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Home My WebLink About2022-04-27 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, APRIL 27, 2022 9.30 AM COMMISSION CHAMBERS CALL TO ORDER: Mayor Michelle J. Gomez called the Wednesday, April 25, 2022, City Commission meeting, being held in Commission Chamber, to order at 9.30 a.m. ROLL CALL: Present were Commissioner Elvin Villalobos, Vice Mayor Mike Gelin and Mayor Michelle J. Gomez. Commissioner Marlon D. Bolton arrived at 9.32 a.m. Commissioner Debra Placko was absent [excused]. Also present were City Manager Kathleen Gunn, City Attorney John Herin and City Clerk Jennifer Johnson. PLEDGE OF ALLEGIANCE: City Clerk, Jennifer Johnson, led the Pledge of Allegiance. 1. CITY ATTORNEY REPORT City Attorney, John Herin, stated Item 9.a. TB051 "Trapeze - Members Only Management, LLC - Administrative Appeal" would be pulled. Herin stated the Commission, and Mr. Cormican, has received correspondence from me detailing the why this item must be continued for an indefinite period of time. Our Land Development Code require that property owners affected by an Administrative Appeal, or property within 400-feet of the subject property, are legally entitled to be noticed and given an opportunity to participate in the quasi-judicial proceeding. Since the initial administrative appeal was filed, the location they listed 6305 North University Drive, is no longer available. Therefore, since we don't know where this use is looking to locate at this time, we cannot comply with the notice requirements of noticing all property owners within 400-feet of the location in question. In my opinion, as a result of that, the matter is not properly before you due to a lack of notice. 2. CITY MANAGER REPORT City Manager, Kathleen Gunn, stated she is pulling Item 9.a., as recommended by the City Attorney. 2.a Proclamation - Building Safety Month Requested by George Folles, Tamarac Building Official Mayor Gomez read the proclamation for the record, and presented to George Folles. 2.b Employee Service Awards 5 - Years of Service Dibb Machuca 10 - Years of Service Richard Zalewski Rance Gaede 15 - Years of Service Jorge Gomez 20 - Years of Service Scott Ramgoolie City Manager, Kathleen Gunn, provided a presentation, which is on file in the City Clerk's Office. City Manager, Kathleen Gunn, provided a proclamation honoring City Clerk Jennifer Johnson. 3. PUBLIC PARTICIPATION City Attorney, John Herin, provided rules and procedures for providing public comments. Mayor Gomez opened for comments from the public. 1. Ron Wasserman, of 8577 Jade Drive, Tamarac, apologized for previously speaking out of place. Wasserman also spoke about the dangers of cancer, and the importance of getting tested. Additionally, Wasserman referenced an recent article in the Sun Sentinel about the lack of qualified 911 operators. He urged the members of the Commission to get involved, and determine how to help find an answer to the problem. He then commended Capt. Jeff Cirminiello [BSO] for running a great team. 2. Mel Yoder, of Kings Point, Tamarac, stated there are multiple items on the agenda that have financial implications. He asked that the Financial Services Department summarize expenditures better. He knows the expenditures will cost taxpayers more but asked if staff was doing a good enough job during the budgeting process for estimating, and if money would need to be taken out reserves. 3) Ina Ellen Wendler, of 6351 N. University Drive #1104, Tamarac, urged the city not approve the Trapeze item. She stated she is a resident of Concord Village, which has 543 units, and it being the wrong location. 4) Attorney Russell Cormican, representing Members Only Management, objected to being relegated to the public comments portion of the meeting. Cormican stated his clients have complied with all the notice requirements of the city. He also objected to removal of the item from the agenda. Cormican outlined the history of the business, in Tamarac, and their filing of a Zoning Verification for a potential property on University Drive. The opinion would have let his applicant know if they could move into that location. The item was denied, and they appealed the Planning Board. The Planning Board affirmed the decision and his client is appeal the Planning Board. Cormican stated the Zoning Verification letter has no time limit and if the property is leased, they may come back at the end of the lease or buy out the current lease. Were you're being asked is whether the Community Development Director made the proper decision on the issues that were present at the time that she made the decision. Cormican stated he would provide a supplement with written objections. [attached] 4. CONSENT AGENDA Moved by Commissioner Elvin Villalobos; seconded by Mayor Michelle J Gomez to Approve. Motion Approved: 4 - 0 Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos Voting Against: None 4.a April 6, 2022, City Commission Executive Session Minutes 4.b April 13, 2022, City Commission Regular Meeting Minutes 4.c TR13765 - A Resolution of the City Commission of the City of Tamarac, Florida, adopting a Resolution of support for three new Municipal Capital Projects for the Broward County Mobility Advancement