HomeMy WebLinkAbout2022-03-23 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, MARCH 23, 2022
9:30 AM
COMMISSION CHAMBERS
CALL TO ORDER:
Mayor Gomez called the Wednesday, March 23, 2022, regular City Commission meeting,
being held in Commission Chamber, to order at 9:30 a.m.
ROLL CALL:
Commissioner Elvin Villalobos, Vice Mayor Mike Gelin, Commissioner Debra Placko, and
Mayor Gomez were present. Commissioner Bolton arrived at 9:53 a.m.
City Manager Kathleen Gunn, City Attorney John Herin, and City Clerk Jennifer Johnson were
also present.
PLEDGE OF ALLEGIANCE:
Vice Mayor Gelin led the Pledge of Allegiance.
1. CITY ATTORNEY REPORT
City Attorney, John Herin, provided information related to the 13th Floor litigation. Herin
stated all of the briefs have been filed, and are waiting to hear if the court would make a
decision on the case, or schedule the case to on the docket. Depending on the courts
caseload, the city can expect to hear some thing regarding the case in mid -summer.
2. CITY MANAGER REPORT
2.a Investment Report - January 2022
2.b State Representative Anika Omphroy Legislative Update
State Representative, Anika Omphroy, provided an update on the legislative session.
Ms. Omphroy stated she was proud of the relationship she has with the City of
Tamarac, and the work that has been done on behalf of the city. Omphroy provided
an update on Mia's law, which is awaiting signature from Governor DeSantis, after
being passed in both houses unanimously. Omphroy offered to attend a future
workshop to explain the new congressional maps when the city was ready.
3. PUBLIC PARTICIPATION
City Attorney, John Herin, read the rules for public participation.
Mayor Gomez open for public participation.
1) Bob Zangara, of Greenhaven 12, expressed his concern with parking in his
neighborhood at night. Zangara stated there are too many cars on the narrow streets, and
with no one enforcing the ordinances, it makes it difficult to park his truck. He added that
rescinding the parking ordinance would be a mistake, and he is looking to city to come up
with a solution.
2) Nancy Roberts, of Greenhaven 12, also expressed her concern with parking in the
neighborhood. She stated the parking ordinance needs to be enforced, and a solution
may be to allow parking on one side of the street.
3) Ilene Michelson, of 4809 Woodlands Blvd. Tamarac, stated she attended the City
Commission workshop Monday and had read the city attorney's memo regarding party
-houses. Michelson added that the Broward Sheriffs Office (BSO) should enforce the city's
code like Deerfield Beach. Michelson also provided comments regarding the state per-
emption for business tax receipt, no parking on the grass, for the city to get a decibel
reader, permits for special events and outside alcohol service. She added, on November
10, 2021, she attended the City Commission meeting and asked for an investigation into
the disparate parking enforcement of Section 3 & 4, but it has been four months and she
had not heard anything.
4) Darcy Schiller, of Kings Point, stated she was concerned and disturbed by the
District 2 community engagement liaison. She added that there is backstabbing and
acrimony among the members of the City Commission, and she would like BSO to patrol
around the sports complex. Schiller stated it sounds like there is rifle fire, around 2 a.m.,
in the park and if there is anything the city can do about it.
There being no other members of the public wishing to speak, Mayor Gomez closed
public participation.
4. CONSENT AGENDA
4.a March 9, 2022 - Regular City Commission Minutes
4.b TR13709 - A Resolution of the City Commission of the City Of Tamarac,
Florida, authorizing the appropriate City Officials to approve a Purchase
Agreement with Symbiont Service Corporation as a Sole Source Procurement for
the Purchase and installation of Pool Heaters and Lake Pump, at a cost not to
exceed $114,047; plus a $11,405 contingency amount for a total project budget of
$125,452; approving funding from the appropriate Parks AndRecreation account;
providing for conflicts; providing for severability; and providing for an effective
date.
