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HomeMy WebLinkAbout2019-09-09 - City Commission Workshop Meeting Minutes CITY OF TAMARAC CITY COMMISSION WORKSHOP MONDAY, SEPTEMBER 9, 2019 CALL TO ORDER: Mayor Michelle J. Gomez called the Workshop of the City Commission to order at 9:30 a.m. on Monday, September 9, 2019 in Conference Room 105, City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko, and Commissioner Julie Fishman were in attendance. Commissioner E. Mike Gelin arrived at 9;32 a.m. Commissioner Marlon Bolton arrived at 9:34 a.m. Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren, Assistant City Manager Kathleen Gunn and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Vice Mayor Placko led the Pledge of Allegiance. Mayor Gomez asked the audience for a moment of silence on behalf of Hurricane Dorian victims in the Bahamas. 1. TR13331 - ILA with Broward County Property Acquisition and Exchange: Item No. 6 (f) on the Consent Agenda. (TR13331) A Resolution of the City Commission of the City of Tamarac approving an Interlocal Agreement with Broward County providing for the acceptance of the Assignment of the Purchase Right for the property known as the "Aitken Property" from Broward County pursuant to the Contract for Sale and Purchase of the Aitken Property, the exchange of the Aitken Property for the property known as "the West Lake Park Property," and the Lease of the West Lake Park Property to Broward County; providing for terms and conditions for the Assignment of the Right to Purchase the Aitken Property, the exchange of the Aitken Property for the West Lake Park Property, and the Lease of the West Lake Park Property with Broward County; authorizing the Mayor and City Manager to take all actions consistent with this Resolution, including the execution of any and all documents necessary to accept the assignment and purchase of the Aitken Property, including the Closing Statement and related documents necessary for closing; authorizing the Mayor and City Manager to take all actions consistent with this Resolution, including the execution of any and all documents necessary to convey the Aitken Property to Broward County including the Deed, Closing Statement, and any documents necessary for closing; authorizing the Mayor and City Manager to take all actions consistent with this Resolution, including the execution of any and all documents necessary to accept the conveyance of the West Lake Park Property from Broward County, including the Closing Statement, and any documents necessary for closing, including an Easement in favor of Broward County 111 and the public over the access road portion of the West Lake Park Property; authorizing Page 1 of 7 COMMISSION WORKSHOP MEETING September 9, 2019 the Mayor and City Manager to sign the Lease of the West Lake Park Property with Broward County and to take all actions consistent with this Resolution; providing for conflicts; providing for severability; and providing for an effective date. City Manager Michael Cernech, City Attorney Samuel S. Goren, Broward County Office of Financing and Real Property Annika Ashtory, Broward County Assistant Administrator Alphonso Jefferson and Assistant City Attorney David Tolces appeared. City Manager Cernech opened discussion regarding the City of Tamarac geographic area in need of a Public Safety Radio Tower. The Radio Tower approved for construction by the City Commission, located behind BSO, is ready. He noted Broward County Staff returned to inquire the City to participate in Land Swapping of a property in Davie. City Attorney Goren noted the Interlocal Agreement (ILA) is of Inter-Governmental Cooperation and the agreement describes the transaction to be made at no cost to the City including the logistics. Assistant Broward County Administrator Jefferson thanked the City Commission for their participation and cooperation and noted the system is almost ready, pending for equipment ordered. He also talked about two other sites and stated the system is for Public Safety use only. Ms. Ashtory talked about the legal perspectives and noted the Broward County Charter provides for permission to swap properties. Assistant Administrator Jefferson talked about City of Hollywood and City of West Lakes sites and responded to questions from Commissioner Fishman regarding the City of Parkland site; provided example of other Cities owning other City's Land; specifications for tower locations within the property, the streets, and water bodies, and said a bid process for Land Swap is not required. Assistant County Administrator Jefferson talked about an impact study made and study of areas considered such as endangered species for the site. Ms. Ashtory noted currently working on the details and talked about automatic renewals. Assistant City Attorney Tolces responded to questions from Commissioner Fishman regarding different sections of the Agreement. City Attorney Goren and City Manager Cernech responded to questions from Commissioner Gelin regarding other Cities on contracts, any State prohibitions in Land Swapping and other Cities owning land in Tamarac. Commissioner Bolton asked if Broward County can switch land and is able to engage another City to take Tamarac property. City Attorney Goren noted the item is on the agenda for the Broward County meeting scheduled on Tuesday, September 10, 2019. City Manager Cernech responded to Vice Mayor Placko inquiry about Broward County owning land in City of Tamarac. Mayor Gomez inquired about the reason for the Land Swapping. With no further discussion, Mayor Gomez moved to the next item on the agenda. 