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HomeMy WebLinkAbout2018-04-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, APRIL 25, 2018 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 9:08 a.m. on Wednesday, April 25, 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: Mayor Dressler led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Harry Dressler proclaiming the week of May 6 - 12, 2018 as "Municipal Clerk's Week". (Requested by City Clerk Patricia Teufel) b. Presentation by Mayor Harry Dressler of Employee Service Awards- 5 - Year Awards: Alberto Montanez, Groundskeeper II, Public Services; Zachariah Steiner, Water System Operator II, Public Services 10 - Year Awards: Ramlochan Williams, Groundskeeper II, Public Services; Luanne Christiano, Enterprise Applicant Specialist II, Information Technology 15 - Year Awards: Keisha Lawson, Payroll Coordinator, Financial Services; Rose Terrelonge, Senior Customer Services Representative, Financial Services; Michael Cain, Stormwater Supervisor, Public Services; Todd Shoats, Aquatic Spray Technician, Public Services; Vincent Dixon, Recreation Programmer II, Parks & Recreation 20 - Year Awards: Tederra Sims, Customer Service Supervisor, Financial Services; Michael Annese, Assistant Fire Chief, Fire Rescue; Melissa Grant, Office Coordinator, Public Services Dania Maldonado, Community Service Manager, Parks & Recreation 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton reported he continues to walk his district and sit down with the residents to get them involved in the City. Commissioner Bolton said he was at Mainlands 3 & 4 for the Chamberlain School of Nursing Health Day event and thanked them for providing this service to the community. Commissioner Bolton reported that the Central Parc residents are complaining about coyotes in their park and community and their complaints have not fallen on deaf ears and he is working with staff on an appropriate remedy. Commissioner Bolton said he is available by phone at 954-275-3850 and you can follow him on Facebook and see what is happening in District 1. b. Vice Mayor Gomez: Vice Mayor Gomez said it has been a busy two weeks. Vice Mayor Gomez said she attended the Grand Opening of Harbor Chase where she witnessed Rodger Thomas, who will be receiving a proclamation shortly, provide life-saving aid to a gentleman that had collapsed during the ceremony. Vice Mayor Gomez talked about the importance of learning CPR. Vice Mayor Gomez thanked staff for the District 2 meeting and noted that it Page 1 of 8 COMMISSION MEETING April 25, 2018 was a good idea to have people submit questions prior to the meeting. Vice Mayor Gomez asked HOA's and COA's to contact the City with updated information on their Board members. Vice Mayor Gomez said she attended the Honor Flight send-off; the Broward County Housing Workshop to discuss affordable housing; the Mayor's MPO Round Table relative to relieving traffic congestion; King Point Veterans Club meeting; the General Counsel of Israel's 70 Anniversary of Israel's Independence; the Concert in the Park; the Interfaith Luncheon and the Junior Achievement Hall of Fame event. c. Commissioner Fishman: Commissioner Fishman said she attended the Harbor Chase Ribbon Cutting; the Honor Flight Send-off; the BSO Shred -A -Thou; a meeting with District 3 residents relative to buffer walls; Broward County Forum on school safety; the Kings Point Veterans Club meeting and the Recognition of the Florida League of Cities Home Rule Heroes for 2018 event. Commissioner Fishman talked about her recent adoption of a rescue dog and encouraged people to go to the shelters and adopt an animal. d. Commissioner Placko: Commissioner Placko said she attended a meeting with Rep. Barrington Russell to discuss school safety, which will be an ongoing project. Commissioner Placko said it is important that we make sure we are available to our children. Commissioner Placko said she attended the Honor Flight Send-off; had a tour of the Waste Management facility/landfill and the MPO meeting and learned that there is $27.4 billion for multi -modal projects. Commissioner Placko read a letter from a resident praising the City's Jazzercise Program. e. Mayor Dressler: Mayor Dressler said he was invited by a few school executives to discuss security. Mayor Dressler noted that Tamarac Elementary has one Resource Officer two times per week. Mayor Dressler said he participated in a discussion about people parking across University Drive and people going through a gate to go over the bridge. Mayor Dressler said they have to come up with a plan to keep people from parking across the street as this creates security concerns. Mayor Dressler said it is his obligation to deal with strategic issues. Mayor Dressler said he did a financial analysis of several alternatives for the Colony West project and when this is dealt with on the Regular Agenda, he will provide a 3-minute synopsis of his analysis. There will also be some panels. 