Regular City Commission Meeting (2024-06-11)

MINUTES REGULAR CITY COMMISSION MEETING Tuesday, June 11, 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 Commissioner Don D’Arminio 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, and Commissioner Don D’Arminio. Also in attendance were City Manager Leigh Ann Henderson and City Attorney Kerry Ezrol. Mayor Newton reported a delegation from Wilton Manors, led by Vice Mayor Bracchi, visited Denver, Colorado the previous week to participate in the National Civic League’s All-American City competition. Wilton Manors finished among the top 20 cities in the nation. He applauded staff for their work toward this goal. Mayor Newton also noted Airbnb has compiled a list of the 10 best Airbnbs for the LGBTQ+ community, which listed Wilton Manors in fifth place. It was the only small city in the world included on this list. PRESENTATION Florida State Senator Jason Pizzo with a Legislative Update Florida State Senator Jason Pizzo stated a funding request was made by Wilton Manors during the most recent Florida legislative session. This request was for $725,000 for a public safety project. The City will receive $500,000 if the Governor approves these funds as part of his budget. Senator Pizzo characterized the recent legislative session as less socially divisive than in previous years. The Florida Legislature stopped a number of potentially harmful bills from passing. Senate Bill (SB) 280, which would continue to preempt home rule, is expected to be vetoed by the Governor. One item on the November 2024 ballot proposes an increase of the homestead exemption by $25,000, as well as indexing this exemption for inflation going forward. Roughly 3,000 bills were filed during the recent session, of which approximately 200 passed. Senator Pizzo advised that should he win reelection in November, he will be the incoming Senate

Minority Leader. His primary focus will be on infrastructure. Senator Pizzo concluded it is a pleasure to serve the Wilton Manors community. He provided his cell phone number for constituents: (305) 505-8478. Mayor Newton commended Senator Pizzo and his staff for remaining well-informed and responsive to the City’s needs. REPORT FROM POLICE DEPARTMENT Wilton Manors Police Chief Gary Blocker reported the Stonewall Pride Parade and Street Festival is scheduled for Saturday, June 15, 2024, beginning with the parade at 8 a.m. Public safety will be the Police Department’s top priority, and state and federal law enforcement partners will be on hand for the community. There have been no credible threats at this time. He emphasized there should be no safety concerns with regard to the Police Department’s staffing. The Festival has been planned since January 2024 to ensure its operational plan meets national standards as well as the needs of the Wilton Manors community. Special operations will include uniform patrols, explosive odor detection K-9 sweeps, drones monitored by rapid response teams, public safety technologies, and more. Chief Blocker encouraged residents to report any suspicious activity to law enforcement, and to follow the Police Department on X/Twitter, which will be the primary communications platform during the event. COMMENTS FROM THE PUBLIC At this time Mayor Newton opened public comment. Craig Eiker, 2600 NW 6 Avenue, addressed the City’s Noise Ordinance as it relates to animals. He requested the current draft be modified to require three rather than two unrelated individuals to file a complaint, and asked for an exemption for individuals who are outside playing with their animals, as this often includes heightened vocalizations. Brad Horton, 2600 NW 6 Avenue, also thanked Chief Blocker and the Commission for moving the Noise Ordinance issue forward, and offered to assist with this process if needed. 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 D’Arminio seconded the motion, which prevailed by unanimous roll call vote (4-0). Minutes Minutes from the following Meetings: • April 9, 2024 Commission Workshop on Public Art • April 9, 2024 Regular City Commission Meeting • April 23, 2024 Regular City Commission Meeting

