HomeMy WebLinkAbout2020-05-27 - City Commission Regular Meeting Minutes City of Tamarac
City Commission Minutes
Wednesday, May 27, 2020
CALL TO ORDER
Mayor Gomez called the Wednesday, May 27, 2020, Virtual City Commission meeting to order
at 9:303 a.m.
ROLL CALL
Mayor Gomez, Vice Mayor Bolton, Commissioner Fishman and Commissioner Placko were
present. Commissioner Gelin joined the meeting at 9:40 a.m.
Also present were City Manager Michael Cernech, City Attorney Sam Goren, and City Clerk
Jennifer Johnson.
PLEDGE OF ALLEGIANCE
Commissioner Fishman led the Pledge of Allegiance.
Mayor Gomez provided welcome remarks and reminded those watching of the options for public
access.
1. PROCEDURES FOR VIRTUAL MEETINGS
City Attorney Goren reviewed the procedures previously adopted for all commission meetings
conducted using communications media technology ("CMT"), and in accordance with Governor
DeSantis' Executive Orders 20-51, 20-52, 20-69 and 20-112.
2. PROCLAMATIONS AND PRESENTATIONS
None.
3. CITY COMMISSION REPORTS
a. Vice Mayor Bolton
Vice Mayor Bolton stated Memorial Day was like no other. He stated he went to Veterans
Park and laid a wreath at the site and posted the photos to Facebook. The residents were
very happy that was able to be done. Bolton stated, on Saturday he was at Caporella Park,
and reported lots of residents still don't have masks and don't feel safe. Residents have
reported to him, they want to open but safely. Bolton stated he handed out masks to make
sure the residents are kept safe. Bolton stated he wanted to provide greetings to his Muslim
friends in Tamarac after Ramadan ended. He made relevant posts on Facebook regarding
the matter. Bolton stated, if anyone would like to see what he is doing in the City, or his
District, they can go to his Facebook page Facebook.com/Commissioner Marlon Bolton.
Bolton provided his personal cell number 954-275-3850. He provided his office number 954-
597-3463. Bolton wished everyone a Happy Memorial Day, and wished himself a happy
birthday Sunday, and hopefully he will be healthy for his birthday. Bolton stated, you never
know what can happen between meetings. Bolton wished everyone who is a father, Happy
Father's Day, and stated he is a father to a five-year-old named Matthew. Bolton also stated
his son is a talker and may grow up to be a lawyer one day.
Mayor Gomez wished Vice Mayor Bolton an early birthday, and stated Commissioner Gelin
was not present to give a report.
b. Commissioner Fishman
Commissioner Fishman wished Vice Mayor Bolton a Happy Early Birthday. Fishman
thanked everyone involved in the Memorial Day video, and stated it was a wonderful tribute
to the Veterans we have in our City. While we could not enjoy our regular ceremony for
Memorial Day, it was very moving to watch the video. Fishman also wished everyone a
Happy Early Father's Day.
c. Commissioner Placko
Commissioner Placko wished Vice Mayor Bolton Happy Early Birthday, and Happy Early
Father's Day to all the fathers. Placko stated she has received a lot of feedback regarding
opening. Everybody, at this point, has to make the decision that is best for them. Placko
stated, we all get to choose now. I have gotten push back on both sides, and you need to
make a decision that is best for you and what you are comfortable with.
d. Mayor Gomez
Mayor Gomez stated she appreciated all the work that went into the Memorial Day video.
She appreciates all our Veterans, including all the men and women we don't know about
and they serve our City very well. Gomez stated there are still a lot of meetings going on
about the reopening of our cities, our county, and state. It is up to us to make the decision
on what's best for us. The decision I make, about my health, with help taking care of you. If I
don't feel well, I stay home. Same for anyone else. If you don't feel comfortable, don't go
out. If you do decide to go out, stay local and try to support our local businesses.
4. CITY ATTORNEY REPORT
City Attorney Goren referenced the four executive orders by the Governor, and for the
purpose of 20-112 re-emphasized the virtual quorum. Public business is to continue. Moving
forward, under the rules you adopted, subordinate local government meetings may take
place at the City Manager's discretion. Goren stated he would keep the Commission posted
on any changes.
