HomeMy WebLinkAbout2019-09-25 - City Commission Regular Meeting Minutes • CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
SEPTEMBER 25, 2019
CALL TO ORDER: Mayor Michelle J. Gomez called the Commission Meeting of the City
of Tamarac to order at 9:03 a.m. on Wednesday, September 25, 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
Marlon Bolton, Commissioner E. Mike Gelin and Commissioner Julie Fishman were in
attendance.
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ABSENT:
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S.
Goren and City Clerk Patricia A, Teufel.
PLEDGE OF ALLEGIANCE: Mayor Michelle J. Gomez
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of Certificates for BSO "Deputy of the Month" — Presentations made by
Tamarac Broward Sherriff's Office Lt. Feeley.
January 2019 - Deputy David Akers
February 2019 - Deputy Woodnel Charles
March 2019 - Senior Alpha Shift
April 2019 - Deputy Joshua Gallardo
May 2019 - Detective Francisco Perez-Palacio
June 2019 - Sergeant Robert Chenoweth & Deputy Michael Ryan
Following the presentations, Commissioner Gelin called Deputy Joshua Gallardo to the
front and noted to have recognized him as the officer who arrested him in an incident that
happened four years ago. Commissioner Gelin left the meeting at 9:17 a.m.
b. Firefighter Devin Delvalle Proclamation - Presentation of a proclamation by Mayor
Michelle J. Gomez commending Firefighter Devin Delavalle. (Requested by Fire Chief
Percy Sayles)
c. Cybersecurity Awareness Month Proclamation - Presentation of a proclamation by
Mayor Michelle J. Gomez proclaiming the month of October 2019 as "Cybersecurity
Awareness Month". (Requested by Information Technology Director Levent Sucuoglu)
d. Proclamation for Pam Davidson - Proclamation for Pam Davidson. (Requested by
Mayor Michelle J. Gomez)
• 2. CITY COMMISSION REPORTS
a. Commissioner Bolton:
Page 1 of 6 CITY COMMISSION MEETING September 25, 2019
Commissioner Bolton reported attending the Bermuda Club Homeowners' Association •
meeting and attended the meet and greet with the Board of Directors of Mainland's
Homeowner Association. His contact information is (954) 275-3850 (cell) and at
Facebook.com/CommissionerMarlonBolton.
b. Commissioner Gelin — Not present
c. Commissioner Fishman
Commissioner Fishman gave a PowerPoint presentation, which is on file in the City
Clerk's Office. She attended the Kids Fest at Sawgrass Lanes and recognized Elliot
Goldberg and Herb Daley. Commissioner Fishman talked about the Urban League Visit,
Human Trafficking Unsung Heroes Nathan Earl, President Tamara Johnston, Stacey
Bloom, Dr. Heidi Schafer, attended the Honor Flight send-off on September 21, 2019 and
noted Florida City Government Week is from October 21st — 27th, 2019.
d. Vice Mayor Placko
Vice Mayor Placko talked about the Broward Cultural Division and made a presentation
of pictures titled "Searching for Giants", which is on file in the City Clerk's Office. She
noted it shows inflatable Art displayed at Tamarac Library, approximately 20 to 30 feet in
height, painted canvas. Vice Mayor Placko talked about the Art Committee and possible
install date for the Inspiration Way; ADRC Gold Tournament on October 25, 2019 at
Woodmont; Swim for Seniors; MPO — Surtax Dollars — and noted 709 projects are to be
prioritized, 203 projects going back to the County—strictly rehabilitation and maintenance. •
She talked about the application process to prioritize projects and noted an Oversight
Board to review is not in place yet. Vice Mayor Placko talked about Small Business
opportunities; and the Rock & Roll Event.
e. Mayor Gomez
Mayor Gomez thanked Sawgrass Lanes, now call Sawgrass Lanes Bolero, CERT,
Explorers, BSO for Police Escort and Parks & Recreation Department for being out there
helping support the business and have the event going free for children. Mayor Gomez
reported attending the Honor Flight Send-off on September 21, 2019 in support of the
service men. Spoke to the students at the James S. Rickards Middle School in Oakland
Park. She noted the Taste of Tamarac is taking place on Saturday, October 12, 2019.
