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HomeMy WebLinkAbout2021-09-22 - City Commission Regular Meeting MinutesCity of Tamarac City Commission Minutes Wednesday, Sept. 22, 2021 CALL TO ORDER: Mayor Gomez called the Wednesday, Sept. 22, 2021, Special City Commission meeting, being held in Commission Chamber to order at 7:00 p.m. ROLL CALL: Commissioner Marlon Bolton, Commissioner Debra Placko, Vice Mayor Elvin Villalobos and Mayor Michelle J. Gomez were in attendance. Commissioner Gelin was absent. Also in attendance were, Interim City Manager Kathleen Gunn, City Attorney John Herin, and City Clerk Jennifer Johnson. PLEDGE OF ALLEGIANCE: Commissioner Placko led the Pledge of Allegiance. CITY ATTORNEYREPORT City Attorney Herin provided an update on the Aidone settlement, stating he hoped to have the matter resolved by the end of the week. 2. CITY MANAGER REPORT — None 3. PUBLIC PARTICIPATION City Attorney Herin announced the rules and expectations for members who participate during public participation. a. Rudy Delgado, of Fairhaven 11, provided a statement, which is attached as part of the record. 5. CONSENT AGENDA a. Approval of the Sept. 9, 2021 -City Commission Minutes b. TR13675-Regional InterlocalforAutomaticAidand Closest Unit Response Agreement A Resolution of the City Commission of the City of Tamarac Florida, to approve and execute the Regional Interlocal Agreement for Cooperative Fire, Rescue, Emergency Medical Services, and Special Operations Response through Automatic Aid and Closest Unit Response between the City of Tamarac Fire Rescue Department, Broward County Sheriffs Office, Broward County and Municipalities with an effective date of the first day of the first calendar month after execution of this Agreement, authorizing the appropriate City Officials to execute this Agreement; providing for conflicts, providing for severability, and providing for an effective date. c. TR13656 -Contract Award for the Housing Inspector Construction Liaison A Resolution of the City Commission of the City of Tamarac, Florida, approving the agreement between the City of Tamarac and TSC Associates, Inc. To provide home inspector, specification writer and construction liaison services at a maximum amount of $2,800 per project from September 22, 2021 through September 22, 2024, with agreed upon renewal options, authorizing the appropriate City Officials to execute agreement attached hereto as Exhibit "'I and incorporated herein; providing for renewals; providing for conflicts; providing for severability; and providing an effective date. Commission District(s): Citywide d. TR13671 - Accepting an Assistance to Fire Fighters (AFG) Grant Award from the US Department of Homeland Security A Resolution of the City Commission of the City of Tamarac, Florida accepting an assistance to Fire Fighters (AFG) Grant Award from the US Department of Homeland Security (DHS) via the Federal Emergency Management Agency (FEMA) for the purchase of fire rescue equipment and training in the amount of $74,545; authorizing the City Manager and appropriate City Officials to execute an Agreement and necessary documents pending legal review between DHS, FEMA and the City of Tamarac for grant funding in the amount of $74,545; providing for up to a ten percent match of $7,455 in local funds; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide •2 MENMW- • _ •. �- �_ cc e 01 - - - f. TR13678 - FDOT Beautification Grant A Resolution of the City Commission of the City of Tamarac, Florida authorizing the City Interim Manager to apply for and accept a Beautification Grant through the Florida Department of Transportation (FDOT) for proposed landscaping improvements on University Boulevard from Southgate Boulevard to NW 78th Street in an amount not to exceed $100,000.00, providing for at least a one-to-one match in local funds not exceed $254,938.00 in the event of approval of the application; providing for acceptance of award, execution of documents, and acceptance of a Joint Participation Agreement (JPA) and Maintenance Memorandum of Agreement (MMOA) with FDOT upon approval of the application, pending legal review; authorizing an appropriation for the receipt and expenditure for this grant, if awarded, to be included in a future Budget Amendment pursuant to F.S. 166.241(2); providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide g. TR13680-ContractAwardof$100,000.00toArtistMichael ParkerfortheSocialJustice Wall A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing artist Michael Parker design and the execution of an agreement between the City of Tamarac and Loadwick Parker Enterprises, LLC, attached hereto as Exhibit "A" and incorporated herein, to provide for the fabrication and installation of a social justice artwork at the Tamarac Village Park located at 9090 NW 57th Street, Tamarac; providing for conflicts; providing for severability; and providing an effective date. Commission District(s): District 2 Mayor Gomez asked if there were any additions or deletions. Interim City Manager, Kathleen Gunn, asked to move items 9.a., b. and c. to be heard at the same time as item Ta. (Parkside ALF) Commissioner Bolton asked to remove Item 4.e. "TR13676 - BSO Special Detail for Parks & Recreation Department" for discussion. Commissioner Bolton motioned to approve the consent agenda as amended. Commissioner Placko seconded. Clerk Johnson conducted a roll call vote, and motion to approve carried unanimously 4-0. TR13676 - BSO Special Detail for Parks & Recreation Department A Resolution of The City Commission of The City Of Tamarac, Florida, approving a Broward Sheriff's Office Permit Application for Special Details and Authorizing the appropriate City Officials to execute the Permit Application for Police Services to be used by the Parks And Recreation Department in an amount not to exceed $89,200 In FY 22, October 1, 2021-September 30, 2022; approving funding from the appropriate Parks And Recreation accounts; providing for conflicts; providing for severability; and providing for an effective date City Attorney Herin read the following title for the record. Commissioner Bolton motioned to approve_ Commissioner Placko seconded. Commission discussion ensued, and Director of Parks & Recreation Greg Warner, answered questions relative to the agreement. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote, and the motion to approve carried unanimously 4-0. 6. REGULARAGENDA a. TR13677 -Sunset Point- Veterans Park Renovation Project A Resolution of The City Commission of The City Of Tamarac, Florida, Awarding RFP 21-21B Sunset Point And Veterans Park Renovation Project To Home Express Corp. DBA HE Builders, Inc. and approving the execution of an agreement between The City of Tamarac and Home Express Corp. DBA HE Builders, Inc. at a cost not to exceed $1,800,000.00 and a contingency allowance of $270,000.00 for a total Project Budget Of $2,070,000.00. Approving funding from the appropriate Capital Improvement Accounts; providing for conflicts; providing for severability; and providing an effective date. City Attorney Herin read the title for the record. Commissioner Placko motioned to approve, and Vice Mayor Villalobos seconded. Mayor Gomez opened for comments from the public. There being none, Mayor Gomez closed public comments. No discussion by the Commission. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 4- 0. 7. ORDINANCE(S) - FIRST READING - None. 8. PUBLIC HEARING(S) a. TR13616 - Parkside Memory Care Allocation of Bonus Sleeping Rooms A Resolution of the City Commission of the City of Tamarac, Florida, allocating seventy-two (72) bonus sleeping rooms to allow for a special residential facility, category (3), as defined in the Broward County Land Use Plan, containing seventy-two (72) sleeping rooms for the subject property located at 7501 NW 76 Street Tamarac, Florida (tract a less the north 20 feet of the west 85 feet, and all of tract C, Southern Bell -Tamarac, according to the plat thereof, as recorded in Plat Book 89, page 39, of the public records of Broward County) to provide for consistency with the land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1-FLX-21); providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 4 City Attorney reviewed the rules for quasi-judicial hearings with members of the Commission and the public. Mayor Gomez asked each of the Commissioners if they had any disclosures regarding the item_ Commissioner Bolton and Vice Mayor Villalobos did not have any disclosures. Commissioner Placko and Mayor Gomez stated they each met with the applicant and her attorney following the previous meeting. Clerk Johnson swore in Maxine Calloway, Deena Gray, and the applicant Rosa Ramos-Botta. There were no questions or a presentation. Mayor Gomez asked that the presentations from the June 23, 2021, City Commission meeting be entered into the record. Mayor Gomez stated Ms. Calloway was available for questions, and the applicant has a presentation should a member of the Commission wish to receive it. City Attorney Herin read the title for the record. Commissioner Placko motioned to approve. Commissioner Bolton seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. No discussion from the Commission. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 4-0. QUASI-JUDICIAL HEARING(S) b. TB047 - Parkside Memory Care ALF Variance -Parking A Variance from Section 10-4.3(D)(2), Table 10-4.1, Minimum Number of Off - Street Parking Spaces, to allow for a minimum parking required of thirty-seven (37) parking spaces for a 43,000 square foot Assisted Living Facility in lieu of a minimum of ninety (92) parking spaces. Notice of the request for the Variance was given as required by law. The City Commission of the City of Tamarac ("Commission") has identified that the property located at 7501 NW 76 Street, Tamarac, Florida (the "Property") is located in the (PF), Public Facilities Zoning District. Commission District(s): District 4 City Attorney Herin read the title for the record. Commissioner Placko motioned to approve, and Commissioner Bolton seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. No discussion by the Commission. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 4- 0. c. TBO48 - Parkside Memory Care Variance - Landscape A Variance from Section 10-4.4(D)(3)(c)(i), Land Development Code, to allow for a buffer area on the nonresidential plot with a minimum continuous depth of thirteen (13) feet of landscape area along a portion of the north property line and fourteen (14) feet of landscape area along the east property line in lieu of a minimum continuous depth of twenty-five (25) feet of landscaping for a property that directly abuts a Residential District. Commission District(s): District 4 City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve, and Commissioner Placko seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. No discussion by the Commission. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 4- 0. d. TR13618 - Parkside Memory Care Major Revised Site Plan A Resolution of the City Commission of the City of Tamarac, Florida, granting Site Plan Approval (Major) with conditions to allow for the development of a new two (2) story assisted living facility for memory care residents containing a total of ninety-six (96) beds in seventy-two (72) sleeping rooms; for the subject property located at 7501 NW 76 Street, Tamarac, Florida (tract a less the north 20 feet of the west 85 feet, and all of tract C, southern Bell -Tamarac, according to the plat thereof, as recorded in plat book 89, page 39, of the public records of Broward County) (Case No. 12-SP-20); providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 4 City Attorney Herin read the title for the record. Commissioner Placko motioned to approve, and Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. No discussion by the Commission. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 4- 0. 9. ORDINANCE(S) - SECONDREADING a. T02482 - Amendment to Home Based Business provision of the Code to provide for consistency with Florida Statutes -HB 403 An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land Development Code", replacing the term home occupation with home based business, amending Article 3, entitled "Use Regulations" specifically amending Section 10-3.2, entitled "Table of Allowed Uses", and amending Section 10-3.4, entitled "Accessory Uses and Structures", specifically amending Section 10- 3.4(D) entitled "Additional Standards for Specific Accessory Uses" and amending Article 4, entitled "Development and Design Standards" specifically amending Section 10-4.3, entitled "Off -Street Parking and Loading" of the City of Tamarac Code of Ordinances, to provide for consistency with HB 403 Florida Statutes and specifying use standards for home based businesses operating within the City of Tamarac; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. Commission District(s): Citywide City Attorney Herin read the title for the record. Commissioner Placko motioned to approve, and Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public comments. No discussion by the Commission. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 4- 0. 10. OTHER - None There being nothing further to discuss, Mayor Gomez adjourned the meeting at 7:30 p.m. Minutes transcribed and submitted by City Clerk Jennifer Johnson. A Jen fifer Johnson, CM ����� !9 ' ESTABLISHED 1963 / 0. SEAL ; Oc' Michelle J. Gomez, Mayor ' . 4 � co 11 N Note to the reader. The above signature is the City Clerk, of the City of Tamarac, Florida. If the minutes you have received are not signed, or completed as indicated above, they are not the official minutes of the Tamarac City Commission Meeting held Wednesday, Sept. 22, 2021. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771. I am Rudy Delgado from Section Eleven, Fairhaven Eleven, District 2 1 am discussing two issues. First: Madame Mayor Gomez and Mr. Gelin, my commissioner, at my HOA we need your attention. Yes, we are a small community of only 255 single homes for people over 55. 1 tend to believe that we have been neglected. I also understand that we still are under Covid restrictions. It is obvious that my association president, Arthur Rose, takes this Covid restrictions opportunity to not have home -owner meetings and his administration makes all the decisions without input from the community. In April we had what an election meeting which, if considered a home- owners meeting, was not properly advertised and there was no quorum. As a result the incumbents reelected themselves. Furthermore, Arthur Rose being president again took on the task ofselecting board members and ignored petitions from three candidates for board members at that meeting and installed three other board members that were not even present at that same April meeting. This is only an example of the kind of manipulation that we are subjected to. In addition his right hand man, Mr. Ricardo Villella, is a bully who screams at people. In general, meetings are conducted with aggression. Intelligent dialog is not appreciated. The treasurer sold her house and moved out early August and we do not know who the new treasurer is. The latest newsletter does not show the names of the board members. They do not show financial records as stated in the bylaws. Second, as you all recall I have been here talking about a mediocre irrigation system that was installed in our community recently. From what I can tell in the early 70's when several communities were developed in Tamarac they all seemed to have been equipped with the same kind of group irrigation system which was using canal water, pumps and mechanical timers that were in fashion at that time. After all these years these systems need rebuilding and brought in to the digital era but according to Mr. George Folles, Chief Building Official, who replied to my concerns, in his response he tells me that under Florida Law, the Building Code Section, there are no inspections or permits needed for irrigation. I understand and I am all done with this but I hope I understood his answer correctly. Based on this and to finish this on a positive note, I kindly request that the City of Tamarac get involved in monitoring new installations of community irrigation and to have a standard model tested and approved so that we don't get unscrupulous companies that cheat the system and use incoherent battery operated timers. I know community irrigation and I am available if needed. Rudy Delgado* rudydelgado()hotmail.com * 954-529-7575 PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING SEPTEMBER 22, 2021 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. 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