5. CITY MANAGER REPORT
City Manager Cemech stated the City is welcoming the swim team back to the Aquatic
Center. Depending on how things go, we will determine if when we will be opening the
Aquatic Center to the public. The Dog Park is open, and we have been monitoring park
attendance and behavior. Everyone seems to be doing their best to be respectful of one
another. The numbers are not as high as expected, so we will be opening to non-residents
starting later this week. The Red route and Red Extension Community Bus Shuttle will be
back online this week. The Fitness Center, at the Aquatic Center, will reopen Friday. It will
be open Monday— Friday 6 a.m. to 7 p.m. Saturday from 7:30 a.m. —6 p.m. and closed
Sundays. It will also be closed from 2 p.m. —3 p.m. daily for cleaning.
6. PUBLIC PARTICIPATION
Mayor Gomez opened for public participation and read instructions describing the public's
access during a virtual meeting.
Mayor Gomez asked the City Clerk if there were any comments submitted via email.
City Clerk Johnson, read the following comments submitted via email or Facebook into the
record.
1) Jorel Sabado, via email, Hello, My name is Jorel and I work with Bron, the property
registration service vendor on behalf of mortgage servicers. I am emailing you today with
regards to any changes in your procedure which may be impacted due to the recent
events caused by COVID-19.
As vacant property registration fees as well as late fees are time-sensitive, we
would like to inquire about the following,
- Would you prefer we wait until events have subsided?
- Is there anyone in the office to accept mail?
- Will there be a grace period if renewal is due?
- Will fines be assessed if registration is not received?
- When is the expected date of return to work if office/registration program is shut down?
Please inform if your local municipality/county/state government has implemented
moratoriums on the following programs:
- Foreclosures (if on hold, will payments be deferred until a later date or waived
completely?)/Date of stay?
- Evictions/Date of stay?
- Violations/Date of stay?
- Utility stoppage/Date of stay?
Please state or provide any examples of acceptable proof needed to show COVID-19
related loss in order to qualify for these support programs and how long these programs are
to be implemented for.
If this information is unknown or the incorrect contact has been reached, please defer this
message to the person who handles the moratorium law. Please also feel free to call at the
below contact card should any of the requested information remain unclarified.
2) John Hamilton, via email, as a resident of the Woodlands community I strongly urge the
commission to approve the agenda item introduced by Commissioner Gelin to hire an
independent, third party to survey the entire Woodlands community to gain an accurate
perspective on how the residents feel about the ongoing proposed development of their
property. It is in the best interests of all parties involved to have an unbiased, neutral
accounting of the of the feelings this issue will certainly affect the most, the residents of
the community.
3) Jose Spena, of 5721 Coco Palm Drive, Tamarac, and by telephone, stated the City staff
and Commission rushed to create and approve an ordinance to help real estate
developers before doing anything for the residents. This may help real estate developers
by lowering impact fees, help them make more money when their projects are finished,
and they sell the units for market price years later. They will not transfer savings to future
buyers, it will go to stockholders, but will be paid by all current and future residents and
possibly decrease quality of life. Staff justifies this incentive as a benefit to the residents,
but it is not. If future city revenues could be used to benefit the community, then why not
give it back to the community such as a property tax cut. It was pushed in the past two
meetings, back-to-back, and I would like to know who profits from our future resources
and how much they receive.
Mayor Gomez closed public comment.
7. CONSENT AGENDA
a. Approval of the March 19, 2020, Special City Commission Workshop Minutes
b. Approval of the May 13, 2020, City Commission Workshop Minutes
c. TR13381 —WTP Wells 9, 15, 16, 17
A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a
purchase agreement with Florida Design Drilling Corporation (FDD) for the Water
Treatment Plant Wells 15, 16 and 17 Project authorizing an expenditure of funds for an
amount not to exceed $243,269.70 including a contingency in the amount of $29,192.36
for a project total not to exceed $272,462.06; providing for conflicts; providing for
severability; and providing for an effective date.
