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HomeMy WebLinkAbout2018-05-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, MAY 9, 2018 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 7:05 p.m. on Wednesday, May 9, 2018, in City Commission Chambers, Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez, Commissioner Julie Fishman and Commissioner Debra Placko were in attendance. ABSENT & EXCUSED: Commissioner Marlon Bolton Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and Assistant City Clerk Lillian Pabon. PLEDGE OF ALLEGIANCE: Mayor Dressler led the Pledge of Allegiance 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of the Parks & Recreation Foundation Memorial Scholarship to J.P. Taravella High School student Shayla Taylor by P.A.R.O.T Chair Dominic Gray, P.A.R.O.T Treasurer Brenda Edwards and P.A.R.O.T Secretary Sandy Ehrlich. Parks & Recreation Director Greg Warner and Secretary Ehrlich presented the scholarship to student Shayla Taylor, who has a weighted grade point average of 5.04, rank 23 in a class of 678. Director Warner also introduced JP Taravella High School Principal Dr. Jason Nault to the audience. b. Presentation of a proclamation by Mayor Harry Dressler proclaiming June 1, 2018 as "National Gun Violence Awareness Day". (Requested by Mayor Harry Dressler). Mayor Dressler read the proclamation and recognized the group of Moms Demand Action. c. Presentation of a proclamation by Mayor Harry Dressler proclaiming May 19, 2018 as "Kids to Parks Day". (Requested by Parks & Recreation Director Greg Warner) d. Presentation of a Proclamation by Mayor Harry Dressler proclaiming the Month of May 2018 as "Water Safety Month". (Requested by Parks & Recreation Director Greg Warner. e. Presentation of a proclamation by Mayor Harry Dressler proclaiming the Month of May as "Jewish Heritage Month". (Requested by Commissioner Debra Placko) f. Presentation of a Proclamation by Mayor Harry Dressler Commending and Congratulating Destiny Rochester for her Admission to Harvard University (Requested by Mayor Harry Dressler) g. Presentation by Mayor Harry Dressler of Certificates of Graduation to the Ninth Graduating Class of Tamarac University - May 2018: Aletha Redwood Kara Maeyer Ana Silva Lynelle Mays Aneatra King Margaret Hall Bernadette Baguidy Mildred Velasquez Page 1 of 6 COMMISSION MEETING May 9, 2018 Carol Mendelson Neil Fitzgerald Greg Rosenberg Princess Stanley Jane Gerada Rodulfo Delgado Jeffrey Lemay Shirley Snipes Jill Herman Verona Wooten Jose Spena William Stromberg Joy Penn Yvonne Barnette 2. CITY COMMISSION REPORTS a. Commissioner Bolton: Commissioner Bolton was absent. b. Vice Mayor Gomez: Vice Mayor Gomez said she attended the Broward County Planning Counsel. She was appointed to the MPO Steering Committee; attended the African American Social Club; Attended the Hadassah 70th Birthday of Israel; met with Commissioner Rich; attended the Florida Trend Magazine and Fort Lauderdale Greater Alliance luncheon; District 1 Neighborhood meeting; Excelsior Academy at the Krispy Cream Shopping Plaza; thanked the Tamarac Chamber of Commerce and City staff for holding the Teacher Appreciation Luncheon and spoke about her mother who was a teacher; thanked the P.A.R.O.T. Foundation Gold Tournament; Dellenbach Foundation fundraising for individuals in need of medical care; and various Association meetings. She exhorted the Homeowner Associations to e-mail the City updating their contact information. Commissioner Gomez wished everyone a Happy Mother's Day! c. Commissioner Fishman: Commissioner Fishman said she attended the King's Point Men's Club Luncheon in honor of the Honor Flight of South Florida and is the second year where the Men's Club has done this event where veterans from the Korean and Vietnam War are flown to Washington DC for a day, making it a life changing event for the veterans. She thanked the Firefighter's Honor Guard: King's Point Hadassah Israeli American Club in celebration of the 70th Birthday of the State of Israel: the first Tamarac Teacher and School Employee Recognition: Appointed to the Sophia Advisory Council which is the South Florida Institute and Aging aka Impact Broward program for seniors and veterans; ADRC Hall of Fame; Moms Demand Action meeting for Gun Awareness; Veterans Affairs Committee and spoke on how to better communicate with legislators; attended the School Board Promise Program that works to keep kids in school; and attended the Veterans Affairs Committee meeting who are putting together a great program for Memorial Day. d. Commissioner Placko: Commissioner Placko attended the ADRC Seniors Hall of Fame Luncheon and said this is a very diverse group; and attended the Parks and Recreation P.A.R.O.T. Foundation Golf Tournament where everyone had a fabulous time. She said the District 4 Neighborhood meeting will be held on Wednesday, May 30, 2018, at the Tamarac Community Center. She wished a Happy Mother's Day to all Mothers, Grandmothers and especially to her Mother. e. Mayor Dressler: Mayor Dressler addressed the e-mail received from a resident with the colony of bees' issue on her yard and said it was clear to him she needed assistance. He commented there is always someone in the City that can help and forwarded her e-mail to Social Services Supervisor Rose Cure-Persad to follow up on her concern. 3. CITY ATTORNEY REPORT: City Attorney Goren said the Broward League of Cities Ethics Bootcamp took place last Friday and wanted to thank Vice Mayor Gomez for attending the four (4) hours plus of the presentation and for her participation asking interesting questions that were very helpful to those in attendance. He reminded the Commission that for Page 2 of 6 COMMISSION MEETING May 9, 2018 those in need of the four (4) hours training, a Lunch and Learn can be scheduled as needed over the next several months and if only two (2) hours are needed as in the past a Lunch and Learn can be scheduled to do the two (2) hours, two (2) hours online and two (2) live, for State Ethics Chapter 112. City Attorney Goren wished the very best and congratulated City Manager on his recognition scheduled on June 1st. Lastly, there is a presentation of an Ordinance on the agenda and he will defer his time to the City Manager. 4. CITY MANAGER REPORT: City Manager Cernech said Neighborhood District 3 meeting is being hosted at Kings Point Clubhouse, 7620 Nob Hill Road, on May 16, 2018 at 6:30 p.m. Members of the Community are encouraged to join Elected Officials and City Staff for a discussion on current projects and their impact on the Community, get questions answered and share insight into what the future holds for "The City for your life." City Manager Cernech announced that the application window for the City's Neighborhood Improvement Grants will open on May 14 through May 25th, 2018. For a limited time, eligible Homeowner Associations and Neighborhood Associations can apply for matching funds for improvement projects in their 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 announced the next quarterly HOA Liaison meeting is scheduled for Tuesday, June 5th, 2018 from 6.30 p.m. to 8:30 p.m. at the Tamarac Community Center and encouraged new and existing Condominium Association, and HOA Board members to obtain their free certification courses provided by partners from the law firm of Kaye Bender Rembaum. Since space is limited, RSVP to (954) 776-1999, Ext. 242 and reserve your spot. Upcoming Events: The next Concert in the Park is scheduled for Friday, May 18th from 7:00 p.m. to 9.00 p.m. at the Tamarac Sports Complex, 9901 NW 77th Street, and features "Never Stop Believing", a Journey Tribute; the next Movie in the Park is scheduled for Friday, June 1, featuring "Despicable Me". Pre -Movie activities include Face Painting, Games, Bounce House, Music, and Food Trucks. Pre -Movie activities begin at 7:00 p.m. and the movie starts at 8:15 p.m. City Manager Cernech said Public Services announced the Wrapping of the Traffic Boxes began on 05/04/18 and as of now they installed 4 boxes at the following locations: Nob Hill & 77th Street, SE Corner (Large Box; Commercial & Hiatus NW Corner (Large Box); McNab & Pine Island NW Corner (Large/Small Box). The three boxes for Commercial & Pine Island (Large/Small Box), are scheduled to be installed this week and we are waiting for FDOT approval to wrap the remaining thirteen boxes. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke: Michael DiGregorio, 8122 Prestige Commons Drive, spoke on behalf of residents of Prestige Commons at the intersection of Nob Hill and Southgate regarding their fence surrounding the community that was destroyed by Hurricane Irma, safety issues with properties exposed to traffic, and financial hardship the issue has created to the Community and appealed to the City Commission for consideration in having a buffer wall around their community with a guardrail to protect the community from incoming traffic. Mayor Dressler asked Mr. DiGregorio to contact Commissioner Fishman regarding his issue. Commissioner Fishman provided her phone number 954-461-1311 and asked Mr. DiGregorio to call her to arrange a meeting