Regular City Commission Meeting (2024-05-14)

1 MINUTES REGULAR CITY COMMISSION MEETING Tuesday, May 14, 2024 7:00 PM – COMMISSION CHAMBERS CALL TO ORDER - Mayor Scott Newton called the meeting to order at 7:00 p.m. Pledge of Allegiance Human Resources Director Dio Sanchez led the Pledge of Allegiance. ROLL CALL City Clerk Faith Lombardo called the roll. Present were Mayor Scott Newton, Vice Mayor Mike Bracchi, Commissioner Chris Caputo, Commissioner Don D’Arminio, and Commissioner Paul Rolli. Also in attendance were City Manager Leigh Ann Henderson and City Attorney Kerry Ezrol. ADDITIONS / CHANGES / DELETIONS Commissioner Rolli requested a discussion of ribbon cutting events be added under New Business. PROCLAMATIONS National Police Week Mayor Newton read a Proclamation recognizing the week of May 12-18, 2024 as National Police Week. The Proclamation was presented to members of the Wilton Manors Police Department. Mental Health Awareness Month Mayor Newton read a Proclamation recognizing May 2024 as Mental Health Awareness Month. Dr. Joe Oravecz, Chief Executive Officer (CEO) of National Alliance on Mental Health (NAMI) Broward County, accepted the Proclamation. PRESENTATION Presentation of Fiscal Year 2022-2023 Audit Report and Annual Comprehensive Financial Report by independent CPA firm Keefe McCullough Finance Director Nancy Mueller advised that Assistant Finance Director Carol Conol led this year’s audit. Jose Ortiz, representing auditor Keefe McCullough, stated the City received an unmodified opinion for fiscal year (FY) 2022-2023, which is the highest level of assurance an auditor can express. The firm also issued reports on internal control and compliance with provisions, regulations, and grant agreements. No noncompliance was noted.

2 The firm also reviewed the City’s budgetary compliance, budget plans, annual contributions, and long-term debt, confirming the City met all compliance requirements in these categories as well. There were no issues with the audit which required communications with the state, and no findings were noted. The following Item was taken out of order on the Agenda. REPORTS FROM BOARDS Library Advisory Board Introduction and Update The members of the Library Advisory Board were presented with Certificates of Appreciation from the City. Board Member John Fiore, Board Chair Barbara Gail Cuthbertson, and Board Liaison/Library Director David Larson provided a brief overview of the Board’s purpose. COMMENTS FROM THE PUBLIC At this time Mayor Newton opened public comment. Eric Althoff, 216 NE 23 Street, stated the Twin Manors property at 215-235 NE 23 Street, which is across the street from his residence, is affecting the quality of life of residents on 23 Street and the community as a whole. The property has recently installed illumination which may exceed the restrictions of Code. Derrick Nickson, 232 NE 23 Street, agreed with Mr. Althoff’s comments, adding while the owner of the subject property has made adjustments to the lighting, it is still intrusive and too bright. He recommended Code Compliance enforce the City’s Ordinances and ensure the property’s managers comply with them. Adrienne Folland, 440 NE 23 Street, also expressed concern with the lighting from the Twin Manors property. She hoped to work with the management of the subject property to restore its previous lighting. William Hayden, 2956 NW 10 Avenue, urged community support of the Commission in their efforts to correct problems in the City’s Police Department. He felt the City should ensure the Police Department has the assets it needs to move forward, including an increase in salaries. Jake Valentine, 1109 NW 30 Court, expressed concern with the morale of City employees, particularly those in the Wilton Manors Police Department. He asserted this Department is in danger of losing one-third of its total staff, and emphasized that public safety is the prime duty of municipal government. Noah Kitty, 2012 NE 15 Avenue, addressed Colohatchee Park and the two parcels adjacent to it, recalling the Commission had originally planned to use this half-acre to provide access for emergency vehicles. She reported flooding encroaches on the back yards of homes facing 15 Avenue. She added there is also a need for a seawall, and noted the City has nothing to show for the development of the Colohatchee parcels except a parking area. She strongly opposed offering the City’s public space to developers.

