City of Margate Meeting Minutes Mayor Tommy Ruzzano Vice Mayor Arlene R. Schwartz Commissioners: Antonio V. Arserio, Anthony N. Caggiano, Joanne Simone City Manager Cale Curtis City Attorney Weiss Serota Helfman Cole & Bierman City Clerk. Jennifer M. Johnson 5790N Margate Boulevard Margate, FL: 33063 954-972-6454 www.margatel.com Regular City Commission Meeting Wednesday, August 21, 2024 7:00PM Commission Chambers and Zoom.us Webinar ID: 810 68422115 ntps.lus02webzoom.us/00642215 CALL TO ORDER ROLL CALL Present: 5- Commissioner Anthony N. Caggiano, Commissioner Joanne Simone, Commissioner Antonio' V. Arserio, Vice Mayor Arlene R. Schwartz and Mayor Tommy Ruzzano MOMENT OF ILENCE-INVOCATON BYI PASTOR JEFF ROWLES, ABUNDANT LIFE CHURCH PLEDGE OF ALLEGIANCE 5) RESOLUTIONS) MAYOR TOMMY RUZZANO brought forward Item 5) C. before Public Discussion. C. ID2024-253 RESOLUTION- APPROVING THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL PALMA AND THE CITY OF MARGATE FOR EMPLOYMENT AS CHIEF OF POLICE; PROVIDING FORI EFFECTIVE DATE AI motion was made by Commissioner Arserio, seconded by Commissioner Caggiano, that this Resolution, should be approved. MAYOR RUZZANO explained why this Item had arose. COMMISSIONER. ANTONIO V. ARSERIO congratulated Interim Chief of Police (CoP), Palma. He explained that he reviewed the contract with City Manager Curtis on a number MAYOR RUZZANO advised that he had also reviewed the contract and recommended that all City Commission hires should also have their contracts reviewed. He indicated that Fire Chiefl Lorenzo should possibly have ap pay increase. He wished Interim CoP of occasions and was content on how the same was presented. Palma the best. City of Margate Page1 1 Printed ons 9/10/2024 3:50PM Regular City Commission! Meeting Meeting! Minutes August 21, 2024 INTERIM CoP, MICHAEL PALMA, thanked his colleagues, the City Commission and ELSA SANCHEZ apologized for not attending the City Commission meeting inj person ande expressed her support for Interim CoP Palma and his whole team. residents for their support. The motion carried as follows: Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice Mayor Schwartz and Mayor Ruzzano CoP PALMA, expressed his gratitude. Discussion ensued. 1) PUBLIC DISCUSSION TRACY VAN WINKLE discussed parking issues in! her area and sought ane explanation CITY ATTORNEY, DAVIDI N. TOLCES, advised that Ms. Van Winkle's citation should be dealt with through the Police Department as it was out of the realm of what had already COMMISSIONER. ARSERIO responded to Ms. Van Winkle's comments and voiced his concerns with the. American with Disabilities Act (ADA) pertaining tor residential parking. MAYOR RUZZANO questioned whether there was something that could be implemented as tov why she received a ticket. happened. Discussion ensued. as he disagreed with the parking policy. Discussion ensued onr residential parking and the ADA. VICE MAYOR ARLENE R. SCHWARTZ explained that the parking situation arosei in her neighbornood 20 years ago as they were looking fort the people who lived there as opposed top people who were, just visiting. Discussion ensued. the ADA rules. DONNA FELLOWS continued to discuss the issues concerning residential parking and OSNAK MERCIVAL discussed issuing tickets outside business hours. 2) COMMISSION COMMENTS COMMISSIONER ANTHONY N. CAGGIANO referenced Hurricane Ernesto which affected Bermuda and explained that the Dutch Pot. Jamaican Restaurant chain was accepting a donation of goods for that island. He was ecstatic that his daughter started college and Cityo ofMargate Page 2 Printed ons 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 an internship. COMMISSIONER. JOANNE SIMONE congratulated the new CoP, Palma and thanked his colleagues int the Police Department for their dedication and commitments for keeping the safety oft the City's residents and businesses their top priority. She highlighted the forthcoming grand openings including the Bagel Time Bakery and Konekt Club. She COMMISSIONER ARSERIO explained that he had spoken to City Manager Curtis about parking issues andi indicated that some were abusing the system. He believed thatt the City needed to set certain policies and boundaries and referenced thats some residents werer renting out their driveways and he also discussed boats and trailers. He advised that the City needed a clearer definition of commercial vehicles. He was aware that there was an Ordinance against people living in recreational vehicles (RV) ands suggested implementing a policy pertaining to this. He did not agree with non-Margate residents