HomeMy WebLinkAbout2022-12-14 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, DECEMBER 14, 2022
7:00 PM
COMMISSION CHAMBERS
CALL TO ORDER
Mayor Michelle J. Gomez called the Wednesday, December 14, 2022, City Commission meeting,
being held in Commission Chambers, to order at 7:00 p.m.
ROLL CALL
Present were Mayor Michelle J. Gomez, Commissioner Marlon D. Bolton, Commissioner Kicia
Daniel, Commissioner Morey Wright Jr., 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
Commissioner Bolton led the Pledge of Allegiance and moment of silence.
1. CITY ATTORNEY REPORT
City Attorney John Herin informed the Commission of a lawsuit filed by an individual who
owns a business in the community. He explained the suit sought damages related to an
agreement to conduct a promotional event, and stated counsel would be filing a notice of
appearance and preparing to defend the City on the matter.
2. CITY MANAGER REPORT
2.a. Presentation of certificates to the Tamarac University graduates.
2.b. Presentation of the Broward County study of the Premium Mobility Plan
(PREMO) presented by Barney McCoy, Assistant General Manager -Service and
Strategic Planning, Broward County Transit; Khalilah French, P.E., Program
Development Administrator, Broward County Transit; and Scott Pringle, WSP,
Director of Florida Transit and Rail Division.
2.c. Investment Report — September 2022
2.d. Investment Report — October 2022
City Manager Gunn provided a presentation of her report, which is on file in the City
Clerk's Office.
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December 14, 2022 — Regular Commission Meeting
3. PUBLIC PARTICIPATION
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City Attorney Herin provided rules and procedures for providing public comment. Mayor
Gomez opened the floor to comments from the public.
1) Carol Mendelson, 8021 NW 72nd Street, Tamarac, spoke in regard to Fire Station 36,
asserting there was no fire truck in the station despite having been built two (2) years
ago. She stated the lack of truck at the station was a safety issue, extending the response
time in the area. She discussed other ways City funds are spent and stated they were
not high -risk safety concerns.
2) Sallie Jamies, 8231 NW 68th Avenue, Tamarac, addressed concerns related to crime in
the community and the experiences of a particular small business owner. Continuing,
she discussed proposed development at the site of the former Cheddars restaurant and
stated it would cause overdevelopment and gridlock in the area. She referenced the lack
of fire trucks at Fire Station 36 and stated the City would be held responsible in an
emergency situation.
3) Dr. Darcy Schiller, Kings Point, Tamarac, stated the City of Tamarac was advertising
for liaisons, and asked that the Commission car allowance be addressed. She
commented on an increase in crime and asserted police were not present. She thanked
emergency responders for their assistance with a resident's recent health concern.
4) William Goffernet, 5106 Zayberry Lane, Tamarac, distributed drawings he had created
to illustrated ideas for the Woodlands. He discussed an idea for vouchers and punch
cards and stated there was a lack of amenities at the Woodlands. He stated the
community suffers when the property is allowed to languish.
5) Stewart Webster, Versailles Garden, Tamarac, commented on the recent election and
the position of Commissioner. He invited the newly seated Commission to remain
approachable and open to communication for residents, and stated they look forward
to their leadership. He asked that City staff be provided with TLC.
6) Ron Wasserman, Woodmont, Tamarac, spoke regarding the importance of cancer
screenings and monitoring. He discussed economic development and the value of clean,
safe neighborhoods.
4. CONSENT AGENDA
Commissioner Bolton asked that items 10b, c, and d be moved to follow 5c. Discussion
ensued as to the rules of procedure, lack of backup in the record for workshop items, and
existing ordinances related to meeting times. The agenda change was not made.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the
Consent Agenda.
Motion Approved: 5-0.
