HomeMy WebLinkAbout2018-08-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, AUGUST 22, 2018
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9.20 a.m. on Wednesday, August 22, 2018, in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez, Commissioner Marlon
Bolton, Commissioner Julie Fishman and Commissioner Debra Placko were in attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Patricia A. Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Bolton led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
Mayor Dressler moved out of the order of the agenda and called up Tamarac Artist Susan
Buzzi to make a presentation of a portrait to BSO Captain Neal Glassman.
Presentation of a proclamation by Mayor Harry Dressler proclaiming August 22, 2018 as
Willie the Bee Man day in the City of Tamarac. (Requested by Commissioner Marlon Bolton)
Mayor Dressler moved back into the order of the agenda.
a. 2nd Quarter Neighborhood Beautification Awards:
District 1: Samuel, Valenthia F., 4810 NW 27th Terrace
District 2: Mendez, Heriberto & Cindy, 6709 NW 93rd Avenue
District 3: Sharp, Michael L., 7130 NW 102nd Avenue
District 4: Flynn, Meade W., 7619 NW 87th Avenue
Commercial: Tamarac Corral LLC (Golden Corral), 7401 W. Commercial Boulevard
b. Presentation by Mayor Harry Dressler of Employee Service Awards:
10 - Year Awards: Jerell Mash, Service Worker I, Public Services; Michael Parsons,
Equipment Operator II, Public Services
15 - Year Awards: Patricia Teufel, City Clerk, City Clerk; Rebecca Geimer,
Inspector/Paramedic, Fire Rescue; Roger Strain, Public Services Director, Public Services
Michelle Sien Sendik, Recreation Programmer II, Parks & Recreation
20 - Year Awards: Avril Major, Accounting Clerk, Financial Services; Whitney Boyd, Senior
Human Resources Analyst, Human Resources; Maria Aviles, Office Coordinator, Building,
John Coates, Lieutenant Paramedic, Fire Rescue; Michael Cunningham, Lieutenant
Paramedic, Fire Rescue; Christopher Dixon, Captain Paramedic, Fire Rescue; Martha Pyke,
Lieutenant Paramedic, Fire Rescue
30 - Year Award: Chet Jablonka, Maintenance Supervisor, Public Services
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton talked about working through the Summer
Hiatus by attending various HOA meetings; attending several conferences; the first meeting
Page 1 of 12 COMMISSION MEETING August 22, 2018
with the Broward County Community Action Agency Board and the Ft. Lauderdale Executive
Airport Advisory Board Master Planning meeting. Commissioner Bolton said if residents want
to see more of what he pursued over the hiatus you can go to his Facebook page and if you
need to speak with him you can reach him at 954-275-3850. Commissioner Bolton thanked
City Manager Cernech for putting together the proclamation for Willie the Bee Man on such
short notice.
b. Vice Mayor Gomez: Vice Mayor Gomez said she attended several Chamber Breakfasts;
the grand opening of King's Cave a men's nail salon; 3 round table meetings with the MPO
one of which was the MPO Regional Transportation Meeting in Miami and noted that she
took the Brightline to go into Miami; the Kings Point Veteran's Club meeting; the Broward
Council of Professional Firefighters event; the Sawgrass Infinity event welcoming the new
manager of the facility and met with Rose Bechard-Butman of the Broward County
Environmental & Growth Department regarding Florida friendly landscaping. Vice Mayor
Gomez said she participated in a two hour conference call with Broward County
representatives about the Public Safety Tower as well as several community meetings;
attended the African American Social Club meeting; thanked Assistant City Manager Gunn
and Administrative Coordinator Skenandore for hosting a tour of Tamarac for several
business people; thanked Firefighters Chris Dixon, David Sherman and Mark Paguio who
joined her at Challenger Elementary to welcome back the children to the first day of school;
attended the end of Summer Pool Party Back to School event at the Caporella Aquatic
Center; BSO's National Night Out and met with the new Principal of Millennium Collegiate
Academy to talk about security measures at the school. Vice Mayor Gomez encouraged
people to attend the panel discussion for the 13 Constitutional Amendments that will be on
the November ballot on August 27th at the Community Center.
c. Commissioner Fishman: Commissioner Fishman said it was good to be back from the
summer hiatus. Commissioner Fishman said she attended many meetings as well as the
Florida League of Cities Annual Conference and talked about celebrating 50 years of Home
Rule.
d. Commissioner Placko: Commissioner Placko noted that being on hiatus allowed her to
reconnect with her constituents and neighbors where she heard about issues that she was
able to help with. Commissioner Placko said she attended the grand opening of Soaring
Eagle Academy Day Care and the back to School Event at the Aquatic Center.
