[CALL TO ORDER]
[00:00:02]
>> GOOD EVENING EVERYBODY AND WELCOME TO THE SEPTEMBER 22, 7:00 PM, TAMARAC CITY COMMISSION MEETING.
CITY CLERK, PLEASE CALL THE ROLL.
>> YES. THANK YOU, MADAM MAYOR. COMMISSIONER BOLTON.
>> GOOD EVENING. IF EVERYONE COULD PLEASE STAND AND WE WE'LL BE LED BY COMMISSIONER PLACKO, THIS EVENING IN OUR PLEDGE OF ALLEGIANCE
[1. CITY ATTORNEY REPORT]
WE WILL GO TO ITEM NUMBER 1, OUR CITY ATTORNEY REPORT.>> THE ONLY ITEM THAT I HAVE TO REPORT TO YOU WAS A BRIEF FOLLOW-UP ON DIRECTION GIVEN BY THIS COMMISSION TO MYSELF AND STAFF.
WE'RE ON OUR WAY TO RESOLVING AND COLLECTING $125,000 FEE OR AGREEMENT ON THE SETTLEMENT OF THE [INAUDIBLE] CODE CASE AND CONDITION OF THAT IS THAT THE REMAINING CODE VIOLATION MUST BE BROUGHT IN COMPLIANCE AS WELL.
WE HOPE TO HAVE THAT COMPLETED BY THE END OF THIS WEEK. NOTHING FURTHER.
>> EXCELLENT. THANK YOU. CITY MANAGER, YOUR REPORT, PLEASE?
>>I DON'T HAVE A REPORT. THANK YOU MAYOR.
>> WE ARE NOW MOVING ON TO PUBLIC PARTICIPATION
[3. PUBLIC PARTICIPATION]
AND THE INTER-MODAL THE SHEET IS BEING BROUGHT UP.CITY ATTORNEY, WOULD YOU LIKE TO READ THE RULES OF THE ROAD?
>> YES MADAM MAYOR AND MEMBERS OF THE COMMISSION.
MEMBERS OF THE PUBLIC MAY SPEAK AT CITY COMMISSION MEETINGS DURING PUBLIC HEARING, READ TIME SPECIFIED BY THE MAYOR PRESIDING OFFICER DURING THE PERIOD SET ASIDE FOR PUBLIC DISCUSSION ON CITY COMMISSION AGENDA SUBJECT TO THE FOLLOWING RULES.
MEMBERS OF THE PUBLIC MAY SPEAK ONLY AT TIMES DESIGNATED BY THE CITY COMMISSION.
SPEAKERS WILL LIMITED TO THREE MINUTES AND OUR MARK SHALL BE DRESSED THE CITY COMMISSION AS A BODY THROUGH THE MAYOR AND NOT TO ANY MEMBER THEREOF? I REPEAT, NOT TO ANY MEMBER THEREOF.
MEMBERS OF THE PUBLIC SHALL ADDRESS ONLY THE TOPICS BEING DISCUSSED AND DISRUPTIVE [INAUDIBLE] OR ABUSIVE CONDUCT BY ANY MEMBER OF THE PUBLIC IS PROHIBITED AND SHALL NOT BE PERMITTED.
ANY MEMBER OF THE PUBLIC WHO VIOLATES THIS REQUIREMENT, MAY BE INSTRUCTED BY THE CITY COMMISSION TO REMOVE HIMSELF OR HERSELF FROM THE COMMISSION CHAMBERS OF THE CITY UPON HIS OR HER FAILURE TO DO SO, A MEMBER OF THE BROWARD SHERIFF'S OFFICE SHALL REJECT THE PERSON FROM THE COMMISSION CHAMBERS UPON INSTRUCTION BY THE CITY COMMISSION.
LAST BUT NOT LEAST, SHALL BE UNLAWFUL FOR ANY PERSON TO REFUSE SUCH ORDERS, AND MEMBERS OF THE PUBLIC ARE REQUESTED THAT THEY STATE THEIR NAME AND ADDRESS FOR THE RECORD IN LIEU OF THEIR ADDRESS.
MEMBERS OF THE PUBLIC MAY GIVE THEIR CITY OF RESIDENCE.
>> THANK YOU VERY MUCH. WE WILL NOW OPEN PUBLIC PARTICIPATION, AND I HAVE MR. RUDY DELGADO.
>> THANK YOU. I AM RUDY DELGADO FROM SECTION 11, FAIR HEAVEN 11, DISTRICT 2.
FIRST, MADAM MAYOR GOMEZ AND MR. GELIN, MY COMMISSIONER, MY HOMEOWNER'S ASSOCIATION, WE NEED YOUR ATTENTION.
