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HomeMy WebLinkAbout2021-02-24 - City Commission Regular Meeting MinutesCity of Tamarac Virtual City Commission - Minutes Wednesday, Feb. 24, 2021 CALL TO ORDER: Mayor Gomez called the Wednesday, Feb. 24, 2021, Virtual City Commission meeting to order at 9:30 a.m. ROLL CALL-. -. Commissioner Marlon Bolton, Commissioner Mike Gelin, Commissioner Debra Placko, Vice Mayor Elvin Villalobos, and Mayor Michelle J. Gomez were present virtually. Also present were City Manager Michael C. Cernech, Interim City Attorney Hans Ottinot, and City Clerk Jennifer Johnson. PLEDGE OF ALLEGIANCE: Commissioner Bolton led the Pledge of Allegiance. 1. PROCEDURES FOR VIRTUAL MEETINGS Interim City Attorney, Hans Ottinot, summarized the procedures for conducting virtual meetings including the public comments portion of the meeting and conducting a roll call vote. 2. PROCLAMATIONS AND PRESENTATIONS a. Proclamation — Eating Disorders Awareness Week Requested by Mayor Gomez Mayor Gomez stated a copy of this proclamation would be provided to the organization. b. Proclamation — COVID-19 Memorial Day Requested by Mayor Gomez Mayor Gomez read the proclamation for the record. C. Employee Service Awards 5 Years of Service Dephine Johnson-O'Meally Jahmale Hepburn Andrew Rozwadowski Dane Hinkle Dean Williamson 15 Years of Service Nichola Lews-Morgan Anthony Licata Milagritos Lopez Lisette Cruz Troy Geis Oliver Hewitt Jorge Martinez 20 years of Service Clark Louzier Regina Skenandore John Doherty CITY COMMISSION MEETING Feb. 24, 2021 Hannes Lugger Imran Khan Michelle Fontanez 30 years of Service Frank Pacious City Manager, Michael C. Cernech, took a moment to recognize and congratulate our employees who have reached a city service milestone from November 2020 — February 2021. Cernech then provided a presentation, which is on file in the City Clerk's Office. 3. CITY COMMISSION REPORTS a. Commissioner Bolton Commissioner Bolton had nothing to report, and offered his cell phone number, and his Facebook page. b. Commissioner Gelin Commissioner Gelin provided a presentation, which is on file in the City Clerk's Office. C. Vice Mayor Villalobos Vice Mayor Villalobos thanked everyone for joining, and encouraged everyone to keep reaching out to the members of the Commission. Villalobos added, if you see something, say something and this way we know what's going on. d. Commissioner Placko Commissioner Placko thanked everyone for contacting her, and she appreciates everyone letting her know what is going on. Placko agreed with Vice Mayor Villalobos stating, if you see it, say it. Keep contacting her, as that is what she is here for. e. Mayor Gomez Mayor Gomez stated she would reserve her report until after the City Manager's report. 4. CITY ATTORNEY REPORT Interim City Attorney, Hans Ottinot, reported he sent the Commission an email with an update on the vacation rentals bill. He stated legislative committees are still reviewing in the House, in the Senate, the bill has not passed yet. 5. CITY MANAGER REPORT Our Economic Development Office wanted to let our small businesses know that a new round of PPP funding is now open thru the end of March with expanded rules for business eligibility and for loan forgiveness. The U.S. Small Business Administration just announced on Monday that businesses with 20 or fewer employees can exclusively apply for PPP funding starting TODAY for the next 2-weeks, meaning the smallest of small businesses won't be competing with larger businesses for funding if they apply over the next 2-weeks. For more information, visit SBA's website at SBA.gov or call our Tamarac Economic Development Office at 954-597-3513. CITY COMMISSION MEETING Feb. 24, 2021 Our Community Development Office advises that Round 5 of the Residential Assistance Program Application period is now closed. As of Monday they had received enough applications to exhaust the funds. A total of 134 applications were received and are now going through the approval process. Thank you to our Community Development Housing staff for their continued work on getting these funds out to our residents in need. In honor of Black History Month our Parks and Recreation Department has two exciting events planned for this coming weekend: Please join us as we celebrate Black History Month at the Tamarac Sports Complex, 9901 NW 77 Street this Friday February 26th from 6:00 -8:30 p.m. The evening will include an art display, poetry, dance, and recognition of distinguished black community and business leaders. Everyone is also invited to participate in the virtual presentation of "Quilting, A Historical Perspective Through Art" this Saturday, February 27th at 10 a.m. by world renowned South Florida artist George Gadson. Participants will be introduced to quilts that were used as tools for communication during the Underground Railroad, as well as quilts by artist, Faith Ringgold and Gee's Bend quilters. Participants will also be guided through a creative process that will allow them to create their own quilts using a variety of materials. Please register at https://quilting-a-historical-perspective-through-art.eventbrite.com, the cost is $10 and proceeds will go to United Way. Other events: On Friday, March 5th please join us for a free big screen movie in the park where we will be showing the movie "Doolittle". The movie starts at 7:00 pm at the Tamarac Sports Complex. Limited tickets are available! Pre -registration is required to reserve your space. The cost is $5 per space. Each space is limited to 6 family members. Concessions will not be available, but a free bag of goodies will be given for each space reserved. Please register at https://tamarac- movie-in-the-park.eventbrite.com. The Feeding South Florida drive-thru food distribution events continue. The next distribution events will take place on: Wed., Mar. 3rd 9:00 — 11:00am Christian Life Center Church Mon., Mar. 8th 9:00 — 11:00am Community Christian Church Mon., Mar. 29th 9:00—11:00am Community Christian Church Congratulations to our Assistant Building Official Pat Richardson, who has been named Chief Electrical Inspector of the Year by the membership of the Broward County Code Officials Educational Association. Pat has also received the Presidential award for his service to the organization and serves as the association's Executive Secretary. This association represents a membership who work for Building Departments in the South Florida tri-county area and have represented and trained building inspectors, plans examiners and building officials for over 40 years. Congratulations Pat and thank you for your dedication to the building profession. CITY COMMISSION MEETING Feb. 24, 2021 Following the City Manager's report, Mayor Gomez added that every Saturday, at the Korean United Methodist Church there is a food distribution event with Feeding South Florida. It starts at 8 a.m. and runs till about 10-10:30 a.m. While supplies last. Gomez added, please continue to reach out to us. For those that post on Next Door, not everyone may have the ability to see it, so let us know by calling or sending an email. Gomez stated she read an article in the Miami Herald regarding the Interim City Attorney being under investigation by the State Attorney. Gomez stated she would like the article included as part of the record. Discussion by the Commission ensued regarding taking a lunch break. None. �0101► ► ► 19711 .. . • 1 1 . - • PAL • 11 11 • 1 Ji 1 t 11 1 1.. . . 