She practiced Yoga at the Mainlands Park which is offered by the Yoga for a Change
Group on Saturdays, free of charge. Mayor Gomez attended the BSO Security
Conference in connection with the ADL (Anti-Defamation League). Mayor Gomez
recognized Angel Gomez, Government Affairs Liaison for the Broward County School
Board, and previous Piper High School Principal.
3. CITY ATTORNEY REPORT
City Attorney Goren talked about his upcoming memo regarding vaping, increasing the
age from 18 to 21 years of age, and provided feedback related to a 1973 Bill that provided
for an 18-year old to vote, a pre-empted statute for local government changing laws in
conflict with the pre-empted statutes. He continued to say some cities have ordinances
against vaping devices and the State pre-emption controls the issue. Attorney Goren said 41)
no litigation to report. Commissioner Fishman requested to meet with Attorney Goren
Page 2 of 6 CITY COMMISSION MEETING September 25, 2019
• once the memo is out, to discuss the issue. Mayor Gomez directed Attorney Goren to
advise when the meeting is coordinated.
4. CITY MANAGER REPORT
City Manager Cernech reported that the City of Tamarac established two collection
locations for donations to the Bahamas Hurricane Relief Efforts. Donations were accepted
at the Tamarac Community Center and the Recreation Center from Thursday, September
5th through Saturday, September 7th. Due to the generosity of Tamarac Residents and
Fellow Non-Residents, we collected enough supplies that filled a 15-Foot Storage Pod
from top to bottom as well as 17 pallets of supplies which filled a 53-Foot trailer. The
donations were given to the United Way for Distribution. Thank you to everyone who
supported this cause.
Upcoming Events:
Community Garage Sale has been rescheduled to Saturday, October 5th, 7:30 a.m. to
noon at Tamarac Park.
Tamarac Halloween Activities:
- Tamarac Pumpkin Splash — Caporella Aquatic Complex Saturday, October 19t"
noon to 3:00 p.m. Activities include Spooky Water Fun, Pumpkin Picking, and
Pumpkin Decorating. Cost $4.50 per Child and $5.00 per Adult. Concessions will
be open.
- Halloween Hoopla — Tamarac Park Friday, October 25, 6:00 a.m. to 8:00 p.m. -
• Free event for all ages — includes Music, Arts & Crafts, Bounce Houses, Face
Painting, Carnival Games, Prizes, Candy and much more.
5. PUBLIC PARTICIPATION - Mayor Gomez opened Public Participation.
The following individual spoke:
Ms. Karen Caputo, residing at 2631 Garfield Street in Hollywood, Florida talked about the
land swap issue regarding the West Lake Village Site. City Manager Cernech noted the
earliest the item can be entertained is 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. City Manager Cernech noted item 6(c)
TR13303—Authorizing Application for Membership of the City of Tamarac in Sister Cities
International has been amended to include "one City in Europe" as discussed, and a
consensus was reached at the September 23, 2019 Workshop. Commissioner Bolton
seconded by Vice Mayor Placko moved approval of the Consent Agenda. Motion passed
unanimously (4-0).
a. TR13326 - FMIT FY2020
A resolution of the City Commission of the City of Tamarac, Florida authorizing the
renewal of general liability, automobile liability, automobile physical damage, workers'
compensation, and property lines of coverage including any endorsements with the
411
Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1,
2019 at a cost of $919,855 and payment of any increase resulting from the annual
Page 3 of 6 CITY COMMISSION MEETING September 25, 2019
premium audit; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2019-096
b. TR13330 - BSO Permit Application for Special Details - FY20 A Resolution of the City
Commission of the City of Tamarac, Florida, approving a Broward Sheriffs Office Permit
Application for Special Details and authorizing the appropriate City Officials to execute
the Permit Application for police services to be used by the Parks and Recreation
Department in an amount not to exceed $92,350 in FY 20, October 1, 2019-September
30, 2020; approving funding from the appropriate Parks and Recreation accounts;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION 2019-097
c. TR13303 - Authorizing application for membership of the City of Tamarac in Sister
Cities International A Resolution of the City Commission of the City of Tamarac
recognizing the Sister City program established by the President of the United States in
1956; authorizing application for membership of the City of Tamarac in Sister Cities
International; providing for conflicts; providing for severability and providing for an
effective date.