YES. WE ARE A SMALL COMMUNITY OF ONLY 255 SINGLE HOMES FOR PEOPLE OVER 55.
I TEND TO BELIEVE THAT WE HAVE BEEN NEGLECTED.
I ALSO UNDERSTAND THAT WE ARE STILL ON THE COVID RESTRICTIONS.
IT IS OBVIOUS THAT MAY ASSOCIATION PRESIDENT, MR. ROSE, TAKES THIS COVID RESTRICTIONS OPPORTUNITY TO NOT HAVE HOMEOWNER MEETINGS.
LAST HOMEOWNER MEETING WAS PAST OCTOBER ALMOST ONE YEAR AGO, AND HIS ADMINISTRATION MAKES ALL THE DECISIONS WITHOUT INPUT FROM THE COMMUNITY.
>> IN APRIL, WE HAD AN ELECTION MEETING, WHICH IF CONSIDERED A HOMEOWNER'S MEETING WAS NOT PROPERLY ADVERTISED AND THERE WAS NO QUORUM.
AS A RESULT, THE INCUMBENT RE-ELECTED THEMSELVES.
FURTHERMORE, AFTER ROSE BEING PRESIDENT AGAIN TOOK ON THE TASK OF SELECTING BOARD MEMBERS AND IGNORE PETITIONS FROM THREE CANDIDATES FOR OUR MEMBERS AT THE MEETING AND INSTALL 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 VIRGINIA, IS A BULLY, WHOSE SCREAMS AT PEOPLE.
IN GENERAL, MEETINGS ARE CONDUCTED WITH AGGRESSION.
INTELLIGENT DIALOGUE IS NOT APPRECIATED.
THE TREASURER SOLD HER HOUSE AND MOVED OUT EARLY AUGUST,
[00:05:03]
AND WE DON'T KNOW WHO THE NEW TREASURER IS.THE LATEST NEWSLETTER DOES NOT SHOW THE NAMES OF THE BOARD MEMBERS AND THEY DO NOT SHOW FINANCIAL RECORDS AS STATED IN THE BY-LAWS.
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 '70S WHEN SEVERAL COMMUNITIES WERE BEING DEVELOPED IN TAMARAC, THEY ALL SEEM TO HAVE BEEN EQUIPPED WITH THE SAME KIND OF GROUP IRRIGATION SYSTEM WHICH WAS USING CANAL WATER PUMPS AND MECHANICAL TIMES THAT WERE IN FASHION AT THAT TIME.
AFTER ALL THIS YEARS, THIS SYSTEMS NEED REBUILDING AND BROUGHT INTO THE DIGITAL ERA.
BUT ACCORDING TO MR. GEORGE FALLS, 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'M MOVED ON 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 INSTALLATION OF COMMUNITY IRRIGATION AND TO HELP STANDARD MODEL TRUSTED AND APPROVED SO THAT WE DON'T GET UNSCRUPULOUS COMPANIES THAT CHEAT THE SYSTEM. THANK YOU.
>> THANK YOU, MR. DELGADO. THERE'S NO ONE ELSE WHO HAS SIGNED UP FOR PUBLIC COMMENTS, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK ON ANY MATTER THAT IS NOT ON THE AGENDA? SEEING NONE. PUBLIC COMMENTS ARE NOW CLOSED.
THANK YOU VERY MUCH. WE WILL NOW TURN TO OUR CONSENT AGENDA.
[4. CONSENT AGENDA]
INTERIM CITY MANAGER, ARE THERE ANY ADDITIONS, DELETIONS, CHANGES? THERE ARE NO ADDITIONS OR DELETIONS.HOWEVER, WE WOULD JUST ASK THAT YOU MOVE ITEMS 9, A, B, AND C TO BE HEARD AT THE SAME TIME WITH ITEM 7A AND THAT'S THE PARK SIDE ALF ITEM.
THANK YOU. BEING NO OTHER CHANGES, I WILL ASK FOR MOTION SECOND TO CONSENT?
>> MADAM MAYOR, I WOULD LIKE TO REMOVE ITEM 4 FOR SEPARATE DISCUSSION.
>> THE REQUEST IS FOR 4 AT R1 36 7, 6 BSO SPECIAL DETAIL FOR PARKS AND RECREATION DEPARTMENT HAS BEEN PULLED.
ARE THERE ANY OTHER ITEMS TO BE PULLED? SEEING NON MAY I GET A MOTION AND A SECOND FOR THE CONSENT AGENDA AS AMENDED.
>> MOTION TO APPROVE AS AMENDED.
>> THANK YOU. CITY CLERK, PLEASE CALL THE ROLL.
