HomeMy WebLinkAbout2015-12-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, DECEMBER 9, 2015
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 7:03 p.m. on Wednesday, December 9, 2015, in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Diane Glasser, Commissioner Pamela
Bushnell, Commissioner Michelle J. Gomez and Commissioner Debra Placko 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: Commissioner Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a Proclamation by Mayor Harry Dressler Commending Broward Sheriffs
Deputy Richard Griffin for his Critical Actions in Saving a Life. (Requested by Fire Chief Mike
Burton)
b. Presentation of the National League of Cities Digital Survey Award by Mayor Harry
Dressler to Information Technology Director Levent Sucuoglu.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell noted that the last time the Commission
met was before Thanksgiving, and we have a lot to be thankful for. Commissioner Bushnell
attended the Turkey Trot, Holiday Lighting Ceremony and Ethics Task Force meeting.
Commissioner Bushnell said she also attended the Parks & Recreation Volunteer Luncheon
and was pleased to hear that city-wide 16,000 volunteer hours have been accumulated and
encouraged people to volunteer and get involved in their Community. Commissioner Bushnell
said she also attended the Employee Holiday Luncheon earlier today and it was a wonderful
event.
b. Commissioner Gomez: Commissioner Gomez said she has been very busy and has
attended the following events: Employee Holiday Luncheon; Affordable Medical Supply
Ribbon Cutting; Smart Growth Partnership meeting; Joint Water Advisory Board and Task
Force meeting; Mayor's Chess Challenge; Relay for Life 2016 Kickoff; Turkey Trot; Chamber
Breakfast and the Chamber Gala. Commissioner Gomez wished everyone a Happy
Hanukkah, Merry Christmas, Happy Kwanza and a Happy and Healthy New Year.
c. Vice Mayor Glasser: Vice Mayor Glasser attended the Westwood 4 Community meeting
where their main concern was when the walls would be constructed. Vice Mayor Glasser said
the next morning she received a call from City Manager Cernech who advised that he
received a call that staff was out at Westwood 4 measuring for the walls and people in
Westwood 4 thought she had something to do with that. Vice Mayor Glasser said in reality it
Page 1 of 7 COMMISSION MEETING DECEMBER 9, 2015
takes a long time for projects like this to come to fruition. Vice Mayor Glasser said she
attended the University Hospital Board of Trustee's Conference call meeting; Tamarac
Pharmacy Ribbon Cutting; and the Employee Holiday Luncheon. Vice Mayor Glasser said
she also attended the Chamber Holiday Dinner where Tamarac was presented with an award
for its continued support of the Chamber.
d. Commissioner Placko: Commissioner Placko wished City Manager Cernech a belated
Happy Birthday. Commissioner Placko said she attended the Turkey Trot and the Holiday
Lighting Ceremony. Commissioner Placko announced that there will be a BSO COPS training
class on Tuesday, December 15th at 6:00 p.m. at BSO and encouraged people to sign up and
attend. Commissioner Placko noted that after the Broward County Ethics Ordinance was
revised and passed she came home to find 20 bottles of water on her door step.
Commissioner Placko wished everyone a Happy Holiday and Healthy New Year.
e. Mayor Dressler: Mayor Dressler said he attended the Turkey Trot and the Holiday Lighting
Ceremony and both were well attended excellent events. Mayor Dressler noted that one of
the things he participates in is the U.S. Conference of Mayor's daily policy discussions. Those
resolutions either go to the White House or Senior Members of Congress and they were able
to get a Transportation Bill out of Washington D.C. which includes money for municipalities,
however, we do not know if any is earmarked for Tamarac yet.
Mayor Dressler said he attends webinars frequently which eliminates the need to travel. One
webinar he attended was hosted by the CDC and Homeland Security, among other
organizations, which dealt with "Threat Assessment". These organizations have extremely
detailed procedures and policies in place on how to evaluate threats. Mayor Dressler said
that in San Bernardino there was a neighbor of the terrorists that knew something was going
on but was afraid to say anything because she would be accused of racial profiling. If she had
said something the attack could possibly have been avoided. Mayor Dressler said if you see
something, say something and don't be afraid. Mayor Dressler asked staff to look at ways to
emphasize this message to the residents of Tamarac.
