HomeMy WebLinkAbout2016-01-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, JANUARY 13, 2016
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 7:05 p.m. on Wednesday, January 13, 2016, in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Diane Glasser, Commissioner Pamela
Bushnell, Commissioner Michelle J. Gomez 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.
PROCLAMATIONS AND PRESENTATIONS: There were no Proclamations and
Presentations scheduled for this meeting.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell said she received an email from our
State Representative which included a letter from the President & CEO of the American
Consumer Institute relative to insurance fraud and information that everyone needs to know.
Commissioner Bushnell said Florida has the highest homeowner insurance rates in the
country and one of the reasons is because of "one way attorney fees" which gives contractors
leverage causing insurers to settle quickly. What happens is that bills get padded and if the
insurance company balks, the vendor hires a lawyer to take them to court and as a result the
insurance company settles in lieu of going to court. Commissioner Bushnell further stated
that most homeowners do not even know a claim has been filed. In 2009 70 such lawsuits
were filed and in 2014 2000 lawsuits were filed which is a 3,000% increase in this type of
fraud and people need to be aware of this. Legislation has been introduced this session
dealing with this type of insurance fraud.
b. Commissioner Gomez: Commissioner Gomez welcomed everyone back and hoped they
had happy holidays. Commissioner Gomez reported that she attended the following: Smart
Growth Partnership meeting, Broward County Planning Council meeting, Parks & Recreation
Board meeting; the Chamber of Commerce Breakfast and Installation of the new officers and
the Joint Water Advisory Board/Water Resource Task Force. Commissioner Gomez said she
had the honor of appearing on the Temple Beth Am Speaker Panel with representatives from
Coconut Creek, Margate, Coral Springs and Tamarac to discuss things of interest to
everyone and things that affect our cities.
c. Vice Mayor Glasser: Vice Mayor Glasser said she has been involved with a lot of issues in
Kings Point since the last meeting and has nothing further to report.
Page 1 of 6 COMMISSION MEETING January 13, 2016
d. Commissioner Placko: Commissioner Placko said that the MPO just approved an
Educational Corridor Transit Study which encompasses Pompano Beach, Coconut Creek,
Margate and Coral Springs. This is the first time since she has been on the board that
something is coming west. Commissioner Placko asked if the area could be expanded in the
future and was told yes. This will be a transit system between libraries in Broward County as
well as other educational facilities. Commissioner Placko reported that the MPO will now be
consulting with the MPO regarding tolling facilities on the Turnpike with respect to the
placement and the amount of the tolls. Commissioner Placko noted that if she wants to hear
what people are talking about, the best places to go is Publix, Bagleland and the Nail Salon
and she has heard people raving about the latest Tam -A -Gram
e. Mayor Dressler: Mayor Dressler said the high point for him was the presentation by
Sunrise Mayor Ryan regarding the problems with the E911 system at the Broward League of
Cities Board of Directors meeting. Mayor Ryan said that there seems to be intra-system
conflicts with County bureaucrats and technocrats. What people would like is for the system
to implement an Office of the Director of Public Safety Communications and a Public Safety
Communications Advisory Counsel. They would also like the Broward County Charter
Review Commission or the County Commission to consider a Charter Amendment and have
it placeD on the ballot for the November 2016 election.
3. CITY ATTORNEY REPORT: City Attorney Goren said he is now the General Counsel for
the Broward Charter Review Commission which met in public session earlier this afternoon.
The Resolution that the Mayor alluded to was delivered by Mayor Ryan to me and I passed it
on to the Charter Review Commission. The League of Cities did adopt a Resolution of its own
supportlNG the request for a separate position to oversee the E911 system which would
provide for a dedicated person reporting to the County Commission and not to the County
Administrator. City Attorney Goren noted that a request was made to the Charter Review
Commission to prepare an item to place on the ballot for consideration in March. The Charter
Review Commission then asked him to research access to a ballot more often that it is
supposed to, which in this case is June 2018. Mayor Ryan is looking to place this on the
March ballot which places tremendous physical challenges on the Supervisor of Elections.