2. TR13334 - Award of Public Art Contract to Ray King for Woodspring Suites Easement Property and Public Art Update on Sunset Point Park Item No. 6 (b) on the Consent Agenda. (TR13334) A Resolution of the City Commission of the City of Tamarac, Florida, approving the Public Art proposal and concept by Ray King, attached hereto as Exhibit "A", and execution of an agreement between the City of Tamarac and artist Ray King, attached hereto as Exhibit "B" and incorporated herein, to provide a work of art to be placed on the Woodspring Suites easement property, in the amount of Page 2 of 7 COMMISSION WORKSHOP MEETING September 9, 2019 $150,000; providing for conflicts; providing for severability; and providing an effective date. Community Development Director Maxine Calloway, Public Art Administrators George Gadson and Beth Ravitz, and Artist Margi Northard appeared. Public Art Administrators Gadson and Ravitz and Artist Northard provided an update on Sunset Point Park and made a presentation which is on file in the City Clerk's Office. Artist Northard presented a modified concept site plan for the Sunset Hammock VE Phase 01 that maintains the periscope concept and reduces the initial cost of $400,000 to $370,565. Public Art Administrators Gadson and Ravitz and Artist Northard entertained questions by the City Commission. Community Development Director Calloway made a presentation which is on file at the City Clerk's Office related to TR13334, work of art to be placed at the Woodspring Suites easement property. Director Calloway and Public Administrators Gadson and Ravitz responded to questions from the City Commission. Discussion ensued by the City Commission as follows: expenses to date, alignment to the Public Art Fund, impact on other projects in the City, and other projects similar to this project. Commissioner Gelin inquired about location, and if a pollution study was done. Commissioner Gelin left the meeting at 10:32 a.m. returning at 10:36 a.m. Administrator Gadson presented the artists art samples from Michael Broth, Ken McCall and Michael Szabo and asked the City Commission for direction on the artist of choice. Mayor Gomez requested a consensus for selection of an artist among those presented. A unanimous consensus (5-0) on the selection of Artist Michael Szabo from San Francisco, California, was made. With no further discussion, Mayor Gomez recessed the meeting at 10:55 a.m. reconvening at 11:11 a.m. Commissioner Bolton rejoined the meeting at 11:14 a.m. 3. TO2412 - Amendment to Zoning Code to Allow Medical Marijuana Dispensaries and Pharmacies Within Certain Zoning Districts in the City: Item No. 8 (c) on Ordinance(s) First Reading. (TO2412) An Ordinance of the City Commission of the City Of Tamarac, Florida amending Chapter 10, Article 3, Section 10-3.2, entitled "Table of Allowed Uses", of the City of Tamarac Land Development Code, specifically Table 10-3.1, to permit medical marijuana dispensaries and pharmacies within certain zoning districts; and amending Chapter 10, Article 3, Section 10-3.3 entitled "Use Specific Standards", specifically Section 10-3.3(D)(15) entitled "Retail" to create Section 10-3.3(D)(15)(d) entitled "Medical Marijuana Dispensary" to provide for specific use standards and requirements governing the placement of medical marijuana dispensaries; and amending Chapter 10, Article 6, Section 10-6.2, entitled "Use Categories and Use Types Defined", of the City of Tamarac Land Development Code, specifically Section 10-6.2(C)(8), entitled "Retail Sales" to provide for a definition of medical marijuana dispensary and pharmacy; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Maxine Calloway & Assistant City Attorney Brian Sherman appeared. Director Calloway made a presentation which is on file in the City Clerk's Office. Director Calloway provided background and changes made to the ordinance before instituting it and of Page 3 of 7 COMMISSION WORKSHOP MEETING September 9, 2019 treatment centers. Assistant City Attorney Sherman noted each Medical Marijuana Center may establish and operate a maximum number of 25 dispensaries statewide. He provided Medical Marijuana Treatment Centers updates, regulations and statistics. Director Calloway talked about City of Tamarac's current and proposed regulations separating Marijuana Dispensaries from retail incidental pharmacies and added that the standards were taken directly from the Florida Statutes. Director Calloway concluded her presentation by indicating Section 10-3(D)(15)(d): Medical Marijuana Dispensary, Subsection (v) states that a business license shall be required for all Medical Marijuana Dispensaries, assessed at the same fee rate consistent with that of Pharmacies and provided the retail stock inventory fees. Commissioner Gelin inquired about how the regulations apply to other cities, and how liberal or conservative Tamarac's ordinance is. Assistant City Attorney Sherman responded the ordinance mirrors the statutes and is