HomeMy WebLinkAbout2017-12-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, DECEMBER 13, 2017
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 7:23 p.m. on Wednesday, December 13, 2017, 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, and Commissioner Debra Placko were in attendance.
ABSENT: Commissioner Julie Fishman
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Patricia A. Teufel.
PLEDGE OF ALLEGIANCE: Vice Mayor Gomez led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Harry Dressler proclaiming December 13, 2017
as "Dr. Alan J. Bussell" Day. (Requested by Vice Mayor Michelle J. Gomez)
b. Presentation of a proclamation by Mayor Harry Dressler proclaiming December 1, 2017
World AIDS Day. (Requested by Commissioner Marlon Bolton)
c. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of
December 2017 as "Tamarac Library Month". (Requested by Mayor Harry Dressler)
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton wished everyone Happy Holidays.
Commissioner Bolton thanked Mayor Dressler for making sure the proclamation for AIDS was
on tonight's agenda as HIV awareness is very important to him. Commissioner Bolton said he
was at a meeting last night with Greg Warner, Jack Strain and Laura Karpaviciute at
Mainlands 1 & 2 regarding a bike lane for that Community, which was very well received by
the people in the Community. Commissioner Bolton said that he continues to be active in the
community and you can follow him on his Facebook page and if you need to speak with him,
his phone number is (954)275-3850.
b. Vice Mayor Gomez: Vice Mayor Gomez said she did want to attend the meeting at
Mainlands 1 & 2 but, unfortunately, she had another meeting that she needed to attend.
Commissioner Bolton left the meeting at 7:47 p.m.
Vice Mayor Gomez attended the following events: the Veteran's Day Ceremony; the
Chamber Holiday Gala, the Quality Florida Gala; the National League of Cities Summit in
North Carolina, where she accepted the Digital Cities Award for the City of Tamarac; the
Turkey Trot; the Family Central 5 K Walk; the 7-Eleven ribbon cutting, and indicated that she
was happy with the way cigarette displays are handled in the store; the Broward County
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Library 40th Anniversary event, the Broward County Planning Council Meeting; the Broward
County Commission meeting, where the Affordable Housing Advisory Committee that she
served on transmitted items for consideration and the Holiday Lighting Festival. Vice Mayor
Gomez reported that she will be attending the Jewish Federation of Elected Officials
Breakfast on Friday and the Paws with Claus Holiday Paw-ty on Saturday. Vice Mayor
Gomez thanked Assistant City Manager Diane Phillips, who is retiring, and said she
appreciates all that Ms. Phillips has done for Tamarac. Vice Mayor Gomez wished everyone
a Happy Hanukkah, Merry Christmas and Happy Kwanzaa.
c. Commissioner Fishman: Absent
d. Commissioner Placko: Commissioner Placko said she also attended many of the same
events that Vice Mayor Gomez reported on. Commissioner Placko commented that 7-Eleven
did an excellent job about the concerns that were raised by the Commission. Commissioner
Placko said 7-Eleven is a very Veterans friendly company, they are looking to have 100
Veteran owned 7-Elevens and if you are interested please contact 7-Eleven. Commissioner
Placko also noted that 25% of PuroClean franchises are Veteran owned. Commissioner
Placko said she stopped by the Leadership Tamarac group where she spent time talking with
all 9 participants and was amazed how focused and poised these young ladies were.
Commissioner Placko said if this is any indication of our youth, we are in good hands.
Commissioner Placko said she attended the Holiday Lighting Festival, the Rudolph Winter
Wonderland; HOA meetings and commented that she is pleased that so many people are
stepping up to get involved in their communities; the University Hospital Board Meeting where
City Manager Cernech gave an excellent presentation; the MPO meeting and went over
several key points that were covered at that meeting. Commissioner Placko wished everyone
a Happy Holiday and Healthy New Year.
e. Mayor Dressler: Mayor Dressler said he attended the Turkey Trot; the Boomers Club
event, the Hispanic Unity of Florida class at the Community Center; the 7-Eleven ribbon
cutting; the Holiday Lighting Festival and the Hadassah meeting at Kings Point. Mayor
Dressler reported that he and his wife, Faith, went to the Dominican Republic and worked
with a women's group who farm and make chocolate and talked about how rewarding the
visit was. Mayor Dressler also talked about the poor conditions that the people of the
Dominican Republic live in.