Commission District(s): District 2
Citywide
d. TR13428 —Approval of Assignment Agreement for Utility Billing Services
Contractor— InfoSend, Inc. (Formerly Southwest Direct, Inc.)
A Resolution of the City Commission of the City of Tamarac, Florida, approving an
assignment to assign the contract award of Utility Billing, Printing and Mailing Services
from Southwest Direct, Inc., to InfoSend, Inc., pursuant to the purchase of the assets of
Southwest Direct, Inc. by InfoSend, Inc., for the remainder of the contract term through
June 25, 2021 and Florida Contract#18-7312; authorizing the appropriate City officials
to execute the agreement between the City of Tamarac and Southwest Direct Inc.;
providing for conflicts; providing for severability; and providing for an effective date .
Commission District(s): Citywide
e. TR13431 — Hurricane Irma Rebuild Grant Programs Applications
A Resolution of the City Commission of the City of Tamarac, Florida, approving and
authorizing the appropriate City Officials to apply for and receive financial assistance for
the Hurricane Irma Rebuild Florida grant programs; providing for conflicts; providing for
severability; and providing for an effective date.
f. TR13432 — FS36 Fire Alerting System
A Resolution of the City Commission of the City of Tamarac, Florida, approving Change
Order No. 2 to the agreement with Keylite Power & Lighting Corporation for the
installation of the Fire Station 36 Alerting System utilizing Contract No. R1426611 P1
awarded by Broward County Board of County Commissioners; authorizing an
expenditure from the appropriate accounts in an amount not to exceed $173,154.31;
providing for conflicts; providing for severability; and providing for an effective date.
Commission District(s): District 4
Citywide
g. TR13439 — Resolution of Support for the Tamarac Mainlands 1-5
A Resolution of the City Commission of the City of Tamarac, Florida, providing a
resolution of support for the Mainlands 1-5 Pavement and Resurfacing Project,
approving and authorizing the appropriate City Officials to apply to Broward County for
Cycle 1 Rehabilitation and Maintenance (R&M) Surtax funding via an application
process through the Broward Mobility Advancement Program —Surtax Administration in
an amount not to exceed $3,000,000 for the Mainland 1-5 Pavement & Resurfacing
Project; providing for conflicts; providing for severability; and providing for an effective
date.
Commission District(s): District 1
Mayor Gomez asked the City Manager if there are any additions or deletions.
City Manager Cernech stated there were no additions or deletions.
Mayor Gomez called for a motion and a second to approve the Consent Agenda.
Commissioner Fishman motioned to approve. Vice Mayor Bolton seconded. Clerk Johnson
conducted a roll call vote and the motion to approve carried unanimously 5-0.
8. REGULAR AGENDA
a. TR13416 — LaTaberna Nightclub, Special Extended Hours Permit
A Resolution of the City Commission of the City of Tamarac, Florida, approving the
Special Extended Hours Permit for LaTaberna Nightclub located at 5303 State Road 7,
Tamarac, Florida, allowing the sales of alcoholic beverages for consumption on-
premises only from 2:00 a.m. to 4:00 a.m. Thursday, Friday, Saturday and Sundays
before a holiday, in accordance with Section 3-4 of the City of Tamarac Code of
Ordinances; providing for conflicts; providing for severability; and providing for an
effective date.
Commission District(s): District 1
City Attorney Goren read the title for the record.
Mayor Gomez called for a motion and a second.
Commissioner Fishman motioned to approve. Commissioner Placko seconded.
City Attorney Goren stated the backup information has been provided. Director of
Community Development Director Maxine Calloway provided background information
related to the item stating LaTaberna is the first to apply using the amending ordinance.
Discussion by the Commission ensued regarding the annual fee being $400, must reapply
after one year, how this application compared to Moments nightclub and if the Broward
Sheriffs Office has received any complaints or violations against the establishment.
City Clerk confirmed there were no comments from the public.