4.c TR13737 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving replacement of the Wastewater Video Van, utilizing CUES, Inc. as a Sole
Source Direct Provider for the replacement of the Wastewater Video Van;
authorizing an expenditure in an amount not to exceed $357,057.00 from the
appropriate accounts; providing for severability; and providing for an effective
date.
4.d. TR13747 — pulled for discussion.
4.e TR13748 -A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the purchase of two (2) towable generators from Generac Mobile
Products utilizing the United States General Services Administration Contract
GS-07F0407X in an amount not to exceed $96,408.64; authorizing an expenditure
not to exceed $96,408.64 from the appropriate accounts; providing for conflicts;
providing for severability; and providing for an effective date.
4.f TR13759 - A Resolution of the City Commission of the City of Tamarac, Florida,
amending Resolution No. R-2021-094, by specifically adding Haitian Lawyers
Association, Inc. to the list of charitable entities with whom the City of Tamarac
recognizes a formally approved relationship; providing for an amended Exhibit
"A", as may be amended from time to time, for the expressed purpose of
compliance with Section 1019(C)(5)(A)(4) of the Broward County Code of
Ordinances; providing for conflicts; providing for severability and providing for an
effective date.
City Manager Gunn stated she would like to have Item 4.c. TR13737 removed from the
agenda. Vice Mayor Gelin requested to pull Item 4.d. TR13747 for discussion.
Moved by Vice Mayor Mike Gelin; seconded by Commissioner Elvin Villalobos to
Approve. Motion carried: 5 — 0. Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike
Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos, Commissioner
Debra Placko. Voting Against: None
4.d TR13747 - A Resolution of the City Commission of the City of Tamarac, Florida
approving the purchase of diesel fuel and gasoline from Port Consolidated, Inc.
utilizing the City of Pompano Beach RFP Number a-03-22 on behalf of the
Southeast Florida Government Purchasing Cooperative; authorizing purchase of
diesel fuel and gasoline in the quantities needed based on the OPIS Fuel Index
Cost at the time of delivery; effective March 15, 2022 through March 14, 2027 or as
extended by the City of Pompano Beach; authorizing proper City Officials to
execute contract renewals; providing for conflicts; providing for severability; and
providing for an effective date.
City Attorney Herin read the title for Item 4.d TR13747 the record.
Discussion by the Commission ensued regarding the cost of fuel to date, how much was
budgeted and expended last fiscal year, and if that will be enough considering the current
cost of fuel.
Mayor Gomez opened for comments from the public, there being none, closed public
comment.
Moved by Vice Mayor Mike Gelin; seconded by Commissioner Elvin Villalobos to
Approve. Motion Approved: 5 — 0. Voting For: Mayor Michelle J. Gomez, Vice Mayor
Mike Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos,
Commissioner Debra Placko. Voting Against: None
5. REGULAR AGENDA
5.a TR13757 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving an Agreement of Purchase and Sale of surplus real property to sell
±1.41-acres of City -owned vacant land located at 7200 N University Drive for $1.05
Million to RFP 21-03R Commission -selected developer Vida Garden Plaza, LLC
(formerly Group B Properties FL, LLC) to construct a rooftop restaurants and retail
project and authorizing the City Manager and City Attorney to take all necessary
action to effectuate the disposition; providing for conflicts; providing for
severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Economic Development Manager, Lori Funderwhite, provided a presentation, which is
on file in the City Clerk's Office.
Discussion by the Commission ensued regarding the timeline for completion, success
of other locations, rooftop music, hours of operation, type of retail the owners were
looking for, and coming through with conceptual plans. Michel Bittan, owner, provided
information regarding the project. Bittan stated his other locations are very successful,
and he would like to high -end shopping in the area such a beauty salon, fashion stores,
etc.
Mayor Gomez opened for comments from the public.
1) Darcy Schiller, of Kings Point, stated she was confused by the concept of high -end
when the median income in Tamarac doesn't support the idea. She asked if studies had
been completed on the long-term success considering all the shopping plazas that are
closed.
There being no other comments, Mayor Gomez closed comments from the public.