VICE MAYOR SCHWARTZ advised that the City had rules pertaining tol boats and commercial vehicles but indicated that they were not always enforced until itb becomes wished everyone to continue to be safe. parking vehicles int the City. toor much of ani issue. Discussion ensued. Discussion ensued. COMMISSIONER CAGGIANO believed that the City was enforcing the parking rules. VICE MAYOR SCHWARTZ: said that Margate's National Night Out Against Crime was amazing. She discussed the Legacy Closet's Community Giveback Event which she participated in and highlighted the kind generosity of donations fromy well known organizations and volunteers of all ages. Shei indicated that they needed to come and MAYOR RUZZANO questioned who wrote parking tickets within the City. CITY ATTORNEY, DAVID N. TOLCES, advised that both the Police Department and Building Code Compliance could write tickets. He explained that there was due process discuss the homeless issue. and people hadt the right to challenge the citation. MAYOR RUZZANO discussed parking issues inl Margate. COMMISSIONER. ARSERIO believed that the City did not needt tol be! proactive about parking andr matters should be dealt with on a case by case basis. VICE MAYOR SCHWARTZ forewarned the City against note enforcing parking restrictions CITY ATTORNEY TOLCES said that nobody had advised nott to enforce anyf federal, state or locali laws and believed that the City was just discussing the laws that currently exist onp parking. He repeated' Vice Mayor Schwartz's comments that there was a history of individuals who would file lawsuits against cities and businesses for not taking steps to pertaining to ADA or discussing this matter. improve curbs, walkways, access and restrooms. Discussion ensued on parking issues int the City. City of Margate Page3 Printed on 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 MAYOR RUZZANO encouraged children to sign up tot the City's sports programs. He indicated thatt the Legacy Closet's Community Giveback was ani incredible event which helped al lot of families and! he was glad that the City waived the fees to use Margate's Sports Complex. He also praised the volunteers whoy participated. He advised that Fire Station 58 would be having its grand opening soon. He said that Margate Elementary School was named an' "A"s school. He congratulated the new CoP Palma. He discussed being closer to the vision of the City's Community Redevelopment. Agency (CRA) where Requests for Proposals (RFP) were received from developers nationwide. and he also CITY ATTORNEY TOLCES said thati ity was good to be back. He congratulated the new CoP Palma andt that he looked forward to continuing to work further with his department. CITY MANAGER, CALE CURTIS, congratulated the new CoP Palma andi that he provided an update of new businesses. 3) CITY MANAGER'S REPORT supported him 100%. 4) CONSENT AGENDA Itemsl listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion int thet form listed below. If discussion is desired by the Commission, the item(s) will be removed from the Consent Agenda and will be considered separately. A. ID2024-223 MOTION - APPROVAL OF CITY COMMISSION MINUTES: JULY 3, 2024 REGULAR CITY COMMISSION MEETING, JULY 9, 2024CITY COMMISSION BUDGET WORKSHOP AND JULY 10, 20241 REGULAR CITY COMMISSION MEETING APPROVED B. ID2024-243 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DIVISION OF ARTS AND CULTURE CULTURAL FACILITIES PROGRAM REQUESTING $133,300FOR THE MARGATE COMMUNITY CENTER PROJECT AND FURTHER AUTHORIZING AN AMOUNT OF $266,600AS THE CITY'S MATCHING FUNDS APPROVED C. ID2024-246 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, AUTHORIZING A WAIVER OF BIDDING REQUIREMENTS FOR THE ACQUISITION OF SOLE SOURCE LIGHTNING PROTECTION SYSTEMS AND SERVICES FROM THE AVANTI COMPANY FOR THE CITY FACILITIES; AUTHORIZING THE EXPENDITURE OF $95,994.00FOR PROTECTION OF WATER AND WASTEWATER TREATMENT PLANTS APPROVED D. ID2024-249 RESOLUTION APPROVING A LETTER OF SUPPORT FOR THE DISTRIBUTION OF $432,599.000F SURPLUS FEDERAL FISCAL YEAR Cityo ofA Margate Page4 Printed on 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21,2024 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT-COUNTYWIDE (JAG-C) PROGRAM FUNDS TO BROWARD COUNTY; PROVIDING FOR EFFECTIVE DATE APPROVED E. ID2024-252 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, SUPPORTING THE METROPOLITAN PLANNING ORGANIZATIONS FINAL 2050 METROPOLITAN TRANSPORTATION PLAN; PROVIDING FOR EFFECTIVEDATE APPROVED F. ID2024-259 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING AND ACCEPTING ASSIGNMENT OF THE AUDITING