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Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None
4.a. Approval of the October 12, 2022, Meeting Minutes
4.b. Approval of the October 17, 2022, Executive Session Minutes
4.c. Approval of the October 26, 2022, Meeting Minutes
4.d. TR13860 - A Resolution of the City Commission of the City of Tamarac, Florida
to approve and execute the Memorandum of Agreement (MOA) with the City of
Miami, through the Department of Fire Rescue as the sponsoring agency of the
Florida Task Force 2 under the United States Department of Homeland Security's
National Urban Search a.nd Rescue Response System acting through the Federal
Emergency Management Agency, the State of Florida and the City of Tamarac
Fire Department, as one of the participating agency, effective upon execution of
the MOA; authorizing the appropriate City Officials to execute the MOA and any
renewal and/or extensions at the time of need; providing for conflicts; providing
for severability, and providing for an effective date
4.e. TR13875 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving an Assignment Agreement to assign the contract award of irrigation
services from Prestige Property Management, Inc. to Juniper Landscaping of
Florida, LLC, pursuant to the purchase of the assets of Prestige Property
Management, Inc. by Juniper Landscaping of Florida, LLC for the remainder of
the contract term through April 30, 2023 and including any of the remaining two
(2) additional three (3) year extensions; authorizing the appropriate city officials
to execute the agreement between the City of Tamarac and Juniper Landscaping
of Florida, LLC; authorizing the appropriate city officials to approve any
renewals or extensions to the agreement; providing for conflicts; providing for
severability; and providing an effective date.
41. TR13873 - A Resolution of the City Commission of the City of Tamarac, Florida
approving a tri-party revocable license agreement between Broward County,
Tamarac Apartment Investors, LLC, 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-ofway dedication of Rock Island Road
and approving an agreement between the City of Tamarac and Tamarac
Apartment Investors, LLC allowing the transfer of the maintenance obligation to
Tamarac Apartment Investors LLC or its third party landscape maintenance
provider, attached hereto as Exhibit 112"; 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
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incorporated herein; providing for conflicts; providing for severability; and
providing for an effective date.
4.g. TR13876 - A Resolution of the City Commission of the City of Tamarac, Florida,
awarding Bid 23-12FQ to Zones, LLC, and approving the purchase of a three (3)
year Autodesk Software Subscription Renewal from Zones, LLC at a total cost of
$46,400.00; ratifying past purchases from Zones, LLC in the amount of
$44,906.88, for a total aggregate spend of $91,306.88; authorizing expenditures
from the appropriate accounts; providing for conflicts; providing for severability;
and providing for an effective date.
5. REGULAR AGENDA
5.a. TR13874 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving a $250,000.00 FaVade and Exterior Improvement Grant Agreement
with Millennium Estates, LLC as part of the City's economic development
program for a comprehensive renovation to McNab Commercial Plaza, 8005 W.
McNab Road; Providing for Conflicts; Providing for Scrivener Errors; 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.
Lori Funderwhite, Economic Development Manager, provided a presentation
which is on file in the City Clerk's Office.
Commissioner Bolton inquired as to safeguards within the grant program. Ms.
Funderwhite further clarified the process, explaining the maintenance agreement,
and noting the City will still have the public benefit of revitalization of the plaza if
the property were to be sold.
Discussion continued regarding potential amendments to the program guidelines,
conditions of approval, and the legality of additional burden on the applicant.
Egemen Toprak, owner of Millennium Estates, LLC, stated he would agree to the
condition that he not sell the plaza for a period of two (2) years.
Commissioner Villalobos stated there should not be restrictions placed on the
project without research and data to back the condition.
Commissioner Daniel thanked the owner for agreeing to the condition and stated
that if residents are under a similar condition, it was fair for businesses.
Mayor Gomez stated the program guidelines should be discussed at a future
workshop. She addressed fear over development on the site and stated the City has
a strong process in place for review of potential projects.
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Commissioner Bolton asserted entitlements would come into play due to the zoning
of the property. Ms. Calloway provided additional detail on owner rights relatedto
zoning, intensity, density, and use.
Moved by Commissioner Bolton; seconded by Commissioner Villalobos tc
approve the resolution with the condition the property could not be sold within two
(2) years.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
5.b. TR13872 - A Resolution of the City Commission of the City of Tamarac, Florida,
electing a Vice Mayor to serve a term of one year beginning December 14, 2022,
and ending November 2023, with no succession; 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.
