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
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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
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$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
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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";
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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
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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.
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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
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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
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