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HomeMy WebLinkAbout2022-10-12 - City Commission Special Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, OCTOBER 12, 2022 7:00 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, October 12, 2022, City Commission meeting, being held in Commission Chambers, to order at 7:00 p.m. ROLL CALL 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, Interim Assistant City Manager Levent Sucuoglu, City Attorney John Herin, and City Clerk Kimberly Dillon. PLEDGE OF ALLEGIANCE Daniel Ortiz led the Pledge of Allegiance and moment of silence. Mayor Gomez took a moment to share her personal story in recognition of Breast Cancer Awareness Month. 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 October 17 at 9:30 a.m. 2. CITY MANAGER REPORT 2.a. National Cyber Security Awareness Month Proclamation 2.b. Customer Service Week Proclamation 2.c. Investment Report — July 2022 2.d. Fire Prevention Week Proclamation 2.e. Florida City Government Week Proclamation 21. Presentation of the Certificate of Completion for the 2022 Institute for Elected Officials II to Commissioner Villalobos City Manager Gunn provided a presentation of her report, which is on file in the City Clerk's Office. Minutes October 12, 2022 — Regular Commission Meeting 3. PUBLIC PARTICIPATION Page 2 City Attorney Herin provided rules and procedures for providing public comment. Mayor Gomez opened the floor to comments from the public. 1) Carol Mendelson, Woodmont, Tamarac, spoke regarding the election and the Commission members not upholding the City's mission and purpose posted on the wall of the chambers or being willing to compromise. She discussed conduct of speakers and stated policies and procedures needed to be in place to remove individuals who present themselves in a threatening manner. 2) Sallie James, 8231 NW 16t` Ave, Tamarac, discussed the need for an additional fire truck for the station at 72nd Avenue and addressed potential shortcomings of closest unit response. 3) Mel Yoder, Kings Point, Tamarac, discussed behavior of the Commissioners and the hostile environment created for employees and staff. City Attorney Herin reiterated the rules applicable to comments made personally toward an individual. Mr. Yoder referenced comments during the budget hearing and stated two (2) Commissioners should be brought up on ethics charges. He discussed a lack of willingness to negotiate. Moved by Vice Mayor Gelin; seconded by Mayor Bolton to have the speaker removed from the dais. Mayor Gomez expressed concern regarding potential restriction of freedom of speech. City Attorney Herin responded, explaining the allowances for restriction on personal attacks. Motion Failed: 3-2. Voting For: Vice Mayor Gelin and Commissioner Bolton. Voting Against: Mayor Gomez, Commissioner Placko, and Commissioner Villalobos. 4) Ilene Michelson, 4809 Woodland Blvd., Tamarac, distributed her comments to the Commissioners in writing. Mayor Gomez asked for legal counsel on how the Commission should regard the speaker's evidence related to an item on the agenda for first reading. City Attorney Herin stated it was to be addressed as a handout, not evidence. Ms. Michelson discussed the visibility of numerical signs on homes and asked that more options be provided for within the Code. She stated the important matter was for first responders to be able to locate the address. She offered amendments to item 6a and another section of the City Code. Minutes October 12, 2022 — Regular Commission Meeting Page 3 5) William Gofernet, 5106 Mayberry Lane, Tamarac, called for the release of records that show unsafe levels of arsenic at Manor Park. 6) Dr. Darcy Schiller, Kings Point, Tamarac, stated she had written an article about the Commission's last budget hearing. She discussed potential violations of the Sunshine Law and asked that they be reported. Continuing, she discussed the role and opinion of the parliamentarian. 7) Ed Rudosh, 7449 North Devon Drive, Tamarac, suggested a light on the sign identifying the City Complex. He asked why not all of the Commissioners had joined in recognizing the proclamations at the beginning of the meeting. 8) Mario Gerrero, Tamarac, asked the City to consider of expansion of opportunities for e-recycling in the community. 4. CONSENT AGENDA Moved by Commissioner Villalobos; seconded by Commissioner Placko to approve the Consent Agenda. Vice Mayor Gelin asked for clarification that items 4c, 4h, and 4i were piggyback contracts. City Manager Gunn confirmed, and stated they were competitively bid. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton, Commissioner Placko, and Commissioner Villalobos. Voting Against: None 4.a. Approval of the August 22, 2022, Workshop Minutes 4.b. Approval of the August 24, 2022, Commission Meeting Minutes 4.c. TR13846 - A Resolution of the City Commission of the City of Tamarac Florida, ratifying expenditures to date for FY22 and authorizing approval of annual fiscal year expenditures of up to $87,227.60 for FY22 for purchases for turnout gear and safety equipment from Bennett Fire Products Co. Inc. Utilizing the competitively Bid Municipal Agreement form Lake County Florida, Contract #17-0606B effective upon passage of this Resolution through September 30, 2022; providing for conflicts, providing for severability, and providing for an effective date. 4.d. TR13848 - A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to apply for Complete Streets and Other Localized Initiative Program (CSLIP) grant awards via two applications through the Broward County Metropolitan Planning Organization (MPO) and the Florida Department of Transportation (FDOT) in an amount of approximately $2,000,000 for the Tamarac Sports Complex Multipurpose Path & Bicycle Lane Connectivity project and in an amount of approximately $1,000,000 for the Woodlands Roundabout & ADA Sidewalk Gap Connectivity Project; Minutes October 12, 2022 — Regular Commission Meeting Page 4 providing for acceptance of one or both of the awards and execution of documents upon legal review and approval; providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR13839 - A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to approve a refund in the amount of fourteen thousand one -hundred thirty-one dollars and forty-one cents ($14,131.41) which was paid two commercial alteration permits number 21-3754 and 21-3758; providing for severability; and providing for an effective date. 4.f. TR13845 - A Resolution of the City Commission of the City of Tamarac, Florida approving a Memorandum of Understanding between the City of Tamarac and the Tamarac Parks and Recreation Foundation and authorizing the appropriate City officials to execute the Memorandum of Understanding; providing for conflicts; providing for severability; and providing for an effective date. 4.g. TR13852 - A Resolution of the City Commission of the City of Tamarac, Florida, approving the award of Request for Proposal Number 22-12R, and execution of an agreement between the City of Tamarac and the Corradino Group, Inc, a Florida corporation, attached hereto as Exhibit 114" and incorporated herein; for planning services to complete the drafting of the 2040 City of Tamarac Comprehensive Plan Update, for a contract term effective upon contract award through December 12, 2023, in an estimated amount of one hundred ninety-nine thousand, nine hundred eighty ($199,980.00) dollars; providing for conflicts; providing for severability; and providing an effective date. 4.h. TR13851 - A Resolution of the City Commission of the City of Tamarac, Florida, to approve and authorize expenditures from the appropriate accounts not to exceed the budgeted amount of $246,000.00, or as may be amended by city commission for said purpose; in aggregate with Allied Universal Corporation, to provide sodium hypochlorite solution for water treatment purposes; utilizing Contract Pricing per the Agreement between Charlotte County Bid No. 2022000564 and Allied Universal Corporation; authorize the appropriate City Officials to extend and renew the Agreement; providing for conflicts; providing for severability; and providing for an effective date. 41 TR13829 - A Resolution of the City Commission of the City of Tamarac, Florida, to authorize and approve an Agreement with USIC Locating Services, LLC to perform Underground Utilities Locating Services under the direction of the Public Services Department; utilizing Contract Pricing per the Agreement between Orlando Utilities Commission Contract #RFP 21 5038 OQ and USIC Holdings, Inc. d/b/a USIC Locating Services, LLC; authorize expenditures from the appropriate accounts not to exceed the budgeted amount of $79,000.00, or as may be amended by City Commission for said purpose; authorize the appropriate City Minutes October 12, 2022 — Regular Commission Meeting Page 5 Officials to extend and renew the agreement; providing for conflicts; providing for severability; and providing for an effective date. 4.j. Approval of the September 12, 2022 Budget First Public Hearing Minutes 4.k. Approval of the September 14, 2022 Regular Commission Meeting Minutes 4.1. Approval of the September 22, 2022 Budget Final Public Hearing Minutes 5. REGULAR AGENDA 5.a. TR13809 - A Resolution of the City Commission of the City of Tamarac, Florida, Awarding Bid No. 22-IOB to and approving an Agreement with MBR Construction, Inc. For the construction of Citywide Buffer Wall Project Phase VI, in accordance with Bid No. 22-10B for a contract amount of $1,499,483.46; a contingency in an amount of $149,948.35 will be added to the project account for a total project budget of $1,649,431.81; authorizing an expenditure 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 Bolton; seconded by Commissioner Villalobos to approve the resolution as presented. Mayor Gomez opened the public hearing, however seeing none, closed the public hearing. Acting Assistant Director of Public Services Director Troy Gies provided a presentation, which is on file in the City Clerk's Office. Commissioner Bolton asked for clarification of the timeline, notice to residents of the project, potential impact on bicycle lanes, and County approvals. Acting Assistant Director of Public Services Director Gies responded. Motion Approved: 4-1. Voting For: Mayor Gomez, Vice Mayor Gelin, Commissioner Bolton, and Commissioner Placko. Voting Against: Commissioner Villalobos. 