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HomeMy WebLinkAbout2018-01-08 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MONDAY, JANUARY 8, 2018 CALL TO ORDER: Mayor Harry Dressler called the Workshop of the City Commission to order at 9:46 a.m. on Monday, January 8, 2018 in Conference Room 105, City Hall, 7525 NW 88t" 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 Cernech, Assistant City Manager Kathleen Gunn, City Attorney Samuel S. Goren and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Fishman led the Pledge of Allegiance. 1. TR13053 - Supporting and Adopting the Broward County December 2017 Multi - Jurisdictional Local Mitigation Strategy: Item No. 6 (b) on the Consent Agenda. (TR13053) A Resolution of the City Commission of the City of Tamarac, Florida supporting and adopting the Broward County December 2017 Multi -Jurisdictional Enhanced Local Mitigation Strategy (ELMS) Plan (Exhibit A); providing for conflicts; providing for severability; and providing for an effective date. Chief Building Official/Director Claudio Grande appeared and gave a presentation. Chief Building Official/Director Grande said Tamarac FEMA requires local governments to have a FEMA approved ELMS in order to apply for project grants and Tamarac has participated since the inception of the program in 1998. Chief Building Official/Director Grande said this Resolution supports the Broward County ELMS which means that Tamarac will be eligible for numerous grant awards from the Federal Government. Chief Building Official/Director Grande gave a few examples of projects that can be submitted for grants. 2. TR13036 - Authorize Purchase of New and Replacement Vehicles for FY 2018: Item No. 6 (d) on the Consent Agenda. (TR13036) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the purchase of new and replacement vehicles and equipment utilizing competitive procurement methods and current Agreements available for cooperative purchase at the time of purchase, including the Agreement awarded by the Florida Sheriffs Association, the National IPA Contract No. 120535, and REV Technical Center, in the best interest of the City; authorizing the appropriate City Officials to select, approve, and award the purchase of said equipment and vehicles utilizing current Agreements available for cooperative purchase at the time of purchase in the best interest of the City; authorizing an expenditure in an amount not to exceed $2,022,460.00 from the appropriate accounts for all vehicles and equipment; providing for conflicts; providing for severability; and providing for an effective date. Budget/Contracts Manager Troy Gies and Purchasing/Contracts Manager Keith Glatz appeared. Budget/Contracts Manager Gies gave a presentation, a copy of which is on file in the City Clerk's Office. Budget/Contracts Manager Gies talked about the procurement process, replacement criteria and briefly went over some of the 35 vehicles that would be replaced. Budget/Contracts Manager Gies noted that the money Page 1 of 5 COMMISSION WORKSHOP MEETING January 8, 2018 for the replacement vehicles was included in the budget for FY18. Mayor Dressler talked about leasing vehicles versus purchasing vehicles. 3. TR13041 - Buffer Wall Phase IV Design: Item No. 6 (g) on the Consent Agenda. (TR13041) A Resolution of the City Commission of the City of Tamarac, Florida, approving execution of Task Authorization No. 18-04D with Stantec Consulting Services Inc. To provide professional engineering services for the design and permitting of the Citywide Buffer Wall Project, Phase IV, which is generally located on the north side of NW 57th Street between NW 64th Avenue and Pine Island Road, and the west side of NW 64th Avenue between NW 57th Street and NW 58th Street, in accordance with the City's Continuing Service Agreement as authorized by Resolution R-2016-80; authorizing an appropriation in the amount of $18,619.00 which will be included in a Budget Amendment in April 2018 pursuant to F.S. 166.241(2); authorizing an expenditure for said purpose in an amount not to exceed $158,800.00; providing for conflict; providing for severability; and providing for an effective date. Assistant Director/ Capital Project Manager John Doherty and Purchasing/Contracts Manager Keith Glatz appeared. Assistant Director/ Capital Project Manager Doherty gave a presentation, a copy of which is on file in the City Clerk's Office. Vice Mayor Gomez asked for the status on Phase IIB and Assistant Director/ Capital Project Manager Doherty said it was delayed due to securing all the easements and would be done together with Phase III. Vice Mayor Gomez asked if this could be completed prior to the Spring of 2019 and Assistant Director/ Capital Project Manager Doherty said they would push as hard as they can to get it done quicker; however, it is a complicated project. Vice Mayor Gomez asked if additional walls can be constructed along Pine Island during Phase IV and Assistant Director/ Capital Project Manager Doherty said staff will consider it. Commissioner Placko commented that the walls are beautiful and noted that the new 7- Eleven incorporated some of the design into the new store that just opened. Mayor Dressler adjourned the meeting at 10:25 a.m. and reconvened the meeting at 10:39 a.m. with all present as before. City Manager Cernech clarified the area on Pine Island that Vice Mayor Gomez had requested be included in Phase IV of the buffer wall project and said staff will include a 20% contingency to TR13041 so that the additional buffer wall can be added. Assistant Director/ Capital Project Manager Doherty noted that they are excited about Phase IV of the project because they will not need easements for a good portion of the buffer wall. Vice Mayor Gomez said if staff needs assistance with procuring any easements