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HomeMy WebLinkAbout2019-05-08 - City Commission Regular Meeting Minutes CITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, MAY 8, 2019 CALL TO ORDER: Mayor Gomez called the Commission Meeting of the City of Tamarac to order at 7:04 p.m. on Wednesday, May 8, 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 and Commissioner Julie Fishman were in attendance. Commissioner Mike Gelin joined the meeting at 7:06 p.m. Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Commissioner Bolton led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Michelle J. Gomez Commending and Congratulating Jayla Austin for Her Award Winning Chinese Poem. (Requested by Mayor Michelle J. Gomez) Mayor Gomez went out of order to take up items 1 c through 1 j c. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming the Month of May 2019 as "Pedestrian Safety/Awareness Month". (Requested by Mayor Michelle J. Gomez) d. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming May 6 - 12, 2019 as "National Women's Lung Health Week/Turquoise Takeover Initiative Week". (Requested by the Mayor and Commissioners) e. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of May 2019 as "Water Safety Month". (Requested by Parks & Recreation Director Greg Warner) f. Presentation of proclamation by Mayor Michelle J. Gomez proclaiming May 18, 2019 as "National Kids to Parks Day". (Requested by Parks & Recreation Director Greg Warner) g. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the Month of May 2019 as "Haitian Heritage Month". (Requested by Commissioner Marlon Bolton) h. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming the Month of May 2019 as "Mental Health Month". (Requested by Commissioner Marlon Bolton) i. Presentation of a proclamation by Mayor Michelle J. Gomes proclaiming the week of May 5, 2019 as "National Small Business and Economic Development Week". (Requested by Economic Development Manager Lori Funderwhite) j. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of May 2019 as "Jewish American Heritage Month". (Requested by Mayor Michelle J. Gomez) Page 1 of 6 COMMISSION MEETING May 8, 2019 Mayor Gomez then took up item 1 b: b. Presentation by Mayor Michelle J. Gomez of Certificates of Graduation to the Graduating Class of Tamarac University - May 2019: Terri Andretta, Andrea Lopes, Deborah Barden, Cynthia Martin, Laurence Barden, Marcia 111 Villers Montalvo, Cassandra Burrell, Ray Montalvo, Mark Chang, Paul Moore, Marian Cohen, Lionel Nimmo, Natasha Exemar, Melvin Niser, Lori Funderwhite, Natalia Norena, Tamika Fussell, Dione Occenad-Nimmo, Staci Gambach, Santiago Olmeda, Kimberly Gato, Rafael Ortega, Roy Gripp, Barbara Pedowitz, Reginald Hansome, Roopa Persaud, Sonia Henry, Francia Portillo, Holly Huntington, Suze Ciliona Prince, Ann Jackson, Donna Remson, Michelle Jones, Tahirah Sealy, Vida Kalhor, Grecia Smith, M. Grace Kelly, Elizabeth Spinelli, Ethel Koreen, Venus Stacy, Ellen Kramer, Madeline Stone, Deborah Legister, Mitchell Stone, Jacklyn Lerner, Barbra Tait, Lawrence Lerner, Astrid Turcios, David Levin, Gregory Tzucanow, Tasari Litherland, Viola Watson 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton thanked Beth Talabisco for starting Tamarac University in 2007 as it is a very good program. Commissioner Bolton thanked the students for being here this evening. Commissioner Bolton said he can be reached at 954-275-3850 anytime and you can also follow him on his Facebook page. b. Commissioner Gelin: Commissioner Gelin gave a presentation covering his activities for the period of April 25, 2019 through May 6, 2019, a copy of which is on file in the City Clerk's Office. c. Commissioner Fishman: Commissioner Fishman said the Lung Cancer proclamation was very poignant for her because she has lost several members of her family to lung cancer over the last few years. Commissioner Fishman said you need to advocate for your health and if there is a history you need to take care of yourself. d. Vice Mayor Placko: Vice Mayor Placko said she attended the Chamber Breakfast; the P.A.R.O.T Foundation Golf Tournament and the Honor Flight send-off. Vice Mayor Placko said she is on the Board of University Hospital and when she attends the meetings she hears everything they are doing which is not getting out to the public; i.e. new furniture, new air conditioning; the start of the renovations on the second floor; the new nuclear medicine camera; stress test machine; new