5-3-23 Lien discussion

City Hall Commission Chambers 3650 NE 12 Avenue Oakland Park, Florida 33334 MINUTES CITY COMMISSION MEETING MAY 3, 2023, 6:30 P.M. The regular meeting of the City Commission of the City of Oakland Park, Florida was called to order at 6:30 p.m. by Mayor Gordon. ROLL CALL Present: Also Present: Mayor Aisha Gordon City Manager David Hebert Vice Mayor Mitch Rosenwald City Attorney DJ Doody Commissioner Steven Arnst City Clerk Renee M. Shrout Commissioner Tim Lonergan Commissioner Letitia Newbold PLEDGE OF ALLEGIANCE A moment of silence was followed by the Pledge of Allegiance. PROCLAMATIONS Municipal Clerks Week - April 30 - May 6 Commissioner Arnst moved to publish the proclamation. Vice Mayor Rosenwald seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon The proclamation was presented to City Clerk Shrout. Ms. Shrout acknowledged her staff. Mental Health Month Commissioner Lonergan moved to publish the proclamation. Commissioner Arnst seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon The proclamation was presented to Joseph Mustipher, Jr. from Mustijay & Associates.

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 2 Small Business Month Commissioner Lonergan moved to publish the proclamation. Commissioner Arnst seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon The proclamation was presented to Nelson Benitez, owner of American Coffee. Water Safety Month Vice Mayor Rosenwald moved to publish the proclamation. Commissioner Arnst seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon The proclamation was presented to Mary K. Jackson President and Dan Vawter, Vice President of Aqua Champs Swim School. ADDITIONS / CHANGES / DELETIONS City Manager Hebert removed Item 1 from the Agenda to defer it to a future date. Vice Mayor Rosenwald pulled Item 4, Code Lien Settlement for 360 NW 33 Street, from the Consent Agenda to be discussed during Resolutions and Miscellaneous. Commissioner Arnst moved to approve the amended agenda. Commissioner Lonergan seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon PUBLIC HEARINGS: ORDINANCES ON FIRST READING (Item 1 was removed from the Agenda during Additions/Changes/Deletions) 1. Case #CD23-08T "Text Amendment to Amend the Land Development Code to include Sustainability and Resiliency Provisions" - Advertising for this Public Hearing appeared in the Sun-Sentinel April 23, 2023. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA; AMENDING THE CITY’S LAND DEVELOPMENT CODE TO ADDRESS SUSTAINABILITY AND RESILIENCY, BY SPECIFICALLY CREATING SUBSECTIONS 24-3 (I) THROUGH (M) INCORPORATING PURPOSES THAT SUPPORT SUSTAINABLE DEVELOPMENT; AND BY SPECIFICALLY AMENDING SUBSECTION 24-68 ENTITLED "ACCESSORY STRUCTURES AND DETACHED BUILDINGS," TO INCLUDE ADDITIONAL PERMITTED SUSTAINABILITY ITEMS AND CREATING SUBSECTION 24-79.5 ENTITLED "WIND TURBINES" PROVIDING FOR SPECIFICATIONS FOR PERMITTED WIND TURBINES WITHIN THE CITY; AND BY SPECIFICALLY AMENDING SUBSECTION 24-116 ENTITLED "MINIMUM OPEN SPACE REQUIREMENTS," TO PERMIT CERTAIN SUSTAINABLE FEATURES TO COUNT TOWARDS THE OPEN SPACE REQUIREMENT, AND TO AMEND SUBSECTION

