste of Tamarac Launch Party and encouraged people to attend the Taste of Tamarac on October 17th. Commissioner Placko thanked staff for the budged and CIP update workshop. e. Mayor Dressler: Mayor Dressler said he also attended the BSO 9/11 Memorial and was very touched by the first responder's speech about being at Ground Zero. Mayor Dressler said he also attended the dedication of the Flag Retirement Box. Mayor Dressler said he is a Trustee on the General Employee's Pension Plan Board and talked about the nature of the capital market. Mayor Dressler said a special meeting of the Board will be taking place to discuss this issue further. Mayor Dressler talked about a Federal Transportation bill that the Senate did not pass. Municipalities were hoping to have one or two amendments for cities with a population under 200,000 allowing them to participate in the federal transportation funding for roads and infrastructure. Mayor Dressler said he also attended the Taste of Tamarac Launch last Thursday and noted that it was a great event and encouraged people to attend next year's Launch party. 3. CITY ATTORNEY REPORT: City Attorney Goren said that the Mayor attended a Broward League of Cities meeting where County Commissioner Kiar talked about a cannabis ordinance that is under consideration. This ordinance would decriminalize possession of certain amounts of cannabis in a person's possession. The Broward Behavioral Health Coalition (BBHC), which controls all the state funded monies for mental health issues in Broward County, is about to weigh in on the subject matter of the ordinance. City Attorney Goren read a portion of a memo the BBHC sent on September 21, 2015 to get Mayors involved in this discussion and also had some recommended changes to the ordinance. City Attorney Goren noted that he would provide the Commission with copies of the memo. City Attorney Goren said there are concerns about the ordinance, which is not yet in final form. City Attorney Goren noted that BSO, State Attorney's Office and the Public Defender's Office all support this ordinance. City Attorney Goren said he received a memo yesterday from County Attorney Drew Meyers with regard to the Broward County Ethics Code which stated that in June the County Attorney's Office was directed to draft certain proposed amendments to the Elected Officials Code of Ethics. After drafting and discussing the proposed amendments, the Broward League of Cities endorsed the proposed amendments with minor exceptions. The proposed amendments were then forwarded to Council for the Office Inspector General and requested their input by the end of next week. The OIG has asked for additional time to review and after we receive the OIG's input we will discuss it with the League of Cities Council and thereafter make any appropriate changes to the proposed amendments. Once that is done, it will be placed on a County Commission agenda seeking direction to set a public hearing to consider the proposed amendments. In conjunction with that agenda item we will determine whether any County Commissioner wants City Attorney Goren's office to draft any additional amendments for consideration at the public hearing. City Attorney Goren noted that Mayor Dressler has asked to discuss the proposed changes to the Ethics Code at a future workshop. City Attorney Goren talked about some basic issues in the Ethics Code that need clarification. City Attorney Goren said that if any Commission Member needs ethics training Page 2 of 8 REGULAR COMMISSION MEETING September 22, 2015 hours his office will be happy to coordinate and get that accomplished. City Attorney Goren wished everyone a Happy and Healthy Holiday and easy fast. 4. CITY MANAGER REPORT: City Manager Cernech said he also attended the Taste of Tamarac Launch party and hopes the Taste of Tamarac event on October 17th goes as well as the Launch party. City Manager Cernech said he attended the Wilton Manors Commission budget meeting last night and is very appreciative of how smoothly meetings go in Tamarac with regards to the budget. City Manager Cernech said he was pleasantly surprised how pleasant and upbeat their City Commission meeting was. Wilton Manor's City Manager, Joe Gallegos, was attending his last meeting as their City Manager as he is retiring. City Manager Cernech said as he is a FCCMA Board Member he was asked by the FCCMA Board to present Joe with a Resolution recognizing him for his service to the City of Wilton Manors and the Florida City County Management Association. City Manager Cernech said several of the Wilton Commission members sent their regards to the Tamarac Commission members. City Manager Cernech reported that Tamarac received the Printing Association of Florida's award for the Tam -A -Gram Newsmagazine and an Award of Excellence for the special publication on the City's Strategic Plan. City Manager Cernech also reported that Tamarac has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the GFOA of the U.S. and Canada for the fiscal year ending September 30, 2014. This is the 27th consecutive year Tamarac has won the award and the 30t