3 John Fiore, 2845 NE 17 Avenue, stated the City can improve Wilton Drive by providing a parking garage with commercial use on the ground floor, which he felt was a better use than the existing parking meters. Workforce housing could be provided on City-owned property behind the garage. Hunter Stephens, 2132 NW 5 Avenue, member of the Westside Association board, thanked the Commission and staff for their support of the Westside. He encouraged the Commission to focus its efforts on creating a neighborhood-friendly “main street” on Andrews Avenue, including development of a mixed-use Transit-Oriented Corridor (TOC). He also recommended revisiting the permitted use table and height restrictions for Andrews Avenue. Shawn Walsh, 601 NW 27 Street, president of the Westside Association, stated he looked forward to building relationships with the City Commission and City staff as they work together to advance initiatives that help the Westside and the City. He introduced the other officers of the Westside Association City Clerk Lombardo advised that written comments were also received from resident Paul Kuta (attached). With no other individuals wishing to speak at this time, Mayor Newton closed public comment. CONSENT AGENDA Commissioner Caputo made a motion to approve the Consent Agenda. Commissioner Rolli seconded the motion, which prevailed by unanimous roll call vote (5-0). Invoices Goren, Cherof, Doody & Ezrol, P.A. Consent Resolutions Resolution No. 2024-047: (Police) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, DETERMINING CERTAIN TANGIBLE PERSONAL PROPERTY TO BE SURPLUS; RATIFYING, APPROVING, AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE THE MEMORANDUM OF AGREEMENT FOR K-9 KRANK WITH FRUITLAND PARK POLICE DEPARTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. End of Consent Agenda WILTON HOTEL (2505 N DIXIE HIGHWAY) Presentation City Manager Henderson explained the next three Items on tonight’s Agenda relate to the Wilton Hotel project at 2505 N Dixie Highway, including a quasi-judicial item addressing rezoning of the site. All three items will be presented at the same time but voted upon separately.

4 City Attorney Kerry Ezrol stated the rezoning Ordinance is a quasi-judicial Item, while Resolutions 2024-048 and 2024-049 are legislative Items. He briefly reviewed the quasi-judicial process, and any individuals wishing to speak on the Items were sworn in. Robert Lochrie, representing the Applicant, advised the quasi-judicial request would rezone the subject property from Wilton Drive Arts and Entertainment District (WDAE) to Planned Unit Development-Commercial (PUD-C). Both the rezoning request and the Site Plan were reviewed by the City Commission on March 26, 2024. The remaining two Items are a developer’s agreement and a declaration of restrictions. Mr. Lochrie recalled a full presentation was made for the PUD-C and Site Plan at the March 26 meeting. The Applicant has thoroughly reviewed the developer’s agreement and declaration of restrictions and has agreed to execute all the requirements of these documents. All three Items are consistent with the City’s Comprehensive Plan and meet the requirements of the City’s Unified Land Development Regulations (ULDR). The Applicant agrees with the Staff Reports for those items. Community Development Services Director Roberta Moore reviewed the following changes that were made between the first and second readings of Ordinance 2024-001: • Pp. 5-6 and p.19 of the Staff Report: the required number of Americans with Disabilities Act (ADA) -accessible spaces was revised and an exception is no longer required • P.8 and pp.21-22 of the Staff Report: this exception was already included in the PUD document and is now included in the Staff Report as well; the requested exception would allow the Applicant not to provide a 6 ft. masonry wall, as the structure’s wall and landscaping will be provided in lieu of the masonry wall • Pp.19-21 of the Staff Report: renumbering was done following the removal of one exception and the addition of another exception • P.11, p.16, and p. 25 of the Staff Report: language regarding valet parking, which states that guest parking shall be valet only and include staffing as recommended in the traffic report, and the valet operator shall minimize the overflow of vehicles onto Dixie Highway and 11 Avenue, and provide attendants 24 hours per day and seven days per week Director Moore requested all backup materials be included in the record for the three Items. (attached) Vice Mayor Bracchi asked if the hotel’s parking lot is for guests only or is open to the public. Mr. Lochrie replied the garage is for hotel guests and employees only. At this time Mayor Newton opened public comment, which he closed upon receiving no input. The Commissioners disclosed any ex parte communications regarding the project at this time. QUASI-JUDICIAL PUBLIC HEARING Ordinance No. 2024-001: (Community Development Services) (Second Reading) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,