handicap van; the helipad and the Di Vinci robot for surgery. Vice Mayor Placko said they will have an open house in June to demonstrate the robot. Vice Mayor Placko said she wants people to know that they are in good hands when they go to University Hospital. e. Mayor Gomez: Mayor Gomez noted that this is "Nurses Week" and thanked all nurses for the care they give. Mayor Gomez report that she had the privilege of helping Tamarac Fire Rescue install smoke detectors at the Isles of Tamarac. Mayor Gomez said people have 2 minutes to get out of your house if there is a fire; you should have a plan and practice that plan. Mayor Gomez noted that Tamarac has 2 to 3 house fires a year. Mayor Gomez said the Commission will get materials from Tamarac Fire Rescue to distribute. Mayor Gomez reported that she attended the Renaissance Charter School for Teacher Appreciation Week; the Chabad of Tamarac for a Unity Prayer and joined Vice Mayor Placko and Commissioner Page 2 of 6 COMMISSION MEETING May 8, 2019 Fishman for the Honor Flight send-off. Mayor Gomez wished everyone a Happy Mother's Day. 3. CITY ATTORNEY REPORT: City Attorney Goren said the Legislative Session just ended in Tallahassee on Saturday and his office will issue their detailed report in the next several days. City Attorney Goren said some of the bills that were passed are as follows: SB182, SB426, SPB7012, SB7014, HB9, SB82, HB107, SB168, HB409, HB437, HB441, HB447, HB851, HB861, HB1159, HB7021. City Attorney Goren gave brief descriptions of the aforementioned bills. City Attorney Goren said he will provide more updates as things move forward. City Attorney Goren ended by saying that he has no litigation to report. 4. CITY MANAGER REPORT: City Manager Cernech said the Community Development Department will open the Annual Partnership Program for HOAs and COAs seeking funds to improve and enhance qualified common areas within their community. The program will open at 8:00 am on June 17, 2019 and close at 4:00 p.m. on June 28, 2019. City Manager Cernech said the Community Development Department Housing & Neighborhoods Program Division sponsors a series of quarterly HOA meetings designed to provide valuable HOA housing related information to HOA Presidents and residents. The next series, featuring free Condo and HOA Board Member Certification Courses, will be held on June 4, 2019 at 6:30 p.m. at the Community Center. The Housing Division will also host a "How to Submit a Complete Proposal" Workshop on June 10, 2019 at 4:00 p.m. at the Community Center to provide guidance on submitting a complete application. Applications will be available in the Community Development Department and the City's website beginning June 17, 2019. City Manager Cernech reported that the Tamarac Fire Department's "Sound the Alarm Program" was held on May 3rd in the Neighborhoods of Academy Hill; Shangri-La and the Isles of Tamarac with a total of 48 smoke detectors being installed. City Manager Cernech said Hurricane preparedness season begins June 1st through November 30th. Tamarac Fire Rescue partnered with Walmart to make emergency supply kits available for sale for pick-up and purchase on June 1st during tax free week. For further information and to order your kit please log onto our website at www.tamarac.org. City Manager Cernech said Human Resources reported that this past Thursday, Tamarac together with the City of North Lauderdale and the Chamber of Commerce hosted the 2nd Annual Teacher and Non-Instructional Employee of the Year Breakfast. The purpose of the event was to celebrate the success of teachers and non-instructional employees who provide educational services to students in the cities of Tamarac and No. Lauderdale. At this year's event the City honored 34 teachers and non-instructional employees from 17 schools in the area. City Manager Cernech thanked the Boyd Anderson High School's Culinary Program who prepared a great breakfast and provided exceptional service. City Manager Cernech thanked Broward County School Board Member Lori Alhadeff for attending the event. Upcoming events: Groove on the Grass — Concert in the Park featuring the music of the band "Whisky Six" will take place at the Sports Complex on Friday, May 17th from 7:00 pm to 9:00 pm. National Kids to Park Day will take place on Saturday, May 18th from 10:00 am to noon at Tamarac Park. Operation Swim Event is a free event that teaches water safety in and around the water. This will be held on Saturday, May 18th