HomeMy WebLinkAbout2017-06-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, JUNE 28, 2017
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9:01 a.m. on Wednesday, June 28, 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: Vice Mayor Placko led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Legislative Update - Representative Barrington Russell: Representative Russell introduced
his Legislative Assistant Patricia to the Commission. Representative Russell thanked the
Commission for allowing him to address the Commission this morning and noted that it was a
privilege to represent District 95. Representative Russell thanked the residents for giving him
the opportunity to serve in Tallahassee. Representative Russell said after the regular
session ended this year they went back on May 7th for a special session to deal with, among
other thinq�s, the budget. Representative Russell reported the school tax break will take place
August 4t through August 6th this summer. Representative Russell provided updates on
Amendments 4; HB 7105, HB 687, HB 188, HB 70 and HB 457. Representative Russell said
some bills that did not pass this year will most likely be brought up again next year.
Representative Russell stated that he will continue to be an advocate and fight for home rule.
Lastly, Representative Russell thanked the Commission for working with Lauderdale Lakes
on the Atlantic Project.
b. Presentation of a Plaque to the Mayor and Commission by Randy Hibshman,
Representing Challenger Baseball. Mr. Hibshman also presented a slide show of pictures of
various members of the Challenger Baseball teams.
c. Presentation of a proclamation by Mayor Harry Dressler honoring the Tamarac Public Art
Committee (Requested by Vice Mayor Debra Placko)
d. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of July as
"Parks and Recreation Month". (Requested by Parks & Recreation Director Greg Warner)
e. Presentation by Mayor Harry Dressler of the June Employee Service Awards:
5 - Year Awards: Monica Barros, Customer Service Representative ll, Financial Services;
Anjanette Rodriguez, Permit Services Supervisor, Building; Tommy Demopoulos, Inspector
_. Plans Examiner EMT, Fire Rescue; Evurtius Bobb, Fleet Mechanic III, Public Services
15 - Year Award: Melissa Petron, Special Events Coordinator, Parks & Recreation
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2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton reported that he has completed the Institute
of Civic Leadership. Commissioner Bolton noted that he is on the Florida League of Cities
Urban Administration Committee and the National League of Cities Public Safety & Crime
Prevention Committee. Commissioner Bolton said he attended the Lakes of Carriage Hills
Hurricane Preparedness Meeting and the Father's Day Fishing Event. Commissioner Bolton
wished Human Resources Director Maria Swanson a happy retirement.
b. Commissioner Gomez: Commissioner Gomez reported that she attended the Florida
League of Cities Transportation Intergovernmental Policy Committee meeting where they
discussed various legislation that is going before the legislators in Tallahassee and how they
affect home rule. Commissioner Gomez said we need to let our legislators know that we do
not support them taking away our home rule. Commissioner Gomez said she also attended
the National League of Cities Summer Board and Leadership Meeting where they also
discussed many of the same issues as well as transportation infrastructure, budgetary
matters and Tiger Grants. Commissioner Gomez went over the specifics of Tiger Grants and
talked about touring Cleveland. Commissioner Gomez thanked Human Resources Director
Swanson for her service to Tamarac and wished her the best in her retirement.
c. Commissioner Fishman: Commissioner Fishman said she attended the Florida League of
Cities Energy, Environment & Natural Resources Committee meeting where the topic of
discussion was erosion of home rule by the legislators. Commissioner Fishman said she also
attended the National League of Cities Energy, Environment & Natural Resources Committee
meeting where they discussed the Reauthorization of the National Flood Insurance Program;
the Farm Bill and the program cuts that have been proposed. Commissioner Gomez noted
that she sits on a National League of Cities committee with the creator of the Farm Bill.
