HomeMy WebLinkAbout2023-06-14 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, JUNE 14, 2023
7:00 PM
COMMISSION CHAMBERS
CALL TO ORDER
Mayor Michelle J. Gomez called the Wednesday, June 14, 2023, 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 Marlon D. Bolton, Commissioner Kicia
Daniel, Commissioner Morey Wright Jr., and Commissioner Elvin Villalobos.
Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City
Attorney Hans Ottinot, and Assistant City Clerk Monica Barros.
PLEDGE OF ALLEGIANCE
Commissioner Morey Wright Jr. led the Pledge of Allegiance and moment of silence.
1. CITY ATTORNEY REPORT
City Attorney Ottinot had no report.
2. CITY MANAGER REPORT
2.a. Legislative Update
Presentation by State Senator Rosalind Osgood
State Senator Rosalind Osgood shared a brief update of the recent legislative
session. She highlighted bills of particular interest, including the Universal Voucher
bill, Education Technology bill, accountability for African American history
education, charter schools sharing of capital outlay dollars, and changes to election
law.
2.b. Aden Perry Hero Life Rings Initiative
Presentation by Sarah Perry
Sarah Perry provided a presentation on the Aden Perry Hero Life Rings Initiative,
which is on file in the City Clerk's Office.
2.c. Proclamation Celebrating Juneteenth
Requested by Vice Mayor Marlon Bolton
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June 14, 2023 — Regular Commission Meeting
Page 2
Mayor Gomez read all the proclamations by title only and stated the documents
could be found on the City's website and in the back of the room.
2.d. 2023 LGBTQ+ Pride Month Proclamation
Requested by Mayor Michelle J. Gomez
2.e. Caribbean -American Heritage Month Proclamation
Requested by Mayor Michelle J Gomez
2.f. Presentation of the FY2022 Annual Comprehensive Report
Presentation by Christine Cajuste, Financial Services Director
Financial Services Director Christine Cajuste and Anil Harris of RSM, US provided
a presentation of the Fiscal Year 2022 Annual Comprehensive Report, which is on
file in the City Clerk's Office.
2.g. Investment Report — April 2023
City Manager Sucuoglu congratulated the Tamarac Fire Rescue for winning the
First There First Care Conference Competition and gave an update on upcoming
events. .
3. PUBLIC PARTICIPATION
Mayor Gomez noted the rules for public comment were posted and opened the floor to
comments from the public.
1) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, spoke regarding 13�' Floor and the
Woodlands community. He stated they had not purchased the land from Club Link, and
the current owner is not maintaining the property. He discussed the potential for Club
Link to develop the property and stated there was an excavator brought in.
2) Patti Lynn, Mainlands, Tamarac, thanked staff for following up with her regarding
speed bumps. She referenced Senator Osgood's comments and shared that the League
of Women Voters gives out free gun locks. She stated the Commission had recently
approved things which were not doing right by residents, including the noise ordinance
and the rental hall. She commented on Hope South Florida and stated there should be
backup material provided before adding a charity to the City's list.
3) Elizabeth Griffith, 1891 SW 81 Avenue, North Lauderdale, shared that her husband
was a firefighter for Tamarac Fire Rescue from 1987 to his death in 2018, and she was
having issues with receiving his fire pension. She discussed the appeal process and
stated she had been waiting 130 days for a letter and she had been waiting patiently.
She asked for support in her effort.
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June 14, 2023 — Regular Commission Meeting
Page 3
Mayor Gomez shared her appreciation for Ms. Griffith's husband's service and
connected her with Human Resources Director Lorenzo Calhoun to discuss the issue
further.
4) Dr. Kate Johnson, Mainlands, Tamarac, stated the 2040 Comprehensive Plan meetings
had been great and thanked the City for holding them. She noted she thought the
meetings were helpful and that she hoped the Commissioners were listening as
residents shared their concerns. She stated it would have been better to have all of the
district meetings organized ahead of time to allow for a mass mailing similar to what
was done for One Tamarac. She noted the date for District 1 was the same day as a
Chamber of Commerce event and stated she hopes it will be changed.