from noon to 3:00 pm at the Caporella Aquatic Center. Page 3 of 6 COMMISSION MEETING May 8, 2019 Public Services reports that the Commercial Boulevard Landscaping Project in Districts 1 & 2, between University Dr. and Prospect Rd., has been substantially completed. This project includes removal and relocation of existing trees, removal of shrubs, and installation of new landscaping and irrigation. Commissioner Fishman invited people to the District 3 Neighborhood Meeting at Kings Point on May 22, 2019 at 6:30 pm. 5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation and the following individuals spoke: Ronald B. Barish 7555 NW 99th Ave., spoke about him working with the Broward County School Board; bullying and fighting in Tamarac. Jeffrey Shapiro 6104 Orchard Tree Lane expressed his concerns about the proposed Woodlands development project. Ron Wasserman 8577 Jade Dr., spoke on various issues; Lionel Nimmo, 7007 Mulberry Lane, spoke about his concerns regarding University Hospital and the incident at McDonald's. Commissioner Gelin made a motion to have the BSO officers to have the officers involved removed until they are evaluated, re-evaluate our Contract with BSO and do a feasibility study for our own Police Department. There was no second. 6. CONSENT AGENDA: Mayor Gomez asked City Manager Cernech if there were any changes/additions to the Consent Agenda and City Manager Cernech said there were no changes/additions to the Consent Agenda. Commissioner Gelin pulled items 6 (c) TR13250 and 6 (d) TR13269 for discussion. Vice Mayor Placko seconded by Commissioner Bolton moved approval of the Consent Agenda excluding 6 (c) TR13250 and 6 (d) TR13269. Motion passed unanimously (5-0). a. Approval of the April 10, 2019 Regular Commission Meeting Minutes - APPROVED b. TR13265 - Award of Bid No. 19-19B for the Installation of Impact Windows at the Multi- Purpose Center: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 19-19B to and approving an Agreement with Cosugas, LLC, for the Installation of Impact Windows and Doors at the Multipurpose Center Project located at 7531 N. University Drive in accordance with Bid No. 19-19B for a contract amount of $96,000.00, a contingency in the amount of $9,600.00, will be added to the project account, for a total project budget of $105,600.00; authorizing an expenditure for said purpose from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-34 City Attorney Goren read TR13250 and TR13269 by titles into the record. Finance Director Mason and City Attorney Goren responded to numerous questions from Commissioner Gelin on TR13250 and TR13269. c. TR13250 - Acceptance of Assignment of a Construction contract with The Marker Construction, LLC from AD1 Tamarac Hotels to City of Tamarac: A Resolution of the City Commission of the City of Tamarac, Florida, Authorizing the Appropriate City Officials to Execute that Certain Assignment of Construction Agreement By and Between AD 1 Tamarac Hotels, LLC, The Marker Group, LLC, and the City of Tamarac for the Acceptance of the Assignment of the Construction Contract; Providing for Conflicts; Providing for Severability; Page 4 of 6 COMMISSION MEETING May 8, 2019 and Providing an Effective Date. Commissioner Bolton seconded by Vice Mayor Placko moved approval of TR13250. Motion passed unanimously (5-0). RESOLUTION R-2019-35 d. TR 13269 Termination of Construction Agreement w/AD1 Group: A Resolution of the City Commission of the City of Tamarac, Florida, Authorizing the Appropriate City Officials to Execute that Certain Settlement and Release Agreement Between AD 1 Management Inc., AD 1 Hotels, LLC and the City of Tamarac, Attached Hereto as Exhibit "A-1", for the Termination of the Construction Contract by and Between AD 1 Management Inc. and the City of Tamarac Dated April 12, 2017; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. Commissioner Fishman seconded by Commissioner Bolton moved approval of TR13269. Motion passed unanimously (5-0). RESOLUTION R-2019-36 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: a. TO2398 - Amending Chapter 2, "Administration", Article II, "City Commission" Repealing Section 2-32 "Legislative Aides" in its Entirety: An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 2, "Administration," Article II, "City Commission," of the City of Tamarac Code of Ordinances, by repealing Section 2-32, "Legislative Aides," in its entirety; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2398 by title into the