HomeMy WebLinkAbout2022-08-24 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, AUGUST 24, 2022
9:30 AM
COMMISSION CHAMBERS
CALL TO ORDER
Mayor Michelle J. Gomez called the Wednesday, August 24, 2022, City Commission meeting,
being held in Commission Chambers, to order at 10:32 a.m.
ROLL CALL
Present were Mayor Michelle J. Gomez, Vice Mayor Mike Gelin, Commissioner Marlon B.
Bolton, Commissioner Debra Placko, and Commissioner Elvin Villalobos.
Commissioner Elvin Villalobos was in attendance via Microsoft Teams.
Also present were City Manager Kathleen Gunn, Interim Assistant City Manager Levent
Sucuoglu, City Attorney John Herin, and City Clerk Kimberly Dillon.
PLEDGE OF ALLEGIANCE
Commissioner Villalobos led the Pledge of Allegiance and moment of silence.
1. CITY ATTORNEY REPORT
City Attorney John Herin requested the Commission schedule an Executive Session to
discuss the City of Tamarac vs 13th Floor Woodlands HB GP, LLC litigation on August 29
at 9:00 a.m.
2. CITY MANAGER REPORT
2.a. Presentation on the City's Property Values — Presented by Broward County
Property Appraiser Marty Kiar
Broward County Property Appraiser Marry Kiar gave a presentation regarding the
responsibilities and programs of his office, including tax saving exemptions, and fraud
prevention. He reported on taxable values, stating that taxable values are significantly up
throughout Broward County and Tamarac has seen an 18.23 percent increase over 2021,
putting the taxable value at $8.8 billion. He explained as a result, if the City adopts a flat
Millage Rate for Fiscal Year 2023, the City budget will see an increase of $4.4 million. He
reviewed the breakdown of property, market values, and exemptions in the community.
2.b. Legislative Update — Presented State Representative Anika Omphroy
City Manager Kathleen Gunn explained Representative Omphroy would be presenting at
the September 14 meeting.
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August 24, 2022 — Regular Commission Meeting Page 2
2.c. Investment Report — May 2022
2.d. Investment Report — June 2022
2.e. Employee Service Awards
5 Years of Service: Martha Bartman, Eric Long, Marilyn Nyack, Osama Abuadieh, Debora
Garcia, Cassy Gustave, Christian Acosta, Francois Avril, Larry Fernandez, Xavier
Figueroa, Katherine Gibson, Daniel Jenicek, Jin Kim, Max Lashin, Kristian Matlock,
Joshua Patrick, Steven Tramonte, Christopher Bird
10 Years of Service: Monica Barros, Anjanette Rodriguez, Tommy Demopoulos, Evurtius
Bobb, Cary Bauer
20 Years of Service: Melissa Petron, Manuel Ajuria, Stephen McLaughlin, Michael Lynch
30 Years of Service: Rodney Sims
City Manager Kathleen Gunn provided a presentation of her report, which is on file in the
City Clerk's Office.
3. PUBLIC PARTICIPATION
City Attorney Herin provided rules and procedures for providing public comment. Mayor
Gomez opened the floor to comments from the public.
1) Ilene Lieberman Michelson, 4809 Woodlands Blvd, Tamarac, asked that the
Commission consider adjustments to the Woodlands Overlay District and to the City
Code regarding sign code. She asserted if the rule were enforced throughout the City,
it would impair emergency responders and others.
Commissioner Elvin Villalobos joined the meeting in person at 11: 00 a.m.
2) Stewart Webster, Versailles Gardens, Tamarac, spoke regarding the tone set by
disrespect between Commissioners. He stated residents should have been prioritized
over the Executive Session which had led to the meeting starting late. He commented
on treatment of bus riders in the community.
3) Juan Flores, Tamarac, spoke on behalf of the Honduran community in support of item
10a, urging President Joe Biden to extend Temporary Protected Status (TPS)
designation to Honduras.
Additional public comment was received via email and is on file in the City Clerk's Office.
4. CONSENT AGENDA
City Manager Gunn stated staff was pulling items 5d and 8a from the agenda.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the Consent
Agenda items 4a through 4g.
Motion Approved: 5-0.
