HomeMy WebLinkAbout2016-12-14 - City Commission Regular Meeting Minutes (2)CITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, DECEMBER 14, 2016
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 7.13 p.m. on Wednesday, December 14, 2016 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: Commissioner Gomez led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation to the Mayor and Commission of the ICMA 2016 Certificate in Performance
Management Plaque by ICMA President Lee Feldman.
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Thanked staff for putting together the orientation session for himself
and Commissioner Fishman. Commissioner Bolton said he walks his community and was
disheartened to hear about the car burglaries. He indicated that after he expressed his
concerns about the car break-ins he spoke with Captain Glassman about being proactive so
that residents will feel safe in District 1. Commissioner Bolton said he attended the Holiday
Lighting event and thanked Parks & Recreation Director Warner and his staff for a job well
done and noted that people are grateful for a well -executed event. Commissioner Bolton said
he attended the Chamber of Commerce Holiday Party and thanked the Chamber for
supporting local businesses. Commissioner Bolton talked about the importance of diversity
and Tamarac should increase its efforts to honor people who contribute to the City.
Commissioner Bolton said Coral Springs and Lauderhill hold events to honor Martin Luther
King, Jr. and asked staff to explore ideas to honor Dr. King and Black History Month for 2018.
Commissioner Bolton wished everyone a Happy Holiday, Happy Hanukkah and Happy
Kwanza.
b. Commissioner Gomez: Commissioner Gomez advised that the Tamarac Community
Center has art work dedicated to Black History Month. Commissioner Gomez welcomed
Commissioner Bolton and Fishman to the dais. Commissioner Gomez attended the Veterans
Day Ceremony; the Turkey Trot, the Leadership Tamarac Luncheon and visited Fire Station
78 to view the new artwork. Commissioner Gomez said she also attended the Broward
County Planning Council Meeting regarding traffic issues in Broward County and they are
asking to meet with the MPO either in January or February of 2017. Commissioner Gomez
noted that she attended the National League of Cities meeting in Pittsburgh where she
worked with the Transportation Infrastructure Services Advocacy Committee writing
Page 1 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
legislation for racial equality that will be in their policy amendments that they will be bringing
before the legislature in Washington in March. Commissioner Gomez said she attended
sessions regarding autonomous vehicles. She also attended a session regarding drones in
which they had very good discussions about whether it would be good for businesses and
whether or not it would be of assistance to Fire Rescue and law enforcement agencies. They
also talked about dealing with hobbyists as there are a lot of concerns about the use of
drones in certain areas such as parks where children are playing. Commissioner Gomez said
this is a developing topic with legislation being looked into. Commissioner Gomez wished
everyone a Happy Holiday.
c. Commissioner Fishman: Commissioner Fishman said when she first arrived in Tamarac
she made a decision to get involved in the Community and joined CERT as well as a few
other programs. Commissioner Fishman said she ran for the District 3 Commission seat
because it was the next logical step. Commissioner Fishman encouraged people to volunteer
in their communities and noted that from October 2015 through September 2016 25,823
hours were donated to the City and once again encouraged people to get involved and make
a difference.
d. Vice Mayor Placko: Vice Mayor Placko welcomed Commissioner Bolton and
Commissioner Fishman to the dais. Vice Mayor Placko thanked everyone for coming out to
tonight's meeting and said she was glad to see people care about their community. Vice
Mayor Placko wished everyone a Happy Holiday and Happy and Healthy New Year.
e. Mayor Dressler: Mayor Dressler said he attended the Toys for Tots event at Applebee's;
the Leadership Tamarac Program luncheon; the Holiday Lighting Ceremony and the National
League of Cities conference in Pittsburgh. Mayor Dressler said he will be attending the U.S.
Conference of Mayors meeting in the near future. Mayor Dressler wished everyone a Happy
Holiday, Happy Hanukkah, Merry Christmas and Happy Kwanza.