Mayor Dressler said he was impressed and thankful after the workshop on Monday regarding
the discussion on the Broward County Cannabis Ordinance. Mayor Dressler wished everyone
a Happy Hanukkah, Merry Christmas and Happy New Year. Mayor Dressler also wished City
Manager Cernech a belated Happy Birthday.
3. CITY ATTORNEY REPORT: City Attorney Goren said he regretted not being able to
attend the Employee Holiday Luncheon today as his law firm was being interviewed for the
Broward County Charter Commission's counsel position. City Attorney Goren added that he
was happy to say that his firm was hired as counsel for the upcoming term. City Attorney
Goren said the Employee Luncheon is one of the City's functions that he enjoys very much
and noted that Julie Klahr and Farah Nerette were present at the luncheon.
City Attorney Goren reminded the Commission that they just recently opened the door to
study the Broward County Cannabis Ordinance in greater detail. The County Commission
adopted the Ordinance which allows the County to decriminalize the possession of Cannabis
to a local ordinance violation. The Ordinance, as adopted, has county -wide application. City
Attorney Goren said if the Commission does nothing the county ordinance will apply in
Tamarac unless Tamarac does one of two things: it passes its own ordinance to reject the
Page 2 of 7 COMMISSION MEETING DECEMBER 9, 2015
county ordinance or Tamarac can pass an ordinance and adopt their own local ordinance.
City Attorney Goren said he knows the Commission wants further conversation with experts
and others. There is no specific time frame in which the City must choose. The Commission
will make a decision when it is ready. City Attorney Goren noted that the City of Wilton
Manors did adopt its own local ordinance which tracks the county ordinance but relegates the
processing of a citation as a code violation which goes before its Special Magistrate. City
Attorney Goren responded to questions and concerns from the Commission and clarified that
if Tamarac adopted the County's ordinance violators would be prosecuted under the
ordinance and heard by the County's Hearing Officer who handles the collection of fines. City
Attorney Goren reiterated that the Commission need not take any action on this issue tonight
in order to allow them to gain a better understanding of the county ordinance before they
make any decision.
City Attorney Goren said that there is a memo on the dais this evening regarding a Conflict
Waiver, a copy of which is attached hereto and incorporated herein. The memo references
the representation provided by Gary Resnick of the Gray Robinson law firm whose firm
represents Tamarac in various telecommunications matters. Another member of the law firm,
Stephen Tilbrook represents AD1 Group, LLC with respect to zoning and development
matters for a project in Tamarac. City Attorney Goren said there is a letter from Mr. Resnick
requesting the City's waiver of any potential conflict that may arise as of result of Mr.
Tilbrook's representation of AD1 Group LLC with respect to a zoning and development
matter. The City Attorney does not have the legal ability to waive the conflict and, hence, will
need a Motion and vote from the Commission to waive the potential conflict. Commissioner
Gomez seconded by Commissioner Bushnell moved to approve and waive the potential
conflict of interest and consents to the representation of Gray Robinson of AD1 Group LLC.
Motion passed unanimously (5-0).
City Attorney Goren said Commissioner Bushnell is a prominent member of the Ethics Task
Force of the Broward League of Cities (BLC) and has previously advised the Commission
that the BLC supported the base revisions to the Broward County Ethics Code which was
considered by the County Commission yesterday. City Attorney Goren said he attended the
meeting yesterday and his office will be providing the Commission with a copy of the final
ordinance once Drew Myers revises it. Yesterday there were additional amendments to the
ordinance requested by several Commissioners. The base modifications that were discussed
and supported by BLC, and this Commission, were adopted by the County Commission and
all are beneficial to the County and City Commissions because it helped to clarify certain
terms and conditions. There were some changes requested by Commissioners Wexler,
Holness and Ritter and only some of those were passed. City Attorney Goren went over
some of the items in the ordinance that passed. City Attorney Goren responded to a few
questions from the Commission. City Attorney Goren wished everyone a Happy and Healthy
New Year.
