HomeMy WebLinkAbout2018-03-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, MARCH 28, 2018
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9:13 a.m. on Wednesday, March 28, 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 Fishman led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Legislative Update - Representative Barrington Russell: Rep. Russell said it was a
pleasure to be before the Commission and introduced his Legislative Assistant Patricia
Amiel-Young. Rep. Russell reported that the 2018 Legislative Session has ended, and a
budget was passed, which is 4.4% higher than least year's budget. Rep. Russell went over a
list of programs that were funded. Rep. Russell said there was a missed opportunity to
expand Medicaid. Rep. Russell said he joined the North Lauderdale march in support of the
students who have been victims of school violence and noted that he voted against HB7026
— the Marjory Stoneman Douglas High School Public Safety Act — as he felt that it did not go
far enough, and he cannot support arming teachers. Rep. Russell said he hopes to revisit
this in the next session with more meaningful legislation. Rep. Russell went over a list of
failed bills and a few that did pass. Rep. Russell thanked the Mayor and Commission and
said it is a pleasure representing Tamarac in the State of Florida and is looking forward to
working with the Commission and staff in the coming year.
b. 4th Quarter Neighborhood Beautification Award
District 1: Do, Thuan Cao & Mennillo, Mai Q, 4811 NW 58th Street
District 2: Somoza, Patricia, 8605 NW 58th Place
District 3: Burn, Larraine E., 10600 NW 80th Court
District 4: Poole, Kennan, L & Rinaldi, Geraldine, 7928 NW 83rd Street
Commercial: Northstar Funeral Services Florida, LLC, 8135 W. McNab Road
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton said he held a Town Hall meeting on taxes
because residents of Central Parc complained about their taxes. Finance Director Mason as
well as the Broward County Property Appraiser Marty Kiar was there to address everyone's
concerns. Commissioner Bolton said he wanted to address an incident that occurred at the
March 14, 2018 Commission Meeting. After a 4 to 1 vote on a Zoning in Progress issue he
left the dais to go to the bathroom and then briefly returned to get some medicine. He then
again left the dais to take the medication and had every intention to return. When he left he
thought that a quorum was still present and did not realize that with Vice Mayor Gomez and
Page 1 of 7 COMMISSION MEETING March 28, 2018
Commissioner Fishman participating via phone that a physical quorum was not present and
the meeting, upon the advice of legal counsel, was adjourned. Commissioner Bolton said he
felt he was treated unfairly and disrespectfully by Mayor Dressler who often is hostile with
him. Commissioner Bolton then spoke about a discussion prior to the start of a Special
Workshop on January 17, 2018, when all the department directors were present, and Mayor
Dressler had a heated discussion with him relative to certain customs and practices.
Commissioner Bolton apologized for his absence on the dais and asked Mayor Dressler to
apologize to him for the way he was addressed. Commissioner Bolton noted that he could not
remain silent on this issue and serve in fear.
b. Vice Mayor Gomez: Vice Mayor Gomez said she had the pleasure of attending the
meeting with the Consulate General of Israel relative to the shooting at Stoneman Douglas
High School. Vice Mayor Gomez said she attended memorial services for Tamarac's First
Police Chief Larry Wark, who was also the 2011 Pioneer of the Year, and Fire Chief Harry
Small of Pompano Beach. Vice Mayor Gomez said she attended the following events: Megan
Morrisey Fund Raiser for the Bit by Bit Charity; the ground breaking at Colony West; met with
students attending the 2018 Tamarac University program; the Commission update meeting
with the executive team; the Broward County Women's Hall of Fame event and the African
American Social Club meeting. Vice Mayor Gomez invited people to attend the District 2
Neighborhood Meeting on April 18th at Lime Bay Clubhouse and said she was sorry she
missed the Tamarac Kiwanis Pancake Breakfast at Applebee's. Vice Mayor Gomez said that
when she was in Washington D.C. she was appointed to the National League of Cities
Transportation Infrastructure Services Committee and she advocated for specific needs of
Tamarac. Vice Mayor Gomez met with Representatives Deutch and Hastings, Senators
Nelson and Rubio and Mr. Miles from the Governor's Office and talked about what is going
on in Tamarac and also spoke with an individual from the National Endowment of the Arts.