SERVICES AGREEMENT AUTHORIZED UNDER RESOLUTION 2023-063 BETWEEN KEEFE, MCCULLOUGH & CO., LLC (KMC) AND THE CITY OF MARGATE TO CITRIN COOPERMAN & COMPANY, LLP; PROVIDING FOR AN EFFECTIVE DATE APPROVED Approval of the Consent Agenda Ar motion was made by' Vice Mayor Schwartz, seconded by Commissioner Arserio, to approve the Consent Agenda. The motion carried by the following Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice vote: Mayor Schwartz and Mayor Ruzzano 5) RESOLUTIONS) (Continued) A. ID2024-195 APPROVING APPOINTMENT OF TO THE CIVIL SERVICE BOARD FOR THE TERM COMMENCING AUGUST 26, 2024, THROUGH AUGUST25,2026 Discussion ensued. Ar motion was madel by Commissioner Caggiano, seconded by Commissioner Arserio, toi insert the name of Pierre Basquin. MAYOR RUZZANO saidt thati if this Resolution did not pass, he would liket to see Lauren Beracha on the board. The motion failed as follows: Cityo ofA Margate Page5 5 Printed ons 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 Yes: 1- Commissioner Caggiano No: 4- Commissioner Simone, Commissioner Arserio, Vice Mayor Schwartz and Mayor Ruzzano Ar motion was made by Vicel Mayor Schwartz, seconded by Commissioner Arserio, toi insert the name, Lauren Beracha. This carried as follows: The motion carried by the following vote: Mayor Schwartz and Mayor Ruzzano Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner. Arserio, Vice B. ID2024-245 APPROVING A RENEWAL OF THE AGREEMENT WITH INFRAMARK LLC TO PROVIDE FOR DISCONNECTIONS, RESTORATIONS AND ADDITIONAL SERVICES; PROVIDING AN ANNUAL FLAT RATE PRICING; PROVIDING AI motion was made by Commissioner Caggiano, seconded by Vice Mayor Schwartz, that this Resolution, should be discussed. FORI EFFECTIVE! DATE VICE MAYOR SCHWARTZ questioned whether there had been any problems with the CITY MANAGER CURTIS indicated thata as far as hel knew, there were nop problems and meters. that the City had been quite happy with this company. This motion carried by the following vote: Mayor Schwartz and Mayor Ruzzano Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner. Arserio, Vice D. ID2024-256 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #3080 (IAFF LOCAL #3080) MODIFYING ARTICLE 16- DEPARIMENTAL STAFFING OF THE COLLECTIVE BARGAINING AGREEMENT FOR THE PERIOD FROM OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2025; PROVIDING FOR A DAILY MINIMUM DUTY COMBAT FORCE OF NINETEEN (19) STATE CERTIFIED FIREFIGHTERS; PROVIDING FOR THE MOU TO BECOME EFFECTIVE JUNE 1, 2025SUBJECT TORATIFICATION, PROVIDING FOR EFFECTIVEDATE Ar motion was made by Commissioner Simone, seconded by' Viçe Mayor Schwartz, that this Resolution, should be approved. Cityo ofA Margate Page 6 Printed ons 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 VICE MAYOR SCHWARTZ believed thati ini the long run, this Resolution would provide betters service ast they would no longer have to send out five people andt two trucks to COMMISSIONER. ARSERIO thanked Mayor Ruzzano for bringing forward this Resolution COMMISSIONER CAGGIANO thought that this Resolution would leadt to less injuries. MAYOR RUZZANO congratulated Fire Chief Lorenzo ande encouraged people to see the cover what three people could do. and explained thati ith had been long overdue. video oft the Margate Fire Department ont the City's website. The motion carried by the following vote: Mayor Schwartz and Mayor Ruzzano Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice E. ID2024-257 RESOLUTION APPROVING AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF MARGATE FOR OPTIONAL COUNTY SERVICES; UTILIZING THE HOUSEHOLD HAZARDOUS WASTE AND ELECTRONICS PROGRAMS FOR AN INITIAL TERM ENDING SEPTEMBER 30, 2026; PROVIDING FOR AUTOMATIC EXTENSION; PROVIDING FOR RATE; PROVIDING FOR ANNUAL ESCALATION AND QUARTERLY A motion was made by Commissioner: Simone, seconded by Commissioner Caggiano, that this Resolution, should be approved. This carried by the Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice INCREASE; PROVIDING FORI EFFECTIVEDATE following vote: Mayor Schwartz and Mayor Ruzzano F. ID2024-248 APPOINTMENT TO THE BROWARD MPO CITIZENS' ADVISORY COMMITTEE COMMISSIONER ARSERIO explained that he was the current voting member fort the Metropolitan Planning Organization (MPO) ande expressed that it had been tough over many) years to get projects going int the City butt they had seen progress. He informed that there were: several projects int the Cityt that were in the pipeline for the MPO. He said that this position was similar to al Planning andz Zoning advisory for citizens tos serve and each City had a representative. He