4. CITY MANAGER REPORT: City Manager Cernech wished everyone a Happy Hanukkah,
Happy Holiday and Happy New Year. City Manager Cernech said he wanted to thank the
Commission for their comments and support for the Employee Holiday Luncheon today that
was given by the Department Directors, Assistant City Manager Phillips and himself. City
Manager Cernech said the employees had a lot of fun and the event was the culmination of
the Employee's United Way Campaign Drive. This years' goal was to raise $30,000 and
going into the luncheon they had already raised $31,000. Another $5,000 was raised during
Page 3 of 7 COMMISSION MEETING DECEMBER 9, 2015
the course of the luncheon for a total of $36,000. City Manager Cernech said he is proud of
the employees and thanked Public Services Director Strain and Community Development
Director Calloway for co-chairing the United Way Committee.
City Manager Cernech said with regards to the attack in San Bernardino, the City has an
intern from FAU in Purchasing and that intern has a cousin that lives in San Bernardino
whose fiance was killed during the attack. City Manager Cernech asked everyone to keep all
the victims and their families in their prayers.
Upcoming Events: Rudolph's Winter Wonderland will take place on Friday, December 11th
from 6 to 8 p.m. at Tamarac Park; Paws with Claus Holiday Paw-ty has been rescheduled for
Saturday, December 19th from 9 to 11 a.m. at the Gary B Jones Park for People and Pups
located at 8101 Southgate Blvd.
Past Events: The Veteran's Day Ceremony had 350 in attendance; the Turkey Trot had 2,007
participants; the Holiday Lighting Ceremony had 400 in attendance and the Mayor's Chess
Challenge had 120 people in attendance.
City Manager Cernech said the Public Services Department is pleased to announce that Field
#4 at the Tamarac Sports Complex will have its turf replaced with artificial turf. The project is
scheduled to begin in March 2016 and completed in July 2016.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individual spoke: Mel Dubin, 7413 Fairfax Dr., talked about a recent visit to a mosque where
the Imam spoke about the Muslim's in his community being opposed to terrorism and
encouraged people to be vigilant and report anything suspicious. 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. Commissioner Bushnell seconded by Commissioner Gomez moved
approval of the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the November 10, 2015 Regular Commission Meeting Minutes — APPROVED.
b. TR12641 - Termination and Reassignment of MARC Unit Program: A Resolution of the
City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to
execute and approve the termination, reassignment and transfer of the Mutual Aid Radio
Cache (MARC) Unit Program Sub -Grant Agreement with the State of Florida, Department of
Financial Services, Division of Emergency Management; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2015-119
c. TR12666 - Renewal Agreement for Uniform Rental: A Resolution of the City Commission
of the City of Tamarac, Florida, authorizing the appropriate City officials to approve
expenditures for Uniform Rental and Cleaning Services in an amount not to exceed $65,000
annually from Cintas Corporation utilizing RFP #517-15 solicited and awarded by the City of
Riviera Beach as the lead agency for the Southeast Florida Governmental Purchasing
Cooperative Group, effective upon approval through August 4, 2020 or as extended by the
Page 4 of 7 COMMISSION MEETING DECEMBER 9, 2015
City of Riviera Beach on behalf of the Southeast Florida Governmental Purchasing
Cooperative; authorizing the proper City officials to execute Contract renewals providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2015-120
d. TR12720 - Relay for Life 2016: A Resolution of the City Commission of the City of
Tamarac, Florida, approving a request on behalf of the American Cancer Society for waiver
of fees and in -kind support for the Tamarac Relay for Life event benefitting the American
Cancer Society to be held at the Tamarac Sports Complex on Saturday, April 16, 20161
providing for permits, proper insurance and execution of hold harmless agreement; providing
for execution of a license agreement, providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2015-121
e. TR12721 - Village of Yardley Sidewalk Easement: A Resolution of the City Commission of
the City of Tamarac, Florida, authorizing the appropriate City Officials to execute a Sidewalk
Easement with Neighborhood Association, Inc. for the Village of Yardley, located at the NW
corner of NW 77th Street and NW 96th Avenue authorizing; directing the City Clerk to record
said document in the public records of Broward County; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2015-122
f. TR12723 - Parks and Recreation Generator Addition Project - BID NO. 16-01 B: A
Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 16-01 B
to and approving an Agreement with Bejar Construction Inc. per Bid No. 16-01 B for a contract
amount of $274,999.00 and a contingency in an amount of $27,500.00, will be added to the
project for a total project budget not to exceed $302,499.00; authorizing an expenditure in the
amount not to exceed $302,499.00 from the appropriate accounts; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2015-123
g. TR12733 - Awarding Bid No 16-02B for Sports Officiating Services: A Resolution of the
City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
award Bid No. 16-02B and execute an Agreement with Supersports of Broward County, Inc.,
for Sports Officiating Services, for a two-year contract commencing with City's Notice to
Proceed, for an amount not to exceed $59,357 per year, totaling an amount not to exceed
$118,714, for a two-year term; providing for conflicts, providing for severability; and providing
an effective date.
