Regular City Commission Meeting (2024-09-24)

MINUTES REGULAR CITY COMMISSION MEETING Tuesday, September 24, 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 Chase Anderson led the Pledge of Allegiance. Chase is the son of Information Technology (IT) Director John Anderson and is working toward an Eagle Merit Badge in Communications. ROLL CALL Assistant City Clerk Patricia Staples called the roll. Present were Mayor Scott Newton, Commissioner Chris Caputo, Commissioner Don D’Arminio, Commissioner Paul Rolli, and Vice Mayor Mike Bracchi. Also in attendance were City Manager Leigh Ann Henderson and City Attorney Kerry Ezrol. Mayor Newton recognized outgoing City Clerk Faith Lombardo, who has served the City of Wilton Manors for seven years. He thanked her for her years of service and extended best wishes for the future. ADDITIONS / CHANGES / DELETIONS None. PROCLAMATIONS Hispanic Heritage Month / Latinos Salud Mayor Newton read a Proclamation recognizing September 15 through October 15, 2024 as Hispanic Heritage Month in Wilton Manors. He also recognized the organization Latinos Salud for its service to the community.

Election Proclamation Mayor Newton read a Proclamation designating Tuesday, November 5, 2024 as City Election Day. He urged all residents to vote in the upcoming election. COMMENTS FROM THE PUBLIC At this time Mayor Newton opened public comment. Adrienne Foland, 440 NE 23 Street, strongly emphasized the role of the City’s employees in the quality of life enjoyed by Wilton Manors residents and felt the increase in the City’s budget for City employees’ salaries and/or cost of living adjustment (COLA) should be higher. She suggested that residents who can afford to do so make an additional payment to the City for this reason. Mike Sansevero, 1425 NE 23 Street, candidate for Mayor, stated that the City’s Community Affairs Advisory Board (CAAB) had developed the concept of recognizing specific honorees during Hispanic Heritage Month. He congratulated Latinos Salud for its work in the Wilton Manors community and noted that October 2024 would be LGBTQ+ History Month. Ron Falk, 801 NE 18 Court, president of the Wilton Manors Business Association (WMBA), provided an update on upcoming events. There will be a Wilton Manors Candidate Forum on Wednesday, October 2, 2024 at the Community Center at Hagen Park at 7 p.m. All three Mayoral candidates will be present at this event. On Monday, October 14, 2024, WMBA will hold a Business and Leadership Awards ceremony. The fifth annual WMBA Holiday Spectacular will be held on Monday, December 9, 2024 at Richardson Park. WMBA will celebrate its 75th anniversary in 2025. Mark Beigay, 605 NE 28 Street, candidate for Mayor, stated that he looked forward to serving the public and working with City employees. With no other individuals wishing to speak at this time, Mayor Newton closed public comment. Mayor Newton noted that he is a candidate for reelection as Mayor of Wilton Manors. CONSENT AGENDA Commissioner Caputo pulled Resolution 2024-120 for discussion. Commissioner Rolli made a motion to approve the remainder of the Consent Agenda. Commissioner Caputo seconded the motion, which prevailed by unanimous roll call vote (5-0). CONSENT RESOLUTIONS Resolution No. 2024-113: (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,

FLORIDA APPOINTING ONE MEMBER TO THE PENSION BOARD OF TRUSTEES OF THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-114: (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, CONFIRMING, AS A MINISTERIAL FUNCTION, THE APPOINTMENT OF THE ELECTED POLICE OFFICERS’ REPRESENTATIVE TO THE CITY OF WILTON MANORS PENSION BOARD OF TRUSTEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-115: (City Manager) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF WILTON MANORS AND THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-116: (Finance Department) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF WILTON MANORS AND THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-117: (Finance Department) 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 THIRD AMENDMENT TO THE PROFESSIONAL ENGINEERING AND CONSULTING SERVICES AGREEMENT WITH CALVIN, GIORDANO & ASSOCIATES, INC., TO AUTHORIZE THE CITY MANAGER TO EXPRESSLY AUTHORIZE ADDITIONAL TASK ORDERS UP TO $30,000.00, SUBJECT TO THE TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-118: (Finance Department) 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 EIGHTH AMENDMENT TO THE PROFESSIONAL ENGINEERING AND CONSULTING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. TO AUTHORIZE THE CITY MANAGER TO EXPRESSLY AUTHORIZE ADDITIONAL TASK ORDERS UP TO $30,000.00, SUBJECT TO THE TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Resolution No. 2024-119: (Finance Department) 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 SIXTH AMENDMENT TO THE CONTINUING AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC. TO EXPRESSLY AUTHORIZE ADDITIONAL TASK ORDERS UP TO $30,000.00, SUBJECT TO THE TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-121: (Emergency Management / Utilities) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE SOVEREIGNTY SUBMERGED LANDS EASEMENT AGREEMENT WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE PROPERTY IDENTIFIED AS A PARCEL OF SOVEREIGNTY SUBMERGED LAND IN SECTION 26, TOWNSHIP 49 SOUTH, RANGE 42 EAST, IN SOUTH FORK OF MIDDLE RIVER, BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2024-122: (Community Development Services) (Police) (Finance) 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 TO THE ORDER FORM AND SERVICE AGREEMENT WITH ONLINE SOLUTIONS - CITIZENSERVE LLC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motion to approve the disbursement of Law Enforcement Forfeiture Trust Funds (LEFTF) Expenditures for FY 2024/25 Motion to approve updates to the City’s Personnel and Safety Rules and Regulations Items Pulled from the Consent Agenda Resolution No. 2024-120: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, READOPTING THE CONSOLIDATED FEE SCHEDULE FOR THE CITY CLERK'S OFFICE; AMENDING THE FEE SCHEDULE FOR THE POLICE DEPARTMENT; AMENDING THE FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT SERVICES DEPARTMENT; AMENDING THE FEE SCHEDULE FOR THE LEISURE SERVICES DEPARTMENT; AND AMENDING THE FEE SCHEDULE FOR THE FINANCE DEPARTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Caputo made a motion to approve Resolution 2024-120. Commissioner D’Arminio seconded the motion. Commissioner Caputo stated that he strongly opposed doubling the City’s Special Event

Application fee, which is the largest increase associated with this Resolution. He asserted that special events are the lifeblood of the City and serve to showcase its unique culture and spirit. Commissioner Caputo felt Wilton Manors can hold more events that attract tourists as well as future residents and will serve to broaden the tax base. He continued that special events are a “win/win” for everyone, and suggested that non-residents’ rates for renting the Richardson House and other City facilities could be raised instead. Commissioner Caputo emphasized again that he did not support any increase in the Special Event Application fee. He was willing to hear feedback from City staff regarding what an increase in non-resident rates might look like, and recommended increasing non-residents’ Dog Park fees by another $10 to $15 to offset costs. Vice Mayor Bracchi agreed, commenting that the City’s goal should be service to the public. He noted that while permit fees may present an opportunity to recoup costs, he did not feel Special Event Application fees should be used for this purpose. He also agreed that many non-resident fees should be double their current amounts, citing the Dog Park, tennis courts, athletic fields, fitness center, and park facility rentals as examples. Commissioner Rolli asked if the City typically charges or waives Special Event Application fees. Leisure Services Director Michelle Parks replied that these fees are charged. Commissioner Rolli advised that he would also support maintaining special event fees at their current rate. He agreed that Dog Park fees are too low, pointing out that the annual cost of maintaining that facility is roughly $24,000. 46% of Dog Park users are non-residents. Commissioner Caputo advised that while he was in favor of raising non-residents’ Dog Park fees, he was not certain that this amount should exceed $100. The current non-resident rate is $70. Commissioner D’Arminio stated that he felt the current proposed increase to $70 would not be sufficient. Commissioner D’Arminio recalled that the fiscal year (FY) 2023-2024 budget had included an allocation of $150,000 for artificial turf at the Dog Park. He added that he would also like to limit the number of non-residents allowed to use the Dog Park. He concluded that he would like to see the non-resident Dog Park fee raised to over $100. Commissioner Rolli noted that 166 residents are registered users of the Dog Park, while 145 users are non-residents. He pointed out that if non-residents are “priced out” of using the facility, this would place a greater burden on residents to fund the Dog Park’s maintenance. Mayor Newton advised that he was comfortable with raising the non-resident rate to $100. Commissioner D’Arminio reiterated that he would like to see this amount raised higher. Vice Mayor Bracchi agreed with Commissioner D’Arminio, and stated again that non-residents’ fees for use of other City facilities should also be raised. Commissioner Caputo cautioned that if non-residents’ rates are raised too high, the City could begin to lose that source of revenue. He suggested that the non-resident rate be raised to $125.

