HomeMy WebLinkAbout2016-04-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, APRIL 27, 2016
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9.10 a.m. on Wednesday, April 27, 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, 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 Placko led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Legislative Update - Representative Hazelle P. Rogers: Rep. Rogers said it is a pleasure
to come before the Tamarac Commission to provide a legislative update. Rep. Rogers
introduced her Chief Legislative Assistant Patricia Amiel-Young who has been with her for the
last eight years. Rep. Rogers reported that the legislative session ended with a balanced
$84.2 billion budget approved in both chambers by a near unanimous vote. This budget will
keep Floridians working as there are things in the budget that are allocated to the county
such as roads and bridges being built and programs such as Alzheimer's programs which
will be able to continue. The State decided to take $425 million out of the General Revenue
Funds for education and Broward's schools have benefited from this. There will be increased
spending to expand access to mental health and bring health care to 17,000 legally residing
immigrant children now eligible for "Kid Care". Rep. Rogers said she served on the
Transportation and Economic Development Appropriations Sub -committee as well as on the
Conference Committee.
Rep. Rogers reported the Governor vetoed over $$256 million; however, Broward County
fared well. The Urban league received an additional $2 million for the Entrepreneur and Small
Business Program; Libraries have received funding; there was a tax package that included a
permanent extension of the sales tax for certain manufacturing and the back to school sales
tax relief which will run from August 5th to August 7th. Rep. Rogers noted that out of 1,700
bills filed only 279 passed both houses. Rep. Rogers spoke about HB 7059 — elections; HB
791 — local tax referendum; SB 1202 and HB1321 — public park entrance fees and
transportation fees. Rep. Rogers talked about Senior Citizens without mortgages with no
homeowner insurance because of the excessively high fees and the financial hardship this is
causing senior homeowners.
Rep. Rogers said she is honored to be a voice in the Florida Legislature and thankful for the
support that this Commission has showed her. Rep. Rogers said her term is ending, is
looking to serve in another capacity and looks forward to working with the Commission in the
future. All expressed their appreciation to Rep. Rogers for the work that she has done on
behalf of Tamarac. Mayor Dressler invited Rep. Rogers to attend the Memorial Day
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Ceremony and dedication of the Veteran's Tribute Panels on Monday, May 30th at 10:30 a.m.
at Veteran's Park.
b. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of May
2016 as "Building Safety Month". (Requested by Chief Building Official/Director Claudio
Grande)
c. Presentation by Mayor Harry Dressler of Employee Service Awards:
10 - Year Awards: Samira Shalan, Assistant City Engineer, Public Services; Bertram Bowe,
Building Maintenance Tech, Public Services
15 - Year Awards: Michael Gresek, Grants Administrator, Finance; Michael Morrison,
Service Worker II, Public Services; Charles Moss, Water System Operator III, Utilities;
Anthony Fontanez, Wastewater Service Worker II, Utilities; Regina Mc Cremmon-Sneed,
Lead Bus Driver/Scheduler, Parks & Recreation; Marjorie Irizarry, Administrative Coordinator,
Information Technology
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell said since January her report has
included meetings and events that she, as well as the other Commission Members have
attended, and feels selfish because she gets to report on these meetings and events before
everyone else. Commissioner Bushnell said she attended the Employee Recognition
Luncheon and said it is an amazing thing to see how the employees support each other. You
can see it here this morning how happy they are for each other and recognize each other for
their achievements. Commissioner Bushnell said she attended the Earth Day Celebration and
noted how many employees were there whether they were working or not. Commissioner
Bushnell said people of all ages attended the event and noted that the vendors were happy,
the music was great and the children enjoyed the games that they played. Commissioner
Bushnell thanked everyone who helped put on this event and that she is very proud to be a
resident of Tamarac.
b. Commissioner Gomez: Commissioner Gomez reported that she will be attending the
Broward County Planning Council meeting tomorrow. Commissioner Gomez said she wanted
to thank Regina Mc Cremmon-Sneed for being the driver who transported our veterans into
Miami for the Honor Flight and also brought them back home.
c. Vice Mayor Glasser: Vice Mayor Glasser reported that the ADRC meeting was cancelled
because Edith Lederberg had to leave to attend her brother's funeral. Vice Mayor Glasser
said she is still on the University Hospital Board and participated in a conference call meeting
to approve new doctors and nurses that were coming on to the University staff.
d. Commissioner Placko: Commissioner Placko said she attended a meeting and was
approached by one of the veterans that was escorted to the Honor Flight who expressed his
appreciation for the City providing the transportation to the airport.