Commissioner Placko commented that it is nice to see the Beautification Grant money at
work in the communities. Commissioner Placko encouraged people to attend the Family
Central Gala on October 27, 2018 at the Sunrise Civic Center and thanked Tamarac Fire
Rescue personnel that joined her at Tamarac Elementary to welcome the children to the first
day of school.
e. Mayor Dressler: Mayor Dressler reported that he was busy during the hiatus with staff and
the City Attorney's Office regarding Strategic Economic Planning. Mayor Dressler
commented that the Tamarac Village project has received funding for the first phase. Mayor
Dressler said he was busy with numerous county level issues and public safety issues which
are intense issues. Mayor Dressler said there are three things that politicians can do: be
silent, hide under the desk or they can take a stand based on principals and ethics. People
need to pay attention and form opinions and vote.
Page 2 of 12 COMMISSION MEETING August 22, 2018
3. CITY ATTORNEY REPORT: City Attorney Goren said the Commission held a Special
meeting on August 13, 2018 regarding the CDBG Program for 2018/2019. After a review of
the minutes in the City Clerk's Office it appears there may have been some misplaced
information as to who made the motion and who seconded the motion to approve the item.
City Attorney Goren said the item was passed by the Commission, but the minutes need to
reflect a first and second motion. City Attorney Goren said he is asking the Commission for a
motion and second to ratify the action that was taken at the meeting of August 13th so that
there is a clear message that supports the item. Vice Mayor Gomez seconded by
Commissioner Fishman moved to ratify the action that was taken on August 13th. Motion
passed (4-0) with the exception of Commissioner Placko who briefly left the meeting. City
Attorney Goren said his office forwarded a memo to the Commission yesterday to update the
City on the status of a case that is currently pending in the 3rd District Court of Appeals in
Miami -Dade County. The case examines whether a municipality may require an individual
seeking to speak at a public meeting to provide their name and address prior to offering their
public remarks. City Attorney Goren said it is the opinion of the City Attorney's Office that the
City may ask, but may not legally require, a person to provide his/her name and address
before speaking at a City Commission Meeting. Mayor Dressler talked about the incident that
this case is based on. City Attorney Goren said this case is on Appeal and he will keep the
Commission updated as necessary.
4. CITY MANAGER REPORT: City Manager Cernech said the Community Development
Housing Division announces the opening of the 2018 Open Enrollment window for the
Owner -Occupied Minor Home Repair Program which will assist homeowners with home
repairs to correct health and safety hazards, weatherization as well as address any building
or code deficiencies. Applications will be accepted beginning August 20, 2018 through
August 31, 2018 between 8.00 a.m. to 5.00 p.m. You can access applications at
www.tamarac.orq or they can be picked up at the Community Development Department at
City Hall.
Past Event: City Manager Cernech said the Back to School Community Appreciation Event at
the Aquatic Center on August 4th had 374 attendees.
Upcoming Events: City Manager Cernech said a Rock N' Ride Event will take place on
Saturday, September 8th at the Sports Complex from 4.00 p.m. to 7.00 p.m. There will be live
music by the Journey Tribute Band — Never Stop Believin' and a Car Show, Food Trucks and
inflatable rides for the children. The Community Garage Sale will take place on Saturday,
September 15th from 7.30 a.m. to noon at Tamarac Park and individuals can sign up for the
garage sale at the Community Center or Recreation Center. Early registration is open until
August 31st with vendor spaces at $20; late registration is September 1st through September
12th with vendor spaces at $35.00.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Ron Barish, 7555 NW 99th Ave., talked about security in schools and
provided his recommendations relative to securing schools. Jeffrey Shapiro, 6104 Orchard
Tree Lane, expressed his concern with the construction obstructing views on the corner of
Pine Island and Southgate; talked about the New Development Land Code; a barrier wall on
64th Ave. and is looking forward to the upcoming Rock N' Ride event. Ron Wasserman, 8577
Jade Dr., spoke about Home Rule, encouraged people to vote and talked about Cystic
Fibrosis Awareness. Shirley of 89th Ave. in Westwood 22, Lawanda Jones, 8107 NW 93rd
Ave., both were opposed to the 325ft Cell Tower behind City Hall and Ron Barish was in
Page 3 of 12 COMMISSION MEETING August 22, 2018
favor of the tower. With no one else wishing to speak, Mayor Dressler closed Public
Participation
6. CONSENT AGENDA: Mayor Dressler asked 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 Fishman asked that item 6 (r) — TR13162 — A Resolution
Celebrating 50 years of Home Rule be pulled for discussion. Commissioner Placko seconded