RESOLUTION R-2015-124
h. TR12710 - Applebee's Extended Hours Permit: A Resolution of the City Commission of the
City of Tamarac, Florida, granting approval of a Special Extended Hours Permit, requested
by Jerry Marcopoulos, representative of Applebee's Neighborhood Grill and Bar in the
Washington Mutual Plaza, located at 6005 North University Drive, to extend the hours of the
on -premises sale and consumption of alcoholic beverages on Sundays, beginning at 11:00
am in accordance with Section 3-5 of the City of Tamarac Code of Ordinances.
RESOLUTION R-2015-125
Page 5 of 7 COMMISSION MEETING DECEMBER 9, 2015
i. TR12734 - Central Parc South First Amendment to the Water and Sewer Developer's
Agreement: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing
the appropriate City Officials to accept and execute a First Amendment to the Water and
Sewer Developer's Agreement with SPL Holding, LLC., for the Central Parc South Project;
located at 4900 W. Commercial Blvd., requiring an additional 65 ERC's for water and an
additional 65 ERC's for sewer; requiring an additional payment of $110,500.00 for water and
$143,000.00 for sewer; requiring a total additional payment of $253,500.00 in CIAC fees;
authorizing and directing the City Clerk to record said agreement in the public records of
Broward County, providing for conflicts, providing for severability; and providing for an
effective date.
RESOLUTION R-2015-126
j. TR12735 - IAFF Collective Bargaining Agreement: A Resolution of the City Commission of
the City of Tamarac, Florida approving the agreement with the International Association of
Firefighters, Local 3080; authorizing the appropriate City officials to execute an agreement
with the International Association of Firefighters. Local 3080 for the period from October 1,
2015 through September 30, 2018; authorizing the execution of a mutual consent agreement
for the use of insurance premium tax revenues; authorizing the preparation of amendments to
Chapter 16 of the City Code for review by the Pension Board and approval by the City
Commission; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2015-127
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. T02334 - Amendment of the Police Pension Ordinance: An ordinance of the City
Commission of the City of Tamarac, Florida, amending Chapter 16, Pensions and
Retirement, Article VII, Police Officers —declaration of trust, Division 2, Section 16-585
Investments, amending the investment parameters to allow investment in commingled
investment vehicles and limited partnerships; providing for codification; providing for conflicts;
providing for severability; providing for an effective date. City Attorney Goren read T02334 by
title into the record. Commissioner Gomez seconded by Vice Mayor Glasser moved approval
of T02334 on first reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING DECEMBER 9, 2015
9. PUBLIC HEARING(S):
a. TR12722 - CAPER FY14/15: A Resolution of the City Commission of the City of Tamarac,
Florida authorizing the appropriate City officials to approve the Consolidated Annual
Performance Evaluation Report (CAPER FY 2014 - 2015) for the U.S. Department of
Housing & Urban Development (HUD)'s Community Development Block Grant (CDBG)
Programs for HUD's Fiscal Year 2014-2015; Case No. 9-MI-15; providing for conflicts;
providing for severability; and providing for an effective date. City Attorney Goren read
TR12722 by title into the record. Vice Mayor Glasser seconded by Commissioner Gomez
moved approval of TR12722. Mayor Dressler opened the public hearing and with no one
wishing to speak, closed the public hearing. Motion passed unanimously (5-0).
