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HomeMy WebLinkAbout2021-06-09 - City Commission Regular Meeting MinutesCity Commission Minutes Wednesday, June 9, 2021 7 p.m. CALL TO ORDER: Mayor Gomez called the Wednesday, June 9, 2021, Regular City Commission meeting, being held at City Hall, to order at 7 p.m. ROLL CALL: Commissioner Marlon Bolton, Commissioner Mike Gelin, Commissioner Debra Placko, Vice Mayor Villalobos and Mayor Gomez were in attendance. PLEDGE OF ALLEGIANCE: Miss Anastasia Williams led the Pledge of Allegiance. Commissioner Gelin presented Miss Williams with a proclamation, recognizing her incredible academic achievements. 1. CITY ATTORNEY REPORT The City Attorney John Herin reported we are transitioning the full workload with the firm and are staffed to do so successfully. With regard to the Woodlands matter, counsel for the developer has forwarded a letter asserting a potential conflict of interest with me or the firm. Out of the abundance of caution, Herin requested the City authorize outside counsel to advice staff and the Commission regarding the Woodlands matter. Herin continued, stating the engagement of outside counsel for this matter would avoid any appearance of, real or imagined, regarding a conflict of interest ensuring that the issue does not become a subject for potential litigation as the matter moves forward. Herin stated the Commission had been provided an engagement letter, from the Lohman Law Group, who specializes in local government law. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Discussion by the Commission ensued related to Mr. Herin's representation of the City in other matters, his representation of the Woodlands Defense Fund and having the City Commission determine who outside counsel will be. Scott Backman, on behalf of the applicant, stated he believes an independent third -party attorney is the appropriate course of action and they have no objection if the City so chooses to do so. Backman added, he has no conflict or objection to the firm [Lohman] selected. Discussion by the Commission continued with respect to costs of hiring an outside firm, whether it has been budgeted, it being reckless spending in addition to the city attorney's current retainer, the definition of Chinese wall, and clarification of hourly costs if the matter moves beyond just day-to-day processing of the application. City Manager, Mike Cernech, mentioned the letter sent from Mr. Moskowitz was sent directly to him and not the City Attorney or the City Commission. As the City Manager, I am responsible for the land use process. The letter was to make sure the applicant could be provided unbiased due process. The application process has stalled because of this, and after speaking with Mr. Herin, the decision to hire a third party is vital to moving forward at this point. Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commission Gelin dissented. 2. CITY MANAGER REPORT a. Certified Municipal Clerk Presentation to Assistant City Clerk Kimberly Dillon Sandra McCready, FACC South District Director, provided remarks and presented Kimberly Dillon with her Certified Municipal Clerk plaque, and pin. Ms. Dillon provided remarks and thanked those in attendance for all of their support. 3. PUBLIC PARTICIPATION City Attorney Herin provided instructions for public participation, and stated this would be the last meeting the City Commission would accept public comments by phone. Mayor Gomez opened for public comments. a. Rose Grove, of 5907 NW 69th Way, Tamarac, inquired about her increased water bill. Mayor Gomez offered to have a member of staff contact her regarding her concerns. b. Darcy Schiller, of 7879 Granville, Tamarac, provided comments in regards to Commissioner Bolton calling the former City Attorney Sam Goren untrustworthy. Schiller continued stating; Commissioner Gelin sent out a note via email or social media about the track and stated it was a lie. Schiller also asked why there is a need to question the City Manager's contract or employment every two weeks. C. Lizzy Arezzo, of Tamarac, stated this is the first Commission meeting she has been to in over a year, but wanted to see if the comments she was reading were true. Arezzo stated she is embarrassed that each of the Commissioners throw shade at one another. She asked as a resident, to get it together and get along for the City and the constituents. d. Pablo Cruz, was unreachable by phone. Mayor Gomez closed public comments. 4. CONSENT AGENDA a. Approval of the April 14, 2021, Virtual City Commission Meeting Minutes b. Approval of the April 28, 2021, Virtual City Commission Meeting Minutes c. Approval of the May 12, 2021, Virtual City Commission Meeting Minutes Vice Mayor Villalobos asked for a personal time of privilege after Item 10.b. Mayor Gomez asked the City manager if there were any additions or deletions. City Manager Cernech stated there was none. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. 5. REGULARAGENDA a. Discussion and direction on the formation of an Independent Solid Waste District Public Services Budget and Contracts Manager, Troy Gies, provided a presentation, which is on file in the City Clerk's Office. Discussion by the Commission ensued. Commissioner Gelin motioned to table the item to the next meeting. Commissioner Bolton seconded. Clerk Johnson conducted a roll call vote, and the motion carried unanimously. Mayor Gomez recessed the meeting at 9.13 p.m., and reconvened at 9.30 p.m. b. TR13530 —Purchase and Replacement and New Equipment for Water System Construction and Repair A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the purchase of a replacement Hydro -Excavator and new Mini Excavator for Water Distribution and Construction, utilizing competitive procurement methods and current agreements available for cooperative purchases at the time of purchase including Agreements awarded by the Florida Sheriff's Association Contract FSA20-equ18.0 Specification #94, and sourcewell Contract Number 122017-AMI/VAC, in an amount not to exceed $431,138.75; authorizing an expenditure in an amount not exceed $431,138.75 from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. The City Attorney, John Herin, read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Placko seconded. Mayor Gomez opened for public comments. There