Commissioner Bolton nominated himself to serve in the role of Vice Mayor. He
briefly discussed an order of rotation by district.
Commissioner Villalobos nominated himself to serve in the role of Vice Mayor.
Mayor Gomez closed nominations and took consensus on the nominees.
Voting for Commissioner Bolton: Commissioner Bolton, Commissioner Daniel,
and Commissioner Wright.
Voting for Commissioner Villalobos: Mayor Gomez and Commissioner Villalobos.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the
resolution and name Commissioner Bolton as Vice Mayor.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
5.c. TR13862 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving Continuing Services Agreements with sixteen chosen firms for
Architectural, Engineering, Landscape Architect, and Surveying Services;
authorizing the execution of the Continuing Services Agreements; providing for
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the extension, and renewal of the Agreements or approval of assignments and
other amendments to the Agreements and expenditure of appropriated funds by
the City Manager or appropriate City Officials; Providing For Scrivener Errors,
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 Daniel to
approve the resolution as presented.
Mayor Gomez opened the public hearing, however seeing none, closed the public
hearing.
Keith Glatz, Purchasing and Contracts Manager, provided a presentation which is
on file in the City Clerk's Office.
Vice Mayor Bolton inquired as to the process for sourcing vendors. Mr. Glatz
explained the solicitation process and outreach efforts. He stated staff was pleased
to have received 29 proposals and noted the proposed list was a combination of new
and existing vendors.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
Mayor Gomez called for a recess at 8:53 p.m.
Mayor Gomez called the meeting to order at 9:11 p.m.
6. ORDINANCE(() — FIRST READING
6.a. T02517 - An Ordinance of the City Commission of the City of Tamarac, Florida,
amending chapter 15 of the City Code of Ordinances, entitled "Parks and
Recreation", by creating section 15.90, entitled "Smoking Prohibited in Parks";
providing for conflicts; providing for scrivener's errors, providing for
severability; and providing for an effective date.
City Attorney Herin read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
the Ordinance on first reading.
Greg Warner, Parks and Recreation Director, provided a presentation which is on
file in the City Clerk's Office.
Commissioner Villalobos asked what outreach was being done to those who smoke
to notify them of the change. Mr. Warner explained a media campaign would be
coordinated with the Public Information Office. He noted warnings would be
provided in a manner similar to the way in which alcohol in parks is addressed.
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Mayor Gomez commented on the enforcement power included within the ordinance
and inquired as to the amount of time it would take for signs to be put up. Mr.
Warner stated it would be about two (2) weeks for printing. Discussion continued
regarding public outreach and adoption in other communities.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
7. PUBLIC HEARING(S)
7.a. TR13870 - A Resolution of the City Commission of the City of Tamarac, Florida,
adopting the Affordable Housing Incentive Strategies recommendations of the
Affordable Housing Advisory Committee (AHAC) and authorizing the
transmittal of the recommendations in an annual report attached hereto as
Exhibit "A" to the Florida Housing Finance Corporation in accordance with
Section 420.9076 (4) Florida Statutes; 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 Daniel 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, Commissioner Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
7.b. TR13871 - A Resolution of the City Commission of the City of Tamarac, Florida
approving the Consolidated Annual Performance Evaluation Report (CAPER
FY2021-2022) attached hereto as Exhibit "A" for the U.S. Department of Housing
& Urban Development (HUD)'s Community Development Block Grant (CDBG)
program for HUD's fiscal year 2021-2022; 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 Daniel to
approve the resolution as presented.
Mayor Gomez opened the public hearing, however seeing none, closed the public
hearing.
Motion Approved: 5-0.
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Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
8. ORDINANCE(S) — SECOND READING
9. OUASI-JUDICIAL HEARING(S)
9.a. TB057 - Board Order Approving/Denying Special Exception for Cali Coffee
McNab - 7775 W McNab Road, Tamarac, FL 33321, to allow for the use of a new
one (1) story, one thousand five hundred square foot (1,500 sq. ft.) restaurant
"coffee shop" with the addition of a drive -through lane and related infrastructure
in the MU-C (Mixed -Use Corridor) zoning district.
