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HomeMy WebLinkAbout2016-05-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, MAY 25, 2016 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 9:05 a.m. on Wednesday, May 25, 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 Pamela Bushnell, Commissioner Michelle J. Gomez, 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 proclaiming May 25th as "IQ Formulations Day" in the City of Tamarac. (Requested by Mayor Harry Dressler) 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Commissioner Bushnell thanked Mayor Dressler for representing Tamarac at the Broward County Commissioner Meeting yesterday. Commissioner Bushnell noted that she had the privilege of attending the Challenger Baseball game and was impressed by the high school students acting as "buddies" for the players. Commissioner Bushnell said she was also honored to attend the South Florida Honor Flight Homecoming welcoming the veterans returning from their trip to Washington, D.C. b. Commissioner Gomez: Commissioner Gomez thanked everyone for their support and well wishes while she recovered from two recent surgeries. Commissioner Gomez attended the Broward County Planning Council meeting last month and will be attending their next meeting on Thursday. Commissioner Gomez also attended the Tamarac Chamber of Commerce Breakfast; various civic association meetings; the Charter Review Committee meeting; the Concert on the Green, the Mother's Day Brunch at Colony West; stopped by the P.A.R.O.T silent auction and awards dinner and the Bathing Buddha ceremony. Commissioner Gomez said she will be attending the Small Business of the Year Award Lunch later today; congratulated all the upcoming graduates and is looking forward to the Memorial Day Ceremony on Monday. c. Vice Mayor Glasser: Commissioner Glasser said the elections are almost here and she has been appointed as a delegate for the Convention in Philadelphia in July. Commissioner Glasser said she will have a report for the Commission after the convention. d. Commissioner Placko: Commissioner Placko said she attended the Broward County Commission meeting yesterday and it was very disappointing. The County Commission and the cities have to find a way to work together and do what is in the best interests of the Page 1 of 1 COMMISSION MEETING May 25, 2016 residents of Broward County. Over 94% of the cities supported the Infrastructure Surtax and not the Transportation Surtax and the County needs to listen to what the residents want. Commissioner Placko said the County Commission rejected the cities proposed Infrastructure Surtax and put forth their own Infrastructure Surtax which included a 15% economic development allocation. Commissioner Placko said she also attended the Bathing Buddha Ceremony and encouraged people to visit the temple. Commissioner Placko said she was asked to be a key note speaker for the Rotary Youth Leadership Retreat and noted how impressed she was with the 11th and 12t" grade students that were in attendance. e. Mayor Dressler: Mayor Dressler said that after the County Commission Meeting yesterday it is clear that the County does not want to have any relationship with the cities within the County. Mayor Dressler said the County Commission cannot speak to the Mayors, Attorneys, the MPO staff in the manner that they did. Mayor Dressler commented that there is a crisis of government in this country at all levels. Mayor Dressler said it is a good thing that there are term limits because in the future we will hopefully have a group of people at the County who are willing to have a relationship with the cities to benefit the residents of Broward County. 3. CITY ATTORNEY REPORT: City Attorney Goren said that at a recent workshop the Commission and staff received confirmation from the Woodmont developer, at their annual update meeting, that there is a lawsuit; Zaveco vs. Woodmont, pending which Tamarac is not a party to. We have been advised that a trial was set to commence on May 31st. In conversations with the attorney for Woodmont, the Judge has not issued a Trial Order at this time and under the rules of procedure you have to have a Trail Order to issue subpoenas. We have been advised that subpoenas would be issued to certain staff and will keep the Commission fully posted regarding whether the case goes to trial or otherwise. City Attorney Goren said that with regards to yesterday's Broward County Commission meeting, there are some unique things happening regarding ballot access in November. One issue is that the County Commission adopted a Transportation Surtax referendum question and ordinance, which will be on the ballot for 3/4 of a penny and for 10 years. The Infrastructure Surtax proposed by the cities was rejected by the County Commission. In its place they substituted their own version of that resolution and that specific item was on yesterday's agenda to specifically call for a public hearing, which will occur during the month of June, for the County's version of the Infrastructure Surtax. However, the Resolution and referendum question is not consistent with what the cities adopted by 94% of the population of Broward County cities. Again, there will be a hearing the second week of June on that document for which