Regular City Commission Meeting (2025-02-11)

1 MINUTES REGULAR CITY COMMISSION MEETING Tuesday, February 11, 2025 7:00 PM – COMMISSION CHAMBERS CALL TO ORDER Mayor Scott Newton called the meeting to order at 7:00 p.m. Pledge of Allegiance Black History Month honoree Jameer Baptiste led Pledge of Allegiance. ROLL CALL City Clerk Elizabeth Garcia-Beckford called the roll. Present were Mayor Scott Newton, Vice Mayor Chris Caputo, Commissioner Mike Bracchi, and Commissioner Don D’Arminio. Commissioner Paul Rolli was absent. A quorum was present. Also in attendance were City Manager Leigh Ann Henderson and City Attorney Kerry Ezrol. ADDITIONS / CHANGES / DELETIONS None. PROCLAMATIONS Black History Month (February) honorees Jameer Baptiste and New Era Masonic Lodge No. 69 Mayor Newton read a Proclamation recognizing resident Jameer Baptiste and the New Era Masonic Lodge No. 69 as 2025 Black History Month honorees. PRESENTATION Presentations by Chief Gary Blocker for: • Officer of the 4th Quarter 2024 to Officer Nikkole Cox and Stephen Angiolillo • Professional of the 4th Quarter 2024 to Police Service Aide Ingrid Ayluardo

2 Wilton Manors Police Chief Gary Blocker presented the Officer and Professional of the 4th Quarter 2024 Awards to Officers Nikkole Cox and Stephen Angiolillo and Police Service Aide Ingrid Ayluardo. • Officer of the Year 2024 to Sergeant David Turner • Professional of the Year 2024 to Digital Evidence Specialist Robert Rico Chief Blocker presented the Officer and Professional of the Year 2024 Awards to Sergeant David Turner and Digital Evidence Specialist Robert Rico. Mayor Newton reported the recent passing of Wilton Manors resident William (Bill) Hayden, who was a former member of the City’s Financial Advisory Board. All present observed a moment of silence in his honor. REPORT FROM POLICE DEPARTMENT Chief Blocker advised that spring break season will begin in South Florida in approximately two weeks. The Wilton Manors Police Department will have an action plan in place to ensure public safety. This plan will include but is not limited to: • Enhanced focus on the Arts & Entertainment District, including additional personnel and resources • Monitoring of short-term rental properties • Proactive public safety efforts for residents and businesses Commissioner Bracchi requested an update on recent activity by U.S. Immigration and Customs Enforcement (ICE) in the Wilton Manors community. Chief Blocker explained that ICE is a separate entity from the Police Department, and had requested the Department’s support during this activity. City Manager Leigh Ann Henderson added that the City will continue to do its best to create a safe environment for residents. Commissioner Bracchi proposed that the City take active steps to support members of the community, such as providing businesses and residents with educational materials. Vice Mayor Caputo emphasized the importance of educating the public on their rights. City Attorney Kerry Ezrol acknowledged that federal law is currently subject to significant change through executive orders and other forms of legislation which are subject to court opinions. Bracchi recommended that Wilton Manors suggest this to the League of Cities, as many municipalities may have similar questions. City Attorney Ezrol stated that some nonprofit entities have made information available on individuals’ rights in light of this recent activity, which he would share with the City Manager. Mayor Newton added that he would like to post this information on the City’s website. The following Item was taken out of order on the Agenda.

3 REPORTS FROM BOARDS Introduction and Update by Community Affairs Advisory Board Mayor Newton recognized the members of the Community Affairs Advisory Board (CAAB) and presented those in attendance with certificates of recognition. CAAB Chair Justin Gladney reported on the board’s activities in 2024. COMMENTS FROM THE PUBLIC At this time Mayor Newton opened public comment, which he closed upon receiving no input. CONSENT AGENDA Vice Mayor Caputo made a motion to approve the Consent Agenda. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (4-0). Minutes • January 14, 2025 Regular Commission Meeting Invoices • Goren, Cherof, Doody & Ezrol, P.A. Consent Resolutions Resolution No. 2025-010: 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, FLORIDA, TO SUBMIT A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT (“FIND”) FOR THE 2025 WATERWAYS ASSISTANCE PROGRAM (“WAP”); REQUESTING UP TO $150,000.00 +/- TO FUND THE COLOHATCHEE BOAT RAMP BATHROOM REPAIR/RECONSTRUCTION; AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT IF AWARDED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2025-011: 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 THE SECOND AMENDMENT TO THE AGREEMENT WITH MERRICK INDUSTRIAL MANAGEMENT CORPORATION TO PERFORM ADDITIONAL WORK AT THE PICKLEBALL COURTS AT HAGEN PARK;