d. Vice Mayor Placko: Vice Mayor Placko said she attended the Board meeting at University
Hospital and noted that she has come to realize how different University Hospital has
become. HCA has set high standards which they monitor constantly and they are investing
money in the Community. Vice Mayor Placko talked about the Consult a Nurse program that
they have and if you are interested you can contact them at 866-442-2362. Vice Mayor
Placko said she also attended the MPO Board meeting where she learned that bus ridership
is down. Vice Mayor Placko said the MPO is looking at new ways to do something about
traffic such as fly-overs to divert traffic. Vice Mayor Placko said she attended the Forsythe 16
HOA meeting and an individual spoke about the significant rain event we have a few weeks
ago and thanked BSO for the outstanding job they did.
e. Mayor Dressler: Mayor Dressler noted that he attended various HOA meetings over the
last few weeks. Mayor Dressler said he has been appointed First Vice President of the
Broward League of Cities and when the current President Dan Daley completes his term he
will be appointed President. Mayor Dressier said he attended a meeting with Lauderdale
Lakes Mayor Hazelle Rogers and people from several other organizations to discuss the 31st
Avenue Collaborative. 31st Avenue is an Avenue that runs through several cities and Mayor
Dressler, Mayor Rogers and Mayor Kaplan took a tour of 31st Avenue. Mayor Dressler said
he served on the MPO for eight years and understands the problems and limited funding for
transportation issues. Mayor Dressler noted that it is important for people to understand that
Page 2 of 7 COMMISSION MEETING June 28, 2017
Tamarac works together with other cities and talked about working with Lauderdale Lakes on
the Atlantic Project.
3. CITY ATTORNEY REPORT: City Attorney Goren said he spent yesterday in Tallahassee
and knows that Commissioner Fishman spent a lot of time in Tallahassee and there is a
gentile way of dealing with elected officials there. City Attorney Goren said the officials he
met with were very responsive. City Attorney Goren noted that the Advanced Wireless
Infrastructure Deployment Act is being looked at by Community Development Director
Calloway staff and City Administration as it favors Communication Companies which gives
them access to public right-of-ways. This requires attention and his office will report back to
the Commission as it progresses. City Attorney Goren said several cities have moratoriums
pending and this bill has long term implications for cities.
City Attorney Goren said Representative Holley Raschein made a presentation to the
Regional Planning Council addressing Home Rule and HB 17. Representative Raschein said
some of HB 17 will be coming back again as the author did not get what he wanted. City
Attorney Goren said we need to be sensitive to the fact that State officials have an interest in
what we do in Tamarac. City Attorney Goren said Governor Scott has signed the Medical
Marijuana Bill and advised that Community Development Director Calloway and staff are
looking over the implications.
City Attorney Goren advised the Commission that he and Shelly are flying to Montreal
tomorrow for a cruise for their 45th Wedding Anniversary.
-- Mayor Dressler spoke about Tallahassee wanting to remove home rule and democracy at the
local level. Mayor Dressler said if someone in Tallahassee wants to be able to remove an
elected official because he does not agree with them on an issue, he is adamantly against it.
Mayor Dressler talked about democracy in the USA and the lack of democracy in other
countries.
4. CITY MANAGER REPORT: City Manager Cernech said he is leaving for Cleveland to
spend the 4th of July with some friends and therefore will not be at Tamarac's 4th of July
Celebration. City Manager Cernech said tomorrow we have a Budget Workshop where staff
will be presenting the proposed budget and reminded the Commission to think about things
they want to talk about. City Manager Cernech said we will also be talking about priorities for
the future.
City Manager Cernech reported that the Neighborhood Partnership Beautification Program
application closed on May 19th. The Community Development Department received six
proposals citywide. Three selections were made of which one was selected on a conditional
basis pending a variance application. One of selected proposals is located in District 1 and
the other two are located in District 4.
City Manager Cernech congratulated Captain David Greenstein who was awarded
Paramedic of the Year at North Broward Medical Center and Broward General Hospital
during EMS week on May 22"d. City Manager Cernech also congratulated Van Schoen,
Community Education Preparedness Specialist, who received the "Ed Murry Public Educator
of the Year" award at a Conference, held at the Bonaventure Resort on June 8th. City
Manager Cernech noted that Van previously received this award in 2009.
