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HomeMy WebLinkAbout2023-08-23 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, AUGUST 23, 2023 9:30 AM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, August 23, 2023, City Commission meeting, being held in Commission Chambers, to order at 9:30 a.m. ROLL CALL Present were Mayor Michelle J. Gomez, Vice Mayor Marlon D. Bolton, Commissioner Morey Wright Jr., Commissioner Elvin Villalobos and Commissioner Kicia Daniel. Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City Attorney Hans Ottinot, and City Clerk Kimberly Dillon. PLEDGE OF ALLEGIANCE Commissioner Morey Wright led the Pledge of Allegiance and moment of silence. Mayor Gomez read a proclamation recognizing Former Mayor Harry Dressler on his passing. 1. CITY ATTORNEY REPORT City Attorney Ottinot had no report. 2. CITY MANAGER REPORT 2.a. Presentation of Plaque to City Commission Randy Hibshman, Challenger Little League Baseball Team, made a presentation thanking Tamarac for its support of the program. 2.b. Employee Service Awards 15 Years of Service Mark Paguio Kelvin Alexander Gerald Robinson Sr. 20 Years of Service Jason Barrios Hector Roman David Sherman Rebecca Geimer Michelle Sien Sendik Minutes August 23, 2023 — Regular Commission Meeting Page 2 25 Years of Service Michael Cunningham Christopher Dixon Martha Pyke Thomas Vreeland City Manager Sucuoglu, Mayor Gomez, and the Commission recognized Administrative Coordinator Nancy Wilson on her retirement. Ms. Wilson had been with the City since September 29, 1986. 2.c. Investment Report — June 2023 City Manager Sucuoglu made a presentation of the City Manager's Report which is on file in the City Clerk's Office. 3. PUBLIC PARTICIPATION Mayor Gomez noted the rules for public comment were posted and opened the floor to comments from the public. 1) Dr. Kate Johnson, Mainlands 4, Tamarac, spoke regarding previous complaints against City Attorney Ottinot and stated Mayor Gomez's professional experience and research regarding the Shaker Village deal should not have been dismissed. She questioned the costs of the purchase, as well as whether exclusive use of part of the facility and priority use of the full facility were included in the shared use agreement. She asserted this was not an appropriate use of tax dollars. 2) Patti Lynn, Mainlands 8, Tamarac, thanked the Commission for the proclamations in recognition of Former Mayor Harry Dressler and Nancy Wilson. She stated Tamarac's role as the largest municipal contributor to the United Way should be included in the Tam -A -Gram, as it was an amazing record. She asked that the new Commissioners do some research on the Shaker Village issue and condominium law. She stated the project is a waste of money, as are investigation of Broward Sheriffs Office (BSO) for fire services and the Commission car allowance. She argued Shaker Village is an obvious conflict of interest for Vice Mayor Bolton. 3) Dr. Darcy Schiller, Kings Point, Tamarac, commented on the car allowance, asserting that residents are in support of looking at alternate options. She discussed the Life Ring initiative, noting that Ace and Home Depot will pay for the materials and the cost to the City will be less than $500, and the initiative should move forward. She referenced item 4f and stated she did not understand why BSO and the City were getting involved in private communities, and had concerns if tax payer money was involved. She asserted that City Attorney Ottinot had not done anything for the City and its residents. 4) Debra Beck, Kings Point, Tamarac, stated that Shaker Village is a private community. She asserted they received $1.4 million in 2017 to replace their clubhouse and chose Minutes August 23, 2023 — Regular Commission Meeting Page 3 not to use the funds for that purpose. She stated this was a private matter between the community and the Board they elected, and the City had no business getting involved. She questioned the advice received from the City Attorney and stated he should have insisted that Vice Mayor Bolton recuse himself. She argued that the July 12 Commission vote regarding Shaker Village must be rescinded. 4. CONSENT AGENDA City Manager Sucuoglu stated there were no changes to the consent agenda. Vice Mayor Bolton asked that items 4e and 4f be pulled for discussion. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve the Consent Agenda as amended, including items 4a through 4d and items 4g through 4n. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 4.a. Approval of the June 28, 2023 Regular Meeting Minutes. 4.b. Approval of the July 10, 2023 Workshop Meeting Minutes. 4.c. Approval of the July 12, 2023 Regular Meeting Minutes. 4.d. TR13906 — A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 23-08B to and approving an Agreement with Janice M. Riley, Inc., d.b.a. The Paving Lady, for the Mainlands of Tamarac Section 1-5 & Hiatus Road Pavement Resurfacing Project (Broward County Surtax -Funded Mobility Advancement Project BCTAM-FY2020-00001), in accordance with Bid No. 23- 08B for a contract amount of $2,569,495.61; a contingency in the amount of $256,949.56 will be added to the project account for a total project budget of $2,826,445.17; authorizing an appropriation for the receipt and expenditure for the surtax funds to be included in a future Budget Amendment pursuant to F.S. 166.24(12); authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR13928 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement with Devon Neighborhood Association, Inc. for the City through Broward County Sheriff's Office to exercise jurisdictional authority for traffic control and enforcement within the property of Devon Neighborhood Association, Inc.; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Minutes August 23, 2023 — Regular Commission Meeting Page 4 Mayor Gomez asked whether Vice Mayor Bolton had any objection to items 4e and 4f being discussed together. There was no objection. 