HomeMy WebLinkAbout2017-01-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, JANUARY 25, 2017
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9:10 a.m. on Wednesday, January 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: Vice Mayor Placko led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. County Commissioner Michael Udine Introduction: Commissioner Udine said he just
wanted to stop by and say hello and introduced two staff members, Erin and Mark, to the
Commission. Commissioner Udine said he and his staff are available to the Commission
should the need arise.
b. Presentation of a check by the Mayor, City Commission and Employees of the City of
Tamarac, in the amount of $37,000 to the United Way of Broward County, representing the
City of Tamarac's 2016 Employee Campaign total. Accepting on behalf of the United Way,
President and CEO Kathleen Cannon and Senior Development Officer Celeste Abell.
(Requested by Financial Services Director Mark Mason and Parks & Recreation Director
Greg Warner).
c. Presentation of a proclamation by Mayor Harry Dressler supporting the Broward Cities
Literacy Partnership Proposal. (Requested by Commissioner Julie Fishman)
d. Presentation of a proclamation supporting the initiatives of the VITA Program and
proclaiming Tamarac a "Champion of VITA City". (Requested by Parks & Recreation Director
Greg Warner)
Mayor Dressler presented a Certificate of Achievement to Tamarac resident Josh Beutel in
appreciation for his civic involvement.
e. Presentation by Mayor Harry Dressler of Employee Service Awards:
5 - Year Awards: Michael Boyhan, Firefighter Paramedic, Fire Rescue; Godson Chery,
Firefighter Paramedic, Fire Rescue; Giovanni Esponda, Lieutenant Paramedic, Fire Rescue
Omar Jirau, Firefighter Paramedic, Fire Rescue; Sergio Puertas, Firefighter Paramedic, Fire
Rescue, Christopher Rodriguez-Jaile, Firefighter Paramedic, Fire Rescue; Stephanie
Rosario, Firefighter Paramedic, Fire Rescue; Evan Rosenbaum, Firefighter Paramedic, Fire
Page 1 of 1 COMMISSION MEETING January 25, 2017
Rescue; Alex Seaman, Firefighter Paramedic, Fire Rescue; Rae Velez, Firefighter
Paramedic, Fire Rescue
10 -Year Award: Linda Probert, Assistant Director, Parks & Recreation
15 - Year Awards: James Bledsoe, Firefighter Paramedic, Fire Rescue; Jonathan Frasher,
Captain Paramedic, Fire Rescue; Lascelles Anderson, Equipment Operator II, Public
Services
30 Year Award: Gary Jordan, Technical Support Rep II, Information Technology
Mayor Dressler recessed the meeting at 9:46 a.m. and reconvened the meeting at 9:54 a.m.
with all present as before.
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton said at the last meeting he mentioned that the
residents of Central Parc had a problem with mosquitoes and was pleased to report that he
was able to facilitate a resolution to the problem. Commissioner Bolton thanked staff for
putting together a well presented Strategic Planning retreat on Monday afternoon and
thanked the City Manager for making sure that all the ideas he had were heard.
b. Commissioner Gomez: Commissioner Gomez congratulated the Tamarac Chamber of
Commerce Board members that were recently installed. Commissioner Gomez attended the
following: Joint Water Advisory Board Meeting which covered a lot of material; the Chamber
of Commerce Arts and Craft Launch Party; the Meet the Artist Reception honoring the legacy
of Dr. Martin Luther King Jr. and featuring a two month exhibit by the Artist Sharon Thomas
Duca and the ADRC Installation Dinner. Commissioner Gomez thanked staff for their time
and effort in working with the Commission at the Strategic Planning workshop. There have
be a lot of things they have been working on in the past few years which are coming to
fruition. Commissioner Gomez wished Vice Mayor Placko and Commissioner Fishman a
Happy Birthday.
c. Commissioner Fishman: Commissioner Fishman said she echoed the sentiments
expressed by Commissioners Bolton and Gomez relative to the Strategic Planning workshop.
Commissioner Fishman talked about the presentation to United Way and the Broward Reads
Program. Commissioner Fishman said it is important to recognize that when we do
proclamations we are part of the solution to problems. Commissioner Fishman said when we
work with these agencies it is one of the most important things we do and encouraged people
to volunteer in their communities.
d. Vice Mayor Placko: Vice Mayor Placko wished Commissioner Fishman a Happy Birthday.
