HomeMy WebLinkAbout2018-04-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, APRIL 11, 2018
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 7.12 p.m. on Wednesday, April 11, 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 Placko led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of April
2018 as "Fair Housing Month". (Requested by Housing & Neighborhood Programs Manager
Coleen Christie)
b. Presentation of a Proclamation by Mayor Harry Dressler proclaiming the month of April
2018 as "Autism Awareness Month". (Requested by Commissioner Marlon Bolton)
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton said he serves on the Broward League of
Cities Youth Leadership Committee and over the weekend he helped interview high school
students vying for scholarships. Commissioner Bolton said the applicants spoke about
community service and why they deserve the scholarship and was happy that four applicants
advanced and got scholarships. Commissioner Bolton said he is proud to serve on this
Committee and commended the Broward League of Cities for the work they do.
Commissioner Bolton said he attended the Father's M.I.A. Gala whose mission is to make
sure that the hearts of the fathers are turned back to their children. Commissioner Bolton
encouraged people to get information about the group and support them, if they can.
Commissioner Bolton said he attended a meeting at Mainlands 1-5 regarding bike lanes,
which was well attended, and thanked Public Services Director Strain and Parks &
Recreation Director Warner for the informative presentation. Commissioner Bolton said he
has instituted a new program called "My Open Door" and on the 2"d and 4th Monday of the
month, until 3:00 p.m., residents can come to City Hall and meet with him without an
appointment to share their concerns. Commissioner Bolton said he can be reached on his
cell phone 954-275-3850 and can follow him on Facebook.
b. Vice Mayor Gomez: Vice Mayor Gomez said she also attended the meeting at Mainlands
1-5 meeting and noted that there were people that were in favor of the bike lanes and others
were not. Vice Mayor Gomez said she attended the Chamber of Commerce Breakfast at the
Carolina Club; the Hispanic Vote Dominoes Tournament and was a judge at the Junior
Achievement Shark Tank event. Vice Mayor Gomez also attended the Father's M.I.A. Gala
Page 1 of 7 COMMISSION MEETING April 11, 2018
and the Reaching for the Stars luncheon for the Employees. Vice Mayor Gomez said she
was sorry she was not able to attend the Movie in the Park and will be at the Honor Flight
send off and the BSO Operation Medicine Cabinet/ Shred-A-Thon.
c. Commissioner Fishman: Commissioner Fishman said she attended the Chamber of
Commerce Breakfast; the 50th Anniversary Fair Housing event and recognized fellow
Broward Human Rights Board Member Chef Michelle Jones; the Father's M.I.A. Gala; the
Hallandale Round Table on School Safety; the Hispanic Vote Dominoes Tournament and the
Reaching for the Stars Employee Luncheon.
d. Commissioner Placko: Commissioner Placko attended the Father's M.I.A. Gala which is a
group that fills a gap for children who do not have a father figure in their lives. Commissioner
Placko urged people to go online and learn what this organization does. Commissioner
Placko said she also attended the Reaching for the Stars Employee Luncheon.
Commissioner Placko said she sits on the Public Art Committee and is excited that the
Committee received a grant for $75,000 from the Community Foundation of Broward for
Metamorphosis which will be used for a glass tile mosaic for the Tamarac Village
Amphitheatre. Commissioner Placko reported that the sales trailer has moved onto the
property at Woodmont and that the foundation for the Country Clubhouse has been laid.
Commissioner Placko said she has received calls from residents about new signage at the
entrance at 78th St. Commissioner Placko said she is looking forward to the progress of this
project and asked residents to keep the questions coming and to let her know if there is
something going on that she needs to know about. Commissioner Placko said she will also
be at the send off for the Honor Flight on Saturday morning.
Vice Mayor Gomez thanked staff and the Public Art Committee for the beautiful sculpture that
has been installed on Commercial Blvd. near the Woodlands. Vice Mayor Gomez invited
everyone to the District 2 Neighborhood Meeting on April 18, 2018 at 6:30 p.m. at the Lime
Bay Clubhouse, 9190 Lime Bay Blvd.
e. Mayor Dressler: Mayor Dressler said he is focusing on the issue of school safety and is
talking with people to find a way to protect our children. Mayor Dressler said he will be
attending a meeting tomorrow where this will be the topic of discussion. We can never forget
what happened in Parkland and we need to keep our children safe. Mayor Dressler said he
has had some candid, non -political and rational discussions.