Commissioner D’Arminio agreed, stating that Fort Lauderdale users in particular could be asked to pay an increased rate for use of the Dog Park. The Commissioners agreed by consensus to raise the non-residents’ Dog Park rates to $120/year. Vice Mayor Bracchi also addressed fees for extra dogs at the Dog Park, asking if the Commission wished to modify these amounts. The fee is currently $15 for residents. He advised that he would like to see this rate lowered to the cost of the fob only for residents. There was also Commission consensus to lower this rate to $0 for residents and add $15 to non-residents’ fees for more dogs. Commissioner D’Arminio continued that he felt the Special Event Application fee should remain the same. He referred to a $150 fee listed as “meter check” and requested clarification of this item. Community Development Services Director Roberta Moore explained that Florida Power and Light (FPL) requires municipalities to verify changes of service. This fee would cover the cost of verification and is based on staff time. Commissioner D’Arminio also noted that the fee for administrative Site Plan approval would be raised from $250 to $600. He requested information on this change as well as on a line item for minor Site Plan review. Director Moore replied that administrative Site Plan approval is provided by the Community Development Services Director, while minor Site Plan review goes before the City’s Development Review Committee (DRC). Commissioner Rolli asked if all fees addressed by the Resolution are based on staff time. Director Moore confirmed this is the case for all Community Development Services fees. There was additional discussion of fees associated with the Leisure Services and Police Departments. Vice Mayor Bracchi asserted that non-residents’ rates should be double the residents’ rates for all City facilities. Commissioner Caputo stated that he would support this proposal. Director Moore requested that the Commission address Leisure Services fee increases on a section- by-section basis for greater clarity. The Commissioners agreed by the consensus on the following changes: • Tennis courts: individual league memberships would increase from $175 to $250 for non- residents; daily use of asphalt courts would increase from $8 to $12; daily use of clay courts would increase from $10 to $16 • Fitness center: individual memberships for non-residents would increase from $175 to $250; monthly memberships would increase from $20 to $30; daily memberships would remain the same • Dog Park registration: individual memberships would increase from $70 to $120; the additional dog fee for residents would be $0 and $45 for non-residents; a lost key fob would cost $10 for residents and $20 for non-residents • Non-motorized boats: this fee would remain $250 • Athletic fields: residents’ fees at Mickel Park are $35 while resident nonprofits are $25; non-residents’ fees would increase to $75 and non-residents’ nonprofits would remain $35 • Wilton Manors Elementary fields would increase from $45 to $60 for non-residents; lining of softball/kickball fields would increase from $35 to $40 for non-residents

• Hagen Park Community Center fees would increase from $140 to $200 for non-residents and one-third of the room would increase from $45 to $60, two-thirds of the room from $85 to $120 • City Park Preserve would increase from $105 to $150, all for non-residents • Cultural Center: non-residents’ rates would increase from $80 to $100 • The proposed fee for Mickel Park would be deleted • Richardson Historic Park: use of the Manor House would increase from $225 to $350; the Carriage House would increase from $225 to $350; both buildings together would increase from $350 to $600; facility setup would be provided at an hourly rate, and recreation participant parking passes would increase from $40 to $60 • Pavilion reservations for Hagen Park: increase from $75 to $100 for all-day use; Island City Park Preserve (ICPP) from $75 to $100; Richardson Park from $250 to $400; Mickel Park concession stand will remain $100; Mickel Park splash pad area pavilion will also remain the same; Mickel Entertainment Pavilion will increase from $70 to $80 per hour for a three-hour minimum rental • Special Event Application fee: there was Commission consensus to leave these rates the same • Yard sales: there