RESOLUTION R-2015-128
Page 6 of 7 COMMISSION MEETING DECEMBER 9, 2015
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1
1
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 to come before the City Commission, Mayor Dressler
adjourned the meeting at 8.38 p.m.
Page 7 of 7
1�& IV"" -
arty Dressler, Mayor
COMMISSION MEETING
DECEMBER 9, 2015
CITY OF TAMARAC
MEMORANDUM NO.2015-173
TO: Mayor Harry Dressler
Members of the City Commission
CC: Michael Cernech, City Manager
Diane Phillips, Assistant City Manager
Pat Teufel, City Clerk
FROM: Samuel S. Goren, City Attorney SS5F
Jacob G. Horowitz, Assistant City Attorneyfgf
DATE: November 17, 2015
RE: City of Tamarac ("City") / Gray Robinson Conflict Waiver
On November 10, 2015, pursuant to the Rules Regulating the Florida Bar, the City Attorney's
Office received a request for a conflict waiver from Gray Robinson. Gary Resnick, Esq., at Gray
Robinson, represents the City in various telecommunications matters. Mr. Resnick's law partner,
Stephen Tilbrook, has been retained to represent AD1 Group, LLC ("AD1") with respect to
certain real estate, zoning and development matters related to a limited service hotel at the
Colony West Golf Course properties. While such matters do not typically result in litigation, in
the event of any litigation related. to this matter, Gray Robinson has agreed to end their
representation of AD and not represent any party in the action.
A copy of Gray Robinson's conflict waiver request is attached for your review. All requests for
conflict waivers must be approved by the City Commission.
Please let us know if there is any additional information that we can provide.
100087117 1 19W7601851 )
GRAYIROBINSON
ATTORNEYS AT LAW
Gary 1. Resnick
Attorney At Law
954-761-8111
GAR Y. R ESNICK(It;GRAY-ROSIN SON.COM
November 10, 2015
VIA ELECTRONIC MAIL
Samuel S. Goren, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
s orelincityatty.com
RE: City of Tamarac, Waiver of Potential Conflict
Dear Sam:
401 EAST LAS OLAS BLVD.
SUITE 1000
BOCA RATON
POST OFFICE Box 2328 (33303.9999)
FORT LAUDERDALE
FORT LAUDERDALE, FI.oitim 33301
GAINESVILLE
TEL 9S4-761.811 1
JACKSONVILLE
FAX 954.761.8112
KEY WEST
LAK ELA VD
MELBOURNE
MIAMI
NAPLES
ORLANDO
TALLAHASSEE
TAMPA
We are writing to request the City's waiver of a potential conflict of interest, to the extent
required by the Rules of the Florida Bar. As you know, I and GrayRobinson. P.A. represent the City on
telecommunications matters. My partner, Stephen Tilbrook, who works with me in Fort Lauderdale, has
been asked to represent AD Group, LLC ("AD I") with respect to zoning and development matters for a
project located at the Colony West Golf Course in the City of 'Tamarac (the "Project"). Mr. Tilbrook's
representation would include representation on real estate, zoning and development matters for a
proposed limited service hotel and related development activities at the Colony West Golf Course
properties.
'These types of matters are typically non -adversarial and do not result in litigation. In the event of
litigation between AD] and the City, we will cease representation of AD] on this matter, and will not
represent any party is such case. 1Ve are respectfully requesting the City's waiver of any potential conflict
that may arise as a result of this representation of AD] with respect to this Project.
If you have any questions, please do not hesitate to contact me. Thank you for your assistance.
V truly yours,
Gary Res
ACKNOWLEDGMENT AND WAIVER
City of Tamarac hereby acknowledges and specifically waives the potential conflict of interest described
above, and consents to the representation by GrayRobins9nf,A, of AD1 as described above).
Date: S,/ills By:+�
Title: CITY P17 �%.. /t M16.
7A i 151£,l 0r1
cc: James Cherof, Goren, Cherof, Doody & Ezrol, P.A.
N 3847235 vl
www-.gray-robinson.com