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HomeMy WebLinkAbout2019-10-07 - City Commission Workshop Meeting Minutes CITY OF TAMARAC CITY COMMISSION WORKSHOP MONDAY, OCTOBER 7, 2019 CALL TO ORDER: Mayor Michelle J. Gomez called the Workshop of the City of Tamarac Commission to order at 9:32 a.m. on Monday, October 7, 2019, in Conference Room 105, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac FL 33321. ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko, Commissioner Mike Gelin and Commissioner Julie Fishman were in attendance. ABSENT: Commissioner Marion Bolton Also, in attendance were City Manager Michael C. Cemech, Assistant City Manager Kathleen Gunn, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel PLEDGE OF ALLEGIANCE: City Clerk Patricia A. Teufel led the Pledge of Allegiance Mayor Gomez moved out of the order on the agenda to entertain item No. 2, Presentation on the Census 2020 Complete Count Committee 2. Presentation on the Census 2020 Complete Count Committee. Planner Robert Johnson III and Ana Maria Diaz gave a presentation, a copy of which is on file in the City Clerk's Office. Ana Diaz thanked the Commissioners and expressed her gratitude to the City of Tamarac in taking the initiative, of wanting to participate in the 2020 Census. Ms. Diaz talked about the 1 privacy and confidentiality of information that is turned over the United States Census Bureau. Ms. Diaz talked about the mail-back percentages for the 2010 Census. Outlining a decrease in the percentage mail-back for the City of Tamarac by 2 percent, from 2000 Census of 78 percent. Ms. Diaz stated that for the 2020 Census, the primary method for households to self- respond, is through the internet. While a toll-free number and traditional questionnaire will be the secondary methods of responding. Ms. Diaz stated that the census will be available online or over the phone in English, 12 non-English languages and in-print, in 59 languages. Ms. Diaz outlined that having a committee in place is important for areas that are considered 'hard to count' as well as a good effort to reach everyone in the community. Ms. Diaz outlined that a Committee will help to raise awareness among residents. It will increase the participation rate in the 2020 Census as well as empower the community to take ownership of the Census. Ms. Diaz responded to a few questions from the City Commission. Mayor Gomez asked for consensus to move forward, all commission members present were in agreement. Mayor Gomez moved back into the order of the agenda to entertain item No. 1, City of Tamarac Development Impact Fee Study Findings. 1. City of Tamarac Development Impact Fee Study Findings - City of Tamarac Development Impact Fee Study. Community Development Director Maxine Calloway, Nilgum Kamp and Steve Tindale of Tindale Oliver Consulting gave a presentation, a copy of which is on file in the Page 1 of 4 CITY COMMISSION WORKSHOP October 7, 2019 City Clerk's Office. Maxine Calloway, Nilgun Kamp and Steve Tindale, all responded to questions from the City Commission. Mayor Gomez asked for consensus to move forward with drafting an Ordinance with options to phase the fees in or adopt them at a reduce percentage. All Commission members present were in agreement. 3. TR13329- Interlocal Agreement between the City of Tamarac and Broward County for Community Shuttle Service - Item No. 6 (h) on the Consent Agenda. A Resolution of the City Commission of the City of Tamarac, Florida, approving the Interlocal Agreement between the City of Tamarac and Broward County for Community Shuttle Service and authorizing the appropriate City Officials to execute the Agreement; said Agreement shall begin retroactive to October 1, 2019 and shall end on September 30, 2022, with an option to extend the Agreement for up to two (2) additional one (1) year renewal periods; providing for conflicts; providing for severability; and providing for an effective date. Parks and Recreations Director Greg Warner and Community Services Manager Dania Maldonado, gave a presentation, a copy of which is on file at the City Clerk's Office. Parks and Recreations Director Greg Warner and Community Services Manager Dania Maldonado responded to questions from the Commission. 4. TR 13337 -Accept a Contribution towards the construction of a roundabout at Hiatus/ McNab Item No. 6 (e) on the Consent Agenda. A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept a contribution in aid of construction from Butters Construction and Development for the construction of the proposed roundabout located at the intersection of McNab road and Hiatus Road in an amount of $225,000.00; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain and City Engineer Mustafa Albassam gave a presentation, a copy of which is on file at the City Clerk's Office. Public Services Director Jack Strain and City Engineer Mustafa Albassam responded to questions from the City Commission. Mayor Gomez recessed the meeting at 10:58 a.m. and reconvened the meeting at 11:19 a.m. with all present as before. 5. TR13342 — Interlocal Agreement with Broward County - Assignment of Aitken Contract. Item No. 9 (a) on Public Hearing(s). 