HomeMy WebLinkAbout2019-07-10 - City Commission Regular Meeting Minutes CITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, JULY 10, 2019
CALL TO ORDER: Mayor Gomez called the Commission Meeting of the City of Tamarac to
order at 7:03 p.m. on Wednesday, July 10, 2019, in City Commission Chambers, Tamarac
City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko, Commissioner Marlon
Bolton, Commissioner Mike Gelin and Commissioner Julie Fishman were in attendance.
Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and
City Clerk Patricia A. Teufel.
PLEDGE OF ALLEGIANCE: Mayor Gomez led the Pledge of Allegiance.
Mayor Gomez asked for a moment of silence in memory of Tamarac's founder Ken Bering
who recently passed away.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming July 14, 2019 as
"Tamarac Historical Society Day". (Requested by Vice Mayor Debra Placko)
In the interest of time, it was decided to forego presenting the following certificates:
b. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal
Officials held April 12-13 in Tampa, Florida to Commissioner Julie Fishman
c. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal
Officials held April 12-13 in Tampa, Florida to Commissioner Marlon Bolton
d. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal
Officials held April 12-13 in Tampa, Florida to Commissioner Mike Gelin
e. Presentation of a Proclamation to BSO Captain Neal Glassman honoring him for his
service to the City of Tamarac.
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton had no report.
b. Commissioner Gelin: Commissioner Gelin had no report.
c. Commissioner Fishman: Commissioner Fishman had no report.
d. Vice Mayor Placko: Vice Mayor Placko had no report.
ll e. Mayor Gomez: Mayor Gomez had no report.
3. CITY ATTORNEY REPORT: City Attorney Goren had no report.
Page 1 of 13 COMMISSION MEETING July 10, 2019
4. CITY MANAGER REPORT: City Manager Cernech had no report.
5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation and the following
individual spoke: Ronald B. Barish, 7555 NW 99th Ave., spoke on various items.
Commissioner Gelin made a motion to pull item 6 f — Eden West for discussion and asked to
hold off on the Consent Agenda until after the Quasi-Judicial items.
Commissioner Gelin seconded by Commissioner Bolton moved to pull the following items on
the Consent Agenda for discussion: 6c, g, i, j. I, o, q and s. Commissioner Fishman seconded
by Vice Mayor Placko moved approval of the following Consent Agenda items: 6a, b, d, e, h,
k, m, n, p, r, t. Motion passed unanimously (5-0).
6. CONSENT AGENDA:
a. Approval of the June 12, 2019 RegularCommission Meeting Minutes —
APPROVED.
b. TR13296 - Citywide Culvert Headwall Improvement Project Phase V: A Resolution of the
City Commission of the City of Tamarac, Florida, approving various Task Authorizations with
Stantec Consulting Services; authorizing a cumulative expenditure for said purpose in an
amount not to exceed $76,645.00; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2019-58
d. TR13292: Amendment to FDOT Grant Agreement: A Resolution of the City Commission of
the City of Tamarac, Florida authorizing the appropriate City Officials to accept an
amendment to an agreement between the City of Tamarac and the State of Florida
Department of Transportation (FDOT) for the Florida Highway Beautification Grant provided
to the City of Tamarac for the provision of Landscaping along Commercial Boulevard;
providing for the execution of necessary documents pending legal review; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2019-59
e. TR13258 - Approval of a Deed to Convey Certain Property to FDOT: A Resolution of the
City Commission of the City of Tamarac, Florida, approving a Deed of Conveyance by and
between the City of Tamarac and the State of Florida Department of Transportation (FDOT)
to convey a portion of land which lies adjacent to State Road 7 (U.S. 441) and State Road
870 (Commercial Boulevard); authorizing the appropriate City Officials to execute said Deed
of Conveyance by and between the City of Tamarac and the State of Florida Department of
Transportation (FDOT) to convey a portion of land which lies adjacent to State Road 7 (U.S.
