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HomeMy WebLinkAbout2003-01-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JANUARY 22, 2003 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, Commissioner Gertrude Mishkin, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Schreiber asked Commissioner Mishkin to lead the pledge of allegiance. 1. PROCLAMATIONS/SPECIAL RECOGNITIONS: a. Presentation by Mayor Schreiber, the Commission, and City Manager Miller of employee service awards: Bambi Dietz, Firefighter 5, 5 Years; Edward Fallon, Electrician, 5 Years; Frank Gonzalez, Fleet Mechanic I, 5 Years; Tessie Gross, Accountant II, 5 Years; Bonnie Rapp, Engineering Svs. Coord., 5 Years; Nancy Flores, Office Specialist, 10 Years; William Franqui, Water System Operator II, 10 Years; Charles Guidetti, Senior Tradesperson, 10 Years; Anthony Ehrhardt, Maintenance Worker II, 15 Years, Gary Loney, SCADA Systems Spec., 15 Years; James Robinson, Distribution Supervisor, 20 Years; Charlie Baldwin, Parks Supervisor, 25 Years. b. Presentation by Linda Davidson, Director, City of Boca Raton Office of Management & Budget, of "Certificate of Achievement for Excellence in Financial Reporting" presented by the GFOA for Tamarac's Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30, 2001. Ms. Davidson said this is the 14t" consecutive year Tamarac has been presented with this certificate and recognized the Finance Department Staff for their work on behalf of the City. Bill Nealon, Controller, accepted the certificate of achievement and said the Finance Department staff, in particular the accounting department, did an outstanding job and thanked the Commission for supporting and enabling Tamarac to maintain its high degree of fiscal responsibility. -»li-11&y 2. City Commission: Mayor Schreiber said we have a great Finance Department and the City's money is in good hands. Commissioner Roberts congratulated the employees who were recognized this morning for their many years of dedicated service. Vice Mayor Portner expressed unhappiness at the Commission's decision during yesterday's workshop regarding the public works/utilities building on Nob Hill Road. He had hoped the decision would have been to create a building resembling the Tamarac Community Center January 22, 2003 1 and the new public library. Vice Mayor Portner said he did not feel that the $68,000 it would have cost to change the fagade was unreasonable in light of the total cost of the project. Vice Mayor Portner said he was opposed to the impending war and at yesterday's workshop meeting asked for a resolution opposing the President's call to war. Vice Mayor Portner said this war is not worth even one soldier's life, and as a WWII veteran, he has seen enough destruction and loss of life; and Vice Mayor Portner also spoke of vanishing civil liberties. Vice Mayor Portner said he wrote to the Supervisor of Elections several times and received no response until two weeks ago, when he was informed that a Precinct 31 at the Bermuda Club, had been added to Tamarac. Vice Mayor Portner spoke about election costs and added that he wrote to the Governor regarding his lack of confidence in the Supervisor of Elections. Commissioner Sultanof said he is in support of his colleagues' comments, and in conjunction with Vice Mayor Portner's statement regarding the war in Iraq, he feels a resolution opposing the war would have a greater punch coming from the League of Cities. Tamarac has many veterans, and technically, the United States is at war now. Commissioner Sultanof said the Supervisor of Elections is a tragic issue, and while the past Supervisor of Elections kept a very low profile, the current Supervisor of Elections is unable to carry on the process. Commissioner Sultanof spoke of civil liberties, and careful expenditures using taxpayer monies. Commissioner Sultanof said he is pleased with Tamarac's progress; God Bless this Country. Commissioner Mishkin said she could not add anything to what her colleagues said, and extended her congratulations to all the employees who were recognized this morning, and to the Finance Department. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller congratulated all the employees who received recognition this morning and said all their work is greatly appreciated. City Manager Miller thanked Controller Nealon and the accounting staff for a great job. BSO's anti -auto theft rally will be held at 9:30 a.m. on February 1, 2003 at Tamarac City Hall. The Parks and Recreation Department reports that maintenance is underway at the Community Center; the opening ceremonies for the South Florida Senior Games will be held today at Holiday Park; and the kickoff for the 2003 Tamarac Twilight Concert Series will be held on February 7th at the sports complex. The 2nd and 3rd concerts of the season are scheduled for March 7 and April 4. 