HomeMy WebLinkAbout2017-10-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, OCTOBER 25, 2017
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9:16 a.m. on Wednesday, October 25, 2017, in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Debra Placko, Commissioner Marlon Bolton,
Commissioner Michelle J. Gomez and Commissioner Julie Fishman 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 month of October
2017 as "Domestic Violence Awareness Month". (Requested by Mayor Harry Dressler)
b. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of October
2017 as "National Disability Employment Awareness Month". (Requested by Commissioner
Marlon Bolton)
c. Presentation of a proclamation proclaiming the week of October 23 — 31, 2017 as "National
Red Ribbon Week". (Requested by Mayor Harry Dressler)
d. Presentation by Mayor Harry Dressler of Employee Service Awards:
10 -Year Award: Maricela Jimenez, Backflow Technician, Public Services
15 -Year Award: Margarita Pacheco, Sr. Customer Service Rep./Cashier, Parks &
Recreation
20 -Year Awards: Kay Reinert, Training Specialist, Human Resources; Michael Rybak,
Engineering Technician, Public Services
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton said he continues to be active in the
community, and you can follow him at www.Facebook.com/CommissionerMarionBolton or
call him at 954-275-3850.
b. Commissioner Gomez: Commissioner Gomez said she attended the following events:
various community meetings, Taste of Tamarac, the funeral for former Commissioner Diane
Glasser, October Fest event, Greater Ft. Lauderdale Annual Alliance meeting, Halloween
Hoopla and the Mayor's Gala. Commissioner Gomez said she will be attending the Affordable
Housing meeting this evening and the Broward County Planning Council meeting tomorrow.
Commissioner Gomez invited people to join her for her "Conversation with the
Commissioner" at the Metro Diner on October 30th at 10:30 a.m. Commissioner Gomez said
on a personal note she wants to thank those unsung heroes, whether they be the FBI, BSO
or Fire Rescue, that work many situations that we do not know about. Sometimes we don't
get all the facts when we read or hear something and sometimes in the interest of National
Page 1 of 6 COMMISSION MEETING October 25, 2017
Security we don't need to know. We should not be quick to judge and we should appreciate
what our military men and women and those non-commissioned individuals do for us.
c. Commissioner Fishman: Commissioner Fishman said she took a tour of the Flight Center
which is a center that assists kids who are aging out of the foster care system. Commissioner
Fishman said she attended the Taste of Tamarac, the first meeting of the Broward Human
Rights Board where she was appointed as a member of the board, Broward Education
Foundation 2017 Hall of Fame Breakfast, the Broward Reads for the Record at Challenger
Elementary, the Greater Ft. Lauderdale Alliance Annual meeting, the Halloween Hoopla, the
BSO Shred-a-thon and the Mayor Gala. Commissioner Fishman said she visited the Junior
Achievement Biz World with Tamarac Elementary, the Hispanic Unity Citizenship Class and
the American Legion Post 365 Installation of officers.
d. Vice Mayor Placko: Vice Mayor Placko said she attended the Taste of Tamarac and the
Halloween Hoopla. Vice Mayor Placko thanked Chrissy and John from the PuroClean facility
that does water, fire, mold and Bio-Hazard restoration. Vice Mayor Placko said they are still
collecting children's books for the Little Free Libraries that will be in parks on the east and
west side of Tamarac and added that the COPS have been very generous in donating books.
Vice Mayor Placko said there will be children and families that will not have a Thanksgiving.
Vice Mayor Placko asked that people put together a Thanksgiving food basket and went over
a list of non-perishable items that can be placed in the basket and said gift cards could also
be donated to purchase turkeys. Vice Mayor Placko said these items can be dropped off at
City Hall and she is working with Family Central to make sure that Tamarac families get first
preference.
e. Mayor Dressler: Mayor Dressler said he did not attend the Mayors Gala as he chose to
attend the Baha'i Faith's 200th Anniversary Celebration of the birth of their founder
Baha'u'llah, which was a positive experience. Mayor Dressler reported that he met with
Representative Patricia Williams, who represents Tamarac, and discussed Tamarac's
legislative priorities. Mayor Dressler said he also stopped by the Hispanic Unity Citizenship
Class at the Tamarac library which helps people get prepared for U.S. citizenship. Mayor
Dressler said that while there he spoke about his mother immigrating to the United States.