there will be public comment. The likelihood, however, of city input will probably be less than well received. City Attorney Goren said the Supervisor of Elections (SOE) has received the cities' resolutions and the issue now becomes what will the SOE do. We know for a fact that the Transportation Surtax item is a done deal which will be on the November ballot. There may be a conundrum that the SOE could have. The SOE has the cities' resolution and the County resolution on the Infrastructure Surtax and the issue is which one will the SOE choose. Does the SOE put them both on the ballot and does she choose as to which one can get on the ballot first? City Attorney Goren said this is an open legal question. The SOE is a constitutional officer under the Constitution of the State of Florida and she will have to make a Page 2 of 2 COMMISSION MEETING May 25, 2016 decision regarding what to do. If the SOE is not clear on what to do there is a remedy, it is called a Declaratory Judgement. The SOE may have to go to court and ask a judge to decide whether or not the cities' proposition is correct and legally placed on the ballot, or that the County Commission's proposition is also correct and placed on the ballot. The SOE has to ultimately decide which one to place on the ballot. City Attorney Goren said he will be meeting with other Broward County municipal legal counsels regarding the overall conversation. City Attorney Goren said it may ultimately be up to the Court to decide which ballot question will be placed on the ballot. City Attorney Goren said that the law is not totally clear and some issues will require some interpretation. City Attorney Goren said City Manager Cernech will be meeting with other City Manager's to discuss how to find common ground and a resolution to this issue. City Attorney Goren noted that at some future time the SOE will have to make a decision as to which one will be placed on the ballot. City Attorney Goren said there is the possibility of having three issues on the ballot. City Attorney Goren responded to a few questions from Commissioner Gomez. 4. CITY MANAGER REPORT: City Manager Cernech said that Tamarac has for the 7t" time been designated as a "Playful City USA". Tamarac is one of 257 communities that exhibit "playability" which means these communities have invested their time and efforts to put kids first and promote balanced and active play which is crucial to the well-being of children. Upcoming Events: City Manager Cernech said there will be a Memorial Day Ceremony on Monday, May 30t" at 10:30 a.m. at Veterans Park after which there will be the unveiling of the Veterans Honor Wall. There will a Movie in the Park featuring the movie "Inside Out" on Friday, June 3rd at the Tamarac Sports Complex with activities starting at 7:00 p.m. and the movie starting at 8:15 p.m. Past Event: The Splash Expo that took place on Saturday, May 14t" had a total of 80 children participate in order to learn about water safety awareness and enjoy an interactive water demonstration. City Manager Cernech noted that everyone has already spoken about what happened yesterday at the County. City Manager Cernech said there is a significant difference about what the County wants and what the cities want. The Infrastructure Surtax proposed by the cities would allow the cities to invest in the community to benefit everyone in the community and allow us to make improvements faster and sooner. Infrastructure is the number 1 national issue at all levels of government and Tamarac has done a good job of investing in its infrastructure. What the County wants is a Transportation Surtax designed to pay for the system that is already in place and add more buses. City Manager Cernech said local elected officials are the oversight of what goes on in their cities and we do not need oversight from the County. City Manager Cernech said another issue that has been raised is that it will be hard to explain the necessity for the Infrastructure Surtax proposed by the cities with multiple questions on the ballot. People will vote for an investment in their community's infrastructure as they have responded positively in the past. The challenge in explaining this to the communities is that the Infrastructure Surtax goes on forever. The County has put forth a proposal with an end date because this is the politically expedient thing to do. Tamarac has almost zero general Page 3 of 3 COMMISSION MEETING May 25, 2016 obligation debt, or other debt, and as a result we have been able to pay for things as they are needed. City Manager Cernech said Tamarac would receive $4 million a year and our CIP's need more than $4 million a year. City Manager Cernech talked about upcoming CIP projects that need to be built in the future. We will have CIP's that will go on forever and our infrastructure is now 50 years old and we will need to keep up investing in our infrastructure. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke: Adele Menick, 7610 NW 68th Terr. spoke about how Norfolk Pine trees are a nuisance. 