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HomeMy WebLinkAbout2004-12-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY DECEMBER 22, 2004 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, December 22, 2004 at 9:00 a.m. in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson, Commissioner Mayor Schreiber led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation to Sid Feffer in recognition of Mr. Feffer's composition of song lyrics for the City of Tamarac. Mr. Feffer accepted and sang his composition. b. Presentation of a proclamation to Haydee Venturo-Morguess for winning the Bronze medal in women's doubles tennis during the 13th Annual Florida Senior Games State Championships. Vice Mayor Sultanof presented the proclamation to Ms. Venturo- Morguess and Ms. Venturo-Morguess thanked the Mayor and City Commission for the honor, said she was very happy to win the medal and she loves tennis. Ms. Venturo- Morguess also said she is very happy her family and friends are here to share this wonderful day with her, and wished everyone a wonderful holiday, happy New Year, and peace to the world. C. Presentation by Mayor Schreiber of a proclamation to Nina Eisenfeld for winning the Bronze medal in women's doubles tennis during the 13th Annual Florida Senior Games State Championships. Ms. Venturo-Morguess was asked to take Ms. Eisenfeld's proclamation to her, as Ms. Eisenfeld was unable to attend this morning's meeting. REPORTS 2. City Commission: Mayor Schreiber said this is the last meeting of the year, and the City is in great shape. Mayor Schreiber thanked the employees, department directors, City Manager, and City Attorney for their efforts over the past year and wished everyone a happy holiday and a healthy new year. December 22, 2004 Page 1 of 9 Commissioner Portner spoke of the plight of our soldiers in Iraq and added that our pledge of allegiance should hold more meaning for all of us. Commissioner Portner asked for a moment of silence for those killed yesterday in Iraq. Commissioner Portner commended Mayor Schreiber on his statement regarding the City of Tamarac a d its employees, and wished everyone a happy, healthy and prosperous new ear. Commissioner Partner distributed a report on his trip to Indianapolis. (Attached report is incorporated and made a part of these minutes.) Commissioner Roberts wished everyone a happy and healthy holiday. Vice Mayor Sultanof said this is a wonderful time to celebrate; the city employees are like a family, and it is an honor and delight to work with all. Vice Mayor Sultanof quoted an old Irish blessing: May the road rise to meet you, may the wind be always at your back, may the sun shine warm upon your face, may the rains fall soft upon your fields, and until we meet again, may God hold you in the hollow of His hand. Vice Mayor Sultanof said there is much uproar in the world; we have nothing to fear but fear itself, and wished everyone a happy and healthy new year. Commissioner Flansbaum-Talabisco wished everyone a happy new year and thanked the City Manager, City Attorney and staff for all their efforts over the past year. Commissioner Flansbaum-Talabisco thanked the Mayor and City Commission and said it is an honor and privilege to serve with all; it has been a productive and positive year and she looks forward to 2005. 3. City Attorney: City Attorney Kraft wished everyone a happy holiday. 4. City Manager: City Manager Miller reported that the City will enter into an Interlocal agreement with Broward County for homeland security, and the City received a $10,000 grant from Broward County to help develop this plan. The Fire Department reports that the second CERT class was held with 46 participants in the program. Sixteen classes are planned for next year and those participating will be from all parts of Florida. Utilities reports that Tamarac has been selected as the training center for the water and wastewater operators license examination. City Manager Miller said he previously reported that the Innovations Group selected Tamarac to make a presentation at their annual conference, and now adds that the Innovations Group has selected Tamarac to host a two-day training session during February, for which we are honored to have been chosen. City Manager Miller wished the Mayor and City Commission, City Attorney and staff a very happy holiday. 5. PUBLIC PARTICIPATION: There was no public participation. CONSENT AGENDA 6. Commissioner Portner seconded by Commissioner Roberts moved approval of all items on the consent agenda. On roll call Vice Mayor Sultanof, voted "yes", December 22, 2004 Page 2 of 9 Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the December 8, 2004 Regular City Commission meeting. APPROVED b. ASPHALT AND CONCRETE PATCHING AND RESTORATION WORK — NW 53R° STREET DRAINAGE IMPROVEMENT PROJECT: (TR10604) Utilizing the City of North Miami Beach Bid Number 2001-10 for the asphalt and concrete services in conjunction with the NW 53rd Street Drainage Improvement Project in an amount not to exceed $30,210.00 to Arrow Asphalt and Engineering. RESOLUTION NO. R2004-269 C. SUBMISSION OF HOME PROGRAM DESCRIPTION: (TR10607) Approving the submission of the HOME Program Description to Broward County for the use of funds through the HOME Investment Partnerships Program Consortium Fiscal Year 2005/2006 for the City of Tamarac's Minor Home Repair Program with an option to shift funding into the First -Time Homebuyer Program; approving the federally required set - aside of fifteen percent (15%) for Community Housing Development Organizations (CHDOS) (Case No. 20-MI-04). RESOLUTION NO. R2004-270 d. ACCEPTING AND APPROVING THE