The URL can be used to link to this page

Home My WebLink About2021-08-25 - City Commission Regular Meeting MinutesCity Commission Minutes Wednesday, Aug. 25, 2021 7 p.m. CALL TO ORDER: Mayor Gomez called the Wednesday, Aug. 25, 2021, Regular City Commission meeting, being held at City Hall, to order at 7:00 p.m. ROLL CALL: Commissioner Marlon Bolton, Commissioner Mike Gelin, Commissioner Debra Placko, Vice Mayor Villalobos and Mayor Gomez were in attendance. PLEDGE OF ALLEGIANCE: Commissioner Bolton led the Pledge of Allegiance. 1. CITY ATTORNEY REPORT None. 2. CITY MANAGER REPORT a. Investment Report — June 2021 b. Quarterly Employee Service Awards 5-Years of Service Nancy Rivera Ann Marie Gordon Lerenzo Calhoun Chevelle Crusan 10-Years-of Service Hazel Alzugaray Jason Bua Job Maria Jonathon Neary Paul Onorati Christopher Rogers Michael Stairs Brian Maloney Rodney Smith Anthony Elliott 15-Years of Service Cynthia Natale Michael Christopher Bhanmatie Ramnarine 20-Years of Service Nicholas Pyke Mark Brown 25-Years of Service Sadhana Swaroop Michael Regits Natalie Turner c. 2021 Neighborhood Beautification Recognition Program — Q2 Commercial Property L4 Palm Beach LLC (Taco Bell) — 7625 W. Commercial Blvd. Residential Properties District 1 —Arnaldo Barrionuevo, 5401 NW 57 Street District 2 — Mellesha N. Brown & Shoalan A. Smith, 5009 N. Travelers Palm Lane District 3 — Safir & Jamella Mohammed, 9107 NW 73 Streeet District 4 — Gentil & Maria De Jesus Castro, 7010 Golf Point Circle Special Meeting for the Woodland Project City Manager, Michael C. Cernech, stated the applicant had requested to have their item moved up from date selected by the City Commission during the workshop on Aug. 23, 2021. The current date is scheduled for Oct. 27, 2021, and Cernech provided a few optional dates in late September or early October. Discussion by the Commission ensued, and the decision was to leave the meeting on October 27 for now, find out if Mr.Lohman is available for October 6, and consider changing the meeting date after we have that information. 3. PUBLIC PARTICIPATION Mayor Gomez opened for public comments. a. Rudy Delgado, of 8307 NW 57th Court, Tamarac, provided a statement, which is attached. b. Ron Wasserman, of 8575 Jade Drive, Tamarac, urged everyone over 40, is screened for colon cancer. Wasserman also stated he was fed up with Pulte Homes, and no one wants to taken responsibility for the Woodmont property. c. Darcy Schiller, of 7879 Granville Drive, Tamarac, described an interaction between Commissioner Bolton and herself regarding his salary, and car allowance. Schiller recalled statements made by Commissioner Gelin regarding not being able to attend Commission meetings prior to 7 p.m. because he has another job, and how he can also consider this a full time position. Schiller addressed the salaries for Commissioners in Parkland and Weston, which is less than Tamarac. Schiller asked where Commissioner Bolton, Commissioner Gelin, and Vice Mayor Villalobos are for earning a high salary. Ms. Schiller's final statement regarding Commissioners being held accountable was inaudible. d. Arnaldo Barrionuevo, of 5401 NW 57th Street, Tamarac, asked when the barrier wall was going to be constructed on Commercial Blvd., and who cleans the garbage all over Woodlands Blvd? Mayor Gomez stated a member of staff would follow up regarding both issues. Mayor Gomez closed public comments. 4. CONSENT AGENDA a. Approval of the July 7, 2021, City Commission Workshop Minutes b. Approval of the July 14, 2021, City Commission Meeting Minutes c. TR13640 — Broward Co. Interlocal Agmt — Inspections A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate city official to execute the Interlocal Agreement for Emergency/Non-Guaranteed Supplemental Support between Broward County and the City of Tamarac for Inspection and Plan Review Services to be performed by the Broward County Building Code Services Division in the event there is a staff shortage at the rates of eighty-five and 67/100 dollars ($85.67) per hour for a building code inspector, ninety-seven and 58/100 dollars ($97.58) per hour for a plan examiner, ninety-eight and 56/100 dollars ($98.56) per hour for a chief building code inspector, ninety-nine and 80/100 dollars ($99.80) per hour for building officials services, overtime, when pre -approved by the city, will be at one and one half (1 112) the normal hourly rate, all hourly charges will be billed in increments of thirty (30) minutes, including annual increase not to exceed 5%, for a five-year period through October 1, 2026; providing for