overall. City Manager Cernech announced that the Parks and Recreation Department has received official notification of their successful 10-year re -accreditation from the National Parks and Recreation Association by the Commission for Accreditation of Parks and Recreation Agencies. The Parks and Recreation Department met 100% of 151 standards in order to get the re -accreditation. City Manager Cernech thanked everyone who lent their assistance in obtaining the re -accreditation. Upcoming Events: Movie in the Park featuring "Parallorman" will take place on Friday, September 25th with food truck service beginning service at 5:30 p.m., activities starting at 6.00 p.m. and the movie beginning at 7:30 p.m. The Community Garage Sale is scheduled for Saturday October 3rd at Tamarac Park and will take place from 7:30 a.m. to noon. Vendor spaces are still available and for more information call 954-597-3674. Past Event: The 6th Annual Play Day held on September 17th was successful with approximately 200 children participating. City Manager Cernech thanked the Commission for taking the time to sit through the CIP Presentation on September 17th and staff will continue to hold periodic updates as projects come on line. The workshop gave staff a comfort level that the Commission now has a better understanding of the CIP process which they can explain to their constituents. City Manager Cernech talked about the economy and the financial uncertainty and noted that Tamarac's finances are strong as evidenced by the new development and re -development occurring and the interest people are showing in Tamarac. City Manager Cernech said from a hiring perspective we are having difficulty hiring and filling positions. Typically when the economy is strong we have a hard time filling positions. When there is a lot of uncertainty in the economy it is usually easier to fill positions as people are looking for more stability in Page 3 of 8 REGULAR COMMISSION MEETING September 22, 2015 terms of government employment. City Manager Cernech said in spite of a murky economy, we are having a difficult time attracting qualified individuals to fill positions in the organization. Tamarac has a rigorous hiring process in order to hire the best people and staff is working through this. Human Resources Director Swanson and the Human Resources department are working on some new ways to try to recruit people into our organization. We have planned retirements not only in the fire department, but other departments as well, and this gives us opportunities in advance to fill those positions. The HR department is working hard so that when those positions come available, we have people already hired in the organization to fill those positions so that there are no gaps in any of our departments. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one wishing to speak, 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 said there were no changes/additions to the Consent Agenda. Commissioner Gomez seconded by Commissioner Placko moved approval of the Consent Agenda as presented. Motion passed unanimously (5-0). a. Approval of the September 9, 2015 Regular Commission Meeting Minutes: APPROVED b. TR - 12690 Grant Application - Highway Beautification Council Grant Program: A Resolution of the City Commission of the City of Tamarac, Florida approving and authorizing the appropriate city officials to submit a grant application to the Florida Department of Transportation (FDOT) for the Highway Beautification Council Grant Program for landscaping enhancements located on State Road 870 (Commercial Boulevard) from approximately Prospect Road to University Drive in an amount not to exceed $101,700., providing for a match in local funds not to exceed $101,700 in the event of approval of the application; providing for acceptance of the award, execution of documents, and acceptance of a Joint Participation Agreement (JPA) and Maintenance Memorandum of Agreement (MMOA) with FDOT upon approval of the application pending legal review; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-86 c. TR12674 - Renewal of Liability Waiver Agreement to Purchase Supplies from BSO-FR Regional Logistics Unit: A Resolution of the City Commission of the City of Tamarac, Florida to approve a Liability Waiver Agreement with the Broward Sheriffs Office (BSO) to purchase medical and firefighting supplies from Broward County Sheriff's Office Fire Rescue Regional Logistics Unit during FY16 and FY17 in an amount of one hundred fifty thousand ($150,000) dollars annually during FY16 and FY17 for a total amount not to exceed three hundred thousand ($300,000) dollars for the two year period; authorizing the appropriate City Officials to execute a Liability Waiver Agreement for the purchases; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-87 d. TR12689 - Medical Director Renewal Agreement Amendment #1: A Resolution of the City Commission of the City of Tamarac, Florida; approving Amendment #1 to the original agreement dated September 12, 2012 with Nabil El Sanadi, M.D. for medical direction and supervision of the Tamarac Fire Rescue