PERSONNEL MANUAL: (TR10603) Accepting and Approving the City's Personnel Manual. RESOLUTION NO. R2004-271 END OF CONSENT AGENDA REGULAR AGENDA PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 7. CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER FY2003 . (TR10594) Motion to approve Resolution authorizing the appropriate city officials to approve the Consolidated Annual Performance Evaluation Report (CAPER FY2003) for the U.S. Department of Housing & Urban Development (HUD)'s Community Development Block Grant (CDBG) Programs for HUD's Fiscal Year 2003; (Case No.19-MI-04). City Attorney Kraft read Temporary Resolution 10594 by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum- Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2004-272 ORDINANCES -- SECOND READINGS 8. AMENDING ARTICLE IV OF THE CITY CHARTER — SECTION 4.02 "CITY COMMISSION• ELECTION TERMS ANDQUALIFICATIONS" TO INCREASE TERMS December 22, 2004 Page 3 of 9 OF OFFICE: (T02070) Motion to adopt Ordinance on second reading ame ding Article IV, Section 4.02 of the City Charter, entitled "City commission; election, terms and qualifications" to increase terms of office for the City's mayor and commissioners from three-year terms to four-year terms; providing for an implementation date; providing that if the amendment is approved by a majority of the voters at the March 8, 2005, election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification. City Attorney Kraft read Temporary Ordinance 2070 on second reading by title. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "no", Flansbaum-Talabisco "no", Mayor Schreiber "no", and Vice Mayor Sultanof "no". Motion failed. 9. ADDENDUM TO FRANCHISE AGREEMENT — WASTE MANAGEMENT INC., D/B/A SOUTHERN SANITATION: (T02073) Motion to adopt Ordinance on se and reading executing a third addendum to the 1993 agreement between the City of Tamarac and Waste Management, Inc., d/b/a Southern Sanitation for furnishing multi family solid waste collection for an additional five year term to begin January 1, 2005 and end December 31, 2009. City Attorney Kraft read Temporary Ordinance 2073 on second reading by title. Commissioner Portner seconded by Commissioner Roberts moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. ORDINANCE NO. 0-2004-39 10. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN - PARCEL "R" OF THE "KINGS POINT REPLAT": (T02060) Motion to adopt Ordinance on second reading adopting an amendment to the Future Land Use Map of the City's Comprehensive Plan in accordance with Chapter 163, Sections 163.3184land 163.3187 of the Florida Statutes, concerning a Large -Scale Land Use Plan Amendment proposal by the City of Tamarac to change the use of land described as Parcel "" of the "Kings Point Replat", according to the plat thereof as recorded in Plat Book 156, Page 13 of the Public Records of Broward County, Florida, located at 7790 Nob Hill Road, from Low -Medium (5-10) Residential and Medium (10-16) Residential to Recreation; comprising 15.24 acres, more or less (Case No. 5-LUA-04); providing for amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 2060 on second reading by title. Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public heating. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Vice -Mayor Sultanof "yes", and Commissioner Roberts "yes". Motion carried. ORDINANCE NO. 0-2004-40 December 22, 2004 Page 4 of 9 11. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN — PORTION OF TRACT 74 OF "WOODMONT 74 AND 75" PLAT: (T02062) Motion to adopt Ordinance on second reading adopting an amendment to the Land Use Map of the City's Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Large -Scale Land Use Plan Amendment proposal by the City of Tamarac to change the use of land described as a portion of Tract 74 of the "Woodmont 74 and 75" Plat, according to the plat thereof as recorded in Plat Book 108, Page 39 of the Public Records of Broward County, Florida, located at NW 80t" Avenue, north of McNab Road, from Medium (10-16) Residential to Conservation Area; comprising 20.80 acres, more or less (Case No. 7-LUA-04); providing for amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 2062 on second reading by title. Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. Vice Mayor Sultanof questioned the length of time it took for this item to come back to the Commission on second reading and Community Development Director King spoke about housekeeping on the part of the City and the fact that we are going through each parcel to make sure each is consistent with the land use. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried. ORDINANCE NO. 0-2004-41 QUASI-JUDICIAL HEARINGS 12. AMENDING DEVELOPMENT ORDER — WESTPOINT DEVELOPMENT OF REGIONAL IMPACT (DRI): (T02072) Motion to adopt Ordinance on second reading amending the Development Order for the Westpoint Development of Regional Impact (DRI) generally located in Section 7, Township 49 South, Range 41 East to extend the build out date from December 29, 2005 to December 29, 2008 in order to allow for the completion of development of remaining undeveloped parcels, approved by Ordinance No. 0-89-44 adopted December 21, 1989, and thereafter amended by Ordinance No. 0-94-20 adopted November 9, 1994, and thereafter amended by Resolution No. R- 2000-206 adopted July 12, 2000, and thereafter amended by Ordinance No. 0-2000-33 adopted November 22, 2000; and thereafter amended by Ordinance No. 0-2004-14 adopted April 28, 2004; reaffirming Ordinance No. 0-89-44 as amended by Ordinance No. 0-94-20 as amended by Resolution No. R-2000-206 as amended by Ordinance No. 0-2000-33 as amended by Ordinance No. 