HomeMy WebLinkAbout2021-12-08 - City Commission Regular Meeting MinutesCity of Tamarac
City Commission Minutes
Wednesday, Dec. 8, 2021
CALL TO ORDER: Mayor Gomez called the Wednesday, Dec. 8, 2021, City Commission meeting,
being held in Commission Chamber to order at 7:00 p.m.
ROLL CALL: Commissioner Marlon Bolton, Commissioner Debra Placko, Commissioner Mike Gelin,
Vice Mayor Elvin Villalobos and Mayor Michelle J. Gomez were in attendance.
Also in attendance were, Interim City Manager Kathleen Gunn, City Attorney John Herin, and City Clerk
Jennifer Johnson.
PLEDGE OF ALLEGIANCE: American Heritage Girls, Troop FL001, led the Pledge of Allegiance.
1. CITY ATTORNEY REPORT
2. CITY MANAGER REPORT
Interim City Manager, Kathleen Gunn, stated this time of year is always an exciting time in our City.
We have a lot of wonderful events for everyone to enjoy.
We kicked of the holiday season celebrating our 40th annual Turkey Trot5K Race. We had a sold -
out event with 1,750 runners and walkers from all over the area. This is truly a great showcase
event for our City. I want to say a BIG THANK YOU to everyone who made our Turkey Trot a
tremendous success Thanksgiving morning.
Last week's "Light the Night -Tree Lighting Celebration" at Caporella Park was a great success. Over
200 residents came out to celebrate the holidays. We enjoyed the lighting of the Tree, Menorah, and
Kinara — live performances, food vendors and many different activities for the children. Even Santa
took time out from his busy schedule to make a special appearance.
We still have some wonderful events coming up.
This Friday evening, we have our Tinsel Town Holiday Drive Thru event from 6-8:OOpm at the
Tamarac Sports Complex. Come celebrate the holiday season with lights and themed decor during a
festive drive-thru of Tamarac's Tinsel Town. Don't forget to bring your letters for Santa and drop
them in Santa's mailbox. This event is free of charge. We know that everyone is excited to see
Santa and ask that everyone please be patient as car lines may be long.
This Saturday from 10-noon we have our annual "Paws with Claus holiday Paw-ty" and pet
adoptions event at the Gary B. Jones Park for People and Pups. The Paw-ty will include raffle
prizes, vendor, holiday music and pictures with Santa -"paws".
Some other great holiday activities we have going on are
The Grinch Party on Friday, Dec. 17thwhere we'll be watching "The Grinch Who Stole Christmas".
We'll also have games, arts and crafts & raffles. The cost is $10 and you must pre -register.
And, we have Virtual Calls with Santa! Santa has learned to use Zoom and would like to chat with
Tamarac Children. From now through Dec. 18th, when Santa's schedule allows, he will be making
calls to the children who pre -register. The cost is $5 per call and calls last approx. 5 minutes.
To pre -register for these events go to: TAMARAC. M E/EVENTS
These events, that the community enjoys so much, would not be possible without the good work of
City staff. Thank you to all of our employees who work hard during this holiday season to bring joy to
our residents.
We also have some good news to share. The City of Tamarac has been recognized for the good
work of our Information Technology and Fire Rescue Departments.
Tamarac's Information Technology Department placed 3rd in the "up to 75,000" population category
of the 2021 Digital Cities Survey. This award recognizes the innovative vision of our Information
Technology Department and the impact of technology on our staff and the citizens we serve. The
Center for Digital Government (CDG) announced the winners, recognizing cities for utilizing
technology to tackle social challenges, enhance services, strengthen cybersecurity and more. The
City of Tamarac was honored during the Digital Cities Awards and Workshop event earlier today.
Congratulations to our entire IT Department and thank you for your continued hard work.
I am also pleased to announce that Tamarac Fire Rescue placed 2nd in this year's Clin Con
Competition recently hosted in Miami Dade by the North American Vehicle Rescue Association
(NAVRA). Team Tamarac competed against some of Florida's very best teams showcasing their life
saving skills in vehicle extrication and a variety of real -life scenarios. Congratulations to our Fire
Rescue personnel and thank you for all you do.
To finish, I'd like to remind everyone that all City Offices will be closed on Christmas Eve, Christmas
Day and New Year's Eve.
Thank you. That concludes my report.
a. 2021 Neighborhood Beautification Recognition Program - Q3
Mayor Gomez stated, the City of Tamarac takes great pride in enhancing the visual image of our
neighborhoods, improving livability and promoting community spirit. This evening, the Mayor and
Commission proudly present our Neighborhood Beautification Recognition Awards for the 3rd
Quarter. This award is given to residential and commercial properties that display architectural
appeal, outstanding landscape maintenance and sustainable designs.