3. CITY ATTORNEY REPORT: City Attorney Goren said as an update to the Workshop on
Monday there was a consensus reached with regard to the Broward League of Cities
appointments from the Commission for its Director, Alternate and Second Alternate. The
names offered up at that time were Vice Mayor Gomez for Director, Commissioner Fishman
as Alternate and Commissioner Bolton as Second Alternate. Because this was reached at a
Workshop it would be appropriate for the Commission to ratify these appointments by Motion.
Vice Mayor Gomez seconded by Commissioner Placko moved to approve the appointments
to the Broward League of Cities. Motion passed unanimously (5-0).
City Attorney Goren said as update to the last discussion about Gun Management and Gun
Control, the cities of Coral Springs, Pembroke Pines, Coconut Creek, along with Mayor Frank
Ortis in his official capacity and Commissioner Dan Daley from Coral Springs, filed suit
yesterday in Broward Circuit Court challenging the provisions of F.S. 790.33. This is a
separate and distinct lawsuit from the one filed by the Weiss Serota firm, which is filed in
Page 2 of 7 COMMISSION MEETING April 11, 2018
Tallahassee, Leon County, on challenging similar provisions of the statute. City Attorney
Goren explained the differences between the two lawsuits. The lawsuit has not been
assigned to a Judge yet and he will keep the Commission posted as to the progress of the
case. City Attorney Goren said he has been told that Broward County is also authorizing its
own lawsuit. The likelyhood is that these cases will get consolidated, whether it be in Broward
or Leon County, or somewhere in between. Typically, the government gets sued in its own
backyard, which is in Tallahassee. City Attorney Goren said there are now two cases
pending, one in Broward and one in Leon County and he will keep the Commission fully
posted as matters progress.
4. CITY MANAGER REPORT: City Manager Cernech reported that BSO will be holding
Operation Medicine Cabinet/Shred-A-Thon on Saturday, April 14th from 10:00 a.m. to 1.00
p.m.at Kings Point, 7620 Nob Hill Rd. Bring your unused, unwanted or expired medications
for safe disposal and early participants will receive a $5 gift card while supplies last.
Residents can shred away identity theft by safely disposing their personal documents, check
stubs, credit card offers, receipts and any other material that might contain sensitive data.
City Manager Cernech said he is pleased to announce Tamarac was awarded a grant for
$75,000 by the Community Foundation of Broward for the "Metamorphosis: A Community
Transformation" Project. The funds will be used with a match from the Public Art Committee
fund to create striking mosaic artworks on the wall of the proposed amphitheater and Water
Fountain feature that will be constructed in the Tamarac Village Park.
City Manager Cernech said the District 2 Neighborhood meeting is being hosted at the Lime
Bay Clubhouse on Wednesday, April 18, 2018 at 6.30 p.m. We are encouraging residents to
attend for a discussion on current projects and their impact on the community. City Manager
Cernech said Artist Roger Stoller's recently installed sculpture "Vivo" can now be seen in its
new home on Commercial Blvd. on the Woodlands property. Staff is in the process of
coordinating a ribbon cutting date.
Upcoming Events: The next Concert in the Park is scheduled for Friday, April 20th from 7:00
p.m. to 9.00 p.m. at the Sports Complex and features "Simply Tina", a Tina Turner Tribute;
the 7t1 annual P.A.R.O.T. Golf Tournament is scheduled for Friday, May 4th at the Woodlands
Country Club. Registration is at 11.00 a.m. and shotgun starts at noon. Cost is $125 per
player and for more information contact Linda Probert at 954-597-3632.
City Manager Cernech said Public Services has reported that Tamarac has entered into an
agreement with FPL to replace all street lights with LED fixtures and should be completed by
the end of June 2018.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Ron Wasserman, 8577 Jade Dr., thanked veterans and active military
personnel for all that they have done; said people do not like the way they are being treated
by Pulte and Mark Schmidt and they also do not feel safe with people using the golf course
that should not be there. With no one else wishing to speak, Mayor Dressler closed Public
Participation.