4. CONSENT AGENDA
City Manager Sucuoglu stated there were no changes to the agenda.
Mayor Gomez pulled item 4d for discussion.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the
Consent Agenda items 4a, 4b, 4c, 4e, and 4£
Motion Approved: 5-0.
Voting For: Mayor Gomez, Commissioner Daniel, Commissioner Wright, and
Commissioner Villalobos. Voting Against: None.
4.a. Approval of the May 10, 2023, Regular Commission Meeting Minutes.
4.b. TR13931 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving Task Authorization No. 23- 13D and authorizing the appropriate City
Officials to execute task authorization No. 23-13D with CHA Consulting, Inc.
(formerly Eckler Engineering) to provide professional engineering services for the
design of the relocation of Raw Water Supply Well No 1 Project including design
and construction administration, at a base cost of $176,678.25. A contingency in
the amount of 5% or $8,833.91 will be added to the project account for City
approved additional services required to complete the project per TA #23-13D
for a total project budget not to exceed $185,512.16; authorizing the appropriate
City Officials to administer the contract; authorizing expenditures from the
appropriate accounts; providing for conflicts; providing for severability; and
providing for an effective date.
4.c. TR13949 - A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing a reasonable time extension of the zoning in progress of one hundred
and eighty (180) days, in accordance with Chapter 10, Section 10-5.4(U)(3)(b)(iii)
of the City of Tamarac Code of Ordinances; authorizing and directing the City
Manager to undertake further study and review of the City's regulations relating
to liquor stores, vape or smoke shops; and bar, lounge, or tavern; providing that
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June 14, 2023 — Regular Commission Meeting
Page 4
upon the adoption of this resolution extending the zoning in progress an additional
one hundred and eighty (180) days, no permits or applications shall be issued or
processed for liquor stores, vape or smoke shops; and bar, lounge, or tavern
within the City of Tamarac for a total of three hundred sixty (360) days from the
date of the administrative order, consistent with this resolution; providing for
conflicts; providing for severability; and providing for an effective date.
4.d. TR13950 - A Resolution of the City Commission of the City of Tamarac, Florida,
adding "HOPE South Florida, 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.
City Attorney Ottinot read the title for the record.
Mayor Gomez asked that the item be amended to include Aden Perry Good
Samaritan Scholarship Fund Inc.
City Manager Sucuoglu noted that due diligence had not yet been conducted on the
organization and asked that language making the addition be subject to eligibility.
Mayor Gomez stated she was comfortable waiting for the next Commission
meeting to allow for due diligence. Discussion continued.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
Resolution TR13950 as presented.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
4.e. TR13962 - A Resolution of the City Commission of the City of Tamarac, Florida,
appointing one (1) member to the Supreme Court Justice Ruth Bader Ginsberg
Commission on the Status of Women by District 2 Commissioner, to serve a term
concurrent with the appointing commissioner or until such time new
appointments are made; providing for conflicts; providing for severability; and
providing for an effective date.
4.f. TR13965 - A Resolution of the City Commission of the City of Tamarac, Florida,
appointing one (1) member to the Parks & Recreation Board by District 1
Commissioner, to serve a term concurrent with the appointing commission
member, or until such time as new appointments are made; providing for
conflicts; providing for severability; and providing for an effective date.
5. REGULAR AGENDA
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June 14, 2023 — Regular Commission Meeting
Page 5
6. ORDINANCE(S) — FIRST READING
6.a. T02530 - An Ordinance of the City Commission of the City of Tamarac, Florida
amending Chapter 10, Article 4, of the Land Development Code of the City of
Tamarac, Florida, entitled "Development and Design Standards", by making
certain deletions and additions, by specifically amending Section 10-4.4, entitled
"Landscaping and Tree Preservation", to allow the City of Tamarac to adopt and
enforce its own tree preservation regulations, by providing for comparably
stringent requirements and standards to the Broward County Code of
Ordinances, Chapter 27, Article XIV, entitled "Tree Preservation and Abuse
Ordinance", by specifically complying with Section 27-407, entitled "Municipal
Certification"; providing for codification; providing for severability; and
providing for an effective date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Wright to approve
Ordinance T02530 on first reading.