were none. Mayor Gomez closed public comment. Clerk Johnson conducted a roll call vote, and the motion to approve carried unanimously 5-0. c. TR13581 — Establish policy to include eligible employees with registered domestic partnerships in the 2022 Insurance Plan A Resolution of the City Commission of the City of Tamarac, Florida, establishing a policy to recognize and include eligible employees with registered domestic partnerships in the 2022 Insurance Plan and providing the City Manager with the authority to do all things necessary to effectuate the policy; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments. There was none. Mayor Gomez closed public comment. Discussion by the Commission ensued related to cost of the program, other options being available, being self -insured, stop -loss insurance, process for ending a domestic partnership, having a qualifying event to start the benefit, etc. Clerk Johnson conducted a roll call vote, and the motion to approve carried 3-2. Commissioner Bolton, Commissioner Placko and Commissioner Gelin were in favor. Vice Mayor Villalobos and Mayor Gomez dissented. d. TR13609 — City's commitment to building a safe city A Resolution of the City Commission of the City of Tamarac, Florida, affirming the City's commitment to building a diverse and inclusive community, which is a welcoming and safe City; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments. There was none. Mayor Gomez closed public comment. Discussion by the Commission ensued related to the City's commitment to being a safe city, the contents of the resolution, and current crime rates. BSO Capt. Jeff Cirminiello stated Tamarac is a safe city, and crime rates are down. City Manager, Mike Cernech, stated we have and will continue to be committed to being a safe city. Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Commissioner Bolton, Commissioner Gelin, Commissioner Placko and Mayor Gomez were in favor. Vice Mayor Villalobos dissented. 6. ORDINANCE(S) FIRST READING None. 7. None. PUBLIC HEARING 8. ORDINANCE(S) SECOND READING a. TO2448 — Amending Ordinance 2020-011 FY2021 Operating and Capital Budget An Ordinance of the City Commission of the City of Tamarac, Florida, amending Ordinance 2020-011, which adopted the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies for the Fiscal Year 2021, by increasing the Total Revenues and Expenditures by a total of $3,674,368 as detailed in Attachment A, attached hereto and summarized in Attachment B; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Placko seconded. Mayor Gomez opened for public comments. There was none. Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commissioner Gelin dissented. b. TO2453 — Public Art Ordinance Amendment An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 5 of the City's Code of Ordinances, entitled "Buildings and Building Regulations" by specifically amending Article XI, entitled "Public Art Program", Section 5-301 entitled "Definitions" to provide for a definition for construction value; providing clarification for the assessment and collection of a one (1) percent public art fee for land development projects subject to the requirements of the City's public art program; amending Section 5-302 entitled "Public Art Fee", to establish additional provisions by which the required one (1) percent public art fee may be provided for in lieu of payment to the City's public art fund' providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Mayor Gomez opened for comment. There being no one, Mayor Gomez closed public comment. Discussion by the Commission ensued related to "performing arts". Interim Planning and Zoning Manager, Robert Johnson, provided comments related to the ordinance. Commissioner Placko amended her motion to table until the next meeting. Vice Mayor Villalobos seconded. Clerk Johnson conducted a roll call vote, and the motion to table carried unanimously 5-0. 9. QUASI-JUDICIAL HEARING(S) None 10. OTHER a. Discussion and possible direction creating a Citizen's Budget Council Requested by Commissioner Gelin Commissioner Gelin presented the item. Discussion by the Commission ensued regarding transparency, public engagement, the number of boards we currently have and volunteers to serve, staffing requirements, the City's bond rating, etc. Commissioner Gelin made a motion to direct the City Attorney to draft an ordinance and begin creating a citizens budget advisory council, or whatever this Commission wants to name it. Commissioner Bolton seconded. Vice Mayor Villalobos made a motion to extend the meeting until after my time of personal privilege. Commissioner Placko seconded. Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commissioner Gelin dissented. Clerk Johnson conducted a roll call vote, on the main motion, and it carried 4-1. Commissioner Bolton, Commissioner Gelin, Commissioner Placko and Mayor Gomez were in favor. Vice Mayor Villalobos dissented. Vice Mayor Villalobos made a motion to move his personal time of privilege up to Item 10.b. Commissioner Placko seconded. Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commissioner Gelin dissented. b. Vice Mayor Villalobos's item [regarding the track at the Sports Complex] Commissioner Gelin made a motion to table. Commissioner Bolton seconded. Clerk Johnson conducted a roll call vote, and the motion failed 2-3. Commissioner Bolton and Commissioner Gelin were in favor. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez dissented. Vice Mayor Villalobos provided information related to the track survey published by Commissioner Gelin. Discussion by the Commission ensued. c. Discussion and direction on the process for hiring a new City Manager Discussion by the Commissioner ensued related to the item being added six days prior to the meeting, etc. Vice Mayor Villalobos made a motion to table. Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commissioner Gelin dissented. There being nothing further to discuss, Mayor Gomez adjourned the meeting on Wednesday, June 9, 2021, at 11:49 p.m. Minutes transcribed and submitted by City Clerk Jennifer Johnson. Jen er John on, CM Mi helle J. Gome , 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, June 9, 2021. 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 City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771.