Mayor Gomez explained items 9a through 9d would be heard together.
City Attorney Herin outlined the City's procedures regarding Quasi -Judicial
proceedings. He confirmed the public notice items were met for item 9a through 9f
and swore in those wishing to provide testimony. City Attorney Herin asked for
any ex-parte disclosures and there were none to disclose.
Attorney Christine Bilenki, Dunay, Miskel, and Backman, LLP, provided a
presentation on behalf of the applicant for items 9a through 9d. The presentation is
on file in the City Clerk's Office.
Mayor Gomez opened the public hearing, however seeing none, closed the public
hearing.
Mayor Gomez commented on the applicant's hours of operation, lighting, and
security. Attorney Belinki stated a full photometric plan had been reviewed and
vetted and added that the applicant was happy to work with Broward Sheriffs
Office (BSO) to address any concerns.
Mayor Gomez asked whether the applicant would agree to an amendment related
to communicating the special exception rules and regulations with any transfer of
ownership. Attorney Belinki confirmed her client understood and agreed.
City Attorney Herin read the title for the record.
Moved by Commissioner Villalobos; seconded by Commissioner Wright to
approve the board order, subject to the conditions as recommended.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
9.b. TB054 - Board Order Approving/Denying Variances for Cali Coffee McNab -
7775 W McNab Road, Tamarac, FL 33321 seeking variance from Section 10-
4.7(D)(5)(b)(i)A to allow for the reduction of the minimum transparent glazing
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requirement from the required thirty percent (30%) to twenty-five percent
(25%); inclusive of the use of faux window treatment.
City Attorney Herin read the title for the record.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to approve
the board order, subject to the conditions as recommended.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
9.c. TBO55 - Board Order Approving/Denying Variance for Cali Coffee McNab -
7775 W McNab Road, Tamarac, FL 33321, seeking relief from Section 10-
4.4(D)(3)(c)(ii) of providing a new solid masonry buffer wall along the rear
property line abutting a residentially zoned property where one currently exists.
City Attorney Herin read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
the board order, subject to the conditions as recommended.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
9.d. TR13803 - A Resolution of the City Commission of the City of Tamarac, Florida,
granting site plan approval (major) with conditions to allow for the development
of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.)
building with the addition of a drive -through lane and related infrastructure for
a proposed restaurant, Cali Coffee, for the subject property located at 7775 West
McNab Road, Tamarac, Florida, legally described in Exhibit "A", attached hereto
(Case No. 12-SP-21); 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 Vice Mayor Bolton to approve
the resolution, subject to the conditions as recommended.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
9.e. TBO60 - - Board Order approving/denying Special Exception application for
Alamod Hookah Lounge located at 6520 North University Drive, Tamarac,
Florida 33321, to allow for the use of a renovated one (1) story, two -thousand -foot
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(2,000 sq.ft.) tapas restaurant with the addition of a hookah lounge and alcohol
sales within an existing plaza in the MUN (Mixed -Use Neighborhood) zoning
district, pursuant to the Tamarac Code of Ordinances
City Attorney Herin read the title for the record.
Mayor Gomez asked for any ex-parte disclosures and there were none to disclose.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to approve
the board order as presented.
Attorney William Dilley provided a presentation on behalf of the applicant, which
is on file in the City Clerk's Office. He introduced the owner, Kerby Eugene.
Mayor Gomez opened the public hearing, however seeing none, closed the public
hearing.
Mayor Gomez highlighted the other tenants of the shopping center, noting the
marijuana dispensary and kava lounge, and stated the site was intended for medical
and retail. Attorney Dilley responded briefly.
Mayor Gomez expressed reservations about placing a smoking business in a
residential neighborhood. She discussed health concerns related to smoking and the
potential impact on neighboring businesses. Attorney Dilley asked whether a
condition requiring a separate air filtration system would mitigate the concern.