Commissioner Placko said she was away at an MPO Seminar which turned out to be very
worthwhile and hopes that the knowledge that she came away with will help Tamarac.
Commissioner Placko said there were only 15 attendees at the seminar and speaking with
Commissioners from other cities was invaluable.
Page 2 of 8 COMMISSION MEETING April 27, 2016
Commissioner Placko said she has received a lot of questions about a new tax and noted for
the record that nothing is definite at this time. There are two issues with the proposed taxes:
1) Broward County wants a 1 cent sales tax for Transportation, which is something we don't
support and 2) the Broward League of Cities supports a 1 cent sales tax on Infrastructure.
Commissioner Placko said nothing is definite as many things have to be worked out. There
will be an MPO meeting again to work out details and she will keep the Commission and
residents updated as this progresses.
e. Mayor Dressler: Mayor Dressler said he attended the Broward League of Cities Meeting
which focused on culture and the arts in Broward County. Mayor Dressler noted that there is
an amazing amount of activities that go on in the County; theater, music, art, etc.
Commissioner Bushnell was also in attendance and talked about Tamarac's first annual Arts
& Craft Festival.
Mayor Dressler said there are two competing surtax proposals which he will leave for City
Attorney Goren to elaborate on. Mayor Dressler said the Transportation Surtax proposal is
not good for cities and the proposed Infrastructure Surtax will need a lot of education for the
residents of Broward County regarding the benefits.
3. CITY ATTORNEY REPORT: City Attorney Goren said he has a couple of updates for the
Commission about the proposed surtaxes discussed at the workshop on Monday. City
Attorney Goren said he heard from Alan Gabriel, the General Counsel for the MPO, that both
Sunrise and Wilton Manors approved the Infrastructure Surtax resolution. This takes the
County population issues to 55%+. This means that under the Statute that governs the
Infrastructure Surtax, Section 212.055 (2), there is sufficient population by virtue of a vote
count thus far for collection of a 1 cent sales tax as described by the Statute. This is different
than Section 212.055 (1) regarding the Transportation Surtax which yesterday, the County
Commission voted to proceed with. By doing so they will be offering up to the Cities the
distribution of a 70% - 30% split with the County receiving 70% and the Cities 30%. The
Transportation Surtax is weighted more heavily with the County Commission and its
transportation needs under the statute versus the Infrastructure Surtax which is more City
friendly. City Attorney Goren said the MPO has scheduled a special meeting on May 5th at
9.30 a.m. to discuss this issue which is time sensitive because if the County Commission
should choose to place this on the ballot they could do so without any support from the Cities.
This will be interesting as there is now sufficient population in the County, by resolution,
supporting the Infrastructure Surtax which may be contrary to what the County may choose to
do. The timing of this is critical so as not to have competing resolutions on the ballot. City
Attorney Goren said the MPO will play a pivotal role in the conversation with the cities and
with the County. Tamarac, among those in the 55% group, supports the Infrastructure Surtax
with which cities can spend the money on what they want to i.e. fire trucks, etc.
City Attorney Goren said as we discussed on Monday, there needs to be a leader, whether it
is the MPO or the League of Cities. The MPO has offered in the past to be the leader in that
discussion. Remember that there will be some type of Interlocal Agreement under the
Infrastructure Surtax method in the Statute. City Attorney Goren said there is a deadline date
to get on the ballot in early to mid -June which will ultimately control who gets to the ballot first
or even at all.