conflicts; providing for severability; and providing for an effective date. d. TR13649 —Mayor At -Large Appointment to the Diversity, Equity & Inclusion Board A Resolution of the City Commission of the City of Tamarac, Florida, appointing Mike Jeknavorian as an At -Large member, appointed by the Mayor, to the Diversity, Equity & Inclusion Board, for a term that is concurrent with the Mayor, or until such time as new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. e. TR13653 —Appointments to the Veterans Affairs Committee A Resolution of the City Commission of the City of Tamarac, Florida, appointing eight or more members to the Veterans Affairs Committee, to each serve a four-year term, or until such time as new appointments are made; providing for conflicts; providing for severability; and providing for an effective date. f. TR13655 —First Amendment to the Interlocal Agreement between Broward County and the City of Tamarac for Community Shuttle Service A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute the First Amendment to the Interlocal Agreement between Broward County and the City of Tamarac for Community Shuttle Service; providing for conflicts; providing for severability; and providing for an effective date. g. TR13661 —Amending List of Charitable Entities A Resolution of the City Commission of the City of Tamarac, Florida, amending Resolution R-2021-081, by specifically adding to and deleting from the list of charitable entities with whom the City of Tamarac recognizes a formally approved relationship; providing for an amended Exhibit "A", attached hereto and incorporated herein, as may be amended from time to time, for the expresses purpose of compliance with Section 1-19(C)(5)(A)(4) of the Broward County Code of Ordinances; providing for conflicts; providing for severability; and providing for an effective date. h. TR13664 —Appointing Brian Neff as a Resident Trustee on the Fire Pension Board A Resolution of the City Commission of the City of Tamarac, Florida, confirming the appointment of Brian Neff as a Resident Appointed Trustee to the Firefighters Pension Board to serve a four-year term ending August 25, 2025, or until a new appointment is made; providing for conflicts; providing for severability; and providing for an effective date. i. TR13665 —Accepting an EMS Grant from Broward County for purchase of pre - hospital ventilators A Resolution of the City Commission of the City of Tamarac, Florida, accepting an Emergency Medical Services (EMS) grant award from Broward County for the purchase of pre -hospital ventilators in the amount of $8,010-1 authorizing the appropriate City Officials to execute an Agreement and necessary documents pending legal review between Broward County and the City of Tamarac for grant funding in the amount of $8,010-1 providing for conflicts; providing for severability' and providing for an effective date. j. TR13666 —Adjustment factor to be applied to annual Water and Sewer Rate Schedule for Fiscal Year beginning October 1, 2021 A Resolution of the City Commission of the City of Tamarac, Florida, establishing the adjustment factor to be applied to the Annual Water and Sewer Rate Schedule for the Fiscal Year beginning October 1, 2021; providing for conflicts; providing for severability; and providing for an effective date. e _ Gity G0MMiS6iGR, of the City of TarnaFaG, Florida, to approve a Liability - - - - - - - •_ _ - - - - - • 9 i 10 Mayor Gomez asked the City Manager if there were any additions or deletions City Manager Cernech stated there was none. City Attorney Herin stated the applicant for Item 7.a. and 9.a. 5601 N. Hiatus Road, be presented together. Herin also stated Item 8.a. "Woodlands Overlay District" is a Quasi -Judicial item. Commissioner Gelin asked to remove TR13699 — "Approval of Liability Waiver Agreement with BSOs Fire Rescue Logistics Unit" for discussion Clerk Johnson conducted a roll call vote to approve the consent agenda as amended, and the motion carried unanimously 5-0. TR13669 —Approval of Liability Waiver Agreement with BSOs Fire Rescue Logistics Unit A Resolution of the City Commission, of the City of Tamarac, Florida, to approve a Liability Waiver Agreement Renewal with the Broward Sheriff's Office (BSO) to purchase emergency medical and firefighter equipment and supplies from Broward County Sheriff's Office Fire Rescue Regional Logistics Unit in an amount of one hundred and eighty six thousand ($186,000) dollars for FY22 and one -hundred and ninety five thousand ($195,000) dollars for FY23 for a total amount not to exceed three hundred and eighty one thousand ($381,000) dollars for a two year period and authorize the City Manager to extend the total dollar amount by an additional twenty five thousand ($25,000) dollars annually based upon exigent circumstances; authorizes the appropriate City officials to execute a Liability Waiver Agreement for the purchases; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve, Commissioner Gelin seconded. Mayor Gomez opened for comments from the public. There being none, Mayor Gomez closed public comments. Discussion by the Commission ensued. Clerk Johnson conducted a roll call vote, and the motion to approve carried unanimously. 