Vice Mayor Bolton inquired as to the application process prior to coming before
the Commission for review. Director of Community Development Maxine
Calloway outlined the process. She noted Planning Council had recommended
approval and staff was recommending approval subject to one (1) condition.
Commissioner Villalobos asked whether the structure was built to keep smoke from
going from one (1) unit to another. Ms. Calloway stated the bays were separated,
but she could not say with certainty that smoke would be contained. Attorney Dilley
provided additional detail regarding the unit construction.
Mayor Gomez asked the applicant to outline how they meet the standards for
special exception. Attorney Dilley reviewed the evidence provided and responded
to concerns related to pedestrian traffic, hours of operation, and impact on
neighboring businesses.
Commissioner Villalobos inquired as to enforcement related to young adults and
marijuana on property. Attorney Dilley stated the business would be restricted to
21 plus and there would be a zero -tolerance policy in place. Discussion continued
regarding advertising, revocation of a special exception, and potential conditions.
Commissioner Wright asked for a clarification of the target market. Attorney Dilley
explained the market was a diverse group of young professionals.
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Commissioner Daniel stated she liked the idea of a place where a diverse
community could go to relax but expressed concern regarding promoting smoking
to young people. Discussion continued on a list of potential conditions.
Vice Mayor Bolton stated he agreed with the conditions except the yearly review.
He stated it was not friendly to starting a new business.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to approve
the board order with conditions as follows:
• No patrons under 21
• Monitor what is smoked to ensure no marijuana is used on site
• Address air quality to keep from seeping into other units
• Maintain condition to keep the property upscale, including a daily sweep of
the property for trash pick up
• Security cameras front and back with night vision
• Yearly administrative review for the first two (2) years
• Business license to be amended to state any new owner/operator must agree
to all conditions
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
Mayor Gomez sought and received consensus to direct staff to conduct a
review of all smoke shops, vape shops, liquor sales, and similar to determine
whether changes might be required to the associated zoning and land use
guidelines.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to extend
the meeting past 11:30 p.m. to hear all items on the agenda.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
9.f. TBO61 - Board Order approving/denying Special Exception application for
Sunnyside Dispensaries - Tamarac located at 6001 North University Drive,
Tamarac, Florida 33321, to allow for the use of an existing one (1) story, four -
thousand nine -hundred and thirty-six square foot (4,936 sq.ft.) structure for a
Medical Marijuana Dispensary in the MU-N (Mixed -Use Neighborhood) zoning
district, pursuant to the Tamarac Code of Ordinances.
City Attorney Herin read the title for the record.
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Mayor Gomez asked for any ex-parte disclosures. Commissioner Daniel stated she
had spoken with the applicant. Mayor Gomez stated she had spoken with counsel
and the applicant regarding the request.
Moved by Vice Mayor Bolton; seconded by Commissioner Daniel to approve the
board order as presented.
Attorney Logan Opsahl, Lowndes, Drosdick, Doster, Kanter & Reed, P.A.,
provided a presentation on behalf of the applicant, Cresco Labs operating as
Sunnyside Dispensaries, which is on file in the City Clerk's Office. Matthew Ryan,
Cresco Labs, also contributed to the presentation.
Vice Mayor Bolton left the dais at 11:20 p.m.
Vice Mayor Bolton returned to the dais at 11:24 p.m.
Connie Woolsey, Vice President -Retail and Operations, Cresco Labs, addressed the
question of "why Tamarac" which had come up during the Planning Board review
and discussed the medical marijuana industry.
Mayor Gomez opened the public hearing.
Ron Wasserman, Woodmont, Tamarac, expressed disappointment with the medical
marijuana industry and the promises to support veterans and the community.
Mayor Gomez closed the public hearing.
Commissioner Villalobos and Mayor Gomez made comments regarding the
proliferation of marijuana dispensaries and the need to expand regulations.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
Mayor Gomez called for a recess at 11:45 p.m.
Mayor Gomez called the meeting to order at 12:00 a.m.
10. OTHER
10.a. Discussion and possible action to seek Letters of Interest for Legal Services to
the City of Tamarac.