Page 3 of 7 COMMISSION MEETING June 28, 2017
City Manager Cernech invited everyone to celebrate the 4th of July with a free concert
featuring the band "Heatwave". The event begins at 6:00 p.m. at the Sports Complex. There
will also be an entertainment area with rides, arts & crafts, children's games and food trucks.
The Fireworks will begin promptly at 9:00 p.m. City Manager Cernech said as on -site parking
is limited there will be shuttles from Tamarac City Hall and the Community Center to the
Sports Complex.
CitX Manager Cernech said the Public Services Department advised that starting July 5th NW
50t Street at Rock Island Road will be closed temporarily while a new right turn lane is built
to improve traffic flow onto Rock Island Road. The closure is expected to last two weeks and
during this time residents can enter and exit Mainlands 6 at North Sabal Palm Blvd. and
Commercial Blvd.
City Manager Cernech said he wants the Commission to be aware of an article that appeared
in the Sun Sentinel relative to a regional approach to homelessness. Ft. Lauderdale has been
trashed nationally for their poor treatment of the homeless. Apparently Ft. Lauderdale will
have police scoop up the homeless and deposit them in Tamarac and Oakland Park. City
Manager Cernech said Tamarac and Oakland Park should have been involved in coming up
with solutions. This concept has failed in the past and this is not the regional solution people
are looking for. City Manager Cernech said he does not know why Tamarac was not notified
and asked for input. This approach may benefit Ft. Lauderdale but it does not benefit
Tamarac or Oakland Park. The decision has been made to dump homeless people in
Tamarac and if we protest that decision we look uncompassionate. To find out about this by
reading it in the paper is absurd. City Manager Cernech said he talked to the City Manager of
Oakland Park and they are having meetings to try to come up with some way of solving this
problem. City Manager Cernech said that the hotels are going to split the hotel and segregate
the homeless population from the rest of the residents. There was no consideration given to
anyone else in this decision and now we don't get a voice in this because if we protest it will
look like Tamarac is not compassionate. City Manager Cernech said Tamarac's staff is
working with staff in Oakland Park and both cities will be meeting with elected officials once
we have a plan. City Manager Cernech said this issue will not go away.
Mayor Dressler said no one contacted him either and added that this threatens our home
rule. Mayor Dressler asked if we could file an injunction pending a hearing. City Attorney
Goren said his office is conducting meetings relative to legal options that can be taken. City
Attorney Goren said DJ Doody is the City Attorney for Oakland Park and they are looking at
some form of communication to Ft. Lauderdale that they are pursuing some legal action. City
Attorney Goren said that he cannot say at this point if we can sue Ft. Lauderdale. City
Attorney Goren talked about the process under Chapter 164 for one government to sue
another. City Attorney Goren said at this point we don't have all the facts to give the
Commission an answer; but once we do, we will advise the Mayor and Commission.
Mayor Dressler said you have to be very careful where you place a homeless single mother
with children as these hotels are not suitable for families. Mayor Dressler talked about his
experience with homeless individuals. There was a discussion on the history of Ft.
Lauderdale's handling of the homeless in that city. Mayor Dressler said the history of this
type of hotel stay solution does not work and is unsuccessful. Mayor Dressler wanted it to be
clear that this is not an issue of "Not In My Backyard" but that this could be dangerous for
Page 4 of 7 COMMISSION MEETING June 28, 2017
people. Mayor Dressler said he wants to let Ft. Lauderdale know we are looking into legal
options for this situation.