0-2004-14 except as amended herein; providing for recordation in accordance with Section 380.06(15)(f) Florida Statutes (Case No. 16-MI-04). City Attorney Kraft read Temporary Ordinance 2072, Revision #2, on second reading by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Susan Motley, Ruden McClosky, waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Commissioner Portner said this has been ongoing since 1994 and questioned whether an indefinite extension could be made. Community Development Director King December 22, 2004 Page 5 of 9 responded we must be in compliance with Florida Statutes. Vice Mayor Sul anof questioned the length of time it takes to occupy the land and Ms. Motley responded there are just a few parcels left, including the hotel parcel. Vice Mayor Sultanof questioned the hotel site and Ms. Motley said as soon as Infiniti has completec the dealership they will put their efforts toward the hotel site. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On rol call Vice Mayor Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. ORDINANCE NO. 0-2004-42 13. DEVELOPMENT ORDER AND PLAT APPROVAL OF A BOUNDARY PLAT -- "SANTA MONICA PLAT": (TR10585) Motion to approve Resolution issuing Development Order No. 328 and granting Plat approval of a boundary plat for the "Santa Monica Plat", requested by Donna C. West, Carnahan, Proctor & Cross, Inc., located on the south side of Southgate Boulevard, near the Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly ailong the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning (Case No. 9-P-04); providing for conditions of approval; providing for execution of said Plat. City Attorney Kraft said Items 13, 14 and 15 are companion items and can be heard together but voted on separately. City Attorney Kraft read Item No.' 13, Temporary Resolution 10585 by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read Item No. 14, Temporary Resolution 10591 by title. Commissioner Portner secondedby Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read Item No. 15, Temporary Resolution 10601, Revision #1, by title. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures for Items 13, 14 and 15 and Attorney Gerald Knight, Holland & Knight, waived his quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation on items 13, 14 and 15. Commissioner Roberts questioned whether the developer or the city would be abbe to monitor the use of the computer room as described in the site plan. Tony Mijares, United Homes International, Inc. explained the unit is designed as a two -bedroom with den, and the developer left a very wide opening which makes for a room with little privacy. Mr. Mijares added he did not know if anyone could be prevented from putting a sleeper couch in any room. Commissioner Roberts asked if there is a closet in the room and Mr. Mijares said there is not. Commissioner Roberts said on the fourth unit there are two #2 bedrooms and asked if this is a typo. Mr. Mijares said it is a typo as the end units are all three -bedroom units. Commissioner Roberts said if there is a December 22, 2004 Page 6 of 9 playground in the development she would like it to be fenced and Mr. Mijares said he would look into this with Community Development. Commissioner Flansbaum- Talabisco questioned the designation special exception and Community Development Director King explained it is a use not permitted by right under specific zoning designations. The applicant must go through a formal process of review which gives the Mayor and City Commission discretion and the opportunity to ask more questions before making their decision. Mayor Schreiber opened the public hearings for items 13, 14 and 15, and with no one wishing to speak, closed the public hearings. On roll call for Item #13, Temporary Resolution 10585, Commissioner Roberts voted "no", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2004-273 14. SPECIAL EXCEPTION — SANTA MONICA: (TR10591) Motion to approve Resolution granting a special exception to allow the construction of more than one (1) principal building on the subject property in an R-3 (Low -Density Multi -Family Residential District) zoning category to Santa Monica, located at the south side of Southgate Boulevard, near the Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of- way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning (Case No. 22-Z-04); providing for conditions of approval. On roll call for Item #14, Temporary Resolution 10591, Mayor Schreiber voted "yes", Commissioner Roberts voted "no", Vice Mayor Sultanof "yes", Commissioner Partner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2004-274 15. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — SANTA MONICA: (TR10601) Motion to approve Resolution issuing Revised Development Order No. 328.1 and granting New Development Site Plan approval to Santa Monica to allow the construction of forty-four (44) townhouse units consisting of five (5) buildings, a cabana and swimming pool with associated parking, landscaping and infrastructure improvements, located at the south side of Southgate Boulevard, near Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said south right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, December 22, 2004 Page 7 of 9 435 feet to a point; thence Easterly, perpendicular to the last described line 435 fee to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Poirot of Beginning (Case No. 31-SP-04); providing for conditions of approval. On roll caul for Item #15, Temporary Resolution 10601, Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts voted "no". Motion carried. RESOLUTION NO. R2004-275 16. SPECIAL EXCEPTION — WOODLAND VILLAS: (TR10592) Motion to approve Resolution granting a special exception to allow the construction of more than one (1) principal building on the subject property within an R-3 (Low -Density Multi -Family Residential District) zoning category to Woodland Villas, located at the north side of Northwest 44th street, approximately 3400 feet west of Rock Island Road, specifically a portion of "The Woodlands Country Club" Plat, according to the plat thereof as recorded in Plat Book 67, Page 30 of the Public Records of Broward County, Florida (Case No. 20-Z-04); providing for conditions of approval. City Attorney Kraft said Items 16 and 17 are companion items and can be heard together but voted on separately. City Attorney Kraft read Item No. 16, Temporary Resolution 10592 by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft read Item No. 17, Temporary Resolution 10602 by title. Commissioner Portner seconded by Commissioner Roberts moved approval. Commissioner Flansbaum-Talabisco read into the record a statement regarding a voting conflict with regard to items 16 and 17 and recused herself from voting on these items. (Copy of statement attached and made a part of the minutes.) City Attorney Kraft explained the quasi-judicial procedures for Items 16 and 17 and Attorney Gerald Knight, Holland & Knight, waived his quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation on items 16 and 17. Commissioner Portner questioned the fact that there are no garages and Mr. Mijares, United Homes International, Inc., explained the site is small and the only way to get the necessary density was to eliminate the garages; however, several other developments in Tamarac have no garages and they sold well. Commissioner Roberts said if there is a play area she would like it to be fenced and Mr. Mijares said he would look into this with Community Development. Mayor Schreiber opened the public hearings for items 16 and 17, and with no one wishing to speak, closed the public hearings. On roll call for Item #16, Temporary Resolution 101592, Commissioner Portner voted "yes", Commissioner Roberts "yes", Mayor Schreiber "yes", and Vice Mayor Sultanof "yes". Commissioner Flansbaum-Talabisco abstained from voting due to a voting conflict. Motion carried. RESOLUTION NO. R2004-276 17. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — WOODLAND VILLAS: (TR10602) Motion to approve Resolution issuing Revised Development Order No. 039.5 and granting New Development Site Plan approval to Woodland Villas to allow the construction of a thirty (30) unit, two-story townhouse development consisting of four (4) buildings with associated parking, landscaping and infrastructure improvements, located at the north side of NW 44th Street, approximately 3400 feet west of Rock Island Road, specifically a portion of the "Woodlands Country December 22, 2004 Page 8 of 9 1 Club" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 30 of the Public Records of Broward County, Florida (Case No. 30-SP-04); providing for conditions of approval. On roll call for Item #17, Temporary Resolution 10602, Vice Mayor Sultanof voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Commissioner Flansbaum-Talabisco abstained from voting due to a voting conflict. Motion carried. RESOLUTION NO. R2004-277 END OF -QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the regular meeting of the City Commission at 9:50 a.m. JOE SCHREIBER, MAYOR MARION SWENSON, CMC CITY CLERK CITY OF " '"'��M2Z fippra ED AT [te'1ETIIOIG OF /0, c Qs�- December 22, 2004 Page 9 of 9 COMMISSIONER EDWARD C. PORTNER NLC CONFERENCE Indianapolis, Indiana 11/30/04—12/S/04 12/01/04 COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE MEETING Chair: Tommy Baker, Alderman, Osceola, AK 1. Three proposals were made for resolutions: A. Encourage U.S. companies B. Maintain operations in the U.S. C. Support tax benefits that create increase in jobs. 2. Support funding for the HOPE VI Program to eradiate very distressed housing units; replace them with new or rehabilitated mixed income units. 3. To help manage the large population growth in cities like Las Vegas, NV which have asked for the land owned by Bureau of Land Management. The transfer of unused federal lands to local governments can be a component to economic development. 4. Existing resolutions for renewal: A. Free Trade Areas of the Americas Agreement B. Historic Homeownership Assistance Act C. Southern Regional Commission Initiative D. Keep the American Dream Alive Other Items Discussed COPS Program: This program was cut by $110 Million Dollars. The monies left are $5 Million Dollars for the 50 states to hire 1000 cops. The Administration said they did not eliminate the monies because they stated they can't say that it was eliminated. (You figure that one out.) A meeting will be held with Senator Biden that perhaps monies can.be shifted from the Homeland Security Fund. Also discussed was the C.B.G.D. from Federal Government without a resolution. Later on this day, I attended a meeting with President Thomas Jefferson who spoke on Public Policy. I must say that for the next 45-60 minutes I sat spellbound. The portrayer was Bill Barker, an actor. As President Jefferson entered the room we all rose and applauded. Then he asked us all to be seated as he was "elected", and unlike royalty we should not stand up for him. (My, how times have changed.) This event was in the year 1804. To carry out the illusion he was dressed in the manner of 1804. He spoke of the length of time it took to come to Philadelphia from Virginia. A horse travels at 5 MPH and man on foot travels 3 MPH; therefore, the world travels at 4 MPH. On horse