3. CITY ATTORNEY REPORT: City Attorney Goren said his office recently sent the
legislative update to the Commission with a revised format to make it more readable and
understandable. City Attorney Goren said they make every effort to track as many bills that
have a local impact as they can. City Attorney Goren said they have been utilizing this format
as they think it is readable and helpful and as the Session proceeds it will be very helpful.
City Attorney Goren said he will keep the Commission posted and provide revised copies as
the report is updated.
City Attorney Goren said in the beginning of November the 4th District Court of Appeals
rendered an opinion in a case referencing the City of Pembroke Pines (the Pembroke Pines -
Corrections Corporation of America case) relative to water and sewer. The Court did
something very interesting; it initially ruled in favor of the Trial Judge that had ruled in favor of
the City. Then 4th District Court reversed itself completely. The essence of which is to compel
a municipal water service provider to provide water to an adjacent municipality without the
consent or direction of the city that has the water plant. The statutes basically say that you
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can only sell water to third parties if you consent to doing so as a municipality and if there is a
written contract which authorized that particular sale. So, if you wanted to sell water to
Margate or North Lauderdale because of the need that they have that they can't meet, you
can by contract sell them water. In the City of Pembroke Pines case the Court has now
reversed itself and ruled that the City of Pembroke Pines is legally obligated, pending review
by the Supreme Court, to provide water to an adjacent city without its consent. What has now
happened is that Pembroke Pines filed a Petition to the Supreme Court requesting the
jurisdiction of the Supreme Court to review the 4th District Court's Opinion. The Supreme
Court has the ability to say yea or nay to accepting the case for consideration. Appellate
Counsel has just filed a Jurisdiction Brief arguing that the Supreme Court has jurisdiction and
should consider the case for all the various reasons stated in the Petition. The Respondent in
the case will no doubt file their compelling brief opposing Jurisdiction and ask the Supreme
Court not to accept Jurisdiction. Since the beginning of December Appellate Counsel had
been talking with municipal service providers throughout the State of Florida, requesting that
as the briefs are filed that cities who are municipal water providers also offer an Amicus Brief,
which is a legal document filed in appellate court cases by non -litigants with a strong interest
in the subject matter. City Attorney Goren said he is asking the Commission for their support
for a sister city and that you consider calling a motion to file an Amicus Brief. City Attorney
Goren said he has studied the matter carefully and has had some conversation with City
Manager Cernech and signing on Amicus Brief will be useful for Tamarac. We can advise
Appellate Counsel that Tamarac as a municipal water provider would be supportive of an
Amicus Brief if one is necessary. Commissioner Placko seconded by Vice Mayor Gomez
move approval for the City Attorney to file an Amicus Brief. Motion passed unanimously (3-0).
City Attorney Goren said he will send the Commission copies of the full CCA case as it is a
very rare occasion where any court will actually render an opinion and then reverse itself
completely.
City Attorney Goren said his goodbye to Diane Phillips, who has been a very good friend and
a wonderful source of help to the City Attorney's Office which makes a difference in how he
operates as a City Attorney. City Attorney Goren thanked Ms. Phillips for her service to
Tamarac and to the Commission and Administration through her graciousness, competency
and loyalty and wished her the very best in her retirement.
4. CITY MANAGER REPORT: City Manager Cernech wished everyone a Happy Hanukkah,
Merry Christmas and Happy New Year. City Manager Cernech said Tamarac University is
now accepting applications for the 8-week program starting on Tuesday, March 13, 2018.
Students can learn about City Government and the only requirement is they must be a
resident or business owner in the City of Tamarac. Past graduates have gone on to be City
volunteers and two former students are members of the current City Commission.
Applications are located online at www.Tamarac.org and are due by Friday, January 26,
2018.