3. CITY ATTORNEY REPORT: City Attorney Goren said earlier this week the Commission
was sent a memo regarding Medical Marijuana Dispensaries (MMD's). City Attorney Goren
said that City Manager Cernech has executed a Zoning in Progress but this is just a starting
point to allow the City to regulate MMD's. City Attorney Goren went over salient points of the
memorandum and said once the Department of Health adopts state-wide rules, we will be
able to develop a process for MMD's in Tamarac..
4. CITY MANAGER REPORT: City Manager Cernech welcomed Commissioners Bolton and
Fishman to their first meeting and thanked them for their patience while staff worked to get
them the information they need as Commissioners. City Manager Cernech confirmed that he
did issue a Zoning in Progress relative to Medical Marijuana and staff will be back with a
presentation in January.
City Manager Cernech reported that Tamarac Fire Rescue and BSO were at Challenger
Elementary School's Big Truck Day on December 7th and 200 children got to see some of our
First Responders' "Tools of the Trade". Fire Rescue brought their new fire truck and BSO
bought their SWAT truck.
Page 2 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
City Manager Cernech reminded people that the pool at the Aquatic Center is closed during
the months of December, January and February and will reopen on March 1st. The facility will
be open for regularly scheduled classes and the swim team.
Upcoming Events: City Manager Cernech said the City in conjunction with the Tamarac
Historical Society will recognize and celebrate Tamarac residents who have reached or
passed their 100th Birthday with a Centenarian brunch on January 27th at the Community
Center. Centenarians and one guest are free; additional guests and attendees are $20 each
and reservations are required. The deadline is January 10th and for more information call
954-597-3629 or e-mail history(cD-tamarac.org.
City Manager Cernech invited people to enjoy the Paws With Claus Holiday Paw-ty on
Saturday, December 17th from 9:00 a.m. to 11:00 a.m. at the Gary B Jones Park for People
and Pups and the Jingle Brawl LaCrosse Tournament on December 17th and 18th starting at
8:00 AM at the Sports Complex which will take place on Multipurpose Fields 4-7 and Baseball
fields 2 &3.
City Manager Cernech wished everyone Happy Holidays.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Lisa Hayden 8505 Cherry Blossom Lane asked Commissioner Placko for
information on the Holiday drive for Family Central; Jeanine Luster, 4967 NW 59TH St. talked
about buying a home in Central Parc and the crime in that area; Sharon Baron 4709
Woodlands Blvd. talked about the damage to the sign located at Commercial and Woodland
Blvds. and asked the City to accept a check and repair the sign; Princess Stanley, 7914 NW
73rd Terr. asked the City to assist with the beautification of Tamarac Elementary School
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech said Item 6 (c) -
TR12886 — FY 2015-2016 Consolidated Annual Performance Evaluation Report (CAPER) -
on the Consent Agenda is being removed and moved to Public Hearings as it is a Public
Hearing item that was inadvertently placed on the Consent Agenda. Vice Mayor Placko
seconded by Commissioner Gomez moved approval of removing item 6 (c) from the Consent
Agenda and moving it to Public Hearings as item 9 (a). Motion passed unanimously (5-0).
Vice Mayor Placko seconded by Commissioner Gomez moved approval of the Consent
Agenda as amended. Motion passed unanimously (5-0).
a. Approval of the November 9, 2016 Regular Commission Meeting Minutes - APPROVED
b. Approval of the November 21, 2016 Special Commission Meeting Minutes - APPROVED
d. TR12888 - Awarding ITB# 16-16-RB for Fire Station 15 Bay Door Replacement Bid: A
Resolution of the City Commission of the City of Tamarac, Florida approving the award of
Invitation To Bid (ITB) # 16-16-RB to Miner Florida LTD. for the purchase and replacement of
Fire Station 15 four -fold bay doors in an amount not to exceed $188,746.67 which includes a
not to exceed cost of $171,587.89 and a contingency of $17,158.78, and to authorize the
appropriate City Officials to execute an agreement with Miner Florida LTD. providing for
conflicts; providing for severability; and providing for an effective date.