by Vice Mayor Gomez moved approval of the Consent Agenda with the exception of item 6
(r) — TR13162. Motion passed unanimously (5-0). City Attorney Goren read TR13162 by title
into the record. Commissioner Fishman said she was at the Florida League of Cities
Conference celebrating 50 years of Home Rule and said cities have the right to make rules
that fit their communities because all cities are different. Commissioner Fishman read a
portion of the Resolution into the record. Commissioner Fishman said it is important that
Tamarac's residents know that the Commission listens to them. Commissioner Fishman said
the State wants to take away power from the people. Vice Mayor Gomez stalked about when
she and Commissioner Fishman were in Tallahassee last year and a conversation they had
with an individual who never served at the government level. Commissioner Fishman
encouraged people go get out and vote. Commissioner Bolton commended Commissioner
Fishman for taking up this issue and becoming a "Home Rule Hero". Commissioner Bolton
talked about his experience in Tallahassee and encouraged people to study their candidates
and get out and vote. Commissioner Placko said she cannot believe that anyone in
Tallahassee knows anything about Tamarac and they cannot make decisions for us. We
know what is best for the residents of Tamarac. Mayor Dressler talked about people wanting
to subpoena him about the pace of making a decision relative to the proposed cell tower.
Mayor Dressler talked about his experience on Wall Street and the influence Wall Street has
on elections. Mayor Dressler ended by saying if there is not Home Rule there is no
democracy. Commissioner Fishman seconded by Commissioner Bolton moved approval of
TR13162. Motion passed unanimously (5-0).
Commissioner Bolton said he wants it clear that he goes through every item on the Consent
Agenda and there are some things that should not be on the Consent Agenda, as it should be
thoroughly discussed. Commissioner Bolton said some items should be presented in another
format. Commissioner Bolton said he wanted it on the record that he sees what they are
voting on and he is very leery of the processes and policies of how the City does certain
things.
a. Approval of the June 27, 2018 Regular Commission Meeting Minutes - APPROVED
b. Approval of the July 11, 2018 Regular Commission Meeting Minutes - APPROVED
c. Approval of the August 13, 2018 Special Commission Meeting Minutes - APPROVED
d. TR13159 - Tamarac Village: Vacation of Easement: A Resolution of the City Commission
of the City of Tamarac, Florida, approving a Vacation of Easement Petition in an effort to
vacate two (2) Utility easements located on the southwest corner of the Tamarac Village
property, more specifically near the Northeast corner of Commercial Boulevard and N.W. 94
Avenue as further described in the legal description attached hereto as Exhibit A survey;
(Case No. 4-P-18); providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2018-90
Page 4 of 12 COMMISSION MEETING August 22, 2018
e. TR13141 - Lift Station 16A, 34, 37 and 2E Generator Additions: A Resolution of the City
Commission of the City of Tamarac, Florida, approving Task Authorization No. 18-19D and
authorizing the appropriate City Officials to execute Task Authorization No. 18-19D with
Eckler Engineering, Inc., to provide professional services for the design of the Lift Stations
16A, 34, 37 and 2E Generator Addition Project in the amount not to exceed $102,823.00;
including preparation of detailed plans and specifications followed by bidding assistance and
engineering services during construction, in accordance with the City's Consulting
Engineering Agreement as authorized by Resolution No. R-2016-80, for an amount not to
exceed $102,823.00; authorizing an appropriation up to the total amount of $102,823;
authorizing the appropriate City Officials to administer the Contract; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2018-91
f. TR13157 - Award Bid for Commercial Boulevard Median Landscaping Project: A Resolution
of the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-22B to and
approving an Agreement with Green Construction Technologies, Inc. for the Commercial
Boulevard Landscaping Beautification Project, located on Commercial Boulevard (SR-870)
between University Drive (SR-817) and Prospect Road, in accordance with Bid No. 18-22B
for a contract amount of $391,602.25; a contingency in the amount of $19,580.11 (5%) will be
added to the project account for a total project construction/installation budget of
$411,182.36; authorizing an expenditure from the appropriate accounts; authorizing an
appropriation in an amount not to exceed $183,310.36; authorizing the appropriate City
Officials to administer the contract; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2018-92
g. TR13156 - Approve Amendment to ILA with Broward County for Optional County Services
(Keep Broward Beautiful): A Resolution of the City Commission of the City of Tamarac,
Florida; approving the First Amendment to the Interlocal Agreement between the City of
Tamarac and Broward County for the Keep Broward Beautiful Program; authorizing the