to let her know and she will be happy to help. 4. TR13047 - FEMA Policy Changes: Item No. 6 (f) on the Consent Agenda. (TR13047) A Resolution of the City Commission of the City of Tamarac, Florida, urging the Federal Emergency Management Agency ("FEMA") to change FEMA's policy requiring pre - approval for disaster debris removal from private roads and treat disaster debris removal from private roads in residential communities in the same manner as public roads for the purpose of FEMA reimbursement for disaster debris removal costs; providing for conflicts; providing for severability; and providing for an effective date. Budget/Contracts Manager Troy Gies appeared and said this resolution is a request to FEMA to re -visit their policy relative to removing storm debris from private roads. Budget/Contracts Manager Gies said after Wilma and Katrina FEMA gave blanket approval to remove storm debris from private roads. Following Irma, you had to ask for Page 2 of 5 COMMISSION WORKSHOP MEETING January 8, 2018 permission to go into private roads and this caused a delay in removing debris from those roads. This Resolution is asking the Mayor and Commission to direct the City Clerk's Office to forward the Resolution to the Florida Congressional Delegation, FEMA, the US Conference of Mayors, the Florida Division of Emergency Management, the Florida League of Cities, the Broward Legislative Delegation, the Broward County Board of County Commissioners, the Broward League of Cities, and each of the municipalities in Broward County. Budget/Contracts Manager Gies talked about removing debris from Kings Point after Irma and other areas in Tamarac. Mayor Dressler said that Tamarac provides public safety services and that removing debris from private roads was in the public's best interest. 5. TR13054 - Pine Island Pedestrian Crossings Design (TA No. 18-07D) Item No. 6 (c) on the Consent Agenda. (TR13054) A Resolution of the City Commission of the City of Tamarac, Florida, approving execution of Task Authorization No. 18-07D with McMahon Associates, Inc. to provide Transportation Engineering Services for the Pine Island Pedestrian/Golf Cart Crossings Design, in accordance with the City's Continuing Service Agreement as authorized by Resolution R-2016-80; authorizing an expenditure for said purpose in an amount not to exceed $71,820.00 per the Task Authorization No. 18-07D, a contingency in the amount of $14,364.00 (20%) will be added to the account for a project total of $86,184.00; providing for conflict; providing for severability; and providing for an effective date. Assistant Director/ Capital Project Manager John Doherty and Purchasing/Contracts Manager Keith Glatz appeared. Assistant Director/ Capital Project Manager Doherty gave a presentation, a copy of which is on file in the City Clerk's Office. Commissioner Fishman asked if the signalization would be able to beep for the visually impaired and Assistant Director/ Capital Project Manager Doherty said that would make that part of the design criteria. Vice Mayor Gomez said she is excited about this as it is beneficial to the Tamarac residents and asked who would control the timing of the lights and traffic signals. Assistant Director/ Capital Project Manager Doherty responded that Broward County would coordinate the timing. Commissioner Placko asked about the construction schedule and Assistant Director/ Capital Project Manager Doherty said the Summer of 2019 because that is when FDOT will allot the money for the project. Mayor Dressler asked if the crossing for the golf carts will be configured for the new clubhouse and hotel and Assistant Director/ Capital Project Manager Doherty said yes. 6. Discussion - HB871 - Government Actions Discriminating Against Businesses — Commissioner Fishman distributed to the Commission members copies of SB1290 for their review. Commissioner Julie Fishman said she wanted to bring this to the Commission's attention as this is the second year it has been brought before the legislature. Commissioner Fishman talked about the gay couple who went to a baker for a wedding cake and was denied because the baker did not believe in gay marriages. Commissioner Fishman said she is opposed to this bill as Tamarac has always been an inclusive community and wants to have a discussion on this matter. Commissioner Fishman expressed what concerned her about this bill. City Attorney Goren said the bill you have provided to the Commission is the composite mirror image bill of HB871 and the language in both bills are identical. City Attorney Goren said as long as the employer has a personnel or employee benefit policy which complies with state law and so long as that employer makes a decision to essentially deny the provision of the service or goods under this particular proposal absent an exemption or a carve out the answer is that the State of Florida would permit that employer to essentially say no. City Page 3 of 5 COMMISSION WORKSHOP MEETING January 8, 2018 Attorney Goren said the Masterpiece Cake Shop case has not yet been decided by the Court. Commissioner Fishman said based on the language in the bill she would be correct in assuming that I could be denied a service. City Attorney Goren said what it really says is that the governmental entity shall not take discriminatory action against a business for taking discriminatory action so long as those two components were in place. Commissioner Fishman confirmed that it would allow the business to discriminate against people based on the business's religious practices. Commissioner Fishman said she understands people can go elsewhere for service and the problem with this bill is that it currently targeted to the LBGT community. Commissioner Fishman asked to Commission to take a stand against this bill. There was a discussion about the Masterpiece Cake Shop Case. Mayor Dressler asked if our people in Tallahassee had a feel about the viability of this bill and City Manager Cernech said no. Mayor Dressler said he want staff to reach out and get this information for the Commission. Vice Mayor Gomez and Commissioner Bolton talked about their experiences with being denied services. Commissioner Fishman said she was hoping to take action on this item and not just discuss it. Mayor Dressler, Vice Mayor Gomez, Commissioner Placko and Commissioner Bolton agreed it was better to wait for a decision on the Supreme Court case and then look at this again. 