1 1 1 l •11II •1 �� 1 11 1 . � .lIVIT. 1 1 1 . 1•, i . 1 1 1! 11 1 • � • • • • 1 -. 1 1 r • 11 II • 1 �� - 1 t �� 1 1 1 • • 'Torwr 'ZIP 1 • This item was pulled for discussion and vote. f. TR13555 —Surtax 2nd Amendment A Resolution of the City Commission of the City of Tamarac, Florida, adopting the Second Amendment to and restatement of the Transportation System Surtax Interlocal Agreement (ILA) administering the Broward County 30-Year One -Percent Surtax for Transportation projects, including the City of Tamarac Cycle 1 projects recommended by the Broward County Commission, attached hereto as Exhibit "C"; providing for conflicts; providing for severability; and providing for an effective date. • • •1 •1 111 It City of 11•. •11 •HaTce itfitY 1 Housing Sta1 CITY COMMISSION MEETING Feb. 24, 2021 A Resolution of the City Commission of the City of Tamarac, Florida, confirming Fair Housing compliance with the US Department of Housing and Urban Development and adopting the 2020 Analysis of Impediments to Fair Housing Choice prepared in partnership with Broward County Home Consortium, attached hereto as Exhibit "A: and the City of Tamarac Transit Title VI Program Plan, attached hereto as Exhibit "B", as a condition of Community Development Block Grant — Disaster Recovery (CDBG- DR) program funding for four wastewater lift station generators located within the city; providing for conflicts; providing for severability; and providing for an effective date. h. TR13569 — District 1 Reaonointing Board Members A Resolution of the City Commission of the City of Tamarac, Florida, reappointing members to the Parks and Recreation Board, Planning Board and Public Art Committee to serve a term concurrent with the appointing Commission member, or until such time as new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. i. TR13564 — District 2 Planning Board Anoointment A Resolution of the City Commission of the City of Tamarac, Florida, appointing Richard Hughes to the Planning Board to serve a term concurrent with the appointing Commission member, or until such time as new appointments are made; providing for severability; and providing for an effective date. The City Manager announced there were no additions or deletions. Commissioner Gelin requested to pull Item 7.e. TR13554 - Financial Auditing Services Renewal for discussion. Commissioner Bolton moved to accept the Consent Agenda as amended. Commissioner Placko seconded. City Clerk Johnson, conducted a roll call vote, and the motion to approve the Consent Agenda as amended carried unanimously 5-0. Interim City Attorney, Hans Ottinot, read the title for the record. TR13554 — Financial Auditing Services Renewal A Resolution of the City Commission of the City of Tamarac, Florida, approving the two (2) year renewal option for the Agreement for Financial Auditing Services, and to further authorize the appropriate City officials to execute a Renewal Letter of Engagement between the City of Tamarac and RSM US, LLP, for annual financial auditing services for a period of two (2) years for Fiscal Years ending on September 30, 2021, and Section 30, 2022, respectively, for an annual not to exceed cost of $109,500 annually for an aggregate price of $219,000, over the two (2) year renewal period; and providing a provision to authorize the City Manager or designee to approve the extension of the scope of serves to include the audit of any CARES Act programs at a rate of $9,600 as may be required; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Bolton motioned to approve. Commissioner Gelin seconded. CITY COMMISSION MEETING Feb. 24, 2021 Discussion by the Commission ensued related to conducting an RFP for this service, conduct of the Audit Selection Committee. Following discussion, City Clerk Johnson conducted a roll call vote and motion to approve carried unanimously 5-0. F1111111111111111:14C111: ►0_ a. TR13547 — City of Tamarac 2021 State Legislative Session Agenda A Resolution of the City Commission of the City of Tamarac, Florida, approving the City of Tamarac Legislative Agenda for the 2021 State of Florida Legislative Session; directing the City Clerk to transmit a copy of the City of Tamarac Legislative Agenda for the 2021 State Legislative Session to the Florida League of Cities, the Broward League of Cities, the Broward County Board of County Commissioners; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Commissioner Gelin motioned to approve. Commissioner Bolton seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Discussion by the Commission ensued with a request for the Interim City Attorney to research HB 195, SB506 and SB154. There was also a request to determine is other cities were supporting the legislation, and if Florida was regulating the mugshots.com website. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. b. TR13566 — Action Plan Amendment — FYI 9/20 A Resolution of the City Commission of the City of Tamarac, Florida, approving a second amendment to the cities previously adopted Annual Action Plan for fiscal year 2019/2020 attached hereto as Exhibit "A", for expenditure of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG); providing for the incorporation of the second allocation of Coronavirus Aid, Relief, and Economic Security (CARES) Act fund (CDBG-CV3) to cover the costs associated with the Residential Housing Assistance Payment program; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. City Clerk Johnson confirmed there were no comments from the public on this item. City Clerk Johnson conducted a roll call vote, and the motion to approve carried unanimously 5-0. CITY COMMISSION MEETING Feb. 24, 2021 c. TR13572 — Officials serving on outside boards/agencies will declare a conflict of interest if they are asked to vote on any city land use apolications A Resolution of the City Commission of the City of Tamarac, Florida, establishing a policy restricting an elected official's participation in discussion of issues and voting on matters at non -city board meetings when the same or a related matter is pending or will be voted on by the City Commission; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record and clarified the resolution is general prohibition and not just for land use applications. Commissioner Gelin motioned to approve. Vice Mayor Villalobos seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Discussion by the Commission ensued related to when a Commissioner would need to disclose a conflict and that being if a matter comes before the Commission and then subsequently is presented to you as part of a different board then this policy would trigger. Commissioner Bolton submitted a Resolution from the City of Vero Beach, Florida, to be included as part of the record. Mayor Gomez submitted information regarding resolutions and ordinance be included as part of the record. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried 4-1 with Mayor Gomez dissenting. d. TR13573 — Endorsing Vision Zero Plan to Eliminate All Traffic Related Fatalities and Serious Injuries by 2040 A Resolution of the City Commission of the City of Tamarac, Florida, endorsing Vision Zero Plan to eliminate all traffic -related fatalities and serious injuries by 2040; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Commissioner Bolton motioned to approve. Vice Mayor Villalobos seconded. Commissioner Gelin provided a presentation, which is on file in the City Clerk's Office. City Clerk Johnson confirmed there were no comments from the public on this item. Discussion by the Commission ensued. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. CITY COMMISSION MEETING Feb. 24, 2021 a. T02455 — Creation of the Ruth Bader Ginsberg Commission An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2, "Administration," Article III, "Boards, Committees, Commissions," of the City of Tamarac Code of Ordinances, by creating Division 5." United Stated Supreme Court Justice Ruth Bader Ginsberg Commission on the Status of Women; providing for appointment of members; providing for term of office; providing for duties and powers; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Commissioner Bolton motioned to approve. Commissioner Gelin seconded. Lerenzo Calhoun, Director of Human Resources, provided a presentation, which is on file in the City Clerk's Office. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. b. T02457 — Amending Section 2-58(a) "AI21218cation Process" An Ordinance of the City Commission of the City of Tamarac, Florida, amending Article III of the Code of Ordinances entitle "Boards, Committees, Commissions" by specifically amending Sec. 2-58(a) "application process" by providing for discretion and flexibility when advertising for board and committee vacancies; providing for conflicts' providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. c. T02461 — Amending Chaster 2 "Comprehensive Procedures" Random Voting An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2 of the City's Code of Ordinances, entitled "Administration", amending Article II, entitled "City Commission", by specifically amending Section 2-34 entitled "Comprehensive Procedures" that the order of voting at Commission meetings shall rotate in a random manner for all members; providing for codification; providing for conflicts; providing for severability; providing for an effective date. CITY COMMISSION MEETING Feb. 24, 2021 Interim City Attorney, Hans Ottinot, read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Bolton seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Discussion by the Commission ensued regarding how other cities vote for items. Commissioner Bolton made a friendly amendment to have the Mayor always vote first, then everyone else would be random, and after an election, the Commission will decide the rotation. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve the Mayor always vote first, then everyone else would be random, and after an election, the Commission will decide the rotation carried unanimously 5-0. �[Imall:14r0 am1 11►`Cq" a. T02437 — Revised Flood Ordinance An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 8 of the Code of Ordinances of the City of Tamarac, entitled "Flood Prevention and Protection," by amending Article I, entitled "Administration," by specifically amending §8-9, entitled "Basis for Establishing Flood Hazard Areas" and Article II, entitled "Definitions," by specifically amending §8047, definitions as used in this chapter, and Article III, entitle "Flood Resistant Development," by specifically amending §8-48-2, §8-48.3, and §8-59 "Specific Methods of Construction and Requirements as mandated by the Federal Emergency Management Agency (FEMA); providing for codification; providing for conflicts; providing -for severability' and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Gelin seconded. George Folles, Chief Building Official, provided a presentation, which is on file in the City Clerk's Office. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. CITY COMMISSION MEETING Feb. 24, 2021 b. An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled Land Development Code" by amending Article 4, entitled "Development and Design Standards" specifically amending Section 10-4.3, entitled "Off -Street Parking and Loading", by creating Section 10-4.3(J), entitled "Electric Vehicle Parking Requirements"; and amending Article 6 entitled "Rules of Construction and Definitions for electric vehicle charging stations; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Bolton seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. c. T02452 — Ordinance amending the Woodlands Overlay District to strike approval of exterior colors for single family homes from the City's authority and granting aogroval to the WHOA An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land Development Code" by amending Article 2, entitled "Zoning District", by striking the paint approcal authority granted to the city under Section 10-2.7(C)(7), entitled "Exterior Colors for Single -Family Dwellings as same is now within the purview of