6. CONSENT AGENDA: Mayor Dressler said he believed there is an addition to the Consent
Agenda as Item 6 (e) and asked City Attorney Goren to read the tile into the record. City
Attorney Goren read TR13091 by title into the record. Commissioner Bolton seconded by
Page 3 of 7 COMMISSION MEETING April 11, 2018
Vice Mayor Gomez moved approval of adding TR13091 to the Consent Agenda. Motion
passed unanimously (5-0). Commissioner Placko seconded by Vice Mayor Gomez moved
approval of the Consent Agenda as amended. Motion passed unanimously (5-0).
a. Approval of the March 28, 2018 Regular Commission Meeting Minutes - APPROVED
b. TR13080 - Authorizing Four Week Hiatus: A Resolution of the City Commission of the City
of Tamarac, Florida, authorizing a four -week consecutive period (July 15, 2018 — August 12,
2018) during which time the City Commission will not schedule any regular meetings
pursuant to section 4.06(a) of the City Charter; providing for conflicts; providing for
severability; and providing an effective date.
RESOLUTION R-2018-33
c. TR13084 - Oakland Park Automatic & Mutual Aid Agreement: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
approve and to execute an automatic and mutual aid agreement between the City of
Tamarac and the City of Oakland Park; allowing for the provision of cooperative emergency
medical and fire protection services for a term commencing immediately upon execution of
the agreement for one (1) year term with automatic one (1) year renewals; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-34
d. TR13082 - Purchase of Athletic Equipment for Tamarac Community Center: A Resolution
of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City
Officials to approve the purchase of athletic equipment for the gymnasium, and the partition
in the Coconut Palm Room, at the Tamarac Community Center at a cost not to exceed
$85,379.00, utilizing the NJPA Contract #100814-HSC; approving funding from the
appropriate Parks and Recreation account; providing for conflicts, providing for severability;
and providing an effective date.
RESOLUTION R-2018-35
e. TR13091 - FDOT CAFA for Traffic Control Box Wrapping: A Resolution of the City
Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to
execute the Community Aesthetic Feature Agreement in substantially the same form as
attached as Exhibit "1" with the State of Florida Department of Transportation (FDOT)
pending legal review between FDOT and the City of Tamarac for the proposed graphic
material wrapped traffic control boxes which are located in an FDOT right of way within the
jurisdictional boundaries of the City of Tamarac; authorizing the appropriate City Officials to
execute the Community Aesthetic Feature Agreement and to take all actions necessary to
implement said Agreement; authorizing the appropriate City Officials to administratively
approve any revisions required by FDOT; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2018-36
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. T02374 - Amending Ordinance 2017-09 Adoption of FY18 Operating & Capital Budget: An
Ordinance of the City Commission of the City of Tamarac, Florida, Amending Ordinance
Page 4 of 7 COMMISSION MEETING April 11, 2018
2017-09, which adopted the City of Tamarac Operating Budget, Revenues And Expenditures,
the Capital Budget, and the Financial Policies for the Fiscal Year 2018, by increasing the
Total Revenues and Expenditures by a total of $2,100,112 as detailed in Attachment A
attached hereto and summarized In Attachment B; providing for conflicts; providing for
severability; providing for an effective date. City Attorney Goren read T02374 by title into the
record. Commissioner Bolton seconded by Vice Mayor Gomez moved approval of T02374
on first reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 11, 2018
b. T02375 - Creating a Vacation Rental Registration Program: An Ordinance of the City of
Tamarac, Florida, amending Chapter 12 of the Code of Ordinances, entitled "Licenses and
Business Regulations," to create article xvi, to be entitled "Vacation Rentals Registration;"
providing for the regulation of vacation rentals as defined herein, providing for definitions,
process for issuance of vacation rental permits , requirements, regulations, and standards for
vacation rentals, compliance inspections, suspension and revocation of vacation rental
permits; providing for penalty and enforcement; providing for conflicts; providing for
severability; providing for codification; and providing an effective date. City Attorney Goren
read T02375 by title into the record. Vice Mayor Gomez seconded by Commissioner Placko
moved approval of T02375 on first reading. City Attorney Goren said there is a letter on the
dais from Airbnb sent to the City on April 10, 2018 regarding this ordinance with comments
relative to the ordinance and suggested modifications, a copy of which is attached hereto and
incorporated herein. We need to look at this more carefully after it passes tonight and can
make changes prior to second reading. Mayor Dressler opened the floor for Commission
discussion. Vice Mayor Gomez said this was discussed at the Workshop on Monday and we
went over it in detail. Vice Mayor Gomez reiterated that she is unhappy with the State taking
away our rights. Vice Mayor Gomez said staff and the City Attorney's Office has worked hard
putting together an ordinance to protect our residents from businesses and transient people.