In recognition of your property's contribution to the visual beauty and vibrancy of the City of
Tamarac, it is with great pleasure that I announce the following 3rd QUARTER, 2021 winners:
5900 ROCK ISLAND ROAD LLC (Trulieve) whose property is located at 5900 Rock Island Rd,
Tamarac, FL.
Carmen Santiago — Regional Manager; Arlene Silverio — Store Manager; and Carlos Enriquez — Area
Manager will accept on behalf of the property owner.
COLIN W POWELL whose property is located at 5109 NW 50 AVE, Tamarac, FL.
FAY D FRANCIS whose property is located at 5401 Bayberry Lane, Tamarac, FL.
ANDREW CAPPANNELLI & AILYN RODRIGUEZ whose property is located 8113 NW 91 AVE,
Tamarac, FL
EDUARDO R REINOSO whose property is located at 8013 NW 75 AVE, Tamarac, FL.
Unfortunately, he could not attend.
Congratulations to you all on having one of the most attractive and well -maintained properties in
our City. Thank you for the part you play in helping to make Tamarac "The City for Your Life".
b. Investment Report - October 2021
Investment Report - October 2021
3. PUBLIC PARTICIPATION
City Attorney Herin, provided the guidelines for members of the public to adhere to during
public participation.
Mayor Gomez opened for public comments.
1. Jeffrey Shapiro, of 6104 Orchard Tree Lane, Tamarac, wished everyone Happy
Holidays. Shapiro also urged everyone to get their 2nd and 3d vaccines.
2. Jeff Weinberger, of Kings Point, Tamarac, provided a statement, which is
attached.
3. Darcy Schiller, of Granville, Tamarac, expressed her concerns for the
Commission salaries, behavior, receiving PPP loans, an Ugly Dog Contest and not
returning phone calls.
4. Patricia Parkins, of the Lakes at Carriage Hills, praised the District 1
Commissioner on his continued efforts for the City. Parkins stated it is not easy to serve,
and being kind comes back to you. She also asked that the City plant 100 trees, and to
Save the Woodlands.
5. Stewart Webster, of Versailles Gardens, stated he attended the City's Volunteer
Luncheon and was disappointed more Commissioners and senior staff did not attend.
There being no other comments from the public, Mayor Gomez closed public participation.
4. CONSENT AGENDA
a, Approval of the Oct. 27, 2021 - City Commission Meeting Minutes
b. Approval of the Nov. 1, 2021 -City Commission"Executive Session"
c. Approval of the Nov. 1, 2021 -City Commission"Executive Session"
d. Approval of the Nov. 1, 2021 -City Commission"Executive Session"
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Mayor Gomez asked if there are any additions or deletions.
Interim City Manager, Kathleen Gunn, stated Item 8.b. TB049 - Specialty Automotive Treatments,
Inc.- Special Exception was duly noticed, however, staff is requesting to defer the item to January
12, 2022.
There being no other changes, Mayor Gomez asked for a motion/second.
Commissioner Bolton asked to pull TR13708, and TR13715, from the consent agenda.
Commissioner Bolton motioned to approve the consent agenda as amended. Commissioner Gelin
seconded.
Clerk Johnson conducted a roll call vote, and the motion carried 4-1, Mayor Gomez, Commissioner
Bolton, Commissioner Placko and Commissioner Gelin voted yes. Vice Mayor Villalobos voted no.
TR13708 - Appointing Joseph Lanouette as Resident Trustee on the Police Pension Board
A Resolution of the City Commission of the City of Tamarac, Florida, appoint Joseph Lanouette
as Resident Trustee to the Police Pension Board to serve a four year term ending December 8,
2025, or until a new appointment is made; providing for conflicts, providing for severability; and
providing for an effective date.
City Attorney Herin read the title for the record.
Commissioner Bolton motioned to approve, and Commissioner Gelin seconded.
Mayor Gomez opened for public comments, there being none, closed public comments.
Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Mayor Gomez, Vice Mayor
Villalobos, Commissioner Placko and Commissioner Gelin voted yes. Commissioner Bolton voted
no.
TR13715 - D3 Planning Board Appointment
A Resolution of the City Commission of the City of Tamarac, Florida, appointing David
Levin to the Planning Board, to serve a term concurrent with the appointing Commission
member, or until such time as new appointment are made; providing for conflicts;
providing for severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Commissioner Bolton motioned to approve, and Commissioner Gelin seconded.
Mayor Gomez opened for public comments, there being none, closed public comments.
Clerk Johnson conducted a roll call vote, and the motion carried 4-1. Mayor Gomez, Vice Mayor
Villalobos, Commissioner Placko and Commissioner Gelin voted yes. Commissioner Bolton voted
no.