3. CITY ATTORNEY REPORT: City Attorney Goren said on Friday, May 4th there will be a Broward League of Cities Boot Camp at Coconut Creek Community Center from 9:00 a.m. to 1:00 p.m. It is a four-hour presentation if you need ethics training hours which is 2 for the state and 4 for the county. City Attorney Goren said he will be moderating the Boot Camp. Assistant City Attorney Horowitz will speak about the Broward County Ethics Code, Robert Meyers of the Weiss Serota Law Firm will be speaking about State Law Chapter 112, Terrill Pyburn, City Attorney for Coconut Creek will speak about the OIG and other related matters and Assistant City Mike Cirullo will speak on some connective issues that relate to the same ethics as well. City Attorney Goren said he wants to bring to the Commission's attention a lawsuit filed in the City of Miami a year ago and he thanked City Clerk Teufel for bringing it to his attention along with her colleague City Clerk's in Broward. The case is AIRBNB et al vs. the City of Miami and it was literally the decision of the Court, rendered in April of 2017. This is less about the arguments of the case which was a preliminary injunction challenging the City of Miami's Vacation Rental Ordinance. This is more about the ability of the public's right to speak in public meetings and the right of the Commission to ask for names, addresses and other Page 2 of 8 COMMISSION MEETING April 25, 2018 information. City Attorney Goren said it was an 11th Miami -Dade Circuit Court Opinion. It is the Opinion of one Circuit Court Judge in Miami -Dade. The matter is currently pending in the YJ DCA in Miami -Dade. The Court finds and declares that the practice of a City Commission requiring residents of the City to provide their name and addresses prior to being able to speak at Commission meetings is violating their rights under a State Statute and the First Amendment of the Constitution. It is saying that the City of Miami requires speakers as a condition to speaking at any Commission Meeting to provide their names and addresses as part of the City Commission procedures and statements by the Mayor during and after that hearing in March of 2017. The Court makes some interesting findings that the Mayor's comments at the meeting had a chilling effect on the First Amendment rights of residents who wish to make public comments on any matter before the City Commission. The individuals testified that they were told before they could speak they had to provide their names and addresses. The City Clerk testified the residents who declined to give their names and addresses would still be allowed to speak at the meetings; however, neither he nor any other witness testified that the individual who spoke at the meeting were given the option of not having to identify themselves before speaking. The Court concludes and declares that the practice of requiring residents of the City to provide their names and addresses prior to exercising their Constitutional right to speak at a City Commission meeting violates the First Amendment of the Constitution. City Attorney Goren said this is a very bold and local case. When the 3rd DCA reviews this matter it will look at a whole host of things. F.S. Section 218.0114 was amended a few years ago that basically provides that the public has a right to speak on any final decision that a public body makes whether it is on Consent, Regular Agenda or somewhere in between. This is a very unique case and its potential affect in Broward County is out there. Miami -Dade has its own place in the Florida Constitution; it is different legally, procedurally and operationally and it may be distinguished based upon that alone when the 31 DCA considers this matter. City Attorney Goren said he raised this issue because in the event someone objects to providing their name and address they should be given the right to speak. City Attorney Goren said they will look at this on a case by case basis. City Attorney Goren thanked City Clerk Teufel for sharing the information. City Attorney Goren said it may be a law in Miami -Dade County and that Judges Circuit Court decision and it may be a law in the City of Miami; however, it is not a 11th Circuit Court of Appeals decision which is the Federal Court in the Southern part of our county. City Attorney Goren said this is not valid anywhere except in Miami -Date, or that Circuit specifically, but he wanted the Commission to be aware of it this morning. City Attorney Goren said with regard to the injunction case what the City there was trying to do to "out" the speakers by having them identify themselves in the context of what they did at their AIRBNB or residential rental operators, so they could be identified and cited for code violations. City Attorney Goren spoke about a similar situation in Hollywood. Mayor Dressler said it would seem to him that people should know who people are, so they can weight the testimony properly. If you are an elected fiduciary you are responsible for the best interests of the residents. City Attorney Goren talked about the City of St. Petersburg vs Wright regarding a Shade Session. As this Commission knows, Shade Sessions are settlement discussions. However, St. Petersburg developed an ordinance during a Shade Session where the public could not speak. 