RESOLUTION R-2019-098
d. TR13336 - CSLIP Grant Application for Pine Island Road Bikeway A Resolution of the
City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials •
to apply for a Complete Streets and Other Localized Initiative Program (CSLIP) grant via
an application through the Broward County Metropolitan Planning Organization (MPO)
and the Florida Department of Transportation (FDOT) in an amount not to exceed
$3,000,000 for the Pine Island Road Bikeway Project; providing for acceptance of the
award and execution of documents upon legal review; providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION 2019-099
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this hearing.
8. ORDINANCE(S) - FIRST 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. Commissioner
Bolton seconded by Commissioner Fishman moved approval of TO2413 on First
Reading. Mayor Gomez opened the floor for City Commission comments. Commissioner
Bolton expressed the reasons that motivated him to bring this item forward was the need
to have a baby changing area in public business bathrooms such as restaurants. He noted •
Page 4 of 6 CITY COMMISSION MEETING September 25, 2019
• he is pleased the City has taken the initiative and requested the City Clerk to transmit the
Ordinance to other Cities after the 2nd reading. Mayor Gomez commented that once the
ordinance passes on 2nd reading, she wants the people visiting the City's Public Parks to
know they have the ability to change their babies in the bathrooms and that the bathrooms
are cleaned. City Attorney Goren noted that Commissioner Bolton shared a bill from the
last Legislation Session which indicated it has failed. The Legislation may comeback with
the bill at again at the next session. In the event the Government in Tallahassee decides
to do so in the 2020 Legislation Session, it is his legal advice and opinion that passing
something locally may give the City a grand fathering option which would not be the case
going forward. That is typically what they will look at which is a complete pre-emption
which can basically say "we don't care what you are thinking", otherwise dismiss the
answer. By the City Commission doing so now may open the door that will hopefully close
in Tallahassee. City Attorney Goren concluded by recognizing Building Official Claudio
Grande and Community Development Director Maxine Calloway being very helpful in the
drafting of the ordinance as Building Official Claudio is working on the Building Code and
how to apply it, while Director Calloway is approaching the context of how to overlay it
under the current Land Use Plan and the Land Development Code, be reflected on the
record. Mayor Gomez talked about the many steps in drafting an ordinance to make it
legally sound and workable. Mayor Gomez asked the City Clerk to call the roll and
TO2413 passed unanimously 4-0 votes.
PASSED ON FIRST READING SEPTEMBER 25, 2019
• 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this
meeting.
10. ORDINANCE(S) - SECOND READING
a. T02407 Approve Amendment#2 to the Franchise Agreement with Waste Management
Extending Said Agreement Effective October 1, 2020 through September 30, 2023. 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"; 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.
PASSED ON FIRST READING SEPTEMBER 11, 2019
PASSED ON SECOND READING SEPTEMBER 25, 2019
ORDINANCE 0-2019-13
• b. T02410 - Firefighters' Pension Plan Amendment
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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.
PASSED ON FIRST READING SEPTEMBER 11, 2019
PASSED ON SECOND READING SEPTEMBER 25, 2019
ORDINANCE 0-2019-14
c. TO2412 - Amendment to Zoning Code to Allow Medical Marijuana Dispensaries and
Pharmacies Within Certain Zoning Districts in the City 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.
PASSED ON FIRST READING SEPTEMBER 11, 2019 •
PASSED ON SECOND READING SEPTEMBER 25, 2019
ORDINANCE 0-2019-15
11. QUASI-JUDICIAL HEARING(S): There were no Quasi-Judicial Hearing(s) scheduled
for this meeting.
12. OTHER
There being no further business to come before the City Commission, Mayor Gomez
adjourned the meeting at 10:13 a.m.
Michelle J. Gomez, Mayor
Lillian Pabon, CMC
Assistant City Clerk
•
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