>> THANK YOU MADAM MAYOR. MAYOR GOMEZ?
>> THANK YOU. COMMISSIONER PLACKO?
>> MOTION PASSES UNANIMOUSLY FOUR TO ZERO.
[4.e. TR13676 - BSO Special Detail for Parks & Recreation Department]
>> THANK YOU. I NEED A MOTION, A SECOND TO HAVE 4 AT R1 36.
I NEED THE CITY ATTORNEY TO READ TR13 676 PSS SPECIAL DETAILS FOR PARK AND REC TITLE INTO THE RECORD.
>> THANK YOU, MADAM MAYOR. MEMBERS OF THE COMMISSION.
IT'S A RESOLUTION TO 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 PERMANENT APPLICATION FOR POLICE SERVICES BE USED BY THE PARKS AND RECREATION DEPARTMENT AND AMOUNT NOT TO EXCEED $89,200 IN FISCAL YEAR 22, OCTOBER 1, 2021 THROUGH SEPTEMBER 30TH, 2020, TO APPROVING FUNDING FOR THE APPROPRIATE PARKS AND RECREATION ACCOUNTS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
>> THANK YOU. I'LL TAKE A MOTION OR SECOND.
>> THANK YOU. THERE IS NO PRESENTATION BEFORE US COMMISSIONER BOLTON, DO YOU HAVE SOMETHING THAT YOU WISH TO BRING UP?
>> YES. QUESTION FOR MS. GONE.
ON WHAT DATA DID WE RELY TO BRING THIS ITEM FORWARD? I NOTICED THAT WE ARE GOING TO SPEND AROUND $89,200 ON THESE FOR SPECIAL EVENTS AND WEEKENDS AND BUSY WEEKENDS AND THAT SORT OF STUFF.
JUST ELABORATE ON WHAT DATA, WHAT TREND ARE WE LOOKING AT FOR THIS?
GREG WARNER IS ON THE LINE AND HE IS BEST PREPARED TO ANSWER THAT QUESTION.
GREG, COULD YOU PLEASE ANSWER THE QUESTION? WELL, I DON'T HEAR HIM BUT I BELIEVE WHAT WAS USED [NOISE] WAS PAT.
>> OKAY. I'M SORRY, I'M HAVING SOME COMPUTER ISSUES ON MY PHONE.
THE DATA THAT WE USE FOR THE BSO DETAIL IS THE NUMBER OF HOURS THAT THE PARKS ARE OPEN,
[00:10:07]
AND THE HEAVY PERIODS THAT PEOPLE ARE UTILIZING THE PARKS IS WHEN WE UTILIZE THE BSO DETAILS.THOSE OFFICERS ARE DEDICATED TO PATROL ALL OF OUR PARKS ON THOSE EVENINGS AND WEEKENDS AS WELL AS DURING SPECIAL EVENTS TO HELP US CONTROL THOSE CROWDS AND ADDRESS ANY ISSUES THAT WE MAY HAVE IN THE PARKS.
WE DEDICATE THE HOURS FOR THEM BASED UPON USAGE OF THE PARKS AND THE NUMBERS OF PEOPLE IN THE PARKS IN DIFFERENT TIMES.
WHAT PERCENTAGE OF THE $89,200 WOULD ACCOUNT FOR SPECIAL EVENTS?
>> I WOULD HAVE TO BREAK THAT OUT.
I CAN NAME THE SPECIAL EVENTS THAT THEY ARE UTILIZED FOR.
THE VETERANS MEMORIAL DAY CEREMONIES, THE 4TH OF JULY IS A HEAVY USAGE, TURKEY TROT.
THEN WHAT WE TRADITIONALLY DO SAY HALLOWEEN, THOSE TYPES OF EVENTS WE'LL HAVE 1-2 BSO DETAIL OFFICERS FOR THOSE.
I'M SORRY, COMMISSIONER, I DON'T HAVE AN EXACT PERCENTAGE FOR YOU.
>> GOT IT. WOULD THIS BE THE FIRST TIME WE ARE APPROVING ADDITIONAL FUNDS FOR BSO FOR OUR SPECIAL EVENTS AND PARK HOURS?
>> NO. FOR THE PAST 20 YEARS THAT I CAN SPEAK OF, THAT I'VE BEEN HERE, WE'VE ALWAYS UTILIZED THE BSO SPECIAL DETAIL FOR BOTH SPECIAL EVENTS AND PARK PATROLS.
THIS NUMBER OF $89,000 IS NO LARGER THAN WHAT WE'VE UTILIZED IN THE PAST.
