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Home My WebLink About2016-03-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, MARCH 9, 2016 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 7:07 p.m. on Wednesday, March 9, 2016, in City Commission Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Diane Glasser, Commissioner Michelle J. Gomez were in attendance. ABSENT: Commissioner Pamela Bushnell and Commissioner Debra Placko. Also in attendance were: City Manager Michael C. Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Mayor Dressler led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation to the Mayor and Commission of the 2016 State Surgeon General Healthy Weight Community Champion Award by Candy Sims, Public Information Officer, Florida Department of Health - Broward County. (Requested by Parks & Recreation Director Greg Warner) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Absent. b. Commissioner Gomez: Commissioner Gomez noted that the City has recently received a grant for another section of our bikeway. Commissioner Gomez said she attended the following events: Broward League of Cities meeting; the retirement party for BSO Deputy Richie Corraro; the BSO Shred-A-Thon; the District 2 Neighborhood meeting and the Tamarac Chamber of Commerce Breakfast. Commissioner Gomez invited people to attend the Arts & Craft Festival on April 2"d and 3rd c. Vice Mayor Glasser: Vice Mayor Glasser said she attended the Concert in the Park at Mainlands Park, the BSO Shred-A-Thon and the District 2 Neighborhood meeting. d. Commissioner Placko: Absent. e. Mayor Dressler: Mayor Dressler said he attended the Broward League of Cities Board of Directors meeting where the main topic discussed was the Zika virus. Mayor Dressler said 80% of the people who contract the virus don't exhibit any symptoms but are contagious. Mayor Dressler noted that it is extremely dangerous for women and encouraged people to get out and use a pesticide with DEET and spray the area around their homes. 3. CITY ATTORNEY REPORT: 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 Page 1 of 4 COMMISSION MEETING March 9, 2016 herein. The memo references the representation provided by Gary Resnick of the Gray Robinson law firm whose firm represents Tamarac in various telecommunications matters. CVS Pharmacy has asked Mr. Resnick to represent CVS in a code enforcement case involving the property located at 6900 N. University Dr. 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 Vice Mayor Glasser moved to approve and waive the potential conflict of interest and consents to the representation of Gary Resnick of CVS. Motion passed unanimously (3-0). City Attorney Goren said his office sent out what is probably the last report of the legislative session. There are three bills that require attention. House Bill 307 which references the medical use of cannabis passed the House and Senate and is on the Governor's desk. This is the extension of last years bill, Charlotte's Web, which allowed for the minimal use of THC; however, the THC in this particular situation is different in that the bill relates to increased amounts of THC for people that may have terminal illnesses. City Attorney Goren read the relevant portions of the bill into the record. The proposed statute contemplates local government regulation regarding the location of dispensaries for this type and kind of marijuana use. City Attorney Goren said his partner Kerry Ezrol is working on an Ordinance for Wilton Manors relative to a moratorium. City Attorney Goren asked the Commission to adopt a motion to request city administration to open the door for a zoning in progress to allow the professional staff to study this bill in the event the Governor signs it and it becomes law. Vice Mayor Glasser seconded by Commissioner Gomez moved to approve a zoning in progress. Motion passed unanimously (3-0). City Attorney Goren gave an update on Senate Bill 1220 relative to Public Records and House Bill 7059 relative to Municipal Elections. City Attorney Goren said he would keep the Commission updated on these three bills. 4. CITY MANAGER REPORT: City Manager Cernech reported that the Building Department has given approval to Asiatech Construction to start work at the new commercial project known as Mural Plaza, located at 6500 N. University Drive. City Manager Cernech said the City recently revised election districts in accordance with the City Charter and the Supervisor of Elections has advised that the U.S. Congressional and State Senate Districts will be updated in early May and Tamarac's new district boundaries will be included at that time. The Supervisor of Elections will then issue new voter ID cards to all affected residents in time for the November 2016 election. City Manager Cernech reported that as of February 2016 staff has switched the City's three main telecommunications lines from AT&T to Level 3. This will provide Tamarac with key management features that were not available before, such as the new system will provide automatic failover between lines. If any of the three lines are disabled the traffic will route over to the other two lines, allowing continuous connectivity. City Manager Cernech said registration packets for the Tamarac Summer Program are now available. Mail in registration for residents began March 7th. Mail in registration for non- residents begins March 14th. The Summer Camp is for ages 5 to 14 years old and includes eight weeks of supervised activities. Registration packets can be picked up at the Recreation Center and Community Center. All campers will be at the Tamarac Park site. Page 2 of 4 COMMISSION MEETING March 9, 2016 Upcoming Events: The Bike Safety Rodeo will take place on Saturday, March 12th from 10.00 a.m. to noon at the Community Center; the Springfest, for children 10 years of age and younger, will take place on Saturday, March 19th from 10.00 a.m. to noon at the Tamarac Sports Complex. City Manager Cernech reported that the March 11th Concert in the Park was attended by approximately 300 people. Commissioner Gomez announced that the District 1 Neighborhood meeting will take place at the Mainlands 1 & 2 Clubhouse on March 16th at 6.30 p.m. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one wishing to speak, 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 Glasser moved approval of the Consent Agenda as presented. Motion passed unanimously (3-0). a. Approval of the February 24, 2016 Regular Commission Meeting Minutes - APPROVED b. TR12755 - Stormwater System Cleaning and Maintenance Services: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an Agreement with DP Development of the Treasure Coast, for Stormwater System Cleaning and Maintenance Services utilizing the Broward County Board of Commissioners Contract No. C1347414131, General Roadway and Miscellaneous Construction in an amount not to exceed $110,000 from the appropriate accounts; effective upon approval through December 7, 2016 or as extended by the Broward County Board of County Commissioners; authorizing the proper City Officials to execute contract renewals; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2016-24 c. TR12758 - Appointment of an Audit Committee: A Resolution of the City Commission of the City of Tamarac, Florida appointing members to an audit committee utilizing the positions or designees that comprise the selection advisory committee as identified in section 6- 146(b)(1), Tamarac Code of Ordinances for the purpose of assisting the City Commission in selecting a qualified auditor to conduct the annual financial audit pursuant to Section 218.391, Florida Statutes; providing for the sunset of this audit committee upon the award of contract for audit services; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2016-25 d. TR12759 - Administrative Order: Zoning in Progress - Hospitals & Medical Clinics Public/Private or Similar Uses: A Resolution of the City Commission of the City of Tamarac, Florida, confirming and ratifying the City Manager's Administrative Order dated February 23, 2016 declaring Zoning in Progress and prohibiting the issuance of permits and the processing of applications related to health care uses to include hospital, public or private, medical clinic or uses similar to a hospital or medical clinic in the City of Tamarac, attached hereto as Page 3 of 4 COMMISSION MEETING March 9, 2016 Exhibit "A" and incorporated herein, in accordance with Chapter 24, Article II, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances; authorizing and directing the City Manager to undertake a study and review of the City's regulations relating to health care uses to include hospital, public or private, and medical clinic and uses similar to hospital and medical clinic; providing that upon the adoption of this Resolution confirming the Administrative Order, no permits or applications shall be issued or processed for hospitals or medical clinics or uses similar to a hospital or medical clinic during the time period covered by this Resolution; providing for conflicts, providing for severability; and providing for an effective date. RESOLUTION R-2016-26 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): There were no Quasi -Judicial Hearing(s) items scheduled for this meeting. 12. OTHER: There being no further business to come before the City Commission, Mayor Dressler adjourned the meeting at 7.50 p.m. I �A_Jal_ Harry ressler, Mayor ,O `',City Clerk - Page 4 of 4 COMMISSION MEETING March 9, 2016 1 1 CITY OF TAMARAC MEMORANDUM NO.2016-028 - 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 ssS ! Jacob G. Horowitz, Assistant City Attorney PP DATE: March 4, 2016 RE: City of Tamarac ("City") / Gray Robinson Conflict Waiver On February 29, 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. CVS Pharmacy ("CVS") has asked Mr. Resnick to represent CVS in a code enforcement case involving the property located at 6900 N. University Drive. 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 CVS 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. (00087717.1 1956-7601851 ) GRAY ROB11 _)N i1--Ir111NI 1ti i I 1 .ill' Gary 1. Resnick Attorney At Law 954-761-8111 GARY. RESN ICKnaGRAY-ROBINSON. COM February 29, 2016 VIA ELECTRONIC MAIL Samuel S. Goren, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Ft. Lauderdale, FL 33308 sgoren0yeitvattv.com RE: City of Tamarac, Waiver of Potential Conflict Dear Sam: Boc,t R,imv 401 EAST [.AS OLAS BLVD. FORT L 411701DA1.4' SUITE 1000 POST OFF1cL Box 2328 (33303-9998) /'i»rr,llntes FORT 1.AUDERDALE. FLORIDA 33301 TEA. 954-761-8111 JAf'h'.Sovi'ILI FAQ 954-761-8112 Kl:1'11'l:,ST gray-robinson. com l_a11:1.atn rlll Y.Hf )111G\'iC A-11.1,111 N'4PIJs.S ORLA D ) T•I LLI H$5117> KM IPA 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. CVS Pharmacy, Inc. ("CVS") has asked me to represent it in connection with a code enforcement case, Case No. 13-10104055, involving 6900 N. University Dr., Tamarac. While technically, the case is against the property owner, University Commons Land LLC, CVS is the tenant. These types of matters are typically non -adversarial and do not result in litigation. In the event of litigation between CVS and/or the property owner and the City, we will cease representation of CVS/property owner on this matter, and will not represent any party is such case. We are respectfully requesting the City's waiver of any potential conflict that may arise as a result of this representation of CVS and/or property owner. If you have any questions, please do not hesitate to contact me. Thank you for your assistance. .,ely truly yours, Gary ...-1.gs d k ACKNOWLEDGMENT AND WAIVER City of Tamarac hereby acknowledges and specifically waives the potential conflict of interest described above, and consents to the representation by GrayRobinson, P.A. of CVS Pharmacy, Inc. and University Commons Land LLC (as described above). Date: Title: GIR:js cc: James Cherof, Goren, Cherof, Doody & Ezrol, P.A. MI - 1113994709 v1