Following discussion, Clerk Johnson conducted a roll call vote and the motion to approve
carried unanimously 5-0.
b. TR13426 — Denouncing White Supremacy
A Resolution of the City Commission of the City of Tamarac, Florida, condemning and
denouncing white supremacy, bias and hate in all of its forms; committing to ensuring
civil and human rights are afforded to all individuals in the City of Tamarac; and
reaffirming Tamarac's commitment to peace, respect, inclusivity, and equity for all;
providing for conflicts; providing for severability; and providing for an effective date.
Commission District(s): District 1
City Attorney Goren read the title for the record, stating this resolution was deferred from to
previous meeting.
Mayor Gomez called for a motion and a second.
City Attorney Goren clarified that the item before the Commission is the revised document
that was tweaked prior to the previous meeting to this meeting.
Commissioner Fishman requested the item be table the item to the June 10, 2020 meeting.
Commissioner Gelin seconded. City Clerk Johnson conducted a roll call vote and the motion
to table until the June 10, 2020 meeting carried 4-1 with Vice Mayor Bolton dissenting.
Mayor Gomez called for a brief recess at 10:10 a.m. and returned at 10:20 a.m.
c. TR13429 —Adoption of Go-Forward Roadway Landscape Master Plan
A Resolution of the City Commission of the City of Tamarac, Florida, providing for the
adoption of the Go-Forward Roadway Landscape Master Plan, April 2020, prepared by
Miller-Legg, attached hereto as "Exhibit A"; providing for the implementation of the
design guidelines and typical conceptual landscape corridors for the roadways within the
plan; providing for the application of the implementation strategy and cost estimates
within the plan; providing for the acceptance of the recommendations with the plan;
providing for conflicts; providing for severability; and providing for an effective date.
Commission District(s): Citywide
City Attorney Goren read the title for the record.
Mayor Gomez called for a motion and a second.
Commissioner Placko motioned to approve. Commissioner Fishman seconded.
Community Development Director Maxine Calloway introduced the item and turned the
presentation over to Brian Shore and Ludmila Fuentes of Miller-Legg. Shore and Fuentes
provided a presentation that is available for review in the City Clerk's Office.
Mayor Gomez opened for public comments, and there were none.
Following the presentation, discussion by the Commission related to number of trees in the
City, native versus non-native trees, age of the City's irrigation system, costs and funding
options, and prioritizing annually as part of the Capital Improvement Program.
Calloway clarified that this is an approval of the landscape master plan, and any funds
expended in the future to implement the plan would need Commission approval. The
recommendation is a 10-year implementation plan, with targeting areas annually.
Following discussion, City Clerk Johnson conducted a roll call vote and the motion to
approve carried unanimously 5-0.
d. TR13430 — Citizen Participation Pan and FY19-20 Action Plan Amendment
A Resolution of the City Commission of the City of Tamarac, Florida, approving an
amendment to the City's previously adopted Citizen Participation Plan and Annual Action
Plan for Fiscal Year 2019/20 attached hereto as Exhibit "A" and "B", respectively, for
expenditure of the U.S. Department of Housing and Urban Development Community
Development Block Grant; providing for the incorporation of housing assistance payment
and economic development activities, and the reallocation of a certain portion of FY19-
20 Minor Home Repair Program to the Housing Assistance Payment Program and the
expansion of existing Public Services; providing for conflicts; providing for severability;
and providing for an effective date.
Commission District(s): Citywide
City Attorney Goren read the title for the record.
Mayor Gomez called for a motion and a second.
Commissioner Fishman motioned to approve. Commissioner Placko seconded.
Director of Community Development Maxine Calloway provided a presentation, which is on
file in the City Clerk's Office.
Mayor Gomez opened for public comments, and there were none.
Discussion by the Commission ensued with questions related to the number of residents
who have been assisted so far, total amount of funds initially available, data of the
requirements of the application, is staff counting the number of calls or how many people
are downloading the application, has the City partnered with Broward County to market the
programs available, job loss statistics, and if we have helped any businesses in Tamarac
yet, and options to return application in person.
There being no discussion by the Commission, City Clerk Johnson conducted a roll call vote
and the motion to approve carried unanimously 4-0. Commissioner Gelin was absent during
the vote.