5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72nd Street, Tamarac, said his son-in-law is in the Marines, and he, too, is concerned about the war. Mr. Schneider disagreed with the discussion regarding the public works/utilities building, and said he is thankful the building is being built. The fagade is a matter of taste and it is what happens inside those walls that counts. Mr. Schneider spoke about capping of trees by FPL on Pine Island Road, and said they look hacked up; the wiring should be underground. Commissioner Sultanof suggested Mr. Schneider address his concerns to Broward County because FPL is in violation regarding capping of the trees. January 22, 2003 2 CONSENT AGENDA 6. Commissioner Sultanof seconded by Commissioner Mishkin moved the addition of Temporary Resolution 10026 to the consent agenda as item 6(j). Temporary Resolution 10026, a Resolution of the City Commission of the City of Tamarac, Florida, encouraging Broward County's support and assistance for the March 11, 2003 general municipal elections; directing the City Clerk to send copies of this Resolution to the Broward County Commissioners, Broward County Manager Roger Desjarlais, and all Broward County municipalities; providing for conflicts; providing for severability; and providing an effective date. City Attorney Kraft read Temporary Resolution 10026, Revision #1 by title. Vice Mayor Partner seconded by Commissioner Roberts moved approval. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Sultanof requested removal of item 6(i) from the consent agenda for discussion and asked if this agreement contains the same hold harmless language as the agreements with Exeter and Captiva. City Attorney Kraft responded it did. 6(i). AGREEMENT — TRENT NEIGHBORHOOD ASSOCIATION INC.: (TR10023) Executing an agreement with Trent Neighborhood Association, Inc. for the City of Tamarac through the Broward County Sheriff's Office to exercise jurisdictional authority for traffic control and enforcement within the property of the Trent Neighborhood Association, Inc. Vice Mayor Portner seconded by Commissioner Sultanof moved approval of all items on the consent agenda, including 6(i) and 60). On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the January 8, 2003 regular commission meeting. APPROVED b. AGREEMENT RENEWAL AND AMENDMENT — SUN RECYCLING LLC: (TR10014) Authorizing a one year renewal of the agreement between the City and Sun Recycling, LLC for the disposal of City generated construction debris; authorizing the appropriate city officials to execute an amendment to the agreement which exercises the option to renew for a second one-year period; authorizing an annual expenditure in an amount not to exceed $40,000. RESOLUTION NO. R2003-17 C. PERFORMANCE BOND RELEASE — MCNAB BUSINESS PARK: (TR10015) Releasing a Public Improvement Performance Bond in the form of Surety Bond #1043054 from XL Specialty Insurance Company, in the amount of $84,936.00, subject to the receipt of a one-year Warranty Bond in the amount of $31,796.75 for the Water Distribution and Sewage Collection System improvements installed by Industrial Development Company of America, L.L.L.P., for the McNab Business Park Project located at 10300 - 10428 West McNab Road; authorizing the City Clerk to release Surety Bond #1043054. RESOLUTION NO. R2003-18 January 22, 2003 3 d. AGREEMENT- TRANSPORTATION ACTION PLAN — "CATALINA PLACE PLAT": (TR10024) Approving the Regional Road Concurrency Agreement between Broward County, Catalina Place, Inc., and the City of Tamarac for road concurrency relating to "Catalina Place" Plat located on the northwest corner of NW 64th Street and NW 74th Avenue (Case No. 1-AP-03). RESOLUTION NO. R2003-19 e. CONTRACT RENEWAL -- UNIFORMS: (TR10013) Approving the second renewal of the Southeast Florida Governmental Purchasing Cooperative Bid #F-3568-TF for the rental of uniforms from G & K Services effective March 1, 2003 through February 28, 2005 for a total not to exceed $40,000.00 annually; approving funding from the appropriate accounts. RESOLUTION NO. R2003-20 f. GRANT AWARD — BEAUTIFICATION AND LANDSCAPING OF MCNAB PARK ENTRANCE AND PARKING AREA: (TR10012) Accepting a grant award from Broward Beautiful in the amount of $10,000, providing for the required one to one City match for beautification and landscaping of the entrance and parking area of McNab Park; authorizing the appropriate City officials to amend the grants fund budget in the amount of $10,000 and appropriate said funds including any and all subsequent budgetary transfers in accordance with proper accounting procedures. RESOLUTION NO. R2003-21 g. FY03 BUDGET AMENDMENT: (TR10017) Amending the annual budget of estimated revenues and expenditures for Fiscal Year 2003; appropriating debt service payments pursuant to bond covenants. RESOLUTION NO. R2003-22 h. REVISED AGREEMENT — ROAD CONCURRENCY — "TAMARAC UTILITIES ADMINISTRATION PLAT": (TR10027) Rescinding Resolution No. R-2002-336 and authorizing the appropriate city officials to execute a revised agreement entitled, "Agreement Between Broward County and City of Tamarac for Road Concurrency Relating to Tamarac Utilities Administration Plat" located between Nob Hill Road and Hiatus Road approximately 1,900 feet north of West Commercial Boulevard; authorizing the City Clerk to record said document in the Public Records of Broward County (Case No. 1-MI-03). RESOLUTION