5. REGULAR AGENDA
a. TR13681 - Employment Agreement for City Manager Kathleen Gunn
A Resolution of the City Commission of the City of Tamarac, Florida, approving
and authorizing the execution of an Employment Agreement between the City of
Tamarac and Kathleen Gunn, attached hereto as Exhibit "A" and incorporated
herein; authorizing the appropriate City Officials to take any and all action
necessary to effectuate the intent of this Resolution; providing for conflicts;
providing for severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Commissioner Placko motioned to approved, and Vice Mayor Villalobos seconded.
Mayor Gomez opened for public comments, there being none, closed public comments.
Discussion by the Commission ensued related to the contract, evaluation, compensation
since starting August 31, 2021, and receipt of the documents in time for review.
Carmen Rodriguez, attorney on behalf of Ms. Gunn, stated the contract reflects the
direction provided at the October 27th City Commission meeting. We have modeled the
contract on the City of Sunrise and Coral Springs at your request, in which both are a
two -tiered process. The contract would come first, and following strategic planning, you
could develop the goals and objectives for Ms. Gunn.
Discussion by the Commission continued related to the evaluation. The Commission
asked that there be a workshop, with a singular item in January, to discuss elements of
the City Manager's evaluation.
Following discussion, Clerk Johnson conducted a roll call vote, and the motion to
approve carried 3-2. Mayor Gomez, Vice Mayor Villalobos and Commissioner Placko
voted yes. Commissioner Bolton and Commissioner Gelin voted no.
b. TR13638 - Bldg. Dept. Fee Schedule 2022
A Resolution of the City Commission of the City of Tamarac, Florida approving and
adopting the revised Building Department Permit Fees Schedule attached hereto as
Exhibit A and incorporated herein; providing for conflicts; providing for severability;
and providing an effective date.
Commission District(s): Citywide
City Attorney Herin read the title for the record.
Commissioner Placko motioned to approve, and Vice Mayor Villalobos seconded.
George Folles, Chief Building Official, introduced Tony Thrasher of Willdan, Inc. Trasher
provided a presentation, which is on file in the City Clerk's Office.
Discussion by the Commission ensued.
Clerk Johnson conducted a roll call vote, and the motion to approve carried unanimously 5-
0.
c. TR13691 - Selection of the Vice Mayor
A Resolution of the City Commission of the City of Tamarac, Florida, electing a
Vice Mayor to serve a term beginning December 8, 2021, and ending November
2022, with no succession; providing for conflicts; providing for severability; and
providing for an effective date.
City Attorney Herin read the title for the record.
Commissioner Placko motioned to select Commissioner Gelin as Vice Mayor, and
Commissioner Bolton seconded.
Mayor Gomez opened for public comments.
1. Darcy Schiller, of Kings Point, expressed her discontent in choice for Vice Mayor.
2. Carol Mendelson, of Woodmont, expressed her displeasure for the behavior of the
Commission.
Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0.
Members of the Commission congratulated Vice Mayor Gelin on his appointment.
d. TR13706 - Establishing a Beginning Time for the 2nd Meeting of the Month
A Resolution of the City Commission of the City of Tamarac, Florida, establishing
as
the time to begin the City Commission's second meeting of the month, beginning
January 26, 2022; providing for conflicts; providing for severability; and providing
for an effective date.
City Attorney Herin read the title for the record.
Commissioner Placko motioned to have the 2nd meeting of the month begin at 9:30 a.m.,
and Commissioner Villalobos seconded.
Mayor Gomez opened for public comments, there being none, and Mayor Gomez closed
public comments.
Clerk Johnson conducted a roll call vote, and the motion carried 3-2. Mayor Gomez, Vice
Mayor Villalobos, and Commissioner Placko voted yes. Commissioner Bolton and Vice
Mayor Gelin voted no.
e. TR13710-Adoptinq Incentive Strategies Recommended by Affordable Housing
Advisory Committee Members
A Resolution of the City Commission of the City of Tamarac, Florida, adopting
the Affordable Housing Incentive Strategies recommendations of the Affordable
Housing Advisory committee (AHAC) and authorizing the transmittal of the
recommendations in an annual report attached hereto as Exhibit "A" to the
Florida Housing Finance Corporation in accordance with Section
420.9076(4) Florida Statutes; providing for conflicts; providing for severability; and
providing for an effective date
Commission District(s): Citywide
City Attorney Herin read the title for the record.
Commissioner Bolton motioned to approve, and Commissioner Villalobos seconded.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 5-0.
f. TR13711-Consolidated Annual Performance Evaluation Report(CAPER FY2020-2021)
A Resolution of the City Commission of the City of Tamarac, Florida approving the
Consolidated Annual Performance Evaluation Report (CAPER FY2020-2021)
which is attached hereto as Exhibit "A" for the U.S. Department of Housing &
Urban Development (HUD)'s Community Development Block Grant (CDBG)
program for HUD's fiscal year 2020-2021; providing for conflicts; providing for
severability; and providing for an effective date.
