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
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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
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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.
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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.,
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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
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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.
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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
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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
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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
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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.
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August 23, 2023 — Regular Commission Meeting
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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"
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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.
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