Invoices • Goren, Cherof, Doody & Ezrol, P.A. Consent Resolutions Resolution No. 2024-057: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, DETERMINING CERTAIN TANGIBLE PERSONAL PROPERTY TO BE SURPLUS; DIRECTING CITY ADMINISTRATION TO DISPOSE OF THE SURPLUS PROPERTY AT PUBLIC AUCTION OR TRADE IN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. End of Consent Agenda PUBLIC HEARINGS Ordinance No. 2024-002: (Community Development Services) (Second Reading) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED “LICENSES, PERMITS AND BUSINESS REGULATIONS,” BY CREATING ARTICLE XVI “POLYSTYRENE PRODUCTS”; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Lombardo read the Ordinance by title only. Commissioner Caputo made a motion to approve Ordinance 2024-002. Commissioner D’Arminio seconded the motion. City Manager Leigh Ann Henderson advised this is the second reading and public hearing of Ordinance 2024-002, which would ban the use of styrofoam products on City property. One minor change was made between first and second readings, which moved the effective date of the Ordinance to August 1, 2024. This will provide the City with time to mount an educational campaign. At this time Mayor Newton opened the public hearing, which he closed upon receiving no input. The motion prevailed by unanimous roll call vote (4-0). WILTON YARDS (2700 NE 9 Ave.) Mayor Newton advised the Resolutions on tonight’s Agenda will be presented together but voted upon individually. City Attorney Kerry Ezrol reviewed the quasi-judicial process, and any individuals wishing to speak on the Item were sworn in. Presentation Stephanie Toothaker, representing the Applicant, recalled the proposed development has been on

the City Commission’s Agenda in the past and was deferred, as there were issues related to an easement. These issues have since been addressed. The Wilton Yards town homes project is proposed on a 1.1 gross acre site which is currently an 11-unit multi-family development with low/medium density land use. The project proposes 18 luxury town homes for sale, which would be located in three buildings including six units each. Each building is three stories (35 ft.) and the project will include 53 parking spaces. Every unit will have a two-car garage, and the easternmost units also have a private pool. There will be a private park as well as five guest parking spaces, a loading area for deliveries, bicycle racks, and mail stations. The project meets all dimensional standards required by Code. The Resolutions associated with this project include plat approval, allocation of flex units, a private access easement, declaration of restrictive covenant, and termination of existing easements. The project’s Site Plan and plat were presented to the City’s Planning and Zoning Board on September 11, 2023 and approved by that body. The property is zoned RM-16, which permits up to 18 dwelling units per acre. This is the number of units proposed by the project. The underlying land use is consistent with the zoning category. The declaration of restrictive covenants resulted from the Planning and Zoning Board and community engagement processes and includes the following: • Prohibition of use of the units as vacation rentals • Garages may be used only for vehicular storage • No installation of an entry gate on the property • No overnight parking on roadways • Screening of all mechanical equipment • Posting of No Parking/tow-away signage along all curbs, fire lanes, drive aisles, and other non-designated parking areas • Applicant shall enter into a towing contract to enforce parking • Declaration must be approved by the Community Development Services Director, and the City Attorney will record it in the public records of Broward County The Applicant has agreed to all of the conditions listed above. Ms. Toothaker reviewed the proposed private access easement, noting the Applicant has closed on the property and the easement has been approved by the City Attorney’s Office. The existing access easements will be terminated, at which time the new easement will be recorded. The Site Plan has not been changed since it was approved by the Planning and Zoning Board. The site’s front setback is 20 ft., while its side setbacks are 22 ft. and the rear setback is 35.5 ft. The average unit size is approximately 2,300 sq. ft. Ms. Toothaker showed renderings of the proposed project. Commissioner D’Arminio asked if any variances were requested for the property. Ms. Toothaker replied there were none. Commissioner D’Arminio also requested clarification of the estimated time frame for construction. Ms. Toothaker explained the plat must first be approved at the Broward County level, with demolition anticipated by the end of the year and construction