5.b. TR13855 - A Resolution of the City Commission of the City of Tamarac, Florida accepting a Florida Recreation Development Assistance Program (FRDAP) grant award from the Florida Department of Environmental Protection (FDEP) for the Dog Park Renovation Project in the amount of $50,000; authorizing the appropriate City Officials to execute a grant agreement and necessary documents pending legal review between FDEP and the City of Tamarac for grant funding in the amount of $50,000; providing conflicts; providing for severability; and providing for an effective day. Minutes October 12, 2022 — Regular Commission Meeting City Attorney Herin read the title for the record. Page 6 Moved by Commissioner Placko; seconded by Commissioner Bolton to approve the resolution as presented. Mayor Gomez opened the public hearing, however seeing none, closed the public hearing. 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. T02515 - 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" by amending Article 2, entitled "Zoning Districts" by specifically amending Section 10-2.7(C), entitled "Woodlands Overlay District", to provide additional locations for the required installation of house number identification signs on all residential property within the Woodlands Overlay District; 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 Villalobos to approve the Ordinance on first reading. Vice Mayor Gelin asked that staff respond to the comments provided by a resident earlier in the meeting and clarity of signage in other parts of the community. Community Development Director Maxine Calloway responded briefly regarding the uniqueness of the Woodlands Overlay District. Vice Mayor Gelin discussed the extensive experience of resident Ilene Michelson and stated her input should be recognized. Discussion continued regarding the feedback. City Manager Gunn explained the staff recommendation was that the amendment be applied to the Woodlands Overlay District only was due to the limited scope of resident complaints. Commissioner Bolton suggested a motion to table and incorporate the comments. Commissioner Placko stated the Woodlands Overlay District is set up differently from other neighborhoods, and asserted from a safety standpoint, she would rather err on the side of caution and make sure they have adequate numbers on the houses. Minutes October 12, 2022 — Regular Commission Meeting Page 7 Mayor Gomez inquires regarding the sunset of the Woodlands Overlay District. Community Development Director Calloway stated it would sunset in 2025. Mayor Gomez asked if there had been any services not rendered in the Woodlands Overlay District due to the Fire placement of their address signs. Fire Chief Michael Annese responded there were not any that he knows of. Broward Sheriff's Office Lt. Cooper agreed. Mayor Gomez asked whether the Ordinance would be considered spot zoning. Community Development Director Calloway stated there was not a zoning designation, but an overlay district, which was designed to have additional regulations over and above the zoning district. Mayor Gomez asserted the issue had stemmed from neighbors not getting along and that passing the ordinance would come at a cost to residents. Commissioner Placko suggested additional language which would provide flexibility for those who need it regarding placement. Discussion continued. Motion Failed: 2-3. Voting For: Vice Mayor Gelin and Commissioner Bolton. Voting Against: Mayor Gomez, Commissioner Placko, and Commissioner Villalobos. 7. PUBLIC HEARING(S) 8. ORDINANCE(S) — SECOND READING 8.a. T02514 - 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" by amending Article 6 entitled "Rules of Construction and Definitions," by specifically amending Section 10-6.2, entitled "Use Categories and Use Types Defined," and Section 10-6.3, entitled "Other Terms Defined," to provide definitions for certain "Adult Entertainment Uses" identified in the City's Land Development Code; providing for conflicts; providing for severability; providing for an effective date. City Attorney Herin read the title for the record. Moved by Commissioner Villalobos; seconded by Commissioner Placko to adopt the Ordinance on second reading. Mayor Gomez opened the public hearing, however seeing none, closed the public hearing. Motion Approved: 3-2. Voting For: Mayor Gomez, Vice Mayor Gelin, and Commissioner Placko. Voting Against: Commissioner Bolton and Commissioner Villalobos. Minutes October 12, 2022 — Regular Commission Meeting 9. QUASI-JUDICIAL HEARING(S) Page 8 9.a. TB059 — The Director of Community Development recommends that the Mayor and City Commission approve the two (2) proposed variance requests from the requirements City Attorney Herin read the title for the record. Moved by Commissioner Placko; seconded by Commissioner Villalobos to hear the item. 