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Revised January 13, 2017
RESOLUTION R-2016-137
e. TR12892 - Bid 17-01 B Aquatic Center Pumping System Improvements Project: A
Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to award Bid No. 17-01 B and execute an Agreement with R.J.
Sullivan Corp., for the Aquatic Center Pumping System Improvements Project, for an amount
not to exceed $367,500; a contingency amount of $22,500 will be added to the project
account for a total project budget of $390,000; authorizing an expenditure of $367,500 plus
contingency of $22,500, providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2016-138
f. TR12893 - 2016 JAG Grant: A Resolution of the City Commission of the City of Tamarac,
Florida authorizing the appropriate city officials to accept the 2016 Edward Byrne Memorial
Justice Assistance Grant (JAG) Award in the amount of $14,641.00 and execute a
Memorandum of Understanding between the City of Tamarac and the Broward Sheriff's
Office pending legal review; authorizing the Broward Sheriff's Office to continue to serve as
the lead agency providing for the administration of the 2016 JAG Grant Award; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-139
g. TR12882 - Greenleaf Filter Media Replacement - Bid No. 16-2013: A Resolution of the City
Commission of the City of Tamarac, Florida, awarding Bid No. 16-20B to RF Environmental
Services, Inc., and authorizing the appropriate City Officials to execute the agreement
between the City of Tamarac and RF Environmental Services, Inc. for an amount of $529,000
for the Greenleaf Filter Media Replacement Project located at the Tamarac Utilities Water
Treatment Plant site; a contingency in the amount of $105,800 will be added to the project
account for a total amount of $634,800; authorizing an expenditure from the appropriate
accounts; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2016-140
h. TR12891 - Purchase of Pumps and Appurtenances from Hydra Service, Inc. for FY17 A
Resolution of the City Commission of the City of Tamarac, Florida, designating Hydra
Service, Inc., as a sole source provider for pumps and appurtenances utilized at fifty-four (54)
city wastewater pump stations, and to authorize expenditures for the purchase of pumps and
appurtenances from Hydra Service, Inc., for an amount not to exceed $120,000 for Fiscal
Year 2017; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2016-141
i. TR12889 - Purchase of Cardiac Defibrillators and Monitors: A Resolution of the City
Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to
execute an Agreement for the purchase of nine (9) ZOLL X-Series manual cardiac
monitor/defibrillators with related accessories from ZOLL Medical Corporation, a vendor
under the National Purchasing Partners Agreement, for an amount not to exceed a total of
$230,911.02; authorizing the trade in of nine (9) Physio-Control outdated cardiac monitors
and defibrillators; providing for conflicts; providing for severability, and providing for an
effective date.
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Revised January 13, 2017
RESOLUTION R-2016-142
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
Mayor Dressler moved out of the order of the agenda to take up items 9 (a) TR12886 and 10
(a) T02349.
9. PUBLIC HEARING(S):
a. TR12886 - FY 2015-2016 Consolidated Annual Performance Evaluation Report (CAPER)
A Resolution of the City Commission of the City of Tamarac, Florida approving the
Consolidated: Annual Performance Evaluation Report (CAPER FY2015-2016) which is
attached hereto as Exhibit: "A" for the U.S. Department of Housing & Urban Development
(HUD)'s Community Development Block Grant (CDBG) Programs for HUD's Fiscal Year
2015-2016, providing for conflicts; providing for severability; and providing for an effective
date. City Attorney Goren read TR12886 by title into the record. Mayor Dressler opened the
Public Hearing and with no one wishing to speak, closed the Public Hearing. Vice Mayor
Placko seconded by Commissioner Gomez moved approval of TR12886. Motion passed
unanimously (5-0).