beginning in 2025. Community Development Services Director Roberta Moore stated the first Application before the Commission includes plat approval for 18 town homes. This restriction will be noted on the plat, which also requires approval by the Broward County Board of County Commissioners. The plat is consistent with City Code. The second Agenda Item is the allocation of flex and/or reserve units, which is a condition of approval for the Site Plan. The Applicant requests an allocation of seven flex units. The remaining 11 units are permitted by right based on the site’s zoning. The third Agenda Item is a new private access easement and termination of existing easement agreement. This is also a condition of approval for the Site Plan. The Applicant plans to terminate the access granted from NE 9 Avenue to the properties. If no access is granted, there is an existing landlocked parcel, which necessitates the easement process. The final Agenda Item is a declaration of restrictive covenant, which is also a condition of approval. The Applicant is required to enter into this declaration as part of Code requirements. At present, 15 flex units are available throughout the City. If the seven requested units are allocated to this project, there will be a total of eight remaining flex units available. An analysis of water and wastewater capacity was provided, which shows there is sufficient capacity for the project. The analysis was performed by the City’s consulting engineer for water and wastewater. The Planning and Zoning Board reviewed the Site Plan application with the understanding that flex units would be allocated as well. That advisory body recommended approval of the project. Director Moore requested the staff report and all backup materials be included in the record. (attached) Commissioner D’Arminio asked why the requested units were pulled from the City’s allocation of flex units rather than reserve units. Director Moore replied, this distinction did not matter, as a future process will collapse flex and reserve units into a single pool of units. Commissioner D’Arminio also requested additional information on the project’s parking requirement. Director Moore advised this requirement is 2.7 spaces per unit. At this time Mayor Newton opened the public hearing, which he closed upon receiving no input. The Commissioners disclosed any ex parte communications at this time. QUASI JUDICIAL PUBLIC HEARING Resolution No. 2024-026: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING THE PLAT APPLICATION (PL 22-04), FOR PEOPLE PLACES 9TH AVENUE LLC, AUDREY PLACE LLC, AND FH & L OF BOCA RATON FOR THE

PROPERTIES LOCATED AT 2662, 2680, 2688-2690, 2692-2696 AND 2700 NE 9 AVENUE, WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Lombardo read the Resolution by title only. Commissioner Caputo made a motion to approve Resolution 2024-026. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (4-0). Resolution No. 2024-027: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, ALLOCATING SEVEN (7) FLEXIBILITY UNITS AND/OR RESERVE UNITS, FOR THE PROPERTY GENERALLY LOCATED AT 2662, 2680, 2688-2690, 2692-2696 AND 2700 NE 9 AVENUE, WILTON MANORS, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Lombardo read the Resolution by title only. Commissioner Caputo made a motion to approve Resolution 2024-027. Commissioner D’Arminio seconded the motion. Vice Mayor Bracchi pointed out the Applicant has not requested any variances. The Applicant is only requesting the maximum number of units allowed under Code. The motion prevailed by unanimous roll call vote (4-0). Resolution No. 2024-031: 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 YARDS TH LLC, PERTAINING TO THE PROPERTY GENERALLY LOCATED AT 2700 NE 9 AVENUE, 2688-2690 NE 9 AVENUE, NE 9 AVENUE, 2692-2696 NE 9 AVENUE, 2662 NE 9 AVENUE, 2680 NE 9 AVENUE, AND 2702 NE 9 AVENUE, 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 2024-031. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (4-0). Resolution No. 2024-032: 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 PRIVATE ACCESS EASEMENT AGREEMENT BETWEEN WILTON YARDS TH LLC AND LARISSA CASTELLUBER; APPROVING TERMINATION OF THE EXISTING EASEMENT; 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 2024-032. Commissioner D’Arminio seconded the motion, which prevailed by unanimous roll call vote (4-0). ORDINANCES – FIRST READING Ordinance No. 2024-003: (Community Development Services) (First Reading) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING CHAPTER 9 “FLOOD PREVENTION AND PROTECTION,” SECTION 9-9 “BASIS FOR ESTABLISHING FLOOD HAZARD AREAS,” AND ARTICLE II “DEFINITIONS” OF THE CITY OF WILTON MANORS CODE OF ORDINANCES TO UPDATE THE DATE OF THE FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Lombardo read the Ordinance by title only. Commissioner Caputo made a motion to approve Ordinance 2024-003. Vice Mayor Bracchi seconded the motion. City Manager Henderson explained this Ordinance updates the City’s flood prevention and protection Code by making two changes: it accurately reflects new Federal Emergency Management Administration (FEMA) updates dated July 31, 2024, and revises the definition of the term “market value.” Both changes are necessary in order to be consistent with FEMA, the Florida Department of Emergency Management, and Broward County. Mayor Newton requested the flood map be made available on the City’s website. Director Moore advised a link to the map is already included on Broward County’s website, and will be posted on the City’s website as well. The motion prevailed by unanimous roll call vote (4-0). UNFINISHED BUSINESS Chapter 21 – Noise Control (Animal Noise – Section 21-3 (3)) Regulations Discussion City Manager Henderson recalled when this Item was previously brought before the Commission, they had requested Chief Blocker provide examples of both subjective and objective regulations. Chief Blocker stated two draft Ordinances have been prepared for the Commission’s consideration. He showed slides of both proposed Ordinances, noting they are also available in the Commissioners’ backup materials.