441) and State Road 870 (Commercial Boulevard); authorizing the City Clerk to forward a
certified copy of this Resolution to FDOT; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2019-60
h. TR13308 - RFP #19-02R - Design_Build of Swim Central Annex: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
award RFP #19-02R and execute an Agreement with West Construction, Inc., for the
design/Build of Swim Central Annex for an amount not to exceed $1,235,435; a contingency
amount of $90,880 will be added to the project account for a total project budget of
Page 2 of 13 COMMISSION MEETING July 10, 2019
$1,326,315; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2019-61
k. TR13300 - School Crossing Guard Agreement: A resolution of the City Commission of the
City of Tamarac authorizing the award of Request for Proposal No. 19-23R entitled "School
Crossing Guard Services" to Waterfield Staffing Florida, LLC, D/B/A Action Labor, and
authorizing the appropriate City Officials to execute an agreement with Waterfield Staffing
Florida, LLC, D/B/A Action Labor for a period commencing September 1, 2019 through
August 31, 2021 with the option to renew for two (2) additional two (2) year periods, on behalf
of the City of Tamarac and members of the Southeast Florida Governmental Purchasing
Cooperative, including the City of Coral Springs, the City of North Lauderdale and the City of
Sunrise; authorizing the City Manager to approve price adjustments in accordance with the
provisions of the agreement and to approve and accept renewal options; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2019-62
m. TR13310 - MPO MTP Cost Feasible Projects Resolution: A resolution of the City
Commission of the City of Tamarac, Florida, supporting the Metropolitan Planning
Organization's Commitment 2045 "Cost Feasible" Metropolitan Transportation Plan (MTP)
projects located in the City of Tamarac and identified in the Cost Feasible Plan — Tamarac
attached hereto as Exhibit "A"; providing for conflicts; providing for severability; and providing
for an effective date.
RESOLUTION R-2019-63
n. TR13272 - Lenovo Computer Lease (Phase 3): A Resolution of the City Commission of the
City of Tamarac, Florida approving a new schedule to the Master Lease Agreement with
Lenovo Financial Services to lease ninety-three (93) Lenovo computers and sixteen (16)
docking stations for three (3) years at an annual cost of $29,706.25 for a total cost of
$89,118.75 at the end of three (3) years; authorizing the appropriate City Officials to execute
all necessary documents to effectuate the intent of this Resolution; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2019-64
p. TR13281 - FY 2020 Preliminary Stormwater Special Assessment: A Resolution Of The
City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Stormwater
Management Provided By The City's Stormwater Utility; Determining That Certain Real
Property Will Be Specially Benefited Thereby; Establishing And Confirming The Method Of
Calculating The Cost Of Stormwater Management Service Against The Real Property That
Will Be Specially Benefited Thereby; Directing The City Manager To Prepare Or Direct The
Preparation Of A Preliminary Stormwater Utility Management Fee Roll Based Upon The
Methodology Set Forth Herein; Establishing A Public Hearing For The Proposed Stormwater
Utility Management Fees And Directing The Provision Of Notice In Connection Therewith;
Providing For Conflict; Providing For Severability; And Providing For An Effective Date.
RESOLUTION R-2019-65
r. TR13283 - FY 2020 Preliminary Nuisance Abatement Assessment: A Resolution Of The
City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Nuisance
Abatement On Certain Real Properties By The City In Accordance With Chapter 9, Article II,
Division V Of The City's Code Of Ordinances; Determining That Certain Real Property Has
Page 3 of 13 COMMISSION MEETING July 10, 2019
Been Specially Benefited By The City's Abatement Of Nuisances Thereon; DirectingThe City
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Manager To Prepare Or Direct The Preparation Of A Preliminary Nuisance Abatement
Assessment Roll; Establishing A Public Hearing For The Proposed Levy Of Unpaid Nuisance
Abatement Assessments On The Annual Tax Bill And Directing The Provision Of Notice In
Connection Therewith; Providing For Conflict; Providing For Severability; And Providing For
An Effective Date.
RESOLUTION R-2019-66
t. TR13301 - Approve First Amendment to Transportation Surtax ILA: A Resolution of the City
Commission of the City of Tamarac, Florida, Approving the First Amendment to the
Transportation Surtax Interlocal Agreement (ILA) and Authorizing the Appropriate City
Officials of the City Of Tamarac, Florida to Execute the ILA; Providing for Conflicts; Providing
for Severability; and Providing an Effective Date.
RESOLUTION R-2019-67
f. TR13295 - Eden West Apartments — Vacation of Right-of-Way: A resolution of the City
Commission of the City of Tamarac, Florida, approving a Vacation of Right-of-Way petition in
an effort to vacate a portion of the public half right-of-way of NW 70 Avenue from NW 84
Avenue to N Pine Island Road, more specifically the 8400 Block to the 8800 Block of NW 70
Avenue as further described and shown in the legal description and sketch attached hereto
as Exhibit "A", to reduce the public right-of-way from four (4) lanes to two (2) lanes and
reversion of the ownership of the vacated right-of-way property to the owner of the abutting
property to the south of the vacated right-of-way in order to accommodate the Eden West
Apartments development; (Case No. 2-P-19); providing for conflicts; providing for severability;
and providing for an effective date. Commissioner Gelin seconded by Commissioner Bolton
moved approval of TR13295. City Attorney Goren read TR13295 by title into the record.
