HomeMy WebLinkAbout2003-02-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY FEBRUARY 26, 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: Vice Mayor Portner led the pledge of allegiance.
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation by Mayor Schreiber and BSO Chief Ken Dugger of service awards
to the participants of the C.O.P.S. Program. Mayor Schreiber read a statement and
Chief Dugger recognized the following members who gave more than 500 hours of
dedicated service to Tamarac: Nathan Ancel, Gilda L. Atkins, Stanley Atkins,
Josephine Avolio, Abraham Babyatsky, Jerome Barell, Janet Bell, Rosalind Betens,
Rose Chick, Louis Citrin, Beatrice Cohen, Caroline Cohen, Irving Cohen, Meyer Cohen,
Lawrence Deutsch, Bella Feuer, David Filenbaum, Don Fishbein, Abraham Fisher,
Rubin Flaumenbaum, Gail Goldberg, George Goldberg, James Harkins, Robert Hickey,
Josephine Hinderstein, Sidney Hipshman, Bertram Katz, Faye Koch, Renee Kogan,
William Kogan, Michael Kolos, Joseph Kupferberg, Bertha Kuscher, Jerry Lantz, Joan
Lawlis, Seymour Lederkramer, George Leggiere, Sol Lerner, Edward Levy, Frank
Lowney, Jack May, David Nahoun, Rickey Pine, Helen Rosenfeld, Seymour Rosenfeld,
Howard Saks, Emanuel Sanford, and Edward Santoro.
Chief Dugger recognized the following members who gave more than 1,000 hours of
dedicated service to Tamarac: Bernard Abrams, Faye Barbanell, Joseph Broder,
Robert Commer, Eleanor Crane, Thomas Crane, Edith Dern-Ross, Joseph Fischer,
Albert Ford, Charles Gallin, Benjamin Haber, Joseph Jones, Jerry Kalinsky, Morris
Lerman, Rosario Licitra, Stanley Margulies, Muriel Markowitz, Edward Michaelis, Robert
Milstein, Victor Morse, Bernard Peretz, Henry Podhurst, Richard Press, John
Randazzo, Ralph Siciliano, Mel Stone, Elsie Stromfeld, Morris Stromfeld, Herbert
Weller, Herbert Winokur, Ruth Wolf, and Madeline Wynn. Chief Dugger said a new
ribbon bar would be given to the members and congratulated them for an outstanding
job. Commissioner Roberts congratulated the C.O.P. members. They have worked
hard and long and help the city by being eyes and ears for BSO.
February 26, 2003
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b. Presentation by Mayor Schreiber of a proclamation proclaiming March 2003 as
Purchasing Month in the City of Tamarac. Purchasing/Contracts Manager Flurry
accepted. Mayor Schreiber said Purchasing/Contracts Manager Flurry would be
moving from the city and she has done an excellent job while here. City Manager Miller
noted Purchasing/Contracts Manager Flurry has been with the city for 6Y2 years and
has done an outstanding job with the division in reorganizing, computerizing, and hiring
staff. Mayor Schreiber and City Manager Miller wished her well. Purchasing/Contracts
Manager Flurry expressed thanks for the recognition and support given the Purchasing
Division, and thanked her staff for a job well done.
RFPORTS
2. City Commission: Mayor Schreiber had no report.
Commissioner Roberts congratulated the C.O.P. members for doing a great job and
said with over 1,000 members, the group is the largest in Broward County.
Vice Mayor Portner spoke about four items discussed at last Monday's workshop
meeting: speed humps, Monterey Golf Course, Woodlands Independent District, and
war with Iraq. Vice Mayor Partner questioned using taxpayers' money for speed humps
for the few who may benefit from them and said due to the Commission's delay, the
cost of the Monterey Golf Course increased and grant funding for the purchase is no
longer available. Vice Mayor Partner said eight presidents in the Woodlands
community want the independent district and the Commission should approve it. Vice
Mayor Portner read the title of his proposed resolution opposing war with Iraq and
asked that it be approved at today's meeting.
Commissioner Sultanof asked he be extended proper courtesy relative to matters
concerning the Veteran's Affairs Committee and spoke about issues between the Kings
Point Veterans Social Club and the six national veterans organizations. Mayor
Schreiber responded to Commissioner Sultanof's concerns and said he was merely
asked to attend a meeting and made no promises to the Veterans Social Club.
Commissioner Mishkin had no report.