Commission District(s): Citywide
City Attorney Herin read the title for the record.
Vice Mayor Gelin motioned to approve, and Commissioner Placko seconded.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 5-0.
g. TR13712-A -Approval econ8AmendmenLtoGround Lease Agreement dated June22,
2018, for Tamarac i lage ommercial Parcel
A Resolution of the City Commission of the City of Tamarac, Florida, authorizing
and directing, Howard Steinholz as co -trustee under the declaration of
appointment of co -trustee dated April 13, 2016 of the Tamarac Land Trust
Agreement dated July 10, 2013 to execute the second amendment to the Ground
Lease Agreement for the commercial parcel, attached hereto as Exhibit 1 ", by
and between Howard Steinholz as co -trustee and JKM TV C, LLC; for the purpose
of extending the commercial parcel election option for the Tamarac Village
property being more particularly described in Exhibit "1" attached hereto and
incorporated herein; providing for conflicts; providing for severability; and providing
for an effective date
Commission District(s): District 2
City Attorney Herin read the title for the record.
Commissioner Villalobos motioned to approve, and Commissioner Placko seconded.
Scott Backman, on behalf of the applicant, provided a presentation, which is on file with the
City Clerk's Office.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
Discussion by the Commission ensued related to a food hall, the issues with getting an
anchor property in Tamarac, median income, etc. The Commission stated they did not want
a bank or childcare facility in that location.
John Markie, on behalf of Tamarac, addressed the issues presented by the Commission,
and requested more time to achieve the type of businesses the Commission is looking for in
the space.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 5-0.
h. TR13713-Zoning in Progress -150Day Moratorium onSite Specific Comprehensive Plan
Amendments
A Resolution of the City Commission of the City of Tamarac, Florida, affirming
and ratifying the interim City Manager's Administrative Order dated November 3,
2021, attached hereto as Exhibit "A" and incorporated herein, declaring zoning in
progress and instituting a 150-day moratorium on the submission and
acceptance of development applications for Site Specific Small -Scale And
Large -Scale Land Use Comprehensive Plan Amendments in the City of
Tamarac, in accordance with Chapter 10, Section 10-5.4(U) of the City of
Tamarac Code of Ordinances; authorizing and directing the interim City Manager
to undertake study of the review standard applied to Site Specific Small Scale
And Large Scale Land Use Comprehensive Plan Amendments and the
associated provisions that might impact these development applications and
create a long-term strategy to ensure consistent application of the code in
accordance with the applicable Florida Supreme Court ruling; providing that
upon the adoption of this resolution affirming the administrative order, no
development application for large-scale or small-scale land use plan map
amendment submissions during the time period covered by this resolution shall
be accepted by the city; providing for conflicts; providing for severability; and
providing for an effective date.
Commission District(s): Citywide
City Attorney Herin read the title for the record.
Commissioner Villalobos motioned to approve, and Commissioner Placko seconded.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 4-0. Vice Mayor
Gelin was away.
I. TR13714 - Agreement with the Broward Sheriffs Office for Special Details
A Resolution of the City Commission of the City Of Tamarac, Florida, approving a
Broward Sheriff's 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
$80,300 in FY 22, January 1, 2022-September 30, 2022; approving funding from
the appropriate parks and recreation accounts; providing for conflicts; providing for
severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Commissioner Villalobos motioned to approve, and Commissioner Placko seconded.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 4-0. Vice Mayor
Gelin was away.
6. ORDINANCE(S) - FIRST READING
a. T02474 - Revision Ordinance Chapter 7, Section 7-30 entitled Fire Alarms
An Ordinance of the City Commission of the City of Tamarac, Florida amending
Chapter 7 "Fire Prevention and Protection", removing Section 7-30, entitled "Fire
Alarms"; providing for codification, providing for conflicts; providing for severability,
and providing for an effective date.
Vice Mayor Gelin returned.
City Attorney Herin read the title for the record.
Commissioner Placko motioned to approve, and Commissioner Villalobos seconded.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote, the motion carried unanimously 5-0-
b. T02486-Water Supply Facilities Work Plan and TextAmendmentstothe Future Land
Use, Infrastructure, CConservation, Intergovernmental Coordination and Capital
Improvements Elements
An Ordinance of the City of Tamarac, Florida, amending, the Future Land Use
Element, Infrastructure Element, Conservation Element, Intergovernmental
Coordination Element, and Capital Improvements Element of the City of
Tamarac's Comprehensive Plan, attached hereto as Exhibit "A" consistent with
the South Florida Water Management District Water Supply Facilities Work Plan
for the City of Tamarac; authorizing transmittal of the 2021 Ten Year Water
Supply Facilities Work Plan attached hereto as Exhibit "B" and comprehensive
plan amendments to the Department of Economic Opportunity and other
agencies as required by Florida Statutes 163.3184(3) providing for inclusion in
the comprehensive plan; providing for conflict; providing for severability; and,
providing for an effective date.
