HomeMy WebLinkAbout2019-03-27 - City Commission Regular Meeting Minutes CITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, MARCH 27, 2019
CALL TO ORDER: Mayor Gomez called the Commission Meeting of the City of Tamarac to
order at 9:05 a.m. on Wednesday, March 27, 2019, in City Commission Chambers, Tamarac
City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko, Commissioner Marlon
Bolton, Commissioner Mike Gelin and Commissioner Julie Fishman (via phone) were in
attendance.
Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and
City Clerk Patricia A. Teufel.
1. PROCLAMATIONS AND PRESENTATIONS:
Mayor Gomez introduced Reverend Michelle Alexander, Deputy Jennifer Marion and Susan
Buzzi who were in attendance at the meeting. Mayor Gomez read Broward County's
Women's History Month Proclamation into the record.
a. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of
March 2019 as 'Women's History Month". (Requested by Commissioners Marlon Bolton &
Mike Gelin)
b. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the Month of April
as "National Poetry Month". (Requested by Commissioner Marlon Bolton)
c. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming March 2019 as
"National Colorectal Awareness Month". (Requested by Commissioner Mike Gelin)
d. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of
March 2019 as "National Nutritional Month". (Requested by Commissioner Mike Gelin)
e. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming March 8, 2019 as
"International Women's Day". (Requested by Commissioner Mike Gelin)
f. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming the Month of
March 2019 as "Problem Gambling Awareness Month". (Requested by Mayor Michelle J.
Gomez)
g. Presentation of a Proclamation by Mayor Michelle J. Gomez Proclaiming the Month of April
2019 as 'Water Conservation Month". (Requested by Public Services Director Jack Stratin)
h. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming March 2019 as
"March for Meals Month". (Requested by Mayor Michelle J. Gomez)
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i. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the Month of
March 2019 as "Bleeding Disorders Awareness Month". (Requested by Mayor Michelle J.
Gomez)
j. Presentation by Mayor Michelle J. Gomez of Certificate of Completion of 2019 Institute for
Elected Municipal Officials to Commissioner Mike Gelin.
Mayor Gomez moved out of the order of the agenda to push back Commission Reports to the
end of the meeting.
3. CITY ATTORNEY REPORT: City Attorney Goren said at the direction of the Commission
at the last Strategic Planning Session an Ordinance dealing with reports and proclamations
will be on the next Regular Commission agenda for first reading. City Attorney Goren noted
that the Commission has the prerogative to move the agenda around. City Attorney Goren
said there are several bills that they are tracking in Tallahassee which jump off the page.
You will be further updated at the next meeting. City Attorney Goren noted that the legislative
session ends on May 3ro. City Attorney Goren talked about HB/SB 15 the Local Government
Transparency Act; a bill regarding vacation rentals which is a pre-emption bill; HB3 local
government's control and regulation of business licensure and business license assets;
several ethics bills. City Attorney Goren said he has no litigation to report on.
4. CITY MANAGER REPORT:
Upcoming Events: City Manager Cernech invited people to the Movie in the Park Event on
April 5th featuring the movie "Peter Rabbit". Pre-movie activities start at 6:30 p.m. with the
movie starting at 8:00 p.m. The Wet & Wild Egg Splash for children ages 2 thru 5 will take
place at the Caporella Aquatic Center Sprayground on April 6th from noon to 3:00 p.m. and
the cost for children is $4.50 and $5.00 for adults. The Groove in the Grass Concert in the
Park featuring the music of the Caribbean Band "T-Wave" will take place on April 12th from
7:00 p.m. to 9:00 p.m. at the Tamarac Sports Complex. The Spring Fest will take place on
April 13th from 10:00 a.m. to noon at the Tamarac Sports Complex for children under 10
years of age.
City Manager Cernech said Public Services reports that the new LED installation project for
City owned street lights began on March 25th and will be ongoing starting in Districts 1 & 2 on
Commercial Boulevard.
5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation and the following
individuals spoke: Michael DiGregorio and Mary Maguire spoke in favor of moving forward
with item 6 (d) TR13242 —Award of Bid for Buffer Wall Phase IV. Ron Wasserman spoke on
various items. With no one else wishing to speak, Mayor Gomez closed Public Participation.