RESOLUTION R-2016-143
10. ORDINANCE(S) - SECOND READING:
a. T02349 - Water Supply Plan Comp Plan GOP Amendments: An Ordinance of the City of
Tamarac, Florida, amending, the Future Land Use Element, Infrastructure Element,
Conservation Element, Intergovernmental Coordination Element, and Capital Improvements
Element of the City of Tamarac's Comprehensive Plan consistent with the South Florida
Water Management District Water Supply Facilities work plan for the City of Tamarac,
authorizing transmittal of the 2016 Ten Year Water Supply Facilities work plan and
Comprehensive Plan Amendments to the Department of Economic Opportunity and other
agencies as required by Florida Statutes 163.3184(3) providing for inclusion in the
Comprehensive Plan; providing for conflict; providing for severability; and, providing for an
effective date. City Attorney Goren read T02349 by title into the record. Mayor Dressler
opened the Public Hearing and with no one wishing to speak, closed the Public Hearing.
Commissioner Gomez seconded by Commissioner Fishman moved approval of T02349 on
second reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING ON SEPTEMBER 28, 2016
PASSED ON SECOND READING DECEMBER 14, 2016
ORDINANCE NO. 0-2016-19
Mayor Dressler moved back into the order of the Agenda to take up items 8 (a) T02353 - on
Ordinance(s) First Reading.
Mayor Dressler recessed the meeting at 8:24 p.m. and reconvened the meeting at 8.46 with
all present as before.
8. ORDINANCE(S) - FIRST READING:
Page 5 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
a. T02353 - Woodmont Country Club - Restated Development Agreement: An Ordinance of
the City Commission of the City of Tamarac, Florida, approving and authorizing the Mayor,
Vice -Mayor, or City Manager of the City of Tamarac, Florida, on behalf of the City, to execute
and to otherwise enter into an amended and restated Development Agreement between the
City of Tamarac, Pulte Home Corporation and Woodmont Country Club, Inc., for the
development of property located within the Woodmont Plat, as recorded in Plat Book 88,
Page 20, of the public records of Broward County, Florida, and as more fully described in the
amended and restated Development Agreement which is attached hereto as Exhibit "A";
authorizing the appropriate City Officials to do all things necessary to effectuate the intent of
this ordinance; providing for conflicts; providing for severability; and providing for an effective
date. City Attorney Goren gave direction on how this item would be handled and went over
the State Statute that governs the adoption of a Developer's Agreement. City Attorney Goren
explained that the original Agreement is a legal and binding document. City Attorney Goren
reminded everyone that the original Agreement was discussed in Quasi -Judicial Proceedings
and said that all affected parties will be sworn in. City Attorney Goren said Tamarac will
make its presentation and that Council for the applicant can ask questions and make a
presentation. City Attorney Goren went over a list of possible individuals that should be sworn
in. City Attorney Goren noted for the record that Tamarac has its own Special Council,
Michael Burke, of the Johnson Anselmo law firm, to assist us with this particular item. City
Attorney Goren said during the Public Hearing people in the audience will have the option to
speak at that time. City Attorney Goren noted that this item is required to have two public
hearings per State Statute and if this passes this evening this will go to second review under
the same process as tonight. City Attorney Goren said we will need a Motion and Second to
adopt the rules of the road. Commissioner Gomez seconded by Commissioner Bolton moved
approval of the rules of the road. Motion passed unanimously (5-0).
City Attorney Goren read T02353 by title into the record and City Clerk Teufel swore in all
affected parties. Mayor Dressler asked the Commission members if anyone had any
meetings with anyone in this action and Commissioner Bolton said no; Vice Mayor Placko
said she met with Scott Backman many times in City Hall; Mayor Dressler said he met with
Scott Backman and Tony Palumbo of Pulte Homes; Commissioner Gomez said she met with
Scott Backman and Commissioner Fishman said she did not meet with anyone.