Mayor Dressler commented that we are all immigrants to one extent or another.
3. CITY ATTORNEY REPORT: City Attorney Goren said his office sent an email to the
Commission on Monday evening regarding the Charter Review Commission Infrastructure
Sub -committee's meeting on Monday, October 30th at 2:00 p.m. As you are aware the
Charter Review Commission is currently in session and is able to recommend Charter
changes to the voters of Broward County in November 2018. The four sub -committees of the
Charter Review Commission are meeting on Monday to talk about several items, one of
which is the pre-emption discussion in connection with the County siting facilities and projects
in municipalities. His firm is not representing the CRC in this matter and they have retained
outside counsel due to the fact that his firm represents both municipalities and the League of
Cities. City Attorney Goren said that the proposal is being presented and discussed by the
Committee and Weston Mayor Dan Stermer is assigned the task from the League of Cities to
be present and to raise concerns about the League which will apply mostly to the officials'
county wide, including all mayors and members of the sub -committee of the CRC. There are
four sub -committees: Governance, Ethics, Infrastructure and Human Services each of which
get to make recommendations to the full board. What this means from the procedural
perspective is that the Board requires 10 votes of the Commission for the lawyers to draft out
Page 2 of 6 COMMISSION MEETING October 25, 2017
questions and it takes 13 members of the Board to actually place them on the ballot. City
Attorney Goren said this is a topic of great concern for municipalities because it appears to
respect the rights of local governments and their land use, their zoning, their rules and
regulations and policies governing the development of property, this item can be placed in the
County Charter. The memorandum submitted by the outside attorney hired by the CRC to
make this analysis cites several different points in the Charter which aren't protected and one
relates to land use, platting and environmental matters which are items that are reviewed not
just by the City Commission and professional staff, but also by the County Commission and
approved by the County Commission. What failed to be mentioned was the issue of ethics
which as of 2012 this Commission is now accountable to the County Ethics Code. City
Attorney Goren said if any Commission member wishes to attend this meeting on Monday,
the meeting is at the County Governmental Center at 2:00 p.m. in Room 430. City Attorney
Goren said he will be happy to provide more information after the meeting on Monday. City
Attorney Goren said he will provide the Commission with the memorandum of the outside
attorney.
City Attorney Goren said the City has been subject of two lawsuits by Prestige Homes and
yesterday Prestige filed an appeal of the successful Order entered by the Judge in the case
referencing Senate Bill 360. Judge Rodriquez -Powell entered her Order on August 3, 2017
granting the City's Amended Motion for Summary Judgment. City Attorney Goren said the
second Prestige case is still pending and the City is not going to give the fire station property
back to the developer who vacated it. The City does own the property legally.
City Attorney Goren said on Monday you all raised some concerns about Medical Marijuana
and asked his office to provide an update. Brian Sherman sent that out on Monday evening
referencing the statutory change in SB 8A and the fact that it included low and high THC
Cannabis as part of Medical Marijuana discussion. That is in Section 381.986 F.S. and this is
the law and, unfortunately, is what we have to deal with.
4. CITY MANAGER REPORT: City Manager Cernech invited people to attend the Veterans
Day Ceremony on Saturday, November 11th at 10:30 a.m. at Veterans Park located at
Southgate Blvd. and University Dr. This year's event will feature the unveiling of one new
panel for the Veterans Honor Wall, special guest speakers, a traditional wreath laying and
light refreshments will be served. City Manager Cernech thanked our sponsors Vitas Health
Care and Humana.