4 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2025-012: (Emergency Management / Utilities) 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 AN AGREEMENT WITH INLINER SOLUTIONS, LLC TO PROVIDE CAST-IN-PLACE-PIPE LINING FOR SANITARY SEWER GRAVITY MAIN LINES IN LIFT STATION #6 BASIN WITHIN THE CITY OF WILTON MANORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2025-013: (Emergency Management / Utilities) 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 THE AGREEMENT WITH FG CONSTRUCTION, LLC FOR CONCRETE, ASPHALT, STRIPING AND SOD SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2025-015: (Police) 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 THE ADDENDUM AND MONTHLY LEGAL UPDATE & REVIEW™ SERVICE AND LICENSE AGREEMENT WITH POLICE LAW INSTITUTE, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2025-016: (Human Resources) 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 THE ADDENDUM AND SERVICES AGREEMENT WITH GOVERNMENTJOBS.COM, INC. d/b/a NEOGOV; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. End of Consent Agenda PUBLIC HEARINGS Public Hearing for the CDBG 51st Year Projects Capital Projects Administrator Todd DeJesus explained that the primary objective of the Community Development Block Grant (CDBG) program is to develop viable urban and rural communities by improving quality of life, principally for persons earning low and moderate incomes. Tonight is the first of two required public hearings to solicit ideas for CDBG projects.

5 The City anticipates receipt of approximately $75,000 for the current CDBG cycle and is looking for a project within that budget which requires minimal design time and can be constructed quickly. Projects must also offer a benefit for residents with low to moderate incomes. Broward County suggests that the City focus on capital projects which involve large purchases or public improvements. At this time Mayor Newton opened public comment, which he closed upon receiving no input. Mayor Newton added that suggestions may also be sent to Administrator DeJesus via email or phone at any time throughout the year. Vice Mayor Caputo asked if there has been outreach to the City’s neighborhood associations regarding prospective CDBG projects. Administrator DeJesus confirmed that CDBG information would be emailed to the associations’ presidents. The CDBG application deadline has not yet been provided to Broward County municipalities. Broward County must confirm that all CDBG applications are consistent with their criteria as well as federal guidelines. Funding will not be provided until after October 1, 2025, which is the beginning of the next fiscal year. Commissioner D’Arminio recalled that the City is awaiting a $1 million federal grant to install flap gates on some City storm drains, and asked if CDBG funds could be used toward that project as well. Administrator DeJesus confirmed that this could be done if the gates can be installed in one of the eligibility areas, assuming that the project falls within the time frame in which CDBG dollars can be used. Ordinances – First Reading Ordinance No. 2025-002: (Community Development Services) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING THE UNIFIED LAND DEVELOPMENT REGULATIONS (“ULDR”) BY AMENDING ARTICLE 10 “DEFINITIONS”, SECTION 010-030 “TERMS DEFINED”; AMENDING ARTICLE 30 “URBAN CENTER MIXED-USE DISTRICTS”, SECTION 030-030 “DETAILED TABLE OF PERMITTED AND PROHIBITED USES”, AMENDING THE LISTS OF PERMITTED AND PROHIBITED USES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Garcia-Beckford read the Ordinance by title only. Vice Mayor Caputo made a motion to approve Ordinance 2025-02. Commissioner D’Arminio seconded the motion. Community Development Services Director Roberta Moore proposed the following changes to the Ordinance: • P.14, lines 29-32: amend definition to clarify that any use which is part of a pop-up shop

6 is permitted within the zoning district, and that a pop-up shop refers to a temporary space open for a limited time to promote a product, service, or cause • P.24: delete the listing for Restaurant, fast food, and include all restaurants, including sidewalk cafés, under the definition of Restaurant • P.27, lines 13-20: delete proposed language associated with Restaurant, fast food • P.15, lines 12-13: delete proposed definition of Restaurant, fast food Director Moore recalled that at the November 26, 2024 City Commission meeting, there was discussion of the permitted and prohibited use table within Article 30. Based on that discussion, staff was directed to make changes to Articles 10 and 30, which were taken before the City’s Planning and Zoning Board at their January 13, 2025 meeting. That Board unanimously recommended approval of the proposed amendments to the City’s Unified Land Development Regulations (ULDR). Staff proposes the addition of the following definitions: • Banquet hall • Flex space • Green market • Health and fitness center • Incubator space • Pop-up shops Amendments to the permitted and prohibited use table include but are not limited to: • Addition of arcade, amusement center, or game room as a permitted use in all districts • Addition of banquet hall as an accessory use • Clarifying boat or water vehicle rental sales for both motorized and non-motorized items • Separating coffee shops/tea houses with and without drive-through facilities • Consignment/thrift shop as a permitted use • Addition of crematory for animals or humans as not permitted • Change daycare in the Wilton Drive Arts & Entertainment District from conditional to prohibited • Amend dwelling units to be consistent with the generalized permitted uses in Article 30 • Add embalming for either animal and/or human as not permitted • Delete flea market, bazaar, and merchandise mart from the table, as these terms apply to events rather than uses; a business or property owner may apply for a special event permit in order to hold one of these events • Amend food and/or beverage cart to include trucks • Delete fortunetelling as a separate use and combine it with another use • Amend garden center, greenhouse, and nursery in the Wilton Drive Arts & Entertainment District from permitted to prohibited • Amend general repair and service shop in Wilton Drive Arts & Entertainment District from permitted to prohibited • Add health and fitness center – indoor as a permitted use • Amend home improvement center from not permitted to conditional use • Add incubator space and instruction for fine arts, sports and recreation, dance, music, and