he travels 35 to 40 miles per day. He stressed that we should hold free and bold opinions. We should have free and peaceful assembly. We should move forward and we should understand the art of compromise. We, a nation built on principle should have the best of governments. "A Democratic Republic." Jefferson had a tremendous interest in history. He stated that Cicero said, "People should never forget their history, if they forget history they will remain school children the rest of their lives." He told us that on 7/4/76 he walked out of Congress to go out and buy six pairs of ladies gloves. There was a slight snicker in the audience since he is known to be a man most admired by women. However, they were for his sisters. His mother had just died, and as was the custom, the sisters were to be the pall bearers. President Jefferson also spoke of the temperature on 7/4/76. We all thought it was a hot muggy day in Philadelphia, but according to President Jefferson that day was a balmy 76 degrees. He told us he was one of five men to write the Constitution and when finished they took it to a printer and had 250 copies made. After they were distributed being tacked up on poles, he found many thrown away and in the gutters. He realized the reason for this was the fact that many people could not read. President Jefferson was a complex man. Although he owned slaves, he was against slavery. He was the Vice President in John Adams Administration. They had extremely different political opinions. At that time, if you ran for President and you came in second you were automatically the Vice President. He and Adams had many political battles. Jefferson was called out of retirement to run for President for the simple reason that he was the one person who at that time could represent the "Common Man". The well known story of the deaths of John Adams and Thomas Jefferson has been well recorded. Upon the death of John Adams 7/4 (I can't recall the year); Adams last words supposedly. were "Jefferson still lives." However, in fact, Jefferson died several hours before Adams. Mr. Jefferson's mantra was "Listen to the Citizen Body". He spoke of the two forms of government in general: Fear and Trust. Those who Trust want less government, those who Fear want control. (Sound familiar!) Freedom not really being free requires constant diligence. "The earth belongs to the living, for the dead hold no power." Mr. Barker has been doing this impression of President Jefferson for about twenty years. He is 6 ft. 4 inches and weighs 185 pounds, exactly the same as Jefferson. His manner really makes you believe he is Jefferson. He answered many questions in the manner which I believe Jefferson himself would have answered. There was much more said; however, I could only take so many notes for although he spoke very distinctly, he spoke quickly. 2 I also attended another meeting later that day. However, it was late in the day and I only had a short time in the meeting. The subject was "The Dollar and Sense of Humor in Government" Joey Novick, President of Humor Me! Quote: "We need to take our work seriously, but take ourselves lightly and remember; when we bring humor into our lives we lose not seriousness, but only solemnity." Mr. Novick noted a sign in a maternity ward that said, "The first five minutes of life are tenuous" and he added the last five are not so hot either. How do you know what you don't know? You only know when someone tells you. Have a genuine sense of humor. Think outside the box, you may stimulate others to do the same. Ideas are things that can happen. Express your opinion, others may agree or disagree, but you have opened up the box. 12/02/04 GENERAL SESSION Mayor Anthony Williams of Washington, D.C. His theme: "Racing Toward the Future" NLC has a 48 member Board He welcomed the 300 new members of the NLC We were then entertained by the Gordon Pipers. It consisted of two color bearers, one extremely proud drum major, seven bag pipes, one bass drum and five drummers. They played a very moving rendition of "Saving Grace", and I must say we were all deeply -moved. They then smartly marched off. The.National Anthem was sung by Keith L. Hayes who is a stirring baritone that reminds me of Paul Robeson. A great swelling of applause followed. We were then welcomed by the Mayor of Indianapolis, Bart Peterson, who urges us to spend a lot of money and have a good convention. Outgoing NLC President Charles Lyons spoke. In capsule form this is what he said. He hoped that cities would move forward with the American Dream. We live in the greatest Democracy in the world. Passion for decency to be treated as equals by all. Lame duck Congress failed any notable legislation, failed in funding the cops and no child left behind programs. There is no curse or problem we can't overcome, if we have faith. Public and all schools should have high quality education for all children. There should be joint problem solving with State, Federal and local. Eleanor Roosevelt said, "Great minds talk about ideas." Cities are not red or blue, but rather red, white and blue. Local officials should believe in the American Dream. No challenge should be too great for local officials. 