Upcoming Events: The Paws with Claus Holiday Paw-ty will take place on Saturday,
December 16, 2017 from 9.00 a.m. to 11.00 a.m. at the Gary B Jones Park for People and
Pups. The Community Garage Sale will be held on Saturday, February 10, 2018 from 7:30
a.m. to 12.00 p.m. at Tamarac Park. Vendor spaces are available with early registration
running until January 26th at a cost of $20 per space; late registration runs from January 27th
to February 7th with a cost of $35 per space. City Manager Cernech invited people to the
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unveiling of the first Little Free Library on Tuesday, December 19th at 3.30 p.m. at the
Tamarac Sports Complex.
Past Events: The Veterans Day Ceremony on November 11 th had 450 in attendance and the
37th Annual Tamarac Turkey Trot had 1,923 runners participating.
City Manager Cernech reported that the installation of the Sunset Point Park Artistic
Playground Fence is considered substantially complete with only minor punch list items
remaining.
City Manager Cernech said that this is Assistant City Manager Diane Phillips' last City
Commission Meeting as she is retiring. City Manager Cernech said he has worked with Ms.
Phillips for 16 years and in typical Diane Phillips fashion, she asked not to make a big deal
out of her retiring. City Manager Cernech said Diane Phillips started as a grant writer and
over the years, and several promotions, became the Assistant City Manager. City Manager
Cernech said Ms. Phillips faithfully served in her capacity as Assistant City Manager and as
such was an incredible asset to Tamarac. City Manager Cernech said he will forever respect
her integrity and ethics, appreciates her friendship for the last 16 years and will miss her very
much.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one
wishing to speak, 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. Vice Mayor Gomez seconded by Commissioner Placko moved approval of
the Consent Agenda as presented. Motion passed unanimously (3-0).
a. Approval of the November 8, 2017 Regular Commission Meeting Minutes - APPROVED
b. TR13035 - Authorize Approval of Colony West Hotel Source Removal Project: A
Resolution of the City Commission of the City of Tamarac, Florida, to approve proposal by
EnviroDesign Associates, Inc. ("EDA") for interim source removal of arsenic impacted soils at
Colony West Hotel Site, located at 6800 NW 88th Avenue in an amount not to exceed a
contract cost of $142,000.00, a contingency in the amount of $28,400.00 will be added for a
project total not to exceed $170,400.00; and to authorize the appropriate City Officials to
execute procurement and implementation of said proposal; providing for conflicts; providing
for severability; providing for an effective date.
RESOLUTION R-2017-130
c. TR13040 - Fire Station 36 Leasing Agreement Renewal: A Resolution of the City
Commission of the City of Tamarac, Florida to approve a leasing agreement renewal with
Advanced Modular Structures, Inc. for Fire Station 36 temporary quarters for a twenty-four
month leasing term at a total cost not to exceed $44,400 with an effective date upon
execution of the leasing agreement; while the construction of permanent Fire Station 36
building takes place; authorizing the appropriate City Officials to execute the leasing
agreement renewal for the temporary quarters for Fire rescue 36; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2017-131
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d. TR13023 - Ronald L. Book -Agreement Renewal Amendment #15- A Resolution of the City
Commission of the City of Tamarac, Florida approving Amendment #15, to the Agreement
between the City of Tamarac and Ronald L. Book, P.A. for Lobbying Services, extending the
Agreement for one year through January 25, 2019, at a cost not to exceed Fifty -Nine
Thousand Four Hundred ($59,400) Dollars per year; authorizing the appropriate City Officials
to execute the Amendment to the Agreement for Lobbying Services; providing for conflicts,
providing for severability and providing for an effective date.