the Woodlands homeowners association ("WHOA"); providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Bolton seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. d. T02464 — Ordinance Sister Cities Committee amending membership from seven (7) to five (5) members An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 2, "Administration," Article III, "Boards, Committees, Commissions" of the Tamarac Code of Ordinances, by amending Section 2, "Sister Cities Committee" providing for conflicts; providing for severability; providing for codification and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. CITY COMMISSION MEETING Feb. 24, 2021 Commissioner Gelin motioned to approve. Commissioner Placko seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 5-0. e. T02456 — Amending Section 2-425 "Travel Ex eta nse„ An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2 "Administration" and amending Article XII, entitled "Travel"; specifically amending Section 2-242, entitled "Travel Expenses", to provide for an optional fixed expense account for elected officials upon request; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Ottinot clarified for the record, this is a separate travel expense account that does not include the car allowance and there will be a minor revision to the language in the ordinance. There will be a fixed account with a minimum of $15,000. Vice Mayor Villalobos motioned to approve. Commissioner Gelin seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried 4-1 with Mayor Gomez dissenting. f. T02458- Amending Chapter 2 — "Comprehensive Procedures" An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2 of the City's Code of Ordinances, entitled "Administration" specifically amending Section 2-29, 2032, and 2034; providing for new meeting time for the second regular City Commission meeting; providing for the City Commission as a body to regular debate and public discussion; providing for paid legislative aides; providing for the placement of four (4) items on the agenda by a member of the City Commission; providing for the reading of a proclamation by the sponsor; and providing for the issuance of the Key to the City by the sponsor; providing for the penalties; providing for codification; providing for conflicts; providing for severability; providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Ottinot clarified there proclamations and keys to the city are not in the body of the ordinance, rather that will be addressed by a separate resolution. Commissioner Bolton motioned to approve. Vice Mayor Villalobos seconded. City Clerk Johnson confirmed there were no comments from the public on this item. CITY COMMISSION MEETING Feb. 24, 2021 Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried 4-1 with Mayor Gomez dissenting. g. T02469 — Amending Section 6-148 "Exclusions and Exceptions to Bid Proposal Requirements" An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 6 entitled "Finance and Taxation"; amending Article V, entitled "Tamarac Procurement Code"; specifically, amending Section 6-148 entitled "Exclusions and Exceptions to Bid and Proposal Requirements" of the Tamarac Code of Ordinances; providing for severability; providing for codification; and providing for an effective date. Interim City Attorney, Hans Ottinot, read the title for the record. Vice Mayor Villalobos motioned to approve. Commissioner Gelin seconded. City Clerk Johnson confirmed there were no comments from the public on this item. Following discussion, City Clerk Johnson conducted a roll call vote and the motion to approve carried 4-1 with Mayor Gomez dissenting. Mayor Gomez recessed the meeting at 12:18 p.m. and set it to reconvene at 12:50. Vice Mayor Villalobos took the gavel. Commissioner Bolton motioned to take 45 minutes for lunch, leaving at 12:30 p.m. and return at 1:15 p.m. Commissioner Gelin seconded. Mayor Gomez took the gavel back, and City Clerk Johnson conducted a roll call vote, which carried unanimously 5-0. iTA0r*TF■ _ : ►�1 OF "I- ;jFr171T Mw Interim City Attorney, Hans Ottinot, outlined information provided for through a memo relating to development review procedures under the City Code. Maxine Calloway, Director of Community Development, provided a chart and explained the current process for reviewing land development items. Mayor Gomez recessed the meeting at 12:30 p.m. and reconvened at 1:15 p.m. City Clerk Johnson conducted roll call, and all members of the Commission were present upon return from the recess. Calloway continued with an explanation of the City's current process for land development items, as well as how other municipalities in Broward County conduct LDC issues. Discussion by the Commission ensued. CITY COMMISSION MEETING Feb. 24, 2021 Commissioner Placko made a motion to adopt option one (1) [from the City Attorney's memo, which was change the land development code to make all decision of the Planning Board become recommendations to the City Commission and the City Commission will be the final decision maker on all matters]. Commissioner Bolton seconded. City Clerk Johnson conducted a roll call vote, and the motion carried 3-2, with Vice Mayor Villalobos and Mayor Gomez dissenting. • • 1 1 • • 1 • 1 + 11 = • . 1 • • 1 • I t -M-T-a Commissioner Gelin provided a presentation, which on file in the City Clerk's Office. Discussion by the Commission ensued. Vice Mayor Villalobos motioned to approve. Commissioner Gelin seconded. City Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. Commissioner Bolton requested the following items: a) Ensuring residents who call City Hall have a phone prompt option of Spanish and Creole b) Asked for an item on every agenda where he could have a place to direct the City Manager or City Attorney on items for future research c) Have the City Attorney look into having staff members who are of the LGBT community, or common law union, eligible for benefits. Bolton asked for it to be named Safe City Resolution, and we would adopt the policy under that resolution. d) Bring back a resolution naming a street or something after Congressman Alcee Hastings e) Research striking language from an ordinance requiring a person be deceased Commissioner Gelin read a letter from Ms. Doris Span, thanking the City Commission for adopting the Vision Zero plan. Mayor Gomez adjourned the meeting at 2:26 p.m. Minutes transcribed and submitted by City Clerk Jennifer Johnson. \\ JAA IIIII/,//, of: •TAM-9,9'% (IJe7ifer Joh on, M cD ESTABLISHED Q O 1963 : D 9�• SEAL :4Z; Mich Ile J. Gomez, Ma • ,CO U N1\y\\\�� CITY COMMISSION MEETING Feb. 24, 2021 Note to the reader. The above signature is the City Clerk, of the City of Tamarac, Florida. if the minutes you have received are not signed, or completed as indicated above, they are not the official minutes of the Tamarac City Commission Workshop held Wednesday, March 10, 2021. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771. CITY COMMISSION MEETING Feb. 24, 2021 Jennifer Johnson From: Andres Losa <11osaandres943@gmail.com> Sent: Tuesday, March 9, 2021 7:05 PM To: Jennifer Johnson Cc: Michelle J. Gomez; Marlon Bolton; mike. gelin@tamarac.rog; Elvin Villalobos; Debra Placko Subject: Re: FW: [EXTERNAL] INTERIM CITY ATTORNEY HANS OTTINOT - MIAMI-DADE COUNTY STATE ATTORNEY CRIMINAL INVESTIGATION This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Thank you Ms. Johnson. Please provide the Mayor and Commission and include the following in the record also: Mayor Gomez and City Commissioners Over the last few weeks, I and my neighbors have become very familiar with our Interim City Attorney's past and current grey area practice. We have shared some of Ottinot's sorted past with our you, including his role in the shenanigans that are now going on in Nmih Miami Beach surrounding his appointment there. Those set of sorted facts have led to the accusations of criminality leading to a Miami -Dade State Attorney investigation. Well, it seems that there is always more when it comes to Hans Hottinot and unethical behavior and simply bad judgment. Turns out that for almost three years. Hans Ottinot was investigated by the Miami - Dade County Commission on Ethics for accepting numerous high priced courtside and lower level tickets to Miami Heat basketball games from a Sunny Isles developer, Raanan Katz. That is the same developer Ottinot went to work after he was fired from Sunny Isles. He was also investigated for that smart career move. You just can't make up this stuff. What ethical person does this sort of nonsense? He also got concert tickets and other gifts. So, at the end of the lengthy investigation, Ottinot only avoided punishment because he hired a high powered, well connected former U.S Attorney. Kendall Coffey. The finding was that the violation was minimal because he "disclosed" the high price gifts on his financial reports. Laughable! Are we to believe it took the Miami -Dade County Commission on Ethics and the Miami -Dade County State Attorneys' Office three years to look at Hans Ottinot's annual financial reports? If you want to read that investigation for yourself, you can go to the Miami Dade County Commission on Ethic's website and look for Case Number K12-183. The bottom line is that all of these ongoing issues with Ottinot just stinks and are not isolated and is thewU he operates, The same facts are UM playing out in North Miami Beach and are being investigated by the authorities. I have also reminded you all that you told the public that the interim position would be temporary and that the process to select a permanent City attorney would begin as soon as possible. In addition, I have also reminded that you also told the Community that the firm or attorney selected for the interim position would not be considered for the permanent City Attorney position. That was also specifically provided for in the document the City used to select the interim attorney. On December 14, 2020, our City issued a Request For Letters Ofinterest - Emergency Interim Legal Services For The City Of Tamarac (LOI 21-08L). The due date was only three days later on December 17, 2020. In other words, any interested attorney or law firm had only three days to respond. Well, it does not take a genius or rocket scientist to conclude that the pool of candidates for the interim position would be extremely limited based on the quick turn around and the fact that they could not respond for the permanent solicitation. The LOI emphasised that in several places, beginning, in bold print, on page 1, "NOTE: the firm chosen to provide these Interim Legal Services will not be permitted to receive an award for the permanent Legal Services." There is similar language on page 8 of the LOI, "Interim Legal Services will be excluded from submitting any response or holding any contract for Legal Services on a permanent basis." Although the language is clear, the City issued an Addendum on December 17, 2020 and further clarified that the interim firm could not be the permanent City Attorney. Therefore, the only way Hans Ottinot can continue here is to delay the selection of a permanent City Attorney. You don't have to be a lawyer to know that the Commission can not just change its mind, unless they want every investigative agency with jurisdiction making a home here in Tamarac. Of course, Ottinot is used to that sort of scrutiny, we should not be. Commissioners should heed the Ottinot warning signs and begin the process immediately at its next Commission Meeting. Finally, this has absolutely nothing to do with race. The facts do not have gender, color or ethnicity. You all made a really bad decision. Fix it!! I thank you for your service. A. Losa On Tue, Mar 9, 2021 at 9:02 AM Jennifer Johnson <Jennifer.Johnsonatamarac.oriz> wrote: Good morning, Just wanted to follow up, and let you know that I forwarded your email to the members of the Commission. The Commission meeting is scheduled for tomorrow at 7 p.m., however, I will not be reading any emails into the record. In lieu of reading, you can sign up to speak during public comments. We will contact you at the appropriate time and you will be have three (3) minutes. To sign up, please visit www.tamarac.or9/meetings. Regards, Jen TAMARACJennifer Johnson City Clerk I City Clerk's Office The City For Your Life (954) 597-3506 1 www.tamarac.ora 7525 NW 88t' Ave, Tamarac, FL 33321 From: Jennifer Johnson Sent: Thursday, February 25, 202111:11 AM TO: Andres Losa <losaandres9430amail.com> CC: klaskowskina sunsentinel.com Subject: RE: [EXTERNAL] INTERIM CITY ATTORNEY HANS OTTINOT- MIAMI-DADE COUNTY STATE ATTORNEY CRIMINAL INVESTIGATION Good morning, Thank you for your email. I will make sure the members of the Commission receive a copy, and it is incorporated as part of the record. Regards, Jen TAMARAC I Jennifer Johnson The City ForYour Life City Clerk I City Clerk's Office (954) 597-3506 1 www.tamarac.org 7525 NW 88'h Ave, Tamarac, FL 33321 From: Andres Losa <losaandres943(Qgmail.com> Sent: Thursday, February 25, 2021 9:46 AM To: Jennifer Johnson <Jennifer.Johnson(Wtamarac.ora> CC: klaskowsko0sunsentinel.com Subject: [EXTERNAL] INTERIM CITY ATTORNEY HANS OTTINOT - MIAMI-DADE COUNTY STATE ATTORNEY CRIMINAL INVESTIGATION This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Ms. Johnson, Please provide the Commissioners with a copy of this e-mail letter to the Commission Md read it into the record at the Commission's next meeting on February 10, 2021 when it is time for public comment or participation. Thank you. Dear Mayor Gomez and City Commissioners, I am a long time resident of Tamarac. I have made Tamarac my home and my business is located here. I do not usually get involved in politics, which can be difficult in these times. Yet, when I read what transpired with our former City Attorney when he was unfairly accused of being untrustworthy. I have been paying closer attention. I am writing to express my and my neighbors' deep concerns with our Interim City Attorney and his hire. As you know, our former City Attorney abruptly resigned after 15 years of service. After, you all met and discussed how to replace Goren and decided to hire an interim city attorney for a short time while a bid was put together for a pennanent firm. You also decided that whoever you chose as the interim city attorney would not be considered for the permanent position. You all also told us that you would make this process fairly quickly. That has not happened. In the meantime, you hired Hans Ottinot as our Interim City Attorney. It seems that you did not properly do your homework before hiring him. Ottinot has been involved in recent incidents that call into question his ethics, judgment, and ability to follow the law. Ottinot was fired from his former position in Sunny Isles down in Miami -Dade County. After that, Mr. Ottinot was investigated by the Miami -Dade County Commission on Ethics for conflict of interest issues. Seems that Ottinot thought it was a good idea to go work for a local developer with business in the Sunny Isles right after his termination. A couple of weeks ago Ottinot was also hired by the City ofN01 ih Miami Beach to serve as its Interim City Attorney. The vote to hire him took place without any public notice whatsoever and before members of the public even had a chance to comment. It also appears that members of the North Miami Beach Commission discussed his hiring with him and among themselves before the meeting, a violation of law. The Miami -Dade CounIX State AttorneX's Office is investigating the matter. The February 13, 2021, Miami Herald article, North Miami Beach Mayor Asks Prosecutors To Investigate City Attorney Hiring https://www.//miamiherald.com/article249157085.html provides all the details, The Miami Herald article also states that Mr. Ottinot tricked the North Miami Beach Mayor into signing his contract. He led the NoIih Miami Beach Mayor to believe that his contract was vetted by the city's procurement department. The North Miami Beach Mayor was quoted as saying Ottinot "shoved a paper on my desk that did not go through a process of ratification". There are also recent articles in VotersOpinion.com concerning Ottinot and others in his circle that paint a poor picture of serious corrupt and unethical behavior. I strongly recommend that each of you take the time to do your homework and read the articles for yourselves. Whether true or not, these are serious unresolved allegations and issues concerning Ottinot. You all should begin the process of selecting a permanent new City Attorney immediately. Why involve yourself and our City in this Ottinot mess? Our City does not need this soli of negative attention from any of our officials. I am confident you all will make the best decision for our community, when informed. We truly thank you for your service, especially in these trying times. A. Losa The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. Email messages are covered under Chapter 119 and are thus subject to public records disclosure. All email messages sent and received are captured by our server and retained as public records. 2/22/2021 North Miami yB�eyagchy�attomey switch raises concerns I Miami Herald e;�lit48� i11cralt) North Miami Beach Mayor asks prosecutors to investigate city attorney hiring BY AARON LFIROWITZ FEBRUARY 12, 2021 04:15 PM, UPDATED FEBRUARY 13, 2021 01:32 AM T = fr I The North Miami Beach City Commission meets on Jan. 28, 2021. CITY OF NORTH MIAMI BEACH / Listen to this article now 08:27 Powered by Trinity Audio The mayor of North Miami Beach is calling for a criminal investigation of his colleagues after they voted to abruptly fire the city's contract legal team and bring in 2/22/2021 North Miami Beach attorney switch raises concerns I Miami Herald a new law firm, saying he suspects commissioners colluded behind closed doors in violation of Florida's Sunshine Law. Mayor Anthony DeFillipo told the Miami Herald he had reached out to the Miami - Dade State Attorney's Office and expected to speak to a prosecutor Friday, though he said he doesn't have any proof of wrongdoing. This story is a subscriber exclusive TOP ARTICLES 'I'm a beast': Another teenager has accused ex -Hialeah cop of sexual assault, feds say "It smells like s---," DeFillipo said this week. "It doesn't smell right." On Thursday, the mayor tagged the State Attorney's Office in a Facebook post in which he urged residents to "speak up now cause the city's going down the drain," and accused commissioners who voted for the new city attorney of putting "their puppet" in the seat. Get unlimited digital access Subscribe now for only $1 McKenzie Fleurimond, the city commissioner who pushed to change attorneys, said DeFillipo doesn't know what he's talking about. "Those claims are unfounded," Fleurimond wrote Friday in a text message. A spokesman for the Miami -Dade State Attorney's Office declined to comment on the matter. DeFillipo's allegations stem from a Jan. 28 meeting during which the commission voted 4-3 to terminate an agreement with Weiss Serota Helfman Cole & Bierman and extend an offer worth $660,000 a year to Hans Ottinot, a longtime municipal lawyer who was recently hired as interim city attorney in Tamarac. Neither proposal was advertised prior to the vote, and commissioners weren't afforded time to ask questions about the firm's qualifications. 