informedi that this Resolution was technically his appointment: as al MPO! position but as a courtesy, he wanted tol havei itf formalized: at the City Commission meeting andi ifity was approved, they could send a letter tot that organization. A motion was made by Commissioner. Arserio, seconded by Commissioner Caggiano, toi insert name, Joao Brandao. City ofA Margate Page7 7 Printed on9 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 Discussion ensued. This motion carried by the following vote: Mayor Schwartz and Mayor Ruzzano Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice 6) ORDINANCES): - FIRST READING A. ID2024-258 ORDINANCE AMENDING CHAPTER 33- POLICE AND LAW ENFORCEMENT; OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE 1- OFFENSES, MISCELLANEOUS PROVISIONS, ADDING NEW SECTION 33-34PUBLIC CAMPING OR SLEEPING PROHIBITED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AI motion was made by Commissioner. Arserio, seconded by Commissioner Caggiano, thatt this Ordinance, First Reading, should be approved. ANI EFFECTIVE DATE COMMISSIONER CAGGIANO questioned City Attorney Tolces ift this Ordinance was CITY ATTORNEY TOLCES explained thati it was notr necessarily matching that of the State Law and advised thati int this legislative session, the Florida legislator and Florida State Governor DeSantis signed al bill. He informed that the bill provided for a new provision inf Florida lawi that could potentially impose civil liability on a municipality for failing to enforce or prevent individuals from engagingi in public camping or sleeping on any public property including any public right of way under thej jurisdiction of the City. He advised that in reviewing this current City Code, there were no provisions relating top public camping or sleeping prohibitions. He explained that his office worked with the Police Department in drafting some code provisions that would be able to be used as a defense byt the City. He saidt that the Ordinance that they were presenting was consistent with Florida law as well as the recent case decided by the United States Supreme Court that found thati ity was not cruel and unusual punishment toj jails someone who was camping or VICE MAYOR SCHWARTZ expressed her sadness and that régardless of political party, she said thatt they had legislators who saw a problem but did not offer a solution other thand criminalizing people who were homeless and making itap problem that was not easy COMMISSIONER. ARSERIO said that the Statei identified ani issue and came up with no solution whicht the cities had to work out. He advised that the City would have to pay for the prosecution and the public defender buts saidt that an arrest should be al last resort. He informed that some people would! hold the City accountable ift they didr not enforce the State's rules. He explained that he hadr received complaints from mothers at City parks identical to the State Laws. sleeping inj public. to solve ast there were not enough shelters tos start with. City of Margate Pages 8 Printed ons 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 with their children that there were homeless people during the days sleeping and bathing in the! kids splash pads which made them feel uncomfortable. He recommended finding common ground but not to send people toj jail. He saidt that some homeless people were displaced and questioned ift the American Rescue Plan Act (ARPA) could be usedt to VICEI MAYOR SCHWARTZ believed that they were going to find al lot of people who could nota afford their new insurance andt the reserves which they have tof fund in their condos. COMMISSIONER CAGGIANO explained that at a recent meeting, they had residents from Palm Springs andi that 51 units were already in foreclosure as they could not pay their Homeowners Association (HOA) fees. He expressed his dismay of having to make provide al bus ticket so they could use it to get home. this rule top protect the City against lawsuits. Discussion ensued. MAYOR RUZZANO summarized by explaining that the City was putting together this Ordinance to protect the City. He saidt that the community needed tov work together on this Ordinance and perhaps seek funds from Broward County as Margate did not have the revenue to house everyone. Discussion ensued. THE LEGACY CLOSET'S MARGI BRE advised thati for the last three years, she handled most of the! homeless population int the City and explained her role. She questioned whether the City had al budget for homeless outreach int the City. MAYOR RUZZANO did not believe the City had as specific budget but thought