>> OKAY. MY FINAL QUESTION GREG, WHY DO YOU THINK THAT THIS IS NOT A PART OF THE GENERAL BSO BUDGET THAT WE APPROVE EVERY YEAR?
>> THE DIFFERENCE IS THE BSO BUDGET THAT YOU APPROVE EACH YEAR BASED ON THE CITY CONTRACT IS FOR THE PATROL OF THE CITY STREETS AND GENERAL POLICE PATROL.
THE ITEM THAT YOU'RE LOOKING AT NOW IS SPECIFIC TO PARKS.
THESE OFFICERS ARE DEDICATED TO THE PARK.
THEY WOULD NOT SAY BE CALLED OUT ONTO A CALL FOR SOMETHING THAT'S HAPPENING WITHIN THE CITY.
THEY ARE DEDICATED TO THE PARK PATROL WHEN THEY'RE ON DETAIL.
>> OKAY. THANK YOU SO VERY MUCH FOR ANSWERING MY QUESTIONS.
>> YOU'RE WELCOME. THANK YOU, COMMISSIONER.
>> THANK YOU. AS WE PULL THIS ITEM OFF OF CONSENT, I DON'T IF THIS GOES TO THE CLERK OR TO THE CITY.
ATTORNEY ARE WE REQUIRED TO OPEN IT UP FOR PUBLIC COMMENTS NOW? YES, NO?
>> TO THE EXTENT THAT IT'S A RESOLUTION IT'S NOT REQUIRED, IT'S NOT A PUBLIC HEARING ITEM.
BUT IF YOU CHOOSE OR IF THERE IS SOMEONE WHO WISHES TO SPEAK ON IT, ITS THE PREROGATIVE OF THE COMMISSION.
>> I ASKED BECAUSE WE'VE HAD IT FOR REGULAR HEARING ITEMS AS WELL.
I'LL JUST OPEN IT UP INCASE THERE'S ANYBODY IN THE AUDIENCE WHO HAS ANY QUESTIONS OR COMMENTS ON THIS MATTER.
CITY CLERK PLEASE CALL THE ROLL.
>> MOTION PASSES UNANIMOUSLY FOUR TO ZERO.
[5.a. TR13677 - Sunset Point - Veterans Park Renovation Project]
WE WILL NOW GO TO OUR REGULAR AGENDA ITEM 5 ATR13677, SUNSET POINT VETERANS PARK RENOVATION PROJECT.CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE FOR THE RECORD?
>> YES, MA'AM. I REMEMBERS THE COMMISSION TO RESOLUTIONS THE CITY COMMISSIONS, CITY OF TAMARAC, FLORIDA ALREADY MARK P21-21B, SUNSET POINT AND VETERANS PARK RENOVATION PROJECT TO HOME EXPRESS CORPORATION, DBA, HE BUILDERS INC.
APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND HOME EXPRESS CORPORATION, DBA HE BUILDERS INC. AT A COST NOT TO EXCEED 1,800,000, AND A CONTINGENCY ALLOWANCE OF $270,000 FOR TOTAL PROJECT BUDGET OF 2,070,000 APPROVING FUNDING FROM THE APPROPRIATE CAPITAL IMPROVEMENT ACCOUNTS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
>> THANK YOU VERY MUCH. ANY MOTION THAT SECOND?
[00:15:04]
>> THANK YOU. GREG WARNER OUR PARK AND REC DIRECTOR IS AVAILABLE FOR QUESTIONS, WE HAD A WHOLE PRESENTATION ON THIS IN A WORKSHOP ON MONDAY.
I WILL OPEN THIS UP NOW FOR PUBLIC COMMENTS.
IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS MATTER? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.
SEEING NO QUESTIONS FROM THE COMMISSION, CITY CLERK, PLEASE CALL THE ROLL.
>> COMMISSIONER GELIN. I'M SORRY. COMMISSIONER BOLTON?
>> MOTION PASSES UNANIMOUSLY, FOUR TO ZERO.
>> EXCELLENT. I'M GOING TO ASK WE'RE HAVING THE 7A,
[7.a. TR13616 - Parkside Memory Care Allocation of Bonus Sleeping Rooms]
[9.a. TBO47 - Parkside Memory Care ALF Variance - Parking]
[9.b. TBO48 - Parkside Memory Care Variance - Landscape]
[9.c. TR13618 - Parkside Memory Care Major Revised Site Plan]
ALONG WITH OUR QUASI JUDICIAL.IN THE RESPECT OF READING IT, WE'RE GOING TO ASK THE CITY ATTORNEY TO READ THE TITLES AND SO 7A PUBLIC HEARING, TR13616 PARK SIDE MEMORY CARE ALLOCATION OF BONUS SLEEPING ROOMS. CAN YOU PLEASE READ THE TITLE FOR THE RECORD?
