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HomeMy WebLinkAbout2019-10-07 - City Commission Regular Meeting Minutes CITY OF TAMARAC CITY COMMISSION MEETING MONDAY, OCTOBER 7, 2019 e CALL TO ORDER: Mayor Gomez called the Commission Meeting of the City of Tamarac to order at 7:06 p.m. on Monday, October 7, 2019, in City Commission Chambers, 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 Marlon Bolton Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: City Clerk Patricia A. Teufel led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: Mayor Gomez presented a plaque, requested by City Manager Cernech, to City Clerk Teufel proclaiming October 7, 2019 "City Clerk Patricia A. Teufel's Appreciation Day" for 16 years of dedicated service to the City of Tamarac. City Manager Cernech noted City Clerk Teufel's work ethics, the exemplary job and the legacy left behind during her tenure as City Clerk, wishing her well on her retirement. 410 a. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of October 2019 as "Domestic Violence Awareness Month". (Requested by Mayor Michelle J. Gomez) b. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming October 7, 2019 as "Theresa Kennedy Day". (Requested by Commissioner Julie Fishman) c. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of October 2019 as "Fire Prevention Month". (Requested by Assistant Fire Marshal Tommy Demopoulos) d. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the week of October 21-27, 2019 as "Florida City Government Week". (Requested by Commissioner Julie Fishman) e. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming the week of October 7-11, 2019 as "Customer Service Week". (Requested by City Manager Michael C. Cernech) f. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming October 7, 2019 as Census 20920 Complete Count Committee Kick-off Day". (Requested by Mayor Michelle J. Gomez) • Page 1 of 7 COMMISSION MEETING October 7, 2019 g. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the week of October 14-18, 2019 as "National School Lunch Week". (Requested by Mayor Michelle J. Gomez) Parks & Recreation Director Greg Warner introduced the P.A.R.O.T. Foundation Board S0 Members Secretary Sandy Ehrlich and from the Board Directors, Director Pam Bushnell to present a check in the amount of $20,000 to the City of Tamarac City Commission, to pay for the Tephford Park Fitness Court. 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Absent b. Commissioner Gelin: Commissioner Gelin noted due to the events of the last couple of weeks he has been fielding phone calls and responding to e-mails and other activities regarding the statement he made at the last City Commission meeting. He referenced Agenda Item 7A and noted at that point he will provide his statement. Commissioner Gelin thanked the members of the public providing him their support. c. Commissioner Fishman: Commissioner Fishman reported attendance to the Broward County Human Trafficking Coalition and shared a presentation which is on file at the City Clerk's Office, provided statistics, talked about the Human Traffic Summit in Orlando and the Broward Leaders Resilience Roundtable. She noted The Florida City Government Week event is October 21st to October 27th, 2019 and provided her contact information. d. Vice Mayor Placko: No report e. Mayor Gomez: No report 3. CITY ATTORNEY REPORT: City Attorney Goren noted the direction received from the City Commission to send a letter to Governor DeSantis regarding vaping issues and requesting a review of the issue being a matter of great public urgency and emergency putting a ban on sales for those nicotine and vaping devices. Attorney Goren requested the City Commission adopts a motion that would allow to write the letter consistent the issues motion. Commissioner Fishman made a motion seconded by Vice Mayor Placko to adopt the motion as presented by Attorney Goren. Motion passed unanimously 4-0 votes. Attorney Goren thanked the City Commission and noted follow up with the letter and work on the ordinance to raise the age from 18 to 21. 4. CITY MANAGER REPORT: No Report 5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation for items not on the agenda and noted the rules for the public to participate. The following individual spoke: Aralyn Bairan, residing at NW 68t" Terrace in Tamarac, spoke about encouraging the City to bring the community together by having a City of Tamarac Police Department making the community feel safer. Page 2 of 7 COMMISSION MEETING October 7, 2019 With no additional members from the public wishing to speak, Mayor Gomez closed the Public Participation. 6. CONSENT AGENDA: Mayor Gomez asked the City Manager if there were any changes/additions to the Consent Agenda and City Manager Cernech said there were no changes/additions to the Consent Agenda. Commissioner Fishman seconded by Commissioner Gelin moved approval of the Consent Agenda. Motion passed unanimously (4- 0). a. Approval of the June 26, 2019 Regular Commission Meeting Minutes - Revised 9/19/19. - APPROVED b. Approval of the August 28, 2019 Regular Commission Meeting Minutes - APPROVED c. Approval of the September 13, 2019 Special City Commission Meeting. - APPROVED d. TR13312 - Donation from Parks and Recreation Foundation for Tephford Park Outdoor Fitness Area: A Resolution of the City Commission of the City of Tamarac, Florida, accepting a donation from the Tamarac Parks and Recreation Foundation in the amount of $20,000 for sponsorship of the Tephford Park Outdoor Fitness