Attorney John Voight appeared on behalf of the applicant and indicated that this item is a
proposed vacation of a right-of-way for a linear park. Mayor Gomez opened the Public
Hearing and the following individuals spoke: Debbie Taylor, 7580 W. McNab Rd. said she
was in favor of the proposed project and Ron Barish, 7555 NW 99th Ave. asked for a 90-day
continuance on this in order to let a barber find a new place for his business. Mr. Voight said
they are still going thru the process and it will be more than 90 days before anyone is
required to vacate the premises. Motion passed unanimously (5-0).
RESOLUTION R-2019-69
Mayor Gomez moved out of the order of the Agenda to take up items 10(a) TO2405, 11(a)
TO2402 and 11(b) TO2403. Mayor Gomez said they will take up the items pulled from the
Consent Agenda after the above items were heard.
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 items scheduled for this meeting.
10. ORDINANCE(S) - SECOND READING:
a. TO2405 - Human Trafficking Public Awareness Signs Ordinance: An ordinance of the City
Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of
Page 4 of 13 COMMISSION MEETING July 10, 2019
10. ORDINANCE(S) - SECOND READING:
a. TO2405 - Human Trafficking Public Awareness Signs Ordinance: An ordinance of the City
Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of
Tamarac Code of Ordinances Land Development Code, entitled "Development and Design
Standards"; specifically, amending Section 10-4.10 entitled "Signs" by creating a new section
10-4.10(D)(3)(m) to be entitled "Human Trafficking Public Awareness Signs"; providing for
codification; providing for conflicts; providing for severability; providing for an effective date.
PASSED ON FIRST READING ON JUNE 12, 2019.
TABLED FROM THE JUNE 26, 2019 COMMISSION MEETING ON SECOND READING
City Attorney Goren read T02405 by title into the record. Commissioner Fishman seconded
by Vice Mayor Placko moved approval of TO2405 on Second Reading. Mayor Gomez
opened the Public Hearing and the following individuals spoke: Theresa (last name
unintelligible) was in favor or the ordinance; Ron Barish, 7555 NW 99th Ave. was in favor of
the ordinance and Michelle Jones, 5830 NW 64th Ave. asked for help in understanding what
the ordinance was to accomplish. With no one else wishing to speak, Mayor Gomez closed
the Public Hearing. Commissioner Fishman said the Whereas clauses of the Ordinance state
the intent of the Ordinance and read T02405 Whereas clauses into the record. Motion
passed unanimously (5-0).
PASSED ON SECOND READING JULY 10, 2019
ORDINANCE 0-2019-11
11. QUASI-JUDICIAL HEARING(S):
City Attorney Goren said the following two items, TO2402 and T02403 are companion items
and will be heard together and voted on separately. City Attorney Goren read TO2402 and
T02403 by titles into the record. City Attorney Goren went over the Quasi-Judicial processes
and procedures and the rules of conduct and civility. City Attorney Goren reminded the
Commission of the lawsuit that was filed yesterday relative to these matters and noted that
the City and 13th Floor have filed petitions. City Attorney Goren said that as of today there
has been no order from the Court. Commissioner Gelin seconded by Commissioner Bolton
made a motion to table these items until a Judge has made a ruling. Motion failed (3-2) with
Mayor Gomez, Vice Mayor Placko and Commissioner Fishman dissenting. City Clerk Teufel
swore in all affected parties. City Attorney Goren asked for disclosures from the Commission.
Commissioner Fishman met with the applicant and Mr. Backman; Commissioner Gelin met
with the applicant and the lobbying firm and did not take any campaign contributions from the
applicant. Commissioner Gelin asked the Commission to disclose if they took any campaign
contributions from 13th Floor or Mr. Backman: Commissioner Fishman said in 2016 she did
take contributions from 13th Floor and Mr. Backman; Vice Mayor Placko said she met with Mr.
Backman, the applicant and Mr. Dan Daley and in 2017 she took contributions from both;
Commissioner Bolton said he met with Mr. Backman, Mr. Nunziata and Mr. Daley; Mayor
Gomez said she met with Mr. Daley, Mr. Nunziata and Mr. Backman and received a
campaign contribution from Mr. Backman in 2014. Mayor Gomez said she did not receive
campaign contributions in 2018. Mayor Gomez said she does not have a conflict of interest
and has been a resident of the Woodlands for 25 years, owns two properties and is also on
the Broward County Planning Council. City Attorney Goren said the Mayor's ownership of
property is not a violation of your right to vote; you have no conflicts. Commissioner Bolton
Page 5 of 13 COMMISSION MEETING July 10, 2019
REVISED AUGUST 26, 2019
asked if it would be a conflict of interest if the Mayor's law firm did any title work for 13th Floor
and Mayor Gomez responded that she has no legal relationship with 13th Floor.