Vice Mayor Gomez reported that next week Tamarac will start wrapping their transformer
boxes and is looking forward to seeing that. Vice Mayor Gomez wished everyone a Happy
Passover and Easter.
c. Commissioner Fishman: Commissioner Fishman noted that she also had the pleasure of
representing Tamarac in Washington, D.C. at the National League of Cities Conference. She
was appointed to the Energy, Environment & Natural Resources Committee. Commissioner
Fishman said she spoke with Senator Nelson about the need to preserve the Everglades and
attended an Education Task Force workshop as well as a workshop regarding ending
veteran's homelessness. Commissioner Fishman said she spoke with Representative
Hastings about our School Readiness Initiative. Commissioner Fishman said she also
attended the Broward Human Rights Board meeting. Commissioner Fishman said she
welcomed the 2018 class of Tamarac University; attended the Broward Reads Coalition
meeting; a Human Trafficking meeting; the Broward County Women's Hall of Fame event; the
African American Club at Kings Point meeting; took a tour of the Children's Diagnostic and
Research Center and spoke of what the facility offers.
d. Commissioner Placko: Commissioner Placko said she also welcomed the students of
Tamarac University; attended the Springfest; and read a book entitled "Chantelle You Smell"
written by Chantelle at the Family Central Sponsored Story Time event. Commissioner
Placko reported that she too was at the Commission update meeting and was at the Colony
West groundbreaking. Commissioner Placko said the students at Marjory Stoneman Douglas
High School need to keep fighting and stay strong and ignore the nay Sayers. Commissioner
Placko ended by wishing everyone a Happy Passover and Easter.
Page 2 of 7 COMMISSION MEETING March 28, 2018
e. Mayor Dressier: Mayor Dressler said he attended the Colony West ground -breaking
ceremony and noted that this is a significant project for Tamarac. Mayor Dressler said he also
met with several people relative to potential economic development projects both residential
and commercial.
3. CITY ATTORNEY REPORT: City Attorney Goren said with regards to Section 790.33 F.S.
— the Super Preemption discussion on gun control, management and regulation since the last
meeting, Every Town USA will be filing a lawsuit shortly on behalf of several Broward cities, -
Coral Springs, Pembroke Pines, Coconut Creek and potentially Sunrise. This will challenge
what appears to be the accessorization concept of the State Statute. City Attorney Goren
said the Weiss Serota law firm has signed up a number of cities, most of which they
represent already, to challenge the issue of the penalties; the potential of the removal of an
elected official from office and the potential for third party liability issue. Broward County is
contemplating their own separate declaratory action as well; however, he is not sure if it is in
the Federal Court or the State Court. Several of the aforementioned litigations may be
ultimately consolidated by a Judge. There are three separate sets of issues going on at the
same; the Every Town potential litigation, the Weiss Serota litigation spearheaded by Weston
Mayor Stermer and the Broward County declaratory action. City Attorney Goren said he will
keep the Commission posted.
City Attorney Goren said lastly, you have read in the newspapers and other media, there are
a number of government agencies that are currently engaged in opioid litigation to which
Broward County is party. City Attorney Goren said he has been consulted about the eight
cities in Broward County that might be interested in pursuing joint litigation. Palm Beach
County may have their own and Broward County is seriously following along. City Attorney
Goren said they are tracking these as they progress and will provide the Commission with
information as it progresses.
4. CITY MANAGER REPORT: City Manager Cernech reported that in preparation for the
upcoming hurricane season, Assistant Fire Chief Jeff Moral and Emergency Preparedness
Specialist Van Schoen are attending the National Hurricane Conference in Orlando where
they will network with other Emergency Management professionals, take classes and listen
for lessons learned from the past hurricane season so we can be better prepared for the
2018 Hurricane Season.
City Manager Cernech said this afternoon the City of Tamarac will unveil its new website
which is modern, fresh, clean and responsive. It will size itself to mobile devices for a much
better customer experience. This is a result of a collective effort between all City
departments, the PIO and IT departments as well. City Manager Cernech invited users to let
the City know how we can make it even better.