and look at the situation. Jamie Burnette, residing at 8060 Fairview Dr. Bldg. 109, spoke about the development he lives in, Versailles Gardens, Page 3 of 6 COMMISSION MEETING May 9, 2018 regarding possible criminal activity, fraud/embezzlement, illegal construction and non- compliance to City Code that is permitted by the Association. He said the Association cannot be voted out because elections have been disbanded and no longer permitted and the lawsuit against it was dismissed. Mayor Dressler said Cities don't have jurisdiction over HOAs and deferred to City Attorney Goren asking if there is a local agency Mr. Burnette may contact for assistance. City Attorney Goren explained this is a private legal issue that relates to the Association and if there are criminal actions allegedly occurring at Versailles Gardens, the resident have the right to contact BSO for with their concerns and if the HOA is involved with criminal behavior, embezzlement or other misappropriation of funds they too can be reported to the State Attorney's Office Downtown or an agency in Tallahassee that handles HOAs. Commissioner Placko said she has local contact information and will provide it to Mr. Burnette before he leaves today. Mr. Ronald Wasserman, residing at 8577 J Drive, Shangri- La, spoke about his ongoing issues regarding constant trespassing at his property. Jeffrey Shapiro, residing at 6104 Orchard Tree Ln, Woodlands, spoke and disagreed with a survey done by 13th Floor for which was announced at a meeting that only those responding to the survey will be counted. Mr. Shapiro said the survey is unfair and biased in the questions asked. Vice Mayor Gomez said there is no vote to take place at this meeting today and she will meet with him to discuss further. Mayor Dressler assured that surveys don't make decisions, this Commission's decisions are what matter. Debbie Taylor, residing at 7850 West McNab Rd, thanked the Commission for promoting Kids to Parks and also spoke about her concerns regarding strip malls, the accumulation of litter at the Shoppes of Tamarac, and unsafe buildings. Jose Spena, residing at 5721 Coco Palm Drive spoke about bees in the City, who would handle bee situations, and suggested hearing information related to programs protecting wild life and endangered species. With no one else wishing to speak, Mayor Dressler closed Public Participation. 6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there are items to be added or removed from the Consent Agenda and City Manager Cernech said there were no changes or additions to the Consent Agenda. Commissioner Placko seconded by Commissioner Fishman moved to approval of the Consent Agenda. Motion passed unanimously (4-0). a. Approval of the April 25, 2018 Regular Commission Meeting Minutes - APPROVED b. TR 13096 - Citywide Culvert Headwall Phase V - A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-05B to and approving an Agreement with Lambert Bros Inc. for the construction of Phase V of the Citywide Culvert Headwall Installation Project, in accordance with Bid No. 18-05B for a contract amount of $546,176.50, a contingency in an amount of $54,617.65 will be added to the project account, for a total project budget of $600,794.15; authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-46 c. TR13092 -Amendment to Community Development Fee Schedule -A Resolution of the City Commission of the City of Tamarac, Florida, amending the Community Development Department Fee Schedule to provide for additional fees associated with new applications attached hereto as Exhibit "A"; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-47 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. Page 4 of 6 COMMISSION MEETING May 9, 2018 8. ORDINANCE(S) - FIRST READING: There were no Ordinances on First Reading schedule for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearings items scheduled for this meeting 10. ORDINANCE(S) - SECOND READING a. 