Area; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2019-100 e. TR 13337 Accept a Contribution towards the construction of a roundabout at Hiatus / McNab: 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. RESOLUTION R-2019-101 f. TR13289 - Electronic Plan Review System Upgrade: A Resolution of the City Commission of the City of Tamarac, Florida approving the upgrade of the City's Electronic Plan Review system software from Avolve Software Corporation, the sole source provider of the software and service; authorizing the appropriate City Officials to execute associated contract documents; authorizing an expenditure for an amount not to exceed $84,593.25; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-102 g. TR13314: Grant Award- Stormwater Culvert/Headwalls: A Resolution of the City Commission of the City of Tamarac, Florida accepting a grant award from the Florida Department of Environmental Protection for Stormwater culvert and headwall improvements within the City of Tamarac in the amount of $350,000; authorizing the appropriate City Officials to execute a grant agreement and necessary documents pending legal review between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $350,000; providing for conflicts; providing for severability; and • providing for an effective date. RESOLUTION R-2019-103 Page 3 of 7 COMMISSION MEETING October 7, 2019 h. TR 13329 - Interlocal Agreement between the City of Tamarac and Broward County for Community Shuttle Service: 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 an effective date. RESOLUTION R-2019-104 i. TR13340 - FRDAP Grant Application: Caporella Park: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to apply for a Florida Recreation Development Assistance Program (FRDAP) grant via an application through the Florida Department of Environmental Protection (FDEP) in an amount not to exceed $200,000 for the Caporella Park Enhancement Project; providing for a one-to-one match not to exceed $200,000 in local funds in the event of approval of the application; providing for acceptance of the award and execution of necessary documents following legal review; providing for conflicts; providing for severability; and providing for an effective date RESOLUTION R-2019-105 j. TR13349 - Select, Approve and Award Temporary Staffing Services: A Resolution of The City Commission of The City Of Tamarac, Florida authorizing the appropriate City Officials to Select, Approve And Award the Acquisition of Temporary Staffing Services on an as needed basis to temporarily fill budgeted employee vacancies for all City Departments and provide for a method to staff temporary positions as a result of unanticipated or temporary departmental workload increases in an amount not to exceed an aggregate total of $150,000.00 for fiscal year 2020, utilizing agreements awarded by The State Of Florida Department Of lb Management Services, The South Florida Governmental Purchasing Cooperative or other formally competed agreements by other Florida Governmental Units, or national purchasing cooperatives, and to establish a process for acquiring specialized temporary staffing needs, as well as establishing quotation procedures when there are no available firms with competitively bid agreements, in the best interest of The City; Providing For Conflicts; Providing For Severability; And Providing For An Effective Date RESOLUTION R-2019-106 7. REGULAR AGENDA: a. Discussion or Possible Motion Regarding Commissioner Gelin's Remarks After the BSO Awards Ceremony at September 25, 2019 Commission Meeting. Determination if There Was a Violation of the City's Civility Code. City Attorney Goren read the item into the record and noted that unless the City Commission decides is proper to take action to do so, no motion is required at this time. Mayor Gomez recognized Commissioner Gelin's request to address the audience. Commissioner Gelin acknowledged and thanked Piney Grove MBC Pastor Derek Hughes, Pastor of Bethel AME Church in Pompano Beach Eddie Moise, and Mount Hermon AMEC Pastor Henry E. Green, Civil Rights Activist Shawn King, Emmi Award Winning Producer Avery Duberney, NY Attorney and Public Defender Rebecca Cavanaugh, his wife, family and friends. He continued to read a statement attached hereto and incorporated herein and submitted copies of emails received which are on file at the City Clerk's Office. Mayor • Gomez thanked Commissioner Gelin and opened the Public comments session. The following participants from the public spoke: Neal Glassman, residing in Tamarac FL did not Page 4 of 7 COMMISSION MEETING October 7, 2019 support Commissioner Gelin; BSO Officer Rick Rothman did not support Commissioner Gelin; Patty Lynn, residing at 6411 NW 68th Street did not support Commissioner Gelin; Luke Bairan 8101 NW 68th Terrace did not support BSO; Thaddeus Gamory, residing at 3730 NW 95th Terrace, Sunrise talked about post traumatic growth opportunity; Julie Jones, Margate resident, not in support of Commissioner Gelin; Marshae Ellison, residing at 1100 Sistrunk Blvd. Ft. Lauderdale, supported Commissioner Gelin's position; Pastor Henry E. Green talked about the Texas, South Carolina and Fort Lauderdale encounters involving Police mishandling, talked about expected accountability, forgiving, and shared three bad experiences with police officers; Rick Beasley, South Florida resident, spoke about a Georgia incident regarding his father, a time to heal and a Review Board; Kimberly Roberts, a Tamarac resident, read a letter from the NAACP in support of Commissioner