appropriate City Officials to execute said Amendment; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-93
h. TR13142 - Water Master Plan Study Update: A Resolution of the City Commission of the
City of Tamarac, Florida, authorizing the appropriate City Officials to execute Task
Authorization No. 18-22D with Mathews Consulting, Inc., to provide professional services to
prepare an update of the Water Master Plan in accordance with the City's Consulting
Engineering Agreement as authorized by Resolution No. R-2016-80, for an amount not to
exceed $153,188.00; approving funding from the appropriate budgeted Utilities Operational
and CIAC Accounts; authorizing the appropriate City Officials to administer the Contract;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-94
i. TR13154 - Award Bid No. 18-24B for Replacement of Roofing at Water: Treatment Plant: A
Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-24B
to and approving an Agreement with Walker Design and Construction for the Water
Treatment Plant Storage Buildings Roof Replacement Project located at the Tamarac Water
Treatment Plant at 7803 N.W. 61 st Street, in accordance with Bid No.18-24B for a contract
Page 5 of 12 COMMISSION MEETING August 22, 2018
amount of $88,404.00; a contingency in the amount of $8,840.00 will be added to the project
account, for a total project budget of $97,244.00; authorizing an expenditure from the
appropriate accounts, providing for conflicts, providing for severability; and providing for an
effective date.
RESOLUTION R-2018-95
j. TR13138 - Purchase of Fitness Equipment: A Resolution of the City Commission of the City
of Tamarac, Florida, authorizing the appropriate City Officials to approve the purchase of
fitness equipment from Gym Source USA, LLC, at a cost not to exceed $175,974.13, utilizing
Broward County School Board Contract #16-097N; authorizing an appropriation of $113,887,
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-96
k. TR13150 - Utility Billing, Printing & Mailing Services: A Resolution of The City Commission
Of The City Of Tamarac, Florida, Approving The Agreement Nunc Pro Tunc Between The
City Of Tamarac And Southwest Direct Inc. for The Provision Of Utility Billing Printing And
Mailing Services Utilizing A Collier County, Florida Contract #18-7312 For A Three (3) Year
Term Commencing On June 26, 2018 through June 25, 2021, with up to Two (2) Additional
One (1) Year Extensions, at a Unit Cost Of $0.138 Per Bill; Authorizing The Appropriate City
Officials To Execute The Agreement Between The City Of Tamarac and Southwest Direct
Inc.; Providing For Conflicts; Providing For Severability; and Providing An Effective Date.
RESOLUTION R-2018-97
I. TR13153 - Approve Using Stantec for various Authorized Tasks: A Resolution of the City
Commission of the City of Tamarac, Florida, approving various Task Authorizations with
Stantec Consulting Services; authorizing a cumulative expenditure for said purpose in an
amount not to exceed $138,277.00; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2018-98
m. TR13140 - First Amendment to the Solid Waste Disposal ILA (Renewal): A Resolution of
the City Commission of the City of Tamarac, Florida, approving the First Amendment to the
Interlocal Agreement with Broward County and Participating Communities Providing for Solid
Waste Disposal Support Services Nunc pro Tunc to July 3, 2018; authorizing the appropriate
City Officials to execute said First Amendment to the Interlocal Agreement and take all steps
necessary to effectuate the intent of the Resolution; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-99
n. TR13143 - Blanket Public Ingress -Egress for Polio Tropical: A Resolution of the City
Commission of the City of Tamarac, Florida, accepting a Blanket Public Safety
Ingress/Egress Easement With Tamarac Main Street Land, LLC, for the Polio Tropical
Project, located at 8851 W. Commercial Boulevard, to provide proper access to the property
for municipal services such as utility, canal, fire and police protection, emergency and other
public safety services; authorizing the appropriate City Officials to execute said Easement;
authorizing and directing the City Clerk to record said Document in the public records of
Broward County; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2018-100
Page 6 of 12 COMMISSION MEETING August 22, 2018
o. TR13151- FDEP Grant Award- The Boulevards: A Resolution of the City Commission of
the City of Tamarac, Florida accepting a grant award in the amount of $500,000 from the
Florida Department of Environmental Protection, providing for a one-to-one match in local
funds in an amount not to exceed $500,000-1 Authorizing the appropriate City Officials to
execute a grant agreement between the Florida Department of Environmental Protection and
the City of Tamarac for grant funding in the amount of $500,000 for the installation of in -place
pipe replacements in the area located along NW 54th Street, NW 28th Avenue, and crossing
Prospect Road (collectively known as Tamarac Lakes North, or the Boulevards Community);
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.