Requested by Mayor Michelle J. Gomez
Mayor Gomez introduced the item, referencing the materials provided in the
backup. She explained she believed the new Commission should have the
opportunity to review applications for City Attorney and choose whether to
continue with current counsel. She stated she was not asking to terminate the
existing attorney, but to open the process.
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Commissioner Villalobos asserted there was a lack of due diligence in the process
the last time a City Attorney was chosen and asked that the process be more open.
Discussion ensued regarding requesting disclosures. Keith Glatz, Purchasing and
Contracts Manager, addressed questions and stated the conflict -of -interest process
could be expanded.
Discussion continued regarding the established competitive process for selecting a
City Attorney.
Mayor Gomez sought consensus to terminate the employment of the CityAttorney
and open the position to Letters of Interest for Legal Services. Consensus failed,
with Mayor Gomez and Commissioner Villalobos in support and Vice Mayor
Bolton, Commissioner Daniel, and Commissioner Wright voting no.
10.b. Discussion and possible motion to take action on the City's Charter positions.
Requested by Commissioner Marlon Bolton
Vice Mayor Bolton requested that the rules of procedure be suspended to take
substantive action on the item. He presented the item, stating the Commission could
create its own process for selection of a City Attorney. He stated he had not seen
clearly how dedicated the Ottinot Law Firm had been while serving in the role until
they had been removed and added that he saw an opportunity to correct that action.
Discussion ensued regarding how to address the lack of backup materials for the
item, as well as whether the Commission should have an opportunity to do their
due diligence.
Vice Mayor Bolton continued to explain his support for the Ottinot Law Firm.
Moved by Vice Mayor Bolton; seconded by Commissioner Wright to terminate
Fox Rothschild, LLP and appoint Ottinot Law, PA as the City Attorney effective
noon on December 15, 2022, with Mayor Gomez authorized to enter into a contract
with the firm without additional approval from the City Commission provided the
terms and conditions of the contract with Ottinot Law, PA are identical to that with
Fox Rothschild, LLP. Shall the Mayor be unavailable, the Vice Mayor shall be
notified and have the same authorization to proceed.
Mayor Gomez asserted the motion was improper and inappropriate. She stated if a
legal services change was the desire of the Commission, there should be an
appropriate process followed.
Commissioner Daniel stated that she believed the Commission had fired a law firm
which was highlighting issues within the City. She asserted because the firm was
one the Commission was familiar with, background materials were not required.
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Discussion continued regarding the law firm proposed, the process for selection,
and whether a lack of transparency existed.
Commissioner Wright asked that Vice Mayor Bolton share any ideas for an
alternate process to hire a City Attorney. Vice Mayor Bolton stated he did not
believe any other process was appropriate at this time and asserted the Commission
could remove the attorney in the future if they were not satisfied.
City Attorney Herin corrected the record regarding his availability to the
Commissioners, the City Manager, and staff. He stated he is present and available
and did not want that matter to be misrepresented.
Vice Mayor Bolton stated he did not intend to say City Attorney Herin was doing
a bad job, but he was asking for a change of services because he believed Ottinot
Law would do a better job.
Commissioner Daniel asked whether Vice Mayor Bolton would consider an
amendment to make Ottinot Law, PA an interim employee. Vice Mayor Bolton
stated that he was asking that the firm be made the permanent attorney, with the
understanding that they could be removed later.
Motion Approved: 3-2.
Voting For: Vice Mayor Bolton, Commissioner Daniel, and Commissioner Wright.
Voting Against: Mayor Gomez and Commissioner Villalobos.
Commissioner Villalobos left the dais at 1:11 a.m.
Commissioner Villalobos returned to the dais at 1:12 a.m.
Vice Mayor Bolton stated City Manager Gunn had recently furnished her intent to
resign, with 120 days' notice as provided under her employment agreement. He
asserted that the position should be filled from within and stated Interim Assistant
City Manager Levent Sucuoglu should be appointed in her place.
