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HomeMy WebLinkAbout2021-06-23 - City Commission Regular Meeting MinutesCity Commission Minutes Wednesday, June 23, 2021 7 p.m. CALL TO ORDER: Mayor Gomez called the Wednesday, June 23, 2021, Regular City Commission meeting, being held at City Hall, to order at 7:02 p.m. ROLL CALL: Commissioner Marlon Bolton, Commissioner Mike Gelin, Commissioner Debra Placko, Vice Mayor Villalobos and Mayor Gomez were in attendance. PLEDGE OF ALLEGIANCE: The City Commission led the Pledge of Allegiance. 1. CITY ATTORNEY REPORT None 2. CITY MANAGER REPORT a. Award to the Winner of the "Name the Dog" Contest Commissioner Placko announced the winner, Adoni Wollaston, for his name Speckles McFreckles. Adoni, a 5th grade student at Challenger Elementary, read his speech and accepted a tablet, 2-years of free Wi-Fi access and a $100 gift card. b. Employee Service Awards City Manager, Mike Cernech, provided a presentation, which is on file in the City Clerk's Office. 5-Years of Service Sal Innusa Troy Wilbanks Amber Davenport Hana Davis 10-Years of Service Willie Conde Zaira Desiderio 15-Years of Service Paul Barrows 20-Years of Service Marshall Seals 3. PUBLIC PARTICIPATION Mayor Gomez opened for public comments. a. Rudy Delgado, 8307 NW 57th Court, Tamarac, provided remarks, which are attached. b. Darcy Schiller, 7879 Granville Drive, Tamarac, provided comments related to Commissioner Bolton and his conversion to Judaism. Schiller also provided comments related to Commissioner Bolton and Commission Gelin about civility and treating other members of the Commission with respect. Schiller also stated people in the community were disgruntled with their behavior and said enough -is - enough. She called on City Manager and City Attorney to take action. Mayor Gomez closed public comments. 4. CONSENT AGENDA a. Approval of the April 14, 2021, Virtual City Commission Meeting Minutes b. Approval of the April 28, 2021, Virtual City Commission Meeting Minutes c. Approval of the May 12, 2021, Virtual City Commission Meeting Minutes d. TR13613 — Diversity, Equity & Inclusion Board Appointments A Resolution of the City Commission of the City of Tamarac, Florida, appointing five members to the Diversity, Equity & Inclusion Board, four members appointed by each of the Commissioners and one member appointed at -large by the Mayor, to serve terms concurrent with their appointing Commissioner or until such time new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. e. TR13614 — Cisco Systems Flex Licensing Agreement A Resolution of the City Commission of the City of Tamarac, Florida, ratifying past purchases from Presidio Network Solutions and awarding IFB 21-20B to Presidio Network Solutions for the purchase of a three (3) year Cisco Systems Flex Licensing Agreement at a total of three (3) year cost of $64,752.50, paid annually with a Year 1 cost of $15,636.50 and a Year 2 and Year 3 cost of $24,558.00 per year, and authorizing the appropriate City Officials to execute a three (3) year Cisco Systems Flex Licensing Agreement; authorizing expenditures from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. TR13615 — Palo Alto Network Firewalls Purchase A Resolution of the City Commission of the City of Tamarac, Florida, ratifying past purchases from PC Solutions & Integrations, Inc. and approving the purchase of Palo Alto Networks Firewalls from PC Solutions & Integrations, Inc. at a total costs of $19,208.55; authorizing expenditures from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. g. TR13627 — Cisco Systems SMARTnet Maintenance and Support Renewal A Resolution of the City Commission of the City of Tamarac, Florida, ratifying past purchases from Presidio Network Solutions and approving the purchase of a Cisco Systems SMARTnet maintenance and support agreement from Presidio Network Solutions at a local cost of $44,665.86; authorizing expenditures from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. h. Pulled from Consent i. TR13630 — District 2 Parks & Recreation Board Appointment A Resolution of the City Commission of the City of Tamarac, Florida, appointing Donnette Smith to the Parks and Recreation Board to serve a term concurrent with the appointing Commission member, or until such time as new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. j. Pulled from Consent Mayor Gomez asked the City Manager if there were any additions or deletions. City Manager Cernech stated there was none, however, there has been a request by the applicant to defer item 6.a. — Tamarac Village Planned Development Agreement to Sept. 8, 2021. Commissioner Gelin asked that items 4.h. Accepting LWCF grant for Sunset Park, and 4.j. Proclamation supporting the City of Fort Lauderdale's Resolution to name a portion of Davie Boulevard after Rubin Stacy be pulled from the Consent Agenda. Commissioner Bolton motioned to approve as amended. Vice Mayor Villalobos seconded. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. Mayor Gomez asked that the discussion for the Consent Agenda items be postponed to allow Senator Perry Thurston to provide his legislative update. 2.a. Legislative Update — Senator Perry Thurston, District 33 (Out of Order) Mr. Thurston apologized for running late and then provided a brief overview of the last legislative session. Thurston mentioned the budget, the Sadowski Fund, SB90, HB1, S1372, 74 and 76. Mr. Thurston congratulated the City regarding receipt of funds for the C14 project, and removal of booking photos from the internet. He thanked everyone for having him, and looks forward to continuing to work with the City of Tamarac. Mayor Gomez asked the City Attorney to read Item 4.h. for the record. City Attorney Herin read the title for the record. TR13628 — Accepting LWCF grant for Sunset Point Park A Resolution of the City Commission, of the City of Tamarac, Florida, accepting a Land and Water Conservation Fund (LWCF) grant award in the amount of $400,000 from the U.S. Department of Interior (DOI) through 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 $400,000 for the Sunset Point Park project; providing for a one to one match in local funds in an amount not to exceed $400,000; providing for acceptance of the award and execution of necessary documents pending legal review; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Bolton motioned to approve. Commissioner Gelin seconded Discussion by the Commission ensued related to the voting record at a previous meeting Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Commissioner Bolton, Commissioner Gelin, Commissioner Placko and Mayor Gomez were in favor. Vice Mayor Villalobos dissented. Proclamation supporting the City of Fort Lauderdale's Resolution to name a portion of Davie Boulevard after Rubin Stacy. Commissioner Gelin motioned to approve. Commissioner Bolton seconded. Discussion by the Commission ensued. Clerk Johnson conducted a roll call vote, and the motion failed 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez dissented. Commissioner Gelin and Commissioner Bolton were in favor. 5. REGULAR AGENDA a. TR13620 —Adoption of the Economic Development Incentives Program for Commercial Corridor Revitalization A Resolution of the City Commission of the City of Tamarac, Florida, to adopt Developer Incentives Economic Development Program consisting of a Commercial Real Estate Development Accelerator (REDA) Grant and a Commercial Plaza Owner Facade and Exterior Improvements Grant as recommended in the Economic Development Strategic Plan in order to facilitate Commercial Corridor Revitalization in an allocation not to exceed $3,500,000 and with future grant projects to be approved by the City Commission; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Lori Funderwhite, Economic Development Manager, and Molly McKay of the Willden Group, provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Discussion by the Commission ensued with the Commission asking to include maintenance as part of the grant contract. Clerk Johnson conducted a roll call vote, and the motion carried unanimously. b. TR13629 — Increasing Net Value of Contract with Baron Signs for the City of Tamarac Comprehensive Signage Program A Resolution of the City Commission of the City of Tamarac, Florida, approving a net increase not to exceed one million two hundred and sixty thousand dollars ($1,260,000) in the contract value for Baron Signs Manufacturing for the fabrication and installation of signs under the comprehensive signage program for a total estimated expenditure of three million six hundred and three thousand seven hundred and five dollars and seventy- nine cents ($3,603,705.79); authorizing the approval of Change Order Number 012 in the amount of One Million Two Hundred and Sixty Thousand Dollars ($1,260,000), attached hereto as Exhibit "A"; authorizing the City Manager or designee to approve line item change orders within the approved budget; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comment. Discussion by the Commission ensued. Clerk Johnson conducted a roll call vote, and the motion to approve carried 4-1. Commissioner Bolton, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Gelin dissented. Mayor Gomez recessed the meeting at 9:03 p.m. and reconvened at 9:20 p.m. 6. ORDINANCE(S) FIRST READING a. T02473 — Tamarac Village — Planned Development Plan Agreement Amendment An Ordinance of the City Commission of the City of Tamarac, Florida, approving and authorizing the Mayor, ice -Mayor, or City Manager of the City of Tamarac, Florida, on behalf of the City, to maned, execute, and to otherwise enter into an amended and