Program (30-year one percent surtax for transportation) funding; acknowledging that the projects are located within the City of Tamarac; authorizing the appropriate City Officials to take any and all actions necessary to apply and receive the funding for new Municipal Capital Projects; providing for conflicts; providing for severability; and providing for an effective date. 4.d TR13769 -A Resolution of the City Commission of the City of Tamarac, Florida, accepting a donation of an American Flag Disposal Box from the Tamarac Parks and Recreation Foundation valued in the amount of $1,733.99 including the vinyl wrap; providing for conflicts; providing for severability; and providing for an effective date. 4.e TR13772 -A Resolution of the City Commission of the City of Tamarac, Florida, sunsetting the current Charter Board with new appointments to be made in six years; not before March 2027; providing of conflicts; providing for severability; and providing for an effective date. 5. REGULAR AGENDA 5.a TR13740 - A Resolution of the City Commission of the City of Tamarac, Florida, approving a Piggy -back Agreement with Trane, for HVAC Improvements at the Tamarac Community Center, utilizing competitive procurement methods and current agreement available for cooperative purchases at the time of purchase including OMNIA Partners Agreement, through US Communities Cooperative Contract #15-JLP-023, for a total amount of $504,965.00, a contingency in the amount of $50,496.50 (10% of the contract cost) will be added to the account for a project total of $555,461.50; authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Moved by Commissioner Villalobos; Mayor Gomez seconded the motion, and passed the gavel to Vice Mayor Gelin. Mayor Gomez recessed the meeting at 10:02 a.m., and reconvened at 10:08 a.m. Commissioner Villalobos moved to move the agenda to the next agenda and adjourn this meeting. Mayor Gomez seconded the motion. Motion Failed 2-2 Voting For: Mayor Michelle J. Gomez, Commissioner Elvin Villalobos. Voting Against: Commissioner Marlon D. Bolton, Vice Mayor Mike Gelin. Vice Mayor Gelin opened for comments from the public. There being none, Vice Mayor Gelin closed public comments. No discussion by the Commission. Motion [Main] Approved: 4 - 0 Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos Voting Against: None 5.b TR13770 -A Resolution of the City Commission of the City of Tamarac, Florida, amending the Benefit Plan for individuals covered under the Non - Bargaining Benefit Plan effective January 1, 2023; authorizing appropriate Budget transfers; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Moved by Commissioner Elvin Villalobos. Mayor Gomez seconded the motion, and passed the gavel to Vice Mayor Mike Gelin. Vice Mayor Gelin opened for comments from the public. There being none, Vice Mayor Gelin closed comments from the public. Director of Human Resources, Lerenzo Calhoun, provided a synopsis of the items coming forward for approval with the item. Those included adding three hours of personal time to staff eligible under the plan and a $150 annual increase for benefit option dollars. Calhoun also provided feedback related to current employment environment, retention and attrition. No discussion by the Commission. Motion : 4 - 0 Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos Voting Against: None 5.c TR13771 -A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute an agreement with the Federation of Public Employees, a division of the National Federation of Public and Private Employees affiliated with District 1-MEBA (AFL-CIO) for the period from October 1, 2021 through September 30, 2023; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Mayor Gomez seconded the motion, and passed the gavel to Commissioner Villalobos. Commissioner Villalobos opened for comments from the public. There being none, Commissioner Villalobos closed comments from the public. Director of Human Resources, Lerenzo Calhoun, stated the employees overwhelmingly ratified the contract with 118 to 3 votes. City Manager, Kathleen Gunn, expressed her appreciation to the Union's Bargaining Team, and everyone who worked on getting the contract approved. She congratulated the employees on their new agreement. No discussion by the Commission. Moved by Vice Mayor Mike Gelin; seconded by Mayor Michelle J Gomez to Approve. Motion Approved: 4 - 0 Voting For: Mayor Michelle J Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D Bolton, Commissioner Elvin Villalobos Voting Against: None 6. ORDINANCE(S) - FIRST READING 7. PUBLIC HEARING(S) 8. ORDINANCE(S) - SECOND READING 8.a TO2492 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Ordinance 2021-031, which adopted the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies for the Fiscal Year 2022, by increasing the total Revenues and Expenditures by a total of $2,324,602 as detailed in Attachment A attached hereto and summarized in Attachment B; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Moved by Commissioner Elvin Villalobos; seconded by Commissioner Marlon D. Bolton to Approve. Mayor Gomez opened for comments from the public. There being none, Mayor Gomez closed comments from the public. No discussion by the Commission. Motion