Moved by Commissioner Marlon D Bolton; seconded by Commissioner Debra Placko to
Approve. Motion Approved: 5 - 0. Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike
Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos, Commissioner
Debra Placko. Voting Against: None
5.b TR13756 -A Resolution of the City Commission of the City of Tamarac, Florida
approving a pilot composting rebate program; authorizing a reallocation and
expenditure of $1,500.00 for said rebate program; providing for conflicts; providing
for severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Mayor Gomez opened for comments from the public, there being none, closed public
comments.
Moved by Commissioner Elvin Villalobos; seconded by Commissioner Marlon D Bolton to
Approve Motion to approve. Motion Approved: 5 — 0. Voting For: Mayor Michelle J.
Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin
Villalobos, Commissioner Debra Placko. Voting Against: None
6. ORDINANCE(S) - FIRST READING
6.a TO2496 - An Ordinance of the City Commission of the City of Tamarac, Florida,
amending Chapter II, entitled "Administration", amending Article II, entitled "City
Commission", by specifically amending Section 2-34 entitled "Comprehensive
Procedures for City Commission Meetings" to provide in subsection (k) "Voting
Procedures" a new voting rotation; providing for conflicts; providing for
severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Moved by Commissioner Elvin Villalobos; seconded by Commissioner Debra Placko to
Approve Motion to approve. Motion Approved: 4 — 1. Voting For: Mayor Michelle J.
Gomez, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos, and
Commissioner Debra Placko. Voting Against: Vice Mayor Mike Gelin
7. PUBLIC HEARING(S)
8. ORDINANCE(S) - SECOND READING
8.a TO2493 - An Ordinance of the City Commission of the City of Tamarac, Florida;
lifting Zoning in Progress by amending Chapter 2 of the City of Tamarac Code of
Ordinances, entitled "Administration", by amending Article x, entitled "Quasi -
Judicial Proceedings"; by specifically amending Section 2-369 entitled "Quasi -
Judicial Matters" of the City of Tamarac Code of Ordinances to delete site -specific
land use plan amendments from the list of designated quasi-judicial matters and
amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land
Development Code", by amending Article 5, entitled "Administration", amending
Section 10-5.2, entitled "Summary Table of Development Review Procedures", by
specifically amending Table 10-5.1, entitled "Summary of Development Review
Procedures" changing the required public hearing format for site -specific
comprehensive plan amendment applications from quasi-judicial public hearing to
standard public hearing , and amending Section 10-5.4, entitled "Application -
Specific Review Procedures" by deleting the requirement for the Planning Board
and the City Commission to hold a quasi-judicial hearing for Site -Specific Land Use
Plan Amendment applications, to ensure consistent application of the code in
accordance with the applicable Florida Supreme Court ruling; providing for
codification; providing for conflicts; providing for severability; and providing for an
effective date.
City Attorney Herin read the title for the record.
Discussion by the Commission ensued regarding the need for the change, when the
original ordinance was adopted, who was a member of the Commission at the time of
adoption, and the ordinances effect on current litigation.
Mayor Gomez recessed the meeting at 11:04 a.m. and reconvened at 11:20 a.m.
Mayor Gomez opened for comments from the public, there being none, Mayor Gomez
closed public comments.
Moved by Commissioner Elvin Villalobos; seconded by Commissioner Debra Placko to
Approve. Motion Approved: 4 — 1. Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike
Gelin, Commissioner Elvin Villalobos, Commissioner Debra Placko. Voting Against:
Commissioner Marlon D. Bolton
Commissioner Bolton departed the meeting at 11:53 a.m. and returned at 11:59 a.m.
8.b TO2494 - 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", amending Article 5, entitled "Administration" by amending
Section 10-5.3, entitled "Common Review Procedures"; by specifically amending
section 10-5.30)(5)(b)(ii) replacing the term "two-thirds" with "majority" of the
decision -making body permitted to grant a waiver of the one year time limitation
required for the resubmittal of a similar or same land development application after
being previously denied; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Mayor Gomez opened for comments from the public.
