HomeMy WebLinkAbout2022-05-25 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, MAY 25, 2022
9:30 AM
COMMISSION CHAMBERS
CALL TO ORDER
Mayor Michelle J. Gomez called the Wednesday, May 25, 2022, City Commission meeting, being held in
Commission Chambers, to order at 9:30 a.m.
Rni i rai i
Present were Mayor Michelle J. Gomez, Vice Mayor Mike Gelin, Commissioner Marlon B. Bolton,
Commissioner Debra Placko, and Commissioner Elvin Villalobos.
Also present were City Manager Kathleen Gunn, Assistant City Manager Levent Sucuoglu, City Attorney
John Herin, and Acting City Clerk Kimberly Dillon.
PLEDGE OF ALLEGIANCE
Mayor Gomez led the Pledge of Allegiance and moment of silence.
1. CITY ATTORNEY REPORT
City Attorney John Herin stated staff would present the Charter Ordinance for discussion at the
next Commission meeting.
2. CITY MANAGER REPORT
City Manager Kathleen Gunn provided a presentation, which is on file in the City Clerk's Office.
3. PUBLIC PARTICIPATION
City Attorney John Herin provided rules and procedures for providing public comment. Mayor
Gomez opened the floor to comments from the public.
1) Miguelaille Pierre, Lauderhill, of Moms Demand Action, asked the Commission to support the
organization's efforts against gun violence. She noted there would be an event June 2 and 3
where people are asked to wear orange in honor of those who have lost their lives. Mayor
Gomez voiced the City's ongoing support of the organization.
Vice Mayor Gellin asked counsel to explain the legal restrictions on elected officials
surrounding gun control. City Attorney Herin outlined the related State laws and statutes.
2) Dr. Kathleen Johnson, 4907 NW 48`h Avenue, Tamarac, Mainlands 4 HOA President, stated
she and many from her community object strongly to changes being considered to the City's
overnight parking regulations. She stated the streets in their community are narrow and a
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change would make it more difficult fore merge ncyvehicles to reach residents. She expressed
concern that a rule making it illegal to block emergency vehicles would not be enforced.
Continuing, she referenced a communication from a Commissioner which was derogatory
toward the Mayor and stated she found that reprehensible. She stated the Commission
should be working together, not against each other, and asserted behavior shows stronger
than words.
City Attorney Herin reminded the Commission and public of the rules surrounding personal
attacks on the dais.
3) Ilene Michaelson, 4809 Woodlands Boulevard, Tamarac, referenced item 6a and stated she
understands why the City wants to have uniform enforcement of parking, however the
problem is not with the Code, it is with enforcement. She provided examples from her
community and stated she did not believe the provision was as helpful as it could be.
Continuing, she referenced item 6b and stated she was delighted to see the overlay district
was being extended for a year to allow time to look at the circumstances but was shocked
that it was being done to accommodate a development application. She suggested that
reference be removed, as it was not relevant to what the item was doing and asserted
portions of 6b were in conflict with the uniform restrictions in 6a.
4) Cynthia Baker, 4621 NW 45th Court, Tamarac, stated while she was concerned about the
emergency vehicles getting through, her larger concern was vehicles being broken into and
criminal activity happening around her neighborhood. She expressed concern regarding
vehicles the neighbors don't know being parked on the street and asked that the Commission
consider that Woodlands 4 only has two (2) lanes. Continuing, she stated she wanted to speak
with someone regarding the light at Mainlands Drive. Mayor Gomez directed Ms. Baker to the
correct employee and noted the light is being addressed by the City, Broward Sheriff's Office
(BSO), and the Metropolitan Planning Organization (MPO).