7 theater as a permitted use • Amend laboratory, research, or experimental from permitted to conditional use • Amend self-serve laundromat from permitted to conditional use • Add liquor/alcohol/beverage store or package liquor store and state-licensed massage or health spa as a permitted use • Consolidate psychic consulting, which includes fortunetelling, palm reading, and Tarot cards, as a single designation • Add tattoo and/or body piercing as a permitted use • Delete ticket agency as a permitted use • Delete watercraft rental, non-motorized as a specific use, as it is consolidated into boat/water vehicle use Additional specific use provisions include: • Specific use provision #5 provides clarification to the Code Section which references generalized permitted uses in Article 30 • Specific use provision #6 is proposed for deletion, as it required laundromats to be located only within mixed-use buildings • New provision #11 provides for clarification of food and/or beverage cart and truck • Provision #20 includes square footage requirements for home improvement centers The Commissioners discussed the presentation, with Commissioner Bracchi requesting clarification of specifications for pop-up shops. Director Moore explained that pop-up shops are of a temporary nature and may be located within a commercial center. A business tax receipt (BTR) would be issued for them. This use is already included in the permitted use table and would follow those requirements for parking. Director Moore continued that food carts or trucks are permitted if the business has an existing restaurant license. A food truck representing a business not located in the City can be allowed on another business’s property if they have a special event permit. Commissioner D’Arminio requested additional information on green markets, pointing out that while the proposed definition refers to these as indoor gatherings, most such markets in Florida are outdoors. Director Moore explained that this would be a permanent use, while an outdoor market would traditionally be a temporary use of special event. Commissioner D’Arminio also recalled that a specific distance separation is required between houses of worship and bars or other types of alcohol sales. Director Moore confirmed that this requirement is in an entirely separate portion of Code which addresses commercial districts. Commissioner D’Arminio also requested additional clarification on where kayaks would fall under the category of water vehicles. Director Moore advised that this can be clarified at second reading of the proposed Ordinance. Commissioner D’Arminio addressed the City’s Transit-Oriented Corridor-West (TOC-West), noting changes to requirements for free-standing multi-family dwellings which front onto a primary street. He requested clarification of whether this is a permitted use or is limited to mixed-

8 use in the TOC-West. Director Moore explained that the table including all dwellings mirrors the last Ordinance adopted by the Commission, but can be revisited before second reading to ensure consistency. Commissioner D’Arminio recalled that both the TOC-West and the Wilton Drive Arts & Entertainment District require mixed use for all developments, while the proposed amendments seem to suggest that multi-family development does not need a commercial component in those districts. Director Moore confirmed that this would also be checked prior to second reading. Vice Mayor Caputo asked if food trucks parked in paid parking spaces or within the public right- of-way would be required to have special event permits, or if that requirement is limited to private property. City Attorney Ezrol clarified that Section 509.102 of Florida Statutes addresses certain activities associated with mobile food trucks and commercial kitchens: a municipality may not require licenses, permits, registration, and fees for these businesses, as that is preempted to the state. He concluded that a food truck could conduct business on a public right-of-way. Vice Mayor Caputo expressed concern that there may be additional regulations and fees for food trucks operating on private property but not those on public property. City Attorney Ezrol further clarified that the State Statute does not differentiate between public and private property, but specifically addresses activity. He concluded that he and Director Moore would discuss this item further. Vice Mayor Caputo also addressed adult entertainment establishments, requesting clarification of how certain activities might avoid being categorized in this way. He asked what would protect a business from a claim that it operates as an adult establishment. City Attorney Ezrol provided a historical perspective, advising that in the past, the City agreed to revise its adult entertainment Ordinance in response to a suit. Definitions and provisions were updated based on existing case law at that time. City Attorney Ezrol continued that many of the concerns raised by the Vice Mayor have been consistently determined to be First Amendment-protected speech. This was the basis for the City’s existing adult entertainment Ordinance, which may have been slightly modified since that time. Vice Mayor Caputo requested clarification of how Code allows some businesses to operate under the existing Ordinance. Director Moore explained that when the City collects BTR applications, they also obtain a business plan which lists the business’s intention. The plans are used to categorize the proposed uses. City Attorney Ezrol advised that he was not aware of any potential issues facing existing or prospective businesses at this time. The City Commission may wish to change its list of permitted uses or definitions if challenges arise or are anticipated; however, he could not speculate on the type of amendment to Code which might be required. He advised that he would need to review Article 7 in depth. Vice Mayor Caputo also requested clarification of whether or not it is the Commission’s intent to assure existing businesses that they are safe in the City. There was consensus that the Commission