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 3 24-119 ENTITLED "ON-SITE STORMWATER RUNOFF" TO INCLUDE NATURAL WATER STORAGE FEATURES; AND BY SPECIFICALLY CREATING SUBSECTION 24-164 (B)(5) ENTITLED "SITE DEVELOPMENT PLAN CONTENTS," TO REQUIRE THE SUBMITTAL OF PROPOSED SUSTAINABLE DEVELOPMENT FEATURES; AND BY SPECIFICALLY AMENDING SUBSECTION 24-245 ENTITLED "GENERAL DEFINITIONS," TO PROVIDE DEFINITIONS FOR CERTAIN SUSTAINABLE DEVELOPMENT FEATURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE The Commission meeting was recessed to hold CRA Meeting. 2. PUBLIC COMMENTS At this time, any person will be allowed to speak on any matter that pertains to City business for a length of time not to exceed four minutes per person. Fitzgerald Budhoo, 720 NE 59th Court, thanked the Commission and City Manager Hebert for their comments; He inquired about expanding the CRA west; He said he was a community representative at Rickards Middle School and suggested the City participate in a groundbreaking event at Rickards Middle School when construction begins after the school year; He requested the City to coordinate activities for youth over the summer break. Chris Fisher, 3711 NE 13th Avenue, commented on how well dressed the Commission members were though noticed board members were not dressing professionally and asked that a dress code be set for board members as representatives of the city. James Crowley [via Zoom] asked Vice Mayor Rosenwald to pull Item 4 as he thought the settlement amount was too low; He discussed the previous approval for the Trulieve item and was perplexed how it was approved since residents elected officials to “follow what we want in our City” . He questioned individual commission reasoning for their vote on the item. City Clerk Shrout read comments that had been submitted into the record: Michael Orlando, stated his objection to the zoning change for BBX Oakland Logistics Park because it was incompatible with the condominium complex across the street. Craig White, thanked the City for the new dog park on NE 38th Street. CONSENT AGENDA Commissioner Lonergan moved to approve the Consent Agenda, consisting of Items 3, 5, and 6 Commissioner Arnst seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon 3. Approval of Minutes - March 15, 2023 Approved on consent.

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 4 (Item 4 was pulled from the Consent Agenda during Additions/Changes/Deletions) 4. Code Lien Settlement for 360 NW 33 Street 5. Renewal of Fleet Maintenance and Repair Services Agreement with Truck Masters Adopted on consent. The resolution, as adopted, carried the following title: RESOLUTION R-2023-074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO PIGGYBACK AGREEMENT FOR FLEET MAINTENANCE AND REPAIR SERVICES AS NEEDED BETWEEN THE CITY OF OAKLAND PARK AND TRUCK MASTERS, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 6. Continuing Services Contract Renewals for Environmental Sustainability, Resiliency and Green Initiatives Consulting Services Adopted on consent. The resolution, as adopted, carried the following title: RESOLUTION R-2023-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL ENVIRONMENT SUSTAINABILITY, RESILIENCY, AND GREEN INITIATES CONSULTING SERVICES BETWEEN THE CITY OF OAKLAND PARK AND FOUR (4) CONSULTING FIRMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. RESOLUTIONS AND MISCELLANEOUS (Item 4 was pulled from the Consent Agenda) 4. Code Lien Settlement for 360 NW 33 Street City Manager Hebert explained how the City negotiated lien settlements. In this case, he said this homesteaded property had been put up for sale and the City had followed the lien settlement process to get the property into compliance and reduce the lien. Vice Mayor Rosenwald asked how long the property had been accruing fines. Peter Schwarz, Director of Community and Economic Development, reported the property had accrued fines for several years and had fines totaling over $458,000, which became a lien on the property. Vice

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 5 Mayor Rosenwald said he objected to the settlement. Commissioner Arnst noted there had been issues with service because the owner was frequently out of town. Albert Margerum, Community Enhancement Manager, said the citation was for permit issues only but per Florida statute, all unpermitted items were considered life safety issues. Commissioner Arnst stated the property had been immaculate, not an eyesore, so there was no negative impact on the community. The owner had discovered the liens when he tried to sell the home and addressed the issue immediately. City Attorney Doody asked the Commission to include that the owner had 90 days to pay the reduced lien. Commissioner Lonergan moved to approve the Code Lien Settlement for 360 NW 33 Street and to allow the owner 90 days to pay. Commissioner Arnst seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon Commission took a brief recess. 7. Sixth Amendment to Purchase and Sale Agreement for the Acquisition of the Downtown Properties by Horizon of Oakland Park, LLC City Manager Hebert said the postponement was necessary because they were still trying to negotiate the School Mitigation fee with the Broward County School Board. Commissioner Arnst moved to adopt the resolution. Vice Mayor Rosenwald seconded the motion, which prevailed by the following vote: YES: Commissioner Arnst, Commissioner Newbold, Vice Mayor Rosenwald, Commissioner Lonergan, Mayor Gordon The resolution, as adopted, carried the following title: RESOLUTION R-2023-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SIXTH AMENDMENT TO THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND HORIZON OAKLAND PARK, LLC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 6 8. City Commission Discussion Item: Increasing Commercial Code Compliance for Chronic Violators - Vice Mayor Rosenwald Mr. Schwarz provided the presentation. Vice Mayor Rosenwald acknowledged the goal was compliance, not money, and asked how they could “step up collection” He asked if there was something innovative that was a “magic pill.” Mr. Margerum noted that large cities had millions in outstanding code liens, and discussed the difficulty a municipality with a code lien faced when there was a superior lien, like a mortgage. Commissioner Arnst said Code Enforcement and City Attorney Doody were doing the best they could. Commissioner Newbold brought up notice issues with some property owners and said they must take it on a case-by-case basis. Commissioner Lonergan felt once a fine hit a certain amount, they City should launch an investigation. Mayor Gordon agreed with setting a threshold for turning to a new tactic to address properties with violations. City Attorney Doody suggested the Commission direct his office to order title updates on properties with a memorandum on each property they prioritized. Consensus was reached to allow City Manager Hebert some time to regroup with his staff to develop a plan for gathering resources, to work with City Attorney Doody’s office and to work out a procedure to address outstanding cases. REQUESTED CITY COMMISSION DISCUSSION ITEMS 9. City Commission Requested Discussion Item Oakland Park/Broward County School Summit - Vice Mayor Rosenwald The Commission had consensus to put this on a future agenda. 10. REPORTS FROM THE CITY COMMISSION Commissioner Arnst - had no comments Commissioner Newbold commented as follows: 1) Thanked Chris Fisher for inviting her to his HOA meeting. 2) Thanked volunteers who assisted with the Tree Giveaway the past Saturday.. 3) Attended the Rickards Middle School meeting and looked forward to the ground-breaking event.