Commission District(s): Citywide
City Attorney Herin read the title for the record.
Commissioner Villalobos motioned to approve, and Commissioner Placko seconded.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote, the motion carried unanimously 5-0.
C. T02491 - Specialty Automotive Treatments, Inc. - Land Development Code Text
Amendment
Petition requesting approval of a Text Amendment to Section 10-6.2 (C)(9)(g) of
the Land Development Code to incorporate the following text into the Vehicle
Service and Repair, Minor definition: minor interior vehicle repair/installations,
including prefabricated parts, audio equipment, window tint, vehicle wraps, and
seat covers that do not require the use of heavy machinery or a vehicle lift to
install.
Commission District(s): District 1
City Attorney Herin read the title for the record.
Commissioner Villalobos motioned to approve, and Commissioner Placko seconded.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 5-0.
7. ORDINANCE(S) - SECOND READING
8. QUASI-JUDICIAL HEARING(S)
a. TB050 - Tamarac Water Treatment Control Bldg & Site Improvements
PETITIONER: Chris Zimmerman, designated agent for the propertyowner,
City of Tamarac. CASE NO.: 3-B-21: Variance
PETITION: Requesting a variance from Section 10-2.4(13), Tab!e 10-2.4,
Land Development Code, to allow for a setback requirement of Thirteen Feet
Four Inches (13'-4") in the Public Facilities (PF) zoning district in lieu of arequired
Forty -One Foot (41') setback in order to maintain use of existing essential facility
during construction.
LOCATION: 7803 NW 61 Street, Tamarac,
Florida 33321 Commission District(s): District 1
City Attorney Herin read the title for the record, and read the rules for quasi-judicial items.
City Attorney Herin administered the oath to Maxine Calloway. Mayor Gomez asked if there
were any disclosures from the Commission.
Commissioner Bolton: none
Commissioner Placko: spoke with the City Manager regarding the item.
Vice Mayor Gelin: none
Commissioner Villalobos: spoke with the City Manager regarding the item.
Mayor Gomez: spoke with the City Manager regarding the item.
Commissioner Villalobos motioned to approve in that it complies with the criteria in the
Code, and Commissioner Placko seconded.
Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public
comments.
No discussion by the Commission.
Clerk Johnson conducted a roll call vote; the motion carried unanimously 4-0. Vice Mayor
Gelin stepped out for a moment, and returned to vote on Item 6.a.
b. TB049 - Specialty Automotive Treatments, Inc.- Special Exception
Petition requesting approval of a Special Exception to allow for the use of a
minor vehicle service and repair facility in the MU-C (Mixed -Use Corridor)
Zoning District.
Commission District(s): District 1
City Attorney Herin read the title for the record.
Commissioner Bolton motioned to defer the item to January 12, 2022.
Clerk Johnson conducted a roll call vote, the motion carried unanimously 5-0.
9. PUBLIC HEARING(S)
10. OTHER
a. City Commission Questions/Direction to the Interim City Manager or the City Attorney
Requested by Commissioner Bolton
Commissioner Bolton stated he did not have any items to bring forward.
The members of the City Commission wished everyone happy holidays, and safe new year.
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 9A3 p.m.
Minutes transcribed and submitted by City Clerk Jennifer Johnson.
J6nn r John ^ n C�
Michel e J. Gomez, Mayo
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 Meeting held Wednesday, Dec. 8, 2021.
The City Commission may consider and act upon such other business as may come before it. In the
event this agenda must be revised, such revised copies will be available to the public at the City
Commission meeting.
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.
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ATTORNEYS AT LAW
MEMORANDUM
To: Michelle Gomez, Mayor
Elvin Villalobos, Vice Mayor
Marlon Bolton, Commissioner District 1
Mike Gelin, Commissioner District 2
Debra Placko, Commissioner District 4
FROM: John R. Herin, Jr., City Attorney
DATE: December 8, 2021
RE: Draft City Manager Empllgvment Agreement
Mayor & Commission, below is summary of the Draft City Manager Employment Agreement ("CMA")
in comparison to the draft Acting City Manager Agreement ("ACMA") the City Commission considered
at its meeting of October 27, 2021.
Introduction
At the Commission's direction on October 27, the City Attorney's Office obtained copies of the city
manager employment agreements from the cities of Coral Springs and Sunrise to review and use as
templates for the CMA. Thereafter, with the Commission's input from October 27th, and the input of Ms.
Gunn and Ms. Gunn's attorney, you have before you this evening the draft CMA for your consideration,
modification, and approval. As I have mentioned on several occasions regarding this matter, the final
content of the CMA is uniquely within the discretion of the City Commission and we are here to assist the
Commission in that process to ensure the approved CMA is a reflection of how the Commission wants its
relationship with the City Manager to be.