Vice Mayor Gomez hoped that people will respect State, Local and Community Laws.
Commissioner Placko agreed with Vice Mayor Gomez and said we need to tighten this up to
protect our community and residents. City Attorney Goren said Community Development
Director Calloway made note of what was discussed and said this ordinance was carefully
designed and is not inconsistent with State Law. City Attorney Goren noted for the record that
this is not a ban on vacation rentals, this is a registration process.
Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 11, 2018
c. T02376- City of Tamarac: Moratorium — New or Expanded Places of Worship, Venues for
Assembly, Auditoriums, and Similar Uses: An Ordinance of the City Commission of the City
of Tamarac, Florida, establishing a Temporary Moratorium until August 19, 2018, on the
acceptance of applications for administrative review, land development permits, and building
permits for the use of land for new or expanded places of worship, venues for assembly,
auditoriums, and similar uses; prohibiting the issuance of any new Business Tax Receipts
citywide for assembly related uses during the moratorium period; providing for severability;
providing for conflicts; providing for an effective date. City Attorney Goren read T02376 by
title into the record. Vice Mayor Gomez seconded by Commissioner Bolton moved approval
of T02376 on first reading. City Attorney Goren said this Ordinance is a confirmation of the
Zoning in Progress Resolution, which is a temporary document, and the ordinance is a
permanent document. City Attorney Goren said this Ordinance does not change the time
frame of the Resolution and this is a codification to what was passed by Resolution.
Commissioner Bolton reiterated his concern with this Ordinance and said he believes this is
Page 5 of 7 COMMISSION MEETING April 11, 2018
against the Religious Land Use and Institutional Persons Act. Commissioner Bolton said this
makes Tamarac appear that we are not accommodating of small churches and he
understands that churches in strip malls would impact revenue. Commissioner Bolton said
Tamarac should look at what North Lauderdale has done by limiting churches to 20% of a
plaza and no more than two to a plaza. Commissioner Bolton said banning churches in strip
malls is not right as churches are an important part of the community. Commissioner Bolton
said this is a way of saying that Tamarac does not support diversity and he feels this is a big
mistake. Motion passed (4-1) with Commissioner Bolton dissenting.
PASSED ON FIRST READING APRIL 11, 2018
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):
City Attorney Goren said Items No. 11 (a) and 11 (b) are companion items and would be
considered together publicly as one but voted on separately. City Attorney Goren went over
the Quasi -Judicial procedures and processes and added that any documents relative to these
matters have been entered into the record. City Attorney Goren read TR13088 and TR13087
by titles into the record. City Clerk Teufel swore in all affected parties. Commissioner Bolton
seconded by Vice Mayor Gomez moved approval of consolidation of both items for the
purpose of discussion. Motion passed unanimously (5-0). Mayor Dressler asked the
Commission members if anyone had anything to disclose and all said no. Community
Development Director Calloway appeared and gave a presentation, a copy of which is on file
in the City Clerk's Office. Community Development Director Calloway ended by saying that
the Planning Board and staff recommend approval of both items. Attorney Dennis Mele
appeared on behalf of the applicant. Community Development Director Calloway and Mr.