Vice Mayor Placko thanked staff for the Strategic Planning meeting they attended on Monday
and appreciates their efforts. Vice Mayor Placko said the Trump administration is looking at
$1 trillion dollars for infrastructure and as she is a member of the MPO Board this will become
a priority of hers to get some relief for the eastern side of Tamarac because of the traffic
congestion. The State is aware if the congestion; however, there is no specific plan yet and
she will work to get some relief from the congestion.
Commissioner Gomez said she serves on the National League of Cities Transportation
Infrastructure & Services Policy and Advocacy Steering Committee and she will do everything
she can on the Federal level to assist the MPO.
Page 2 of 2 COMMISSION MEETING January 25, 2017
e. Mayor Dressler: Mayor Dressler said he is happy to report that he recently had a meeting
with City Manager Cernech and State Senator Perry Thurston which focused on
infrastructure and funding for land acquisition. Mayor Dressler said the legislature needs to
know what Tamarac's needs are and noted that the relationship the Senator has with the
legislature is encouraging. Mayor Dressler said that the Commission members develop
relationships with all levels of government. Mayor Dressler thanked Senator Thurston for
coming and spending time with himself and City Manager Cernech. Mayor Dressler said that
he will be attending the upcoming National League of Cities meeting and is looking forward to
meeting with Senator Nelson again. Mayor Dressler talked about a past meeting he had with
Senator Nelson.
3. CITY ATTORNEY REPORT: City Attorney Goren said his office periodically provides the
Commission with legislative updates and he would like to update the Commission on a
couple of things. On Saturday he sent the Commission the Medical Marijuana Statute which
was filed by Senator Bradley which essentially is the statutory response to the Constitutional
Amendment that was passed in November. It is a very detailed bill which is why the City has
imposed a Zoning in Progress and a potential future moratorium which will give the staff here
the ability to look at the Statute, look at the issues and look at Health Department's Rule.
The bill is highly specific and technical and encouraged the Commission to review it. This is
Senate Bill 406.
City Attorney Goren said the other Bill that was on the list last week is the Bill regarding Local
Government Ethics Reform which he said he has discussed with Commissioner Fishman and
others on the dais. City Attorney Goren said it is a bill which has no chance of success or
has a great chance of success depending on who you talk to. What we do know about the
bill if it gets traction it is a serious bill that will affect local government. This bill will change
the filing with the Ethics Commission from a Form 1 to a Form 6, which the County
Commission, State Senate, State House and others file now. It is a far more invasive and far
more financially driven which this Commission is not accustomed to. The other aspects of the
bill is the Early Conflict portion — currently if you are an elected official and you have a conflict
under the Statute, Section 112.3142, you have to declare your conflict on the record and file
a Form 8 within 15 days of the vote. Theoretically you are allowed to actually discuss the
issue while sitting on the dais although not voting on the subject. That is not done here as it is
a matter of tradition. City Attorney Goren responded to comments from Mayor Dressler. This
bill also provides for other manners of lobbyist registration which will be required by State
Statute. If this bill has any traction it will have implications State wide.
City Attorney Goren said the City has been a defendant in a lawsuit filed Prestige Homes.
They sued Tamarac some time ago and the case is pending in the Circuit Court regarding a
plat dedicated and approved by the City which isolated a fire station site on one of the plats.
City Attorney Goren said he has yet to see the Order from the Judge, but yesterday the City's
outside special counsel Michael Burke appeared before Judge Rodriquez on a Motion for
Summary Judgment and the Judge ruled in favor of Tamarac. This basically says that the
developer that sued the City is not entitled to the property back, is not entitled to
compensation for that property. Now we have to deal with the issue of the property as it is
designated. City Attorney Goren said he will brief the Commission as the matter progresses.
City Attorney Goren responded to a few questions from Mayor Dressler. City Attorney Goren
wished Vice Mayor Placko and Commissioner Fishman a Happy Birthday.