Moved by Vice Mayor Bolton; seconded by Commissioner Daniel to appoint
Levent Sucuoglu as permanent City Manager for a period of no longer than two (2)
years effective at the conclusion of City Manager Gunn's contract, and to authorize
the new City Attorney to enter contract negotiations with Mr. Sucuoglu, with the
contract coming before the Commission for final approval no later than February
8, 2023, allowing for ample time to make changes, if any, ahead of the March 3
deadline.
Mayor Gomez expressed concern regarding the consequences of ignoring the
process in hiring and firing.
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Commissioner Wright stated he believed there should be more discussion before
hiring a City Manager. He stated that there may be other City staff that was
qualified. Discussion ensued on succession planning and contract terms.
Commissioner Wright sought a friendly amendment to remove the two (2) year
term of the contract, and Vice Mayor Bolton accepted.
Moved by Vice Mayor Bolton; seconded by Commissioner Daniel to appoint
Levent Sucuoglu as permanent City Manager effective immediately on the
expiration of City Manager Gunn's contract, and to authorize the new City Attorney
to enter contract negotiations with Mr. Sucuoglu, with the contract coming before
the Commission for final approval no later than February 8, 2023, allowing for
ample time to make changes, if any, ahead of the March 3 deadline.
Motion Approved: 4-1.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, and
Commissioner Wright. Voting Against: Commissioner Villalobos.
10.c. Discussion and possible motion to clarify or change seating and office positions.
Requested by Commissioner Marlon Bolton
Vice Mayor Bolton noted a seat change impacting Commissioner Wright and
asserted the Commission should determine where the Commissioners each sit on
the dais and which offices they occupy.
Mayor Gomez stated that the City Manager's office has control over administrative
matters, including office locations and seats. She provided a brief historical
overview of how the detail had been handled previously and in this instance.
Commissioner Wright stated he had no objection to the seat change.
10.d. Discussion and possible motion to change the Regular Meeting time.
Requested by Commissioner Marlon Bolton
Vice Mayor Bolton proposed that both regular monthly meetings be held at 7 p.m.
Mayor Gomez outlined the reasons she believed the meetings should be kept at
different times, noting each accommodated a different schedule.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to maintain the
existing meeting schedule.
Motion Failed: 2-3.
Voting For: Mayor Gomez and Commissioner Villalobos. Voting Against:
Commissioner Daniel, Commissioner Wright, and Vice Mayor Bolton.
Moved by Vice Mayor Bolton; seconded by Commissioner Daniel to move the
second regular Commission meeting each month from 9:30 a.m. to 7:00 p.m.
Minutes
December 14, 2022 —Regular Commission Meeting
Page 16
Mayor Gomez asserted the meeting times were set to accommodate participation
and provide for the operations of the City, as staff was required to attend the
meeting and return to work the following morning. She stated the schedule being
proposed had been tried and had failed in the past.
Commissioner Daniel stated the average age of the City had moved to 48, and
people in that age group are not able to attend a day time meeting because they are
at work. Discussion continued.
Commissioner Wright asked City Manager Gunn what staff prefers. City Manager
Gunn responded briefly.
Vice Mayor Bolton asserted that if there was less discussion, more items placed on
the consent agenda and more workshops, the evening meetings could end at a
reasonable time.
Motion Failed: 3-2.
Voting For: Vice Mayor Bolton and Commissioner Daniel. Voting Against: Mayor
Gomez, Commissioner Villalobos, and Commissioner Wright.
City Attorney Herin clarified that the meeting times were required to be set by
resolution at the December meeting.
Moved by Mayor Gomez•, seconded by Commissioner Daniel to maintain the
existing meeting schedule.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
Z/lll.�►`lu I �1►Y 11
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 2:09 a.m.
Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City
Clerk.
C� �M", _r(l -
Kimberly Dillon, CMC
Minutes
December 14, 2022 — Regular Commission Meeting Page 17
Michelle J. Gomez, Mayor
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, December 14, 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
DATE: 12 / / i4 4 -
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ADDRESS
PHONE
ITEM#
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PUBLIC PARTICIPATION
SIGN-UP SHEET
REGULAR CITY COMMISSION MEETING
Date:
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ADDRESS
PHONE
ITEM#
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