5. REGULARAGENDA a. TR13654 —Renaming the large dog area of the Gary B. Jones Park for People and Pups A Resolution of the City Commission of the City of Tamarac, Florida, renaming the large - dog area of the Gary B. Jones Park for People and Pups in honor of Dr. Michael Horba I; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Director of Parks & Recreation, Greg Warner, provided comments related to the request and the city receiving a resident petition. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote, the motion to approve carried unanimously 5-0. b. TR13667 —Authorization to deviate from Section 2-76(4)(e) and grant a reduction in the lien amount for property located at 6700 NW 74Avenue/Anthony Aidone to $125,000 A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing a deviation from Section 2-76 of the City of Tamarac Code of Ordinances entitled "Lien Reduction and Abatement Procedures", specifically Section 2-76(4)(e), to allow for a reduction in the lien amount to the amount of one hundred and twenty five thousand dollars, for property located at 6700 NW 74 Avenue (Anthony Aidone); providing for conflicts; providing for severability; and providing for an effective date. City Attorney, Herin, read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. Director of Community Development, Maxine Calloway, provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez opened for public comments. 1. Ryan Abrams, representing the buyer, requested that the City reduce the total lien to 2% or $32,000. Abrams stated the buyer plans to close tomorrow, and the City will have the money transferred immediately. Discussion by the Commission ensued related to where the money to pay the existing liens comes from, the amount of staff time dedicated to the property, status of other homes like this in other neighborhoods, etc. Following discussion, Clerk Johnson conducted a roll call vote and the motion carried unanimously 5-0. 6. ORDINANCE(S) FIRST READING a. TO2479 — Amendment to the City's Comprehensive Plan to create a new Property Rights Element as required by Florida Statutes 177.3177(6)(i)/HB59 An Ordinance of the City Commission of the City of Tamarac, Florida, adopting an amendment to the City of Tamarac Comprehensive Plan, by and through procedures required for the expedited state review process pursuant to authority under state statutes Section 163.3184, specifically creating a new property rights element of the comprehensive plan entitled "Property Rights" attached hereto as Exhibit "A"; authorizing transmittal of the adopted property rights element comprehensive plan amendment to the Department of Economic Opportunity and other agencies as required by Florida Statutes 163.3184(3) providing for inclusion in the comprehensive plan; providing for conflict; providing for severability; and providing for and effective date. City Attorney, Herin, read the title for the record. Commissioner Placko motioned to approved. Commissioner Gelin seconded. Mayor Gomez opened for public comments. 1. Ron Wasserman, of 8577 Jade Drive, Tamarac, stated there are problems all over the city with property rights. No comments from the Commission. Following discussion, Clerk Johnson conducted a roll call vote and the motion carried unanimously 5-0. 