Regular City Commission Meeting (2025-01-28)

1 MINUTES REGULAR CITY COMMISSION MEETING Tuesday, January 28, 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 Mayor Newton 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, Commissioner Don D’Arminio, and Commissioner Paul Rolli. A quorum was present. Also in attendance were City Manager Leigh Ann Henderson and City Attorney Kerry Ezrol. ADDITIONS / CHANGES / DELETIONS Commissioner Bracchi requested a discussion of employee travel expenses under New Business. PRESENTATION Promotional Swearing-In Ceremony for Sergeant Joseph Prewitt by Chief Gary Blocker Wilton Manors Police Chief Gary Blocker performed the promotional swearing-in ceremony for Sergeant Joseph Prewitt, who joined the Wilton Manors Police Department in 2018. Sgt. Prewitt has been a Field Training Officer, served as an instructor for the Multi-Agency Task Force, and has earned several awards and accolades. COMMENTS FROM THE PUBLIC At this time Mayor Newton opened public comment. Mike Sansevero, 1425 NE 23 Street, addressed a $1 million allocation to the Broward Cultural Division for an Arts and Cultural Festival and special event sponsorship program. The allocation

2 could provide both startup and matching funds for new and existing events, including the Stonewall Pride Parade and Street Festival, Wicked Manors, and more. Broward municipalities may seek up to $50,000 for established arts and cultural events and may apply for multiple events. He encouraged Wilton Manors to look into this option. Steve Simmons, 100 NE 3 Avenue, Fort Lauderdale, attorney representing Wilton West, LLC, stated that this entity owns three properties in the City, each of which is currently subject to Code Compliance liens. He requested placement on a meeting Agenda in February 2025 to attempt to reach a settlement to pay off the liens. City Clerk Garcia-Beckford advised that an additional public comment was received via email and would be attached to the minutes of tonight’s meeting. With no other individuals wishing to speak at this time, Mayor Newton closed public comment. There was consensus from the City Commission that the members were open to further discussion of the liens mentioned above, with the possibility that the Item could be placed on a future Agenda. Mayor Newton also addressed the Broward Cultural Division allocation, stating that the City has already begun working with the Division to seek a portion of the available funds. CONSENT AGENDA Vice Mayor Caputo pulled the Consent Item relating to the Community Affairs Advisory Board for additional discussion. Vice Mayor Caputo made a motion to approve the remainder of the Consent Agenda. Commissioner Rolli seconded the motion, which prevailed by unanimous roll call vote (5-0). CONSENT RESOLUTIONS Resolution No. 2025-08: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, ADOPTING THE UPDATED JOINT OAKLAND PARK/WILTON MANORS CLIMATE ACTION PLAN (CAP); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2025-09: (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO ENACT LEGISLATION TO PROVIDE A PUBLIC RECORDS EXEMPTION FOR MUNICIPAL CLERKS AND EMPLOYEES WHO PERFORM MUNICIPAL ELECTIONS WORK OR HAVE ANY PART IN CODE ENFORCEMENT FUNCTIONS OF A CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motion to approve updates to the City’s Personnel and Safety Rules and Regulations

3 Motion to approve a charitable donation to the Areawide Council on Aging of Broward County (also known as the Area Agency on Aging) in the amount of $13,644 Items Pulled from Consent Agenda Motion to accept CAAB Recommendation of Black History Month Honoree – New Era Masonic Lodge Number 69 Vice Mayor Caputo made a motion to approve the CAAB recommendation. Commissioner Rolli seconded the motion. Vice Mayor Caputo recalled that in previous years, there have been two nominees for the Black History Month honoree, and requested that the Commission also consider honoring an individual as well as the New Era Masonic Lodge. He recommended that resident Jameer Baptiste also be honored in February. There was consensus to add Mr. Baptiste as an honoree. Commissioner Rolli added that the CAAB process for nominating honorees has significantly improved in recent years. The motion prevailed by unanimous roll call vote (5-0). End of Consent Agenda PUBLIC HEARINGS Quasi-Judicial Public Hearing (First Reading) Ordinance No. 2025-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING ARTICLE 20, DISTRICT REGULATIONS, OF THE UNIFIED LAND DEVELOPMENT REGULATIONS OF THE CITY OF WILTON MANORS BY SPECIFICALLY AMENDING SECTION 020-020, ENTITLED "DISTRICT MAP," TO REZONE THE PROPERTY LOCATED AT 824 NE 22 DRIVE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, FROM SINGLE FAMILY (RS-5) TO TWO-FAMILY DUPLEX RESIDENTIAL (RD-10); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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 2025-01. Commissioner D’Arminio seconded the motion. City Attorney Kerry Ezrol reviewed the quasi-judicial process, and any individuals wishing to speak on the Item were sworn in.