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 the Planning Board voted to
approve both items 3-2. Community Development Director Calloway said staff is also
recommending approval. City Attorney Goren noted for the record that staffs PowerPoint
presentation is now part of the record.
Mayor Gomez opened the floor for questions from the people that filed Affected Party
Registration Forms. City Attorney Goren said this is not the time for the Affected Parties to
make comments, but to ask questions from the staff. The City's Traffic Engineer from
Traftech Engineering, Joaquin Vargas, responded to questions about the traffic study from
Laurence Mellgren. Sandra Hill, Stanley C. Tracey, Gordon and Deborah Merritt had no
questions for staff. City Attorney Goren said Jose Spena is represented by legal counsel,
John Herin. Mr. Herin said his firm is the attorney of record for Mr. Pena and asked that a
copy of his Petition be entered into the record. Community Development Director Calloway
responded to questions from Mr. Herin regarding the notices for the May 1, 2019 and July 3,
2019 Planning Board Meetings; ex officio Broward County School Board Member; recreation
and open space and stormwater. Mr. Vargas responded to questions about traffic and the
traffic study. Community Development Director Calloway answered questions about the
policies contained in the Comprehensive Plan; zero lot lines. Mr. Herin said for the record
Jose Spena would like to introduce himself to the Commission and question the staff.
Community Development Director Calloway responded to questions from Mr. Spena and Mr.
Herin about some of the Objectives of the Comprehensive plan; adhering to the requirements
of the Comprehensive Plan and endangered species of trees. Mr. Spena wanted to know if
the golf industry is struggling, why did the City by a golf course. Attorney Michael Moskowitz,
Co-counsel of Mr. Scott Backman, talked about the Resolution that Lauderhill passed in
opposition to this project and responded to questions about the letter from the School Board.
Mayor Gomez recessed the meeting at 9:37 p.m. and reconvened the meeting at 9:55 p.m.
Commissioner Gelin rejoined the meeting at 9:39 p.m.
Mr. Backman appeared and gave a presentation (Applicant's Exhibit 1), a copy of which is on
file in the City Clerk's Office, and said the focus of his presentation will be on 13th Floor, the
golf industry and the Woodlands Operations. Mr. Backman stated for the record that the
applications, all materials and backup previously submitted are all part of the record tonight.
Mayor Gomez opened the floor for questions from the people that filed Affected Party
Registration Forms. Mr. Backman responded to a few questions from Laurence Mellgren and
questions from Stanley Tracey about toxic substances in the Woodlands, the maintenance of
roads, gates and restricting the project to 423 homes. Mr. Backman and Mr. Moskowitz
responded to questions from Mr. Herin about the applicant's PowerPoint presentation and
admitting more documents into the record and Mr. Herin's request to strike the applicant's
presentation from the record. Mr. Backman responded to questions from Mr. Herin regarding
the PowerPoint presentation and the information contained therein being relative to the LUPA
and Rezoning.
Commissioner Gelin left the meeting at 10:40 a.m. Vice Mayor Placko left the meeting at
10:49 p.m. and returned at 10:52 p.m. Commissioner Bolton left the meeting at 10:50 p.m.
Page 6 of 13 COMMISSION MEETING July 10, 2019
REVISED AUGUST 26, 2019
Development Director Calloway responded to Mr. Herin's question about section 15.1(6) level
of service and said this will be addressed at site plan level.
Commissioner Gelin returned to the meeting at 11:19 p.m.
Mayor Gomez called Mr. Andy Felix, who filed the Affected Party Registration Form, to ask
the applicant questions. Mr. Nuziata responded to questions about the first time 13th Floor
met with Clublink and the dying state of the golf industry. There was a discussion regarding
what is and what is not considered evidence according to the Code. Mr. Tracey expressed
his concern about toxins, the impact on the existing homes, berms and flooding and ended by
saying he is opposed to this project. Mr. Merritt talked about the golf industry and said the
Woodlands is more than vacant land. Mr. Spena submitted pictures of flooding and talked
about recent flooding, loss of natural environmental resources, loss of way of life with nature,
loss of tree canopies, the need to preserve green space and requested that this not move
forward. Mr. Herin asked for and gave his closing arguments. Mr. Herin went over in detail
how the materials submitted in support of the application failed to meet the Comprehensive
Plan and said this must be denied according to State Law. Community Development Director
Calloway responded that in staffs opinion all requirements have been met.
Commissioner Gelin left the meeting at 12:04 a.m. and returned at 12:13 a.m. on Thursday,
July 11, 2019.