7. PUBLIC HEARING a. TO2477 — Land Use map Change of 5601 N Hiatus Road to change the future land use designation of approximately 15.82 gross acres of land from "Commercial" to "Industrial" An Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Small Scale Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3187 of the Florida State Statutes, for said land situated, lying, and being in Broward County, Florida, and located at 5601 N. Hiatus Road, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to change the future land use designation of approximately 15.82 gross acres of land from "Commercial" to "Industrial" to facilitate and allow for the development of an industrial use and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac (Case No. 1-LUA-21); authorizing transmittal of the Small Scale Land Use Map Amendment to the Broward County Planning Council for recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Placko motioned to approve. Vice Mayor Villalobos seconded. b. T02478 — Rezoning of 5601 N. Hiatus Road from MU-C (Mixed -Use Commercial) zoning classification to BP (Business Park) zoning classification (Quasi -Judicial) An Ordinance of the City Commission of the City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for approximately 12.55 acres of land situated, lying, and being in Broward County, Florida, and legally described in Exhibit "A", from the current MU- C (Mixed -Use Corridor) zoning classification to BP (Business Park) zoning classification, to facilitate the development of a distribution center use and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 2-Z-21); providing for amendment to the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record, and provided rules governing quasi-judicial proceedings. Clerk Johnson swore in Director of Community Development, Maxine Calloway, on behalf of the applicant, Dennis Mele, and the petitioner Gene Buckley. Mayor Gomez asked if any of the members of the Commission had any ex parte communications regarding the matter. Commissioner Bolton, Commission Placko, Vice Mayor Villalobos did not have any communications. Commission Gelin and Mayor Gomez both stated they had communication with the attorney representing the applicant. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Director of Community Development provided a presentation, which is on file in the City Clerk's Office. Dennis Mele, on behalf of the applicant, provided a presentation, which is on file in the City Clerk's Office. Calloway stated the Planning Board had a positive recommendation, with one negative vote. Mayor Gomez asked if there were any individuals in the audience, who would like to ask questions or speak on the matter. Clerk Johnson swore in Ron Wasserman. 1. Ron Wasserman, of 8577 Jade Drive, Tamarac, expressed his concern for the increased traffic in the area and asked the Commission to not approve the item. There being no other comments, Mayor Gomez closed public comments. Discussion by the Commission ensued related to increased traffic, proximity to the Sawgrass Expressway, what the recommendation of the Planning Board was, how many jobs the facility will bring to the area, being a LEED certified building, total impact fees and annual revenue for the city, etc. Calloway clarified the dissenting vote on the Planning Board was by David Mountford. Economic Development Manager, Lori Funderwhite, replied to questions related to bringing in this type of business to the city. Gene Buckley, of TPA in Atlanta, provided comments related to the purchase, project and building in an efficient manner. Clerk Johnson conducted a roll call vote and the motion to approve T02477, and it carried 4-1. Commissioner Gelin, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez being in favor, and Commissioner Bolton not in favor. Clerk Johnson conducted a roll call vote and the motion to approve T02478, and it carried 4-1. Commissioner Gelin, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez being in favor, and Commissioner Bolton not in favor. 8. ORDINANCE(S) SECOND READING a. T02463 — Prohibition of Begging, Panhandling & Solicitation Ordinance An Ordinance of the City Commission, of the City of Tamarac, Florida, amending Chapter 14 of the City's Code of Ordinances entitled "Motor Vehicle and Traffic: by amending Article I, Section 14-3 entitled "Activity Restricted on Streets"; Prohibiting Begging, Panhandling and Solicitation in and upon Roadways and Rights -of -Way within the City; providing for definitions; providing for findings and intent; providing for penalties; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote and the motion carried 4-1. Commissioner Gelin, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez being in favor, and Commissioner Bolton not in favor. 