restated Planned Development Master Development Plan Agreement between the City of Tamarac and JKM Tamarac Village, LLC, attached hereto as Exhibit "B", for the development of property located on the north side of Commercial Boulevard, generally between NW 94thAvenue to the west and Pine Island Road to the east with portions located north of the NW 57th Street, generally known as "Tamarac Village" within the City of Tamarac, more legally described in Exhibit "A"; authorizing the appropriate city officials to do all things necessary to effectuate the intent of this ordinance; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Placko motioned to table the item to Sept. 8, 2021. Vice Mayor Villalobos seconded. Clerk Johnson conducted a roll call vote, and the motion carried unanimously. 7. PUBLIC HEARING a. TR13621 — ILA Providing for the Aitken and West Lake Park Parcel Property Exchange and Lease An Ordinance of the City Commission of the City of Tamarac, Florida, approving the first amendment to the Interlocal Agreement between Broward County and the City of Tamarac regarding property transfers providing for the City's transfer of the Aitken Property to the County in exchange for the West Lake Park Property and the terms of lease of the West Lake Park Property to the County; authorizing the Mayor and the City Manager to execute said Amendment; authorizing the Mayor and the City Manager to take any and all action consistent with this Resolution, including but not limited to the execution of a warranty deed and all closing documents, necessary to effectuate the transfer and the execution of ground lease; providing for codification' providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Placko seconded. Annika Ashton, Broward County Deputy Attorney, summarized the item and stated this transaction will complete the countywide E-911 system. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote and the motion carried unanimously. 8. ORDINANCE(S) SECOND READING a. TO2453 — Public Art Ordinance Amendment An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 5 of the City's Code of Ordinances, entitled "Buildings and Building Regulations" by specifically amending Article XI, entitled "Public Art Program", Section 5-301 entitled "Definitions" to provide for an definition for construction value; providing for clarification for the assessment and collection of a one (1) percent public art fee for land development projects subject to the requirements of the city's public art program; amending Section 5-302 entitled "Public Art Fee", to establish additional provisions by which the required one (1) percent public art fee may be provided for in Hey of payment to the city's public art fund; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Placko seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Discussion by the Commission ensued. Director of Community Development, Maxine Calloway, answered questions from the Commission. Commissioner Placko motioned to approve as amended. Commissioner Bolton dissented. Commissioner Placko withdrew her motion, and amended motion. Commissioner Bolton dissented. Vice Mayor Villalobos made a substitute motion to approve as amended. [performing arts would not be an option available to the developers in lieu of the one percent, and Section (A)(2)(f), after the word artwork, we would insert by the "Developers it's assignees and successors in interest."] Commissioner Placko seconded. Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commissioner Gelin dissented. 9. QUASI-JUDICIAL HEARING(S) a. TBO46 — Jenny Spa — Special Exception 6/2021 Jianhua Deng, owner of Jenny Spa, Inc., and the designated agent of the property owner, M.J. Florida Investments, LLC, is requesting approval of a Special Exception to allow for the use of a massage establishment at the subject property, legally described as Parcel B, 81-22B on the Plat of Maccaris Office Plaza, located at 4620 W. Commercial Blvd. Suites 10 and 11, Tamarac, Florida. City Attorney Herin read the rules for a Quasi -Judicial hearing, and read the title for the record Clerk Johnson administered an oath to the applicant Jianhua Deng, Amy, the applicants interpreter, and Community Development Director Maxine Calloway, who will be providing testimony on behalf of the application. Mayor Gomez asked each of the elected officials if they had any ex parte communications. Commissioner Placko, Commissioner Gelin, Vice Mayor Villalobos and Mayor Gomez stated no. Commission Bolton stated he had residents reach out to him, and forwarded the inquiry to the City Manager. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Director of Community Development, Maxine Calloway, provided a presentation, which is on file in the City Clerk's Office. Discussion between the Commission, and the applicant, ensued. