HomeMy WebLinkAbout2006-02-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY FEBRUARY 22, 2006
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:05 A.M. on Wednesday, February 22, 2006, in Chambers, Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Schreiber led the pledge of allegiance.
Mayor Schreiber announced the air conditioning is under repair and it might get warm in
the chambers this morning.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Schreiber proclaiming March 2006 as
Purchasing Month. Purchasing/Contracts Manager Glatz accepted, thanked the
purchasing and contracts staff for their hard work and thanked the Mayor and City
Commission, City Manager, City Attorney, and Financial Services Director for their
support.
REPORTS
2. City Commission: Mayor Schreiber had no report.
Commissioner Portner had no report.
Commissioner Roberts had no report.
Commissioner Sultanof had no report.
Vice Mayor Flansbaum-Talabisco said over the weekend she met with concerned
residents in the Mainlands, and based on the memorandum from Vice Mayor
Flansbaum-Talabisco to the City Manager and as a result of yesterday's discussion at
the workshop meeting, a meeting is scheduled for Thursday evening so residents can
get information on items that are of concern. City Manager Miller said the meeting is
scheduled for 7:00 p.m. Thursday evening at the Tamarac Community Center.
February 22, 2006
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3. City Attorney: City Attorney Goren discussed recent memos he sent to the
Mayor and City Commission, regarding escheated properties and regarding portability
of homestead. City Attorney Goren explained if people do not pay their taxes the
property is foreclosed on by the county and in accordance with Chapter 125, F.S., the
county must then convey the property to the city in which it lies. There is a Bill pending
in Tallahassee that may require municipalities and the county to utilize the escheated
property for certain specified purposes. The Broward League of Cities disagrees with
this decision to use the property for affordable housing, which may not meet the goals of
individual cities. An AGO is pending on this subject and there may be a big impact to
cities on incoming properties. Commissioner Sultanof said the county has not been fair
to most cities and has unloaded properties without putting up money for infrastructure.
Commissioner Sultanof asked if Tamarac must accept property from the county without
infrastructure. City Attorney Goren said he would look into this, and added the pending
Bill described certain mechanisms for relationships. With regard to the portability of
homestead issue, there are currently eight measures pending in Tallahassee, seven of
which preserve tax -trapped owners who want to upgrade their residences. One
measure is for seniors who want to downgrade. The financial impact of these measures
is being reviewed by city administration.
4. City Manager: City Manager Miller recognized purchasing month and added
Purchasing/Contracts Manager Glatz, as president of the SFPAA hosted the Reverse
Trade Show held at the Broward County Convention Center. The event was extremely
well attended. Community Development reports that Tamarac and North Lauderdale
will host a collaborative with SFRPC and TCRPC at North Lauderdale City Hall
beginning at 10 a.m. on February 25th; a design shurette for future development of State
Road 7. There will be a community meeting on Thursday, February 23, beginning at
7:00 p.m. at the Tamarac Community Center where staff and the developer will make a
presentation and seek input from the public regarding the land use plan amendments
for Sabal Palm and Monterey Golf Courses. Financial Services reports the city has
spent $8.2 million for Hurricanes Rita, Katrina and Wilma. We have received $1.8
million from the state and FEMA. Fire Rescue reports there was a CERT training
session on February 18th that was well attended by adults and teens. Additional
courses will be offered in upcoming months. The city is planning a hurricane
preparedness day on April 22 to provide information for residents on personal
preparations and advise as to the city's preparation and recovery efforts. The "Say I Do
Again" event had an outstanding turnout of 16 couples as well as the Mayor and three
commissioners, who all reaffirmed their vows. One hundred fifty seniors attended the
Sweetheart Ball on Valentine's Day.
Commissioner Portner asked if it was permissible for the commission to attend the
Thursday evening meeting at the Tamarac Community Center, as this will be a quasi-
judicial item. City Attorney Goren responded this is a community based meeting for
input and to provide information from city staff on the two land use amendments, which
are not currently on the dais for commission review. The second hearing of the
ordinance will be quasi-judicial. The Mayor and City Commission can attend Thursday's
meeting if they so choose. It is neither a city commission meeting, nor a public hearing,
nor a quasi-judicial hearing. Commissioner Roberts confirmed the developer will be at
the meeting to discuss the issues with the residents. City Attorney Goren said this is a
February 22, 2006
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highly preliminary step and there is a process in place. Commissioners are not
precluded from attending; however it is not in their venue to participate.