>> WOULD YOU PREFER THAT I ACTUALLY READ THE QUASI JUDICIAL RULES FIRST BEFORE READING THE TITLE?
>> IF YOU'D LIKE TO. MY UNDERSTANDING IS WE WERE TRYING TO MAKE SURE THAT THE PUBLIC HEARING WAS BEING KEPT SEPARATELY, BUT WE WERE DOING ALL THINGS SO THE PRESENTATION WOULD BE TOGETHER.
>> CORRECT. ALL PERSONS TESTIFYING BOTH CITY COMMISSION AND QUASI JUDICIAL MATTERS MUST BE SWORN IN THE PETITION, ANY ETHIC AND PERSON SHALL BE GIVEN THE OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS EXAMINING WITNESSES WERE BY ANY TESTIMONY.
OUR EVIDENCE RELIED UPON BY REASONABLY PRUDENT PERSON TO CONDUCT THEIR BUSINESS SHALL BE ADMISSIBLE WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER, IMMATERIAL OR UNDULY REPETITION EVIDENCE SHALL BE EXCLUDED.
HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHALL NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING.
DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL IF AVAILABLE.
UPON REQUEST, THE PARTY SHALL BE GIVEN AN OPPORTUNITY TO COMPARE THE COPY WITH THE ORIGINAL.
A PARTY SHALL BE ENTITLED TO CONDUCT CROSS-EXAMINATION WITH TESTIMONIES PROVIDED THE DOCUMENTS ARE MADE PART OF THE RECORD.
THE PRECEDING CELL GENERALLY BE AS FOLLOWS IN OUR INFORMAL AND MANNER.
THE MATTERS CALLED BEFORE THE COMMISSION, STATEMENTS OF COUNSEL SHALL ONLY BE CONSIDERED AS ARGUMENTS AND NOT BE CONSIDERED AS TESTIMONY.
COUNCIL FOR PARTIES SHALL NOT BE SUBJECT TO CROSS-EXAMINATION, THE BOARD CITY COMMISSION SHALL HAVE THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE.
GENERALLY, THE ORDER PRESENTATION AS FOLLOWS, STAFF REPRESENTS ITS REPORT FIRST, THESE REPORT SHALL INCLUDE BUT NOT BE LIMITED TO A DESCRIPTION OF THE REQUESTS THE PETITIONER.
ANALYSIS WHICH INCLUDES THE CONSISTENCY WITH CITIES CONFERENCE PLAN IF APPLICABLE AND WHERE THE PETITION DOES OR DOES NOT MEET THE REQUIREMENTS TO CITY CODE, A LISTING OF THE EXHIBITS TO BE PRESENTED, A LISTING POTENTIAL WITNESSES, SUMMARY OF THE LEGAL ISSUES AND STAFFS AND BOARD'S RECOMMENDATIONS.
THE REPORT SHALL INCLUDE SPECIFIC FINDINGS, SUPPORT OF JUSTIFYING A RECOMMENDATION OR APPROVAL OR DENIAL OF THE PETITION.
PETITIONERS OR HIS OR HER REPRESENTATIVE MAY MAKE A PRESENTATION AS PETITIONER CHOOSES TO, SORRY I GOT TOO FAR.
TO MAKE A PRESENTATION WHICH SHOULD INCLUDE A DESCRIPTION AND NATURE OF THE PETITION, IF THERE'S ADDITIONAL INFORMATION THAT HAS NOT BEEN PREVIOUSLY PROVIDED TO OR BY THE CITY.
IN ADDITION, THE PETITIONER SHALL INTRODUCE ANY EXHIBITS AND WITNESSES.
PARTIES WHO ARE IN SUPPORT OF THE PETITION SHALL MAKE THE PRESENTATION.
THE PARTIES SHALL INTRODUCE ANY EXHIBITS AND WITNESSES.
PARTIES WHO ARE IN OPPOSITION OF THE PETITION SHALL MAKE THE PRESENTATIONS.
THE PARTY SHALL INTRODUCE ANY EXHIBITS AND WITNESSES.
CITY PERSONNEL ATTENDANTS SHALL PROVIDE RESPONSE TO ANY PARTY TO THE PRECEDING FINAL PRESENTATIONS BY THE PETITION CITY STAFF AND RESPONSE AND TESTIMONY FROM OTHER PARTIES.
FINALLY, THE CITY COMMISSION SHALL DELIBERATE ON THE PETITION.