Page 3 of 3 COMMISSION MEETING January 25, 2017
City Attorney Goren said the Woodmont Escrow Agreement is in process and we hope that it
will be done shortly. Mayor Dressler said the Woodmont application and the transmittal was
contingent upon the City Attorney's acceptance of the Escrow Agreement. City Attorney
Goren said he and City Manager Cernech and Community Development Director Calloway
are having a hand in the discussion and he is comfortable with what he has seen so far Vice
Mayor Placko asked if there is any problem with meeting the 30 day deadline and City
Attorney Goren said no. Vice Mayor Placko said she appreciates everyone's efforts into
getting this project moving forward and this is the closest we have come in eleven years. City
Attorney Goren noted that he received the document on Friday and his office reviewed it over
the weekend
Commissioner Gomez expressed her concern about the possibility of part time local
government officials having to file a Form 6. City Attorney Goren responded to Commissioner
Gomez's concern.
4. CITY MANAGER REPORT: City Manager Cernech thanked the Commission for the time
they took for two days of Strategic Planning and said it is a lot of information to get through.
City Manager Cernech said he also wanted to take the opportunity to thank Assistant City
Manager Phillips and Management Analyst I Laura Karpaviciute for all the hard work they did
as well as the Department Directors and their staffs in making the Strategic Planning a
success.
City Manager Cernech said BSO has announced it will be holding their Annual Operation
Medicine Cabinet & Shred-A-Thon on Saturday, February 18, 2017 from 10:00 a.m. to 1:00
p.m. at King Point, 7620 Nob Hill Rd. Bring unused, unwanted or expired medications for
safe disposal - $5 gift cards will be distributed while supplies last. Residents can bring a
maximum of 5 boxes per car for shredding.
Parks and Recreation would like to remind everyone that the pool at the Aquatic Center is
closed during the months of January and February and will re -open on March 1st. However;
the facility will be open for the swim team and regularly scheduled classes.
Upcoming Events: The "Groove on the Grass Concert in the Park" series featuring the, "Solid
Brass Band", which plays hits for the 60's,70's and 80's, will take place on Sunday, February
26th at Mainlands Park from 1:00 p.m. to 3:00 p.m. Since parking is limited there will be a
shuttle offered from the Mainlands 1 & 2 clubhouse. The Community Garage Sale will take
place on Saturday, February 11, 2017 from 7:30 a.m. to noon at Tamarac Park, 7501 N.
University Drive. Registration through January 27th is $20 per space; registration from
January 28th through February 8th is $35. There is a separate $30 clean up deposit fee which
will be returned if no cleanup of the space is required.
Past Event: Approximately 75 people attended the Meet the Artist Reception honoring the
legacy of Dr. Martin Luther King Jr. which also included performances by Ashanti Cultural
Arts. In honor of Dr. Martin Luther King Day and Black History Month, the City of Tamarac will
feature African -American Art with a two month Exhibit by Artist Thomas Duca at the
Community Center.
Page 4 of 4 COMMISSION MEETING January 25, 2017
City Manager Cernech said the City has been working with Dr. Cendan at Millennium Middle
School on the Millennium Academy proposal. The school was designated as a collegiate
academy through the school district and we participated in the boundary process that
unfortunately did not end well. The boundary proposal was tabled at last night's meeting
because of concerns that Board Members had about drawing 300 students away from high
schools within Millennium's school boundaries. City Manager Cernech said now the School
Superintendent will have to make final recommendations by Friday and in the meantime staff
will be providing information to the Commission so that you can call the School Board
members and encourage them to consider this project.
City Manager Cernech said with respect to the Woodmont Development Agreement we have
begun to receive some emails with concerns raised about the Woodmont Development
Agreement and asked the Commission to be positive with folks you receive emails from. We
are not in a position to make changes to that Agreement unless the Developer wants to ask
for some changes that are agreeable to the Commission.