5 FLORIDA AMENDING SECTION 020-020 ENTITLED “DISTRICT MAP”, BY REZONING THE PROPERTY KNOWN AS 2505 N. DIXIE HIGHWAY, WILTON MANORS, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; REZONING THE PROPERTY FROM WILTON DRIVE ARTS AND ENTERTAINMENT DISTRICT (WDAE) TO PLANNED UNIT DEVELOPMENT – COMMERCIAL (PUD-C); ALLOCATING ONE HUNDRED TWENTY-THREE (123) HOTEL UNITS; GRANTING PRELIMINARY SITE PLAN APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Lombardo read the Ordinance by title only. Commissioner Rolli made a motion to approve Ordinance 2024-001. Commissioner Caputo seconded the motion, which prevailed by unanimous roll call vote (5-0). Resolution No. 2024-048: (Community Development Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE A DEVELOPERS AGREEMENT WITH WILTON FIVE POINTS PARTNERS LLC, PERTAINING TO THE PROPERTY GENERALLY LOCATED AT 2505 N. DIXIE HIGHWAY, WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Lombardo read the Resolution by title only. Commissioner Caputo made a motion to approve Resolution 2024-048. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (5-0). Resolution No. 2024-049: (Community Development Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS WITH WILTON FIVE POINTS PARTNERS LLC, PERTAINING TO THE PROPERTY GENERALLY LOCATED AT 2505 N. DIXIE HIGHWAY, WILTON MANORS, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Lombardo read the Resolution by title only. Commissioner Caputo made a motion to approve Resolution 2024-049. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (5-0). REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Henderson stated the Commission recently authorized a budget and partnership with

6 Broward County in order to offer rebates of up to $500 for Wilton Manors residents for water conservation efforts related to irrigation systems. The County will send an individual to evaluate irrigation systems and make recommendations for water conservation improvements. This program is now live, and the City’s website, social media, and e-news blasts will announce programs by which residents may apply for the rebates. Saturday, May 18, 2024 is the City’s anniversary party and canoe race, which is held annually by the Leisure Services Department. 10 teams will paddle around the Island City and end at Richardson Park. City Attorney’s Report – nothing in addition to written report in agenda NEW BUSINESS Discussion of Lien Reduction Process City Manager Henderson recalled this Item was requested at the April 23, 2024 Commission meeting. The City’s Code of Ordinances provides lien reduction applicants with an opportunity to present reduction requests for Code Enforcement liens before the Special Magistrate, and includes criteria which outline the factors that can be considered by the Special Magistrate. There are also existing thresholds for the amount by which a lien can be reduced by the Special Magistrate, and an appeal process by which applicants may make further lien reduction requests before the City Commission as well. Vice Mayor Bracchi explained when lien reduction cases come to the Commission, they usually seem to have already been reduced by 50% by the Special Magistrate. The Commission has not had access to data showing how many cases are or are not being reduced, nor the reason why cases were reduced. This can make it more difficult for the Commission to make a decision to increase the reduction, make no changes, or lower the reduction. Vice Mayor Bracchi advised the Commission recently received data regarding the number of cases which are reduced by the Special Magistrate each year, which come to approximately 20. He noted one Special Magistrate has reduced almost all cases that come before them by roughly 50%. City Attorney Ezrol recalled before the Code was amended, the City Commission handled all lien reductions. The City Code was amended in order to delegate authority over lien reductions to the Special Magistrate. Since that change was made, the Commission has seen appeals to the Special Magistrate’s decisions. City Attorney Ezrol continued the City may require that sufficient information be provided by the Special Magistrate to the Commission regarding the basis for lien reductions, pursuant to an amendment to City Code. Current Code includes a provision that prohibits reductions to an amount less than 15% of the total lien for owner-occupied properties or less than 50% for all other properties. Code Compliance Supervisor Abel Alberro stated 50 to 80 cases typically go before the Special Magistrate each month. The number of lien reduction cases that go to a hearing is typically five to seven cases each month.