6. CONSENT AGENDA: Commissioner Gelin pulled item 6(d) for further discussion. Vice
Mayor Placko seconded by Commissioner Fishman moved approval of the Consent Agenda
with the exception of item 6 (d) — TR13242 — Award of Bid for Buffer Wall Phase IV. Motion
passed unanimously (5-0).
a. Approval of the February 27, 2019 Regular Commission Meeting Minutes -APPROVED
Page 2 of 7 COMMISSION MEETING March 27, 2019
b. TR13237 - Bid No. 19-06B - Boulevards Sidewalk Extension Project - Award to FG
Construction LLC, Inc.: A Resolution of the City Commission of the City of Tamarac, Florida,
awarding Bid No. 19-06B to and approving an agreement with FG Construction, LLC for the
construction of the Boulevards Sidewalk Extension Project, in accordance with Bid No. 19-
06B for a contract amount of $88,220.85; a contingency in the amount of $13,233.00 will be
added to the project account for a total project budget of $101,453.85; authorizing an
expenditure from the appropriate accounts; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2019-19
c. TR13240 - Refund of Fee for Mural Plaza: A Resolution of the City Commission of the City
of Tamarac, Florida, Authorizing the Appropriate City Officials to Issue a Refund in the
Amount of Twenty Thousand Sixty Dollars and Ninety-Two Cents ($20,060.92) to Mural
Development LLC which was Billed Incorrectly for Guaranteed Revenue and Subsequently
Collected via a Loan Closing; Providing for Conflicts; Providing for Severability and Providing
for an Effective Date.
RESOLUTION R-2019-20
e. TR13243 - Recommendation for Award of Request for Qualifications No. RFQ 19-03Q for
Economic Development Consulting Services: A Resolution of the City Commission of the City
of Tamarac, Florida awards RFQ #19-03Q to Angelou Economic Advisors, Inc. D/B/A
AngelouEconomics, KCI Technologies, Inc. F/K/A Keith and Schnars), PMG Associates, Inc.,
Redevelopment Management Associates, LLC, and Willdan Financial Services; authorizing
the City Manager to execute agreements with each firm for a period of three (3) years to
perform services on an as-needed basis in accordance with the particular firm's professional
expertise and qualifications to meet the City's economic development and redevelopment
needs; further authorizing the City Manager to exercise an option to renew any or all of these
agreements for an additional (3) year term; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2019-21
f. TR13244 - RFP #19-10RP - Tephford Park Outdoor Fitness Project: A Resolution of the
City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
award RFP #19-1ORP and execute an Agreement with DW Recreation Services, Inc., for the
Tephford Park Outdoor Fitness Project for an amount not to exceed $218,884; a contingency
amount of$21,888 will be added to the project account for a total project budget of$240,772;
authorizing expenditures from the appropriate accounts; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2019-22
g. TR13227 - Second Amendment to New Cingular Wireless Lease Agreement: A Resolution
of the City Commission of the City of Tamarac, Florida, approving and authorizing the
appropriate City Officials to execute the Second Amendment to the Site Lease Agreement
with New Cingular Wireless PCS, LLC. Extending the lease term and reducing the annual
lease escalation for the cell tower site located at 7801 NW 61st Street in Tamarac, FL;
providing for conflicts; providing for severability; and providing for an effective date
RESOLUTION R-2019-23
Page 3 of 7 COMMISSION MEETING March 27, 2019
d. TR13242 - Award of Bid for Buffer Wall Phase IV: A Resolution of the City Commission of
the City of Tamarac, Florida, awarding Bid No. 19-05B to and approving an Agreement with
MBR Construction, Inc. for the construction of Citywide Buffer Wall Project Phase IV, in
accordance with Bid No. 19-05B for a contract amount of $3,210,188.01; a contingency in an
amount of $321,018.80 will be added to the project account, for a total project budget of
$3,531,206.81; authorizing an additional appropriation in the amount not to exceed
$274,517.00 to be included in a future budget amendment pursuant to F.S. 166.241(2);
authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for
severability; and providing for an effective date.
City Attorney Goren read TR13242 by title into the record. Commissioner Fishman seconded
by Vice Mayor moved approval of TR13242. Mayor Gomez opened the floor for Commission
discussion. Commissioner Gelin said the residents are here to discuss this item and their
feedback is very important. Commissioner Gelin asked Purchasing/Contract Manager Keith
Glatz to talk about the timing of the project if the RFP for this item is put out for a re-bid.
Purchasing/Contracts Manager Glatz said if the Commission approves going out for a re-bid
on this project with no changes we can issue the bid within a week and it will be on the street
for 30 days. It will take 2 to 3 weeks to review the bids so in total approximately 60-day time
frame. Commissioner Gelin asked when construction will start, and Public Services Director
Strain said it would be 3 to 4 weeks once this is approved.