Medical Services renewing the agreement under the Page 4 of 8 REGULAR COMMISSION MEETING September 22, 2015 existing terms and conditions for the first two (2) year renewal a cost of thirty-six thousand dollars ($36,000) for FY16, and thirty six thousand dollars ($36,000) for FY17, for a total of seventy two thousand dollars ($72,000); authorizing the appropriate City Officials to execute the Agreement Amendment #1; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-88 e. TR12693 - Credit Card Merchant Services: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate city officials to exercise a one (1) year renewal option to the original agreement between the City of Tamarac and Elavon Incorporated for the provision of merchant credit card processing services for the term September 29, 2015 through September 28, 2016 with successive one (1) year renewal options; providing for conflicts, providing for severability; and providing for an effective date. RESOLUTION R-2015-89 f. TR12697 - Temporary Quarters for FS36 Leasing Agreement Amendment #1: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to execute leasing agreement amendment #1 with Advanced Modular Structures, Inc. for an additional temporary modular office unit at Fire Station 36 to provide temporary quarters for fire rescue staff at a cost not to exceed thirteen thousand ($13,000) dollars; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-90 g. TR12671 Florida Municipal Insurance (FMIT) Renewal: A resolution of the City Commission of the City of Tamarac, Florida; authorizing the renewal of general liability, automobile liability, automobile physical damage, workers' compensation, and property lines of coverage with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1, 2015 at a cost of $857,677 and payment of any increase resulting from the annual premium audit; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2015-91 7. REGULAR AGENDA: There were no Regular Agenda Items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) - First Reading scheduled for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: a. TO2325 - Amending Chapter 22 "Utilities", Code of Ordinances: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 22, "Utilities" of the Code of Ordinances of the City of Tamarac by amending Section 22-96 Rates and Charges Applicable to City Utility, to provide regulations relating to service availability charges and consumption rate adjustments; providing for codification; providing for conflicts; providing for severability, providing for an effective date. City Attorney Goren read TO2325 by title into the record. Vice Mayor Bushnell seconded by Commissioner Gomez moved approval of TO2325 on second reading. Financial Services Director Mason appeared and gave a brief Page 5 of 8 REGULAR COMMISSION MEETING September 22, 2015 presentation. 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 9, 2015 PASSED ON SECOND READING SEPTEMBER 22, 2015 ORDINANCE NO. 0-2015-13 11. QUASI-JUDICIAL HEARING(S): City Attorney Goren said items 11 (a) TO2328 and 11 (b) TO2329 would be heard together during review but voted on separately. a. TO2328 - Amoco at Commercial: Rezoning: An Ordinance of the City Commission of the City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in Section 24-3 of Chapter 24 of the City of Tamarac Code of Ordinances to reflect the Rezoning of certain real estate property legally described in Exhibit "A", from the current Broward County B-3 (Intense Commercial Business District) zoning classification to City of Tamarac B-2 (Planned Community Business District) zoning classification, for the subject property located on the Northwest Corner of NW 31 Avenue and West Commercial Boulevard at 3101 West Commercial Boulevard, in order to provide for consistency with the Land Development Regulations in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 4-Z-15); providing for amendment to the Official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. b. TO2329 - Broward County B-3 — Rezoning: An Ordinance of the City Commission of the City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in Section 24-3 of Chapter 24 of the City of Tamarac Code of Ordinances to reflect the rezoning of certain real estate properties legally described in Exhibit "A", from the current Broward County B-3 (Intense Commercial Business District) zoning classification to City of Tamarac B-3 (General Business District) zoning classification, for two (2) subject properties located on the south side of West Commercial Boulevard, east of North State Road 7, at 3650 and 3660 West Commercial Boulevard, in order to provide for consistency with the land development regulations in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 5-Z-15); providing for amendment to the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2328 and TO2329 by titles into the record. City Attorney Goren went over the Quasi -Judicial Procedures and said any documents used by staff; the DRC and Planning Board are now part of the record. Commissioner Placko seconded by Commissioner Glasser moved to hear both items