Assistant City Manager/Community Development Director Maxine Calloway
provided a presentation of her report, which is on file in the City Clerk's Office.
Vice Mayor Bolton asked why staff felt the County process was onerous. Assistant
City Manager Calloway explained. She noted that the majority of cities have their
own process. Discussion continued.
Commissioner Daniel outlined reasons she saw the change as a positive one and
shared a recent experience a resident had through the County process.
Mayor Gomez asked for clarification on changes to the process under the ordinance.
Assistant City Manager Calloway responded briefly.
Discussion continued regarding the arborist, budget, penalties for removing trees,
cities using the County process, and benefits of having autonomy on the issue.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
6.b. T02532 - An Ordinance of the City Commission of the City of Tamarac, Florida;
amending Chapter 10, Article 6, entitled "Rules of Construction and Definitions",
by specifically amending Section 10-6.2 entitled "Use Categories and Use Types
Defined" of the City of Tamarac Code of Ordinances, to allow for the amendment
to the definitions of the use "Child Care Facility", amending the definition of the
use "School", amending the definition of the use "Auto Towing", and amending
the definition of the use "Auto Wrecking and Salvage Yard"; to allow for updated
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June 14, 2023 — Regular Commission Meeting
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definitions in accordance with Florida Statutes, providing for codification;
providing for conflicts; providing for severability; and providing for an effective
date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
Ordinance TO2532 on first reading.
Assistant City Manager Calloway provided a presentation of her report, which is
on file in the City Clerk's Office.
Mayor Gomez asked whether the City has any existing auto wrecking and salvage
yards. Assistant City Manager Calloway stated she does not believe so, but the
definition exists, and the use is allowable in the industrial district.
Mayor Gomez stated she appreciates the clarification of the school definition, but
she has issues with the auto section due to authorities granted within it. Assistant
City Manager Calloway referenced the State Statute.
City Attorney Ottinot stated his office would speak with staff to provide guidance
regarding the legal requirements.
Mayor Gomez asserted the City did not have to mirror the Statute and could be
more restrictive. She noted that she could not support the item as is, and asked if
there was support to bifurcate it and address the school definition issue without the
auto portion of the ordinance.
Commissioner Daniel agreed that she would not want anyone to be additionally
financially burdened and asked whether the State Statute would override the City
ordinance. Assistant City Manager Calloway provided additional detail, noting that
the City's definitions were not in compliance with State Statute. She stated there is
a pending application where the City's code is impeding their business to comply
with Florida Statutes.
Mayor Gomez asserted there was no preemptive language in the State Statute where
the City's Code would need to be amended as it says and stated the Commission
did not have a full picture to make a decision.
Vice Mayor Bolton asked for clarification on what is allowed under State law and
the benefit to the City in changing the language. Assistant City Manager Calloway
responded as appropriate.
Vice Mayor Bolton stated he would support the ordinance as -is with any required
changes being made between first and second reading.
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June 14, 2023 — Regular Commission Meeting
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Commissioner Villalobos asked the status of the application referenced. Assistant
City Manager Calloway stated it was slated to come before the Commission in the
same meeting as the second reading of this ordinance.
Commissioner Villalobos stated if there was an application pending, the
Commission should wait for advice from the City Attorney before proceeding.
Discussion continued regarding potential impacts of the ordinance, State law, and
potential preemptions.
Commissioner Villalobos stated that they should not accept or make any changes
to the application without knowing what will come before them. Assistant City
Manager Calloway stated the application is coming before the Commission at the
June 28 meeting.
Commissioner Wright asked for clarification on the intent. Assistant Manager
Calloway stated the business has been located in another jurisdiction and has been
following State Statute, and they had recently moved the business to Tamarac, so
the update was intended to clean up Code and allow that use to continue. Discussion
continued.