NO FURTHER TESTIMONY SHALL BE TAKEN AND THE MEMBERS OF THE CITY COMMISSION, SHALL NOT ASK FURTHER QUESTIONS TO THE PERSONS PRESENTING TESTIMONY.
THE CITY COMMISSION SHALL DISCUSS THE EVIDENCE THAT WAS PRESENTED IN THE PROCEEDING AND VOTE ON THE PETITION.
THOSE ARE YOUR RULES OF QUASI PROCEDURES.
>> WHY THANK YOU VERY MUCH. NOW, IF YOU WOULD PLEASE READ THE TITLE IN 407A.
>> A RESOLUTION OF CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ALLOCATING 72 BONUS SLEEPING ROOMS TO ALLOW FOR A SPECIAL RESIDENTIAL FACILITY, CATEGORY 3, AS DEFINED IN THE BROWARD COUNTY LAND USE PLAN, CONTAINING 72 SLEEPING ROOMS FOR THE SUBJECT PROPERTY LOCATED AT 7501 NORTHWEST 76TH STREET, TAMARAC, FLORIDA.
TRACK A LESS THAN THE NORTH 20 FEET OF THE WEST, 85 FEET AND ALL A TRACK C SOUTHERN BELL TAMARAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGE 39 OF THE PUBLIC RECORDS, BROWARD COUNTY.
TO PROVIDE FOR THE CONSISTENCY WITH THE LAND DEVELOPMENT CODE IN ACCORDANCE WITH THE INTENT OF THE CONFERENCE PLAN OF THE CITY OF TAMARAC, CASE NUMBER 1 OF FLEX 21.
PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
AT THIS TIME I'M GOING TO ASK THIS COMMISSION IF YOU HAVE ANY DISCLOSURES.
I'LL START WITH THE VICE MAYOR.
>> WE'RE GOING BACK TO COMMISSIONER PLACKO.
>> AFTER THE LAST COMMISSION MEETING, WE DISCUSSED THIS.
I DID MEET WITH THE APPLICANTS AND THEIR ATTORNEY.
>> NO DISCLOSURE FOR PERMISSION BOTH IN FOR MYSELF.
I MET WITH THE APPLICANT AND THE ATTORNEY AFTER THE LAST COMMISSION MEETING AS WELL.
[00:20:05]
DISCLOSURES ARE OUT OF THE WAY.CITY CLERK, WILL YOU SWEAR IN ANY WITNESS WHO PLANS TO SPEAK ON THE MATTER? ANYBODY WHO WISHES TO SPEAK ON THIS MATTER, PLEASE STAND AND BE SWORN IN.
>> AS A NOTARY VESTED IN THE STATE OF FLORIDA, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> NOW, WE'LL ADD THE READING OF THE TITLES FOR THE QUASI-JUDICIAL PART OF THIS ITEM INTO THE RECORD.
I HAVE 98TBO47 PARKSIDE MEMORY CARE, ALF AARON'S PARKING, CITY ATTORNEY.
>> YES MA'AM, A VARIANCE FROM SECTION 10-4.3 D2 TABLE 10-4.1, MINIMUM NUMBER OF OFF-STREET PARKING SPACES TO ALLOW FOR A MINIMUM PARKING REQUIRED OF 37 PARKING SPACES FOR 43,000 SQUARE FEET OF THIS LIVING FACILITY AND LIEU OF A MINIMUM OF 92 PARKING SPACES.
NOTICE THE REQUEST FOR A VARIANCE WAS GIVEN AS REQUIRED BY LAW, THE CITY COMMISSION OF THE CITY OF TAMARAC ALSO IDENTIFIED THAT THE PROPERTY LOCATED AT 75O1 NORTH, WEST 76 STREET, TAMARAC, FLORIDA.
THE PROPERTY IS LOCATED IN THE PF PUBLIC FACILITIES ZONING DISTRICT.
WOULD YOU LIKE ME TO READ A 48 AND 13618 AS WELL?
>> YES. PLEASE READ 9BTBO4A, PARKSIDE MEMORY CARE VARIANCE LANDSCAPE.
THEN 9CTR 13618 PARKSIDE MEMORY CARE, MAJOR REVISED SITE PLAN.
>> THE VARIANTS FROM SECTION 10-4.4 D3C1, LAND DEVELOPMENT CODE TO ALLOW FOR A BUFFER AREA OF THE NON-RESIDENTIAL PLOT WITH A MINIMUM CONTINUOUS DEPTH OF 13 FEET OF LANDSCAPE AREA ALONG A PORTION OF THE NORTH PROPERTY LINE AND 14 FEET OF LANDSCAPE AREA ALONG THE EAST PROPERTY LINE, AND LIEU OF A MINIMUM CONTINUOUS DEPTH TO 25 FEET OF THE LANDSCAPING PROPERTY THAT DIRECTLY A BUNCH A RESIDENTIAL DISTRICT.