Additional public comment was received via email and is on file in the City Clerk's Office
4. CONSENT AGENDA
Moved by Mayor Gomez; seconded by Commissioner Villalobos to Approve.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton, Commissioner Placko, and
Commissioner Villalobos. Voting Against: None
4.a. April 27, 2022 — City Commission Minutes
4.b. TR133672 - A Resolution of the City Commission of the City of Tamarac, Florida approving
a tri-party revocable license agreement between Broward County, Ch Realty IX-
Taylor/Theus I Miami Tamarac L.P, and the City of Tamarac, attached hereto as Exhibit
' 1", to allow for the access, use, installation and maintenance of landscaping within a
portion of the right-of-way dedication of Rock Island Road and approving an agreement
between the City of Tamarac and Ch Realty IX-Taylor/Theus I Miami Tamarac L.P. Allowing
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May 25, 2022 — Regular Commission Meeting Page 3
the transfer of the maintenance obligation to Ch Realty IX-Taylor/Theus I Miami Tamarac
L.P. Or its third -party landscape maintenance provider, attached hereto as Exhibit "2";
authorizing the appropriate city officials to execute the tri-party revocable license
agreement, attached hereto as Exhibit "1", and agreement to maintain landscaping,
attached hereto as Exhibit "2", and incorporated herein; providing for conflicts; providing
for severability; and providing for an effective date.
4.c. TR13774 - A Resolution of the City Commission of the City of Tamarac, Florida, approving
and authorizing the appropriate City Officials to execute a Site Lease Agreement with Dish
Wireless, LLC for the installation of cellular antenna and associated ground equipment on
the existing cellular tower site at the City's Tamarac Sports Complex property at a monthly
rate of $4,000; authorizing the appropriate City Officials to execute any permit
applications as may be required on behalf of the City as owner of the property; providing
for conflicts; providing for severability; and providing for an effective date.
4.d. TR13752 - A Resolution of the City Commission of the City of Tamarac, Florida, adopting
the City of Tamarac Americans with Disabilities Act (ADA) Transit Access & Sidewalk Gap
Analysis Plan attached as Exhibit "A"; authorizing and directing the City Manager, or
designee, to take any and all action necessary to implement the plan and effectuate the
intent of this resolution; providing for conflicts; providing for severability; and providing
for an effective date.
4.e. TR13792 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing
the appropriate City Officials to approve and to execute a Mutual Aid Agreement
Amendment between the City of Tamarac and the Sheriff of Broward County (BSO)
allowing for the provision of cooperative emergency medical and fire protection services
for a five (5) year term with one (1) five (5) year renewal option upon written consent of
both parties; providing for conflicts; providing for severability; and providing for an
effective date.
4.f. TR13784 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding
Bid No. 22-02B to and approving an Agreement with Homestead, Concrete & Drainage,
Inc. for the construction of the NW 70th Ave Traffic Calming Project (Broward County
Surtax Funded Mobility Advancement Project TAMA-003.1), in accordance with Bid No.
22-02B for a contract amount of $484,872.00; a contingency in the amount of $48,487.20
will be added to the project account for a total project budget of $533,359.20; authorizing
an appropriation for the receipt and expenditure for the surtax funds to be included in a
future budget amendment pursuant to F.S. 166.241(2); authorizing an expenditure from
the appropriate accounts; providing for conflicts; providing for severability; and providing
for an effective date.
S. REGULAR AGENDA
5.a. TR13787 - A Resolution Of The City Commission Of The City Of Tamarac, Florida,
Authorizing the Purchase Of two (2) Replacement Paratransit Vans through Florida
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Transportation Systems, Inc. (FTS) Utilizing Florida Department Of Transportation (FDOT)
Transit Research Inspection Procurement Services (Trips) Contract Number Trips-19-Mv-
Fts; authorizing an expenditure in an amount not to exceed $132,006.00.00 from the
appropriate accounts for the vehicles and equipment; 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; seconded by Commissioner Placko to approve the
Resolution.
Mayor Gomez opened the item to public comment, however seeing none, closed the item
to public comment.
Vice Mayor Gelin asked about the disposition of the items being replaced. Director of
Parks and Recreation Greg Warner explained the vehicles would go to auction.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton, Commissioner Placko,
and Commissioner Villalobos. Voting Against: None
6. ORDINANCE(S) — FIRST READING
6.a. TO2499 - An ordinance of the City Commission of the City of Tamarac, Florida amending
Chapter 14, "Motor Vehicles and Traffic", Article II, "Stopping, Standing and Parking",
Section 14-26, "Parking Restrictions —Public Rights -Of -Way", by repealing Subsections 14-
26(a) and (b) of the City of Tamarac Code of Ordinances, to provide for consistent and
general parking restrictions, applicable citywide; providing for conflicts; providing for
severability; providing for codification; and providing for an effective date.