City Manager Cernech said yesterday the Governor was in Ft. Lauderdale and announced
that he is proposing $600 million in tax cuts this year. Last year the Governor took $400
million out of the State budget and now he wants to take $600 million out of the budget this
year. That is $600 million in services that people in the State of Florida will not be the
receiving. While we understand the need for responsible financial controls and responsible
taxation it is important that we watch this and then at some point we will have to make our
feeling known to our representatives, including the Governor's Office once we have an
understanding of how that will impact Tamarac. That money is primarily focused on
Commercial property rents and staff will get some more information to the Commission as it
becomes available. City Manager Cernech said this will have a significant impact on the
entire State. City Manager Cernech responded to a few comments from Mayor Dressler.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individual spoke: Peter Mason, Executive Director of the Tamarac Chamber of Commerce,
11620 NW 2"d Dr., Coral Springs, thanked the Commission for attending the installation of the
new Chamber Board members and the Arts and Crafts Launch Party. He also thanked the
City for the partnership for the Business to Business Expo that will take place on February 3,
2017. With no one else wishing to speak, Mayor Dressler closed Public Participation.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech said there were no
changes/additions to the Consent Agenda. Commissioner Gomez seconded by Vice Mayor
Placko moved approval of the Consent Agenda as presented. Motion passed unanimously
(5-0).
a. Approval of the Revised Minutes of the December 14, 2016 Regular Commission Meeting
Minutes - APPROVED
b. Approval of the January 11, 2017 Regular Commission Meeting Minutes - APPROVED
c. TR12900 - Approving a Quit Claim Deed to convey the vacated portion of right-of-way on
the southwest corner of McNab Road and Hiatus Road: A Resolution of the City Commission
of the City of Tamarac, Florida, approving a Quit Claim Deed to convey the vacated portion of
Page 5 of 5 COMMISSION MEETING January 25, 2017
the right-of-way on the southwest corner of McNab Road and Hiatus Road with conditions;
authorizing the appropriate City Officials to do all things necessary to effectuate the terms of
this Resolution; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2017-06
d. TR12898 - FRDAP Grant Award: Waters Edge Park: A Resolution of the City Commission
of the City of Tamarac, Florida accepting a grant award in the amount of $50,000 from the
Florida Department of Environmental Protection; authorizing the appropriate city officials to
execute a project agreement between the Florida Department of Environmental Protection
and the City of Tamarac for grant funding in the amount of $50,000 for the development of
Waters Edge Park; providing for acceptance of the award and execution of documents;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2017-07
e. TR12903 - Supporting the Appointment of FLC President Susan Haynie to the Constitution
Revision Commission: A Resolution of the City Commission of the City of Tamarac, Florida,
urging the appointment of municipal officials to the 2017-2018 Constitutional Revision
Commission; supporting the protection of municipal home rule; supporting the positions of the
Florida League of Cities, Inc; supporting the appointment of Florida League of Cities
President, Boca Raton Mayor Susan Haynie; directing the City Clerk to transmit a copy of this
resolution to the Governor, the Florida House Speaker -Designate, Florida Senate President -
Designate, the Florida League of Cities and Broward League of Cities; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2017-08
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading
scheduled for this meeting.
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):
a. Temp. Board Order No. 11 - The Food Emporium: Sign Variance: The Applicant, Keith
Clayborne, The Food Emporium, designated agent for the property owner, Palmares, LLC
(the "Applicant") filed an application with the City of Tamarac ("City") Department of
Community Development for the following variance: Sign Variance from section 18-65(b)(2),
to permit the installation of four (4) fagade signs on the primary fagade (east elevation), -
where only one (1) fagade sign is permitted, as outlined in the City of Tamarac Code of
Ordinances. City Attorney Goren went over the rules for Quasi -Judicial proceedings and
added that the same rules will apply to Items 11 (b) an (c). City Attorney Goren read TBO No.
11 by title into the record. Commissioner Gomez seconded by Vice Mayor Placko moved
approval of TBO No. 11. City Clerk Teufel swore in all affected parties. Community
Development Director Calloway appeared and gave a presentation, a copy of which is on file
Page 6 of 6 COMMISSION MEETING January 25, 2017
in the City Clerk's Office. Community Development Director Calloway responded to a few
questions from the Commission. Mayor Dressler opened the Public Hearing and with no one
wishing to speak, closed the Public Hearing. City Attorney Goren suggested that the
applicant appear and formally agree to the Board Order. Keith Clayborne appeared on behalf
of the applicant and supported the Board Order. Motion passed unanimously (5-0).
BOARD ORDER 2017-01
Mayor Dressler said Items 11 (b) and (c) will be presented together but voted on separately.