their Police THE LEGACY CLOSET'S BRE understood Margate's plan to send the homeless toa shelter buti informed that there was no availability for the same in Broward County due to av waiting list. She also highlighted thati ift the homeless went tot the task force, there may be availability for a compassion stay but they would be asked tol leave the facility at 5:30am and then they were back out on the street. She forewarned that the City could be suedi ift they leave the homeless in another City ande explained that the City of Tamarac bought housing vouchers to house the homeless in other cities. VICE MAYOR SCHWARTZ said thats she would donate her accumulative $2,000 allowance for the Legacy Closet to use for the homeless int the City ofl Margate. Department had's some sort ofi involvement. Discussion ensued. The motion carried by the following vote: Mayor Schwartz and Mayor Ruzzano Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice 7) ORDINANCES)-- SECOND READING A. ID2024-250 AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, ADOPTING AMENDMENTS TO THE CITY OF MARGATE, FLORIDA'S COMPREHENSIVE City ofMargate Pageg Printed on 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 PLAN; AMENDING ELEMENT III, "SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUND WATER, AQUIFER RECHARGE; AMENDING PART 1, "POTABLE WATER" IN ORDER TO ADOPT THE UPDATED TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO SECTION 163.3177, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR Ar motion was made by Commissioner Caggiano, seconded by Vice Mayor Schwartz, that this Ordinance, Second Reading, should be approved. AN EFFECTIVE DATE MS. VANWINKLE questioned ift this Ordinance hadt to do witht the water plant. CITY MANAGER CURTIS explained itv was legall language updates that pertain toi their Comprehensive Plan which was required tot take place every 10 years. Discussion ensued. The motion carried by the following vote: Mayor Schwartz and Mayor Ruzzano Yes: 5- Commissioner Caggiano, Commissioner Simone, Commissioner Arserio, Vice ADJOURNMENT There being no further business, the meeting adjourned at 8:51pm. Respectfully submitted, Transcribed by Salene E. Edwards Date: 9lg/a0u4 PLEASENOTE: D City ofl Margate Page 10 Printed ons 9/10/2024 3:50PM Regular City Commission Meeting Meeting Minutes August 21, 2024 Ifap person decides to appeal any decision madel by the City Commission with respect to any matter considered at this meeting, the person will need a record of the proceedings, and for such purpose may need to ensure thata a verbatim record of the proceedings is made, which recordi includes the testimony ande evidence upon whicht the appeal ist to bel based. Anyone desiring ay verbatim transcript shall have the responsibility, at his/her own expense, [Unified Land Development Code - Section 40.300(C)] Any representation made before any City Board, any Administrative Board, ort the City Commission in the application for a variance, special exception, conditional use or request for any other permit shall be deemed a condition of the granting of the permit. Should any representation be false ors should said representation not be continued as represented, same: shall be deemed a violation of the permit Any person with a disability requiring auxiliary aids and services for this meeting may callt the City Clerk's office at One or more members of the City of Margate Boards may bei ina attendance and may participate at the meeting. Members of the public are invited to view this meeting through Zoom using Webinar ID: 8106 6842 2115 or can listen via telephone by calling one of the following phone numbers: US: +131262667991 or +19292056099. A copy oft the Agenda for this Meeting is posted on www.MargaterL.com: and on the main! bulletin board outside to arrange for thet transcript. and a violation of this section. (954) 972-6454 with their request atl least two business days prior tot the meeting date. City Hall located at 5790 Margate Blvd, Margate, FL: 33063. THROUGH THE CITY'S WEBSITE: Go to www.margater.com items ands see the Zoom meeting information Go to' "Agendas & Minutes"> Find the respective meeting date and click" "Agenda Summary" to view the agenda ALTERNATE OPTION FOR VIEWING AND LISTENING TO THE MEETING THROUGH: ZOOM.US Instructions: Topic: "Margate Regular City Commission Meeting" Enter thet following link to join the webinar: hitps./ls02web.zcom.ts/y81068422115 Dial (for higher quality, dial a number based ony your current location): Telephone: US: +13126266799 or +1 9292056099 City of Margate Page 11 Printedo on 9/10/2024 3:50PM