7 Vice Mayor Bracchi recalled this issue arose because an applicant had appealed a lien reduction to the Commission with nothing to show any steps they had taken to remediate the property; however, the Special Magistrate had reduced their lien by 50%. He asked if it would be possible for the Commission to see documentation from applicants who received reductions from the Special Magistrate, showing the facts on which their appeal is based. City Attorney Ezrol replied the City can require this as part of the code, and can also require more information to be brought before the Commission when they are hearing an appeal of the lien reduction. Because the lien reduction process is provided for in city code, and City Attorney Ezrol recommended the Commission should ensure property owners and residents understand these rules and due process procedures. Commissioner D’Arminio recalled the Special Magistrate has the right to consider whether or not an applicant has had repeat violations, and asked if the Commission wished to give the Special Magistrate authority to reduce a repeat violator’s lien by 50%, or whether the Special Magistrate is restricted to providing a reduction of up to only 25% or 30% in the case of repeat violators, who may still appeal their lien to the Commission. City Attorney Ezrol stated under Chapter 162 of City Code, the Special Magistrate may fine an individual up to $250/day for each initial violation. If there are repeat violations at the same property for the same incident, the Special Magistrate has authority to fine that applicant up to $500/day. These are maximum numbers and are left to the Special Magistrate’s discretion. City Attorney Ezrol continued the Commission may wish to address whether or not a repeat violator should be afforded the same opportunity for a lien reduction by the Special Magistrate as a first-time violator. In the case of the same violation recurring on the same property, this would justify an increased fine. Commissioner D’Arminio was referring to a single property owner who may have repeat violations on either the same property or multiple properties. He was not certain that such an individual should be entitled to the same benefit as a first-time violator. Vice Mayor Bracchi reiterated he would like the Commission to see a record of what has been done by the Special Magistrate, and why, to reduce a lien. Commissioner Caputo asked if it would be possible to create a list of every violation that a property owner has ever had on one or more properties so the Special Magistrate has all the necessary information. Supervisor Alberro replied that Code Compliance gives the Special Magistrate a full history of the property, including how long it took an owner to address a violation, as well as whether the owner tried to obtain all required permits; however, Code Compliance’s background information applies only to the individual case before the Special Magistrate at a given time. Mayor Newton asked if it can be noted that a property owner has a history of violations at multiple properties throughout the City. City Attorney Ezrol replied when a fine is considered, the discussion is limited to that property only; in the case of reducing a lien, however, he felt it would not be inappropriate to look at other properties within the City which have been the subject of Code violations.

8 Vice Mayor Bracchi commented this may also require discretion, as an owner may have had violations several years ago. Mayor Newton pointed out the Special Magistrate can consider this when making their decision. Commissioner D’Arminio observed owners who have had past violations may wish to work harder to address current violations if they are not certain that they will receive a significant lien reduction. City Attorney Ezrol requested clarification of whether information on repeat offenses is intended to modify a lien reduction or to be presented as additional evidence of other violations. It was confirmed the intent was to present previous violations as evidence. City Attorney Ezrol stated this would need to be discussed further from an operational perspective. Commissioner D’Arminio expressed concern that the number of lien reduction cases going before the Special Magistrate could be preventing Code Compliance from presenting their Code cases to the Special Magistrate in a timely manner. He asked if it might be helpful to hold separate hearings for lien reductions and Code violations. Supervisor Alberro did not think this would make a difference. Vice Mayor Bracchi commented there are new Special Magistrates who may benefit from Ordinance education, such as addressing subjective factors to be considered when reducing liens. Commissioner Caputo noted the City is on track to see roughly 1,000 cases in calendar year 2024, which is a significant increase over fewer than 500 cases in 2023. He asked if the City has sufficient staff to keep up its current level of response to violations. Supervisor Alberro stated the City will be fully staffed for the first time since 2021, and the number of Code Compliance cases results from a more proactive stance. Code Compliance currently has two part-time and one full-time Code Compliance Officer. Commissioner D’Arminio recalled in 2023, even with lien reductions, the City collected roughly $540,000 in income from Code fines. EcoBin Bus Bench Beautification City Manager Henderson recalled this Item was requested at the previous meeting. There are approximately 27 EcoBins throughout the City, which are maintained by the vendor, with collections occurring at least three times per week. The City receives approximately $8,700 from this contract. There are also roughly 28 bus bench advertisements which have waste bins attached as well. City Staff collects and disposes of waste from those bins. City Manager Henderson advised that EcoBins has indicated they would allow the City to use the side panels of their bins for artwork or City messaging. She felt the bus bench/trash bin contractor, Martin Outdoor Media, may also offer space from time to time on their advertising panels. EcoBins are on Wilton Drive, Dixie Highway, Oakland Park Boulevard, and in City parks. Gia Veres, representing GoGreen EcoBins, stated at present, most of the bins’ side panels include the message that the City recycles. They may also have public service announcements relating to