THE FINAL ITEM IS A RESOLUTION CITY COMMISSION, CITY OF TAMARAC, FLORIDA.
GRADING SITE PLAN APPROVAL MAJOR WITH CONDITIONS TO ALLOW FOR THE DEVELOPMENT OF NEW TWO-STOREY ASSISTED LIVING FACILITY FOR MEMORY CARE RESIDENTS CONTAINING A TOTAL OF 96 BEDS AND 72 SLEEPING ROOMS FOR THE SUBJECT PROPERTY LOCATED 7501 NORTHWEST 76 STREET, TAMARAC, FLORIDA.
TRACT A, LESS THAN NORTH 20 FEET OF THE WEST, 85 FEET AND ALL OF TRACT C SOUTHERN BELL TAMARAC, ACCORDING TO THE PLANT THEREOF AS RECORDED IN PLANT BOOK 89, PAGE 39 OF THE PUBLIC REGISTRY, BROWARD COUNTY CASE NUMBER 12- SP-20, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
STAFF WOULD LIKE TO ENTER INTO THE RECORD THE JUNE 23, 2021 PRESENTATION THAT WAS MEANT FOR ITEMS 7A, 9A, 9B, AND 9C.
BOTH ARE COMMUNITY DEVELOPMENT DIRECTOR. MAXINE CALLOWAY.
MAXINE CALLOWAY IS HERE TO ANSWER ANY QUESTIONS.
DINA GRAY ON BEHALF OF THE APPLICANT, HAS A SHORT PRESENTATION IF THERE'S A DESIRE FROM THE COMMISSION FOR A REFRESHER ON THE APPLICATION, OR SHE IS AVAILABLE TO ANSWER ANY OTHER QUESTIONS.
BEFORE GOING INTO THE QUASI-JUDICIAL ITEMS, WE'RE GOING TO CIRCLE IT BACK TO THE PUBLIC HEARING ON 7A OF TR13616, PARKSIDE MEMORY CARE ALLOCATION OF BONUS SLEEPING ROOMS, AS SUCH PUBLIC HEARING IS NOW OPEN.
IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE ANY STATEMENTS? HAVE ANY QUESTIONS? PUBLIC HEARING IS NOW CLOSED.
WE NEED A MOTION AND A SECOND SOMEWHERE IN HERE.
WE'RE GOING TO CIRCLE BACK AND GO FOR A MOTION AND A SECOND ON EACH OF THE ITEMS FOR 7A.
>> MADAM MAYOR, I WOULDN'T RECOMMEND THAT YOU OPEN AND CLOSE THE PUBLIC HEARING ON EACH ITEM SEPARATELY, JUST IN CASE.
>> THEN TAKE A VOTE ON EACH ITEM.
THEN OBVIOUSLY FROM A PRACTICAL STANDPOINT, IF YOU ALL DO NOT APPROVE, THE FIRST ITEM, WHICH IS THE ALLOCATION OF THE DIGITAL FLEXOR UNITS, THEN YOU CORRECT VARIANCE, AND CERTAINLY A SITE PLAN WOULD NOT BE CONSISTENT WITH THE DENIAL OF THE ORBITS.
>> BUT I NEED A MOTION AND A SECOND TO GET 7A ON ITS SABLE FIRST BEFORE I HAD PUBLIC COMMENTS.
>> THANK YOU. I NEED A SECOND.
>> THANK YOU. NOW, I'LL REOPEN PUBLIC COMMENTS ON THE PUBLIC HEARING FOR 7A.
SEEMS LIKE NOBODY WISHES TO SAY ANYTHING.
THE PUBLIC COMMENTS ARE NOW CLOSED.
SEEING IS NO DISCUSSION FROM THIS COMMISSION.
[00:25:02]
I'LL CALL FOR ROLL.>> MOTION PASSES UNANIMOUSLY 4-0.
>> THANK YOU. WHILE WE NEED TO HAVE PUBLIC COMMENTS ON EACH ITEM, I WILL TAKE A MOTION IN A SECOND FOR 9A, THE VARIANCE ON PARKING.
>> THANK YOU. I'LL OPEN IT UP FOR PUBLIC COMMENTS.
ANYBODY IN THE AUDIENCE WISHES TO COMMENT REGARDING THE VARIANCE ON PARKING, SEEING NONE.
PUBLIC COMMENTS ARE NOW CLOSED.
I SEE NO DESIRE FOR THE COMMISSION.