1. "Whereas" Clauses. Additional "whereas" clauses were added to the CMA to more accurately
reflect the chronology of the Commission's selection of Ms. Gunn as the Acting City Manager and
then offering her the position of City Manager. Also, whereas clauses generally outlining the
intent and purpose of the CMA and a brief description of the parties' respective expectations were
added consistent the City of Coral Springs and City of Sunrise employment agreements.
2. Duties. Consistent with the above mentioned employment agreements, specific language requiring
the City Commission to set annual goals and objectives for the City Manager to meet (particularly
in conjunction with the annual strategic planning process), and a corresponding annual review of
these "performance standards" was added to the CMA (paragraphs 1.2 and 3.2)
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3. Term. The ACMA presented to the City Commission on October 27t' had an undetermined length
to give the City Commission flexibility in the timing and ultimate selection of a "permanent" City
Manger as opposed to an Acting City Manager. However, the decision to offer the City Manager
position to Ms. Gunn in lieu of conducting a City Manager search resulted in the Commission
directing that the term of the CMA would be through March 2023. As drafted, the CMA does
provide for two one-year extensions for at the sole discretion of the Commission presuming Ms.
Gunn informs the Commission of her desire to continue being employed by the Commission as
City Manager. The process to extend the CMA is set forth in paragraph 2.4 of the Employment
Agreement.
4. At Will Employment. Language in the ACMA regarding the "at will" employment status of Ms.
Gunn - subject to the specific terms regarding severance pay if she was terminated by the
Commission "for convenience" - was clarified in the CMA (paragraphs 2.2 and 2.3).
5. Return to Prior Position. All language in the ACMA regarding the ability of Ms. Gunn to return
to her prior position of Assistant City Manager has been deleted from the CNIA.
6. Termination "for Convenience". The CMA specifies that if Ms. Gunn is terminated by the
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as severance pay, which is the maximum allowed by current State law.
7. Termination "for Cause". As with the ACMA, the CMA leaves intact the broad definition of what
constitutes unacceptable actions and/or behavior by Ms. Gunn that would allow the Commission
to terminate her employment as City Manager. In such and event, no severance pay would be
owed to Ms. Gunn, but she is entitled to cash out her accrued annual leave and sick days and any
funds invested in any retirement plan established by the City (this is consistent with the Executive
Management Benefits afforded to all other senior staff).
8. Benefits. Except for 3 specific areas, Ms. Gunn is agreeable to her benefits being the same as that
her prior position of Assistant City Manager under the City's existing Executive Management
Benefits, which is attached as an exhibit to the CMA.
• The first area of differentiation is Ms. Gunn's request that the City pay 100% of her
and her family's health benefit costs.
• The second area of differentiation is Ms. Gunn's request for ten more days of annual
leave and sick days, however, we included language that these days must be used
in the year of accrual or they are lost (no roll over).
• The third area of differentiation is Ms. Gunn's request that she be allowed to accrue
up to 500 hours of annual leave and sick days, which can be cashed out at such time
the CMA is not renewed, she is terminated "for convenience", or resigns.
Finally, with respect to Ms. Gunn's benefits paragraph 7.4 of the CMA provides for the City to
reimburse the City Manager up to $4,500.00 in incidentals incurred in the performance of her
duties.
128635061.2
9. Release. If the Commission terminates Ms. Gunn for convenience and pays her severance pay,
she is obligated to execute a General Release acceptable to the City Attorney absolving the City
of any further responsibilities toward Ms. Gunn.
10. Remainder of CMA. Other than the above comments, the remainder of the CMA is substantially
similar to the ACMA considered by the Commission on October 27th, and is also generally
consistent with the City of Coral Springs and City of Sunrise city manager employment agreements
the Commission directed us to use as reference documents.
Observations Regarding Performance Standards
As stated in the introductory comments above, under the City Charter and the Commission's home rule
powers the CMA is a document uniquely within the discretion and province of the Commission. During
Monday's Commission workshop a comment was made regarding the absence of 'performance standards"
or review criteria in the CMA that the Commission would apply to Ms. Gunn's work as City Manager
during the specified annual review.
In response to that comment we make the following observations:
• The language in the CMA in this regard is substantially similar to that which is contained in the
City of Coral Springs and City of Sunrise employment agreements.
• There is no "right" or "wrong" way to develop standards to apply to when evaluating Ms. Gunn's
performance as City Manager, however, as with the above mentioned City's employment
agreements we believe it is appropriate for the City Commission to develop those review standards,
not the City Attorney. With that said, we will do what the Commission directs us to do - including
assisting in the development, drafting and implementation of appropriate performance standards.