City Attorney Goren said that on Friday, January 29th his firm will be hosting an Ethics
Conference which will take place from 2:00 p.m. to 4:00 p.m. at the Tamarac Community
Center. This is to update staff and elected officials on the new Ethics Code and several
changes that warrant review and also provide for two hours of credit for elected officials
ethics training. This is open to officials countywide.
City Attorney Goren said just yesterday his firm sent out its most recent Legislative Update
Report to the Commission and updated the Commission on HB 705 and Committee
Substitute Bill 7059, pertaining to Elections; HB 4045 pertaining to Vacation Rentals and
proposed legislation pertaining to Police Assessments.
City Attorney Goren thanked the Commission for their patience this morning at the Workshop
and appreciates the insight on the Land Development Code and indicated that he felt we
were off to a good start.
4. CITY MANAGER REPORT: City Manager Cernech congratulated the Parks & Recreation
Department which has been recognized with two Facility Showcase Awards from the Florida
Page 2 of 6 COMMISSION MEETING January 13, 2016
Recreation and Parks Association; one for the Mainlands Park and the other for the Sports
Complex Synthetic Turf field. City Manager Cernech said the Parks & Recreation Dept. is
offering some new fitness room programs for 2016. Commit to Be Fit: renew the fitness
center membership for an additional 12 months and get one additional month free, but must
take place between January 1 — June 30, 2016. Bring a Friend: Members can obtain a one
week pass for friends and family to try out the Fitness Center and can receive three months
free if they sign up for a one year membership but you must join from January 1 — April 30,
2016. City Manager Cernech said there will be a Fitness Center Open House on Wednesday,
January 20th from 5:00 p.m. to 8:00 p.m. and there will be a meet and greet with personal
trainers from 6.00 p.m. to 7:00 p.m.
Upcoming Events: The Movie in the Park featuring "The Intern" will take place on Friday,
January 29, 2016 at 6:30 p.m. at Mainlands Park. The Preventative Health and Wellness
Expo will take on Saturday, February 6th from 9:00 a.m. to noon at the Tamarac Community
Center
Past Event: The Rudolph's Winter Wonderland held on December 11th had approximately
2,000 in attendance.
Public Services: The Citywide Buffer Wall Project, Phase 1113 will take place on the north and
south sides of Commercial Blvd. between NW 64th Ave. and Rock Island Road and is
estimated to be completed sometime in August 2016.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one
wishing to speak, closed Public Participation.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech as discussed at the
January 11, 2016 workshop, Item No. 6 (d) TR12663 Approval of Home ILA FY 15/16 ,the
agreement has been amended with changes to Section 12.11 which are neither material nor
significant. Commissioner Gomez seconded by Vice Mayor Glasser moved approval of the
Consent Agenda with item 6(d) TR12663 as amended. Motion passed unanimously (5-0).