7. Discussion and Possible Action Regarding the Woodmont Amended and Restated Development Agreement Compliance Matters - Community Development Director Maxine Calloway and City Attorney Samuel S. Goren appeared. Community Development Director Calloway said the purpose of this discussion is to seek consensus for some direction to provide notice to the developer. Community Development Director Calloway talked about the Amended and Restated Development Agreement and the provision for periodic review. Community Development Director Calloway reiterated that staff needs authorization to notify the developer and then discuss it in a public setting. Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office. Community Development Director Calloway went over the history of the Woodmont County Club Project and discussed what was completed and what were the items that failed to substantially comply with the terms of the Agreement. Community Development Director Calloway said we need to achieve consensus as to whether to provide notice to Woodmont Country Club of the City's intent to formally determine whether or not there has been demonstrated compliance to the Development agreement. Community Development Director Calloway said staff is concerned with the remediation of 60,000 cubic yards of contaminated dirt that is currently piled on the Maintenance Barn parcel. Community Development Director Calloway said staff will also need the Commission's assistance relative to Paragraph 16 of the Agreement relative to the development of the commercial pod. As part of the Agreement we allowed some flexibility to the developer mainly allowing the developer to submit a site plan for development on the commercial pod which was a six-month period from the approval date. Provided that the site plan is submitted than certain temporary improvements that are called for in the Agreement those would be conditionally delayed. Clearly, we don't want temporary improvements if in fact the site plan is going to be submitted for permanent improvements on that parcel. Community Development Director Calloway said the six-month period has passed, plus 30 days for the Appeal period passed on November 26, 2017. Since November 26, 2017 we have not had any communication Page 4 of 5 COMMISSION WORKSHOP MEETING January 8, 2018 with the developer, submission for permits, site plans, or emails regarding the temporary improvements that are required. Staff needs your assistance to determine whether there is demonstrated Good Faith compliance with the terms of the Development Agreement consistent with Paragraph 26 and what is necessary at this point is a consensus as to whether or not we should provide the developer with Notice of Intent to make that determination. The determination has to be made at a public meeting as to whether or not the developer is in Good Faith compliance with the terms of the Development Agreement and staff is proposing that the Public Hearing be January 24, 2018 at which time the developer would be given an opportunity to respond to our findings and then if we find that there is not demonstrated Good Faith compliance to the terms of the Development Agreement, then the developer would be given the opportunity to cure and those provisions would kick in under Paragraph 26. Commissioner Placko said she toured the golf course with the consultant and it looks good; however, 95 trees need to be installed, the maintenance area needs to be cleaned up and there were some landscaping issues. Commissioner Placko reiterated that there were a lot of maintenance issues and asked if we have indications of how long it would take to complete, to which Community Development Director Calloway responded that we have not received an update from the developer. Commissioner Placko noted that the pile of dirt on the maintenance area is horrific and embarrassing and asked if a permit had been pulled to remove the dirt. Assistant Director/ Capital Project Manager Doherty said no permit has been pulled. There was a long discussion on the removal of the pile of dirt. Commissioner Placko said the homes that abut the _ dirt are filthy and when this is done arrangements need to be made to clean it up. Community Development Director Calloway responded to additional questions from the Commission. City Attorney Goren said the Commission has only heard staffs presentation today, which is not under oath, and the public hearing has to be scheduled for January 24, 2018 in order to give enough notice to the developer to be able to give them due process for a Public Hearing on January 24, 2018. Mayor Dressler said the chair has determined that there is a consensus to move forward and grants staffs request to proceed to a Public Hearing on January 24, 2018 and provide notice to the developer. City Attorney Goren noted that the City's intention is to continue the with the Agreement and not to deconstruct or terminate the Agreement. 8. Other There being no further business to come before the City Commission for consideration, Mayor Dressler adjourned the meeting at 12:11 p.m. :AOf ......... Patricia Teufel, CIVIC gTAgItSHE0 : o- _. 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