9. QUASI-JUDICIAL HEARING(S) a. T02476 — Ordinance Extendina the Woodlands Overlay District Termination Date to Sunset and Terminate Nunc Pro Tunc Four (4) Years after the Effective Date of the Land Development Code An Ordinance of the City Commission of the City of Tamarac, Florida extending the Woodlands Overlay District termination date, nunc pro tunc to July 12, 2022 by amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land Development Code" by amending Article 2, entitled "Zoning Districts" by specifically amending Section 10- 2.7(C), entitled "Woodlands Overlay District', to sunset and terminate the woodlands overlay district four years after the effective date of the City of Tamarac Land Development Code, in conformity with the City of Tamarac Comprehensive Plan; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Mayor Gomez opened for public comments. There being none, Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote and the motion carried unanimously 5-0. 10. OTHER None. There being nothing further to discuss, Mayor Gomez adjourned the meeting on Wednesday, August 25, 2021 at 9:41 p.m. Minutes transcribed and submitted by City Clerk Jennifer Johnson. OF TAA4,1,q%,� JL ifer Johns n, C w ESTABLISHED',*•� -33 1963 SEAL Michelle J. Gomez, Mayor .... ` 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, Aug. 25, 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. PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR COMMISSION MEETING AUGUST 25, 2021 PLEASE PRINT FULL NAME *ADDRESS* PHONE NO. PRINT NAME ADDRESS PHONE ► , .. �+ �:� < v Al.�► ..,/W.�... A M �, Arai% 0 rug'.�"��►i��%�� it �ir.�irt I. �1� ills- f � L1 0 I am Rudy Delgado of Section 1Ele ven Fairhaven Eleven. I am here for a conclusion on a follow up on a follow up for an issue dealing with irrigation where Adrian Landscaping was hired to rebuild the entire irrigation system for our 255 homes. The issue is that his company made the rebuilding with no permit and they did a mediocre job. If we look at the irrigation at Section 12 and 13 we will see that they have Rainbird timers and underground wiring to the home valves. In our casewe would need 13 Rainbird timers and the complete reworking of the electrical lines to the homes. But this is not what was done. They installed about 130 battery operated timers. These timers are from Hunter and they clearly state that they are a special application for where there is no electricity available: suc h a remote farm. If I go to an ATM machine to get $1001 would expect the machine to give me 5, $20 bills. I don't expect that machine to give me 100 $1 bills. That is what we have here: instead of 13 timers we have 130 timers that are completely isolated in a system that is not coherent. I finally got the attention of the Chief Building inspector, Mr. George Folles, and he sent Cary Bauer to my home to inspect the new irrigation installation. To my surprise, Cary said that the installation was OK and he justified everything the way it was done. I am disappointed. I was so convinced that the City of Tamarac was going to help me. They actually approve everything Adrian Landscape is doing. That company does landscaping, not irrigation. Furthermore they don't even have an office.The address they provide is the address of a mail box next to a supermarket. So Adrian Landscape has been vindicated and as far as the City of Tamarac they may continue doing the same mediocre job everywhere and with no permits. Mr. Chief Building Officer, remember Adrian Landscaping and the 100 single$ bills. Rudy Delgado * rudydelgadoQhotmail.com * 954-529-7575 ABRAMs LAW .FIRM 8/23/2021 City Commission City of Tamarac 7525 NW 88 h Avenue Tamarac, FL 33321 888 SE 3rd Ave., Suite 400 Fort Lauderdale, FL 33316 Office: 954.332.2358 Email: rabrams iDabrams-law.com Website: www.abrams-law.com RE: 6700 NW 75tb Ave, Tamarac, FL 33321 (the "Property") Lien Reduction Request August 25, 2021 Commission Meeting — Item # TR13667 Dear Commissioners: The City's staff has proposed a reduction of liens on the above Property, currently totaling $1,756,375, to $125,000. This request is scheduled to be heard at the regular commission meeting on August 25, 2021. This firm represents FREA, LLC ("FREA"), a buyer under contract to purchase the Property, with closing scheduled on August 26, 2021. FREA hereby respectfully requests a further reduction to two percent (2%) of total fines accrued, or $35,127.50, as justified under the unique circumstances of this property. This amount is equal to approximately 13% of the Property's market value ($261,280) as assessed by the Broward County Property Appraiser for 2021. Procedural history As of early 2018, there were 11 liens recorded on the Property and multiple continuing violations existed. Compliance became a priority for the City. The City Commission authorized a lawsuit for injunction to enforce ordinances and prevent a continuing violation, which was filed on June 27, 2018. Of primary concern to the City was the operation of a landscaping business from the residence, with