Mele responded to numerous questions and concerns from Commissioner Bolton, Vice
Mayor Gomez and Commissioner Placko relative to the ingress and egress to the property,
traffic and parking. Mayor Dressler opened the Public Hearing and City Clerk Teufel swore in
Joel Davidson, 4608 Norfolk Pine Island Drive, who expressed his concern about additional
traffic in that area. City Clerk Teufel swore in Ronald Wasserman, 8577 Jade Drive who
talked about welcoming new businesses into Tamarac and expressing his concern relative to
additional traffic.
a. TR13088 - MD Now — Plat: A Resolution of the City Commission of the City of Tamarac,
Florida, granting final Plat approval for the "Tamarac Corner CE" Plat, to allow for the
development of the subject property; dedication of a right-of-way easement for right-of-way
purposes; dedication of additional right-of-way; dedication of a bus shelter easement;
dedication of a blanket ingress and egress easement for access through the subject property
for the provision of municipal services, maintenance to existing canals, fire protection, police
protection, emergency and other police safety services; for the proposed use of a new 4,200
square foot medical office building; as requested by Jane Storms, Pulice Land Surveyors,
designated agent for the property owner, 4640 Commercial LLC, for the property located on
the southeast corner of West Commercial Boulevard and NW 47 Terrace at 4640 West
Commercial Boulevard; (Case No. 7-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.
Page 6 of 7 COMMISSION MEETING April 11, 2018
b. TR13087 - MD Now - 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 Commercial Boulevard Medical Office CE (MD Now), to allow for the proposed 4,200
square foot medical office building, for the subject property located on the southeast corner of
west Commercial Boulevard and NW 47 Terrace at 4640 West Commercial Boulevard (Case
No. 21-SP-17); providing for conflicts; providing for severability; and providing for an effective
date.
Commissioner Placko seconded by Commissioner Bolton moved approval of TR13088 - MD
Now — Plat. Motion passed unanimously (5-0).
RESOLUTION R-2018-37
Vice Mayor Gomez seconded by Commissioner Placko moved approval of TR13087 - MD
Now - New Development Site Plan. Motion passed unanimously (5-0).
RESOLUTION R-2018-38
12. OTHER
There being no further business to come before the Cl y Commission Mayor Dressler
adjourned the meeting at 9
Patricia Teufel,
City Clerk
15 p.m.
Harryressler, Mayor
Page 7 of 7 COMMISSION MEETING April 11, 2018
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Page I of 2
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April loth, 2018
The Honorable Mayor Harry Dressler and City Commission
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
RE: April 11th, 2018 Agenda Item 8.b.: Temp. Ord. 2375 - Creating a Vacation Rental
Registration Program
Dear Mayor Dressler & City Commissioners,
On behalf of Airbnb and our host community, we would like to express our desire to work with
you to establish reasonable and effective vacation rental regulations in your city. In our work
with local officials across the state, we have always welcomed clear and fair regulations that
result in a win -win for all stakeholders.
After reviewing your proposed vacation rental ordinance, we believe there are a number of
modifications that should be considered. One is requirement that the permit application be
"sworn to in the presence of a notary" (Sec. 12-377. Application for Vacation Rental Permit.
(a)). Every effort should be made to ensure a registration/permitting process that is simple and
user-friendly. To that end, we would encourage you to consider removing the notary requirement
and making the permit application fully online. A number of other cities already do this, and it
goes a long way in increasing compliance. Secondly, as it relates to Sec. 12-378. Fees for
Vacation Rental Permit., we would urge you to consider any fees associated with the Vacation
Rental permit as you review this ordinance - not later, as both go hand in hand. This would
provide for added transparency and an opportunity for the public to have a clearer picture of the
totality of the requirements (financial included) of the Vacation Rental permit. Additionally,
under Sec. 12-379. Responsible Party Required., we recommend the removal of the requirement
that the Responsible Party reside within 25 miles of the Vacation Rental. This is a requirement
that comes up every so often in ordinances related to vacation rentals, but one that is ultimately
removed, as there is an understanding that what is important on this point is the responsiveness
of the Responsible Party, not necessarily their place of residence. Lastly, we would ask that you
reconsider the occupancy cap outlined in Sec. 12-382. Vacation Rental Standards. (2). This cap
appears rather arbitrary, and should instead be replaced with a provision that takes into
consideration the number of bedrooms in a property.
We hope that you will consider these recommendations as you go into tomorrow night's
meeting, and are happy to discuss further at your convinience.
Page 2 of 2
Sincerely,
Viviana Jordan
Public Policy • Florida
Airbnb
Cc:
Mr. Michael Cernech, City Manager
Mr. Samuel Goren, City Attorney
Ms. Pat Teufel, City Clerk