9 would be supportive of those businesses. Vice Mayor Caputo added that he was in favor of not listing specific activities in Code that could potentially be prohibited. City Attorney Ezrol noted that this was not included in the Ordinances advertised for discussion at tonight’s meeting, and was likely to require revisions of definitions, which could require re- advertisement of the Ordinance before the Commission tonight. It was clarified that definitions related to pop-up shops and watercraft would be further clarified upon second reading. City Attorney Ezrol recommended tabling the Item to a date certain. Vice Mayor Caputo made a motion to table Ordinance 2025-02 until March 11, 2025. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (4- 0). RESOLUTIONS Resolution No. 2025-014: (Emergency Management / Utilities) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, RATIFYING AND APPROVING THE WAIVER OF THE COMPETITIVE PROCUREMENT EXEMPTION; APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO PAY THE INVOICE FROM DAVID MANCINI & SONS, INC. FOR THE EMERGENCY REPAIR OF LS-11 FORCE MAIN RUPTURED PIPE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Garcia-Beckford read the Resolution by title only. Vice Mayor Caputo made a motion to approve Resolution 2025-14. Commissioner D’Arminio seconded the motion. City Manager Henderson provided an overview of this Item, which authorizes expenses related to the emergency purchase of contractual services following a force main rupture on 16 Avenue. Code recognizes emergency purchases as exempt from competitive procurement requirements. The payment is for $62,659.75, which includes labor and materials associated with the emergency repair. The motion prevailed by unanimous roll call vote (4-0). UNFINISHED BUSINESS Discussion of Future TOC Workshop (requested by Vice Mayor Caputo) City Manager Henderson explained that one strategic goal in 2025 is a request to reevaluate the totality of Article 30, possibly in a workshop setting specific to this purpose. This will require additional time from the City Attorney as well as City staff. She requested clarification of specific items in Article 30 that the Commission would like to place on that Agenda, as well as any supporting materials they may wish to see from staff. Items raised at previous Commission

10 meetings include: • Permitted height in certain areas along Andrews Avenue within the TOC-West • Dividing Oakland Park Boulevard and Andrews Avenue into two separate zoning districts • Discussions on parking The Commissioners requested that the following additional items be included: • Parking dimensions and requirements in comparison to those of neighboring cities, including compact and motorcycle spaces • Discussion of 45 ft. required setbacks, particularly in the TOC-West on Oakland Park Boulevard • Discussion of the TOC-West requirement for mixed use, which may not be appropriate on all corridors • Addressing the conversion of a rental building to a condominium, particularly with respect to the provision of affordable housing, within the TOCs • Zoning changes in the Colohatchee area to make zoning consistent with that area’s TOC land use • Reconsideration of Article 20 building requirements in non-TOC areas, including minimum square footage for residential units that is smaller in residential neighborhoods than the requirements within the TOCs City Manager Henderson advised that following tonight’s meeting, staff would review the hours they would need to invest in these topics to bring them forward in a workshop format and provide the Commission with an estimated number of hours. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Henderson advised that the City’s Charter requires the City Commission to confirm the appointments of Department Directors. She recommended the appointment of Carol Conol as the City’s next Finance Director. Vice Mayor Caputo made a motion to confirm Carol Conol as Finance Director. Commissioner Bracchi seconded the motion, which prevailed by unanimous roll call vote (4-0). City Manager Henderson continued that a workshop is planned for February 18, 2025 at 5:30 p.m. in Hagen Park. The City will facilitate a discussion, hosted by Broward County, on the use of $20 million in surtax funding for Andrews Avenue. Wilton Manors has adopted a Transportation Master Plan outlining the City’s vision for that corridor. The project would extend from Oakland Park Boulevard to Sunrise Boulevard, including a portion of Fort Lauderdale. City Manager Henderson emphasized the importance of sharing the City’s vision for the Andrews Avenue corridor and advocating for the community’s future needs. Residents are invited to attend and to send any comments to the City Manager’s Office. City Attorney’s Report