Upcoming Events: The Movie in the Park featuring "Coco" will take place on Friday, April 6th
at the Sports Complex. Pre -movie activities start at 7:00 p.m. and the movie will start at 8:15
p.m. The Spring Splash Bash will take place at the Caporella Aquatic Center on Saturday,
April 7th from noon to 4:00 p.m. and a special dedication of the new pool Scoreboard will take
place at 12:30 F.m. Pool entrance fees apply. The Concert in the Park will take place on
Friday, April 20t at the Sports Complex from 7:00 p.m. to 9:00 p.m. and will feature "Simply
Tina" a Tina Turner Tribute Band. Food will be available for purchase.
Page 3 of 7 COMMISSION MEETING March 28, 2018
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Robert Reddock, 7314 NW 75th St. asked the Commission to look into
instituting the Low -Income Senior Residency Tax Exemption; Aralyn Bairan, 8101 NW 68th
Ter., talked about the shooting at Stoneman Douglas High School and gun violence and
expressed her disappointment with Rep. Barrington Russell on voting "No" on the Gun
Violence Bill.
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 Placko seconded by Commissioner Bolton moved approval
of the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the March 14, 2018 Regular Commission Meeting Minutes - APPROVED
b. TR13081 - Lenovo Computer Lease: A Resolution of the City Commission of the City of
Tamarac, Florida, authorizing the appropriate City Officials to execute a new schedule to our
existing Master State & Local Government Lease Agreement with Lenovo Financial Services
to lease forty-three (43) Lenovo computers and twenty (20) docking stations for three (3)
years at an annual cost of $17,255.92 for a total cost of $51,767.76 at the end of three years,
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-27
c. TR13070 - Enterprise Content Management (ECM) System Replacement: A Resolution of
the City Commission of the City of Tamarac, Florida approving the purchase and installation
of a Laserfiche Enterprise Content Management (ECM) System from MCCi, LLC.; authorizing
an expenditure for an amount not to exceed $128,960.50, including the first -year annual
maintenance cost of $27,130.80; authorizing appropriate City Officials to execute a
Professional Services Proposal and Agreement with MCCi, LLC.; authorizing the appropriate
City Officials to approve renewal options; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2018-28
d. TR13077 - WTP Well 10, 11, & 12 Renewal Project: A Resolution of the City Commission
of the City of Tamarac, Florida, approving Task Authorization No. 17-09D and authorizing the
appropriate City Officials to execute Task Authorization No. 17-09D with Eckler Engineering,
Inc., to provide professional services for the design of the Raw Water Wells Nos. 10, 11, 12
and 13 Upgrade Project in the amount of $112,400; 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 $112,400; authorizing the
appropriate City Officials to administer the Contract; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-29
e. TR13086 - Amended Charitable Entities: A Resolution of the City Commission of The City
Of Tamarac, Florida, Amending Resolution R-2018-08, by specifically adding to the list of
Charitable Entities with whom The City Of Tamarac recognizes a formally approved
relationship; providing for an Amended Exhibit "A", attached hereto and incorporated herein,
as may be amended from time to time, for the expressed purpose of compliance with Section
Page 4 of 7 COMMISSION MEETING March 28, 2018
1-19(C)(5)(A)(4) of The Broward County Code Of Ordinances; providing for conflicts, -
providing for severability and providing for an effective date.
RESOLUTION R-2018-30
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):
a. TB021 - i9 Bar & Grill Nightclub - Special Exception: Special Exception Approval to allow
for the use of a sports bar restaurant and associated nightclub in a B-2 (Planned Community)
Zoning District pursuant to the Permitted Uses Master List, Section 24-434, Tamarac Code of
Ordinances. City Attorney Goren went over the Quasi -Judicial processes and procedures.