was Commission consensus to make no changes to these rates, which are currently $50 and $60 for residents and non-residents respectively • Library meeting room: this cost would increase from $20 to $30 per hour; non-residents’ rates for the meeting room and copy services per page would increase to double the residents’ rates; all library-related fees would double for non-residents Director Parks addressed costs related to key fobs, explaining that depending upon the vendor, the City pays between $4 to $8 per fob. Commissioner Caputo requested clarification of the reason the facility setup fee would be deleted for Richardson Park. Director Parks explained that this service was eliminated due to lack of use. She pointed out that many rentals occur on weekends when there are not sufficient City park rangers to provide setup; additional staff would have to be brought in to perform this service. Mayor Newton and Commissioner D’Arminio agreed that the City should offer facility setup in case an entity wishes to use it. It was determined that this labor would be provided at an hourly rate. Commissioner Caputo asked if there is a reason the City does not charge a higher rate for staff labor for non-residents. Director Parks advised that additional custodial or maintenance staff costs are provided for some rentals. Staff charges the same labor rate for all special events. Vice Mayor Bracchi asked if there is a fee for library card holders who are Broward County residents but not Wilton Manors residents. Director Parks replied that she would look into this further and provide information. She also clarified that an individual who holds a Broward County library card must procure a separate card for use of the Wilton Manors library. Commissioner Rolli pointed out that while the Commission is changing fees, they may not be fully aware of the usage of those services. He recommended that use be tracked for purposes of

comparison, which would help determine whether or not fees are too high or too low. He did not want to lose significant revenue due to increased fees. Commissioner Caputo observed that if revenue remains flat after rates are raised, this means the City has created greater availability for residents. Vice Mayor Bracchi requested clarification of the effective date of the increases, should the Resolution pass. Director Moore replied that they would take effect on October 1, 2024. Commissioner D’Arminio commented that new water and sewer rates are scheduled to take effect on October 1 as well, and asked what type of notification was provided to residents regarding this change. Assistant Finance Director Carol Conol stated that notice of the rate increase was sent on the back of utility bills during the third cycle of August and all three cycles of September 2024. The rates themselves were not included in those notices, as they are on the Agenda of tonight’s Commission meeting. Commissioner Caputo noted that while the City saw a 22.5% increase in the cost of Fort Lauderdale’s water and sewer services, much of this increase was absorbed by the City rather than being passed on to customers. City Manager Leigh Ann Henderson added that this is the second consecutive year that Fort Lauderdale has increased water purchase rates by 22.5%, although residents saw a rate increase of only 7%. Fort Lauderdale has increased rates to its own residents by 22.5%. Resolution 2024-120 passed by unanimous roll call vote (5-0). End of Consent Agenda PUBLIC HEARINGS Ordinance No. 2024-004: (Community Development Services) (Police) (Second Reading) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED “ADMINISTRATION,” SECTION 2-25 “LIEN REDUCTION PROCEDURES;” PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant City Clerk Staples read the Ordinance by title only. Commissioner Caputo made a motion to approve Ordinance 2024-004. Commissioner D’Arminio seconded the motion. At this time Mayor Newton opened the public hearing, which he closed upon receiving no input. City Manager Henderson explained that this Ordinance was tabled at a previous meeting. Since that time, two changes have been made: the Ordinance now provides an opportunity for tenants to provide financial hardship statements, and applicants are now required to provide public notice of a lien reduction request to neighbors within a 300 ft. radius.