City Attorney Goren read TBO No. 12 and TR12899 by titles into the record. City Clerk Teufel
swore in all affected parties.
b. Temp. Board Order No. 12 - 7/Eleven: Special Exception: The applicant, Bill Pfeffer, P.E,
of Bowman Consulting Group, designated agent for the property owner, Quantum XIV
Developments USA, Inc., (the "Applicant"), filed an application with the City of Tamarac
("City") Department of Community Development for the following Special Exception Use:
Special Exception Approval to allow for the use of a convenience store with gas sales for the
proposed 7-Eleven- #38035- Tamarac in a B-2 (Planned Community Business) Zoning
District pursuant to the Permitted Uses Master List, Section 24-434, Tamarac Code of
Ordinances. Vice Mayor Placko seconded by Commissioner Gomez moved approval of TBO
No. 12. Community Development Director Calloway appeared and gave a presentation, a
copy of which is on file in the City Clerk's Office, and ended by saying that staff and the
Planning Board recommend approval, with conditions, of the variance and site plan. Attorney
Heidi Davis appeared on behalf of the applicant. Ms. Davis introduced Todd Krajewski, 7
Eleven Market Manager and Bill Pfeffer, Vice President of Bowman Consulting Group to the
Commission. Ms. Davis gave a presentation, a copy of which is on file in the City Clerk's
Office. Mr. Pfeffer touched on the design elements of the project and walked the Commission
through the site plan. Ms. Davis went over the Special Exception requirements and talked
about 7 Eleven's Community Programs.
Mayor Dressler asked for any Commission disclosures: Commissioner Bolton said he met
with Ms. Knapik, Carlos Chayo and Roger Posey, Vice Mayor Placko met with Ms. Davis, and
Mr. Posey and had email contact the Mr. Chayo; Mayor Dressler said he met with Ms. Davis
and Mr. Posey; Commissioner Gomez did not meet with anyone but had an email from Mr.
Chayo which she had not read and Commissioner Fishman met with Ms. Davis and Mr.
Posey and spoke with Kelley Mallette from Ron Book's Office.
Mayor Dressler opened the floor for Commission discussion. Community Development
Director Calloway, Mr. Carl Peterson, Traffic Engineer for Tamarac, Ms. Davis, Mr. Krajewski
and City Attorney Goren responded to questions and concerns from the Commission.
Mayor Dressler opened the Public Hearing on TBO No. 12 and with no one wishing to speak,
closed the Public Hearing. Motion passed (4-0) with Commissioner Bolton dissenting.
BOARD ORDER 2017-02
c. TR12899 - 7/Eleven - New Development Site Plan: A Resolution of the City Commission of
the City of Tamarac, Florida, granting New Development Site Plan approval (with conditions)
for 7-Eleven- #38035-Tamarac, to allow for the proposed 2,565 square foot convenience
store and motor fuel facility with four (4) gasoline pumps containing eight (8) fueling positions,
for the subject property located on the northwest corner of West Commercial Boulevard and
Page 7 of 7 COMMISSION MEETING January 25, 2017
NW 31 st Avenue at 3101 West Commercial Boulevard (specifically Parcel A, Amoco at
Commercial Boulevard, according to the Plat thereof, recorded in Plat Book 92, Page 12, of
the public records of Broward County, Florida) (Case No. 21-SP-16); providing for conflicts;
providing for severability; and providing for an effective date. Commissioner Gomez
seconded by Commissioner Gomez seconded by Commissioner Fishman moved approval of
TR12899.
Mayor Dressler asked for any Commission disclosures: Commissioner Bolton said he met
with Ms. Davis, Carlos Chayo and Roger Posey; Vice Mayor Placko met with Ms. Davis, and
Mr. Posey and had email contact the Mr. Chayo; Mayor Dressler said he met with Ms. Davis
and Mr. Posey; Commissioner Gomez did not meet with anyone but had an email from Mr.
Chayo which she had not read and Commissioner Fishman met with Ms. Davis and Mr.
Posey and spoke with Kelley Mallette from Ron Book's Office.
Mayor Dressler said all documents and presentations have been entered into the record and
accepted as evidence.
Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the
Public Hearing.
Motion passed unanimously (5-0).
RESOLUTION R-2017-09
12. OTHER
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 11 A0 a.m.
5 RE, IF", I I=
- -
Patricia Teufel, C
City Clerk
Page 8 of 8 COMMISSION MEETING January 25, 2017
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