Mayor Gomez recessed at 11:25 a.m. and returned at 11:35 a.m.
e. Woodmont Amended and Restated Development Agreement Third Periodic
Review
Third periodic review of the Amended and Restated Development Agreement
("Development Agreement") between the City, Woodmont Country Club, Inc. and Pulte
Home Company LLC, dated January 11, 2017, in accordance with Paragraph 26 and
Section 163.3235 FL. St., and Determination Hearing as to whether or not there has
been demonstrated good faith compliance with the terms and conditions set forth in the
Development Agreement.
City Attorney Goren read the title for the record. Goren also detailed issues related to the
agreement.
Mayor Gomez asked the members of the Commission if there were any disclosures. Vice
Mayor Bolton and Commissioners Gelin, Fishman and Placko stated no communication on
this item. Mayor Gomez stated she has spoken with Mark Schmidt.
Commissioner Placko motioned to approve. Commissioner Fishman seconded.
City Attorney Goren stated he received several communications from counsel for the
developer expressing his concern for being able to login to the meeting, and for the
purposes of this meeting Goren asked that he identify himself for the record.
Justin Schmidt verified he was attending the meeting and could hear the presentation.
Community Development Director Maxine Calloway provided a presentation, which is on file
in the City Clerk's Office.
Mayor Gomez opened for public comments, and there were none.
Justin Schmidt, on behalf of Woodmont Country Club, provided comments in response to
the City's presentation.
Mayor Gomez requested the City Clerk read public comments.
1) David J. Schneider, from Facebook, golf course lands and paths should be changed
to multi-use for the benefit of all citizens and homeowners that surround the course.
But it is ok for Woodmont Country Club to destroy our property values with a hotel
while not taking any responsibility for the maintenance of the Woodmont community.
Discussion by the Commission ensued regarding the details of the agreement, progress
toward completion and getting to a cure program.
Mayor Gomez requested the City Clerk read additional public comments.
1) David J. Schneider, from Facebook, pristine golf course? Golf course paths are far
more pristine.
Mayor Gomez closed public comments.
Discussion by the Commission ensued regarding details of the cure plan from 2018, and
maintenance of the lake.
Assistant Director of Public Services John Doherty provided details related to recent
maintenance of the lake. Calloway referenced paragraph 7 [of the developer's agreement],
which speaks to the waterway conveyance relative to the aqua range and further cited
provisions in paragraphs 8 and 9. Calloway provided details regarding the attempted
conveyance and flowage easement.
Discussion by the Commission continued regarding Pods B and G being transferred to
Woodmont Country Club from Pulte, financial issues because of COVID, and what is the
plan to cure.
Schmidt responded yes Pods B & G were transferred. Schmidt provided comments in
response to the questions and is willing to discuss compromises with the City to move
forward. Schmidt stated they are moving in good faith, and the City needs to be patient, but
he is willing to sit down with City to discuss a cure plan.
Calloway provided information for a tolling period if a site plan was submitted, and details
related to the submission of a site plan in May 24, 2018.
Discussion by the Commission continued with concerns expressed with how long it has
been since the agreement was signed in 2017, and getting the project completed.
City Attorney Goren clarified the amended and restated agreement was negotiated, all
lawyers participated in the jointly prepared document, and the Commission at the time
weighed heavily on what the document would look like. Goren stated he supports the staff
analysis, findings, and review. In the event there is a need, there is a Chapter 163
agreement, and further provided details related to the agreement and making it unique.
City Attorney provided language to clarify the motion, including to negotiate in good faith and
with due diligence, to authorize and direct City staff to meet with Woodmont within the next
30 days, come up with a plan within 30 days, and at our July 8th meeting will either be to
approve or whatever the contract provides legally under paragraph 26.
City Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0.
9. ORDINANCES — FIRST READING
None.
10. PUBLIC HEARING
None
11. ORDINANCES —SECOND READING
None
12. QUASI-JUDICIAL HEARING(S)
None.