record. Commissioner Bolton seconded by Vice Mayor Placko moved approval of TO2398 on first reading. After a considerable amount of discussion, it was decided to table the item for 60 days. Commissioner Gelin seconded by Commissioner Fishman moved to table this item for 60 days. Motion passed unanimously (5-0). TABLED FOR 60 DAYS TO THE JULY 10, 2019 MEETING Mayor Gomez recessed the meeting at 9:39 p.m. and reconvened the meeting at 9:46 p.m. with all present as before b. TO2399 Local Business Preference Ordinance: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 6 of the City's Code of Ordinances, entitled "Finance and Taxation", specifically amending Article V, entitled "Tamarac Procurement Code", by creating Section 6-146.1, to be entitled "Local Business Preference"; providing for codification; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read TO2399 by title into the record. Commissioner Bolton seconded by Commissioner Gelin moved approval of TO2399 on first reading. Commissioner Gelin asked that language be added to Sec. 6-146.1(D)(9) as follows: "The City Manager and/or the City Commission shall not exercise this exemption in an arbitrary or capricious manner". And, to increase the evaluation credits in Sec. 6-146.1(6)(2) from 21/2% to 5%. City Attorney Goren and Purchasing/Contracts Manager Glatz responded to questions from Commissioner Gelin. Commissioner Gelin, seconded by Commissioner Bolton, made a Motion to approve TO2399 with the language changes to Sec. 6-146.1(D)(9). Motion passed unanimously (5-0). Commissioner Gelin, seconded by Commissioner Bolton, made a motion to accept the requested changes in Sec. 6-146.1(B)(2) from 2Y2% to 5%. Motion failed (3-2). With Mayor Gomez, Vice Mayor Placko and Commissioner Fishman dissenting. Page 5 of 6 COMMISSION MEETING May 8, 2019 Commissioner Fishman seconded by Vice Mayor Placko moved to approve TO2399 as amended. Motion passed unanimously (5-0). PASSED ON FIRST READING MAY 8, 2019 c. TO2391 - Comprehensive Procedures for City Commission Meetings: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2 of the City's Code of Ordinances, entitled "Administration", specifically amending Article II, entitled "City Commission", by amending Section 2-34, entitled Comprehensive Procedures for City Commission Meetings"; providing for codification; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read TO2391 by title into the record. Vice Mayor Placko seconded by Commissioner Fishman moved to approve TO2391. City Attorney Goren said based on the conversation at the workshop it was decided to pull this item from the agenda by motion. Commissioner Fishman, seconded by Vice Mayor Placko moved to pull TO2391 from the Agenda. Motion passed unanimously (5-0). TO2391 PULLED FROM THE AGENDA 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: There were no Ordinance(s) Second Reading items scheduled for this meeting. 11. QUASI-JUDICIAL HEARING(S): a. Commissioner E. Mike Gelin's Motion to Reconsider Pursuant to City Code Section 2- 34(j)(5) Commissioner E. Mike Gelin's Motion to Reconsider Pursuant to City Code Section 2- 34(j)(5) to Reconsider TR13257 - Rock Island Self- Storage — Major Revised Site Plan. According to the City Attorney, the Motion to Reconsider was timely filed by the Commissioner on April 25, 2019, under the City Code as a voting member on the prevailing side. City Attorney Goren read the Motion to Reconsider TR13257by title into the record. Commissioner Bolton seconded by Commissioner Gelin moved approval of the Motion to Reconsider TR13257. Commissioner Gelin said a resident had complained that the map in the advertisement had the meeting time listed as 7:00 p.m. instead of the correct time of the meeting at 9:00 a.m. Commissioner Bolton said the resident is the President of Sun Vista Garden Condominium Assoc. Adam Dahari wherein he references that the residents do not want a storage facility on the corner of Commercial Blvd. and Rock Island Rd. Commissioner Bolton read the email from Mr. Dahari into the record. A copy of Mr. Dahari's email is on file in the City Clerk's office. There was a brief discussion on the Motion to Reconsider TR13257. Motion to Reconsider TR13257 at the May 22, 2019 meeting passed unanimously. (5-0). 12. OTHER There being no further business to come before the City Commission, Mayor Gomez adjourned the meeting at 10:30 p.m. 7,: Michelle J. Gomez);/Mayor ayor Patricia Teufel, C City Clerk Page 6 of 6 COMMISSION MEETING May 8, 2019