Community Development Director Calloway gave a presentation, a copy of which is on file in
the City Clerk's Office, and said staff recommended conditional approval of the Restated
Development Agreement. City Attorney Goren said all presentations will be marked as
Exhibits and entered into the record. Attorney Scott Backman appeared on behalf of the
applicant and entered his presentation into the record. Mr. Backman gave a presentation, a
copy of which is on file in the City Clerk's Office. Mr. Backman said this is good and strong
agreement and better than the one in place now and Pulte is ready to spend money to get
this project moving. Mr. Backman introduced Andrew Maxey of Pulte Homes to the
Commission. Mr. Maxey said he is the Project Manager for this project and indicated that he
had met with Vice Mayor Placko, City Manager Cernech, Community Development Director
Calloway and her staff. Mr. Maxey talked about his involvement with this project since its
inception and asked the Commission to approve the Agreement so that they can move
forward with the project.
Page 6 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
Attorney Justin Schmidt appeared on behalf of the applicant. Mr. Schmidt thanked the
Commission for allowing him the opportunity to speak. Mr. Schmidt spoke briefly about the
history of the project over the last 2 % years. Mr. Schmidt advised that all the site plans have
been submitted to the City and will be before the Commission in February 2017. Mr. Schmidt
said they are ready to start putting shovels in the ground; however, there is a slight impasse
that needs to be addressed. Mr. Schmidt said this is a good deal for Woodmont Country Club
and Tamarac but has no benefit to the applicant. Mr. Schmidt talked about possible
compromises to move this matter forward.
City Attorney Goren said he mentioned earlier that Attorney Michael Burke is here on behalf
of the City as Special Counsel and it would be appreciated if the Commission would allow Mr.
Burke to make some comments on the record.
Attorney Michael Burke, 2455 E. Sunrise Blvd., Ft. Lauderdale, FL, said he is with the firm of
Johnson Anselmo and has had the pleasure of doing work for the City over the years. Mr.
Burke said In this particular matter he was asked to look at the City's authority to amend the
existing Development Agreement that was recorded in 2014. As was stated by Community
Development Director Calloway Florida statutory law expressly provides for the parties ability
to amend an approved Development Agreement. There is a section of Florida statutory law
that specifically addresses itself to the requirements of Development Agreements, what their
terms need to be and various provisions. One of those provisions is that a Development
Agreement maybe amended by the mutual consent of the parties to the agreement or their
Successors in Interest. Mr. Burke said in this particular matter he reviewed the 2014
Agreement and it had two parties, the City of Tamarac and Woodmont. Back at that time an
Exhibit to the existing Development Agreement provided that there would be a Notice of
Consent Joinder Agreement by a company called Zaveco Development LLC. Zaveco was
apparently a former contract purchaser of the land, or portion of the land, that is the subject of
this Development Agreement and since 2012 has been involved in litigation with Woodmont
with respect to that contract. From his review of the Development was that Zaveco was not a
party to it, it was not referred to as a party, not named as a party; moreover Zaveco did not
sign the Agreement. Most importantly, Zaveco did not sign the Joinder Agreement either.
Mr. Burke said there is pending litigation between Zaveco and Woodmont and is not with
respect to the existing Development Agreement but rather related to the contract to purchase
the land, or a portion of the land. It is now currently set for trial in January of 2017 and the
matter before the Court is a Motion to enforce to some sort of settlement agreement that
allegedly was entered into between Woodmont and Zaveco. Mr. Burke said based upon his
review of the 2014 Development Agreement the City does have the legal authority, at this
time, as a party to the Agreement to enter into an amendment of that Agreement with
Woodmont. City Attorney Goren said Mr. Burke's comments are on the record and are
beneficial to the City.