Vice Mayor Bolton asserted the applicant would be disadvantaged if the ordinance
was not approved on first reading as their application would not advance. Assistant
City Manager Calloway responded that the application was noticed and is on the
agenda for the June 28 meeting at which time they can postpone, table, or not
approve the application.
Commissioner Wright stated that he was not comfortable with the amount of days
it takes to sell the cars since people are struggling.
Mayor Gomez affirmed that she felt concerned about passing the ordinance while
there would be substantial changes between first and second reading and that these
changes were taking place to conform to a new business coming to Tamarac.
Commissioner Villalobos withdrew his second of the original motion and the
motion died for lack of a second.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve
bifurcation of Ordinance TO2532 to approve the "Child Care Facility" and
"School" definitions on first reading, and the "Auto Towing" and "Auto Wrecking
and Salvage Yard" definitions to come back for first reading on June 28.
Motion Approved: 4-1.
Voting For: Mayor Gomez, Commissioner Daniel, Commissioner Wright, and
Commissioner Villalobos. Voting Against: Vice Mayor Bolton.
Mayor Gomez called for a recess at 8:53 p.m.
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June 14, 2023 — Regular Commission Meeting Page 8
Mayor Gomez called the meeting to order at 9:05 p.m.
7. PUBLIC HEARING(S)
8. ORDINANCE(S) — SECOND READING
8.a. An Ordinance of the City Commission of the City of Tamarac, Florida, amending
Chapter Nine "Health, Sanitation and Nuisances", Article III "Noise", Section 9-
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.
City Attorney Ottinot read the title for the record.
Moved by Commissioner Villalobos; seconded by Commissioner Wright to adopt
Ordinance T02527.
Mayor Gomez opened the public hearing.
Patti Lynn, Mainlands, Tamarac, stated she would like the hours to be removed
from the ordinance. She noted recent issues with disturbances during the middle of
the day and stated no one was looking to stop kids from playing. She expressed
concern the ordinance would be read as not being able to do anything about noise
concerns before 11 p.m.
Dr. Kate Johnson, Mainlands, Tamarac, stated the ordinance had nothing to do with
children playing. She asserted the children are not the problem, nor is it about
putting a damper on the fun in Tamarac. She stated the issue is loud and continuous
noise throughout the day which enters homes through impact windows, stopping
people from enjoying their properties. She asked that the time be removed from the
ordinance due to common reading of the language.
Mayor Gomez closed the public hearing.
Commissioner Villalobos highlighted that the Commission was only hearing from
people who did not want music, not those who wanted to play their music loudly
during the day.
Mayor Gomez stated there is a difference between enjoying music in your own
home and the music leaving the confines of your home and disturbing the
neighbors. She discussed example situations and stated rules are needed. She stated
she would support removing "particularly after 11 p.m." from the ordinance.
Motion Approved: 3-2.
Voting For: Vice Mayor Bolton, Commissioner Daniel, and Commissioner Wright.
Voting Against: Mayor Gomez and Commissioner Villalobos.
Minutes
June 14, 2023 — Regular Commission Meeting Page 9
9. QUASI-JUDICIAL HEARING(S)
9.a. TB071 - Board Order approving Special Exception approval for McDonald's-
Pine Island, to allow for the addition of a second drive -through lane for an
existing fast-food restaurant with drive -through service in the MU-C (Mixed Use
Corridor) zoning district, pursuant to the Tamarac Code of Ordinances.
Mayor Gomez noted items 9a and 9b would be heard together.
City Attorney Ottinot read the title for the record. He outlined the City's procedures
regarding Quasi -Judicial proceedings. He confirmed the public notice items were
met for the items.
Mayor Gomez asked for any ex-parte disclosures. She stated she had spoken with
Craig McDonald and Daryl Johnson during the break. There were no other
disclosures. Assistant City Clerk Monica Barros swore in those wishing to provide
testimony.