4. CITY MANAGER REPORT: City Manager Cernech thanked the mayor and Commission for making the Employee Service Awards so much fun and so enjoyable for the employees. City Manager Cernech said the Community Dept. Housing Division wants people to know that the 2018 application window for the City's Neighborhood Improvement Grants will be open Page 3 of 8 COMMISSION MEETING April 25, 2018 May 14 — 25, 2018. Eligible HOS and Neighborhood Associations can apply for matching funds for improvements projects in the Neighborhood Grants for selected projects will be capped at $5,000. Recipients must contribute 50% of the value of the City's contribution to the project; cash or sweat equity of residents will be accepted. City Manager Cernech said the District 1 Neighborhood meeting will take place at the Tamarac Lakes South Clubhouse located at 2800 W. Commercial Blvd. on Wednesday, May 2"d at 6.30 p.m. Members of the community are encouraged to join the elected officials and City staff for a discussion on current projects and their impact on the Community and get your questions answered. City Manager Cernech said the next Quarterly HOA Liaison Meeting on residential board member certification courses will be on Tuesday, June 5th from 6.30 p.m. to 8.30 p.m. at the Community Center. New and existing board members are encouraged to attend and obtain their free certification courses provided by the law firm of Kaye Bender Rembaum. Space is limited so please RSVP to 954-776-1999 ext. 242 to reserve a spot. Upcoming Events: The 7th Annual P.A.R.O.T Golf Tournament will take place on Friday, May 4th at the Woodlands Country Club. Registration is at 11:00 a.m. and shotgun start at noon; the cost is $125 per player and includes a light lunch, golf shirt, goodie bag and dinner. For information and registration please call Linda Probert at 954-597-3632. The Movie in the Park on Friday, May 4th, at the Sports Complex will feature the movie "Sing"; pre -movie activities start at 7.00 p.m. and the movie start at 8.15 p.m. City Manager Cernech said Public Services will be hosting the Hazardous Waste and E- Waste Dispose Program on Saturday, May 5, 2018 from 9.00 a.m. to 2.00 p.m. at 6011 Nob Hill Rd. Residents from Tamarac, Coconut Creek, Coral Springs, Ft. Lauderdale, Lauderdale Lakes and Pompano Beach can participate. This program provides residents with a responsible way to recycle or dispose of Household Hazardous Waste and old electronics types of materials such as fire extinguishers, printers, keyboards, televisions, computers, monitors, auto batteries, cell phones, household cleaners, lawn and pool chemicals, mercury thermometers, rechargeable batteries, fluorescent bulbs, fuel, pain, solvents, motor oil, pesticides, fertilizers, etc. City Manager Cernech asked the Commission to add TR13097 as items 7 (a) on the Regular Agenda today. This is necessary to continue the Colony West Project and staff will have a presentation for the Commission. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke: Ronald Weisman, 8577 Jade Dr., apologized for his behavior at the last meeting and reiterated his concerns about safety in his community. 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 Bolton asked to pull item 6 (h), TR13100 on the Consent Agenda. Commissioner Bolton said he wishes to see a copy of City Manager Cernech contract. City Attorney Goren read TR13100 by title into the record. Commissioner Fishman seconded by Vice Mayor Gomez moved approval of item 6 (h), TR13100. Motion passed 4-1 — with Commissioner Bolton dissenting. Commissioner Bolton seconded by Commissioner Page 4 of 8 COMMISSION MEETING April 25, 2018 Placko moved approval of the Consent Agenda, with the exception of item 6 (h), TR13100. Motion passed unanimously (5-0). a. Approval of the April 9, 2018 Special Commission Meeting Minutes - APPROVED b. Approval of the April 11, 2018 Regular Commission Meeting Minutes - APPROVED c. TR13085 - Fire Stations Alerting System Purchase: A Resolution of the City Commission of the City of Tamarac, Florida, to approve and execute a purchase agreement with Keylite Power and Lighting Corp. for the purchase of new fire station alerting systems for Tamarac Fire Stations in an amount not to exceed $328,343.23 including fifteen thousand ($15,000) for contingency expenses with an effective date upon execution of the agreement; authorizing the appropriate City Officials to execute a purchase agreement for the fire stations alerting system, providing for conflicts, providing for severability; and providing for an effective date. RESOLUTION R-2018-39 d. TR13090 - Horticultural Chemical Purchase: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to select, approve and award the purchase of horticultural chemicals utilizing competitive procurement methods with prequalified vendors and current agreements available for cooperative purchase at the time of purchase, including, but not limited to, Southeast Florida Governmental Purchasing Cooperative Bid No. ITB-CS-18-43; authorizing an expenditure from the appropriate accounts not to exceed the approved budget for said