RESOLUTION R-2018-101
p. TR13149 - Golf Cart Lease: A Resolution of the City Commission of the City of Tamarac,
Florida, Authorizing the Appropriate City Officials to Execute a Forty -Two (42) Month Lease
Agreement with Yamaha Motor Finance Corporation, U.S.A. for the Lease of One -Hundred
(100) Yamaha Golf Carts and One (1) Beverage Cart at a Monthly Rate of $3,215.05;
Providing for Conflicts; Providing for Severability; and Providing for an Effective Date.
RESOLUTION R-2018-102
q. TR13152 - Reappointing one (1) Resident Appointed Trustee to the Police Pension Board..
A Resolution of the City Commission of the City of Tamarac, Florida, reappointing Jill
Andrews Herman as Resident Trustee to the Police Pension Board to serve a two-year term
ending August 23, 2020, or until new appointments are made; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2018-103
r. TR13162 - A Resolution Celebrating 50 Years of Home Rule: A Resolution of the City
Commission of the City of Tamarac, Florida honoring fifty years of Municipal Home Rule in
the Florida Constitution and committing to an educational initiative to help Floridians
understand this beneficial right; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2018-104
7. REGULAR AGENDA:
Mayor Dressler recessed the meeting at 11.09 a.m. and reconvened the meeting at 11:19
a.m. with all present as before.
a. TR13161 - Broward County Public Safety Radio Tower: A resolution of the City
Commission of the City of Tamarac, Florida, approving a ground lease and joint use
agreement with Broward County and authorizing the appropriate City Officials to execute the
said documents for the construction of a 300 feet public safety radio tower and ground
equipment facility in the City Hall property located at 7525 NW 88th Avenue, Tamarac,
Florida 33321 at an annual rent of $10 for a maximum term of fifty (50) years, providing for
conflicts; providing for severability; and providing for an effective date. City Attorney Goren
read TR13161 by title into the record. Commissioner Bolton seconded by Vice Mayor Gomez
move approval of TR13161. City Manager Cernech said we have before the Commission a
lease for the 300+ft. Public Safety Tower behind City Hall which will replace the monopole
tower that is currently there. City Manager Cernech said the draft agreement is for 50 years
with 10-year automatic renewals for which the County will be paying Tamarac $10 a year.
Page 7 of 12 COMMISSION MEETING August 22, 2018
City Manager Cernech said the Exhibits that are referenced in the draft agreement are not
currently available and are as follows: Exhibit A — Property Legal Description; Exhibit B — Site
Plan; Exhibit C — Existing Tower Site Plan; Exhibit D — Site Plan Depicting County Equipment
and Exhibit E — Site Plan Depicting City Equipment. The Exhibits will be available and
brought back to the Commission as this goes through the DRC and Site Plan processes. City
Manager Cernech said representatives from Broward County are here to answer any
questions regarding the radio system. Mayor Dressler opened the floor for Commission
discussion. Vice Mayor Gomez asked what can be done to make Tamarac residents feel safe
should the tower come down and who would be responsible for working with the residents.
Broward County Assistant County Administrator Alphonso Jefferson said they recognize their
responsibility for the tower and assured everyone that this will be a secure tower and said the
County is self -insured. Vice Mayor Gomez reiterated that the residents need to feel
comfortable and have some sense of security and it would be nice to hear that Broward
County will take care of them. Vice Mayor Gomez wants the County to commit to repairing
any damage done by the tower and Mr. Jefferson said they take their responsibility seriously
and the lawyers are working on it. Vice Mayor Gomez said Broward County has made their
decision of the placement of this tower and Tamarac has no choice in the matter. Vice Mayor
Gomez said she appreciates what everyone has done and thanked everyone involved in the
process. Vice Mayor Gomez asked about other possible locations for the tower and added
that she felt a 200-ft. tower would provide the same coverage. However, if this 325-ft. tower
will be in the best interests of our first responders, she will support this.