a. Approval of the December 9, 2015 Regular Commission Meeting Minutes - APPROVED
b. TR12704 Grant - Stormwater Appropriation: A Resolution of the City Commission of the
City of Tamarac, Florida, accepting a grant award in the amount of $150,000 from the Florida
Department of Environmental Protection (FDEP); authorizing the appropriate City officials to
execute a project agreement between FDEP and the City of Tamarac for grant funding in the
amount of $150,000 for stormwater infrastructure for the Tamarac receiving pond erosion
control project; providing for acceptance of the award and execution of documents; providing
for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-01
c. TR12699 - Grant Agreement: FRDAP-Sunset Point Park Phase 2.. A Resolution of the City
Commission of the City of Tamarac, Florida, accepting a grant award in the amount of
$50,000 from the Florida Department of Environmental Protection (FDEP), Florida Recreation
Development Assistance Program (FRDAP); authorizing the appropriate City officials to
execute a project agreement between FDEP and the City of Tamarac for grant funding in the
Page 3 of 6 COMMISSION MEETING January 13, 2016
amount of $50,000 for the development of Sunset Point Park Phase 2; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2016-02
d. TR12663 - Approval of HOME ILA FY 15/16: A Resolution of the City Commission of the
City of Tamarac, Florida, accepting the 2015-2016 Fiscal Year Home Investment Partnership
("HOME") funds in the amount of $70,974 for a term commencing October 1, 2015 with an
end date of September 30, 2017; authorizing the appropriate City Officials to execute an
Interlocal Agreement for the designation of subrecipient and disbursement of HOME program
funds for housing rehabilitation, minor home repairs, Fiscal Year 2015-2016, with Broward
County attached hereto as Exhibit "A", and incorporated herein; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2016-03
e. TR12718 - FY 2016 Vehicle Replacement Program: A Resolution of the City Commission
of the City of Tamarac, Florida, authorizing the appropriate City Officials to select, approve
and award the purchase of replacement vehicles to contractors utilizing competitive
procurement methods and current agreements available for cooperative purchase at the time
of purchase in the best interest of the City; authorizing an expenditure in an amount not to
exceed $182,400 from the appropriate accounts; authorizing a budget transfer of $16,700;
providing for severability; and providing an effective date.
RESOLUTION R-2016-04
f. TR12728 - 2015 Edward Byrne Memorial JAG Award: A Resolution of the City Commission
of the City of Tamarac, Florida authorizing the appropriate city officials to accept the 2015
Edward Byrne Memorial Justice Assistance Grant (JAG) Award and execute a memorandum
of understanding between the City of Tamarac and the Broward Sheriff's Office pending legal
review; authorizing the Broward Sheriff's Office to continue to serve as the lead agency
providing for the administration of the 2015 Edward Byrne Memorial Justice Assistance Grant
(JAG); providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-05
g. TR12737 - Ronald L. Book Lobbyist Agreement: A Resolution of the City Commission of
the City of Tamarac, Florida, approving Amendment #13 to the Agreement between the City
of Tamarac and Ronald L. Book, P.A. for Lobbying Services, extending the Agreement for
one year through January 26, 2017, at a cost not to exceed Fifty -Nine Thousand Four
Hundred Dollars ($59,400) per year; authorizing the appropriate City Officials to execute the
Amendment to the Agreement for Lobbying Services; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2016-06
h. TR12736 - Citywide Buffer Wall Phase 1113 Expansion: A Resolution of the City
Commission of the City of Tamarac, Florida, to authorize and approve amending Task
Authorization No. 16-02E in the amount of $19,870.00 to provide additional professional
engineering services for the design and permitting of the Citywide Buffer Wall Project, Phase
IIB expanded areas, which is generally located along Commercial Boulevard between Rock
Island Road and NW 64th Avenue, in accordance with the City's Continuing Service
Agreement as authorized by Resolution R-2011-87; authorizing an expenditure for said
Page 4 of 6 COMMISSION MEETING January 13, 2016
purpose in an amount not to exceed $165,467.50; providing for conflict; providing for
severability; and providing for an effective date.
RESOLUTION R-2016-07
i. TR12738 - Ferguson Group LLC Agreement Renewal: A Resolution of the City Commission
of the City of Tamarac, Florida; approving Amendment #7 to the Agreement between the City
of Tamarac and the Ferguson Group, LLC, for Federal lobbying services, extending the term
of the agreement for a one year period effective February 13, 2016 at a cost not to exceed
eighty-five thousand five hundred ($85,500.00) dollars per year, authorizing the appropriate
City Officials to execute the Amendment to the Agreement for lobbying services; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-08
j. TR12740 - Agreement & Public Art Proposal/Concept for Veterans Park (The Glass Artist)
A Resolution of the City Commission of the City of Tamarac, Florida, approving the Public Art
Proposal and concept by the Glass Artist, and execution of an agreement attached hereto as
Exhibit 1" and incorporated herein; to provide a work of art to be placed at Veterans' Park, in
the amount of $88,800, attached hereto as Exhibit "A" and incorporated herein; providing for
conflicts; providing for severability; and providing an effective date.