City Attorney Goren said conjunctive relief is a serious tool and not easily granted and then
explained the qualification for such relief. City Attorney Goren reiterated that there is not
enough information at this point. City Attorney Goren said Oakland Park is equally concerned
about this matter. Mayor Dressler said he wants to know different ways to legally address this
situation. Mayor Dressler said the Sun Sentinel should have called Tamarac for a quote.
Mayor Dressler asked BSO Captain Neal Glassman for a report on the hotel in Tamarac that
will be used. Captain Glassman said he did not read the article but has talked with his
counterpart in Oakland Park. Captain Glassman said there will definitely be increased calls
for service regarding disturbances at that hotel.
Mayor Dressler said the key objective is the safety of the people being placed in this hotel.
Mayor Dressler asked City Attorney Goren to check our code relative to occupancy levels.
Mayor Dressler said City Manager Cernech has the full support of the Commission and
directed City Manager Cernech to move forward to address this situation. City Manager
Cernech said there are a lot of hotel rooms in Ft. Lauderdale and does not understand how
they chose hotels in Tamarac and Oakland Park. Commissioner Gomez expressed her
concern about people panhandling in the street. Vice Mayor Placko expressed her concern
about women with children being in danger and said there are other agencies that can assist.
Commissioner Gomez said she is attending an affordable housing meeting this evening and
will check to see if they can assist in this situation.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Ronald Barrish, 7555 NW 991h Ave., spoke about human trafficking. Joel
Davidson, 4608 Norfolk Island Pine Dr., talked about the Kiwanis Club partnering with the
Metro Diner and on July 15th, between 4:00 p.m. and 7:30 p.m., there will be a soft opening
and they will be providing people with a complimentary meal. You can call 754-444-6605 to
make a reservation and they will be accepting token contributions for the Kiwanis Club. 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. Vice Mayor Placko seconded by Commissioner Gomez moved approval of
the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the June 14, 2017 Regular Commission Meeting Minutes - APPROVED
b. TR12971 - Superion OneSolution Agreement: A Resolution of the City Commission of the
City of Tamarac, Florida, approving a Software License and Services Agreement with
Superion, LLC as a sole source provider for the replacement of the City's existing legacy
municipal applications to next generation OneSolution system for a contract amount of
$1,854,298 including the first year annual maintenance cost of $130,506 and contingency in
the amount of $45,967 for a total project cost of $1,900,265; authorizing appropriate City
Officials to execute a Software License and Services Agreement with Superion, LLC;
authorizing an expenditure from the appropriate accounts; authorizing an appropriation of
$1,123,723; authorizing the appropriate City Officials to approve renewal options; providing
for conflicts; providing for severability; and providing for an effective date.
Page 5 of 7 COMMISSION MEETING June 28, 2017
RESOLUTION R-2017-69
c. TR12973 - Community Aesthetic Feature Agreement with FDOT: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the University Drive Pedestrian
Overpass Bridge Public Art project and affirming the City's intent to fund all costs for the
design, installation and maintenance of the project; authorizing the City Manager to execute
the Community Aesthetic Feature Agreement in substantially the same form as attached
hereto as Exhibit "1" with the State of Florida Department of Transportation (FDOT) for the
Public Art Relief to be attached to the FDOT University Drive Pedestrian Overpass Bridge;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2017-70
d. TR12970 - Capital Improvement Refunding Revenue Note, Series 2017 (Taxable): A
Resolution of the City Commission of the City of Tamarac, Florida authorizing the issuance of
its Capital Improvement Refunding Revenue Note, Series 2017 (Taxable), in the principal
amount of not to exceed $17,000,000 at any one time, to refinance all of the outstanding City
of Tamarac, Florida Replacement Capital Improvement Revenue Note, Series 2013
(Taxable); making certain findings of paramount public purpose; providing that the Series
2017 Note shall be a limited obligation of the City payable from legally available non -ad
valorem revenues budgeted, appropriated and deposited as provided herein; providing for the
rights, securities and remedies for the owner of the Series 2017 Note; making certain
covenants and agreements in connection therewith; and providing for severability and an
effective date.