together. City Clerk Teufel swore in all affected parties. Community Development Director Calloway appeared and gave a brief presentation on TO2328 and TO2329. Mayor Dressler opened the Public Hearings on TO2328 and TO2329 and with no one wishing to speak, closed the public hearings. Page 6 of 8 REGULAR COMMISSION MEETING September 22, 2015 Vice Mayor Bushnell seconded by Commissioner Placko moved approval of TO2328 — Amoco at Commercial: Rezoning on second reading. Motion passed unanimously (5-0). PASSED ON FIRST READING AUGUST 26, 2015 PASSED ON SECOND READING SEPTEMBER 22, 2015 ORDINANCE NO. 0-2015-14 Commissioner Gomez seconded by Vice Mayor Bushnell moved approval of TO2329 — Broward County B-3: Rezoning on second reading. Motion passed unanimously (5-0). PASSED ON FIRST READING AUGUST 26, 2015 PASSED ON SECOND READING SEPTEMBER 22, 2015 ORDINANCE NO. 0-2015-15 c. Temp. Board Order No. 8: Beall's - Sign Variance: Sign Variance from Section 18- 51(b)(1)(b), Tamarac Code of Ordinances, to allow the maximum character or graphic height at sixty-six (66) inches where only thirty-eight (38) inch maximum character and graphic height is permitted and from section 18-51(13), Tamarac Code of Ordinance, to permit the installation of a wall sign with an unobstructed border height and width equal to twenty three (23) percent of the sign's largest character where twenty-five (25) percent is required. City Attorney Goren read TBO-8 by title into the record and went over the Quasi -Judicial procedures in detail. Commissioner Glasser seconded by Commissioner Gomez moved approval of TBO-8. City Clerk Teufel swore in all affected parties. Community Development Director Calloway appeared and gave a brief presentation, a copy of which is on file in the City Clerk's Office, and ended by saying that staff and the Planning Board recommend approval of TBO-8. Steven Scott of Radiant Signs appeared on behalf of the applicant. Community Development Director Calloway and Mr. Scott responded to a few questions from the Commission. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-0). BOARD ORDER 2015-03 City Attorney Goren said Items 11 (d) and 11 (e) would be heard together during review but voted on separately. d. Temp. Board Order No. 7: Towmaxx - Special Exception: Special Exception use pursuant to Section 24-548 of the City of Tamarac Code of Ordinances, Land Development Regulations ("LDRS"), to allow the use of a vehicle towing business. e. TR12696 -Towmaxx-Major Revised Site Plan: A Resolution of the City Commission of the City of Tamarac, Florida, granting Major Revised Site Plan approval (with conditions) to allow for the redevelopment of an existing lot through structural modifications and landscaping improvements for the proposed use of a vehicle towing business, for the subject property located at 3816 NW 49 Street, Tamarac, Florida (A portion of Lot 15, Block 3, of Tamarac Business Center Section 2, according to the Plat thereof, as recorded in Plat Book 61, Page 50, public records of Broward County, Florida) (Case No. 4-SP-15); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TBO-07 and TR12696 by titles into the record. City Attorney Goren went over the Quasi -Judicial Procedures. Vice Mayor Bushnell seconded by Commissioner Page 7 of 8 REGULAR COMMISSION MEETING September 22, 2015 Glasser moved to hear both items together. City Clerk Teufel swore in all affected parties. Community Development Director Calloway appeared and gave a brief presentation on TBO- 07 and TR12696 and ended by saying that staff and the Planning Board recommend approval of TBO-7 and TR12696. Shelly Eichner, Calvin Giordano & Associates, and property owner Dwight Williams appeared. Ms. Eichner gave a brief presentation, a copy of which is on file in the City Clerk's Office. Mr. Williams, City Attorney Goren, Ms. Eichner and Community Development Director Calloway responded to questions and concerns from the Commission. Mayor Dressler opened the Public Hearings on TBO-07 and TR12696 and with no one wishing to speak, closed the public hearings. Vice Mayor Bushnell seconded by Commissioner Placko moved approval of TBO-07 — Towmaxx — Special Exception. Motion passed unanimously (5-0). BOARD ORDER 2015-04 Vice Mayor Bushnell seconded by Commissioner Placko moved approval of TR12696 — Towmaxx — Major Revised Site Plan. Motion passed unanimously (5-0). RESOLUTION R-2015-92 12. OTHER a. TR12695 - Utility Rates: A Resolution of the City Commission of the City of Tamarac, Florida, establishing the adjustment factor to be applied to the Annual Water and Sewer Rate Schedule for the fiscal year beginning October 1, 2015; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12695 by title into the record. Commissioner Glasser seconded by Commissioner Placko moved approval of TR12695. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-0). RESOLUTION R-2015-93 There being no further business to come before the City Commission, Mayor Dressler adjourned the meeting at 10:59 a.m. �j A Marry ressler, Mayor atricia Teufel, C If City Clerk Page 8 of 8 REGULAR COMMISSION MEETING September 22, 2015 1 1