Page 3 of 8 COMMISSION MEETING April 27, 2016
City Attorney Goren informed the Commission that there is an Elected Officials Bootcamp
scheduled for May 13tn and for those of you who need Ethics Credits it will be at the Trade
Center Building of the MPO on the 8tn Floor, on West Cypress Road. There will be several
topics of great interest: Robert Rules of Order, Sunshine Law, Public Records, Broward
County Ethics Ordinance and State Ethics. There will be another one in June and he will
update the Commission when he gets more information.
City Attorney Goren reported that the four Sub -committees of the Charter Review
Commission have meetings scheduled for each month. The four Sub -committees are: 1)
Structure of County Government 2) Human Services and Public Safety; 3) Infrastructure and
4) Ethics Sub -committee
4. CITY MANAGER REPORT: City Manager Cernech reported that we had an excellent
Expanded Management Team meeting yesterday at the Community Center where all
managers and supervisors talked about what is going on the Tamarac, what is coming up in
the future, and talked about other interesting subjects. At these meetings managers and
supervisors make presentations about the successes attributable to the employees of the
City. It was a good meeting in terms of showcasing how hard people are working to make this
City a better place.
City Manager Cernech said currently Marie is in the process of putting up a public meeting
calendar so that everyone can keep track of where everyone else is and what they are doing.
This will ensure meetings are properly noticed in order to protect Commission Members as
we do not want an inadvertent violation of any laws.
City Manager Cernech reported that the collection of names for the Veterans Honor Wall has
been completed for the first six panels that will unveiled at the May 30tn Memorial Day
Ceremony at Veterans Park. A total of 600 names have been collected and we will continue
to collect names for future Honor Wall Panels. Applications for the Honor Wall are available
at various locations throughout the City, including City Hall.
Upcoming Events: The Spring "Swim Bash" will take place on Saturday, April 30tn, at
Caporella Aquatic Center from noon to 4:00 p.m. The Concert on the Green will take place at
Colony West Golf Club on Friday, May 6tn from 7:00 p.m. to 8:30 p.m. and feature the band
"Big City Dogs".
Past Event: City Manager Cernech thanked everyone who attended the Earth Day
Celebration that took place on April 24tn
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individual spoke: Eric Paulson said he wished to speak about the Commercial Vehicle
Ordinance and Mayor Dressler said that while that ordinance is on first reading and there is
no public hearing on that matter, he would take the liberty of opening the item up for
discussion. Mayor Dressler asked Mr. Paulson if he would prefer to wait until that item was
before the Commission and Mr. Paulson said he would wait.
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
Page 4 of 8 COMMISSION MEETING April 27, 2016
changes/additions to the Consent Agenda. Commissioner Placko seconded by
Commissioner Gomez moved approval of the Consent Agenda as presented.
a. Approval of the April 13, 2016 Regular Commission Meeting Minutes - APPROVED
b. TR12766 - Maintenance Agreement for Atlantic Cypress Creek, LLC: A Resolution of the
City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to
execute a Maintenance Agreement between the City of Tamarac and Atlantic Cypress Creek,
LLC; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-35
c. TR12774 - Authorizing Four Week Vacation for Mayor and City Commission: A Resolution
of the City Commission of the City of Tamarac, Florida, authorizing a four -week consecutive
period (July 17, 2016 — August 14, 2016) during which time the City Commission will not
schedule any regular meetings pursuant to Section 4.06 (a) of the City Charter; providing for
conflicts; providing for severability; and providing an effective date.
RESOLUTION R-2016-36
d. TR12761 - Award Bid 16-05B for Construction of Buffer Wall Phase I: A Resolution of the
City Commission of the City of Tamarac, Florida, awarding Bid No. 16-05B to and approving
an Agreement With MBR Construction, Inc. for the construction of Citywide Buffer Wall
Project Phase I, in accordance with Bid No. 16-05B for a contract amount of $1,128,075.82; a
contingency in an amount of $112,807.58 will be added to the project account, for a total
project budget of $1,240,883.40; authorizing an expenditure from the appropriate accounts;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-37
e. TR12764 - Citywide Tire Purchase: A Resolution of the City Commission of the City of
Tamarac, Florida, authorizing the appropriate City Officials to approve expenditures for tires
used by various City Departments in an amount not to exceed $90,000.00 annually from
Authorized Vendors, including, but not limited to Tiresoles of Broward, Inc., utilizing the
Florida Sheriff's Association Agreement #15/17-07-0220 for tires; effective upon approval
through February 28, 2017 or as extended by the Florida Sheriff's Association; authorizing
proper City Officials to execute contract renewals; providing for severability; and providing an
effective date.