City Attorney Goren read TB021 by title into the record. City Clerk Teufel swore in all
affected parties. Assistant Community Development Director Zickar appeared and gave a
presentation, a copy of which is on file in the City Clerk's Office. Assistant Community
Development Director Zickar said the Planning Board and Community Development Director
Calloway recommend approval of the Special Exception and went over the seven conditions
of approval. Attorney Daniel Aaronson appeared on behalf of the applicant. Mr. Aaronson and
Assistant Community Development Director Zickar responded to questions from
Commissioner Bolton. Commissioner Bolton talked about a Zoning in Progress relative to
places of worship, venue of assembly, auditoriums and similar uses and said he felt that the
Zoning in Progress applies to this application as people would be assembling at the
restaurant and night club. City Manager Cernech said he disagreed with the Commissioner's
assessment. There was a continued discussion about the Zoning in Progress. Mr. Aaronson,
Assistant Community Development Director Zickar and City Attorney Goren responded to
questions and concerns from the Commission. Mayor Dressler opened the Public Hearing
and with no one wishing to speak, closed the public hearing. Commissioner Bolton said he
wants the record to reflect that he is bothered by the application and will be watching them
closely to make sure they adhere to all the conditions of approval. Vice Mayor Gomez
seconded by Commissioner Fishman moved approval of TB021. Motion passed 4-1, with
Commissioner Bolton dissenting.
BOARD ORDER BO-2018-03
City Attorney Goren said the next three items for Tamarac Village are all interconnected. City
Attorney Goren read T02373, TR13078 and TR1309 by titles into the record.
b. T02373 - Tamarac Village — Rezoning: An Ordinance of the City Commission of the City of
Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in
Section 24-3 of Chapter 24 of the City of Tamarac Code of Ordinances to reflect the
Rezoning of certain real estate property described as portions of Blocks 3 and 4, Lyons
Industrial Park, as recorded in Plat Book 71, Page 1 of the public records of Broward County,
Florida and portions of Blocks 9 and 10, Lyons Commercial Subdivision Unit No. 2, as
Page 5 of 7 COMMISSION MEETING March 28, 2018
recorded in Plat Book 69, Page 43 of the public records of Broward County, Florida, more
legally described in Exhibit "A", from the current MXD (Mixed Use District) zoning
classification to Commissioner Placko (Planned Development District) zoning classification,
for the subject property located on the north side of Commercial Boulevard, generally
between NW 94th Avenue to the west and Pine Island Road to the east with portions located
north of NW 57th Street, generally known as "Tamarac Village" , in order to provide
consistency with the Land Development regulations in accordance with the intent of the
Comprehensive Plan of the City of Tamarac; (Case No. 4-Z-17); providing for amendment to
the Official Zoning Map to reflect such change; providing for conflicts; providing for
severability; and providing for an effective date.
c. TR13078 - Tamarac Village — Plat: A resolution of the City Commission of the City of
Tamarac, Florida, granting final Plat approval for the Tamarac Village Plat, to allow for the
development of the subject property; dedication of parcels for roadway and related purposes;
dedication of a blanket ingress and egress easement for the provision of municipal services,
maintenance to existing canals, fire protection, police protection, emergency and other police
safety services; dedication of parcels for park purposes; dedication of bus stop easement; for
the proposed use of mixed -use development containing four hundred and one (401) dwelling
units in thirteen (13) new residential apartment buildings, three (3) new commercial buildings
with outdoor seating areas totaling 44,090 square feet, and two (2) public parks totaling 0.75
acres; as requested by James Gielda, designated agent for the property owner, Tamarac
Land Trust (c/o Alan J. Polin, P.A., Trustee), for the property located north of Commercial
Boulevard, generally between Pine Island Road to the east and NW 94 Avenue to the West
with portions north of NW 57 Street generally known as "Tamarac Village"; (Case No. 4-P-
17); providing for conditions of approval; providing for execution of said plat; providing for
conflicts; providing for severability; and providing for an effective date.