City Manager Cernech invited people to sign up for the 37th Annual Tamarac Turkey Trot 5 K
run on Thanksgiving morning. Runners will receive a T-shirt, finisher medal and refreshments
following the race. Registration fees are as follows: $25 for early registration through
November 10th1 $30 for late registration from November 11th to November 22"d and $50 on
race day. Veterans may take $10 off the registration fee, mail in or in person registration only,
and must show proof. The race begins at City Hall at 7525 NW 88th Ave. on Thanksgiving at
7:30 a.m. People can register on-line at www.active.com and for event details. City Manager
Cernech thanked our sponsors Walmart Neighborhood Market and University Hospital and
Medical Center.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Joel Davidson, 4608 Norfolk Island Pine Dr., advised that the Kiwanis will
be providing 10 military families at Homestead Air Force Base Thanksgiving dinner as they
lost everything in Hurricane Irma. They will also be providing 30 pies for other military
Page 3 of 6 COMMISSION MEETING October 25, 2017
personnel on the base as well as center pieces for tables. Mr. Davidson said the Kiwanis is
open to accepting donations for this project. Peter Mason, 11620 NW 2"d Dr., Coral Springs,
thanked the Commission for the City's support for the successful 14th Annual Taste of
Tamarac which took place on October 15th and said he is looking forward to next year's Taste
of Tamarac.
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. Vice Mayor Placko seconded by Commissioner Gomez moved approval of
the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the October 11, 2017 Regular Commission Meeting Minutes - APPROVED
b. TR13017 - FY16/17 & FY17/18 HOME ILA: A Resolution of the City Commission of the
City of Tamarac, Florida, accepting the 2016-2017 Fiscal Year Home Investment Partnership,
("HOME") funds in the amount of $82, 910 for a term commencing October 1, 2016 with an
end date of September 30, 2019; authorizing the appropriate City Officials to execute an
Interlocal Agreement between Broward County and the City of Tamarac for the designation of
sub -recipient and providing for disbursement of Home program funds for the owner -occupied
Minor Home Repair Program, Fiscal Year 2016-2017, attached hereto as Exhibit "A", and
incorporated herein; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2017-117
c. TR13020 - 457 Deferred Comp Percentage Based Option: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
execute an addendum to the Agreement with VOYA Retirement Insurance and Annuity
Company (VRIAC) (formerly known as ING Life Insurance and Annuity Company) to provide
a percentage -based contribution option to the 457 Deferred Compensation Plan, adopting the
percentage -based contribution option amendment addendum, attached hereto as Exhibit 1
and incorporated; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2017-118
d. TR13021 - Health Insurance Stop Loss: A Resolution of the City Commission of the City of
Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement with
Cigna, providing for Stop Loss insurance; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2017-119
e. TR13022 - City Health Insurance Program Renewal - FY 2018: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
renew and execute an agreement with CIGNA, providing for administrative services for
claims and Flexible Spending plans and the Employee Assistance Program and Telehealth
Connection Program, and to make certain modifications to the Health Insurance Program for
employees and retirees; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2017-120
Page 4 of 6 COMMISSION MEETING October 25, 2017
f. TR13019 -Temporary Staffing Services: A Resolution of the City Commission of the City of
Tamarac, Florida authorizing the appropriate City Officials to select, approve and award the
acquisition of temporary staffing services on an as needed basis to temporarily fill budgeted
employee vacancies for all City Departments and -provide for a method to staff temporary
positions as a result of unanticipated or temporary departmental workload increases in an
amount not to exceed an aggregate total of $150,000.00, utilizing Agreements awarded by
the State of Florida Department of Management Services, the South Florida Governmental
Purchasing Cooperative or other formally competed agreements by other Florida
Governmental Units, or National Purchasing Cooperatives, and to establish a process for
acquiring specialized temporary staffing needs, as well as establishing quotation procedures
when there are no available firms with competitively bid agreements, in the best interest of