RESOLUTION R-2016-38
f. TR12776 - Authorization of One Time Merit Award: A Resolution of the City Commission of
the City of Tamarac, Florida; authorizing payment of a one-time merit award to City Manager
Michael C. Cernech, as set forth in Resolution No. R-2011-04; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2016-39
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. TO2339 - Amendment to the Charter of the City of Tamarac at Article XII, entitled
"Miscellaneous Provisions," and in particular deleting Section 12.06 entitled "Residential
Growth Control": An Ordinance of the City of Tamarac, Florida, submitting to Referendum an
Page 5 of 8 COMMISSION MEETING April 27, 2016
amendment to the Charter of the City of Tamarac at Article XII, entitled "Miscellaneous
Provisions," and in particular deleting Section 12.06 entitled "Residential Growth Control";
deleting the Residential Growth Control Provisions from the City Charter since the concept of
Residential Growth Control is contemplated by the City's Comprehensive Plan; providing for
a notice of an advertisement of the Referendum Election to be published in accordance with
the Code of Ordinances and the Charter of the City of Tamarac, Florida, as well as the State
of Florida Election Code; providing that this Ordinance, when adopted, shall be submitted to
the qualified electors of the City of Tamarac, on the November 2016 General Election Ballot
and it shall become effective as provided by law; providing for the place and places where
said Election is to be held; providing for conflicts; providing for severability; providing for
inclusion in the code; and providing for an effective date. Commissioner Placko seconded by
Commissioner Gomez moved approval of TO2339 on first reading. City Attorney Goren read
TO2339 by title into the record. Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 27, 2016
b. TO2340 - Amendment to the Charter of the City of Tamarac at Article VI, entitled
"Qualifications and Elections," and in particular amending Section 6.03 entitled "Redistricting":
An Ordinance of the City of Tamarac, Florida, submitting to Referendum an amendment to
the Charter of the City of Tamarac at Article VI, entitled "Qualifications and Elections," and in
particular amending Section 6.03 entitled "Redistricting"; providing for Redistricting for the
City every ten (10) years following the census, providing for a Notice of an Advertisement of
the Referendum Election to be published in accordance with the Code of Ordinances and the
Charter of the City of Tamarac, Florida, as well as the State of Florida Election Code;
providing that this Ordinance, when adopted, shall be submitted to the qualified electors of
the City of Tamarac, on the November 2016 General Election Ballot and it shall become
effective as provided by law; providing for the place and places where said Election is to be
held; providing for conflicts; providing for severability; providing for inclusion in the code; and
providing for an effective date. Commissioner Bushnell seconded by Commissioner Placko
moved approval of TO2340 on first reading. City Attorney Goren read TO2340 by title into the
record. Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 27, 2016
c. TO2341 - Amendment to the Charter of the City of Tamarac at Article X, entitled "City
Clerk," and in particular amending Section 10.01 entitled "Appointment and Compensation";
amending Section 10.03, entitled "Suspension or Removal;" providing for consistency
between the City Clerk position and the position of other City Department Heads: An
Ordinance of the City of Tamarac, Florida, submitting to referendum an amendment to the
Charter of the City of Tamarac at Article X, entitled "City Clerk," and in particular amending
Section 10.01 entitled "Appointment and Compensation"; amending Section 10.03, entitled
"Suspension or Removal;" providing for consistency between the City Clerk position and the
position of other city department heads; providing for a Notice of an Advertisement of the
Referendum Election to be published in accordance with the Code of Ordinances and the
Charter of the City of Tamarac, Florida, as well as the State of Florida Election Code;
providing that this Ordinance, when adopted, shall be submitted to the qualified electors of
the City of Tamarac, on the November 2016 General Election Ballot and it shall become
effective as provided by law; providing for the place and places where said Election is to be
held; providing for conflicts; providing for severability; providing for inclusion in the code; and
providing for an effective date. Commissioner Placko seconded by Commissioner Gomez