2/22/2021 North Miami Beach attorney switch raises concerns I Miami Herald "I don't even know who this person is," Commissioner Fortuna Smukler said during the meeting. "I can't be part of hiring someone [when] I don't even know what they've done." Today's top headlines Sign up for the Afternoon Update and get the day's biggest stories In your inbox. Enter Email Address This site Is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Commissioners agreed to pay Ottinot's "boutique" firm $55,000 a month on an interim basis, the same baseline agreement the city had with Weiss Serota, a firm with more than 70 attorneys. DeFillipo, who voted against hiring Ottinot, says he signed an engagement letter with Ottinot five days after the vote. But DeFillipo now says that was a mistake. North Miami Beach Mayor Anthony DeFillipo. He told the Miami Herald he was under the false impression the document had been vetted by the city's procurement department, and that Ottinot "shoved a paper on my desk that did not go through a process of ratification" by the city commission. The mayor said he plans to ask the commission to "recall that agreement and go over it with a fine-tooth comb" at a Feb. 16 meeting. 2/22/2021 North Miami Beach attorney switch raises concerns I Miami Herald The episode is the latest in a s_e_ri.esof .@1rQv:.er.:si.e.s in the city of under 50,000 residents in northeast Miami -Dade. City officials have made a habit of trying to walk back controversial commission votes in recent months - including an O.Gt.o.be.r..vgte on.tbe billio.n-dollar. Intracoastal MaUredevelopinent taken after one commissioner fell asleep and another logged off. The vote, and DeFillipo's allegations, could aggravate racial and ethnic tensions that have plagued the commission. The commissioners who voted to hire Ottinot are all Haitian -American, as is Ottinot. The commissioners who voted against Ottinot's hiring are all white. In 2019, the commission voted to censure.DeFillino for suggesting Haitian -American commissioners had voted to fire the city clerk in an effort to replace her with a "person of their own heritage." THE VOTE The Jan. 28 vote originated from a vague agenda item titled "Reference to Charter Officers," initiated by Commissioner Paule Villard. After Villard spoke broadly about her concerns with the city's management, Fleurimond turned the discussion to the city's legal team. Instead of a corporate firm like Weiss Serota, he said, the city needed "more of a boutique experience." Unprompted, Fleurimond suggested Ottinot would be a better fit. "The city of Tamarac recently made a decision that they would hire a boutique firm in the interim. That firm, to me, is a possibility that we can consider, and that I like," Fleurimond said, referring to Ottinot Law PA. "Perhaps if anyone wants to consider it, that's something we can look into." North Miami Beach Commissioner McKenzie Fleurimond File Photo: Hans Ottinot Fleurimond and a few other commissioners said they weren't satisfied with Weiss Serota's work, pointing to monthly reports the firm has failed to provide, among other concerns. Fleurimond was the only commissioner to speak specifically in support of Ottinot, a former city attorney for Sunny Isles Beach and the only staff lawyer at his private firm, according, to its website. A few minutes later, Fleurimond made a motion to offer Ottinot a month -to -month deal "along the same terms that our current city attorney has." Villard seconded the motion, which narrowly passed. Ottinot quickly agreed to the deal. He was at City Hall the next day meeting with the city clerk, according to an email Ottinot sent to city officials on Feb.1. In an interview with the Herald, Fleurimond said he didn't speak with Ottinot or others familiar with his work before proposing that the city hire him on an interim basis. "I didn't need to," he said. "He's known in the community." Fleurimond said Ottinot has "more than one attorney on his team." He deferred to Ottinot for details. Ottinot did not respond to several requests for comment. 2/22/2021 North Miami Beach attorney switch raises concerns I Miami Herald The three other commissioners who voted in favor of hiring Ottinot - Villard, Michael Joseph and Daniela Jean - also did not respond to requests for comment. North Miami Beach Commissioner Paule Villard 'IT'S COMPLETELY IRRESPONSIBLE' Several commissioners said they weren't comfortable approving a new contract without public discussion or a chance to vet Ottinot's qualifications. City law gives the commission authority to establish the city attorney's "term, conditions, and compensation," but doesn't dictate the proper process to doso. "We're just not gonna pick somebody out of a hat like that," said Commissioner Barbara Kramer. "It's completely irresponsible." Ottinot was the in-house attorney in Sunny Isles Beach for 13 years. He has also previously served as the interim city attorney in Miami Gardens, city attorney in North Miami and president of the Haitian Lawyers Association. His departure from Sunny Isles Beach in 2019 to work for RK Centers, a local developer, sparked accusations of conflicting interests. About a week after announcing the move but while still working for the city, Ottinot suggested a controversial development opposed by RK Centers didn't comply with city laws. The county ethics commission investigated whether Ottinot violated rules on conflicting employment and found last month that there wasn't enough evidence to say he did. The Jan. 28 vote took place before members of the public had a chance to comment on the attorney swap. Dan Espino, the city's outgoing attorney with Weiss Serota, said the public had already had a chance to comment at the beginning of the meeting, but some commissioners said that was insufficient given the vague nature of Villard's agenda item. Florida's Government in the Sunshine laws bar city commissioners from discussing business with each other in private. Violations can lead to fines and, though uncommon, jail time. Virginia Hamrick, a staff attorney for the nonprofit First Amendment Foundation, which advocates for open government, said a vote at a public meeting "does not necessarily mean the decision was made in the Sunshine." The Herald has requested phone call records for the city's elected officials in the week leading up to the vote. NEW LAW FIRM, SAME SERVICE? The agreement DeFillipo signed on Feb. 2 said Ottinot's firm would maintain a presence at City Hall five days a week, and that Ottinot would be "principally responsible" for working with the city while "other firm attorneys" would be available as needed. It didn't specify who the other attorneys are. "The standard of service is not changing," Fleurimond said