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; providing for terms and conditions for the Assignment of the Right to Purchase the Aitken Property; 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; providing for conflicts; providing for severability; and providing for an effective date. City Manager Michael Cernech, City Attorney Sam Goren, Assistant County Attorney Annika Ashton and Director of Regina) Emergency Services and Communications Tracy Jackson, appeared. Attorney Goren explained to Page 2 of 4 CITY COMMISSION WORKSHOP October 7, 2019 the City Commission the Interlocal agreement that was before them for discussion. Attorney Goren stated that the ILA before the Commission is totally different from the previous ILA and the propose of this current ILA is to act as a trade transaction between City of Tamarac and Broward County. In the current ILA the City of Tamarac acts as a go between to purchase the Aitken property in Davie at the request of Broward County. Attorney Goren also stated that before the Commission is a letter that was received from the City of Hollywood. City Attorney also reiterated that the ILA before the Commission has nothing about the tower to be erected. City Attorney Goren also stated that there are no guarantees the City of Tamarac will own the property as it will be transferred back to Broward County within 90 days of purchase. Broward County Assistant Attorney Ashton stated that in this current ILA the City is providing for the County to close the transaction with Ms. Aitken. City Manager Michael Cernech added that the Commission gave 30 days for the County and Hollywood to come to an agreement. City Manager Cernech also added that the City of Davie and the City of Hollywood object to the land swap and purchase of Aitken property and these documents can be found in the Commission's backup. City Manager Cernech stated that this ILA will keep the process moving to achieving the 16th tower. City Manager Cernech also stated that Broward County will eventually own property. City Manager Cernech also stated that it would be good if Broward County and the City of Hollywood reaches an agreement. City Manager Michael Cernech, City Attorney Sam Goren, Assistant County Attorney Annika Ashton and Director of Reginal Emergency Services and Communications Tracy Jackson responded to questions from the City Commission. 6. Discussion on Vaping Products — City Attorney Sam Goren appeared and gave a presentation. Attorney Goren talked about a memorandum that was prepared and distributed to the Commission about Vaping at their request. Attorney Goren outlined that Vaping, smoking as well as the selling of these products is not unlawful in the State of Florida. Attorney Goren stated that Vaping concerns has been expressed throughout Broward County. Attorney Goren talked about Section 743.07, F.S., that was adopted in 1973 and gave a brief history why this Statute was adopted. Attorney Goren reminded the City Commission that this is a preemption Statue and that the Legislature adopted a bill this past July regarding Cities that adopt ordinances considered to be conflicting to sure Statute. Attorney Goren also talked about the possibility of litigation. Attorney Goren also stated that if the city should receive litigation, the 3rd party that believes the City violated a preemption statute, must give notice to have the adopted ordinance repealed or withdrawn. Attorney Goren outlined that he thinks moving forward is justifiable and sought the Commission's approval to move forward with drafting a letter to the Governor's Office, and an Ordinance with the assistance of City staff. Attorney Goren said he understands that there are proposals regarding the said matter for this coming Legislative session. Mayor Gomez asked Attorney Goren what is needed to move forward. Attorney Goren responded that a consensus is needed to move forward. Attorney Goren also stated that they will be seeking the Attorney General's opinion regarding the matter. Mayor Gomez talked about a Resolution that will be coming before the Commission for review to show support of this issue. Page 3 of 4 CITY COMMISSION WORKSHOP October 7, 2019 Commissioner Fishman asked Attorney Goren to clarify what opinion will be requested from the Attorney General's Office, if it's specific to Vaping products only or Nicotine products as well? Attorney Goren responded that Nicotine products are regulated by the State but it's a part of the discussion. Commissioner Fishman asked Attorney Goren if the preemption Statue that is currently in place for nicotine products, if it allow Cities to raise the age to purchase or if allowing Cities to raise the age to purchase such product is a part of the request to the Governor's Office? Attorney Goren responded that it's a part of the request. Commissioner Fishman stated that looking to raise the age of purchase from 18 to 21 is good, because of a huge amount of health issues that have been reported lately among young people, that are being affected by these products. Commissioner Fishman also stated, that these companies are targeting a specific market; "that is our young people and we should be able to protect them." Commissioner Fishman further stated that the issue is a part of "our public safety and our public promise to protect our people." Mayor Gomez talked about the ways, as well as how companies are marketing and targeting users of Vaping products. Mayor Gomez stated that a more explicit presentation can be provided if needed. Mayor Gomez also outlined that the city is dedicated to stop certain matters relating to Vaping with our Code. Commissioner Fishman asked that the Code allowing businesses to have 10 percent of their windows covered with advertisements be enforced more. Commissioner Gelin stated that all the Commission agrees on this matter, and that he contacted Attorney Goren after reading an article on Vaping, to find out what could be done. Vice Mayor Placko stated that she is in support. Mayor Gomez asked all present if they were in favor of having Attorney Goren move forward with drafting a letter to the Governor's Office as well as an Ordinance. All Commission members present were in agreement. 7. Discussion Regarding the Cancellation of Meetings. Discussion Regarding Cancellation of the November 25, 2019 Commission Workshop, the November 27, 2019 Regular Commission Meeting, the December 23, 2019 Commission Workshop and the December 25 2019 Regular Commission Meeting. City Clerk Patricia A. Teufel appeared and asked for consensus from the Commission to have such meetings cancelled, all Commission members present were in agreement. 8. Other There being no further business to come before the City Commission for consideration, Mayor Gomez adjourned the meeting at 11:58 a.m. Kimberly/Dillon Records Coordinator Page 4 of 4 CITY COMMISSION WORKSHOP October 7, 2019