4.f. TR13929 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement with Southampton Neighborhood Association, Inc. for the City through Broward County Sheriffs Office to exercise jurisdictional authority for traffic control and enforcement within the property of Southampton Neighborhood Association, Inc.; 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 Resolution TR13928 and TR13929 as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. City Manager Sucuoglu provided a brief overview of the items. He stated BSO provides law enforcement services for the City through a contract with Broward County, and these agreements allow for traffic enforcement in communities with private streets. He stated there is no fiscal impact of the agreements. Vice Mayor Bolton asked why these two (2) communities were isolated, rather than looking at private streets in the City as a whole. City Manager Sucuoglu provided additional explanation. He stated the agreements are provided to communities at the request of those communities. Vice Mayor Bolton highlighted feedback from residents of Bermuda Club and Lakes of Carriage Hills at recent district meetings and asked why the City had not exercised its authority in those neighborhoods. City Manager Sucuoglu stated this process is open to the entire City and is initiated by the Homeowners Associations (HOAs) in the individual communities. Vice Mayor Bolton asked what traffic enforcement looks like in these communities. BSO Captain Jeremiah Cooper provided a brief overview. Mayor Gomez reiterated that any community can hold a vote at a meeting of their HOA to request a similar agreement. She read from the applicable State law. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 4.g. TR13976 — A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No.23-15B and approving an Agreement with C&W Pipeline, Inc., Minutes August 23, 2023 — Regular Commission Meeting Page 5 for the construction of the Woodland Greens Water Main Replacement Project in accordance with Bid No. 23-15B for a contract amount of $333,593.00; a contingency in the amount of $33,359.30 will be added to the project account for a total project budget of $366,952.30; authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. 4.h. TR13978 - A Resolution of the City Commission of the City of Tamarac, Florida, approving the granting of a Perpetual Easement to Florida Power and Light for the installation of underground electric utility facilities at Caporella Park Enhancements Project located at 5200 W. Prospect Road; authorizing the appropriate City Officials to execute said Perpetual Easement to Florida Power and Light for the installation of underground electric utility facilities at Caporella Park, 5200 W. Prospect Road; authorizing and directing the City Clerk to record said Agreement in the public records of Broward County; providing for conflicts; providing for severability; and providing for an effective date. 41 TR13987 - A Resolution of the City Commission of the City of Tamarac, Florida, to approve and execute the Second Amendment to the Participation Agreement and Regional Interlocal Agreement for E911 communication system between Broward County and the City of Tamarac to amend the Participation Agreement and the Regional Interlocal Agreement (collectively the "System Agreements") to extend the term of the System Agreement for consecutive periods of five (5) years with an effective date of October 1, 2023; authorizing the appropriate City Officials to execute the Second Amendment to the standard form Participation Agreement; providing for conflicts; providing for severability; and providing for an effective date. 4.j. TR13988 - A Resolution of the City Commission of the City of Tamarac, Florida, approving the Agreement between the City of Tamarac and InfoSend, Inc., for the provision of utility billing printing and mailing services utilizing Collier County contract #22-8019 for a three year term commencing immediately upon approval through June 26, 2026, with two additional one year extensions; authorizing the appropriate City Officials to execute the Agreement between the City of Tamarac and InfoSend, Inc., providing for conflicts; providing for severability; and providing an effective date. 4.k. TR13989 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No 23-09B and approving an Agreement with AUM Construction, Inc., for construction of the Fire Station 15 Pre-emption Emergency Vehicle Signal System Project (Broward County Surtax- Funded tama-014) in accordance with Bid No.23-09B for a contract amount of $499,685.00; a contingency in the amount of $ 49,968.50 will be added to the project account for a total project Minutes August 23, 2023 — Regular Commission Meeting Page 6 budget of $549,653.50; authorizing an appropriation for the receipt and expenditure for the Surtax Funds to be included in a future Budget Amendment pursuant to F.S. 166.241(2); authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. 