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Commissioner Bolton withdrew his motion to approve. Commissioner Bolton made a substitute motion to approve with a condition that the applicant has agreed to the special exception for a term of one year, and 60 days prior to the expiration of that one year that staff bring a report forward for you to consider extending the special exception. Clerk Johnson conducted a roll call vote, and the motion failed 3-2. Commissioner Gelin, Commissioner Placko and Mayor Gomez dissented. Commissioner Bolton and Vice Mayor Villalobos were in favor. Vice Mayor Villalobos made a request to move his item up, which will be less than 5 minutes, prior to Item 9.b. — 9.e. Commissioner Bolton seconded. Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Commissioner Bolton, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Gelin dissented. 10.a. Civility and Meeting Decorum (part 1 —Out of Order) Vice Mayor Villalobos asked the City Clerk to read into the record the Code of Ethics, Clerk Johnson read Section, 2-403 of the City's Code of Ordinances for the record. Vice Mayor Villalobos discussed his concerns related to the actions of the Commission, and made a motion to have a retreat and get us back on track. Vice Mayor Villalobos withdrew his original motion, and moved to extend the meeting until everything on the agenda is heard. Commissioner Bolton seconded. Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Commissioner Bolton, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Gelin dissented. 9.b. TR13616 — Parkside Memory Care Allocation of Bonus Sleeping Rooms A Resolution of the City Commission of the City of Tamarac, Florida, allocating seventy- two (72) bonus sleeping rooms to allow for a special residential facility, category (3), as defined in the Broward County Land Use Plan, containing seventy-two (72) sleeping rooms for the subject property located at 7501 NW 76 Street Tamarac, Florida, (tract a less the north 20 feet of the west 85 feet, and all of the tract C, Southern Bell -Tamarac, according to the plat thereof, as recorded in Plat Book 89, p39, of the public records of Broward County) to provide for consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1-FLX-21); providing for conflicts; providing for severability; and providing for an effective date. 9.c. TBO47 — Parkside Memory Care ALF Variance — Parking A Variance from Section 10-4.3(D)(2), Table 10-4.1, Minimum Number Off -Street Parking Spaces, to allow for a minimum parking required of thirty-seven (37) parking spaces for a 43,000 square foot Assisted Living Facility in lieu of a minimum of ninety (92) spaces. Notice of the request for the Variance was given as required by law. The City Commission of the City of Tamarac ("Commission") has identified that the property located at 7501 NW 76 Street, Tamarac, Florida, 9the "Property") is located in the (PF), Public Facilities Zoning District. 9.d. TBO48 — Parkside Memory Care Variance — Landscape A Variance from Section 10-4.4(D)(3)(c)(i), Land Development Code, to allow for a buffer area on the nonresidential plot with a minimum continuous depth of thirteen (13) feet of landscape area along a portion of the north property line and fourteen (14) fee of landscape area along the east property line in lieu of a minimum continuous depth of twenty-five (25) feet of landscaping for a property that directly abuts a Residential District. 9.e. TR13618 — Parkside Memory Care Major Revised Site Plan A Resolution of the City Commission of the City of Tamarac, Florida, granting a Site Plan Approval (Major) with conditions to allow for the development of a new two (2) story assisted living facility for memory care residents containing a total of ninety-six (96) beds in seventy-two (72) sleeping rooms; for the subject property located at 7501 NW 76 Street, Tamarac, Florida, (tract a less the north 220 feet of the west 85 feet, and all of tract C, Southern Bell Tamarac, according to the plat thereof, as recorded in plat book 89, page 39, of the public records of Broward County) (Case No. 12-SP-?0); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the titles of items 9.b. — 9.e., and stated there would be one presentation for the items. Individual votes would be taken for each of the items, after staff and applicant presentations. Clerk Johnson administered an oath to Seema Lakhani the applicant, Rosa Ramos the applicant's architect, Deana Gray who is representing the applicant, and Community Development Director Maxine Calloway, who will be providing testimony on behalf of the application. Mayor Gomez asked each of the elected officials if they had any ex parte communications. Commissioner Placko, Commissioner Gelin, Vice Mayor Villalobos and Mayor Gomez stated no. Commissioner Bolton departed the meeting at 11:03 p.m., and returned at 11:12 p.m. Upon return, Mayor Gomez asked if he had any ex parte communications, and he stated no. Ms. Gray introduced herself and the applicants. She offered to provide a presentation, but waived in lieu of Ms. Calloway's detailed presentation. Discussion by the Commission ensued. Following discussion, Commissioner Gelin motioned to table the items until the next meeting. Commissioner Bolton seconded. Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Commissioner Gelin, Commissioner Bolton, Commissioner Placko and Vice Mayor Villalobos were in favor. Mayor Gomez dissented. City Attorney Herin, for the record, stated Items 9.b. — 9.e. would be tabled until the next meeting. [July 14, 2021] 10. OTHER a. Civility and Meeting Decorum Requested by Vice Mayor Villalobos Vice Mayor Villalobos made a motion to direct city staff to move forward with a retreat so that we can better represent our city as a whole through the retreat. Mayor Gomez clarified, and Vice Mayor Villalobos confirmed, it would be with a facilitator and with the members of the executive team. The motion died for a lack of a second. Discussion by the Commission continued. Commissioner Gelin departed the meeting at 11:54 p.m. Discussion by the Commission continued related to hosting a retreat, communication, sticking to what the Commission agrees to, having all five Commissioners in cohesion, etc. There being nothing further to discuss, Mayor Gomez adjourned the meeting on Thursday, June 24, 2021, at 12:17 a.m. Minutes transcribe; and submitted by City Clerk Jennifer Johnson. Jennifer Johns r,. Clot; Michelle J. Gomez, Mayor Note to the reader: The above signature is the City Clerk, of the City of Tamarac, Florida. if the minutes you have received are not signed, or completed as indicated above, they are not the official minutes of the Tamarac City Commission Meeting held Wednesday, June 23, 2021. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771. PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR COMMISSION MEETING JUNE 23, 2021 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE v ' VC-1 cQAV0 10 07 TA-M 33Z1 /Vv S-7 c i C . CJ { �j �^ (Vv s lltp _ My name is Rudy Delgado 954-529-7575 * rudydelgado@hotmail.com, resident of Tamarac for the last 7 years. I belong to District #2, Section 11 orFairhaven Eleven and my HOA consists of 255 homes. Our association provides irrigation to our homes using water from the canal as part of the benefits of the monthly fees. I want to talk about a big project consisting of rebuilding our entire irrigation system and which was done by my administration in an insidious manner. As of four years ago the irrigation was in bad condition due to neglect over the years. Since I am a retired laboratory technician with experience in multimillion dollar machine maintenance, I volunteered to be in charge of irrigation and try to restore it. After one year I had it running even though I had very little support from the board. I admit there were still hidden problems but every home was getting sprinkler water and all problems were going to be properly addressed. Last year the administration found some money in reserves and decided to overhaul the entire irrigation. So far so good except that I was fired. My position as irrigation champion was commandeered by someone with no experience on irrigation but with the approval of the majority of the board, as I was told. A contractor was hired for the operation. But what is wrong with this? The contractor sold us an expensive system that is not adequate for our application and the administration committed several mistakes in the process: 1- A request was made by me as 2"d Vp for a written estimate from the selected contractor but the estimate was never provided. Work in progress costs were submitted by the treasurer verbally at board meetings. It is my belief that the total cost is about $150,000. 2- The old system used to have 13 Rainbird timers identical to those that the City of Tamarac uses at road medians: in order to avoid digging trenches for new underground wiring, the contractor installed wireless timers of a kind that is to be used where there is no electricity available, such as a remote farm. That is not our case. Each timer is powered by a 9 VDC battery. They did not install 13 of those timers but over one hundred of them. This is a ridicule amount even at a remote farm. 3- Each new timer is located underground in a pit where it can get flooded after a downpour and the quality of installation, in general, is mediocre with flying connections. 4- 1 believe this operation was conducted without a permit. May I kindly request from the City of Tamarac to inspect the irrigation installation and the procedure followed by my administration. I am available for all details.