Mr. Felix talked about the golf culture and the dying industry and went over in detail an article
about TWC Enterprises which owns Clublink and their 1st Quarter 2019 results. Mr. Herin
talked of sitting as a Special Magistrate and in Tamarac people are told they have to follow
the Code, but staff did not follow the Code. The evidence is that your application has not
been processed according to the City's code, errors have been made and not corrected. The
proper thing to do is to deny this application and tell everyone they have to do a better job.
Mr. Herin asked the Commission to deny this application for these reasons that show criteria
has not been met.
Mayor Gomez opened the Public Hearing and the following individuals were opposed to the
project: Jeffrey Shapiro, Thomas Harney, Anthrea Pennant, Judith Jagoda, Naomi Benton-
Brown, Pam Davidson, Joel Davidson, Harvey Quenton, William Goffinet, JP Sandal, Tyson
Jones, Judy Margolis, Nirupa Achaibar, Barbara Sams, Sue Roberts Daspit, Phil Daspit,
Leonard Nixon, Stephen Fain, Ernest Perez, Patti Atkins Grad.
The following individual spoke in favor of the project: Karen Malkoff. The following individuals
made other comments: Dr. Bud Fein and Marilyn Tupperhouse.
All pertinent information on the speakers is on file in the City Clerk's Office.
With no one else wishing to speak, Mayor Gomez closed the Public Hearing. Community
Development Director Calloway and Mr. Backman addressed some of the concerns raised at
the Public Hearing. Attorney Moskowitz addressed some legal issues that were brought up
and said the applicant has established competent and substantial evidence and said the
applicant has met its burden and is entitled to have this approved.
Mayor Gomez recessed the meeting at 2:15 a.m. and reconvened the meeting at 2:28 a.m.
with all present as before. Mayor Gomez opened the floor for Commission discussion.
Page 7 of 13 COMMISSION MEETING July 10, 2019
Mr. Backman responded to questions about traffic, water and stormwater capacity,
landscaping, tree removal and confirmed that there is approximately 109 acres that is not in
the LUPA. Mayor Gomez asked if the applicant was agreeable to having the Site Plan go
before the Commission and Mr. Backman said yes, they would not object to having it called
up before the Commission. Mayor Gomez also said she wants the LUPA and Rezoning as
well as the Site Plan to come before the Commission at the same time and Mr. Backman said
the applicant will agree to that as well. Mayor Gomez said there is a contingency for approval
restricting this project to 423 homes but that it could be less than 423 when it comes back to
the Commission and Mr. Backman agreed. Mayor Gomez asked Mr. Backman to confirm that
in the Restrictive Covenants and Development Agreement there is no ability for the applicant
to go back up to 800 homes and change the amount of density and Mr. Backman said there
is no intention to do that at all. Mayor Gomez asked that if the Rezoning goes through there
will be no two-family homes, townhouses or zero lot lines and Mr. Backman said that is
correct.
Commissioner Gelin said Commission Members are voted in by District with the Mayor being
At-Large. Other cities are at large and said Tamarac can be also. It can be changed, and we
can get a petition on the ballot to have all seats At-Large. City Attorney Goren said you would
need a certain percentage to get an At-Large election instead of districts. Community
Development Director Calloway responded to questions about the objectives in the
Comprehensive Plan and the composition and terms of the Planning Board members. City
Attorney Goren said the current appointees are legally on the board until new appointments
are made. Community Development Director Calloway continued to respond to questions
regarding the objectives in the Comprehensive Plan. At the request of Commissioner Gelin
City Attorney Goren gave his definition of a "site plan". Community Development Director
Calloway noted that Tamarac Staff has met with Lauderhill Staff regarding traffic and we will
continue to coordinate with them. Mr. Backman responded to questions regarding traffic
studies; access to the new clubhouse by all the residents of the Woodlands; questions about
the applicant's return on their investment; and the golf industry. Staff and Mr. Backman
responded to questions from Commissioner Gelin about what cities they live in. There was a
discussion on how this development will affect the local economy, how it would affect the
City's staffing levels and the effect on home values in the area. Commissioner Gelin said he
was surprised at how many people are against this despite all the efforts the applicant has
made. Mr. Backman said there are as many people for this project as there are against and
there are some people in the middle. Mr. Nunziata said this is a change and it is tough to
accept change. Commissioner Gelin said he has nothing against Mr. Nunziata or Mr. Daley
and he was not trying to imply or criticize his fellow Commission for taking campaign money
from the applicant. It is legal to take money from some lobbyist and vote for or against a
project. City Attorney Goren confirmed that if you take money as a campaign contribution it is
not a violation of law unless the money is taken as Quid-Pro-Quo. Commissioner Bolton
talked about his campaign in 2016. Commissioner Bolton said he believes tonight is a waste
of time for the residents because this is a done deal, the same as the Self-Storage facility.