City Attorney John Herin read the title for the record.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the Ordinance
on first reading.
Discussion ensued regarding subjective language, safety issues, a potential directive to
BSO for enforcement, and consistency in enforcement. BSO Captain Jeff Cirminiello, Fire
Chief Michael Annese, and Dr. Kathleen Johnson responded to questions regarding access
for emergency vehicles.
Motion Failed: 2-3.
Voting For: Vice Mayor Gelin and Commissioner Bolton. Voting Against: Mayor Gomez,
Commissioner Placko, and Commissioner Villalobos.
City Attorney Herin explained the next steps and asked for direction to staff for revisions.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to amend the language
of the Ordinance to change the hours of prohibition against street parking from 11 p.m.to
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May 25, 2022 — Regular Commission Meeting
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6 a.m., hiring a part-time Code Enforcement Officer or enable BSO to enforce and to
incorporate a restriction against blocking bicycle lanes and driveways.
Discussion continued regarding enforcement, availabilityof parking, priorities, and adding
a Code Enforcement Officer focused on parking to the agenda during budget discussions.
Community Development Director Maxine Calloway explained enforcement and ticketing
procedure was provided for within the Code. BSO Captain Jeff Cirminiello provided
additional detail.
Motion Approved: 3-2.
Voting For: Mayor Gomez, Commissioner Placko, and Commissioner Villalobos. Voting
Against: Vice Mayor Gelin and Commissioner Bolton.
6.b. T02498 - An ordinance of the City Commission of the City of Tamarac, Florida extending
the Woodlands Overlay District termination date, to July 12, 2023 by amending Chapter 10
of the City of Tamarac Code of Ordinances, entitled "Land Development Code" by
amending Article 2, entitled "Zoning Districts" by specifically amending Section 10-2.7(C),
entitled "Woodlands Overlay District", to sunset and terminate the Woodlands Overlay
District five (5) years after the effective date of the City of Tamarac's Land Development
Code, and to provide for parking regulations specific to rights -of -way along Woodlands
Boulevard; 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 Placko; seconded by Commissioner Villalobos to approve the
Ordinance on first reading with removal of the language "and to provide for parking
regulations specific to rights -of -way along Woodlands Boulevard" and amending the
termination date to July 12, 2029.
Motion Passed as Amended: 3-2.
Voting For: Mayor Gomez, Commissioner Placko, and Commissioner Villalobos. Voting
Against: Vice Mayor Gelin, Commissioner Bolton.
Mayor Gomez called for a recess at 10:46 a.m.
Mayor Gomez called the meeting to order at 11:00 a.m.
6.c. T02501 - An ordinance of the City Commission of the City of Tamarac, Florida, authorizing
the dissolution of the Tamarac Village Community Development district pursuant to the
petition filed by the district, attached hereto as Exhibit "A"; in accordance with Florida
Statutes 190.046(10); providing for severability; providing for conflicts; further, providing
an effective date.
City Attorney John Herin read the title for the record.
Moved by Commissioner Bolton; seconded by Commissioner Placko to approve the
Ordinance on first reading.
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Attorney Ginger Wald, Billing, Cochran, Lyles, Mauro & Ramsey, representing the
Community Development District (CDD), provided a review of the request.
Commissioner Villalobos asked counsel to comment on the process and precedence of
request. City Attorney Herin and Attorney Wald provided additional information.
Discussion ensued regarding the City's fiscal responsibility for the CDD, timeline for the
Tamarac Village project, and the purpose of the CDD.
Motion: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton, Commissioner Placko,
and Commissioner Villalobos. Voting Against: None
7. PUBLIC HEARING(S)
8. ORDINANCE(S) — SECOND READING
9. QUASI-JUDICIAL HEARING(S)
10. OTHER
10.a. Discussion and Action to Condemn www.TamaracPost.com
Requested by Commissioner Elvin Villalobos
Commission Villalobos stated he was revising his item due to new information obtained.
He asked for clarification from counsel as to the legality of deleting or changing comments
on social media. City Attorney Herin stated it was not appropriate to delete comments or
block users. He referenced existing case law and an opinion written by his predecessor.
ADJOURNMENT
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 11:20 a.m.
Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, Acting City
Clerk.
Kimberly ion, CMC
W
Michelle J. Gomez, Mayor