Gelin; Dexter Bridgeman from Hollywood, FL, supports Commissioner Gelin; Pastor Dereck Hughes talked about civility, move forward and supports Commissioner Gelin; Clayton McGee supports Commissioner Gelin; Pastor Eddie Moise supports Commissioner Gelin; Michael Drummers supports Commissioner Gelin; Ashlea Pannes, resident of Woodlands, supports Commissioner Gelin; Lewel Gelin supports his brother Commissioner Gelin; Michelle Jones, residing at 5830 NW 64th Avenue spoke about dealing with anger and applying programs on mental health to the community and culture; Lawrence Clarman, Tamarac resident, is not in support of Commissioner Gelin's choice of the time and place to make his comment; Alan Berkowitz, retired NYPD detective, talked about the City Commission having a major disconnect with the law enforcement body and the community; Dean Simpson, retired NYPD Officer, talked about forgiveness and as leaders of the Community, the City Commission find a way to move forward; North Lauderdale Vice Mayor Samson Borgelin said this is an opportunity for cities and the nation to work in bringing communities together and a time to heal; Aletha Redwood, residing at 7657 Tamarac Island Circle, talked about a public apology, feeling of vindication and due process; Bob Fortier, 79th Street, Tamarac, talked about his • thoughts on the comments made by Commissioner Gelin, the three people that influenced him the most in doing the right thing and asked to make the right judgment between what is right and correcting themselves; Ronald J. Wasserman, Tamarac resident, spoke about victims of crimes, supports Commissioner Gelin, need organized systems like BSO; Broward County Human Services Director and Tamarac resident Kim Campbell is in support of Commissioner Gelin and solicited the City come on board on the County's Dismantling Racism Initiative and use it as a platform to begin the race relations and healing work needed in the community; Susan Bundy, Broward County resident, talked about what racism is and asked to consider joining Broward County Dismantling Racism Initiative; Jeff Bridges Broward County, in support of Commissioner Gelin, talk about accepting when someone is right or wrong; Bill Mei, Tamarac resident, supports BSO. Mayor Gomez closed the Public Hearing. Mayor Gomez recessed the meeting at 9:24 p.m. reconvening at 9:50 p.m. with all present as before. Mayor Gomez read a statement attached hereto and incorporated herein. Vice Mayor Placko read a statement attached hereto and incorporated herein. Commissioner Fishman read a statement attached hereto and incorporated herein. Mayor Gomez referred and read the Code of Ethics Item 12. Based on the feedback from the community and read a statement attached hereto and incorporated herein. Thanked the audience for attending and participating on this discussion. With no further discussion, Mayor Gomez moved to entertain the next item on the Agenda. • Page 5 of 7 COMMISSION MEETING October 7, 2019 8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading schedule for this meeting. 9. PUBLIC HEARING(S): a. TR13342 - ILA with Broward County - Assignment of Aitken Contract: 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 Attorney Goren read TR13342 by title into the record. Vice Mayor Placko seconded by Commissioner Fishman moved approval of TR13342. Mayor Gomez opened the Public Hearing. Ms. Lisa Stingene- Turner residing at 1530 Sweetbay Way, Hollywood, FL, pleaded the City Commission not to move forward with approving TR13342 and inquired about what the purpose is and if it has to do with the West Lake property. Mr. Mark Florio, resident of Hallandale Beach, asked what would approving the item facilitate and noted Mrs. Aitken is not allowing additional extensions. He also talked about Broward County Charter and disagreed with Broward County Attorney Ashton regarding impact on discussions stating the City of Tamarac should not be involved in this matter noting West Lake Park is not the best place. Mayor Gomez closed the Public Hearing. Having no further discussion by the City Commission, Mayor Gomez asked the City Clerk to call for the votes on the motion presented. Motion carried 3-1 votes with Commissioner Fishman dissenting. • RESOLUTION R-2019-107 10. ORDINANCE(S) - SECOND READING: a. TO2413 - Baby Changing Station Ordinance: 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 II, entitled "Construction Standards," by creating Section 5-36 entitled "Baby Changing Table Requirements"; providing requirements for the installation of baby changing tables in certain buildings; providing for definitions; providing for regulations and requirements; providing for codification; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read TO2413 by title into the record. Vice Mayor Placko seconded by Commissioner Gelin moved approval of TO2413 on second reading. Mayor Gomez opened the Public Hearing and with no one wishing to speak, closed the Public hearing. Motion passed unanimously (4-0). PASSED ON FIRST READING SEPTEMBER 25, 2019 PASSED ON SECOND READING OCTOBER 7, 2019 ORDINANCE NO. 0-2019-18 11. QUASI-JUDICIAL HEARING(S): There were no Quasi-Judicial Hearing(s) items scheduled for this meeting. • Page 6 of 7 COMMISSION MEETING October 7, 2019 12. OTHER: There being no further business to come before the City Commission, Mayor Gomez adjourned the meeting at 10:13 p.m. •:?,./ Michelle J. Gom , Mayor Lillian Pabon, CMC: V: Interim City Clerk =m . ESTABLISHED 1963 SEAL �z p � Page 7 of 7 COMMISSION MEETING October 7, 2019