RESOLUTION R-2017-132
e. TR13032 - Benefits Plan Renewal: A Resolution of the City Commission of the City of
Tamarac, Florida amending the Benefits Plan for members of the Commission, appointed
officials, Executive, Managerial/Professional and Administrative Non -bargaining employees
effective January 1, 2018; authorizing appropriate budget transfers; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2017-133
f. TR13037 - Accepting the 3rd Amendment to the School Board Amended and Restated
Interlocal Agreement: A Resolution of the City Commission of the City of Tamarac, Florida,
approving and authorizing execution of the Third Amended and Restated Interlocal
Agreement for Public School Facilities between the City of Tamarac, Broward County Public
Schools, and Broward County attached hereto as Exhibit "A"; providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION R-2017-134
g. TR13034 - Odyssey Academy: Special Exception Fee Refund: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing a refund of $3,062.50 to Caleb
Deliard, Representative of Odyssey Academy K-8 Center for a Special Exception application
and Traffic Consulting Services fees; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2017-135
h. TR13044 - Agreement Amendment #1 with Supersports of Broward County, Co., Inc.: A
Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to execute Agreement Amendment #1 between the City of Tamarac
and Supersports of Broward County, Company, Inc., exercising the first of three one year
options to renew the Agreement to provide for Sports Officiating Services at a cost of $59,357
for a one-year period effective December 14, 2017-December 13, 2018; authorizing the City
Manager to approve and execute all future renewal options; providing for conflicts; providing
for severability; and providing an effective date.
RESOLUTION R-2017-136
i. TR13042 - Tamarac Village Infrastructure Interlocal Funding Agreement (Broward County
Grant Agreement): A Resolution by the City Commission of the City of Tamarac, Florida
approving the Tamarac Village Infrastructure Interlocal Funding Agreement (Broward County
Grant Agreement) between the Tamarac Village Community Development District and the
City of Tamarac; authorizing the Mayor to execute the Funding Agreement; providing for
conflicts; providing for severability and providing for an effective date.
RESOLUTION R-2017-137
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j. TR13043 - Tamarac Village Infrastructure Interlocal Funding Agreement (Department of
Environmental Protection Grant Agreement): A Resolution by the City Commission of the City
Of Tamarac, Florida approving the Tamarac Village Infrastructure Interlocal Funding
Agreement (Department Of Environmental Protection Grant Agreement) between the
Tamarac Village Community Development District and the City Of Tamarac; authorizing the
Mayor to execute the Interlocal Funding Agreement; providing for conflicts; providing for
severability and providing for an effective date.
RESOLUTION R-2017-138
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
City Manager Cernech said the following two items are being continued to the April 11, 2018
meeting as Item 6 (f) on the Consent Agenda — TR13027 — Accepting the 3rd Amendment to
the School Board Amended and Restated Interlocal Agreement does not become effective
until at least 22 municipalities sign on to the Agreement. City Manager Cernech noted that
the Commission signed on TR13027 tonight, but we must now wait. City Attorney Goren said
the Commission will need to do a Motion to Continue each item separately and read TO2370
and TO2371 by title into the record.
a. TO2370 - Amendment to Zoning Code to Revise the LOS Standards for Public School
Facilities for Compliance with Public School Concurrency Requirements: An Ordinance of the
City Commission of the City of Tamarac, Florida, amending Chapter 10, of the City's Code of
Ordinances, entitled "Land Development Regulations" by amending Article VI, Section 10-333
entitled "Public School Concurrency" to revise the Level of Service standard for Public School
facilities in conformity with the Broward County Public Schools Third Amended and Restated
Interlocal Agreement for Public School Facility Planning and the City of Tamarac
Comprehensive Plan; providing for inclusion in the City of Tamarac Code of Ordinances;
providing for severability; providing for conflicts; and providing for an effective date. Vice
Mayor Gomez seconded by Commissioner Placko moved to continue TO2370 to the April 11,
2018 meeting. Motion passed unanimously (3-0).
CONTINUED TO THE APRIL 11, 2018 COMMISSION MEETING
b. TO2371 - Public School Concurrency Comprehensive Plan Text Amendment: An
Ordinance of the City Commission of the City of Tamarac, Florida, amending the Public
School Facilities Element attached hereto as Exhibit "A" and the Capital Improvements
Element attached hereto as Exhibit "B" of the City of Tamarac Comprehensive Plan in order
to meet the Public School Concurrency requirements of the Broward County Public Schools
Third Amended Interlocal Agreement for Public School Facility Planning; providing for
transmittal to the reviewing agencies and the State Land Planning Agency; providing for
severability; providing for conflicts; and providing for an effective date. Commissioner Placko
seconded by Vice Mayor Gomez moved to continue TO2371 to the April 11, 2018 meeting.