Commissioner Caputo requested clarification of whether another municipality had an Ordinance like the drafts provided, or if the Ordinances combined some of the aspects seen in other cities’ Codes. Chief Blocker replied one Ordinance’s language is consistent with that of Hillsboro County’s Ordinance, which refers to a distance of 1,000 ft. This is the estimated separation of 12 to 15 properties. Commissioner Caputo noted the proposed Ordinance refers to vocalizations for a duration of 20 consecutive minutes with interruptions of 20 seconds or less. Chief Blocker confirmed the interruption of barking would reset this time frame. Vice Mayor Bracchi expressed concern with the proposed Ordinances, recalling the Commission was previously provided with Code data referring to animal noise. There have only been a few such cases per year in 2022, 2023, and only one thus far in 2024. One concern was both draft Ordinances require sworn affidavits from residents that are not in the same home. He did not feel the animal noise Ordinance should be treated differently from any other noise Ordinance. Vice Mayor Bracchi continued the proposed Ordinance would affect only a very small percentage of the City’s approximately 13,000 residents. He was not certain of whether the neighbor dynamics in animal noise complaints were specifically related to dogs, and felt this could more appropriately be addressed by civil court rather than Code. Vice Mayor Bracchi was in favor of objectivity, as a subjective Ordinance would be more difficult for Code Enforcement as well as for the Special Magistrate. Commissioner Caputo observed there is a specific Code related to barking dogs, and the existing Ordinance is allowing a situation to develop which directly affects some residents. He was also not in favor of the existing Ordinance. Commissioner Caputo was not in favor of an Ordinance that required complaints from multiple homes, as this would be unfair in cases where there may be only one neighboring property. He was comfortable with both the requirement for two complaints and with the 20-minute time frame, and felt if the threshold is lowered to only one complaint, there should be a recording of the noise. Commissioner D’Arminio also felt the requirement of two complaints was more sensible than a single complaint. He pointed out the City’s existing standard, which refers to five minutes of noise without interruptions. Vice Mayor Bracchi stated that he was open to extending the required time frame beyond five minutes. Vice Mayor Bracchi advised that he was also concerned with infringement upon residents’ rights to peaceful enjoyment. He emphasized the need for a proper balance between animal noise and quiet, and again expressed concern that neighbors may not want to file sworn affidavits against one another out of fear of retaliation. Commissioner D’Arminio stated that he did not feel the current standards of five minutes’ noise and four vocalizations per minute were appropriate, as this standard can easily be violated if an individual has multiple dogs. He was in favor of the draft Ordinance which referred to a 20-minute time frame. Commissioner D’Arminio also noted facilities specifically for animals, such as pet day cares, would technically violate Code, and did not want Code to prohibit those businesses’