4.1. TR13991 - A Resolution of the City Commission of the City of Tamarac, Florida, approving a first amendment to the interlocal agreement between Broward County and the City of Tamarac for surtax -funded municipal transportation project: Fire Station 15 Emergency Vehicle Preemption Signal/TAMA-014 attached hereto as Exhibit "1"; authorizing the appropriate city officials to take any and all actions necessary to effectuate the intent of this resolution; providing for severability; and providing for an effective date 4.m. TR13992 - A Resolution of the City Commission of the City of Tamarac, Florida, approving a first amendment to the interlocal agreement between Broward County and the City of Tamarac for surtax -funded municipal transportation project: Milling, Paving, and Resurfacing of Public Road/BCTAM-FY2020- 00001-attached hereto as Exhibit "1"; authorizing the appropriate city officials to take any and all actions necessary to effectuate the intent of this resolution; providing for severability; and providing for an effective date. 4.n. TR13994 - A Resolution of the City Commission of the City of Tamarac, Florida, appointing one member to the Veterans Affairs Committee, to serve a four-year term, or until such time as new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. 5. REGULAR AGENDA 5.a. TR13967 - A Resolution of the City Commission of Tamarac, Florida authorizing the renewal of General Liability, Automobile Liability, Automobile Physical Damage, Workers' Compensation, and Property Lines of coverage including any endorsements with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1, 2023 at a cost of $1,858,963 and payment of any increase resulting from the annual premium audit and/or additions to the property schedule; 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 Wright to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Minutes August 23, 2023 — Regular Commission Meeting Page 7 There were no presentations and no discussion on the item by the Commission. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 5.b. TR13973 - A Resolution of the City Commission of the City of Tamarac, Florida, approving Agreement Amendment #2 to the Agreement with Troon Golf, LLC for Golf Course Operations Services at the Colony West Country Club dated October 24, 2013; approving an extension of the existing Agreement for a period of three (3) years in accordance with the provisions contained in the Agreement; authorizing the appropriate City Officials to execute Agreement Amendment #2 to the Agreement for Management and Maintenance of the Golf Course and the amenities available in the clubhouse including foodservice and Proshop operations for a period of three (3) years, for the effective period of October 24, 2023 through October 23, 2026 ; 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 the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Parks and Recreation Director Greg Warner made a presentation which is on file in the City Clerk's Office. Mayor Gomez recognized the staff of Colony West for their success through difficult circumstances. Commissioner Wright complimented the new menu and stated he looked forward to Colony West again being listed as among the top golf courses in the country. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 6. ORDINANCE(S) — FIRST READING 7. PUBLIC HEARING(S) 7.a. T02534 - A Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Small Scale Local Land use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3187 of the Florida state statutes, for an area of Minutes August 23, 2023 — Regular Commission Meeting Page 8 approximately 3.0 net acres in size, located on the Northeast corner of Northwest 21 Avenue and West Prospect Road, addressed as 2099 West Prospect Road, fully described as Parcel "A," "Prospect Plaza" according to the plat thereof, as recorded in Plat Book 136, page 2 of the public records of Broward County, Florida, to change the future land use designation from "Low -Density Residential" to "Low -Medium Residential' in order to allocate one (1) flexibility unit to facilitate the allowance of a school use and provide consistency with the Land Development Code in accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 1- LUA-23) authorizing transmittal of the Small Scale Land Use Map Amendment to the Department of Economic Opportunity and the Broward County Planning Council for recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Mayor Gomez asked whether there were any objections to items 7a and 9a being discussed together. There was no objection. City Attorney Ottinot read the title for the record. The presentation and discussion for this item was combined with the presentation and discussion for item 9a. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance T02534. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 8. ORDINANCE(S) — SECOND READING 9. QUASI-JUDICIAL HEARING(S) 9.a. T02535 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances to reflect the rezoning of certain real estate property fully described as Parcel "A," "Prospect Plaza" according to the Plat thereof, as recorded in Plat Book 136, Page 2 of the public records of Broward County, Florida, from the current RE (Residential Estate) zoning classification to R-3 (MultiFamily Residential) zoning classification, for the subject property located at 2099 West Prospect Road, in order to allocate one (1) flexibility unit to facilitate the allowance of a school use Minutes August 23, 2023 — Regular Commission Meeting Page 9 and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 5-Z23 & 1- FLX-23); providing for amendment to the Official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. City Attorney Ottinot outlined the City's procedures regarding Quasi -Judicial proceedings. He confirmed the public notice items were met for the items and asked for any ex-parte disclosures. Commissioner Wright stated he had met with the applicant and toured the school. Mayor Gomez stated she had known the applicant for quite some time and attended events at the