City Manager Henderson also requested an additional change: while the Ordinance refers to a $200 application fee, approval of Consent Resolution 2024-120 changes this fee to $225. She asked that the Ordinance be updated to reflect this change. Commissioner Rolli asked what entity is responsible for paying public notice costs. It was confirmed that this would be the applicant’s responsibility. Mayor Newton expressed concern with the notice radius of 300 ft., pointing out that most Code infractions affect neighboring properties only. Vice Mayor Bracchi also felt the 300 ft. radius would be overly burdensome to applicants, as it would affect multiple buildings. City Attorney Kerry Ezrol recalled that the notice requirement was an outgrowth of a prior discussion by the Commission, at which he had perceived there to be Commission direction to add language requiring notice within a radius. The provision is modeled on the requirements for notification of development orders and other site-specific needs. There are companies that would provide this service for an applicant and furnish an affidavit to City staff to confirm that notice was sent in compliance with requirements. Notice would be required before an applicant goes before the Special Magistrate. City Attorney Ezrol continued that the Ordinance also addresses appeals of Special Magistrate decisions which are heard by the City Commission. He added that he had raised the concern that the City could be opening up cases to procedural or due process concerns, which led to the discussion of having all evidence considered at the time the Special Magistrate initially rules on that application for lien reduction. Vice Mayor Bracchi asked how many applicants are typically at a Special Magistrate lien reduction hearing. City Attorney Ezrol further clarified that an applicant first appears before the Special Magistrate; they then have the right to appeal the Special Magistrate’s decision to the City Commission. City Manager Henderson estimated that recent Special Magistrate hearings have included five to six applicants. Vice Mayor Bracchi also asked for the estimated cost of public notice. Community Development Services Director Moore replied that this depends upon the number of properties that must be given notice, as well as the cost of the individual company selected by the applicant to provide notice. Vice Mayor Bracchi reiterated that he felt this could be overly burdensome for applicants. Commissioner Rolli asked what would happen if an applicant does not comply with the notice requirement. City Attorney Ezrol explained that this would be a requirement of any case proceeding to the Special Magistrate. Commissioner Rolli stated that he also felt this was too burdensome a requirement for applicants. Mayor Newton pointed out that in the past, some neighbors of properties that appear before the Special Magistrate have indicated they were unaware of these hearings. Commissioner Rolli

asserted that these individuals can contact Code Enforcement to seek more information on neighboring problem properties, including whether or not those properties are scheduled for a Special Magistrate hearing. Commissioner D’Arminio suggested that notice be required to adjacent properties only, as they are the most impacted by Code violations. Commissioner Caputo felt that these neighbors would already be aware of properties that violate Code. Vice Mayor Bracchi commented that notice to neighbors may be less important to the Special Magistrate process than the City process, and proposed providing notice of lien reduction requests via email blasts. City Attorney Ezrol cautioned that a court could potentially take issue with this procedure, as the Commission is limited to information on the public record from the Special Magistrate hearing. There was a Commission consensus to remove the notice requirement from the Ordinance. The Ordinance passed by unanimous roll call vote (5-0). Ordinance No. 2024-009: (Community Development Services) (Second Reading) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING THE UNIFIED LAND DEVELOPMENT REGULATIONS (“ULDR”) BY REPEALING ARTICLE 35 “TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT”; AMENDING ARTICLE 40 “URBAN INFILL/REDEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DISTRICT” BY AMENDING SECTIONS 040-050 “SITE DEVELOPMENT STANDARDS”, 040-070 “PROCEDURES FOR REZONING TO URBAN INFILL/REDEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DISTRICT”, 040-080 “PRELIMINARY SITE PLAN SUBMITTAL REQUIREMENTS”, 040-100 “CHANGES IN THE APPROVED FINAL SITE PLAN AND/OR PUD DOCUMENT”, 040-110 “PERFORMANCE BONDS AND OTHER GUARANTEES”, 040-120 “FAILURE TO BEGIN OR CONTINUE PLANNED UNIT DEVELOPMENT”, AND 040-130 “EXCEPTIONS”; AND AMENDING ARTICLE 145 “SIGNAGE REGULATIONS”, BY AMENDING SECTION 145- 050 “GENERAL SIGNAGE REGULATIONS”; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant City Clerk Staples read the Ordinance by title only. Commissioner Caputo made a motion to approve Ordinance 2024-009. Commissioner D’Arminio seconded the motion. City Manager Henderson explained that this Ordinance addresses Unified Land Development Regulations (ULDR) Articles 35 and 40; specifically, exceptions on Traditional Neighborhood Overlay District (TNOD) and Transit-Oriented Development (TOD) projects. A presentation was provided on this Item at the September 10, 2024 Commission meeting. Commissioner D’Arminio requested clarification that a process is in place to allow administrative

Site Plan adjustments. Director Moore confirmed that this is addressed under Article 85. The Ordinance prevailed by unanimous roll call vote (5-0). RESOLUTIONS Resolution No. 2024-123: (City Manager) 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 THIRD AMENDMENT TO AGREEMENT WITH HGI TECHNOLOGY SERVICES LLC FOR INFORMATION TECHNOLOGY CONSULTANT SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Assistant City Clerk Staples read the Resolution by title only. Commissioner Caputo made a motion to approve Resolution 2024-123. Commissioner Rolli seconded the motion. City Manager Henderson advised that this Resolution authorizes a contract extension to the City’s outgoing IT consulting firm to serve during a period of transition estimated at 30 to 60 days. The Resolution prevailed by unanimous roll call vote (5-0). UNFINISHED BUSINESS None. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Henderson thanked outgoing City Clerk Faith Lombardo on her years of service to the City and in the next phase of her working life. She has served the Wilton Manors community while attending law school and passing the bar exam. City Attorney’s Report City Attorney Ezrol provided an update on litigation concerning Form 6, noting that the City joined a suit of multiple Florida municipalities which challenged a requirement for elected officials to file Form 6 financial disclosures instead of Form 1. Both a federal and a state case were filed, although the City is not a party to the federal case, which was filed by individual elected officials. On June 10, 2024, the judge in the federal case entered a statewide preliminary injunction enjoining the Florida Commission on Ethics from enforcing the Form 6 requirement while the federal suit is pending. No appeal has been taken thus far, and there has been compliance with the injunction. A

case management conference was held on August 22, 2024, at which preliminary issues were discussed. All parties agreed that the matter can be decided by summary judgment rather than trial. Motions are due on October 11, responses due on October 25, and replies are due on November 8, 2024. The court is then likely to set a hearing date and a ruling is expected by the end of the year or in early 2025. In the state case, the defendants filed a motion to dismiss on April 1, to which the plaintiffs have responded. The presiding judge was transferred to a different division and a new judge has been appointed; however, he is the father of one of the attorneys for the defendants in the Attorney General’s Office who wrote and signed the defendants’ motion to dismiss. Although that individual recently left the Attorney General’s Office, some concern remained. Case management was held on September 19, 2024 and the judge recused himself from hearing the case, which means it must be reassigned once more. Updates will continue as they are received. NEW BUSINESS Discussion and possible action on Code Enforcement Lien 2212-2308 N Dixie Highway City Attorney Ezrol explained that this case is not an appeal of a Special Magistrate’s lien reduction order, as the time frame in which that must be done has already expired. Under Chapter 162 of Florida Statutes, the governing body of the City holds the lien, and the City Commission has not delegated authority to make a decision to the City Manager or any other party. What is before them is a request to modify the lien through a purely legislative decision. Code Compliance Supervisor Abel Alberro stated that at the January 10, 2024 Special Magistrate hearing, the subject property of Case 23-3015 was found to be in violation for work without permits. An air conditioning (AC) unit was installed on the property. The Applicant was given a deadline