defendable. Vice Mayor Placko asked questions regarding caregivers possessing medical marijuana for patients, and proximity to hospitals making sense and more in line with the Medical Mile project. Director Calloway noted Medical Marijuana cannot be sold at retail businesses that sell tobacco or alcohol. Assistant City Attorney Sherman and Director Calloway responded to questions from Mayor Gomez regarding apartments build on Bailey Road, the distance separation on shopping plazas, and Mix Use neighborhoods vs. Mix Use Commercial. Director Calloway responded to questions from Vice Mayor Placko regarding how the 500' is defined, and noted trying to be consistent with what the State Statutes states. Additional discussion ensued regarding protection of nurseries and businesses, and the difficulties for children to obtain Medical Marijuana. City Attorney Goren noted challenges to be faced and options, to carefully meet the State Statutes obligations to protect the City. Assistant City Attorney Sherman noted the procedures to obtain Medical Marijuana and said it is still illegal for pharmacies to dispense under Federal Law. Director Calloway reiterated Medical Marijuana cannot be sold at retail businesses that sell tobacco or alcohol and a dispensary cannot sell tobacco and alcohol. Mayor Gomez talked about the Home Rule, inconsistencies, and requested to see items on the list. With no further discussion, Mayor Gomez moved to the next item on the Agenda. 4. TO2407 - Approve Amendment #2 to the Franchise Agreement with Waste Management Extending Said Agreement Effective October 1, 2020 through September 30, 2023: Item No. 8 (a) on Ordinance(s) First Reading. (TO2407) An Ordinance of the City Commission of the City of Tamarac, Florida, approving Agreement Amendment No. 2 to renew the existing Franchise Agreement for Furnishing Collection and Disposal of Residential Solid Waste and Recycling, and Commercial Solid Waste Services for the period effective October 1, 2020 through September 30, 2023; authorizing the appropriate City Officials to execute the Agreement Amendment No. 2 to the Franchise Agreement with Waste Management Inc., of Florida and to take action consistent with the intent of this Ordinance; providing for the ability to revise rates for solid waste and recycling collection and disposal services through the adoption of a Resolution by the City Commission; providing for the establishment of the "C.L.E.A.N. Tamarac Program"; Page 4 of 7 COMMISSION WORKSHOP MEETING September 9, 2019 providing for imposition of a special service fee and issuance of credits to address overloaded dumpsters at commercial properties and ensure the appropriate level of commercial solid waste service; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain and Purchasing/Contracts Manager Keith Glatz appeared. Director Strain made a presentation which is on file in the City Clerk's Office. He provided a timeline that covered from January 9 thru July 11, 2019. Director Strain provided insight regarding Waste Management Agreement and Performance. He noted the changes to be considered on Amendment Number 2 are: extending agreement for three years effective October 1, 2019 through September 30, 2023 with no additional extensions; update sections regarding scrutinized countries and public records as required by State Statute. He noted the Implementation of the C.L.E.A.N. Tamarac Program effective October 1, 2019, which targets commercial properties with overloaded dumpsters and it is opened to multi-families to participate. Has a zero-cost to the City with the shared goal of eliminating potential health and safety hazards. Director Strain referred to consequences and considerations related to current and proposed agreement. Director Strain and Manager Glatz responded to questions from the City Commission regarding businesses dues, contract claims, and suit resolution. City Manager Cernech talked about the consolidation of the agreement. Director Strain responded to Commissioner Gelin inquiry about service to residents with extra garbage outside the bin and the red tag process. Discussion ensued regarding RFPs and other cities that went out to bid, and value of the contract. City Manager Cernech said the City has adequate time to go out to bid and noted the capital a vendor needs to invest upfront. Director Strain talked about leverage. With no further discussion, Mayor Gomez moved to the next item on the Agenda. 5. TR13333 - Approve Change Order for Additional Costs Above Contingency for WTP Wells 10-13 Project: Item No. 6 (a) on the Consent Agenda. (TR13333) A Resolution of the City Commission of the City of Tamarac, Florida, approving Change Order No. 3 to the Agreement with Florida Design Drilling Corporation for the Water Treatment Plant Raw Wells 10, 11, 12 & 13 Upgrades Project in an amount not to exceed $95,000.00; authorizing the appropriate City Officials to execute said Change Order; approving the increase of the project budget by $66,525.89 to a total project budget not to exceed $1,088,425.89; authorizing an expenditure from the appropriate accounts; authorizin P , 9 an appropriation in an amount not to exceed $66,525.89 to fund said project; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain and Purchasing/Contracts Manager Keith