3 The next speaker was Michael Bechloss, Historian. He spoke mainly about President Johnson, as he has written three books and has entry to many personal papers and tapes. The Johnson Library opened in 1971 and was very poorly attended. This upset Johnson tremendously as he was a very proud and very egotistical person. He noticed that the library was across the street from Texas University. He had a thought that at half time of the football games they could make an announcement that there were plenty of rest rooms in the Library and that they were open to the public. Since then, it has become one of -the most visited libraries. He made a somewhat crude remark about the economy by saying, "The economy is like peeing down your leg, it may seem hot to you, but not to everyone else." By being a historian it becomes easier to understand your man in hindsight. There is nothing to cloud your thoughts. In 1964, Johnson called the President of Haggar slacks and complained they did not fit him properly in the groin area. Whereupon, he was made custom slacks by Haggar until his death. When Stevenson was running for President against Ike, Stevenson asked an aid what he was doing wrong. Although no one could have beaten Ike at the time, he related to Stevenson an incident with a small girl who gave him a gift. Instead of saying to the little girl "Thank you", Stevenson said "For Christ sake, what is this?" So the lesson is to be watchful of what and to whom you say things. Information in hindsight is always 20/20. Harry Truman left office with a 12% approval rating, now 50 years later he is considered one of our best Presidents. He spoke about the second year's Term of Presidents. He believes that second term honeymoons last about a year at most. Johnson's Great Society lasted 7 months and then it became contentious. Leadership locally does not come from the President. Local leans on the State, the State leans on Congress, Congress leans on the President. The Founding Fathers wanted confrontation not rancor and then compromise. There is a story about Johnson and Dirkson, the great Republican Senator from Illinois. In 1964, Johnson had the Civil Rights Program which the Republicans were against. Johnson called Dirkson and asked him to support the bill, and spoke to him about Lincoln and how well he is remembered and told Dirkson if he would support the bill in later years, two people would be remembered "Lincoln and Johnson". Dirkson immediately led the Republicans to vote in the bill. (Strange what an ego will do.) 12/03/04 GENERAL SESSION The General Session was opened by Charles Lyon, President of the NLC. He had hopes that we were enjoying ourselves and were taking advantage of the various seminars that were available. 4 The entertainment this morning was by the Ensemble Folk Orico: this was a Mexican Dance Group from Indianapolis. They were a most colorful group consisting of five men and five women. They did a number of native dances including the famous Hat Dance and a Mexican polka. The women's costumes were spectacular. The women did a dance in which they twirled and the skirts made a complete circle of about four feet in diameter. Next we had the James C. Howland Award for Municipal Enrichment. They were given to these cities: West Lafayette, Indiana — for the Wabash Landing Redevelopment Dodge City, Kansas — for wastewater treatment plant expansion Medford, Oregon - for Fagade Grant Program Sunnyvale, Calif. — for innovative E-One Stop Lexington, Fayette Urban County, Ky. — for the purchase of Development Rights Program Tallahassee, FL — the Community Neighborhood Renaissance Program San Diego, Calif. — for the San Diego Family Justice Center Oklahoma City, OK — for the Maps North Canadian River Project. The next award was the John G. Stutz. This was for the Municipal Leader of the Year. This went to Mayor Beverly O'Neal, who then described the turmoil of her city, Long Beach, Calif., after the Navy Base left, and of the tremendous hole this left in their tax base. She explained how the community came together and figured out ways to reinvent themselves and are now in a more strengthened position with the various developments and redevelopments underway. She has been Mayor for ten years and in the last election she was the write-in candidate and won hugely. Her last words were a quotation by Mae West "Too much of a good'thing is wonderful". As she left the stage she was given a standing ovation. Next came two speakers with a great breath of wisdom and knowledge. Senator Bill Bradley of New Jersey and Senator Alan Simpson of Wyoming. Senator Simpson spoke first. He began by saying he had fifteen minutes to speak and was putting his wrist watch on the podium and was going to let Senator Bradley use it for his time, but make sure Bill gave it back because Bill had a habit of putting it in his pocket at the conclusion of their talks. He began by referring to Senator Bradley as One Dollar Bill, not because he was generous but because Senator Bradley was fiscally responsible. Senator Simpson then spoke about the responsibility elected officials have to the public, regardless of their parties. You must be loyal to the citizen for after all they pay your salary. Citizens want action and they deserve it. In politics there is really no right answer at all times and that politics is really a contact sport. He believes very strongly that you can't win on hate alone (look at the last presidential election). He believes that this Administration is hubris and full of false confidence; that we shouldn't forget we are all Americans and in this together. Bradley then spoke. Said Senator Simpson was one of the most respected in Congress, was a straight shooter and a man of his word. Senator Bradley spoke of a time when he played for the Knicks and they were constantly being beaten by the Celtics. One day the �1 Senator received a letter from a fan, Joe Dell -- lose one more game and I will kill your dog. Senator Bradley wrote back to Mr. Dell — I don't have a dog. One week late a crate was delivered to the Senator with a dog in the crate along with a note "Don't