I WILL ASK FOR YOU TO CALL THE ROLL, PLEASE.
I TAKE IT BACK. DON'T CALL THE ROLL. COMMISSIONER, PLACKO.
>> THANK YOU VERY MUCH. I JUST LIKE TO SAY I APPRECIATED YOUR TIME AND EFFORTS IN TRYING TO ACCOMMODATE THE EXTRA PARKING.
I KNOW WE HAVE COME TO SOME OTHER CONCLUSIONS FOR IT, BUT I JUST WANTED YOU TO KNOW THAT I REALLY TRULY APPRECIATE IT ALL THE TIME AND EFFORT YOU PUT INTO IT.
IT JUST WASN'T WORKING WITH OUR ORDINANCES IN OUR CODES. THANK YOU VERY MUCH.
>> THANK YOU. SEEING NO OTHER COMMENTS. NOW, PLEASE CALL THE ROLL.
>> THANK YOU. COMMISSIONER PLACKO?
>> THANK YOU. MOTION PASSES UNANIMOUSLY 4-0.
>> THANK YOU. I'LL TAKE A MOTION AND A SECOND ON 9B.
>>THANK YOU. OPEN IT UP FOR PUBLIC COMMENTS. SEEING NONE.
PUBLIC COMMENTS ARE NOW CLOSED.
SEEING NOBODY LIGHTENING THEIR MICS.
>> MOTION PASSES UNANIMOUSLY 4-0.
>> THANK YOU. TO THE LAST ITEM ON THE LIST FOR THIS QUASI-JUDICIAL 9C THE MAJOR REVISED SITE PLAN AND NEED A MOTION AND SECOND.
>> THANK YOU. I'M OPENING UP PUBLIC HEARING ON THIS ITEM.
SEEING NOBODY WISHES TO SPEAK.
PUBLIC COMMENTS ARE NOW CLOSED.
I HAVE LIGHTS LATE, SO I'M GOING TO ASK IS VICE MAYOR, DO YOU HAVE ANY COMMENTS?
>> MOTION PASSES UNANIMOUSLY 4-0.
>> CONGRATULATIONS. WELCOME TO THE CITY.
>> WELCOME TO THE NEIGHBORHOOD.
[8.a. TO2482 - Amendment to Home Based Business provision of the Code to provide for consistency with Florida Statutes -HB 403]
WE'RE NOW GOING BACK TO 8A, ORDINANCES ON SECOND READING TO24A2 AMENDMENT TO HOME-BASED BUSINESS PROVISION TO THE CODE TO PROVIDE FOR CONSISTENCY WITH FLORIDA STATUTES HB43 CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE FOR THE RECORD?
>> YES, MA'AM. MARILYN, MEMBERS OF THE COMMISSION AND IT'S AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 TO THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED LAND DEVELOPMENT CODE, REPLACING THE TERM HOME OCCUPATION WITH HOME-BASED BUSINESS, AMENDING ARTICLE 3 ENTITLED US 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 10-3.4D, ENTITLED ADDITIONAL STANDARDS FOR SPECIFIC USES AND AMENDING ARTICLE 4 ENTITLED DEVELOPMENT AND DESIGN STANDARDS, SPECIFICALLY AMENDING SECTION 10-4.3 ENTITLED OFF-STREET PARKING LOADING OF THE CITY OF TAMARAC CODE OF ORDINANCES TO PROVIDE FOR CONSISTENCY WITH HOUSE BILL 4034 STATUTES AND SPECIFYING NEW STANDARDS FOR HOME-BASED BUSINESSES OPERATING WITHIN THE CITY OF TAMARAC, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY AND PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE.
>> THANK YOU VERY MUCH. I NEED A MOTION AND A SECOND.
>> THANK YOU. MS. CALLOWAY IS AVAILABLE FOR ANY QUESTIONS IF WE HAVE THEM, IS THERE ANYBODY AUDIENCE WHO WISHES TO SPEAK? PUBLIC COMMENTS ARE NOW OPEN.
PUBLIC COMMENTS ARE NOW CLOSED.
NO. SEEING NOTHING FROM THE AUDIENCE CITY CLERK, PLEASE CALL THE ROLL.
>> MOTION PASSES UNANIMOUSLY 4-0.
>> THANK YOU, EVERYBODY. IT IS 7:30PM ON WEDNESDAY, SEPTEMBER 22ND.
WE WILL SEE YOU HERE AT 5:05 PM ON TUESDAY,
[00:30:02]
SEPTEMBER 28TH FOR OUR BUDGET MEETING. HAVE A GOOD NIGHT.* This transcript was compiled from uncorrected Closed Captioning.