To assist the Commission with the development of appropriate performance standards, by separate
email we will forward the Commission a variety of city manager evaluation forms from a number
of randomly selected in -state and out-of-state local government jurisdictions for your review and
follow up discussion at a Commission workshop or regular meeting, as we need each
Commissioner's input on what performance review criteria you would like to see included in a
uniquely "City of Tamarac" City Manager evaluation/review form -particularly as it relates to the
upcoming annual strategic plan process.
Conclusion.
We hope this memo helps clarify any questions you may have concerning Ms. Gunn's CMA and, as
always, we are available to answer any questions you have.
JRH
cc: Kathleen Gunn, Acting City Manager
Lerenzo Calhoun, Human Resources Director
Jennifer Johnson, City Clerk
128635061.2
OKLAWAHA COUNTY, FLORIDA
City/Cy Manager Performance Evaluation
City/County Manager's Name:
Council Member/Commissioner's Name:
Evaluation Period:
Evaluation Date:
Evaluation Instructions:
to
This form shall be completed by each member of the Council/Commission to evaluate the City/County
Manager's performance in each of the areas noted below. Each member of the Board shall sign at the
end of the form and forward it to the Human Resources Director. Performance levels can be noted
based on the tollowing scale:
5-EXCELLENT: The incumbent consistently demonstrates performance at a very high
standard that significantly surpasses reasonable expectations-
4 - SUPERIOR: The incumbent consistently demonstrates performance that generally
exceeds reasonable expectations. The individual demonstrates no
appreciable performance deficiencies.
3 - SATISFACTORY: The incumbent consistently meets reasonable performance
expectations. The individual demonstrates an acceptable degree of
competence and performance.
2-FAIR: The incumbent achieves the minimum of performance expectations.
The individual requires development in specific areas in order to meet
reasonable expectations of performance-
1- UNSATISFACTORY: The incumbent frequently fails to meet minimum performance
expectations.
Timeline:
Firstregularly scheduled Manager presents the Annual Report to the Council/Commission
meeting in October: Chairman distributes the City/County Manager's performance
evaluation form
Second regularly scheduled Deadline for completion of the performance evaluation form
meeting in October: Commissioners are encouraged to meet with the manager to
individually discuss their evaluation
First regularly scheduled The compilation of the manager's evaluation and any merit
meeting in November: percentage increase recommended by the Chairman are
presented for ratification by the Council/Commission
Sample City/County Manager Performance Evaluation Page 1
Created by the Florida City & County Managers Association, 2016
X'KNS I Yx:
` 0KLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
Performance Dimensions:
1. Professional Skills and Expertise I Overall Rating: _ of 5
a. Is knowledgeable of current developments affecting the management field and affecting local
governments.
b. Regularly provides accurate, comprehensive reports concerning matters of importance to the
organization.
c. Anticipates problems and develops effective approaches for solving them
d. Offers workable alternatives when changes in the law render the administration of an ordinance
nr nnliry imnrartiral
e. Sets a professional example by handling the affairs of the organization in a fair and impartial
manner.
Comments:
2. Council/Commission Relations I Overall Rating: _ of 5
a. Carries out directives of the Board as a whole rather than those of any one Board member.
b. In responding the requests for information, provides complete, accurate, and timely information
equally to all Board members.
c. Assists the Board by resolving problems atthe administrative level to avoid unnecessary Board
action.
d. Assists the Board in establishing policy while acknowledging the ultimate authority of the Board.
e. Is willing to try new ideas proposed by Board members.
Comments:
Sample City/County Manager Performance Evaluation Page 2
Created by the Florida City & County Managers Association, 2016
xxxxx
I- Mff,'10
�.
.;�. r h
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
3. Citizen and Public Relations
Overall Rating: _ of 5
a. Effectively conveys to the public that the organization delivers services in a cost-effective
manner without sacrificing quality and customer focus.
b. Is willing to meet with members of the community and is responsive to their concerns.
c. Demonstrates a dedication to service to the community and its citizens.
''
u. Expresses information orally in a clear and concise manner when, making public pre sentat.; con -.
e. Is skillful with the news media, proactively providing information that is important to the public.
Comments:
4. Policy Execution I Overall Rating: _ of 5
a. Understands, supports, and enforces the organization's ordinances, policies, and procedures.
b. Clearly identifies and communicates expectations to the organization regarding the
implementation of policies enacted by the Board.
c. Implements Board actions in accordance withthe intent of the Board.
d. Supports the actions ofthe Board after a decision has been reached, both inside and outside the
organization.
e. Helps internal and external stakeholders to achieve common objectives within the parameters
of established Board policies.
Comments:
Sample City/County Manager Performance Evaluation Page 3
Created by the Florida City & County Managers Association, 2016
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
5. Intergovernmental Relations I Overall Rating: _ of 5
a. Promotes a positive working relationship with other governmental entities.
b. Engages with other local, regional, state, and federal agencies to accomplish local initiatives.
c. Positively and effectively represents the organization and its interests when working with other
governmenta! agencies.
d. Maintains awareness of laws and other issues affecting other governmental agencies which may
affect the organization.
e. Is willing to share resources or information with other governmental agencies as appropriate.