Commissioner Bolton said from emails he has received and conversations he has had with
the people that are here today they clearly want the walls. Commissioner Bolton said the
complete cost for the entire wall project is $30 million. Staff has agreed that the walls cost too
much, and we should reject the bid and go out for a re-bid. Commissioner Bolton talked about
the benefits of having the walls, but added that this is about saving money. Commissioner
Bolton said the walls will be built and noted that sending this out for a re-bid would only delay
Bolton said we ne
ed project by 60 days. Commissionero eed to get cheaper materials and re-
evaluate the look of the walls. Commissioner Bolton said the money saved could go to Public
Safety and other projects. Commissioner Bolton read a letter into the record from a resident
of District 1 asking for a wall to be built on Bailey Road, and the installation of speed bumps
and stop signs as well. Commissioner Bolton said this is not about building the walls, it is
about saving money.
Mayor Gomez said the wall in question will cost $3,532,206.81 and this will not take away the
ability to provide services to Tamarac residents and businesses and we are an AA rated City.
Vice Mayor Placko said there appears to be two issues; one is pulling the item and sending it
out to re-bid and the other is the cost of the walls and the next phase is to revisit the design
and construction. Vice Mayor Placko said she does not want to postpone the current phase
as we have already spent money on this phase. Vice Mayor Placko said if we go out for re-
bid there is no guarantee that we will get better pricing and it is better to look at cost
reductions and re-design for future phases of the wall project.
Commissioner Gelin said this bid only went out to a limited number of vendors and should be
sent out to a broader market of vendors as we may get a lower price. Commissioner Gelin
commented that he talked with the president of a construction company who said he never
Page 4 of 7 COMMISSION MEETING March 27, 2019
heard of Bids & Tenders for vendors and also said that had he known, he would have bid on
the RFP. Commissioner Gelin said if you want the walls he will vote for the walls as he is
here to represent the people. Commissioner Gelin expressed his concern that not enough
vendors bid on this item. Mayor Gomez asked Commissioner Gelin who the vendor that he
talked to was and Commissioner Gelin responded Joe Sanchez.
Mayor Gomez said we recently talked about the RFP process and bidding process and how
vendors have to market themselves to the Cities to get business. Mayor Gomez said the City
recently got a program called Demand Star in an effort to reach more vendors. Mayor Gomez
said if we go out now things might go up in cost. We have a guaranteed price now and now
other vendors can come in with a lower bid and the City could get sued. We also talked about
redesigning the walls because utilities are in Tamarac's R-O-W. Mayor Gomez said the City
has been budgeting this project for years and the residents have been waiting for years.
Commissioner Gelin said the Commission has the ability to reject a bid for any reason and
every bidder understands this. Mayor Gomez said any bidder who deems this process has
not been fair could lead to litigation. City Attorney Goren said the bid documents for this has
the appropriate disclaimer language and it reserves the right of the City Commission to reject
any and all bids. City Attorney Goren said decisions to reject bids cannot be arbitrary or
capricious, which means that if there is some hidden agenda to try to engineer another
contractor into the mix that is legally improper. City Attorney Goren said that when he asked
that question twice on Monday each Commissioner that he asked said that it was not their
intent at all, it was for other reasons. City Attorney Goren said that he can not speculate as to
whether or not someone will challenge this decision but there are several things he does
know. Our document speaks for itself, the actual bid document with the bid specifications and
the bid notice is clear and unequivocal. To reject the bid for no reason is a suspicious issue;
however, there is basis, in this Commission's opinion when you make that decision. Lastly, as
long as there is no hidden agenda to try to engineer or design or redirect this particular
vendor because of some other third party. City Attorney Goren said Commissioner Gelin
pulled this off the Consent Agenda and the public has an absolute right to be heard before
you make your decision. You have a Motion and a Second on the floor and it has not been
carried and any member of the public who choses to be heard has a legal right.
Commissioner Bolton asked City Manager Cernech if he agreed that the that the cost of the
materials is too high, and we could probably get a lower cost for the materials. City Manager
Cernech said he does agree and staff is looking into it as we need to attempt to come up with
ways to reduce the cost of materials. Concrete has escalated over the last three years and
our desire Is to look at the design and work with vendors to come up with alternatives that are
less expensive. There was a brief discussion about proper budgeting for the project from the
start. Commissioner Bolton reiterated it is not about delivery of a promise. We will build your
walls but $30 million is wasteful spending.
Mayor Gomez opened the public hearing and the following individuals spoke in favor or
moving forward with this item: Michael DiGregorio, Mary Maguire, Ron Wasserman, Diana
Taxin, Steve Nabers, Rudy Delgado, Robert Simone, Marie Claude Hyacinthe, Andrew Buys,
111 John Zungara, Madge Brown, Valerie Lewin and Gerald Heller. All pertinent information on
the speakers is on file in the City Clerk's Office.
