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.
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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;
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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
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October 12, 2022 — Regular Commission Meeting
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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
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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
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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.