4 Community Development Services Director Roberta Moore gave a presentation on the Item, which requests rezoning of the subject properties from RS-5 (Single Family) to RD-10 in order to allow a duplex with three-bedroom units, pools, and garages. The rezoning and Site Plan applications were approved by the Planning and Zoning Board at their December 9, 2024 meeting by 5-1 vote. The Site Plan was approved by 6-0 vote with the condition that screening be added to the balconies to improve neighbors’ privacy. Director Moore reviewed the location of the properties, noting that the rezoning request is consistent with their land use designation. Other RD-10 properties are in the surrounding area. No variances have been requested. The attached Site Plan reflects compliance with RD-10 regulations. David Bennett, 825 NE 20 Drive, Applicant, offered to take questions from the Commission. At this time Mayor Newton opened public comment. Scott Fuller, 812 NE 22 Drive, expressed concern with flooding on the subject property and provided photos of this condition. The neighborhood has also experienced sewer and water system problems. He was also concerned with the proximity of the balconies, which he felt could compromise neighbors’ privacy, and with the potential effect of the proposed development on property values. He opposed duplexes and rental properties in single-family neighborhoods. Cindy Fuller, 812 NE 22 Drive, stated that she was concerned with the loss of single-family homes, which she felt was changing the culture of the community. She also expressed concern for privacy, traffic, and flooding, and requested that homes in the area be permitted higher fence lines in order to improve privacy. Michael Garrett, representing a property owner at 811 NE 21 Drive, shared that owner’s concerns for privacy and flooding. He was also concerned with utility connections on the subject property, and recommended that a wall be required to contain flooding. Mike Elliott, 805 NE 21 Drive, agreed with previous comments. With no other individuals wishing to speak at this time, Mayor Newton closed public comment. The Commissioners discussed the Application, as well as the concerns regarding utilities, flooding, and water retention. Director Moore advised that both the City and County review engineering plans as part of the permitting process. With regard to flood zones, the City’s Building Official reviews plans to ensure that City, County, and federal regulations are met. Water must be retained on all properties. Assistant Emergency Management/Utilities Director Bert Fisher advised that the City is in the process of conducting a service line inventory, which includes identification of the materials used for pipes. This does not affect future development. He noted that there have been few complaints of flooding in the subject area outside catastrophic storms. Most of the City is located in a flood plain.

5 Director Moore explained that all applications are sent to the City’s outside engineering firm for analysis to determine whether sufficient capacity exists. This documentation, which indicates sufficient capacity for the project, is included in the Commissioners’ backup materials. Director Moore clarified that the subject lot is not sufficiently large to accommodate two single- family homes. With regard to fence height, she advised that she will meet again with the presidents of the City’s neighborhood associations in February for further discussion and will bring that item back to the Commission in March; however, this would affect adjacent properties rather than the subject site. Vice Mayor Caputo commented that drainage on the subject property will be an improvement over existing conditions, and noted that a two-story single-family home could be built on the property. Director Moore confirmed that City staff evaluates drainage during construction and may require changes if necessary. The flood plain issue is not limited to any single property. Mayor Newton expressed concern with neighbors’ privacy, and requested that taller plantings be installed on the subject property to improve screening. There was Commission discussion of the privacy measures already proposed by the Applicant, as well as the fact that a single-family home would not be asked to provide these extra measures. Mr. Bennett pointed out that the balconies would be screened and windows louvered to limit visibility of neighboring properties. There was additional Commission discussion of requesting a fence and/or 10 ft. landscaping when building next to single-family homes in the future. It was confirmed that the Applicant would work with Director Moore and staff to determine appropriate rear landscaping and other requirements. City Attorney Kerry Ezrol noted that the Commission’s discussion would require the earlier motion to be amended in order to modify the Site Plan by adding a 10 ft. hedge along the rear property line, as agreed to by the developer. Vice Mayor Caputo amended his motion to include the requirement to which the developer had agreed, which would replace the approved landscape requirements with a 10 ft. hedge along the back fence. Commissioner Rolli seconded the amended motion, which prevailed by unanimous roll call vote (5-0). Mayor Newton advised that Ordinance 2025-01 will be presented for second reading at the February 11, 2025 Commission meeting, where there will be additional opportunity for public comment. UNFINISHED BUSINESS Code Lien Foreclosure Policy and Lien Amnesty Program Discussion Police Chief Blocker gave a brief presentation on two policies proposed for the Commission’s consideration, which follow up on discussions at previous meetings regarding outstanding Code