Commissioner Fishman talked about the self-insurance issue and the security of our
residents that could be possibly impacted if the tower should fall, and asked Mr. Jefferson to
explain the difference between being there for the residents and sovereign immunity, which is
part of this draft agreement as well. Mr. Jefferson said the County is a self -insured entity for
all our properties, including the radio towers, we have a claims process to deal with damage
and we don't turn our back on our responsibilities. Commissioner Fishman said she spent 12
years as a legislative aide and analyst in the Legislature and they have a claims process as
well but when damages go beyond $200,000 she watched people go through that claims
process for years and still get no respite. Mr. Jefferson said it does not take years for
Broward County to resolve a claim if it is very clear and evident that it is our responsibility.
Commissioner Fishman asked if a claim came to the County that is over the $200,000
sovereign immunity limit would the County pay it. Mr. Jefferson said he cannot answer a legal
component or question from that standpoint and noted they do not have an attorney here to
answer questions. City Attorney Goren said in your backup from yesterday we were in
communication with the County Attorney's Office and posed several questions that were
asked by the Commission at the Workshop. We received responses yesterday and forwarded
that on to the Commission for your review. City Attorney Goren said the County indicated that
they cannot include language regarding third party's property as there are no third -party
beneficiaries to this agreement. Section 19 discusses the County's obligation to rebuild in the
event of a casualty and excludes City equipment. Section 12.1 provides that subject to FS
768.28 each party is responsible for all personal injury and property damage caused, either
by commission or omission, by that third party or the officers, employees, or agents thereof.
Aside from these provisions, the County does not need to specify any other events in which
the County would be responsible for any damage and any reconstruction to either the City or
private property. City Attorney Goren said FS 768.28 is a Florida Law which specifically
states Waivers of Sovereign Immunity in Tort Actions. This document does not waive the
City's Sovereign Immunity and the County does not waive their Sovereign Immunity. The
consequence of which is each party is individually insured and the end result is if there is a
Page 8 of 12 COMMISSION MEETING August 22, 2018
catastrophic event, there will be several methods for filing claims. Commissioner Fishman
said the initial RFP under "Radio Communication System Requirements" 2.1 Overview states
that the system must utilize the mandatory radios that are detailed in Appendix A.
Commissioner Fishman commented that this goes back to the feeling that this was a done
deal before the County ever came to Tamarac because of the way that the system was
constructed and in that "must list" is the tower behind City Hall. Commissioner Fishman said
that she knows that language like "must and shall" are not ignored and the fact that your own
RFP says that site must be used tells her that all of the looking around at the other sites was
secondary and this was the site that was decided before Tamarac was ever approached.
There was a discussion relative the different sites that were looked into for this particular
system. Commissioner Fishman asked if Coral Springs was looking to come back into the
Regional System and Mr. Jefferson said Coral Springs has their own system but is
considering joining the Computer Aided Dispatch System.
Commissioner Bolton asked when did they first come to Tamarac to talk about the Tower and
Mr. Jefferson said the topic has always been a widely known issue that needed to be
addressed. Back in 2015 is when they did an analysis on the radio infrastructure and the first
discussion in August or September of 2016 regarding a location in Tamarac. Commissioner
Bolton said he is always being asked about the tower and how it was spun in the media that
Tamarac was obstructing the project and to say that Tamarac does not care about safety is
wrong. The media has used a tragedy to sell this idea to put a tower in someone's backyard
which has influenced the residents. Commissioner Bolton said no one wants this tower and
the resident's concerns are legitimate. This Commission is the elected voice of the people
and they do not want a 325ft. tower in their backyard. Mr. Jefferson said at no time has
Broward County said that Tamarac was being obstructing; this is also the same we have in
Pompano Beach and Hollywood. There was a discussion about what happened after the
shooting and MSD High School with the lack of clear communication. Commissioner Bolton
asked if there was any guarantee that in 20 years the County would not come back and ask
for a 600ft. tower. Mr. Jefferson said we are building out for the future and we need 16
towers to provide coverage for all of Broward County as we have gaps in coverage in
Broward County. Commissioner Bolton said he sent this contract to an attorney, state
representatives and Senators for review and they all said they would never sign this
agreement. There was a discussion relative to the building, generator and fuel tank on the
property with the tower.
Commissioner Placko said she definitely struggled with this issue because it adversely
affects our residents. Commissioner Placko noted that she will see the tower from her house
and will be affected. Commissioner Placko asked when this project would be completed, and
Mr. Jefferson responded by December 2019. Commissioner Placko said today they are being
asked to approve a ground lease but we don't have all the documentation and that is a
problem. City Attorney Goren said typically when you sign a document the exhibits are
attached; however, these exhibits are to follow. The Commission is being asked to approve
this lease in principal subject to further review. This sets Broward County in Motion to go
through the process. Mr. Jefferson said the County recognizes that they need to go through
approvals. Commissioner Placko said that she does not like the bad press Tamarac has
gotten but when she steps back and looks at the big picture it is all about safety and we have
to protect first responders and our residents. Commissioner Placko said Tamarac is always
concerned about safety and we make sure we have the best equipment for Fire Rescue and
BSO.