Moved by Vice Mayor Bolton; seconded by Commissioner Wright to approve
TB071.
Craig McDonald provided a presentation on behalf of the applicant. The
presentation is on file in the City Clerk's Office.
Commissioner Villalobos stated he had customer service concerns with the
business and asserted better training and more stringent requirements may be
necessary. He noted he supported the additional drive through lane.
Commissioner Daniel stated she agreed there was a need for a second lane and the
improved elevations would be good for the neighborhood. She expressed
appreciation for the way in which students are treated at the location, and asked
whether there was an opportunity to widen the existing lane rather than adding. Mr.
McDonald showed the plans and discussed available space.
Vice Mayor Bolton commented on the landscaping plan and asked about
maintenance plans. Mr. McDonald stated they had worked with staff to create a
plan and a maintenance company would be employed.
Mayor Gomez noted the plaza is inundated with students, and there had been
ongoing safety issues which law enforcement was dealing with. She stated she
looked forward to additional support on this issue from the new franchise owner
and noted she had shared this with Mr. McDonald and Mr. Johnson. Discussion
continued regarding the width of the lanes.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
Minutes
June 14, 2023 — Regular Commission Meeting
Page 10
9.b. TB073 - Board Order approving Variance application for McDonald's-Pine
Island, from Section 10-4.3(D)(2), Table 10-4.1 of the Code of Ordinances to
allow for a total of twenty-four (24) parking spaces in lieu of the minimum
required twenty-eight (28) parking spaces; the reduction of four (4) parking
spaces from the Off -Street Parking requirements for a Restaurant "Fast -Food"
w/ Drive Through in the MU-C (Mixed -Use Corridor) zoning district.
Moved by Vice Mayor Bolton; seconded by Commissioner Wright to approve
TB073.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
10. OTHER
10.a. Emergency Management Update
Fire Chief Mike Annese and Emergency Management Coordinator Van Schoen
provided a presentation on updates to the City's Emergency Management. The
presentation is on file in the City Clerk's Office.
Vice Mayor Bolton asked for clarification on messaging. Fire Chief Annese and
City Manager Sucuoglu explained. Discussion continued regarding presenting one
message from the City of Tamarac.
10.b. Authorization to Initiate Legal Action against Gregory H/E Meador, Meador,
Patricia for Property Located at 7804 NW 74 Avenue, Tamarac
City Attorney Ottinot stated the house at 7804 NW 74 Avenue had been a public
nuisance, and staff had spent approximately five (5) years responding to issues
there. He shared pictures to illustrate the need to clean up the property and ensure
compliance with the Code. He outlined the reasons the Court system may be a
necessary tool to gain compliance and asked for Commission support.
Commissioner Villalobos stated if there were $500,000 in liens on the property, he
did not see the need to wait. He noted hurricane season is here and this property is
a detriment to the neighbors.
Commissioner Daniel thanked staff for their quick response once the issue was
brought to their attention.
City Manager Sucuoglu noted the City has a long list of properties with Code
Enforcement liens, and staff expects to bring additional properties forward to the
Commission in the near future.
Vice Mayor Bolton stated he agreed they should move forward quickly and asked
how the City would be impacted by the property being homesteaded. City Attorney
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June 14, 2023 — Regular Commission Meeting
Page 11
Ottinot explained the home could not be foreclosed on because it was homesteaded,
but the Nuisance Abatement Law could be enforced, and the property cleaned up
after the Court's approval. Discussion continued.
Mayor Gomez asked that staff move forward on other pending properties rather
than waiting.
Consensus was to provide authorization to initiate legal action as needed on this
property and others without bringing the request back to the Commission.
ADJOURNMENT
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 10:18 p.m.
Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Monica Barros,
Assistant City Clerk.
o.
onica Barros,62<ssistant City Clerk
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, June 14, 2023.
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
Minutes
June 14, 2023 — Regular Commission Meeting
Page 12
are hearing or speech impaired and need assistance, you may contact the Florida Relay Service
by dialing 7-1-1.
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