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 pursuant to the Commission's direction at the Workshop on May 9, 2016 — TR12788 — Supporting Millennium Middle 6 -12 Collegiate Academy is being added as item 6 (f) to the Consent Agenda. City Attorney Goren read TR12788 by title into the record. Commissioner Gomez seconded by Commissioner Bushnell moved approval to add TR12788 to the Consent Agenda. Motion passed unanimously (5-0). Commissioner Placko seconded by Commissioner Gomez moved approval of the Consent Agenda as amended. Motion passed unanimously (5-0). a. Approval of the May 11, 2016 Regular Commission Meeting Minutes - APPROVED b. TR12775 - Cisco Network Infrastructure Replacement: A Resolution of the City Commission of the City of Tamarac, Florida, awarding IFB No. 16-17B to AIP US, LLC for the purchase of Cisco Systems network equipment in the total amount of $94,122.98; authorizing an immediate expenditure of an amount not to exceed $71,914.71, and authorizing the City Manager to approve an expenditure of $22,208.27 upon receipt of notification from award of body camera contract by the Broward Sheriff's Office (BSO); approving funding from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2016-43 c. TR12778 - Tamarac Lakes South Water Main Improvements — Task Authorization #16-17S A Resolution of the City Commission of the City of Tamarac, Florida, approving Task Authorization No. 16-17S and authorizing the appropriate City Officials to execute Task Authorization No. 16-17S with Mathews Consulting Services, Inc., to provide professional services for the design of the Tamarac Lakes South Water Main Improvement Project; including preparation of detailed plans and specifications followed by permitting, bidding assistance and limited construction administration, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2011-87, for an amount not to exceed $159,179; authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2016-44 d. TR12777- Application Fee Refund: Leaders of Tomorrow: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a refund of $2,000.00 submitted by Lazaro Alvarez, owner of Leaders of Tomorrow Learning Center, as a result of the withdrawal Page 4 of 4 COMMISSION MEETING May 25, 2016 of a Special Exception application; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2016-45 e. TR12770 - Water Sewer Developers Agreement for Mural Plaza: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept and execute a Water and Sewer Developer's Agreement with Mural Development, LLC., for the Mural Plaza Project, located at 6500 N. University Drive, requiring 18 ERC's for water and 11 ERC's for sewer; requiring the payment of $54,800.00 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-2016-46 f. TR12788 — Supporting Millennium Middle 6 -12 Collegiate Academy: A Resolution of the City Commission of the City of Tamarac, Florida, supporting the establishment of Millennium Middle 6-12 Collegiate Academy, supporting granting enrollment preference to children residing within the City of Tamarac municipal boundaries; authorizing the appropriate City Officials to initiate a school attendance zone boundary change proposal; authorizing the City Clerk to distribute a copy of this Resolution to the School Board of Broward County, the Superintendent of Schools and the Principal of Millennium Middle School; providing for conflicts, providing for severability; and providing for an effective date. RESOLUTION R-2016-47 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: a. TO2344 - Code Amendment: S-1 Recreational 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 13 entitled "S-1 Recreational District", by specifically amending Section 24-308 entitled "Permitted Uses", amending Section 24-309 entitled "Prohibited Uses", amending Section 24-313 entitled "Yards, setback areas, open spaces, etc." To establish hotels as an ancillary use to a private or public country club subject to the issuance of a Special Exception in the S-1 Recreational 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. Commissioner Bushnell seconded by Commissioner Gomez moved approval of TO2344 on first reading. City Attorney Goren read TO2344 by title into the record. Motion passed 4-0 with Commissioner Placko dissenting. PASSED ON FIRST READING MAY 25, 2016 9. PUBLIC HEARING(S): a. TR12779 - Central Parc South: Vacation of Easement: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Vacation of Easement petition in an effort to vacate three utility easements dedicated to the City by separate instruments ORB 46647-918, 2 separate 15 foot utility easements and ORB 5864-761, 10 foot utility easement lying in a parcel of land for the subject property located west of the Florida Turnpike and south of Commercial Boulevard as further described in the legal description attached hereto Page 5 of 5 COMMISSION MEETING May 25, 2016 as Exhibit A; (Case No. 2-P-16); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12779 by title into the record. Commissioner Bushnell seconded by Commissioner Gomez moved approval of TR12779. Community Development Director Calloway appeared and gave staffs presentation. Attorney Heather Jo Allen appeared on behalf of the Applicant. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (5-0). RESOLUTION R-2016-48 10. ORDINANCE(S) - SECOND READING: There were no Ordinance(s) — Second Reading items 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 10:07 a.m. Ha ry bressler, Mayor ,J City Clerk Page 6 of 6 COMMISSION MEETING May 25, 2016 C 1