Commissioner Bolton said we will probably end up with a 3 to 2 vote for this project.
Commissioner Bolton said he was the only Commissioner that attended the Lauderhill
Meeting at which time a Resolution was passed opposing this project due to increased traffic
concerns. Commissioner Bolton talked about his concerns of level of service provided by first
responders due to the increase in the number of residents and these concerns need to be
addressed sooner rather than later. Community Development Director Calloway responded to
questions from Commissioner Bolton about open space and facilities on the east side.
Page 8 of 13 COMMISSION MEETING July 10, 2019
Commissioner Bolton asked Mr. Backman if the applicant will be addressing flooding
concerns and Mr. Backman said yes. Mr. Backman also responded to questions from
Commissioner Bolton about traffic concerns, the number of homes being built and his
concern about the applicant coming back, increasing the number of homes from 423 homes
to a higher number and the possibility of 13th Floor walking away from the project. Mr. Hagen
responded to questions about traffic.
Commissioner Gelin left the meeting at 3:53 a.m. and returned at 3:56 a.m. Commissioner
Fishman left the meeting at 3:56 a.m. and returned at 3:58 p.m.
Commissioner Bolton expressed his concern about the value of homes in the area going
down and several objectives in the Comprehensive Plan. Mr. Herin responded to questions
from Commissioner Gelin regarding staffs report and competent and substantial evidence
and noted that the process in the City's Regulations have not been followed by the City.
Community Development Director Calloway and Mr. Carl Peterson responded to
Commissioner Gelin's questions about traffic studies. Commissioner Gelin commented that
more comprehensive traffic studies should be done now and not wait for Site Plan. City
Manager Cernech said if it the desire of the Commission it can be done now.
Vice Mayor Placko said she is concerned about Clublink's past history of shutting golf
courses down and asked is the Land Use Amendment and Rezoning coming back before the
Commission with the Site Plan and Mr. Backman said yes they will if that is what the
Commission wants. Vice Mayor Placko noted that she disagreed with Commissioner Bolton's
assessment that people have wasted their time here tonight. Vice Mayor Placko said she
would like to give the community something that will benefit them. Vice Mayor Placko said at
this point she would vote no.
Commissioner Bolton asked if this gets voted down tonight can the developer come back at a
future date and City Attorney Goren said yes and absent the litigation, at the end of the day
you can reject both tonight. Commissioner Bolton said he has been inside the Woodlands
and thinks that something needs to be done, what that something is he does not know. There
are some areas that are pristine and others that are not up to par. Commissioner Bolton says
he does like some elements of the project and if people say no to everything, that is not a
good decision. Commissioner Bolton says he does not want 13th Floor to think he is against
them totally but elected officials need to vote with the residents and he stands for the
residents.
Vice Mayor Placko said we have to compromise and give them a chance and if Clublink
closes their doors that place will become a mess because they will not take care of it.
Commissioner Gelin said he disagrees with Vice Mayor Placko and we will lose leverage if
we vote now; if we vote no they can come back. His overwhelming response is no.
Commissioner Fishman talked about a candidate's right to take campaign contributions.
Commissioner Fishman said this is a Quasi-Judicial hearing and she has done her homework
prior to coming in here and has listened to the testimony and questions. Commissioner
Fishman said she too has had concerns but that does not mean that her mind was made up
prior to tonight. Mayor Gomez said there were some comments from the Commission that
there will be no outreach with the residents going forward if this goes forward and Mr.
Backman said that is incorrect they will continue with community outreach. Mayor Gomez
asked if that will continue with the Site Plan and will you continue to hold special meeting with
the community and Mr. Backman said yes.
Page 9 of 13 COMMISSION MEETING July 10, 2019
Commissioner Bolton made a substitute Motion to oppose 11(a) TO2402 — Woodlands
Country Club Large Scale Land Use Plan Amendment. Motion failed (2-3) with Mayor
Gomez, Commissioner Fishman and Vice Mayor Placko dissenting.
a. TO2402 - Woodlands Country Club Large Scale Land Use Plan Amendment: An ordinance
of the City Commission of the City of Tamarac, Florida, adopting a Large-Scale Land Use
Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in
accordance with Chapter 163, specifically Section 163.3184 of the Florida State Statutes, for
said lands situated, lying, and being in Broward County, Florida, and known as "The
Woodlands" and located at or bounded by west Commercial Boulevard to the North, Rock
Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South, and
more particularly described in the legal description shown in Exhibit "A" attached hereto, to
change the future land use designation of approximately 165.53 gross acres of land from
"Commercial Recreation" to "Low (5) Residential" to facilitate and allow for the development
of a residential use by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent
for the property owner, Clublink US Corporation and provide consistency with the Land
Development Code in accordance with the intent of the Comprehensive Plan of the City of
Tamarac; (Case No. 1-LUA-19) authorizing transmittal of the Large-Scale Land Use Map
Amendment to the Department Of Economic Opportunity and appropriate reviewing agencies
and the Broward County Planning Council for review, approval and recertification of the City
of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect
such change; providing for conflicts; providing for severability; and providing for an effective
date.