when asked why Ottinot's firm should be paid the same amount as Weiss Serota. He emphasized the agreement was temporary and that a more comprehensive process to hire a permanent city attorney "may be forthcoming in the future." Espino, the city's outgoing attorney, said Weiss Serota had a "core team" of three or four lawyers who worked directly with North Miami Beach, including a dedicated 2/22/2021 North Miami Beach attorney switch raises concerns I Miami Herald attorney for code enforcement issues and a police legal adviser. At any given time, he said, as many as eight attorneys could be working with city staff. "What makes you think Ottinot can do the same things [as Weiss SerotaJ?" Kramer asked Fleurimond during the meeting, without getting an answer. "Name the staff that's with him. Tell me his staff." The city hired Weiss Serota in 2019, a move that was also controversial. The Miami - Dade ethics commission j_ny_e_s.tiga 1 ed..t:1:le_pJ_op_o_sal for the city to switch from an in- house attorney, Sarah Johnston, to Weiss Serota, under a plan that included Johnston being hired by the firm. The ethics commission concluded Johnston had not violated ethics guidelines. CITY MANAGER ALSO UNDER FIRE The hiring of Ottinot might not have been the only high -profile change at City Hall had some commissioners had their waylast month. After the city attorney vote on Jan. 28, Villard pushed for a separate vote to fire City Manager Esmond Scott. "I just want to see if there is an appetite. I want to call a motion to also fire the manager tonight," Villard said. Joseph seconded the motion, but other commissioners said they preferred to table it. He and Villard also voted against giving the public a chance to comment on the item, but their colleagues overrode them. Several residents said they were concerned with what had transpired. "I was in the process of getting ready to go to bed for the evening until I heard this mess," said resident Saundra Douglas. "You all are doing some crazy stuff tonight." AARON LEIBOWITZ "JI 1 /1 J 305-376-2235 Aaron Leibowitz is a municipal government reporter for the Miami Herald. He writes about local politics in every city, village and town In Miami -Dade County and sometimes beyond. PROMOTED CONTENT Mr.... a IAllth nlabates Should watcn 1 nls kvvnat 1 nvy ­• • - Anyone With Diabetes Should Watch This (What They Don't Tell You) p COMMENTS 'V 2/21 /2021 Ordinances, Resolutions, and Other Legislation - Municipal Ordinances, F'<esolutions, And ()ther Legislation An ordinance is generally used to designate a local law of a municipal corporation, duly enacted by the proper authorities that prescribe general, uniform, and permanent rules of conduct, relating to the corporate affairs of the municipality[i]. An ordinance, a local law, or a regulation enacted by a city council or other similar body under powers delegated to it by the state is legislative in nature by its own definition[ii]. A local ordinance is a municipal legislative enactment. An ordinance passed in pursuance of express legislative authority is a law and has the same effect as a local law, and it may prevail over a general law upon the same subject[iii]. Therefore, an ordinance is equal to a municipal statute and it governs matters not already covered by federal or state law. In Baltimore v. Clunet, 23 Md. 449 (Md. 1865), the court observed that a valid law may be passed, to take effect upon the happening of a future contingent event, even if that event involves the assent to its provisions by other parties. The same principle applies to an ordinance passed by a municipal corporation provided: • the subject matter of the ordinance is within the legislative powers delegated to the corporation; • it does not appear that the contingent event is foreign to the subject matter of the ordinance. However, ordinances that directly or indirectly permit acts or occupations which the state statutes prohibit, orto prohibit acts permitted by statute or constitution, then the validity of ordinances will be null andvoid[iv]. It is to be noted that a municipal ordinance differs from a resolution. They are two significantly distinct government actions. The term "ordinance" means something more than a mere verbal motion or resolution. It must be carried out with the formalities, solemnities, and characteristics of an ordinance, as distinguished from a simple motion or resolution[v]. Whereas, a resolution encompasses all actions of the municipal body other than ordinances. A resolution deals with matters of special or temporary character and an ordinance prescribes some permanent rule of conduct or government to continue in force until the ordinance is repealed. An ordinance is a legislative act and a resolution is an expression of opinion or mind or policy concerning some particular item of business coming within the legislative body's official cognizance[vi]. It is to be noted that an ordinance can be repealed only by another ordinance and not by resolution[vii]. Generally, the adoption of documents outside of an ordinance or regulation through the principle of incorporation by reference is valid if such document is sufficiently identified and is made a part of the public record. However, the principle of incorporation by reference applies only in the absence of a statutory or charter provision to the contrary[viii]. Similarly, an ordinance cannot at the same time establish a paper as a public record and incorporate it by reference as a previously established public record[ix]. Municipalities have general powers, subject to other provisions of law to enforce ordinances and to prescribe penalties for violations. In some jurisdictions, the violation of an ordinance is punished with fine or imprisonment or both[x]. However, a municipality has no power to punish a violation of its ordinances unless the ordinance involved forbids the specific activity alleged. [i] Smith v. City of Papillion, 270 Neb. 607 (Neb. 2005). [ii] Tanner v. Green Forest, 302 Ark. 170 (Ark. 1990). [iii] Gould v. Baltimore, 120 Md. 534 (Md.1913). [iv] Heubeck v. Baltimore, 205 Md. 203 (Md. 1954). [v] Rushing v. Georgian, 374 So. 2d 253 (Ala. 1979). [vi] Benson v. De Soto, 212 Kan. 415 (Kan. 1973). [vii] Smith v. City of Papillion, 270 Neb. 607 (Neb. 2005). [viii] McKee v. City of Geneva, 280 Ga. 411 (Ga. 2006). [ix] Durandv. Love, 254 Mich. 538 (Mich.1931). [x] Bookey v. Kenai Peninsula Borough, 618 P.2d 567 (Alaska 1980). https://municipal.uslegal.com/ordinances-resolutions-and-other-legislation/ 1/1