NO. R2003-23 i. AGREEMENT — TRENT NEIGHBORHOOD INC.: (TR10023) ,ASSOCIATION, Executing an agreement with Trent Neighborhood Association, Inc. for the City of Tamarac through the Broward County Sheriff's Office to exercise jurisdictional authority for traffic control and enforcement within the property of the Trent Neighborhood Association, Inc. REMOVED FROM CONSENT AGENDA FOR DISCUSSION j. ENCOURAGING BROWARD COUNTY'S SUPPORT AND ASSISTANCE FOR THE MARCH 11, 2003 GENERAL MUNICIPAL ELECTIONS_: (TR10026) Encouraging Broward County's support and assistance for the March 11, 2003 general municipal elections; directing the City Clerk to send copies of this Resolution to the Broward County Commissioners, Broward County Manager Roger Desjarlais, and all Broward County municipalities. RESOLUTION NO. R-2003-24 END OF CONSENT AGENDA January 22, 2003 4 6i. AGREEMENT — TRENT NEIGHBORHOOD ASSOCIATION, INC.: (TR10023) Executing an agreement with Trent Neighborhood Association, Inc. for the City of Tamarac through the Broward County Sheriff's Office to exercise jurisdictional authority for traffic control and enforcement within the property of the Trent Neighborhood Association, Inc. RESOLUTION NO. R2003-25 REGULAR AGENDA ORDINANCES — FIRST READINGS 7. AMENDING CHAPTER 10 OF THE TAMARAC CODE — RELEASE OF PUBLIC IMPROVEMENT BONDS: (TO1982) Motion to adopt Ordinance on first reading amending Chapter 10, entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 1 entitled, "Generally", Section 10-156, entitled, "Public Improvement Bonds", adding the Director of Utilities where applicable, amending the requirement for acceptance of engineering improvements by resolution of the City Commission to require acceptance of engineering improvements by City Engineer or Director of Utilities, amending the requirement for the City Engineer to recommend to the City Commission the acceptance of engineering improvements and release of the improvement bond to require the City Engineer or Director of Utilities to recommend to the City Manager or designee the acceptance of improvements and release of the bond upon thirty days notification to the City Commission, and removing the requirement for placing bond release items on the Commission agenda for discussion and possible action; amending Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 2 entitled "Roads and public rights -of -way", Section 10- 191, entitled, "Street lighting"; amending the requirement for the Commission to release the public improvement bond to require the City Manager or designee to release the public improvement bond upon thirty days notification to the City Commission; providing for codification. City Attorney Kraft read Temporary Ordinance 1982, revision #2, on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. On roll call Commissioner Mishkin voted "yes", Vice Mayor Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes". Motion carried. APPROVED ON FIRST READING 8. AMENDING CHAPTER 16 OF THE TAMARAC CODE — GENERAL AND FIREFIGHTER PENSIONS AND RETIREMENT: (TO1995) Motion to adopt Ordinance on first reading amending Chapter 16, entitled "Pensions and Retirement", Article III. Pension Plan, Division 1. Generally, Section 16-126. Definitions, to clarify definition of "retirement" or "retired" to include employment classification; amending Article III. Pension Plan, Division 4. Benefits, Section 16-233. Benefit Level, to clarify provisions for participants with vesting credits in more than one city pension plan; amending Article VI. Firefighters Pension Plan, Division 1. Generally, Section 16-401. Definitions, to clarify definition of "retirement" or "retired" to include employment classification; amending Article VI Firefighters Pension Plan, Division 4. Benefits, Section 16-504 Benefit Level, to clarify provisions for participants with vesting credits in more than one city pension plan; providing for codification. City Attorney Kraft read Temporary Ordinance 1995, revision #4, on first reading by title. Vice Mayor January 22, 2003 5 Portner seconded by Commissioner Sultanof moved approval. On roll call Vice Mayor Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. APPROVED ON FIRST READING PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCE — SECOND READING 9. AMENDING CHAPTER 16 OF THE TAMARAC CODE — PENSIONS AND RETIREMENT: (TO1994) Motion to adopt Ordinance on second reading amending Chapter 16, entitled "Pensions and Retirement', Article Vill, Division 4, entitled "Benefits" to provide adjustments for normal retirement benefits; providing adjustments for early retirement benefits; providing adjustments for pre -retirement death benefits pursuant to amendments of Chapter 185 of the Florida Statutes; providing for codification. City Attorney Kraft read Temporary Ordinance 1994 on second reading by title. Vice Mayor Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Vice Mayor Portner "yes". Motion carried. ORDINANCE NO. 0-2003-01 There being no further business to come before the Commission, Mayor Schreiber adjourned the meeting at 9:45 a.m. OE SCHREIBER �^ MAYOR MARION SWENSON, CMC CITY CLERK January 22, 2003 6