Adopted: 4 - 0 Voting For: Mayor Michelle J Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D Bolton, Commissioner Elvin Villalobos Voting Against: None 8.b TO2495 - An ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 4, entitled "Development and Design Standards" by amending Section 10-4.10 entitled "Signs" of the City of Tamarac Code of Ordinances, by specifically amending Section 10-4.10 (C) entitled "Comprehensive Sign Plan (CSP)"; Section 10-4.10 (D) entitled "General Sign Requirements"; Section 10-4.10 (E) entitled "Design criteria"; section 10-4.10(F) entitled "construction and location"; section 10-4.4 (H) entitled "temporary Signs" and Section 10-4.10(M) entitled "Nonconforming Signs" to provide for updated signage regulations in support of economic development opportunities, citywide; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney, John Herin, read the title for the record. Moved by Commissioner Elvin Villalobos; seconded by Mayor Michelle J Gomez to Approve and passed the gavel to Vice Mayor Mike Gelin. Vice Mayor Gelin opened for comments from the public. 1) Mel Yoder, of Kings Point, Tamarac, stated it is great that signage is being addresses by the city as it needs to be worked on. Yoder stated he has been a business owner in Florida, and good signage can increase sales 10-15 percent. He added, that signs are good, but they don't do anything if the landscaping make it next to impossible to see them from the road and can lead to increased accidents. Mayor Gomez closed comments from the public. Director of Community Development, Maxine Calloway, provided a synopsis of the changes. Calloway stated she would provide a memo to the City Commission regarding the status of the wayfinding signs throughout the city. She also stated Code Enforcement has just done a sweep of the city for overgrown landscaping. Code Enforcement's job is to work with the commercial property owners to make sure they are in compliance with their site plan. Acting Director of Public Services, John Doherty, stated we do have restrictions on the height of vegetation, and I don't believe it to be an issue. We have tried to work with property owners regarding overgrown trees, but we don't manage trees. That is Broward County. Motion Adopted: 4 - 0 Voting For: Mayor Michelle J Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D Bolton, Commissioner Elvin Villalobos Voting Against: None 9. QUASI-JUDICIAL HEARING(S) 9.a TBO51 - Trapeze — Members Only Management, LLC — Administrative Appeal Petitioner: Russell L. Cormican, Esq., designated agent for the business owner, Members Only Management, LLC. Case No.: #6-113-22 Petition: Administrative appeal of response to Zoning Verification Request rendered by the Director of Community Development on February 18, 2022. Location: 6830 N University Drive, Tamarac, Florida 33321 This item was removed from the agenda at the request of the City Manager and the City Attorney. 9.b TBO52 - Bowlero Tamarac — Variance(s) Petitioner: Bowlero Tamarac Case No(s): #1-B-22, #2-13-22, #3-B-22, #4-B-22 and #5-113-22 Location: 8501 N. University Drive, Tamarac, Florida 33321 City Attorney, John Herin, introduced the item and read the rules for quasi-judicial procedures. Herin then swore in anyone who would be speaking on behalf of the item. Mayor Gomez asked if there were any disclosures regarding the item. Commissioner Bolton, Commissioner Villalobos and Vice Mayor Gelin stated they did not have any disclosures to report. Mayor Gomez stated she had a meeting with the owner and staff Nov. 17, 2021, and that she frequents the facility. Director of Community Development, Maxine Calloway, noted the item for five (5) new signs on each elevation of the building, for the record. Moved by Commissioner Elvin Villalobos; seconded by Vice Mayor Mike Gelin to Approve. Andres Restrepo, Senior Vice President of Concept Development for Bowlero, provided a presentation, which is on file in the City Clerk's Office. Calloway, provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez opened for comments from the public. 1) Ron Wasserman, of 8577 Jade Drive, Tamarac, stated he lives down the street from the project and the new owners have not done any improvements. He continued, stating, there have been many projects that were approved in the city, and they have needed a lot of help. There being no other comments, Mayor Gomez closed comments from the public. Discussion by the Commission ensued related to total anticipated revenue, timeline for renovations, landscaping improvements, the parking lot, updating the facade, etc. Motion Approved: 4 - 0 Voting For: Mayor Michelle J. Gomez, Vice Mayor Mike Gelin, Commissioner Marlon D. Bolton, Commissioner Elvin Villalobos Voting Against: None 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 11.03 a.m. Minutes transcribed and submitted by City Clerk Jennifer Johnson. - l e Kimberly iIIon, CMC —xll4e�416 a a Mic elle J. Gomez, D&Yor 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, April 27, 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. PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING APRIL 27, 2022 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. 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