Page 9 of 12 COMMISSION MEETING August 22, 2018
Mayor Dressler asked who made the decision to put this tower in Tamarac and Mr. Jefferson
said it was part of the functional design by the County's consultants to have a tower in
Tamarac and added that they had looked at multiple sites. Mayor Dressler asked how they
address the issues for cities that have height limits in their codes and Mr. Jefferson they know
they will have to go through a variance to get the height required. City Attorney Goren said
we are only addressing the lease today. Mayor Dressler apologized to County Administrator
Bertha Henry for thinking that she said he and the City of Tamarac were obstructing. Mayor
Dressler said it is in the best interest to have communication between first responders
working properly. Mr. Jefferson said there are radio gaps in Broward County and this system
will improve radio communication throughout Broward County and proper Radio
Communication has always been a priority. There was a brief discussion on Coral Springs'
and Plantation's radio systems. Mayor Dressler said his objection is that Home Rule is being
taken away from Tamarac and if we say no to the tower or the height of the tower then
Broward County will do eminent domain like they did in Parkland.
City Manager Cernech said when Broward County first arrived for discussion about a regional
system it became evident they needed a tower in Tamarac and they were always forthright in
their negotiations. Broward County negotiated with Tamarac on the issues that were of
interest to us and after the Parkland tragedy, certain considerations were given to better
security around the towers. Co -location of vendors was taken off the towers not only here but
on all other towers because of potential security problems. City Manager Cernech said the
monopole tower would go away and our equipment will go on the new tower. Mr. Jefferson
said they have given Tamarac unrestricted and unsupervised access to the building area
24/7 and we will have supervised access to the tower. Mayor Dressler reiterated that his
issue has to do with our Home Rule being taken away and if necessary Broward County can
do eminent domain. There was a lengthy discussion regarding eminent domain and the
effects that having a 325ft. tower near homes would depreciate their value. Mayor Dressler
submitted a Wall Street Journal entitled "How Power Lines Can Fry Property Values" into the
record as Dressler Exhibit 1. Mayor Dressler said we have to pick our battles and do what is
right and noted that this was a done deal for the last three years.
Commissioner Fishman said this affects the people she represents in District 3 who have an
issue with the tower and said she will vote No on this item. There continued to be a
discussion on the detrimental affect this tower will have on the surrounding communities. City
Attorney Goren said that if the Commission approves this lease the effective date is subject
to the conditions of the Exhibits. Vice Mayor Gomez wanted to know why they had to vote on
the item today and said she would rather wait until they had all the documentation. Mr.
Jefferson said the County wants to start the processes that need to take place in order to get
the project done. City Attorney Goren explained to the Commission exactly what they were
voting on. There was a discussion about tabling the item until they get the backup
information. City Attorney Goren again explained to the Commission what they were voting
on and said you can approve the lease with an effective date subject to conditions or table
the item until you have the Exhibits. There was a lengthy discussion about other locations in
Tamarac for the Tower and coverage issues. E911 Communication Administrator Jose
DeZayas explained that the goal is achieve 90% coverage with the new system and went
over the training that people will need in order to be able to use the new system. Mr.
Jefferson said we need to move the system forward now. Mr. DeZayas talked about the
locations of the other towers throughout Broward County. Commissioner Placko said she did
not understand why the burden is on the Commission to decide today and noted that she did
not like not having all the Exhibits. Vice Mayor Gomez said Broward County has an issue as
Page 10 of 12 COMMISSION MEETING August 22, 2018
their technology is out of date and they need this lease for the tower. Commissioner Bolton
went over the options that the Commission had relative to voting on this item.
Mayor Dressler said we have a Motion and a Second to approve this item and if the
Commission wants to table the item we will need a motion; there was no Motion to table the
item. Mayor Dressler said this item has been discussed enough.
Motion passed (3-2) with Commission Fishman and Mayor Dressler dissenting.
RESOLUTION R-2018-105
Mayor Dressler recessed the meeting at 3:19 p.m. and reconvened the meeting at 3.36 p.m.
with all present as before.