Vice Mayor Placko seconded by Commissioner Fishman moved approval of 11(a) —
Woodlands Country Club Large Scale Land Use Plan Amendment. Motion passed (3-2) with
Commissioners Bolton and Gelin dissenting.
PASSED ON FIRST READING JULY 10, 2019
Commissioner Bolton made a substitute Motion to oppose 11(b) TO2403 — Woodlands
Country Club Large Scale Land Use Plan Amendment. Motion failed (2-3) with Mayor
Gomez, Commissioner Fishman and Vice Mayor Placko dissenting.
b. TO2403 - Woodlands Country Club Rezoning: An ordinance of the City Commission of the
City of Tamarac, Florida, amending the official Zoning Map of the City of Tamarac referenced
in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for said lands
situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and
located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the
east, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly
described in the legal description shown in Exhibit "A" attached hereto, to rezone
approximately 115.86 acres from RC (Recreation) zoning classification to RE (Residential
Estate) zoning classification and approximately 49.67 acres from RC (Recreation) to R-2
(Two Family Residential) zoning classification, to facilitate the development of a residential
use by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property
owner, Clublink US Corporation and provide consistency with the Land Development Code in
accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 3-Z-
19); providing for amendment to the official Zoning Map to reflect such change; providing for
conflicts; providing for severability; and providing for an effective date.
Page 10 of 13 COMMISSION MEETING July 10, 2019
Commissioner Fishman seconded by Vice Mayor Placko moved approval of 11(b) TO2403 —
Woodlands Country Club Rezoning. Motion passed (3-2) with Commissioners Bolton and
dissenting.
PASSED ON FIRST READING JULY 10, 2019
Mayor Gomez recessed the meeting at 4:56 a.m. and reconvened the meeting at 5:05 a.m.
with all present as before.
Ma
yor Gomez moved back to the order of the agenda to take up items 6c, 6g, 6i, 6j, 61, 6o,
6q and 6s on the Consent Agenda
Commissioner Gelin seconded by Commissioner Bolton made a motion to withdraw his
request to discuss items 6c, 6g, 6i, 6j, 61, 6o, 6q and 6s on the Consent Agenda all were in
agreement.
Commissioner Gelin seconded by Commissioner Bolton moved to approve items 6c, 6g, 6i,
6j, 61, 6o, 6q and 6s on the Consent Agenda. Motion passed unanimously (5-0).
CONSENT AGENDA:
c. TR13287 - Tire Purchase Utilizing FSA Bid Award #FSA19-TRS21.0: A resolution of the
City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to
approve expenditures for tires used by various City departments in an amount not to exceed
$90,000 annually from authorized vendors, including, but not limited to Tiresoles of Broward,
Inc., utilizing the Florida Sheriffs Association Agreement #FSA19-TRS21.0 for tires; effective
upon approval through February 28, 2022 or as extended by the Florida Sheriffs Association;
authorizing proper City officials to execute contract renewals; providing for severability; and
providing an effective date.
RESOLUTION R-2019-68
g. TR13305 - CDBG Annual Action Plan FY 2019/2020: A resolution of the City Commission
of the City of Tamarac, Florida, approving the projects recommended for inclusion in the
Fiscal Year 2019 Annual Action Plan attached hereto as Exhibit "1", for expenditure of the
United States Housing and Urban Development Community Development Block Grant Funds
estimated to be $399,552 for the twentieth program year; authorizing the Mayor or
appropriate City Officials to execute Fiscal Year 2019-2020 Annual Action Plan federal
application for funding; providing for conflicts; providing for severability; and providing for an
effective date
RESOLUTION R-2019-70
i. TR13309 - Local Housing Assistance Plan (CHAP) FY 2019/20 - FY 2021/22: A resolution
of the City Commission of the City of Tamarac, Florida approving the Local Housing
Assistance Plan (CHAP) as required by the State Housing Initiatives Partnership Program
Act, Subsections 420.907-420.9079, Florida Statutes; and rule Chapter 67-37, Florida
Administrative Code; authorizing and directing the Mayor to execute any necessary
documents and certifications needed by the State; authorizing the submission of the Local
Housing Assistance Plan for review and approval by the Florida Housing Finance
Corporation; authorizing the appropriate City Officials to accept the State of Florida's State
Housing Initiatives Partnership (SHIP) program budget by accepting the Fiscal Year 2019,
Page 11 of 13 COMMISSION MEETING July 10, 2019
2020, and 2021 allocations of the program funds to be utilized according to the City's Local
Housing Assistance Plan and Housing delivery goals chart; that the appropriate City Officials
are hereby authorized to appropriate said funds including any and all subsequent budgetary
transfers to be in accordance with proper accounting standards; providing for conflict;
providing for severability; and providing an effective date.