Comments:
6. Staffing and Management I Overall Rating: _ oj'5
a. Recruits and retains competent personnel for County positions.
b. Is aware of staff weaknesses and works to improve their performance.
c. Promotes training and development opportunities for employees at all levels of the
organization.
d. Stays accurately informed and concerned about employee relations.
e. Is able to discern when it is necessary to assume charge of situations that would normally be
handled by a subordinate and when it is necessary to only provide guidance and support.
Comments:
Sample City/County Manager Performance Evaluation Page 4
Created by the Florida City & County Managers Association, 2016
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
7. Fiscal Management I Overall Rating: _ of 5
a. Prepares a balanced budget to provide services at a level directed by the Board.
b. Ensures that the budget meets the operational needs of the organization and makes the best
possible use of available funds.
c. Prepares the budget in an intelligent but readableformat.
d. Submits the proposed budget in a timely manner that allows for an appropriate review period.
e. Appropriately monitors and manages the fiscal activities of the organization throuqhout the
fiscal year.
8. Planning and Organizational Development I Overall Rating: _ of 5
a. Works with the Board, community leaders, and other stakeholders to develop a clear vision,
mission, values, and objectives for the organization.
b. Effectively prioritizes goals and objectives in order to ensure that the organization is doing "first
things first" in support of its strategic plan.
c Maintains a healthy and productive organizational culture focused on customer service and
responsible stewardship of the organization's resources.
d. Hasa capacity for and encourages innovation
e. Reviews ordinances, policies, and procedures periodically to suggest improvements.
Comments:
Sample City/County Manager Performance Evaluation Page 5
Created by the Florida City & County Managers Association, 2016
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
9. Leadership and Decision -Making I Overall Rating: _ of 5
a. Leads the organization by example in adhering to its established policies, rules, and procedures,
and ensures that subordinates do the same.
b. Acknowledges the efforts of others and gives appropriate credit for their accomplishments.
c. Is effective at building consensus among stakeholders on new or unpopular policies or
initiatives.
d. Makes logical decisions based on a thorough review of available information and soliciting input
from appropriate sources.
e. is abie to eiiectiveiy make aecisions rapidiy in situations wnere information is iimited and the
outcome might be uncertain.
10. Individual Characteristics I Overall Rating: _ of 5
a. Consistently acts with professionalism and courtesy, including prompt attendance at meetings,
returning phone calls/messages, and adhering to scheduled appointments.
b. Ensures that all business conducted by the organization is free of conflicts of interest or
practices that might be construed as illegal, unethical, or unprofessional.
c. Is energetic, cooperative, and willing to spend whatever time is necessary to do a good job.
d. Has the capacity to listen to others and to recognize their interests.
e. Avoids political positions, partisanship, and unnecessary controversy.
Comments:
Sample City/County Manager Performance Evaluation Page 6
Created by the Florida City & County Managers Association, 2016
Summary:
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
Performance Dimension:
Overall Rating:
1.
Professional Skills and Expertise
-- ofS
2.
Council/Commission Relations
-- ofS
3.
Citizen and Public Relations
__ ofS
4.
Policy Execution
__ of.S
5.
Intergovernmental Relations
__ ofS
6.
Staffing and Management
-- ofS
i .
riacai manayeuieiii
8.
Planning and Organizational Development
-- ofS
9.
Leadership and Decision -Making
-- ofS
10.
Individual Characteristics
__ ofS
Total Score: of 50
Divide by 10 (total number of metrics)
Total Average Ratin ct
Evaluator's Signature:
Sample City/County Manager Performance Evaluation
Creciled hY the Floi•idcz C'it}' R County Managers Association, 2010
Date:
Page 7
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
Additional Narrative Evaluation-
1 . In your opinion, what are the manager's top successes or achievements during the evaluation
period?
Response:
2 . What strengths has the manager demonstrated that have been most helpful to you as a
council member/commissioner during the evaluation period? (Feel free to be general or
include specific issues or projects which benefited from the manager's leadership.)
Response:
3. What performance areas would you identify as needing improvement? Why?
Response:
Sample City/County Manager Performance Evaluation Page 8
Created by the Florida City &: County Managers Association, 2016
OKLAWAHA COUNTY, FLORIDA
City/County Manager Performance Evaluation
4. What constructive, positive ideas can you offer the manager to enhance performance?
Response:
5 . What other comments do you have for the manager,- e.g., priorities, expectations, goals or
objectives for the new rating period?
Response:
Sample City/County Manager Performance Evaluation Page 9
Created by the Florida City & County Managers Association, 2016