get too attached". Senator Bradley then went on to say he believes that there are three types of people in the world: 1. Those who can count; 2. Those who can't; 3. People who wash and polish a rented car upon its return (the last one escapes me). He went on to say the world is now being shaped by globalization and technology. He spoke of the last election and how Bush got out his base more than Kerry. If the Democrats are to win the next election they will have to marshal everyone in their base. He spoke of the 45 million who have no insurance, the 13 million children who live in poverty (how a country this rich allows this to go on is beyond me). He spoke about Medicare, two ways to fix it. Both he and Simpson agree on this. Raise taxes, raise the retirement age or lower benefits. When Social Security was introduced in 1935 the expected living age was 57 -- today it is 77. Question and Answers: Q: Tax Cuts versus Deficit Simpson: Tax cuts went too far, must rescind some of them or we may be in a constant downfall. Bradley: Tax cuts went way beyond the norm, must get hold of this deficit, way to start — cut back some of the tax cuts. Senators Bradley and Simpson both spoke about campaign reform. Sweden has a limit of seven weeks to campaign plus it is funded by the Government. Here we can't limit campaigning but we could put a limit on spending (I believe the Supreme Court has ruled on this). We have spent billions over seas to promote democracy; we could spend the same on our own elections. We need a drastic program. A constitutional amendment, Federal, State, Local to limit amount spent on campaigns (look how much we as locals- spend— its obscene). Next meeting — Small Cities Sharing Big Ideas Facilitator: Elizabeth Bailey, Manhattan Beach, Calif. Panel: Scott Black, Mayor, Dade City, Florida; Condi Hadden, Councilmember, Library, MO; Wendy Perkins, Councilmember, Larmie, WY. Condi Hadden spoke of preserving their heritage, involving citizens, of being engaged in their downtown, of establishing a citizen survey and following up with phone calls, televising their meetings which gets response for the locals. One member of the audience suggested that when a person returns a survey they should get a one dollar rebate on their water bill. Wendy Perkins did not have much to add to the discussion except to note that Wyoming is the State with the least population (hence the 3 electoral votes and who wants to live with VP Cheney -- that is my comment). She spoke about an overlay zone that prohibits some forms of business, i.e., gas stations (I guess when you have horses you don't need gasoline). Scott Black — Dade City established 1887 is 35 miles north of Tampa. Their main product is citrus fruit. However, with the freeze of several years ago, 2 they had to find other means for their tax base. They refer to their heritage, promote tourism, have completed a Main Street program, they have created a destination place which is their old Court House, which has been refurbished. Also, they have a festival every Friday evening and have influenced the people of Tampa to come to Dade City. They have had grants from the Florida Beaver of Historic Preservation. I spoke of Tamarac's Annual Turkey Trot and how it has expanded over the years. Some members of the audience said they would try the same thing for their City in the new year. Next Meeting — Cities Growing Their Retail Sector Bob Bolen, Fort Worth, TX Tom Buxton, President, CEO, Buxton, Ft. Worth, TX Tom Buxton spoke of what he called old thinking i.e., location, location, location. He prefers to think in terms of customer, customer, customer. His belief in talking to retailer is to talk about his potential customer and the benefits to his firm. Tom also claims that shopping is the most exciting game in town (talk to your wife or girlfriend). Tom also believes that he can identify what retail should be in an area i.e., restaurants, retail, Fed Ex, Kinkos, etc. He can match retail and restaurants to his clientele by their buying habits. He is loaded with facts, figures and diagrams and says manufacturers have 9.1 million jobs, retail 112 million jobs. The benefits he says will increase your tax base by new jobs, added safety of shopping in your own area and keep dollars in your. community. Locations are determined 3 to 4 years in advance (we better start now) and those are based on time not miles -- "Drive Time". A new term is psychographic, means life style, media habits. Tom talked in terms of selling your trade area, also be very protective of your community. Tom also stated that he works well with all types of cities, large and small. He will come to the City free of charge for a conference. Fees to continue, should we use him, would be in the $15,000 to $20,000 range. Spoke about sales on the internet which seems to be a concern of many. Internet sales this year will be about $20 Billion. However, retail sales for the year will be $35 Trillion — People love to Shop! 12/04/04 CONNECTING CITIZENS AND GOVERNMENT Mayor Jim Hunt, Clarksburg, West Virginia, introduced the panel for this discussion: Anthony A. Williams, Mayor, Washington DC; Steve Burkholder, Mayor, Lakewood, CO; Glenda E. Hood, Secretary of State, Florida; Emma Hulse, Mayor, Young Council Indianapolis, ID. Mayor Williams spoke first. Talked about networking with your peers, knowledge may be limited but imagination circles the world. We should collect as much information as possible to better serve the public. We must harness today's technology to solve many of today's problems. He then introduced today's entertainment. Celtic Motion of Indianapolis, Indiana. This is a group