Mayor Dressler opened the Public Hearing and the following individuals spoke in favor of the
project: Sam Gross, Helena Friedman, Lisa Hayden; Dick Brown, Rebecca Stuart and Anne
Marie Yibirin. Mr. Santiago Vasquez expressed concern about added traffic and Mr. Leon
Feig was against the project. With no one else wishing to speak, Mayor Dressler closed the
Public Hearing. All pertinent information on the speakers is on file in the City Clerk's Office.
Page 7 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
Mayor Dressler opened the floor for questions and comments from the Commission. Vice
Mayor Placko thanked everyone for their comments and said the Commission does listen and
this is not something that any one of them takes lightly. Vice Mayor Placko said she was
here for the original agreement and has been very involved since Woodmont is in her district.
What we have before us now is a new agreement and it is her job to protect her community.
Vice Mayor Placko said the issue here is the golf course because it impacts the residents.
Vice Mayor Placko said we have $2.4 million in escrow for a bond for the club house and
asked why the golf course is the step child and we don't have the same guarantee as the
club house. Mr. Backman said the only thing Tamarac does not have on the golf course is
Pulte backing up the guarantee to complete the golf course and Pulte has said it will not offer
that assurance.
Mr. Maxey said that Pulte has made a business decision not to guarantee the golf course as
they do not own the property. Vice Mayor Placko was adamant about having assurances
from Pulte to finish the golf course should a problem arise. Mr. Maxey, Mr. Backman, City
Attorney Goren and Mr. Schmidt replied to the concerns expressed by Vice Mayor Placko for
Pulte to step in and guarantee the completion of the golf course. Mr. Maxey said he does not
have the authority to assume the responsibility of guaranteeing the completion of the golf
course.
Mr. Backman said they are going before the DRC and Tamarac's golf course expert
tomorrow who will have some comments. At this point they have a rough estimate of the
costs but actual costs cannot be determined at- this point. Vice Mayor Placko asked for
Tamarac's golf course expert's documents entered into the record.
Mayor Dressler recessed the meeting at 11:07 p.m. and reconvened the meeting at 11:28
p.m. with all present as before.
Mr. Backman, Mr. Maxey and Mr. Schmidt responded to questions from Commissioner
Gomez about the maintenance of the landscape during construction.
Mr. Mark Schmidt said they are looking at three bids from three golf course companies for the
construction of the golf course at this time. Mr. Schmidt said they are going to the DRC
tomorrow and until we get their approval it is hard to move forward with the construction. Mr.
Schmidt talked about the upgrades to the golf course. Mr. Schmidt responded to questions
from Commissioner Gomez.
Mr. Backman, Mr. Mark Schmidt, City Manager Cernech and Mr. Maxey responded to
questions from Mayor Dressler relative to the Escrow money and a performance bond.
Mayor Dressler recessed the meeting at 12:19 a.m. on Thursday, December 15, 2016 and
reconvened the meeting at 1:04 a.m. with all present as before.
City Attorney Goren said the Commission requested a brief recess for the purpose of
conferring with the City Attorney and City Manager regarding the conversation that occurred
over the last few hours in connection with this pending application. We conferred
independently of any other member of the Commission and then we conferred with Mr.
Backman on a specific point. The concern raised by the Commission over the past several
Page 8 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
hours of discussion relates principally to completion of the golf course. Mr. Schmidt opened
the door on several options that need to be fully explored and the suggestion has been
regarding a bond. A performance bond is essentially an insurance policy to guarantee
payment. City Attorney Goren explained the mechanics of how a performance bond works.
