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.
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Marry ressler, Mayor
atricia Teufel, C If
City Clerk
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