13. OTHER
a. Discussion and Section of Artist for Colony West Suspended Ceiling Sculpture
The Director of Community Development is requesting the City Commission discuss and
select an artist to design the Suspended Ceiling Sculpture for the Colony West Clubhouse
project.
Director of Community Develop Maxine Calloway provided background information about
the item. Art consultants Beth Ravitz and George Gadson provided a presentation which is
on file in the City Clerk's Office.
Discussion by the Commission ensued with regard where the money to pay for the art
comes from, and what piece would be best for the site, that it stay within or as close to the
$50,000 price range, and stay in the silver motif.
Commissioner Placko motioned to move forward with the mesh style piece (selection 3 from
the presentation. Commissioner Gelin seconded. City Clerk Johnson conducted a roll call
vote and the motion to approve the mesh styled piece carried unanimously 5-0.
Mayor Gomez recessed the meeting at 1:42 p.m. and returned at 1:52 p.m.
b. Survey of the Woodland Residents
Discussion requested by Commissioner Gelin regarding the City hire an independent third
party to survey residents of the Woodlands community to determine the number of residents
who are for, against, or take a neutral position on the proposed development.
Commissioner Gelin introduced the item, and provided background related to the topic.
Mayor Gomez asked if there were any public comments.
City Clerk Johnson read the following, which was submitted by email:
1) Joel Davidson, of 4608 Norfolk Island Pine Drive, Tamarac, City Commission, I hope u
will go forward with the third-party survey for residents to decide if they want
redevelopment of The Woodlands or not. As a 20-year resident of this community, and
familiar with The Woodlands since 1972, I am not in favor of the type of redevelopment
13th floor homes is proposing.
Mayor Gomez closed public comment.
Discussion by the Commission ensued regarding a final site plan being submitted and it
being reviewed through the DRC [Development Review Committee] process, an additional
community meetings that must take place, possibly HOAs getting involved, and the late-
night meeting held in July 2019 was regarding land-use plan amendment and rezoning,
which will come back for approval after Broward County approves and transmitted to the
State. The City Attorney summarized the City's Code of Ordinances provides protection of
Quasi-Judicial procedures, and it is the Commissions has an obligation and responsibility to
evaluate all the competent and substantial evidence in an equitable manner. Goren stated
conducting a survey would potentially open the City up to a challenge and may even run
afoul of the procedures set forth in the City's Code.
Commissioner Gelin motioned to direct the City to hire a third-party independent firm to
survey residents of the Woodlands community to get their opinion on the potential
development being proposed. Vice Mayor Bolton seconded. City Clerk Johnson conducted a
roll vote and the motion failed 3-2 with Commissioner Fishman, Commissioner Placko and
Mayor Gomez dissented.
c. Resident Assistance Programs
Discussion requested by Commissioner Gelin regarding transferring $250,000 from the
General Fund and repurposing those funds for Resident Assistance Programs because of
COVID-19.
Commissioner Gelin introduced and provided background related to the item. City Manager
Cernech provided additional information related to the funds and creating a process that is
fair and equitable to the applicants.
Commissioner Gelin motioned to direct staff to create a program to help fund residents in
need as a result of COVID-19 in an amount no more than $250,000 from our reserve
account to establish a fund to help residents. Vice Mayor Bolton seconded. Vice Mayor
Bolton substituted the motion to direct staff to come up with guidelines, how the funds would
be distributed, what the price tag is, a full package at the next meeting. Commissioner Gelin
seconded.
City Manager Cernech stated staff could give a progress report at the Budget Hearing next
week.
City Clerk Johnson conducted a roll call vote and the motion carried unanimously 5-0.
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 2:38 p.m.
, r 'fifer Johon,\CM
e Clerk
1 /6'l_�C j',
Michelle J. Gomez, Mayor
Note to the reader. The above signature is the City Clerk, of the City of Tamarac, Florida. If the
minutes you have received are not signed, or completed as indicated above, they are not the
official minutes of the Tamarac City Commission Meeting held Wednesday, May 27, 2020.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at such meeting or
hearing, he may need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal is based.
The Cityof Tamarac complies with the provisions of the Americans with Disabilities Act. If you
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