5. PUBLIC PARTICIPATION: Patti Lynn, 6411 NW 58 Street, Tamarac, FL asked
the Mayor and City Commission to contact Representative Ad Porth and Senator Skip
Campbell to ensure they preserve Tamarac's interest with regard to the tax portability
Bill. Ms. Lynn spoke in favor of preserving open space in Tamarac and worsening
traffic conditions brought about by more development. Joan Lorette, 4912 NW 54
Court, Tamarac, FL said her community is confused about who will vote on the rezoning
changes in her district. Mayor. Schreiber said whoever is sitting on the dais at the time
will vote. Commissioner Roberts confirmed Ms. Lorette's concern was about who would
be in office after the upcoming election. Ms. Lorette said the residents need more
information and input regarding what is facing them. Mayor Schreiber suggested the
residents attend tomorrow evening's meeting. Bob Onofriette, 5205 NW 50 Avenue,
Tamarac, FL asked the commissioners which of them is in favor of keeping the Sabal
Palm Golf Course. Mayor Schreiber and Commissioner Roberts said it would not be
legal for them to respond at this time. City Attorney Goren said it would be like a lawyer
approaching a judge before a trial begins and asking how the judge would rule without
having heard the facts, City Attorney Goren added the commission is legally protected
because there is nothing to respond to at this time. Commissioner Portner said he has
talked to the Mainlands 6 residents many times and answered every question he could.
He can not give any answer at this time as to how he will vote on this item, but he will
do what is best for the city; the east side has not gotten its due and hopefully what
comes about will be good for everybody. Commissioner Roberts asked how the
residents will know about tomorrow evening's meeting and City Manager Miller said he
received a list of association presidents' names from Commissioner Portner and his
office began calling this morning. If there are not enough attendees at tomorrow night's
meeting another meeting will be held, and staff will stay as long as needed on Thursday
night.
CONSENT AGENDA
6. Commissioner Portner seconded by Commissioner Roberts moved approval of
all items on the consent agenda. On roll call Commissioner Sultanof voted "yes", Vice
Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts
"yes", and Commissioner Portner "yes". Motion carried.
a. APPROVE the minutes of the February 8, 2006 Regular City Commission
meeting.
APPROVED
b. ANNUAL EQUIPMENT PURCHASE: (TR10893) Purchasing replacement heavy
equipment utilizing various governmental purchasing agreements including Florida
Sheriffs Association and Florida Department of Transportation; authorizing an
expenditure in an amount not to exceed $281,694; authorizing budget transfers as
needed for proper accounting purposes.
RESOLUTION NO. R2006-24
February 22, 2006
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C. MUTUAL AID AGREEMENT — FLORIDA WATERfWASTEWATER AGENCY
RESPONSE NETWORK: (TR10896) Executing the Mutual Aid Agreement for
Water/Wastewater as provided by the Florida Water/Wastewater Agency Response
Network.
RESOLUTION NO. R2006-25
d. U.S. DEPARTMENT OF HOMELAND SECURITY - ASSISTANCE TO
FIREFIGHTERS GRANT: (TR10899) Accepting grant funding in the amount of $61,000
from the Federal Emergency Management Agency Assistance to Firefighters Grant
Program; authorizing the appropriate city officials to execute a project agreement
between the U.S. Department of Homeland Security and the City of Tamarac for grant
funding in the amount of $61,000 with a cash match of $15,250 in city funds for a total
project cost of $76,250, to provide for firefighter health and safety equipment.
RESOLUTION NO. R2006-26
e. PURCHASE OF 4 TOWABLE GENERATORS — MILLENIUM PRODUCTS:
(TR10900) Purchasing four (4) towable generators from Millenium Products utilizing the
United States General Services Administration Contract #GS-07F-0231 N in an amount
not to exceed $97,941.44; authorizing the appropriate budget amendments for said
purpose.
RESOLUTION NO. R2006-27
f. DESIGN/BUILD OF THE TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT:
(TR10889) Awarding RFP#06-04R and executing an agreement with MGI-Morgan
General Mechanical Group, Inc. for the design/build of the Tamarac Public Service
Center Fuel Island and Underground Fuel Storage Tank Replacement Project for an
amount not to exceed $244,800.00 from the appropriate accounts.
RESOLUTION NO. R2006-28
g. SIDEWALK REPAIR AND MAINTENANCE: (TR10894) Utilizing the City of
North Miami Beach Bid Number 2001-10 for the repair and maintenance of sidewalks in
public rights -of -way, in accordance with the FY2006 City Capital Improvement Sidewalk
Replacement Program and City ordinances; authorizing the execution of an agreement
with Arrow Asphalt and Engineering, Inc. for said work in an amount not to exceed
$55,000.