Motion passed unanimously (3-0).
CONTINUED TO THE APRIL 11, 2018 COMMISSION MEETING
9. PUBLIC HEARING(S):
a. TR13038 - CAPER FY16/17: A Resolution of the City Commission of the City of Tamarac,
Florida approving the Consolidated Annual Performance Evaluation Report (CAPER FY2016-
Page 6 of 8 COMMISSION MEETING December 13, 2017
2017) which is attached hereto as Exhibit "A" for the U.S. Department of Housing & Urban
Development (HUD)'s Community Development Block Grant (CDBG) Programs for HUD's
Fiscal Year 2016-2017; providing for conflicts; providing for severability; and providing for an
effective date. City Attorney Goren read TR13038 by title into the record. Mayor Dressler
opened the public hearing and with no one wishing to speak, closed the public hearing.
Commissioner Placko seconded by Vice Mayor Gomez moved approval of TR13038. Motion
passed unanimously (3-0).
RESOLUTION R-2017-139
10. ORDINANCE(S) - SECOND READING:
a. T02368 - Zoning Code Amendment to Permit Self -Storage: An Ordinance of the City
Commission of the City of Tamarac, Florida amending Chapter 24 of the City's Code of
Ordinances, entitled "Zoning" by amending Article III, Division 16 entitled "B-3, General
Business District" by specifically amending Section 24-369 entitled "Special Regulations",
amending Division 18 entitled "B-6, Business District" by creating Section 24-414 entitled
"Special Regulations" to provide for site development standards for self -storage facilities, and
amending Division 19 entitled "Business and Commercial Uses Master List" by specifically
amending Section 24-434 entitled "Permitted Uses Master List", to establish self -storage
facility as a permitted use subject to Special Exception approval by the City Commission in
the B-6, Business Zoning District, in conformity with the City of Tamarac Comprehensive
Plan; providing for codification; providing for conflicts; providing for severability; and providing
for an effective date. City Attorney Goren read T02368 by title into the record. Mayor
Dressler opened the public hearing and with no one wishing to speak closed the public
hearing. Vice Mayor Gomez seconded by Commissioner Placko moved approval of T02368
on second reading. Motion passed unanimously (3-0).
PASSED ON FIRST READING NOVEMBER 8, 2017
PASSED ON SECOND READING DECEMBER 13, 2017
ORDINANCE NO. 0-2017-13
b. T02369 - Amendment to Zoning Code to Permit Fast Casual Dining Restaurant Use /
MXD Zoning District: An Ordinance of the City Commission of the City of Tamarac, Florida
amending Chapter 24 of the City's Code of Ordinances, entitled "Zoning" by amending Article
III, Division 19 entitled "Business and Commercial Uses Master List "by specifically amending
Section 24-434 entitled "Permitted Uses Master List", to establish fast casual dining
restaurant with or without drive -through as a permitted use subject to Special Exception
approval by the City Commission in the MXD, Mixed Use Zoning District, in conformity with
the City of Tamarac Comprehensive Plan, providing for codification, providing for conflicts,
providing for severability; and providing for an effective date. City Attorney Goren read
T02369 by title into the record. Mayor Dressler opened the public hearing and with no one
wishing to speak closed the public hearing. Commissioner Placko seconded by Vice Mayor
Gomez moved approval of T02369 on second reading. Motion passed unanimously (3-0).
PASSED ON FIRST READING NOVEMBER 8, 2017
PASSED ON SECOND READING DECEMBER 13, 2017
ORDINANCE NO. 0-2017-14
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing(s) scheduled for
this meeting.
12. OTHER
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There being no further business to come before the Commission, Mayor Dressler
adjourned the meeting at 8.39 p.m.
-� Patricia Teufel, CIVIC
City Clerk
Page 8 of 8 COMMISSION MEETING December 13, 2017