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 7 4) Attended the Arbor Day event at Oakland Park Elementary School and thanked Parks and Recreation for coordinating all the events. 5) She had a wonderful time at the Broward County United Way Mayors gala. 6) Advised everyone affected to make sure they were still covered by Medicaid. Vice Mayor Rosenwald commented as follows: 1) Thanked Commission members for supporting his discussion items. 2) Welcomed Allyson Love as the new Assistant City Manager. 3) Stated the Taste of Oakland Park had been an excellent event. 4) Announced the wall at the post office was finally being painted and looks much better. 5) Announced a Neighborhood Coalition meeting on May 11 from 6:30-8:00 in the library. 6) Inquired about next steps and a timeline regarding attainable housing. 7) Would be supportive of a budget item to extend the façade improvement grant beyond the CRA. Commissioner Lonergan commented as follows: 1) Congratulated Welcome Church and Pastor Dye and said the church would hold an event at their Sheila D. White Youth Center on May 6 from 2:00 to 4:00 PM. 2) Was excited that Oakland Park Summer Nights would kick off on May 5. 3) Thanked staff and volunteers for making the Tree Giveaway possible. 4) Thanked the City for the great Arbor Day event at Oakland Park Elementary. 5) Reported Lloyd Estates Elementary School would celebrate the opening of the renovated Media Center on May 11th at 9:00 AM. 6) Congratulated American Legion Post 222 for a Fleet Week event the previous week. They had provided dinner to approximately 50 service members. 7) Asked everyone to please clear storm drains in their neighborhoods and to learn about the Adopt-a-Storm Drain and Adopt-a-Street programs. Also to empty anything in their yards that accumulated standing water. 8) Wished everyone a happy and safe Cinco de Mayo. 9) Welcomed new Assistant City Manager, Allyson Love. Mayor Gordon commented as follows: 1) Thanked all those who had attended the many recent City events. 2) Reported to have attended the League of Cities meeting in early April and been elected to the Florida League of Mayors. 3) Thanked Fire Chief Stephen Krivjanik and Albert Carbon, Public Works Director, who joined her visiting the areas affected by flooding after the April 12 rain event. 4) Attended the recent Bring Your Child to Work Day event at Rickards Middle School. 5) Welcomed Allyson Love, the new Assistant City Manager, to the City.

City of Oakland Park City Commission Meeting MINUTES May 3, 2023 Page 8 REPORTS FROM THE CITY MANAGER 11. Development Activity Report City Manager Hebert introduced Allyson Love, the new Assistant City Manager. REPORTS FROM THE CITY ATTORNEY 12 City Attorney's Report - May 3, 2023 City Attorney Doody reported the Court had granted a motion to dismiss the All Saints Catholic Church case pending since 2016 and they had 20 days to amend the complaint. ADJOURN The meeting was adjourned at: 9:58 PM. CITY OF OAKLAND PARK, FLORIDA _____________________________________ AISHA GORDON, MAYOR ATTEST: ____________________________________ RENEE M. SHROUT, CMC, CITY CLERK