Glatz appeared. Director Strain made a presentation which is on file in the City Clerk's Office. Commissioner Bolton left the meeting at 12:41 p.m. returning at 12:51 p.m. Director Strain provided an overview of the Raw Water Rehabilitation Project, the contract summary, project timeline and the proposed Change Order No. 3. Mayor Gomez opened the floor to the City Commission for questions and with no questions or further discussion, thanked the presenters and moved to the next item on the Agenda. Page 5 of 7 COMMISSION WORKSHOP MEETING September 9, 2019 6. TO2410 - Firefighters' Pension Plan Amendment: Item No. 8 (b) on Ordinance(s) First Reading. (TO2410) An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 16, Pensions and Retirement, Article VI, Pension Plan; providing for a BACDROP as an optional form of benefit payment; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. Human Resources Director Lerenzo Calhoun appeared presentation which is on file in the City Clerk's Office. Director Calhoun talked about the Benefit Actuary Calculated Deferred Retirement Option Plan or BACDROP, which is a benefit that allows participants to Drop Backward, that was collectively agreed between the City and the IAFF, Local 3080, and has no financial impact to the Pension Fund. He provided additional information regarding the BACDROP highlights on Eligibility and Plan Design, and stated his recommendation to approve. With no further discussion, Mayor Gomez thanked Director Calhoun and moved to the next item on the Agenda. 7. TO2411 - Adjournment of Meeting Ordinance: 7. Item No. 10 (a) on Ordinance(s) Second Reading. (TO2411) An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 2, "Administration," Article II, "City Commission," of the City of Tamarac Code of Ordinances, by amending Section 2-29, "Regular Meetings"; providing for conflicts; providing for severability; and effective date. City AttorneySamuel S. Goren appearedand for an and spoke about the City Commission suggested changes to the ordinance at the last meeting. City Attorney Goren read the language added that reads "All City Commission regular meetings shall adjourn no later than 11:30 p.m. local time. All remaining items on the agenda shall be deferred until the next regular meeting of the City Commission" and now added "or to a date and time certain as approved by the majority vote of the city commission." He noted the added language accomplished all the various subparts wanted by the City Commission, provides the City Clerk time to issue notices with a time certain and gives the flexibility each Commissioner mentioned. Attorney Goren thanked the City Commission for each individual comment and made notes that were made a part of the language. Commissioner Gelin talked about legislation sponsorship be noted in order to know who is the sponsorship from. Mayor Gomez talked about the chain of command in bringing a topic and asked the item to be scheduled to another workshop meeting for discussion then moved to the next item on the Agenda. PASSED ON FIRST READING AUGUST 28, 2019 8. Travel Transparency Discussion - Requested by Commissioner Bolton. Commissioner Bolton made a presentation which is on file in the City Clerk's Office. He talked about the importance of traveling to attend conferences and committees for the benefit of the residents, for the residents to know where the Commissioners go and for residents to know where their tax dollars go. Commissioner Bolton talked about transparency of information on where the Commissioners travel to and what is the purpose of the event. He presented City of Tamarac Website screenshots suggesting Page 6 of 7 COMMISSION WORKSHOP MEETING September 9, 2019 the link to Commission Disclosure Documents include travel disclosures. City Clerk Teufel noted this Commission Disclosure Document site is strictly for the Broward County Ethics for Campaign Treasurers Reports, Training Certificates and other forms she receives and uploads on behalf of the City Commission, but suggested there are other places his suggestion may be placed that is separate from this site. Commissioner Gelin suggested the use their home pages. Commissioner Bolton asked for a consensus to be taken. Attorney Goren noted his view of the consensus procedure. Mayor Gomez said no comments for consensus were received. Commissioner Bolton asked City Manager Cernech what direction the staff will be given in moving forward with the proposed change received from the City Commission at this meeting. City Manager Cernech responded that no consensus was made to move forward with the proposal Commissioner Bolton made. Commissioner Bolton reiterated the importance of having travel information on the Website. Mayor Gomez asked Financial Services Director Mark Mason to approach the Commission and address items available on the Website. Director Mason noted there are line items for travel and training available on the Website but not of the details. Commissioner Bolton noted the importance for residents to know where the City Officials go and how the money is spent. 9. Other: There being no further business to come before the City Commission, Mayor Gomez adjourned the meeting at 1:18 p.m. Lillian Pabon, CMC City Clerk Page 7 of 7 COMMISSION WORKSHOP MEETING September 9, 2019