The City does not own the golf course and therefore the City cannot build the golf course for
Mr. Schmidt because it is against the Constitution of Florida for a public agency to be
investing in private property. The Commission had some concerns about its relationship with
Mr. Mark Schmidt and Mr. Schmidt expressed his concerns about other issues. In the event
Mr. Schmidt fails to complete the work because he intentionally failed to do so or if his
contractor leaves the job, or something in between, that leaves the project incomplete we
need to find a way to support getting it done. What the City has proposed is for Mr. Schmidt
to procure some form of performance bond which would in essence do the following: It would
guarantee to the City that the work on the golf course would proceed if the contractor on site
either defaulted because he couldn't perform, or left the job, or Mr. Schmidt chose to throw
him off the project. The performance bonding company would support engaging a third party
contactor to finish the work. City Attorney Goren said what he has heard from the
Commission is that they want an independent third party with a guaranteed obligation. City
Attorney Goren said the issue now is what the bond going to look like, what is it going to cost
etc. and things that he cannot answer tonight on the record. City Attorney Goren said that if
you pass this item on first reading and on that condition alone that they produce a bond which
is satisfactory to the professional staff of the City and the City Attorney's Office, that you have
a premise upon which to go to second reading. City Attorney Goren said if there is no bond
available then the deal is dead and you will never have a second reading. We need to find a
way to get to the next level by finding a bond that does everything the Commission is looking
for.
Mr. Backman said he appreciates the lengthy discussion and deliberation and the opportunity
to continue to try to find a solution. It appears that to some extent there may actually be an
opportunity that does exist that will allow us to go out and find a type of performance bond
that the City would want as was explained by City Attorney Goren. Mr. Backman said he
does not know if such a bond exists that would be available to us. There are a lot of
questions that still need to be answered. Mr. Backman said they would appreciate the
opportunity to try and answer those questions and provide the Commission with what they
are looking for to provide the guarantee.
City Attorney Goren said before the Commission is an Ordinance and the attachment is a
Development Agreement as amended. You will essentially be approving an ordinance at first
reading with conditions. City Attorney Goren said one specific condition, which is the one
regarding a performance bond that meets the test of the conversation offered this evening,
which would put an independent third party in the position to finish the project. If that bond is
available and can be acquired with a reasonable cost and satisfies the relationship between
Mr. Schmidt and Pulte we will work together between tonight and second reading. Staff will
be willing to look at any option that works. City Attorney Goren said the motion will be to
approve the ordinance on first reading with the condition that it is to perfect the acquisition of
a performance bond that provides for the completion of the project upon default by the owner.
Mr. Backman said for the record it is their understanding that if they are able to find this
guarantee that that condition would not be in play.
Page 9 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017
Vice Mayor Placko seconded by Commissioner Gomez moved approval of T02353 on first
reading with conditions. Motion passed unanimously (5-0).
PASSED ON FIRST READING ON DECEMBER 14, 2016
Mayor Dressler asked for a motion to defer item 11 (a) to the January 11, 2017 meeting. City
Attorney Goren read TR12881 — Woodmont County Club — Major Revised Site Plan - by title
into the record. Commissioner Gomez seconded by Vice Mayor Placko moved to defer
TR12881 to the January 11, 2017 meeting. Motion passed unanimously (5-0).
11. QUASI-JUDICIAL HEARING(S):
a. TR12881 - Woodmont Country Club - Major Revised Site Plan: A Resolution of the City
Commission of the City of Tamarac, Florida, granting Major Revised Site Plan approval (with
conditions) to allow for the approval of Phase I of the Woodmont Country Club Master
Development Plan to allow for the development of a new 15,031 square foot clubhouse with
an ancillary 7,202 square foot cart barn with associated parking and pool; for the subject
property located at 7801 NW 80 Avenue, Tamarac, Florida (Parcel A of the Woodmont
Recreation Complex, according to the Plat thereof, as recorded in Plat Book 91, Page 49,
public records of Broward County, Florida) (Case No. 33-sp-14); providing for conflicts,
providing for severability; and providing for an effective date.
DEFERRED FROM THE NOVEMBER 9, 2016 MEETING
DEFERRED TO THE JANUARY 11, 2017 MEETING
12. OTHER
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 1.20 a.m. on December 15, 2016.
arry Dressler; Mayor
Patricia Teufel, C9d
City Clerk
Page 10 of 10 COMMISSION MEETING December 14, 2016
Revised January 13, 2017