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August 24, 2022 — Regular Commission Meeting
Page 3
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton, Commissioner
Placko, and Commissioner Villalobos. Voting Against: None
4.a. June 8, 2022 — Meeting Minutes
4.b. June 14, 2022 — Special Commission Meeting Minutes
4.e. June 16, 2022 — Executive Session Minutes
4.d. May 25, 2022 — Budget Workshop Minutes
4.e. TR13826 - A Resolution of the City Commission of the City of Tamarac, Florida,
ratifying past purchases from vCloud Tech, Inc.; awarding IQ-2022-0169 to
vCloud Tech, Inc., and approving the purchase of a PrinterLogic Software
Subscription Renewal from vCloud Tech, Inc. at a total cost of $10,330.00;
authorizing expenditures from the appropriate accounts; providing for conflicts;
providing for severability; and providing for an effective date.
4.f. TR13831 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving a first amendment to contract for sale and purchase, attached hereto
as Exhibit "1", by and between the City of Tamarac, a municipal corporation and
Medalist Restaurant Group II, LLC, DB/A Culver's of Tamarac, authorizing an
extension of the approvals period, nunc pro tunc to January 16, 2023; providing
for conflicts; providing for severability; and providing for an effective date.
4.g. TR13836 - A Resolution of the City Commission of the city of Tamarac, Florida,
amending resolution r-2022-033, by adding the Rapha Center of Miami, Inc. to
the list of charitable entities with whom the city of Tamarac recognizes a formally
approved relationship; for the express purpose of compliance with section 1-
19(c)(5)(a)(4) of the Broward county code of ordinances; providing for conflicts;
providing for severability; and providing for an effective date.
5. REGULAR AGENDA
5.a. TR13818 - A Resolution of the City Commission of the City of Tamarac, Florida
authorizing the appropriate City officials to execute Agreement Amendment #1
with Calvin Giordano and Associates, Inc., to amend the annual not to exceed
amount in section 1 from thirty thousand dollars and zero cents ($30,000)
annually to not to exceed ninety thousand dollars and zero cents ($90,000)
annually; providing for severability; and providing for an effective date.
City Attorney 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.
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August 24, 2022 — Regular Commission Meeting
Page 4
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton,
Commissioner Placko, and Commissioner Villalobos.
5.b. TR13825 - A Resolution of the City Commission of the City of Tamarac, Florida,
establishing the adjustment factor to be applied to the annual water and sewer
rate schedule for the Fiscal Year beginning October 1, 2022; providing for
conflicts; providing for severability; and providing for an effective date. City
Attorney Herin read the title for the record.
City Attorney Herin read the title for the record.
Moved by Vice Mayor Gelin; seconded by Commissioner Villalobos to approve
the Resolution.
Mayor Gomez opened the item to public comment, however seeing none, closed
the item to public comment.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton,
Commissioner Placko, and Commissioner Villalobos.
5.c. TR13828 - A Resolution of the City Commission of the City of Tamarac, Florida
accepting a Land and Water Conservation Fund (LWCF) grant award from the
Florida Department of Environmental Protection (FDEP) for the Sabal Palm
Park Project in the amount of $1,000,000; authorizing the appropriate City
Officials to execute a grant agreement and necessary documents pending legal
review NUNC PRO TUNC between FDEP and the City of Tamarac for LWCF
grant funding in the amount of $1,000,000; providing for conflicts; providing for
severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Moved by Commissioner Bolton; 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.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton,
Commissioner Placko, and Commissioner Villalobos.
5.d. TR13835 — A Resolution of the City Commission of the City of Tamarac, Florida
authorizing the issuance of not to exceed $6,000,000 in aggregate principal amount
City of Tamarac, Florida Taxable Capital Improvement Revenue Bonds, Series
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August 24, 2022 — Regular Commission Meeting
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2022 for the purpose reimbursing the cost of acquiring, designing, constructing,
reconstructing and equipping capital improvements of the City, including without
limitation capital improvements to a city -owned golf clubhouse and cart barn;
covenanting to budget and appropriate legally available Non -Ad Valorem
Revenues to provide for the payment thereof; making certain covenants and
agreements for the benefit of the Holders of Such Bonds; authorizing certain
Officials and employees of the City to take all actions required in connection with
the sale, issuance and delivery of such Bonds; taking certain other actions with
respect to such Bonds; authorizing and approving the negotiated sale of such
Bonds to the Underwriter named herein subject to the terms and conditions
contained herein; approving the form and authorizing the distribution of a
Preliminary Official Statement and execution and delivery of s Final Official
Statement; authorizing certain Officials to deem final the Preliminary Official
Statement for purposes of Securities and Exchange Commission Rule 15C2-12;
approving the form and authorizing the execution and delivery of a Bond
Purchase Agreement; appointing the Paying Agent and Registrar; approving the
form and authorizing the execution and delivery of a Disclosure Dissemination
Agent Agreement; providing certain other matters relating to the Series 2022
Bonds; providing for conflicts; providing for severability; and providing for an
effective date.