school. She noted she had discussed the project with the applicant prior to the application being submitted. Commissioner Daniel stated she toured the school several years ago. Vice Mayor Bolton disclosed that he had met the applicants and spoken with them about the project at an event. City Clerk Kimberly Dillon swore in those wishing to provide testimony. Attorney Keith Poliakoff, Government Law Group, provided a presentation on behalf of the applicant which is on file with the City Clerk's Office. Vice Mayor Bolton asked about bussing for the school and the age of photographs used in the presentation. Attorney Poliakoff stated there would be no bussing, and the photos were taken a couple of months prior. Vice Mayor Bolton expressed concern with noise from the school. Attorney Poliakoff asserted the school only operates during daytime hours and a sound wall is in place to divide the school from the residential community. He noted the school was in place prior to the residences. Vice Mayor Bolton asked for additional background on the zoning change, and whether a traffic study and environmental study had been required. Assistant City Manager Calloway provided a brief overview of the 2018 City-wide zoning updates and explained the traffic and environmental studies were part of a special exception which would come before the Commission separately. Vice Mayor Bolton asked about the ages of students attending the school and facilities for younger children. Assistant City Manager Calloway responded that students would be 2-13 years old, and the existing facilities were appropriate for those age groups. Discussion continued regarding noise concerns. Mayor Gomez asked whether there had been any complaints regarding noise during the community outreach conducted. Attorney Poliakoff stated he had checked the records and there had never been a Code Violation or noise complaint made. He Minutes August 23, 2023 — Regular Commission Meeting Page 10 asked that the public record of complaints be shared with him so he could work to remedy the situation. He explained that the community meeting was noticed and posted but no one attended. Mayor Gomez noted there is a passive park beside the school, and a new development to the south of the school. She asked whether the school would be able to open if the Commission approved this application. Assistant City Manager Calloway stated opening the school would require special exception approval, and that process could not be completed until two (2) readings of the zoning and land use amendment had been held. Mayor Gomez asked that the second reading be moved to the September 13 meeting if possible. She stated she knows the property will be maintained and taken care of as the Nelson sisters continue to educate the local children. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance T02535. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 9.b. TB075 - Board Order approving/denying variance application for Eden West, from Section 10-4.10(D)(2)(b)(ii), to allow for Entrance Wall signs to be located on the perimeter walls of the site, in lieu of the requirement of Entrance Wall signs to be located at vehicular entrance. City Attorney Ottinot read the title for the record and confirmed the public notice items were met for the items. City Clerk Kimberly Dillon swore in those wishing to provide testimony. Mayor Gomez asked for any ex-parte disclosures, and there were none to disclose. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance TB075. Attorney John Voigt, Doumar, Allsworth, Laystrom, Voigt, Wachs, Adair and Dishowitz, LLP, provided a presentation on behalf of the applicant which is on file with the City Clerk's Office. Mayor Gomez stated the landscaping is beautiful, but it grows and makes monument signs difficult to read. She asked what could be done to prevent issues in the future. Assistant City Manager Calloway stated the applicant would make sure the landscaping was trimmed back sufficiently. Minutes August 23, 2023 — Regular Commission Meeting Page 11 Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. 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. Appointment of a Representatives and an Alternate Representative to the Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County. Assistant Director of Public Services Troy Gies provided a brief background on the Solid Waste Authority, noting 28 of the 31 Broward County municipalities, representing 83 percent of the County's population, had ratified the Interlocal Agreement. He discussed the commitments required to serve as a representative to the governing board of the Authority. Mayor Gomez stated it had been a pleasure to serve on the Solid Waste Working Group, and she would be honored to continue to serve on the governing board. Commissioner Wright supported Mayor Gomez continuing to serve and nominated Commissioner Villalobos as alternate. Vice Mayor Bolton nominated Commissioner Villalobos as representative and Mayor Gomez as alternate. Consensus was to select Commissioner Villalobos as representative and Mayor Gomez as alternate to the Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County. ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 11:31 a.m. "The remainder of this page is left blank intentionally" Minutes August 23, 2023 — Regular Commission Meeting Page 12 Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. Zimberlyy Di Ion, City Clerk P1,41, 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, August 23, 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 are hearing or speech impaired and need assistance, you may contact the Florida Relay Service by dialing 7-1-1.