RESOLUTION NO. R2006-29
h. MAYORS JEWELERS & MAYORS PLAZA — FIRST AMENDMENT TO THE
WATER AND SEWER DEVELOPER'S AGREEMENT: (TR10901) Accepting and
executing a First Amendment to the Water and Sewer Developer's Agreement with
Butters Construction & Development, Inc. for the Mayors Jewelers & Mayors Plaza
Project, located at 5870 & 5850 Hiatus Road, requesting the addition of 2.5 ERC's for
$3,500.00 in CIAC fees, requiring 15.0 ERC's for water and 10 ERC's for sewer; totaling
the payment of $39,000.00 in CIAC fees; authorizing and directing the City Clerk to
record said agreement in the public records of Broward County.
RESOLUTION NO. R2006-30
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February 22, 2006
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i. CHANGE ORDER NO. 4—SEAWOOD BUILDERS --ELECTRIC GEOTHERMAL
HEATING SYSTEM: (TR10864) Executing Change Order Number 4 to the contract with
Catalfumo Construction, L.L.C. d/b/a Seawood Builders, for the additional cost and time
incurred for changing the pool heating system from a gas burning heating system to an
electric geothermal heating system at the Caporella Aquatic Complex Project;
authorizing an additional expenditure in the amount not to exceed $52,377.49.
RESOLUTION NO. R2006-31
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
There were no first reading ordinances scheduled for this meeting.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
ORDINANCE — SECOND READING
7. AMENDING CHAPTERS 19 AND 22 OF THE TAMARAC CODE — UTILITIES:
(T02111) Motion to adopt Ordinance on second reading to provide for the
discontinuation of utility and solid waste service at consumer's request due to
uninhabitable conditions as determined by the city's Building Official; specifically
amending Chapter 19, Solid Waste, Article II, Collection, Section 19-26; further
amending Chapter 22, Utilities, Article III., Rates and Charges and Billing Procedures,
Division 4, Generally, Section 22-136, of the Tamarac City Code of Ordinances;
providing for codification. City Attorney Goren read Temporary Ordinance 2111,
Revised 1/26/06, on second reading by title. Commissioner Roberts seconded by Vice
Mayor Flansbaum-Talabisco moved approval. Commissioner Portner said this
ordinance shows the residents the City of Tamarac has their concerns at heart.
Commissioner Roberts confirmed that this is being done retroactive to Hurricane Wilma.
Mayor Schreiber opened the public hearing and with no one wishing to speak, closed
the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner
Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum-Talabisco "yes",
and Mayor Schreiber "yes". Motion carried.
ADOPTED ON FIRST READING FEBRUARY 8, 2006
ADOPTED ON SECOND READING FEBRUARY 22, 2006
ORDINANCE NO.0-2006-09
QUASI-JUDICIAL HEARINGS
8. DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
FOUNTAINS PROFESSIONAL CENTER II: (TR10898) Motion to approve Resolution
issuing Revised Development Order No. 209.4 and granting New Development Site
Plan approval for Fountains Professional Center II to allow the construction of a 15,156
square foot, two-story building, along with associated landscaping and a Parking Waiver
for a seventeen (17) parking space reduction, and authorizing the appropriate City
Officials to accept and execute a Blanket Public Safety Ingress -Egress Easement with
Fountains Professional Center, LLC, for the Fountains Professional Center II project,
February 22, 2006
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located at the northeast corner of Commercial Boulevard and NW 57th Street,
specifically Parcel "C of the "Fountains Corporate Center Plat", according to the Plat
thereof as recorded in Plat Book 139, Page 44 of the Public Records of Broward
County, Florida; authorizing and directing the City Clerk to record said agreement in the
public records of Broward County, Florida (Case No. 25-SP-05); providing for conditions
of approval. City Attorney Goren read Temporary Resolution 10898 by title.
Commissioner Portner seconded by Commissioner Roberts moved approval. City
Attorney Goren explained the quasi-judicial procedures and Dennis Mele, agent, waived
his quasi-judicial rights on behalf of the applicant. Community Development Director
King gave a presentation. Commissioner Sultanof confirmed there would be no
ingress/egress off 57t" Street. Vice Mayor Flansbaum-Talabisco said she is delighted
about the project which is directly across the street from her community. Vice Mayor
Flansbaum-Talabisco expressed concern about vehicles pulling out of her development
at White Oak Lane onto Commercial Boulevard, and said she has talked to the county
about this dangerous turnaround, and asked the applicant to support her efforts. Mr.
Mele said the applicant will be happy to work with the city. Commissioner Roberts
confirmed there will be a landscaped wall around the property on the residential side.
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", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor
Flansbaum-Talabisco "yes". Motion carried.
RESOLUTION NO. R2006-32
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.
MARION SWENSON, CMC
CITY CLERK
SCHREIBER, MAYOR
February 22, 2006
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