operations. Mayor Newton did not object to the 20-minute time frame, but also objected to the requirement of two sworn affidavits. He pointed out several properties in the City have larger side yards than back yards, which means noise may be a problem for a neighbor on one side but not another. Mayor Newton continued there may be other factors in specific cases which influence complaints between neighbors, and asked if there is any Police data that might provide greater clarity. Chief Blocker noted the City does not become involved in civil cases which might arise between neighbors, but focuses solely on Code cases. Mayor Newton also suggested requiring video evidence as well as audio, and only one sworn affidavit. He was not certain that most situations would rise to a level in which two affidavits were signed. Mayor Newton further clarified that any video taken would need to come from the neighbor’s property to ensure privacy. City Attorney Kerry Ezrol stated Chapter 162 of City Code establishes the authority of a Special Magistrate to act as tryer of fact, and also establishes rules of evidence. He cautioned requiring audio or video could tie the hands of the Special Magistrate. City Attorney Ezrol added, however, the Special Magistrate may already be looking for video or audio evidence, as it would be difficult to prove duration. A requirement for audio or video could limit the cases that are presented by Code Enforcement to the Special Magistrate. Commissioner Caputo did not oppose requiring a greater burden of proof, which he felt would be preferable to taking one person’s word over another’s. He suggested the threshold provide an option of either complaints by two unrelated people or the provision of video by one person. Commissioners Caputo and D’Arminio agreed the draft Ordinance(s) should come back to the Commission after modifications. Commissioner D’Arminio, again, felt there was an issue with the current objective standard. Mayor Newton was also in favor of bringing back another draft, and agreed the current standard is not acceptable. City Attorney Ezrol clarified the Commission wished to see another version of draft standard #2 in Ordinance format, and asked if there should be any changes related to audio or video evidence. It was also noted this would require either two complainants who provide sworn affidavits or a single complainant who can provide audio or video evidence. Commissioner D’Arminio also advised there is nothing in the Ordinance which refers to supervised dogs. Vice Mayor Bracchi pointed out, however, supervised pets can generate the same noise that may be a problem for neighbors. He also recommended asking a realtors’ association for input on the proposed Ordinance before it is brought back to the Commission. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Henderson congratulated the City delegation which represented Wilton Manors at the recent All-American City competition. The delegation included several members of City Staff,

.,. .t with Assistant to the City Manager Jeremy Cramarossa serving as lead. Mayor Newton and Vice Mayor Bracchi commended the delegation as well, noting Wilton Manors was a finalist among 20 other cities from across the country. Vice Mayor Bracchi emphasized the importance of sharing the word that Wilton Manors is a safe place for the LGBTQ+ community and other marginalized communities. City Attorney's Report City Attorney Ezrol recalled the City Commission had engaged a law firm to file a suit challenging Senate Bill (SB) 774, which changed financial disclosure requirements from Form I to Form 6. On Monday, June 10, 2024, a federal judge issued an injunction enjoining that change from occurring. Earlier today, the Florida Commission on Ethics issued guidance on this matter, which indicates that if an official has filed Form 6, no further action is required; however, after June 10, the requirement is now to file Form 1. City Attorney Ezrol continued the Florida Commission on Ethics has indicated they are not currently set up to allow filing of Form 1 by municipal officials. If an official has not filed either Form I or Form 6, they will need to fill out Form 1, selecting an office that is different than the office for which they are seeking to qualify. Any further questions should be directed to the Florida Commission on Ethics. City Attorney Ezrol advised because the injunction is preliminary, it is not yet known whether or not the state will appeal this action or pursue the matter further in federal court. Two cases were filed: a First Amendment case in federal court, primarily by individual elected officials, as well as a pending state court action filed by individuals and the City of Wilton Manors. At this time, the City is unsure of whether or what kind of further litigation may occur. Vice Mayor Bracchi further clarified no member of the City Commission was an individual plaintiff in this matter: the City was one of several which joined together to pursue legal action . ADJOURNMENT- The meeting was adjourned at 8:18 p.m . These minutes were approved by the City Commission on Tuesday, Ju\y cJ 3 , 2024. ~ ..,!Jyp~, Faith Lombardo, City Clerk Date Signed