RESOLUTION R-2016-09
k. TR12739 - Amending Charitable Entities: A Resolution of the City Commission of the City
of Tamarac, Florida, amending Resolution R-2012-125, by specifically adding to and deleting
from the list of charitable entities with whom the City of Tamarac recognizes a formally
approved relationship; providing for an amended Exhibit "A", attached hereto and
incorporated herein, as may be amended from time to time, for the expressed purpose of
compliance with Section 1-19(c)(5)(a)(4) of the Broward County Code of Ordinances;
providing for conflicts; providing for severability and providing for an effective date.
RESOLUTION R-2016-10
I. TR12698 - Grant Agreement: FRDAP-Sunset Point Park Phase 1: A Resolution of the City
Commission of the City of Tamarac, Florida, accepting a grant award in the amount of
$50,000 from the Florida Department of Environmental Protection (FDEP), Florida Recreation
Development Assistance Program (FRDAP); authorizing the appropriate City officials to
execute a project agreement between FDEP and the City of Tamarac for grant funding in the
amount of $50,000 for the development of Sunset Point Park Phase 1; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2016-11
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):
a. TR12725 - FY14/15
City Commission of th
e
COMMISSION MEETING
January 13, 2016
Development Community Development Block Grant funds for the fifteenth program year to
provide for reallocation of funds; providing for conflict; providing for severability; and providing
for an effective date. City Attorney Goren read TR12725 by title into the record.
Commissioner Placko seconded by Commissioner Gomez moved approval of TR12725.
Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the
public hearing. Motion passed unanimously (5-0).
RESOLUTION R-2016-12
10. ORDINANCE(S) -SECOND READING:
a. T02334 - Amendment of the Police Pension Ordinance: An Ordinance of the City
Commission of the City of Tamarac, Florida; amending Chapter 16, Pensions and
Retirement, Article VII, Police Officers —declaration of trust, Division 2, Section 16- 585
Investments, amending the investment parameters to allow investment in commingled
investment vehicles and limited partnerships; providing for codification; providing for conflicts;
providing for severability; providing for an effective date. City Attorney Goren read T02334 by
title into the record. Commissioner Bushnell seconded by Vice Mayor Glasser moved
approval of T02334 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 DECEMBER 9, 2015
PASSED ON SECOND READING JANUARY 13, 2016
ORDINANCE NO.0-2016-01
11. QUASI-JUDICIAL HEARING(S):
a. Temp. Board Order No. 9 - La Taberna Night Club: Special Exception Board Order -
Special Exception Approval to allow for a nightclub use with the sale and on -site consumption
of alcoholic beverages for the proposed La Taberna Night Club in a B-2 (Planned Community
Business) Zoning District pursuant to the Permitted Uses Master List, Section 24-434,
Tamarac Code of Ordinances. City Attorney Goren explained the Special Exception Board
Order and went over the Quasi -Judicial processes and procedures and City Clerk Teufel
swore in all affected parties. Community Development Director Calloway gave a 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. Mr. John Dale Meaux, Architect for the Petitioner and
Owner Verydiana Beltran appeared. City Attorney Goren, Community Development Director
Calloway, Mr. Meaux and Ms. Beltran responded to questions and concerns from the
Commission. Mayor Dressler opened the Public Hearing and with no one wishing to speak,
closed the Public Hearing. Commissioner Bushnell seconded by Commissioner Gomez
moved approval of TO-09. Motion passed unanimously (5-0).
BOARD ORDER NO. BO-2016-01
12. OTHER
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 8:11 p.m. A n
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Harry Dressler, Mayor
Patricia Teufel, CMC, gity Clerk
Page 6 of 6 COMMISSION MEETING January 13, 2016