Item pulled from the agenda.
5.e. TR13833 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving and authorizing the purchase of replacement landscaping and golf
course maintenance equipment for the Colony West Golf Club from John Deere
& Company utilizing State of Florida agreement #25101900-21-stc for agriculture
and lawn equipment through its authorized dealer, Everglades Equipment Group,
and accepting an alternate proposal for refurbished equipment from its
authorized dealer, Everglades Equipment Group, for a total amount not to exceed
$143,000.00, authorizing an expenditure in the amount not to exceed $143,000.00
from the appropriate accounts; providing for conflicts; providing for severability;
and providing for an effective date.
City Attorney Herin read the title for the record.
Moved by Commissioner Villalobos; seconded by Commissioner Bolton to
approve the Resolution.
Mayor Gomez opened the item to public comment, however seeing none, closed
the item to public comment.
Greg Warner, Director of Parks and Recreation, provided a presentation, which is
on file in the City Clerk's Office.
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August 24, 2022 — Regular Commission Meeting
Page 6
Commissioner Placko inquired regarding potential resale value of the 10-year-old
equipment. Director of Parks and Recreation Garner stated there was little to no
value, but he would speak with Purchasing about potentially selling for parts or
donating the equipment.
Commissioner Villalobos asked for clarification on the budget for the replacement
equipment. Director of Parks and Recreation Garner explained.
Motion Approved: 4-1.
Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Placko, and
Commissioner Villalobos. Voting Against: Vice Mayor Gelin.
6. ORDINANCE(S) — FIRST READING
6.a. T02507 - An Ordinance of the City Commission of the City of Tamarac, Florida
amending Chapter 10, Article 3, of the City of Tamarac Land Development Code,
entitled Use Regulations, amending Section 10-3.2, entitled Table of Allowed Uses,
lifting zoning in progress on medical marijuana dispensary facilities and
pharmacies by specifically amending Table 10-3.1, entitled Allowed Uses to permit
medical marijuana dispensaries and pharmacies in the MU-N (Mixed Use
Neighborhood) and NC (Neighborhood Commercial) zoning districts, subject to
special exception approval; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Moved by Commissioner Bolton; seconded by Commissioner Placko to approve
the Ordinance on first reading.
Vice Mayor Gelin asked the goal of the Ordinance. Maxine Calloway, Director of
Community Development, stated the City was changing the application type to
allow for Commission review of facilities. She explained State law requires
dispensaries and pharmacies be treated equally.
Commissioner Bolton asked questions regarding pharmacies and dispensaries
existing in the City, benchmarks against other cities, and impact on pending
applications. Director of Community Development Calloway and City Attorney
Herin responded.
Mayor Gomez asked for clarification regarding the pending application which was
submitted following the decision to place a zoning in progress. Director of
Community Development Calloway explained the process to be followed.
Commissioner Villalobos asked whether the City would be placing a cap on the
number of dispensaries. Director of Community Development Calloway stated the
State Statute does not allow for limiting the number but does allow the City to put
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August 24, 2022 — Regular Commission Meeting
Page 7
in place a special exception process and designate specific areas where the
businesses are appropriate.
Motion Approved: 4-1.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Placko, and
Commissioner Villalobos. Voting Against: Commissioner Bolton.
7. PUBLIC HEARING(S)
8. ORDINANCE(S) — SECOND READING
8.a. T02500 - An Ordinance of the City Commission of the City of Tamarac, Florida,
amending Chapter Nine "Health, Sanitation and Nuisances", Article III "Noise",
Section 90-89 "Radios, Other Devices Casting Sounds Upon Public Places" and
Section 9-95 "Enforcement" to provide for easier enforcement of, and enhanced
penalties for violations of the City's noise regulations; providing for conflicts;
providing for scrivener's errors, severability; and providing for an effective date.
Item pulled from the agenda.
9. QUASI-JUDICIAL HEARING(S)
9.a. TBO56 — Board Order Approving/Denying Variance - Caporella Park, 5200
Prospect Road, Tamarac, Florida 33309. Abbas Zackria, designated agent for the
property owner, City of Tamarac (the Applicant) filed an application with the
City of Tamarac (City) Department of Community Development seeking
approval.