the City; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2017-121
g. TR13016 - St. Malachy Church Annual Carnival — Fee Waiver/Extended Hours/Alcohol
Permit A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to grant a waiver of Business Revenue Licensing fees in the amount
of $1,558.90, to extend the hours of operation to 11:00 p.m. on Thursday, November 2, 2017
through Saturday, November 4, 2017; and to permit the sale and consumption of alcoholic
beverages on premise on Friday, November 2, 2017, through Sunday, November 5, 2017 for
the Saint Malachy Catholic Church Annual Carnival, located at 6200 John Horrace Terrace,
beginning on Thursday, November 2, 2017 and ending on Sunday, November 5, 2017;
providing for conditions of approval; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2017-122
7. REGULAR AGENDA: There were no Regular Agenda Items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. TO2365 - 7-Eleven Rezoning- 1st Reading.- 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 a portion of Lot 9, of Section 13,
Township 49 South, Range 41 East, of Fort Lauderdale Truck Farms Subdivision, as
recorded in Plat Book 4, Page 31 of the public records of Broward County, Florida and a
portion of Parcel "C", the Mainlands of Tamarac Lakes, as recorded in Plat Book 64, Page 1,
of the public records of Broward County, Florida, more legally described in Exhibit "A", from
the current B-1 (Neighborhood Business District) zoning classification to B-3 General
Business District) zoning classification, for the subject property located on the south side of
West Commercial Boulevard, immediately west of North State Road 7, 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. 2-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. City Attorney Goren read TO2365 by title into
the record. Commissioner Gomez seconded by Commissioner Fishman moved approval of
TO2365 on first reading. City Attorney Goren said this is the first reading and at the second
and final reading on November 8th there will be a more formal presentation. Community
Development Director Calloway appeared and gave a presentation, a copy of which is on file
in the City Clerk's Office. Attorney Heidi Davis appeared on behalf of the applicant and
Page 5 of 6 COMMISSION MEETING October 25, 2017
advised that the applicant supports staff's finding. Commissioner Gomez expressed her
concern about traffic being impacted during construction and asked the applicant to be
mindful of the placement of cigarette advertisements in the store. Vice Mayor Placko asked
how many fuel pumps would be located at the site, what impact would the lights have on the
surrounding community and what the hours of operation will be. Ms. Davis responded there
would be 9 fuel pumps, lighting will adhere to the City's requirements and the station will
operate 24/7. City Attorney Goren noted that this is the first reading and the second reading
will be Quasi -Judicial at which time the Commission will also hear the Special Exception, Site
Plan, Plat and the public will be heard. Commissioner Bolton said he has some hesitation
about this project as he has heard from residents who do not support this project. He also
expressed his concern with the height of the signage and the configuration of the lot as to
where the pumps and parking will be placed. Mayor Dressler asked if the gas station will
have a generator and Ms. Davis responded that station will be equipped and ready for a
generator to be brought in if necessary. Motion passed unanimously (5-0).
PASSED ON FIRST READING OCTOBER 25, 2017
b. T02367 - FY 2017 2nd Budget Amendment: An Ordinance of the City Commission of the
City of Tamarac, Florida, amending Ordinance 2017-02, which amended the City of Tamarac
Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial
Policies for the Fiscal Year 2017, by increasing the total revenues and expenditures by a total
of $6,149,542 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 T02367 by Title into the record. Vice Mayor Placko seconded by Commissioner
Bolton moved approval of T02367 on first reading. Finance Director Mason appeared and
gave a short presentation, a copy of which is on file in the City Clerk's Office. Finance
Director Mason responded to a few questions posed by Mayor Dressler. Motion passed
unanimously (5-0)
PASSED ON FIRST READING OCTOBER 25, 2017
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): There were no Quasi -Judicial items scheduled for this
meeting.
12. OTHER:
There being no further business
adjourned the meeting at 10:46 a.m
Patricia Teufel, CMC
City Clerk
to come before the City Co mission, Mayor Dressler
arty Dressler, Mayor
Page 6 of 6 COMMISSION MEETING October 25, 2017