6 liens as well as a potential amnesty program. Both policies were suggested at the October 8, 2024 Commission meeting. Chief Blocker explained that one consideration is how to categorize and prioritize properties on which liens are accruing. As of January 9, 2025, there were 155 liens attached to properties, totaling over $11 million. Most of these are non-homesteaded properties. A spreadsheet with information on zoning districts, homestead status, case files, and other information was provided in the Commissioners’ backup materials. Staff believes that a foreclosure policy should focus on properties that have been deemed unsafe and present a public hazard. Additional considerations may include the amount of the lien, zoning districts, and legally occupied residential or commercial properties. Staff may conduct quality assurance reviews to ensure complete case files on the properties. Any properties recommended for foreclosure would be reviewed with the City Manager and the Commission. The Commissioners discussed the proposal, including the time necessary for quality assurance review, and the amount to which a lien must accrue before foreclosure is pursued. Foreclosure would only be pursued if there is sufficient equity in the property to make the effort worthwhile. It was determined that pursuit of foreclosure would begin with properties that have much higher fines and work down the list toward lesser amounts. It would not be cost-effective to send cases with lesser liens to the City Attorney’s Office for review, as the cost of review could equal the amount of the lien. There was also suggestion that reviewing 10 cases per quarter could be the goal. Chief Blocker requested Commission direction regarding foreclosure on lawfully occupied properties. There was consensus to pursue these properties if they have accrued significant liens, and to distinguish between commercial and residential properties. Chief Blocker next addressed a possible amnesty program, requesting Commission direction on the acceptable time frame in which an owner may file for amnesty. 79% of properties with liens are non-homesteaded. It was suggested that non-homesteaded properties with small liens could also be eligible, as the expense of litigation could be greater than their liens. City Attorney Ezrol characterized an amnesty program as an opportunity for property owners to correct their Code violations and resolve outstanding balances. Mayor Newton suggested that amnesty be applied differently to homesteaded and non- homesteaded properties, such as offering different reduction percentages. Commissioner D’Arminio recommended further review of the amounts of individual liens, as well as how these amounts are broken out into homesteaded or non-homesteaded properties. Commissioner Bracchi suggested that financial hardship also be a consideration, particularly for homesteaded properties. City Attorney Ezrol advised that as the City’s governing body, the Commission would have the discretion to compromise a lien; however, he did not suggest that this be part of the amnesty program.

7 Review of strategic initiatives for the remainder of 2025 budget year City Manager Henderson recalled that at a previous meeting, the Commission had discussed the importance of refining its priorities as the City enters the final year of its Strategic Five-Year Plan. She referred the Commissioners to a draft document in their backup materials which outlines more focused strategic initiatives, each of which may require decisions, budget considerations, and resources. If the Commission can provide feedback and direction, staff may refine the document for final approval and use the document to guide policy over the next year. The Commissioners reviewed the draft document, with Vice Mayor Caputo and Commissioner Rolli agreeing that the Colohatchee parcels are not viable for affordable housing development. Commissioner Rolli recommended exploring alternatives such as the sale of one of these parcels. There was also consensus not to proceed with an affordable housing study, possibly reaching out to realtors to determine alternatives instead, as well as ensuring timelines are more specific. Commissioner Rolli addressed the City’s library, noting that discussions with Broward County are scheduled regarding this facility and that there may be a need to explore other alternatives to reduce the library’s costs. Vice Mayor Caputo emphasized the importance of including timelines, next steps, or target dates for all strategic items. Commissioner Rolli added that the fiscal responsibility item may include a category exploring potential alternative funding mechanisms, such as state budget appropriations, grants, and tax incentive programs. The latter could be used to encourage development. Commissioner Rolli also addressed the goal referring to a Technology Master Plan, suggesting that this include more specificity regarding ongoing efforts. More detail was recommended for any items which were characterized as “ongoing.” Commissioner D’Arminio added that the Commission may wish to revisit height requirements for TOCs in order to promote economic development in those areas, particularly the TOC-West, and to consider separating Andrews Avenue and Oakland Park Boulevard into separate TOCs with different permitted uses. It was determined that this may be a future Discussion Item or workshop topic. Commissioner D’Arminio concluded that there should be further discussion of implementing backflow valves throughout the entire City. City Manager Henderson explained that the City received a $1 million federal appropriation to install these valves; however, it is possible that these funds may no longer be available from the federal government. It has also been submitted as a state funding request to implement additional valves not addressed through the federal grant. There was consensus from the Commission to continue to seek ways to fund this infrastructure. REPORTS FROM BOARDS AND ELECTED OFFICIALS City Manager’s Report Commissioner Bracchi requested an update on the painting of the Powerline Road Bridge over the north fork of the Middle River. City Manager Henderson replied that the Florida Department of Transportation (FDOT) has approved this project and an artist’s design was approved. The work