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 and notify the City Commission of the revised item distributed to the Mayor and City Commission that includes a cover memorandum from Community Development Director Maxine Calloway. Vice Mayor Gomez seconded by Commission Placko moved approval of T02375 as amended, on second reading. Mayor Dressler opened the Public Hearing and Tamarac resident Kathleen Stevenson, residing at 5301 NW 50th Avenue spoke about her concerns regarding bylaws already a part of the HOA documents. City Attorney Goren responded the burden is on the applicant and that there is language in the application. City Attorney Goren read the section of the application that references the subject. Mr. Howard Clark, residing at 5465 Coral Ridge Drive, Coral Springs, Florida said he is a member of the Rental Association of the Palm Beaches, Greater Fort Lauderdale Renters and a member of the Urban Affairs Committee and thanked the City Commission for the opportunity to speak. He spoke of his support of the Vacation Rentals Ordinance and said that the vast majority of the issues with vacation rentals are related to noise, parking and trash regulations. He talked about his experience and said other cities with lower fees in general are the ones with more compliance and reiterated that the challenge is complying. Joel Davidson, residing at 4608 Norfolk Pine Island Drive, talked about his concern regarding advertising the ordinance in addition to the Tamagram and the website and inquired about the procedure when someone violates the Code. Community Development Director Calloway said there are websites currently showing 69 properties for rent in the City. Director Calloway said flyers will be distributed as part of an awareness campaign to go in effect. Director Calloway spoke about software and website monitors for vacation rentals and briefly talked about the process regarding code violations. Vice Mayor Gomez recognized Mr. Davidson concerns and said the purpose of the Vacation Rentals Ordinance discussed and voted on tonight is to protect associations in the City that do not have rules in place because the State has mandated Cities not to regulate vacation rentals, meaning the City is prohibited from doing so. City Attorney Goren explained the State preemptions for vacation rentals and stressed this is a Registration Ordinance. Attorney Goren cautioned the City Commission must be careful and know the difference between regulation and registration. Mayor Dressler commented about how complex the Ordinance is. Barry Harris, residing at 7137 Wisteria Way said he looks forward to reading the final version of the Ordinance to present it to the HOA and its' residents. Ronald Wasserman, residing at 8577 J Drive, Tamarac, thanked the Commission and agreed with the Ordinance amendments. With no one else wishing to speak, Mayor Dressler closed the Public Hearing. Mayor Dressler opened the floor to the City Commission for discussion. Vice Mayor Gomez commented this Ordinance is a very difficult item. She continued saying the City is trying to fill the gaps and have not changed the rules, stressing it is up to the communities to take control Page 5 of 6 COMMISSION MEETING May 9, 2018 of their documents. Vice Mayor Gomez thanked the City Staff for the work in putting the Ordinance together. Director Calloway spoke regarding language incorporated and the services the City asks related to code compliance. Attorney Goren said the burden relies on the applicant and spoke about the concept of no compliance. Director Calloway spoke about the changes to Section 12.383 requiring self -certification type inspection now added a robust inspection process that includes inspection fees for no show. She also discussed changes to Section 12. 386 related to suspension or revocation due to criminal activity. City Attorney Goren said changes can occur when future compliance with State Law would require changes to the ordinance. He continued to say that changes related to the City's process may change from six months to a year requiring changes to the ordinances. Vice Mayor Gomez thanked the staff and solicited residents in getting the word out. In response to Commissioner Placko's inquiry about inspections, and Director Calloway responded that inspections entail safety standards, smoke detectors, fire alarms, pool standards and number of occupants and added that this ordinance does not address pets. Commissioner Placko said she will get the word out to the communities and asked communities to contact the City Commission. She closed saying communities need to be governed and exhorted residents to stand up, and if they see it, say it. Commissioner Fishman said she worked as an aid in the legislature and understands the residents want to know. PASSED ON FIRST READING APRIL 11, 2018 PASSED ON SECOND READING MAY 9, 2018 ORDINANCE 0-2018-05 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing items scheduled for this meeting. 12. OTHER There being no further business to come before the City Commission, Mayor Dressler adjourned the meeting at 9:27 p.m. Har, ressler, Mayor Lillian Pabon, CMC Assistant City Clerk Page 6 of 6 COMMISSION MEETING May 9, 2018