purpose; effective upon approval through March 21, 2021; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-40 e. TR13089 - Bufferwall Phase 1113 / III: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-13B to and approving an agreement with MBR Construction, Inc. for the construction of citywide buffer wall project phase IIB & III, in accordance with Bid No. 18-13B for a contract amount of $3,160,635.53; a contingency in an amount of $777,634.00 will be added to the project account, for a total project budget of $3,938,269.53, authorizing an expenditure from the appropriate accounts, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-41 f. TR13083 - Grant Award and Agreement Execution: Highway Beautification Council Grant Program through the Florida Department of Transportation (FDOT): A Resolution of The City Commission of The City Of Tamarac, Florida approving and authorizing the appropriate city officials to accept a Highway Beautification Council (HBC) Grant Program Award through The Florida Department Of Transportation (FDOT) for landscape enhancements and beautification located on Commercial Boulevard (State Road 870) from approximately Prospect Road to University Drive in the amount of $100,000; providing for a match in local funds in an amount not to exceed $180,848; providing for the acceptance of a Joint Participation Agreement (JPA) and Maintenance Memorandum Of Agreement (MMOA) with FDOT; providing for the execution of necessary documents pending legal review; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-42 g. TR13093 - City of Tamarac Police Pension Board Resident Trustee Appointments: TR13093 - A Resolution of the City Commission of the City of Tamarac, Florida, appointing Page 5 of 8 COMMISSION MEETING April 25, 2018 two Resident Trustees to the Police Pension Board to serve a Two -Year term ending April 26, 2020, or until new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-43 h. TR13100 - Authorizing One Time Merit Award to City Manager: A Resolution of the City Commission of the City of Tamarac, Florida; authorizing payment of a one-time merit award to City Manager Michael C. Cernech, as set forth in Resolution No. R-2011-04, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-44 7. REGULAR AGENDA: TR13097 — Authorization to Execute Colony West Clubhouse Facility Second Amendment to Construction Contract with AD1 Management, Inc.: A Resolution of the City Commission of the City of Tamarac, Florida approving a net increase of Three Million Seven Hundred Twenty Three Thousand Two Hundred Eighty- One($3,723,281) Dollars in the contract value for AD1 Management Inc., for a total estimated expenditure of Eleven Million One Hundred Twenty -Eight Thousand Two Hundred Eighty -One ($11,128,281) Dollars for the construction of the new Colony West Clubhouse facility located at 6800 NW 881° Avenue to include property commonly referred to as Cypress Walk Terrace; authorizing the appropriate City Officials to execute that certain Second Amendment to Construction Contract between AD1 Management Inc., and the City of Tamarac to reflect the contract increase; authorizing an appropriation of $3,723,281 to fund the remainder of the project; authorizing the City Manager to approve non -monetary amendments to the Construction Contract; authorizing the City Manager or Designee to approve Line Item Change Orders within the approved budget; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR13907 by title into the record. Vice Mayor Gomez seconded by Commissioner Fishman moved approval of TR13907. City Manager Cernech said we bring this item with a sense of urgency. City Manager Cernech said this is not how staff typically brings items to the Commission. City Manager Cernech said construction prices are increasing on a daily basis and we need some guidance as our partner cannot proceed at Colony West Golf Club and we need to allow our partner to continue with their construction. City Manager Cernech gave a presentation, a copy of which is on file in the City Clerk's Office. City Manager Cernech went over the background of the Colony West Project; talked about the proposed Clubhouse; the construction contract and the budget for the project. City Manager Cernech said we are now looking at an additional $2,157,775 million in construction costs; $1 million additional for Furnishing, Fixtures and Equipment and $565,506 in construction contingency. City Manager Cernech talked about the Broward County School Board having difficulty due to the increase of construction costs. City Manager Cernech said in order to proceed with the Colony West Project we will need an additional $3.7 million. Staff needs the approval of the Commission because the budget as it now stands is more money than the Commission approved last year. City Manager Cernech advised the Commission that the City has worked with AD1 and Marker Construction to reduce the costs. City Manager Cernech said the only other option is to reduce the size of the building and the scope of the project. Staff needs the direction of the Commission in terms of either proceeding forward at the higher value