9 City events. All panels are provided for the City to use as they want. The company is pleased with the suggestion that art be included on the panels and is willing to work with the City on this effort. Vice Mayor Bracchi asked how difficult it would be to “swap out” the bins’ side panels. Ms. Veres replied the company would do all the work on changing these panels, which is a relatively easy process. Vice Mayor Bracchi recalled in the past, the Wilton Drive Improvement District has expressed interest in standardizing the bins on Wilton Drive, and recommended outreach to that group for their input. In other areas of the City, he noted most of the ads are photographs promoting local businesses, and suggested the City may be able to improve the program. Commissioner Caputo suggested the Commission provide direction to City staff to determine a schedule for swapping out various types of local art. He also pointed out the bins could advertise major events such as the Stonewall Pride Parade and Street Festival, Wicked Manors, or other celebrations. Commissioner D’Arminio also felt the City could make better use of the bins’ side panels by using them to promote events. He asked if there is a nominal printing charge for printing new side panels. Ms. Veres confirmed there is no up-front cost to the City for printing, but this cost is taken out of the City’s revenue. She estimated the cost would be roughly $25. Switching panels would be done at no charge. Mayor Newton suggested there be a mixture of new and emerging artists who could provide artwork to be featured on the panels. He requested the City Manager look into how artists could have their work featured on the panels, as well as what the City would like to see advertised on panels as well. Ribbon Cutting (requested by Commissioner Rolli) Commissioner Rolli requested the City consider standardizing its process for ribbon cutting ceremonies, such as limiting them to specific days and times. He also proposed the Commission be given two weeks’ notice of the events, and it should be ensured businesses are Code-compliant. Commissioner Caputo also felt a policy would be useful in determining when these events could be held, as it can be challenging to attend multiple events in one week. Mayor Newton agreed these ceremonies should be limited to weekdays. Commissioner D’Arminio also suggested standardizing the times at which these events are scheduled. There was consensus from the Commissioners to standardize these events to Tuesdays prior to Commission meetings, as long as there are no workshops or special meetings scheduled directly before the Commission meetings.

··~· REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA Commissioner Caputo requested a discussion at a future meeting of opportunities for parking in growing areas of the City. ADJOURNMENT- The meeting was adjourned at 8:33 p. m. These minutes were agproved by the City Commission on Thesday, .. ..) ...>\ \ \ Z 3 , 2024. ~~i ~ erk I ~~ l ~~d 10

Paul Kuta's Submitted Comments for City Commission Meeting on 05/14/2024 My name is Paul Kuta, and I reside at 500 N.E. 28th Street in Wilton Manors. Once again, the highly regarded CPA firm of Keefe McCollough has performed a comprehensive audit of our city's finances and have found no major problems. In fact, they believe that the performanoe, ofour city's Finance Department is deserving of another award. As I have mentioned in the past, I believe it would have been helpful if Keefe McCollough had submitted a 2 or 3 page summary in layman's language of their findings at the beginning of their lengthy Comprehensive Report. On tonight's agenda with regard to the proposed Wilton Hotel at 2505 Dixie Highway, I oppose Ordinance No. 2024-001 and Resolutions Nos. 2024-048 and 049. While I like the architecture for the hotel,I believe it will be built in the wrong location. In general, I think that the city has caved in on virtually every requirement for this proposed structde and agreed to 15 exceptions desired by the developer. 4 I oppose the rezoning of this land parcel from an Arts and Entertainment District to a Planned Unit Development. According to our building codes, a PUD requires 2 gross acres of land and this site only has 0.78 of an acre~ our code requires 136 parking spaces for this 123-room hotel, and we are agreeing to 94 spaces; and the size of the parking spaces has been reduced. The hotel will be 8 stories intead of 5. I believe that projected vehicular traffic is the bigg~st impediment to the hotel at this site. The proposed hotel is anticipated to generate 910 gross vehicle trips per day. The -Deputy Police Chief told me that our city will need more Police officers to monitor this busy area with backedupvehicles and potentially more accidents on Dixie Highway. There is expected to be more train traffic .- at Five ~ Points and more veh~cular traffic on Dixie Highway from thefutureGeneration project on N.E. 24th Street. '