Page 6 of 8 COMMISSION MEETING April 27, 2016
moved approval of TO2341 on first reading. City Attorney Goren read TO2341 by title into the
record. Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 27, 2016
d. TO2342 - Amendment to the Charter of the City of Tamarac at Article V, entitled "City
Manager," and in particular amending Section 5.04 entitled "Powers and Duties of the City
Manager"; deleting the reference to the City's Building Official in the City Charter and
providing for consistency with the Building Official position and the position of other City
Department Heads: An Ordinance of the City of Tamarac, Florida, submitting to Referendum
an amendment to the Charter of the City of Tamarac at Article V, entitled "City Manager," and
in particular amending Section 5.04 entitled "Powers and Duties of the City Manager";
deleting the reference to the City's Building Official in the City Charter and providing for
consistency with the Building Official position and the position of other city department heads;
providing for a Notice of an Advertisement of the Referendum Election to be published in
accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as
well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall
be submitted to the qualified electors of the City of Tamarac, on the November 2016 General
Election Ballot and it shall become effective as provided by law; providing for the place and
places where said Election is to be held; providing for conflicts; providing for severability;
providing for inclusion in the code; and providing for an effective date. Commissioner Placko
seconded by Commissioner Gomez moved approval of TO2342 on first reading. City
Attorney Goren read TO2342 by title into the record. Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 27, 2016
e. TO2333 - Commercial Vehicle Ordinance: An Ordinance of the City Commission of the
City of Tamarac, Florida amending Chapter 14 of the City's Code of Ordinances, entitled
"Motor Vehicles and Traffic" by specifically amending Article II, entitled "Stopping, Standing
and Parking," Section 14-30 entitled "Parking or Storage of Commercial or Recreational
Vehicles, Boats and Boat Trailers" to prohibit the parking and storage of certain commercial
and recreational vehicles in residential areas except as provided herein; providing for
codification; providing for conflicts; providing for severability; and providing for an effective
date. Commissioner Placko seconded by Commissioner Gomez moved approval of TO2333
on first reading. City Attorney Goren read TO2333 by title into the record. Mayor Dressler
opened the item for discussion and Eric Paulson, Faircrest 14 Section of Mainlands, noted
that he has lived at his residence for 20 years and has always parked his commercial vehicle
in his driveway. Mr. Paulson expressed his concern about this ordinance if it passes as he
just bought a new commercial vehicle which does not meet the criteria for allowing him to
park it in his driveway. Mr. Paulson also said he cannot afford $500 or $600 to park the
vehicle off site. Mayor Dressler advised Mr. Paulson to speak with Community Development
Director Calloway after the meeting to discuss his issue.
Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 27, 2016
9. PUBLIC HEARING(S): There were no Public(s) items scheduled for this meeting.
10. ORDINANCE(S) - SECOND READING:
Page 7 of 8 COMMISSION MEETING April 27, 2016
a. T02343 - Amending Ordinance 2015-17 FY 2016 Budget: An Ordinance of the City
Commission of the City of Tamarac, Florida, amending Ordinance 2015-17, which adopted
the City of Tamarac operating budget, revenues and expenditures, the capital budget, and
the financial policies for the Fiscal Year 2016, by increasing the total revenues and
expenditures by a total of $1,651,665 as detailed in Attachment A attached hereto and
summarized in Attachment B; providing for conflicts; providing for severability; providing for
an effective date. Commissioner Bushnell seconded by Commissioner Placko moved
approval of T02343 on first reading. City Attorney Goren read T02343 by title into the record.
Motion passed unanimously (5-0).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 APRIL 13, 2016
PASSED ON SECOND READING APRIL 27, 2016
ORDINANCE NO. 0-2016-05
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing(s) items
scheduled for this meeting.
12. OTHER:
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 10:34 a.m.
n NORM
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City Clerk
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Harry Dressler, Mayor
Page 8 of 8 COMMISSION MEETING April 27, 2016
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