or proceeding with the construction of the Cart Barn and Hotel and drastically reducing the size of the Clubhouse. City Manager Cernech said we Page 6 of 8 COMMISSION MEETING April 25, 2018 are continuing to operate in an environment where construction prices are increasing and the challenge in redesigning the clubhouse staff will have to come back to the Commission and ask for additional funding. If we decrease the size of the clubhouse we will not be able to cater parties or corporate events as we will be eliminating the ball room and the catering kitchen. City Manager Cernech said it is staffs recommendation to move forward with authorizing the additional funding as this will serve as a re -development catalyst in that area. Vice Mayor Gomez said this is something we have been looking forward to for a long time. The Commission made a promise for a Clubhouse not a golf house. Vice Mayor Gomez said we need to plan smart the first time, so we don't have to go back a second time. Vice Mayor Gomez said she fully supports moving forward with the increased funding and appreciates the hard work of City Manager Cernech and staff. Commissioner Placko said this has been a long time coming and the idea of spending $7 million on a one-story building is a waste of money. Commissioner Placko asked what the average cost of footage for a commercial building and Public Services Director Strain said in the process of evaluating the increase staff reached out to numerous architectural consultants and they concurred it is $325 a square foot. Public Services Director Strain and Finance Director Mason responded to questions from Commissioner Placko relative to value engineering and financing of the project. Commissioner Fishman said we are depending on this to expand on re -development. Public Services Director Strain responded to a few questions from Commissioner Fishman. Commissioner Fishman said she supports moving forward with the project as originally designed. Commissioner Bolton had numerous questions about the methodology of the how the original budget for the project came about and where the financing of the project would come from. Public Services Director Strain, Finance Director Mason and City Manager Cernech responded to Commissioner Bolton's questions and concerns. Mayor Dressler said he researched this in depth and did some reasonable forecast calculations. Mayor Dressler talked about the construction costs for the School Board going up 80% and being unable to do any construction due to the increase. Mayor Dressler talked about the decision made years ago to build a one floor Community Center instead of taking into consideration the needs for a growing community in the future. He also talked about the decision to spend more money on an Olympic sized pool at the Aquatic Center. Mayor Dressler said Colony West should be a destination and the hotel will have drawing power. Mayor Dressler talked about the benefits of having a two-story clubhouse and said it will prove to have a positive impact to Tamarac. Commissioner Placko said the additional money does concern her but this is something we need to do. Commissioner Bolton said he is not against the project and seeing it move forward in a positive direction. What he is concerned about is our process and how we arrive at projects like this. Commissioner Bolton said he does not like walk-ons because it does not give the public the proper notice or time to digest what is being discussed or the opportunity to provide their input at the public hearing. Commissioner Bolton said his vote on this matter is about transparency. Mayor Dressler opened the Public Hearing and Ron Wasserman, 8577 Jade Dr., said he supports this project and it is money well spent. With no one else wishing to speak, Mayor Dressler closed the Public Hearing. Motion passed (4-1) with Commissioner Bolton dissenting. RESOLUTION R-2018-45 Mayor Dressler recessed the meeting at 11 Al a.m. and reconvened the meeting at 11.53 with all present as before. Page 7 of 8 COMMISSION MEETING April 25, 2018 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: 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 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. Vice Mayor Gomez seconded by Commissioner Bolton moved approval of T02374 on second reading. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (5-0). PASSED ON FIRST READING APRIL 11, 2018 PASSED ON FIRST READING APRIL 25, 2018 ORDINANCE NO. 0-2018-03 b. 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. Commissioner Bolton seconded by Commissioner Fishman moved approval of T02376 on second reading. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed (4-1) with Commissioner Bolton dissenting. PASSED ON FIRST READING APRIL 11, 2018 PASSED ON FIRST READING APRIL 25, 2018 ORDINANCE NO. 0-2018-04 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing(s) scheduled for this meeting. 12. OTHER: There being no further business to come before the G y Commission Mayor Dressler adjourned the meeting at 11.58 a.m. Harryb ressler, Mayor Patricia Teufei, CMC City Clerk Page 8 of 8 COMMISSION MEETING April 25, 2018