Regular City Commission Meeting

5790 Margate Boulevard City of Margate Margate, FL 33063 954-972-6454 www.margatefl.com Summary Agenda Regular City Commission Meeting Mayor Tommy Ruzzano Vice Mayor Arlene R. Schwartz Commissioners: Antonio V. Arserio, Anthony N. Caggiano, Joanne Simone City Manager Cale Curtis City Attorney Janette M. Smith City Clerk Joseph J. Kavanagh Wednesday, November 4, 2020 5:00 PM Virtual Meeting https://us02web.zoom.us/j/84460406988 Webinar ID: 844 6040 6988 CALL TO ORDER ROLL CALL MOMENT OF SILENCE - INVOCATION PLEDGE OF ALLEGIANCE 1) PRESENTATION(S) STUDENTS AND TEACHERS OF THE MONTH A. ID 2020-382 ABUNDANT LIFE CHRISTIAN ACADEMY: VERONICA NINCO (Student); CINDY BUCKLAND (Teacher), (Mrs. Stacy Angier, Principal and/or Mrs. Renate Ramirez, Assistant Principal) ATLANTIC WEST ELEMENTARY: XAVIER NIXON (Student); MARKIA D. CUNNINGHAM (Teacher), (Mrs. Shereen R. Reynolds, Principal and/or Mr. William Hartner, Acting Vice Principal) LIBERTY ELEMENTARY: CHRISTOPHER TURENNE (Student); RICHARD SAUER (Teacher), (Mr. Matthew Whaley, Principal and/or Ms. Donna Styles, Assistant Principal) MARGATE ELEMENTARY: MASSIMO MARTINEZ (Student); ALICIA TARDIF (Teacher), (Mr. Thomas Schroeder, Principal and/or Ms. Vicki Flournoy, Assistant Principal) MARGATE MIDDLE: TYLER JONES (Student); DAVID BASS (Teacher), (Mrs. Sabine Phillips, Principal and/or Assistant Principal) City of Margate Page 1 Printed on 11/02/2020 11:17 AM Regular City Commission Meeting Summary Agenda November 4, 2020 PHYL’S ACADEMY PREPARATORY SCHOOL: NATHALIE DELVA (Student); YOLANDE GEORGE (Teacher), (Dr. Jan Codling, Principal) RISE ACADEMY SCHOOL OF SCIENCE AND TECHNOLOGY: YSAAC GUADALUPE MENDEZ (Student); STEPHANIE EDWARDS (Teacher), (Dr. Adriana Guerra, Principal) WEST BROWARD ACADEMY: JEREMIAH JOHNSON (Student); ZANOVIA HANCHELL (Teacher), (Mr. Derrick Hugue, Principal and/or Assistant Principal Ms. Rossana Padron) Attachments: BACKGROUND BACKGROUND 2) PUBLIC DISCUSSION 3) COMMISSION COMMENTS 4) CITY MANAGER'S REPORT 5) CONSENT AGENDA Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired by the Commission, the item(s) will be removed from the Consent Agenda and will be considered separately. Anyone wishing to comment on any item on the Consent Agenda should approach the podium now. Each speaker is limited to three (3) minutes. A. ID 2020-378 RESOLUTION - TO ACCEPT FEDERAL FUNDING FROM THE 2020 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) GRANT PROGRAM MONITORED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE). FUNDS WILL BE UTILIZED BY THE MARGATE POLICE DEPARTMENT FOR THE PURPOSE OF RESPONDING TO AND/ OR PREPARING FOR COVID-19 RELATED OPERATIONS. REIMBURSEMENT FOR APPROVED EXPENSES ARE NOT TO EXCEED $168,393.00. Attachments: RESOLUTION 2021-CESF-BROW-6-C9-137 2021-CESF-BROW-6-C9-137 SIGNATURE PAGE B. ID 2020-385 RESOLUTION - AMENDING AND UPDATING THE CITY'S LISTING OF SOLE SOURCE MANUFACTURERS AND PROVIDERS PREVIOUSLY APPROVED UNDER RESOLUTION NO. 19-047; AUTHORIZING WAIVING OF BIDDING AS REQUIRED FOR THE PURCHASE OF BUDGETED SUPPLIES, MATERIALS, EQUIPMENT AND PROJECTS FOR SO LONG AS THE LISTED VENDOR REMAINS THE SOLE SOURCE FOR THE ITEM(S) SPECIFIED; PROVIDING FOR AN EFFECTIVE DATE. City of Margate Page 2 Printed on 11/02/2020 11:17 AM Regular City Commission Meeting Summary Agenda November 4, 2020 Attachments: RESOLUTION BACKGROUND BACKGROUND BACKGROUND 6) PUBLIC HEARING(S) A. ID 2020-387 PUBLIC HEARING FOR AN APPEAL OF A REASONABLE ACCOMMODATION DECISION RELATED TO A REQUEST FOR A COMMUNITY RESIDENTIAL TREATMENT FACILITY FOR VETERANS SUFFERING FROM POST-TRAUMATIC STRESS DISORDER AND SUBSTANCE ABUSE DISORDER, TO BE LOCATED AT 603 MELALEUCA DRIVE, MARGATE, FL 33063. A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, ______________ THE APPEAL AND ______________ THE DECISION OF THE CITY MANAGER DENYING A REASONABLE ACCOMMODATION REQUEST, BY APPLICANT MARGATE CARE FOR HEROES, FOR A COMMUNITY RESIDENTIAL TREATMENT FACILITY FOR VETERANS SUFFERING FROM POST-TRAUMATIC STRESS DISORDER AND SUBSTANCE ABUSE DISORDER, TO BE LOCATED AT 603 MELALEUCA DRIVE, MARGATE, FL 33063, PROVIDING FOR EFFECTIVE DATE. Attachments: RESOLUTION 10/21/20 BACKGROUND: MCH NOTICE OF APPEAL - MARGATE RA REQUEST 10/21/20 BACKGROUND: STAFF MEMO TO CITY COMMISSION 10/21/20 BACKGROUND: DENIAL LETTER 10/21/20 MINUTES: 2020-0721 DRAFT 7/21/20 BACKGROUND: MCH REASONABLE ACCOMODATION APPLICATION 7/21/20 BACKGROUND: EMAIL FROM APPLICANT-BUSINESS PLANS- 070120 7/21/20 BACKGROUND: MEMO_603 MELALEUCA DR_REASONABLE ACCOMMODATION 7/21/20 BACKGROUND: REZONING APPLICATION 7/21/20 BACKGROUND: 2020 LBTR_HALFWAY HOUSE 7/21/20 BACKGROUND: 2020 LBTR_RTF 7/21/20 BACKGROUND: 2019 LBTR_RTF 7/21/20 BACKGROUND: COMPARABLE TRAFFIC STUDY 7/21/20 BACKGROUND: PUBLIC HEARING NOTICE 7/21/20 BACKGROUND: EVIDENCE IN AID OF RA PRESENTATION_Received 7/21_2020 7/21/20 BACKGROUND: Declaration of Dr. Mantero_Received 7/21/20 7) RESOLUTION(S) A. ID 2020-389 CONSIDERATION OF A TEMPORARY USE PERMIT (TUP), TO ALLOW A SEASONAL SALES EVENT ON COMMUNITY REDEVELOPMENT AGENCY City of Margate Page 3 Printed on 11/02/2020 11:17 AM Regular City Commission Meeting Summary Agenda November 4, 2020 PROPERTY LOCATED AT 1423 NORTH STATE ROAD 7, FROM MONDAY, NOVEMBER 16 THROUGH MONDAY, DECEMBER 21, 2020. Attachments: RESOLUTION BACKGROUND: APPLICATION BACKGROUND: CONDITIONS OF APPROVAL B. ID 2020-396 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING THE AWARD OF BID NO. 2020-014 - FIRE STATION NO. 58 - DEMOLITION AND NEW CONSTRUCTION TO SISCA CONSTRUCTION SERVICES, LLC.; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROJECT. TOTAL AWARDED PROJECT COSTS SHALL NOT EXCEED $4,434,285.45, INCLUSIVE OF THE BASE BID GRAND TOTAL, ESTIMATED PERMIT FEES, CONTINGENCIES, AND INDEMNIFICATION. PROVIDING FOR RECONSIDERATION IN THE EVENT OF IMPASSE WITH THE CONTRACTOR RELATED TO CITY’S PROPOSED AND STANDARD AGREEMENT TERMS; PROVIDING FOR AN EFFECTIVE DATE. Attachments: RESOLUTION AGREEMENT (Sample) BACKGROUND BACKGROUND BACKGROUND BACKGROUND BACKGROUND BACKGROUND BACKGROUND BACKGROUND C. ID 2020-125 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF MARGATE FOR PARTICIPATION IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM AND FIRST AMENDMENT TO THE REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF MARGATE PROVIDING FOR COOPERATIVE PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET; PROVIDING FOR EFFECTIVE DATE. Attachments: RESOLUTION AGREEMENT CORRESPONDENCE 1 CORRESPONDENCE 2 BACKGROUND 1 BACKGROUND 2 City of Margate Page 4 Printed on 11/02/2020 11:17 AM Regular City Commission Meeting Summary Agenda November 4, 2020 8) ORDINANCE(S) - FIRST READING A. ID 2020-384 AMENDING FISCAL YEAR 2020 BUDGET (ORDINANCE NUMBERS 2019-8 AND 2020-2) AND FISCAL YEAR 2021 BUDGET (ORDINANCE NUMBER 2020-4); PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Attachments: ORDINANCE BACKGROUND 9) DISCUSSION AND POSSIBLE ACTION A. ID 2020-379 SPECIAL EVENTS FUNDING/DONATION REQUEST PROGRAM - JUNIOR ACHIEVEMENT. Attachments: BACKGROUND 1 - APPLICATION BACKGROUND 2 - TAX EXEMPT BACKGROUND 3 - BUDGET B. ID 2020-386 DISCUSSION AND POSSIBLE ACTION - SIGN CODE ENFORCEMENT ADJOURNMENT PLEASE NOTE: If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, the person will need a record of the proceedings, and for such purpose 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 to be based. Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the transcript. [Appendix A – Zoning – Section 3.3] Any representation made before any City Board, any Administrative Board, or the City Commission in the application for a variance, special exception, conditional use or request for any other permit shall be deemed a condition of the granting of the permit. Should any representation be false or should said representation not be continued as represented, same shall be deemed a violation of the permit and a violation of this section. Any person with a disability requiring auxiliary aids and services for this meeting may call the City Clerk's office at (954) 972-6454 with their request at least two business days prior to the meeting date. One or more members of the City of Margate advisory boards may be in attendance and may participate at the meeting. City of Margate Page 5 Printed on 11/02/2020 11:17 AM Regular City Commission Meeting Summary Agenda November 4, 2020 Per the unanimous approval of Emergency Ordinance 2020-6 on October 30, 2020, the City Commission finds that it is in the best interests of the City Commission, Boards, Committees, City personnel, and citizens and residents of the City to authorize the City Manager to provide for the City Commission, members of the various Boards, Committees, Magistrate, staff, and the public to be able to attend meetings electronically during a declared public health emergency, pursuant to the City’s Charter, Chapter 252, Florida Statutes, Section 4 D of Governor DeSantis’ Executive Order 20-52, and the City’s home rule authority, including that set forth in Article VIII, Section 2(b), Florida Constitution, and Section 166.021, Florida Statutes. Consistent with the authority contained in the Emergency Ordinance, and in order to ensure the health, safety, and welfare of the City of Margate’s residents and employees, the City of Margate finds that it is in their best interests to hold this virtual public meeting. • Therefore, the City of Margate will be holding this virtual meeting through the use of electronic communication. Members of the public are invited to join the City of Margate meeting by accessing the meeting through Zoom using Webinar ID: 844 6040 6988 or can call in via telephone by calling one of the following phone numbers: US: 1-669-900-6833 or 1-929-205-6099. • A copy of the Agenda for this Virtual Meeting is posted on www.MargateFL.com and on the main bulletin board outside City Hall located at 5790 Margate Blvd, Margate, FL 33063. • Any comments related to any item on the agenda can be submitted to the City of Margate via the following e-mail address: JJKAVANAGH@margatefl.com. THROUGH THE CITY’S WEBSITE: Go to www.margatefl.com Go to “Agendas & Minutes” > Find the respective meeting date and click “Agenda Summary” to view the agenda items and see the Zoom meeting website address PRIOR to the start of the meeting, email Public Comments to JJKAVANAGH@margatefl.com (all public comments that are three (3) minutes or less will be read into the record.) ALTERNATE OPTION FOR VIEWING AND PARTICIPATING IN THE MEETING: THROUGH ZOOM TECHNOLOGY: Instructions for Attendees\Participants: Topic: “Virtual Meeting - Margate Regular City Commission” Enter the following link to join the webinar: https://us02web.zoom.us/j/84460406988 Telephone: Dial (for higher quality, dial a number based on your current location): US: 1-669-900-6833 or 1-929-205-6099 Webinar ID: 844 6040 6988 To virtually raise hand and be acknowledged to speak: 1. Users who call in can dial *9 to raise their hand 2. If going through mobile (phone\tablet) app, to raise hand select "Participants", then see option to raise hand. 3. On the computer users should click "Participants" then see option to raise hand 4. Once you have been selected to speak, you will be prompted to unmute your device or stay muted. City of Margate Page 6 Printed on 11/02/2020 11:17 AM