City Attorney Herin read the title for the record.
City Attorney Herin outlined the City's procedures regarding Quasi -Judicial
proceedings. He confirmed the public notice items were met for item 9a and swore
in those wishing to provide testimony.
City Attorney asked for any ex-parte disclosures. All members of the Commission
stated they had been to the park but had no other communication to disclose.
Abbas Zackria, designated agent, provided a presentation, which is on file in the
City Clerk's Office.
Moved by Commissioner Bolton; seconded by Commissioner Placko to approve
the Board Order.
Mayor Gomez opened the public hearing, however seeing none, closed the public
hearing.
Commissioner Villalobos asked the estimated time of completion for the project.
Mr. Zackria provided a brief timeline, explaining construction was slated for 10-12
months and would begin once permitting was completed.
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August 24, 2022 — Regular Commission Meeting
Page 8
Mayor Gomez confirmed that the adjacent property owners were notified and had
not contacted the City regarding the project. Mr. Zackria stated this was correct.
Mayor Gomez asked for clarification regarding access to the park, including fences
and gates. Mr. Zackria and Director of Parks and Recreation explained.
Discussion continued regarding the removal of the existing playground, as well as
its age and useful life.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton,
Commissioner Placko, and Commissioner Villalobos.
10. OTHER
10.a. Discussion of a Resolution urging the Biden Administration to extend
Temporary Protected Status ("TPS") designation for Honduras and to declare a
new initial TPS designation date for Honduras.
Requested by Vice Mayor Mike Gelin
Vice Mayor Gelin provided a summary of the item and the country's connection
with Honduras. He stated Temporary Protected Status (TPS) had been in place since
1999 and would end on December 31, 2022. He stated resident Juan Flores had
asked on behalf of a local Honduran organization that the Commission join other
local cities and counties in supporting an extension of that status.
Commissioner Villalobos asked legal counsel for advice regarding involvement in
national politics. City Attorney Herin explained the matter was within the discretion
of the Commission and noted precedent for statements of support.
Discussion ensued as to whether the matter was political or was an expression of
support for a humanitarian issue.
Mayor Gomez asserted the item was not within the purview of the Commission.
Consensus was to draft an official resolution and present it to Mr. Flores' local
organization and transmitted to the other 30 City Clerks in Broward County, as well
as the Broward County Commission.
Voting For: Vice Mayor Gelin, Commissioner Bolton, and Commissioner Placko.
Voting Against: Mayor Gomez and Commissioner Villalobos.
10.b. Amendment to Woodlands Zoning Overlay District
Requested by Vice Mayor Mike Gelin
Vice Mayor Gelin provided an overview of the item. He stated as he visits
communities campaigning, he finds that addresses are easier to read in some
neighborhoods than others. He referenced amended language provided in the
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August 24, 2022 — Regular Commission Meeting
Page 9
backup materials for the meeting and asked that changes be made for safety as well
as general purposes.
Commissioner Villalobos noted he was in support of parts of the item but did not
want to restrict people expressing their personality on their homes.
Mayor Gomez stated the proposal should be discussed with Woodlands
homeowners prior to making changes.
Commissioner Bolton stated he respected Vice Mayor Gelin's understanding of his
district and was in support.
Commissioner Placko asserted she understood the request to ask people to put their
addresses in a place which was visible and thought that was a positive for safety.
Mayor Gomez stated she supported not hanging signs from trees but did not support
an overall change when there had not been a call for it. She asserted the discussion
should be held in the Woodlands.
Commissioner Villalobos asked the consequences for not following the Code. City
Attorney Herin stated it could be a Code Enforcement issue. He noted there was a
City-wide requirement that every property have its address posted appropriately.
Consensus was to move forward with creation of a resolution.
Voting For: Vice Mayor Gelin, Commissioner Bolton, and Commissioner Placko.
Voting Against: Mayor Gomez and Commissioner Villalobos.
Vice Mayor Gelin asked the next steps. City Attorney Herin responded the next
steps would be creation of the resolution and placing it on a future agenda.
ADJOURNMENT
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 12:30 p.m.
Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City
Clerk.
Kimberly Dillon, CMC
Minutes
August 24, 2022 — Regular Commission Meeting Page 10
Michelle J. Gomez, dayor
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, August 24, 2022.
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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.
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