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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 Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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 1 February 22, 2006 Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6 L 1