1) Ilene Michelson, of 4809 Woodlands Blvd., urged the City Commission to vote no
on the legislation and a provision requiring a super majority is in place for a reason.
There being no other members of the public requesting to speak, Mayor Gomez
closed public comments.
Discussion by the Commission ensued related to the genesis of the change, and if it was
necessary. Director of Community Development, Maxine Calloway, stated the requestfor
the change was discussed during the January 10, 2022, City Commission workshop.
Moved by Elvin Villalobos; seconded by Debra Placko to Approve. Motion Adopted: 1 — 4.
Voting For: Mayor Michelle J. Gomez. Voting Against: Vice Mayor Mike Gelin,
Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos, Commissioner Debra
Placko.
9. QUASI-JUDICIAL HEARING(S)
9.a TR13753 - A Resolution of the City Commission of the City of Tamarac, Florida,
granting Site Plan Approval (Major) to allow for the tenant improvements of an
existing one (1) story building with the addition of a drive-thru lane to
accommodate a restaurant drive-thru lane to accommodate a restaurant use; for
the subject property located at 7001 NW 88 Avenue, Tamarac, Florida, legally
described as (Fla Fruit Lands CO SUB No 2 5-49-41 1-102 PB COM SE COR SEC
5,W 97.23,N 72 TO POB A,W 196.75 N 27.06,NELY 82.96,N 181.45,E 174.73,SLY
258.16,S 2.77,W 33.22 TO POB A,TOG WITH:COM SE COR SEC 5,N 408.83,W 92.58
TO POB B, W 30.42,W 16.85,W 128.15,N 168.29,W 70.35,W 76.35,W 59.99,W 62.01,S
16.78,W 87.90,S 20.41,W 91.56,N 38.70,W 93.34,NWLY 744.92,E 257.80,S 49,E
441.03, SELY 406.76,S 100.61,SELY 434.43 ,S 62.65,SELY 174.70 TO POB B) (Case
No. 11-SP-21); providing for conflicts; providing for severability; and providing for
an effective date
City Attorney Herin read the title for the record. Herin also reviewed the rules for quasi-
judicial proceedings, and swore in Maxine Calloway, Albert Micha, and Carlos Lozano.
Mayor Gomez asked if the members of the Commission had any disclosures.
Commissioner Bolton, Commissioner Placko, Vice Mayor Gelin and Commissioner
Villalobos stated no. Mayor Gomez stated she was familiar with the plaza and frequents
the plaza often.
Carlos Lozano, the applicant's architect, provided a presentation.
Discussion by the Commission ensued related to the curbing in the drive-thru.
Mayor Gomez opened for comments from the public.
1) Darcy Schiller, of Kings Point, stated she is thrilled with the addition of a Dunkin
Donuts at the new location.
2) Armando Grundy, of Gainesville, asked if the landscaping would be Florida
friendly.
There being no other members of the public wishing to speak, Mayor Gomez closed
public comment.
Moved by Elvin Villalobos; seconded by Debra Placko to Approve. Motion
Approved: 5 — 0. Voting For: Mayor Michelle J Gomez, Vice Mayor Mike Gelin,
Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos, Commissioner
Debra Placko. Voting Against: None
10. OTHER
10.a Safety First Challenge for Safer Streets - National League of Cities
Requested by Mayor Gomez
Mayor Gomez introduced the item, and the consensus was to draft a resolution to
support the NLC Safety First Challenge.
10.b Discussion on Community Engagement Liaisons' roles when lobbying for their
Commissioners' agenda items
Requested by Commissioner Villalobos
Commissioner Villalobos introduced the item, and discussion by the Commission
ensued.
Human Resources Director, Lerenzo Calhoun, provided information regarding CEL
orientation and expectations.
Adjournment
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 12:46 p.m.
Minutes anscribed and submitted by City Clerk Jennifer Johnson.
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Michelle J. Gomez, Mayor
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 regular City Commission meeting held Wednesday, March 23, 2022.
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 by dialing 7-1-1.
The consensus of the Commission is to have staff develop rules and procedures
for the CELs.
ADJOURNMENT
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