RESOLUTION R-2019-71
j. TR13279 - FY 2020 Preliminary Millage Rate Resolution: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the Proposed Millage Rate of 7.2899
mills for general operating purposes, approving September 13, 2019, AT 5:05 p.m. at the
Tamarac Commission Chambers, 7525 N.W. 88TH Avenue, Tamarac, Florida, as the date,
time and place for the first public hearing to set the Tentative Millage Rate and Budget for
Fiscal Year 2020; approving September 25, 2019 AT 5:05 p.m. at the Tamarac Commission
Chambers, 7525 N.W. 88TH Avenue, Tamarac, Florida as the date, time, and place for the
second public hearing to adopt the Millage Rate and Budget for Fiscal Year 2020; authorizing
the City Manager to send the Proposed Millage Rate of 7.2899 and the date, time and place
for both the first and second public hearings to the Broward County Property Appraiser for
Fiscal Year 2020; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2019-72
I. TR13280 - FY 2020 Preliminary Fire Rescue Special Assessment: A Resolution Of The City
Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Fire Rescue
Services, Facilities And Programs In The City Of Tamarac, Florida; Establishing The
Estimated Assessment Rate For Fire Rescue Assessments For The Fiscal Year Beginning
October 1, 2019; Directing The Preparation Of An Assessment Roll; Authorizing A Public
Hearing And Directing The Provision Of Notice Thereof; Providing For Conflicts; Providing
For Severability; And Providing An Effective Date.
RESOLUTION R-2019-73
o. TR13306 - Amending the Broward Redevelopment Program Grant for Tamarac Village: A
Resolution of the City Commission of the City of Tamarac, Florida providing for a second
amendment to the Broward Redevelopment Grant Program Interlocal Agreement between
Broward County and the City of Tamarac through the Broward County Environmental
Protection and Growth Management Department for the Tamarac Village Development
Project; authorizing and providing for the appropriate City Officials to execute the necessary
documents required to amend this agreement; providing for conflicts; providing for
severability; and providing for an effective date
RESOLUTION R-2019-74
q. TR13282 - FY 2020 Solid Waste Collection Assessment: A Resolution Of The City
Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Residential Solid
Waste Collection Services And Facilities And Programs In The City Of Tamarac, Florida;
Providing For Purpose And Definitions; Providing For Legislative Determinations;
Establishing The Estimated Rate For The Residential Solid Waste Collection Services
Assessment For The Fiscal Year Beginning October 1, 2019; Directing The Preparation Of A
Residential Solid Waste Collection Services Special Assessment Roll; Authorizing A Public
Hearing And Directing The Provision Of Notice Thereof; And Providing An Effective Date.
RESOLUTION R-2019-75
Page 12 of 13 COMMISSION MEETING July 10, 2019
s. TR13307 - Office Supplies: A Resolution Of The City Commission Of The City Of Tamarac,
Florida, Authorizing The Appropriate Officials To Award And Execute An Agreement For
Office Supply Needs With Office Depot, Inc. On Behalf Of The Southeast Florida
Governmental Purchasing Cooperative And The Omnia Partners, LLC, Consortium Utilizing
Pricing Provided Through Request For Proposal #19-12R For The Period Of October 14,
2019 Through October 13, 2023, With One (1) Four (4) Year Renewal Option; Approving The
Early Termination For Convenience Of The Agreement With Office Depot Dated October 18,
2016 For The Period From October 14, 2019 Through October 17, 2019; Authorizing The City
Manager To Approve And Accept Renewal Options; Providing For Conflicts; Providing For
Severability; And Providing For An Effective Date.
RESOLUTION R-2019-76
12. OTHER
There being no further business to come before the City Commission, Mayor Gomez
adjourned the meeting at 5:09 a.m. on Thursday, July 11, 2019.
3/4-lake j 4-- _
, ___
Michelle J. GomezMayor
Patricia Teufel, C C
City Clerk
I
I
Page 13 of 13 COMMISSION MEETING July 10, 2019