of 12 women and 2 male dancers. Needless to say, they were extremely good. If you have seen them you will know what I am speaking of. The energy and exuberance these dancers have is boundless. They fly through the air like 7 butterflies, full of grace and poise. Their precision is flawless, their tapping brings to mind all the greats of the past: Bill Robinson, the Nichols Brothers, Fred Astaire, Sammy Davis, Jr. — what can I say but "Erin Go Brough". The moderator for the program was CNBC Broadcaster Gloria Borger. She began with the question of trust in government. Trust in government rose drastically after 9/11 to over 76%. Today's poll shows only 40% think government does right (how did G.W. Bush get re-elected). Just a short 40 years ago the trust in government was 77% (Guess who was President). Mayor Burkholder was asked his vision: he believed that his vision sees a more involved citizen, who will look more closely at issues rather than the person. Mayor Williams said he believed that elected officials do the right thing about 80% of the time and the other 20% do what is right for all despite what the citizens want. He also believes that too many elected officials (politicians) pander to the public just so they can be re-elected and then just play at the position. Glenda Hood wants to get more information to the voting public. She would like to see some reforms put in place (she didn't specify which ones she was referring to). The early voting went well. As to the absentee ballot she said that 85% showed confidence that their vote would count (tell that to the people still waiting for their absentee ballot). Emma Hulse complained that the voting public did not ask the younger people their opinion. Also that the younger people were not polled enough. Emma also said that education costs, warfare, drug testing were very important to the younger generation and the fear of a military draft were their top concerns. Also, that the mayors should BLOG every day. Glenda Hood agreed that all the information should be given to constituents. Mayor Burkholder does not BLOG. Mayor Williams says he answers all the email he receives. A person in the audience asked why so much of the news that is bad gets so much of the attention, while good news does not. Gloria Borger's answer was quite simple and succinct: Bad News Sells. Emma Hulse said that younger people are not very concerned about the money in politics (how naive). However, both Ms. Hood and Mayor Burkholder said that lobbyists and money play too much of a part in the political world. Both asked for public financing. Gloria Borger asked "Has Our Security Changed for the Better or Worse". Mayors agreed that Homeland Security is better now than before 9/11. However, they all feel much more needed to be done; she also said we spend too much time on image not enough on real things, that we were also elected to lead, not to follow. Mayor Burkholder also stated that we should look at the long term on issues. Glenda Hood: Leadership is Takin Risks. n Closing was held at the Indiana State Museum. This is a magnificent three story building located on the White River Canal. The museum is a crossroads of everything interesting, educational and unique about the City and State. Allow me to give you some insight into this museum. Level One: 1. Birth of the Earth, 2. Ancient Seas, 3. The Ice Age, 4. The Native Americans. Level Two: 1. The Nineteenth State Indiana, 2. The Hoosier Way, 3. Crossroads of America, 4. Enterprise Indiana, 5. Global Indiana.. Level Three: 1. Tomorrow's Indiana — This entire floor is devoted to the future in this high tech gallery. Met Ismee A. Cyberteen, from the future in a game called "Future Quest". P.S. Gloria Borger's mother is a resident of Tamarac. Gloria thinks her mother's resident is in the Woodmont area. ►`1 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAM E-F RST NAME -MIDDLE NAME NAME OF BO D, CDUNCI OMMISSION, AUTHORITY OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSIO , AUTHORITY OR COMMITTEE ON ICH I SERVE IS A UNIT OF: CITY //---�''-� COUNTY CITY © COUNTY D OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISIOAI: DATE ON WHICH VOTE MY POSITION IS. ) ELECTIVE ❑ 'A WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appoin40� cted &�ard, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented%h a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). w w ♦ • w • w • • w r r w w w rr ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. w • w • w r •w w • w w r , w , APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction.. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN; • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTE EST I L hereby disclose that on 20 (a) Am ea ure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ; inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: & �5-7'y'kl 14e� Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1/2000 PAGE 2 THIS ITEM INVOLVES THE WOODLANDS COUNTRY CLUB. AS YOU ALL KNOW, I AM A MEMBER OF THE WOODLANDS COUNTRY CLUB, AND MY HUSBAND IS THE PRESIDENT OF WOODLANDS COUNTRY CLUB. ' THIS PROJECT I A LAND SALE FROM WOODLANDS COUNTRY CLUB TO THE DEVELOPER. THIS PROJECT HAS THE POTENTIAL TO BE OF ECONOMIC BENEFIT TO THE WOODLANDS COUNTRY CLUB, AND SUBSEQUENTLY OF BENEFIT TO THE MEMBERS OF THE WOODLANDS COUNTRY CLUB. BECAUSE OF THIS POTENTIAL ECONOMIC BENEFIT, I HAVE DISCUSSED THIS MATTER WITH THE CITY ATTORNEY. HE HAS ADVISED ME THAT BECAUSE OF APPEARANCE OF POSSIBLE CONFLICTS OF INTEREST, I SHOULD ABSTAIN FROM VOTING ON THIS, AND ALL RELATED MATTERS. THEREFORE I SHALL ABSTAIN, AND FILE THE APPROPRIATE PAPERS WITH THE CITY CLERK.