d. TR13079 - Tamarac Village - New Development Site Plan: A Resolution of the City
Commission of the City of Tamarac, Florida, granting New Development Site Plan approval
(with conditions) for Tamarac Village, to allow for a mixed -use development containing four
hundred and one (401) dwelling units in thirteen (13) new residential apartment buildings,
three (3) new commercial buildings and outdoor seating areas totaling 44,090 square feet,
and two (2) public parks totaling 0.75 acres, for the subject property located on the north side
of commercial boulevard, generally between Pine Island Road to the east and NW 94 Avenue
to the west, with portions on the north side of NW 57 Street, generally known as "Tamarac
Village" (specifically portions of Blocks 3 and 4, Lyons Industrial park, as recorded in plat
book 71, page 1 of the public records of Broward County, Florida and portions of Blocks 9
and 10, Lyons Commercial Subdivision Unit No. 2, as recorded in Plat Book 69, Page 43 of
the public records of Broward County, Florida, more legally described in Exhibit "A") (Case
No. 9-SP-17); providing for conflicts; providing for severability; and providing for an effective
date.
City Attorney Goren said these three items will be considered together but will be voted on
separately. City Attorney Goren went over the Quasi -Judicial processes and procedures. Vice
Mayor Gomez seconded by Commissioner Bolton made a motion to aggregate all three items
for the purpose of the presentation and Public Hearing. Motion passed unanimously (5-0).
City Clerk Teufel swore in all affected parties. Assistant Community Development Director
Zickar gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor
Dressler asked if anyone had any disclosures on these three items and Vice Mayor Gomez
Page 6 of 7 COMMISSION MEETING March 28, 2018
said she met with Attorney Scott Backman and Mayor Dressler said yes and Commissioners
Bolton and Placko said no. Attorney Scott Backman appeared on behalf of the applicant and
said he is honored to be presenting on this application and see this project come to fruition.
Mr. Backman said staff made a thorough presentation and the entire development team is
here to answer any questions from the Commission. Mayor Dressler opened the floor for
Commission discussion. Vice Mayor Gomez said this has been in the making for a long time
and appreciates that the concerns she has raised about parking and lighting have been taken
into consideration. Vice Mayor Gomez commented that the design has changed, and it now
has a clean and crisp appearance. Vice Mayor Gomez asked if more handicap parking areas
could be incorporated into the plan and Mr. Backman said they would work with the City to
make those additional accommodations. Commissioner Placko asked what the rent would be
for the apartments and Adam Friedman said the rents, based on today's rate of $1.72 per
square foot, is about $1,575 for a one -bedroom apartment and about $2,000 for a three -
bedroom apartment. Commissioner Placko asked if we have any type of retail yet for the
project and Mr. Markey said they don't have any specific businesses but they will be targeting
fast -casual, sit-down dining supplemented by Mom & Pop businesses. Commissioner
Fishman asked for the $ figure for fair housing and Mr. Markey said there are 410 apartments
and it is $600 per unit. Commissioner Bolton said Tamarac Village will be a force on
Commercial Blvd. and this project will be great for Tamarac. Mayor Dressler opened the
Public hearing and Mr. Markey took the opportunity to thank the Commission for their
participation and foresight and praised staff. With no one else wishing to speak, Mayor
Dressler closed the Public Hearing.
Vice Mayor Gomez seconded by Commissioner Bolton moved approval of T02373 —
Tamarac Village — Rezoning on Second Reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING FEBRUARY 28, 2018
PASSED ON SECOND READING MARCH 28, 2018
ORDINANCE NO. 0-2018- 02
Vice Mayor Gomez seconded by Commissioner Placko moved approval of TR13078 —
Tamarac Village Plat. Motion passed unanimously (5-0).
RESOLUTION R-2018-31
Vice Mayor Gomez seconded by Commissioner Placko moved approval of TR13079 —
Tamarac Village — New Development Site Plan. Motion passed unanimously (5-0).
RESOLUTION R-2018-32
12. OTHER
There being no further business to come
adjourned the meeting at 11 A5 a.m.
Patricia Teufel, C
City Clerk
before t C�y Commission, Mayor Dressler
Harfy Dressler, Mayor
Page 7 of 7 COMMISSION MEETING March 28, 2018