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 Herin asked for any ex-parte disclosures and there were none to disclose. Ashley C. Bennett, on behalf of Greenberg Traurig, designated agent, provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez opened the public hearing, however seeing none, closed the public hearing. Commissioner Villalobos asserted the property was being utilized as though it has already been approved. City Manager Gunn stated she had just learned of the issues, but staff had met with them today regarding resident concerns. Vice Mayor Gelin asserted that Amazon had adapted to the needs of the consumer due to COVID-19 and was now asking the Commission to adopt it. Commissioner Placko asked about scheduling to prevent backup at the facility. Attorney Bennett responded. Mayor Gomez shared that there had been complaints related to noise and traffic. She asked that staff discuss their outreach. Economic Development Manager Lori Funderwhite provide an update on the conversation with Amazon. She stated they were quick to respond and are addressing the issues. Mayor Gomez asked questions regarding rules and regulations at the site, the landscape buffer, and claims of reduction in truck traffic. Ms. Bennett explained the context was in the number of trucks leaving the distribution site. She stated Amazon would continue to be a good neighbor. Moved by Commissioner Placko; seconded by Commissioner Villalobos to approve the Board Order with the condition as recommended by staff. Motion Approved: 5-0. 10. OTHER Minutes October 12, 2022 — Regular Commission Meeting Page 9 10.a. Update on Changes to Tamarac Village Splash Pad Public Art Project Community Development Director Calloway provided a presentation, which is on file in the City Clerk's Office. Commissioner Placko stated it was disappointing that they had lost the uniqueness of the piece. She asked whether the contractor would bear the costs. Community Development Director Calloway confirmed. Mayor Gomez asked that other art projects be covered. Consensus was to approve the changes. 10.b. Discussion and Possible Motion to Cancel the November 23, 2022, and December 28, 2022, City Commission Meetings City Clerk Kimberly Dillon presented the item. Consensus was to cancel the November 23, 2022, and December 28, 2022, meetings and associated workshops. 10.c. Discussion on Hurricane Ian Relief Efforts Interim Assistant City Manager Levent Sucuoglu provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez thanked those in the community who were contributing to the need and commented on opportunities to participate on an individual and community level. City Attorney Herin shared his experience as City Attorney for Fort Meyers Beach and the things the community in need of assistance with. He stated they would be holding their first Commission meeting since the storm next week. ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 9:05 p.m. Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. kv#1 Kimberly Dillon, CMC Michelle J. Gomez, Mayor Minutes October 12, 2022 — Regular Commission Meeting Page 10 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, October 12, 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. Kimberly Dillon From: MC E-Mazing <swordsatoshi@gmail.com> Sent: Wednesday, October 12, 2022 7:00 PM To: City Clerk Subject: [EXTERNAL] Public Comment You don't often get email from swordsatoshi@gmail.com. Learn why this is important This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. My name is Evan Mays and I live in Dallas, TX. I don't live in Tamarac but I watch your show all the time. Its HILARIOUS! Watching Mayor Gomez's face whenever Commissioner Bolton or Vice Mayor Gelin do something ridiculous is priceless! Anyway, thanks for reading and keep up the good work! An amendment to the Woodlands Zoning Overlay district City Code Sec. Sec. 24-804(10). Minimum standards for maintenance of premises exceptions (10)(f) Exceptions: House number identification signs which shall be attached to the residence or affixed to the mailbox for the residence, or installed at the end of driveways, be no larger than twelve (12) inches by fifteen (15) inches and include no more than the homeowner's name and/or address. Every house number identification sign shall be visible from the road or roads on which the house is situated. An amendment to Sec 10.4.10(D)(1) of the City's code (1) Signs Permitted in All Zoning Districts Generally. The signs below are allowed generally in all zoning districts, subject to the listed standards. (c)One A house number identification sign per each driveway entrance to a residence or business, ems -attached to a front wall or door, affixed to the mailbox for the residence, or installed at the end of a driveway and not to exceed three square feet in total area. No such signs shall be affixed to or hungfrom rom trees, utility poles, traffic signs or other public infrastructure. An amendment to the Woodlands Zoning Overlay district City Code Sec. Sec. 24-804(10). Minimum standards for maintenance of premises exceptions (10)(f) Exceptions: House number identification signs which shall be attached to the residence or affixed to the mailbox for the residence, or installed at the end of driveways, be no larger than twelve (12) inches by fifteen (15) inches and include no more than the homeowner's name and/or address. Every house number identification sign_shall be visible from the road or roads on which the house is situated. An amendment to Sec 10.4.10(D)(1) of the City's code (1) Signs Permitted in All Zoning Districts Generally. The signs below are allowed generally in all zoning districts, subject to the listed standards. (c)Of+e A house number identification sign per each driveway entrance to a residence or business, ems -attached to a front wall or door, affixed to the mailbox for the residence, or installed at the end of a driveway and not to exceed three square feet in total area. No such signs shall be affixed to or hung f, rom trees, utility poles, traffic signs or other public infrastructure.