Page 5 of 7 COMMISSION MEETING March 27, 2019
Motion passed unanimously (5-0).
RESOLUTION R-2019-24
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: There were no Ordinance(s) — Second Reading
scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S): There were no Quasi-Judicial items scheduled for this
meeting.
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton said he takes issue with moving the
Commission reports to the end of the meeting. Commissioner Bolton said we should move
the City Manager Report and the City Attorney Report to the end of the meeting instead and
felt all the reports should be moved to the end of the agenda. Commissioner Bolton said he
also takes issue with proclamations not being read into the record if someone is not here to
accept it. Commissioner Bolton said he feels it is necessary to read all the proclamations into
the record. Commissioner Bolton said he would have appreciated the Women's History
Month and Poetry Month proclamations being read. Commissioner Bolton invited people to
follow him on Facebook and said he can be reached at 954-275-3850. Commissioner Bolton
noted he is following today's meeting on Facebook.
Commissioner Bolton asked City Clerk Teufel if we have re-advertised for the Parks &
Recreation Board and City Manager Cemech said we have received applications and it is our
intention to bring them to the Commission. City Manager Cernech said we are happy to re-
advertise in to order to get more applications. Commissioner Bolton said only he is only
asking to re-advertise for the Parks & Recreation Board and wants to move forward with the
appointments to the Planning Board.
b. Commissioner Gelin: Commissioner Gelin questioned why we are moving the Commission
Reports to the end of the meeting when residents are not here. Mayor Gomez said we had a
consensus at Strategic Planning and City Attorney Goren said they have drafted an
ordinance based on that discussion as well as the discussion on limiting the time for
individual Commission Reports. Commissioner Gelin said he feels that because his report is
a digital report that is why this is being moved to the end of the Agenda. Mayor Gomez said it
was not being done because of Commissioner Gelin's digital report.
Commissioner Gelin said he attended the Kiwanis Club Meeting; Miramar Mayor Messam's
5K race; the Broward Democratic Party Obama Roosevelt Dinner; the PuroClean
Celebration; The Landings on Cypress Green Community Meeting; the National League of
Cities Washington, DC events from March 8 — 13th; participates on the Team Coleman
Page 6 of 7 COMMISSION MEETING March 27, 2019
Basket Ball Squad for Spring Basketball Season; talked about how quickly New Zealand
responded to the mass shooting and compared that to how the US handled the shooting at
Stoneman Douglas High School; talked about Women's History Month; participated in the
Broward Health Women's Wellness 5K race and talked about Sharon Baron and Mayor
Gomez openly sharing their battle with Breast Cancer. A copy of Commissioner Gelin's
PowerPoint Presentation is on file in the City Clerk's Office.
c. Commissioner Fishman: Commissioner Fishman said she would give her report on her trip
to Tallahassee at the next meeting.
d. Vice Mayor Placko: Vice Mayor Placko said she was also in Washington, D.C. with
Commissioners Bolton and Gelin and City Manager Cernech and talked about the various
individuals and departments that she met with. Vice Mayor Placko said they all were
consistent in all meetings with the various groups about Tamarac's message relative to re-
development, infrastructure, opportunity zones, transportation, fiber optics and opposition to
Everglades drilling. Vice Mayor Placko said the Community Oriented Policing Services Office
has grants that we can look into for our COPS program. Vice Mayor Placko said it proved to
be a very valuable trip.
e. Mayor Gomez: Mayor Gomez said she attended the Planning Council Meeting and
commented that Marjory Stoneman Douglas should not be known only for the tragedy. Mayor
Gomez said she also attended the Junior Achievement Ribbon Cutting and noted that
Tamarac was on a plaque as a contributor; participated in the March for Meals on Wheels
and represented Tamarac at the swearing in of Scott Brook as Mayor of Coral Springs. Mayor
Gomez expressed her appreciation for what went into the four sessions for Strategic Planning
and thanked BSO for their fund-raising event at Rob's Bagel Land for the Special Olympics.
Mayor Gomez welcomed the Tamarac University students in the audience and thanked staff
for being dedicated to the program. Mayor Gomez reported that she attended the Broward
County Women's History event; the Chamber of Commerce breakfast; the PuroClean
Celebration and the Millennium Collegiate Academy Chinese New Year celebration.
12. OTHER
There being no further business to come before the City Commission, Mayor Gomez
adjourned the meeting at 11:34 a.m.
itr—:17/4,'' .
M'chelle J. Gomez1Mayor
Patricia Teufe , C
City Clerk
Page 7 of 7 COMMISSION MEETING March 27, 2019