RESOLUTION R-2017-71
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting:
8. ORDINANCE(S) - FIRST READING:
a. TO2361- Ordinance Repealing Pit Bull Registration Requirements: An Ordinance of the
City Commission of the City of Tamarac, Florida, repealing Ordinance No. 0-85-40, adopted
on September 11, 1985, in its entirety: repealing Article II, Chapter 4 of the City of Tamarac
Code of Ordinances, entitled "Pit Bull Dogs", specifically repealing Sections 4-26 through 4-
33 in its entirety; providing for conflicts, providing for severability; providing for an effective
date. City Attorney Goren read TO2361 by title into the record. Commissioner Bolton
seconded by Commissioner Gomez moved approval of TO2361 on first reading. Motion
passed (4-1) with Commissioner Bolton dissenting.
PASSED ON FIRST READING JUNE 28, 2017
9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting.
10. ORDINANCE(S) - SECOND READING:
a. TO2359 - Towing Service: An Ordinance of the City Commission of the City of Tamarac,
Florida, authorizing the appropriate city officials to execute agreement Amendment # 1
pursuant to Section 7.19 of the City of Tamarac Charter; renewing a franchise agreement
with Westway Towing, Inc., providing for towing services for the City of Tamarac for the
period beginning August 1, 2017 through July 31, 2022; providing for conflicts; providing for
severability; and providing for an effective date. Commissioner Gomez seconded by
Commissioner Bolton moved approval of TO2359 on second reading. City Attorney Goren
Page 6 of 7 COMMISSION MEETING June 28, 2017
read TO2359 by title into the record. Mayor Dressler opened the Public Hearing and the
_ following individual spoke: Ronald B. Barrish, 7555 NW 99th Ave., said he supports the
ordinance. With no one else wishing to speak, Mayor Dressler closed the Public Hearing.
Motion passed unanimously (5-0).
PASSED ON FIRST READING JUNE 14, 2017
PASSED ON SECOND READING JUNE 28, 2017
ORDINANCE NO. 0-2017-06
11. QUASI-JUDICIAL HEARING(S):
a. TBO#16: Publix at Sunshine Plaza - Sign Variance: Dunay, Miskel & Backman LLP
designated agent for the property owner, Sunshine MZL, LLC, is requesting approval for a
sign variance petition to seek relief from Section 18-65 (a) (1), Tamarac Code of Ordinances,
to allow an additional monument sign where one (1) monument sign is allowed by code and
currently exists along West Commercial Boulevard. City Attorney Goren went over the Quasi -
Judicial procedures. City Attorney Goren Read TBO#16 by title into the record. Mayor
Dressler asked if there were any exparte disclosures from the Commission and all said no.
Clerk Teufel swore in all affected parties. Community Development Director Calloway
appeared and gave a presentation, a copy of which is on file in the City Clerk's Office, and
said staff recommends approval of the Sign Variance. Attorney Heather Allan appeared on
behalf of the applicant and gave a brief presentation. Mayor Dressler opened the Public
Hearing and with no one wishing to speak closed the Public Hearing. Community
Development Director Calloway and Ms. Allan responded to questions and concerns from the
Commission. City Clerk Teufel swore in the property manager of Sunshine Plaza who further
explained that the sign was designed to be uniform with other signs in the plaza. Community
Development Director Calloway said this sign must be consistent with the signs that the
Commission already approved on May 24, 2017. Vice Mayor Placko seconded by
Commissioner Gomez moved approval of TBO#16. Motion passed unanimously (5-0).
BOARD ORDER BO-2017-06
12. OTHER:
There being no further business to come before the ty Commission, Mayor D sler
adjourned the meeting at 11:45 a.m.
H r ressler, Mayor
1 Patricia Teufel, CMC
City Clerk
Page 7 of 7 COMMISSION MEETING June 28, 2017