various work vehicles apparently stored there. The lawsuit also included two additional counts to foreclose and seek damages on the liens. Ultimately, a settlement agreement was entered with then -owner Anthony Aidone on December 3, 2018, through his attorney. The agreement called for dismissal of all counts of the lawsuit, with no fines paid, and gave the court continuing jurisdiction to enforce code compliance through its power of contempt, which the court ultimately exercised on October 21, 2019. Thereafter, Mr. Aidone passed away in late 2019. The Property is now in compliance on all violations except for CE14-10200312 (a building code violation — failure to obtain permits for installation of "glass blocks" in two windows). All 11 liens are recorded and remain active. Total fines on the liens have accrued to $1,756,375.00. Given the unusual number of compliance issues for this Property, the City's staff has submitted a lien reduction request to the City Commission, which seeks authorization to reduce fines to Abrams Law Firm, P.A. e 888 SE 31 Ave., Suite 400, Fort Lauderdale, FL 33316 • 954-332-2358 $125,000. Note that the City's Code of Ordinances, Sec. 2-76 authorizes only the code enforcement special magistrate or the community development director to reduce fines. Here, the magistrate arguably retains jurisdiction to consider fine reduction, since the litigation is no longer pending. In any event, FREA is prepared to issue immediate payment to the City for a reasonable settlement of the liens, as proposed herein. Narrative supporting reduction Request The foremost goal of code enforcement is compliance; revenue generation is secondary. In the Future Land Use element of the City's Comprehensive Plan, Objective 5 states that the Code Enforcement Division will be enhanced "to prevent and remove blight." Florida law provides that the intent of code enforcement is "to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state...." § 162.03, Fla. Stat. (2020). It is also acknowledged by staff that the reduction of fines will satisfy Goal #4 of the City of Tamarac 2040 Strategic Plan, "Tamarac is Vibrant". The City's dismissal of the litigation against Mr. Aidone, including the claims for foreclosure and money damages, proves that the City's goal is to achieve compliance. To this end, all violations are currently in compliance, except for CE14- 10200312. The goal of compliance shared by FREA. Upon closing on the purchase of the property, FREA will prioritize correcting the one remaining violation. Bearing in mind the City's policy goal of compliance, we respectfully ask that the City consider a greater reduction of the fines to a more manageable sum. There is increasing volatility in this real estate market, with COVID-19 again on the rise and possible interest rate increases looming. Further, adequate margins are needed to allow for investment in renovations of the Property. A substantial sum, yet undetermined, will be needed for renovations. Accordingly, a further reduction of fines is warranted; we propose two percent (2%) of total fines accrued, or $35,127.50, which accounts for 13% of the Property's market value ($261,280) as assessed by the Broward County Property Appraiser for 2021. In contrast, the $125,000 amount proposed by staff is 48% of the market value. The amount proposed by staff is well-intentioned and appreciated, but respectfully, does not adequately account for the market value of the Property and need for renovations. Exorbitant fines can have the unintended consequences of disincentivizing transfer of ownership and reinvestment in degraded properties. In light of the foregoing, FREA hereby offers $35,127.50 to settle the lien amounts for the Property, conditioned on being permitted a reasonable time to correct the outstanding violation (CE14-10200312) without additional fines accruing thereon. This amount will be paid by cashier's check within five (5) days after August 25, 2021, if approved by resolution at that meeting. Thank you for considering the above request. We appreciate the opportunity the City is providing for lien reduction to facilitate the sale of and reinvestment into the Property. Note: This request is for settlement purposes only, and does not waive other rights, remedies or defenses that may be available under law, should this offer not be accepted. Sincerely, 2 Abrams Law Firm, P.A. e 888 SE 31 Ave., Suite 400, Fort Lauderdale, FL33316 9 954-332-2358 Is/Ryan A. Abrams Ryan A. Abrams, Esq. Abrams Law Firm, P.A. 888 SE 311 Ave., Suite 400, Fort Lauderdale, FL 33316 • 954-332-2358