8. ORDINANCE(S) - FIRST READING:
a. T02385: Blue House of Tamarac - Small Scale Land Use Plan Amendment: An Ordinance
of the City Commission of the City of Tamarac, Florida, adopting a Small Scale Land Use
Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in
accordance with Chapter 163, specifically Section 163.3187 of the Florida State Statutes, for
an area of approximately 2.33 acres in size, contained in a portion of the Southern Bell
Telephone Company property on the Northeast corner of NW 76 Street and North University
Drive, originally addressed as 7600 North University Drive, more specifically described as
parcel "A" and Parcel "C", "Southern Bell — Tamarac", according to the Plat thereof, as
recorded in Plat Book 89, Page 39, of the public records of Broward County, less and except
therefrom that certain right-of-way as described in Official Records Book 8066, Page 444, of
the Public Records of Broward County and shown in Exhibit "A", to change the Future Land
Use designation from "Utilities" to "Community Facilities" in order to allow for the development
of a Special Residential Facility, Category 3 (Case No. 1-LAU-18) consistent with the intent of
the City of Tamarac Comprehensive Plan; providing for amendment to the land use plan to
reflect such change; providing for conflicts; providing for severability; and providing for an
effective date. City Attorney Goren read T02385 by title into the record. Vice Mayor Gomez
seconded by Commissioner Bolton moved approval of T02385 on first reading. Assistant
Community Development Director Zickar appeared and gave a presentation, a copy of which
is on file in the City Clerk's Office and ended by saying that the Planning Board and Staff
recommend approval. Attorney Tracy H. Lautenschlager appeared on behalf of the applicant
and gave a presentation, a copy of which is on file in the City Clerk's Office. Ms.
Lautenschlager introduced Miguel Quintero, of the Investment First Group and Brian P.
Herbert, of Gallo Herbert Architects who were there on behalf of the applicant. Assistant
Community Development Director Zickar, Ms. Lautenschlager, Mr. Quintero and Mr. Herbert
answered questions and concerns from the Commission.
Motion passed unanimously (4-0) Commissioner Bolton left the meeting at 4.06 p.m. and was
not present for the vote.
PASSED ON FIRST READING AUGUST 22, 2018
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
scheduled for this meeting.
Page 11 of 12 COMMISSION MEETING August 22, 2018
11. QUASI-JUDICIAL HEARING(S):
a. TR13158 - Dollar General: Major Revised Site Plan: A Resolution of the City Commission
of the City of Tamarac, Florida, granting Major Revised Site Plan approval (with conditions)
for dollar general at Tamarac Marketplace, to allow for the proposed 7,512 square foot
outparcel building for the subject property located in the Tamarac Marketplace Shopping
Center on the southwest corner of McNab Road and Nob Hill Road at 10100 McNab Road
(Case No. 12-SP-17); providing for conflicts; providing for severability; and providing for an
effective date. City Attorney Goren read TR13158 by title into the record. City Attorney Goren
went over the procedures and processes of the Quasi -Judicial item. City Clerk Teufel swore
in all affected parties. Vice Mayor Gomez seconded by Commissioner Placko moved
approval of TR13158. Mayor Dressier asked if anyone had anything disclose and
Commissioner Fishman, Commissioner Placko, and Mayor Dressler said no, Vice Mayor
Gomez said she had spoken with the property owner and Commissioner Bolton was not
present to make any disclosures. Assistant Community Development Director Zickar
appeared and gave a presentation, a copy of which is on file in the City Clerk's office and
ended by saying the Planning Board and Staff recommend approval with 2 conditions of
approval to which the applicant has agreed.
Commissioner Bolton returned to the meeting at 4:20 p.m.
Jeremy Anderson, P.E., appeared on behalf of the applicant and gave a presentation, a copy
of which is on file in the City Clerk's Office. Mr. Jefferson talked about landscaping,
architecture, updating the site layout, about Dollar General Corporation and the strength of
the company and why they chose this location in Tamarac and said the proposed use is
compatible with the area. Assistant Community Development Director Zickar, City Attorney
Goren and Mr. Anderson responded to questions from the Commission
Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the
Public Hearing. Mr. Anderson submitted a letter from Dollar General into the record.
Commissioner Bolton said he had no Exparte communications and had nothing to disclose.
Motion passed unanimously (5-0).
RESOLUTION R-2018-106
12. OTHER
There being no further business to come before the ity Commission, Mayor Dressler
adjourned the meeting at 4:59 p.m.
ssler, Mayor
Pat is Teufel, CMC
City Clerk
Page 12 of 12 COMMISSION MEETING August 22, 2018