of March 10, 2024, to comply and would otherwise face a fine of $250/day. Because the case was not brought into compliance during that time frame, it was rescheduled for the May 1, 2024 hearing to have the fine certified. The liens on the subject property have been recorded by the Broward County Clerk of Courts, and the property was determined to be in compliance on May 14, 2024, after being non-compliant for 64 days. This meant the fines had accrued to $16,000. The fines were certified and recorded before the Special Magistrate. The subject property was most recently inspected by the Code Compliance Supervisor on May 14 and found to be compliant with no outstanding issues. Code Compliance staff was estimated to have expended approximately seven hours in relation to this case. Staff costs came to $909, bringing the total amount due to $16,909. A lien reduction hearing was held on July 10, 2024 in City Commission Chambers. The Special Magistrate reduced the lien to 50% plus staff costs, or $8909. Commissioner D’Arminio noted that all notices relating to this case were sent to the property’s landlord, although the tenant was ultimately responsible for the violation. No appeal was made

because the tenant was not given notice. Supervisor Alberro clarified that notice was posted on the subject property as well as sent to the property owner via certified mail to the address on file at the Broward County Property Appraiser’s Office. The notice of violation hearing was sent by certified mail on September 27, 2023, but was never delivered by the Postal Service, although the property was posted. A notice of hearing on December 6, 2023, which was cancelled, was also sent, and receipt was signed. A notice of hearing on January 10, 2024, was sent by certified mail on December 4, 2023, to the property owner, but is still listed as being in transit. The property was posted once more for that hearing. The Special Magistrate found the property to be in violation on July 10, 2024. A representative of the property was present at the hearing. The final order was sent via certified mail and was delivered on January 22, 2024. The property was also posted at that time. Vice Mayor Bracchi requested clarification of the time frame a property owner has, upon receipt of notice, to file a lien reduction request before the City Commission. City Attorney Ezrol replied that there is a 10-day deadline following the Special Magistrate’s ruling. He further clarified that the Applicant in this case did not meet that deadline, which is why tonight’s Item is not considered a lien reduction request. Supervisor Alberro added that the Special Magistrate hearing for the lien reduction was held on July 10, 2024. The mailing was listed on July 11 as “still in transit,” but notice was posted on the property by that time. Commissioner Caputo noted that there may also be days in which no one is present at the subject property, which makes delivery a challenge. Supervisor Alberro explained that this is why the notice is given in multiple ways, including emails to the management company; however, the legal means of service are posting on the property and certified letters. Notice was posted on the front door of the property. City Attorney Ezrol advised that the tenant’s address is not relevant for the purposes of Code Compliance. Chapter 162 of Florida Statutes requires that notice be given to the property owner at the address listed on the Broward County Property Appraiser’s website. The violation is also recorded against the property owner, not the tenant. Vice Chair Bracchi commented that the property owner in this case may never have received notice, as the certified letter was not delivered. Martin Childers, 2304 N Dixie Highway, Applicant, stated that during the 2020 COVID-19 pandemic, the subject property experienced a total failure of its heating, ventilation, and air conditioning (HVAC) system, which required replacement. They retained a contractor for this work. In 2023, when the Applicant replaced doors on the building and the work was inspected, they were sent a Code violation notice of work without a permit. The first contractor wanted significantly more money to address the problem, which led the Applicant to select a second contractor. The second contractor completed the work, although they missed the compliance date. Mr. Childers concluded that he had asked the Special Magistrate for a reduction, and the lien amount was reduced by 50%. He pointed out that he had missed two dates because notice was not sent to him, nor had he seen postings on the property. He emphasized that the business is a