3. City Attorney;, City Attorney Kraft had no report.
4. City Manager_ City Manager Miller spoke about upcoming election expenses,
and said a letter was sent to the Supervisor of Elections (SOE) asking for justification
for a specific charge. City Manager Miller said he and City Clerk Swenson will attend a
meeting today between City Managers, City Clerks and the SOE; despite the costs,
Tamarac will hold a successful election on March 11th. The first round of VST training
has been completed, with one to go. City Manager Miller said he is proud of staff for
stepping up and City Clerk Swenson has done an outstanding job of organizing the
efforts so far. The Fire Department reports fire extinguisher training for 300 University
Hospital employees was held last week. Firefighter/paramedic Sergio Garces has
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been called to active duty for at least one year; this is the second firefighter/paramedic
to be called and City Manager Miller thanked the Commission for compensation
provided to those who are called. The next Tamarac Twilight Concert will be held on
March 7t" from 7-9:00 p.m. at the sports complex and will feature the band No Matter
What. The final concert is scheduled for April 4tn, featuring Shadow Creek Band. The
Spring Cleaning Community Garage Sale will be held at Tamarac Park on March 8tn
from 7:00 a.m. until noon and the 4t" annual Irish Pest is scheduled for March 17t" at
6:00 p.m. at the Community Center. The public is invited to the first performance of
`Tamarac Performs', which showcases local talent. The show will be held at the
Community Center on April 4t", and tickets are $5.00. The second show is scheduled
for June 27tn
Vice Mayor Portner responded to remarks made by Mayor Schreiber and said all the
commissioners are independent people.
5. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 70t" Avenue, Tamarac,
spoke about the speeding problem on 70tn Avenue and recommended a walkway or
bike route be installed. Mayor Schreiber asked if he would consider speed humps and
questioned where a walkway could be placed. Mr. Feyers responded speed humps
would be acceptable and said a walkway would have to be on the street designated by
white lines. Mayor Schreiber said the matter would be reviewed. Commissioner
Sultanof asked if this neighborhood asked for sidewalks, and Commissioner Roberts
said this area was not included in the original 1996 sidewalk program; 82"d Street is
included in the 2005/2006 budget. Murray Nathanson, 7776 Trent Drive, Tamarac,
spoke about the Kings Point veterans club.
CONSENT AGENDA
6. Vice Mayor Portner seconded by Commissioner Sultanof moved the addition of
Temporary Resolution 10048 to the consent agenda as item 6(e). Temporary
Resolution 10048, a Resolution of the City Commission of the City of Tamarac, Florida,
encouraging the Broward County Commission to support the continued operations of
the Tamarac Library, located at 8601 W. McNab Road, and the Tamarac Popular
Library, located at 10044 W. McNab Road; providing for conflicts; providing for
severability; and providing for an effective date. On roll call Vice Mayor Portner voted
"yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Mayor Schreiber
"yes", and Commissioner Sultanof "yes". Motion carried.
Vice Mayor Portner seconded by Commissioner Sultanof moved the addition of
Temporary Resolution 10055 to the consent agenda as item 6(f). Temporary
Resolution 10055, a Resolution of the City Commission of the City of Tamarac, Florida
opposing AES Corporation's and Calypso Pipeline's proposed construction of a new
natural gas pipeline in Broward County; providing for conflicts; providing for severability;
and providing for an effective date. On roll call Commissioner Roberts voted "yes",
Commissioner Mishkin "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and
Vice Mayor Portner "yes". Motion carried.
February 26, 2003
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Vice Mayor Portner seconded by Commissioner Mishkin moved approval of all items on
the consent agenda, including 6(e) and 6(f). On roll call Commissioner Mishkin voted
"yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes",
and Commissioner Roberts "yes". Motion carried.
a. APPROVE the minutes of the February 12, 2003 regular commission meeting.
APPROVED
b. BILL OF SALE ABSOLUTE — CATALINA LAKES: (TR10033) Accepting a Bill
of Sale Absolute from Catalina Lakes, Inc., for the Water Distribution and
Sewage Collection System Improvements installed for the Catalina Lakes
Project, located on the southwest corner of Nab Hill Road and NW 80th Street,
for City ownership; authorizing and directing the City Clerk to record said
document in the public records of Broward County.
RESOLUTION NO. R-2003-35
C. BILL OF SALE ABSOLUTE — VILLAGE OF YARDLEY: (TR9883) Accepting a
Bill of Sale Absolute from Lennar Land Partners for the Water Distribution and
Sewage Collection System Improvements installed for the Village of Yardley
Project, located on the northwest corner of NW 96th Avenue and NW 77th Street,
for City ownership; authorizing and directing the City Clerk to record said
document in the public records of Broward County.
RESOLUTION NO. R-2003-36
d. AGREEMENTS — FY03 INFLOW AND INFILTRATION PROJECT: (TR10038)
Executing an agreement for the FY03 Inflow and Infiltration Project with the
Sanitary Sewer Line Rehabilitation Company, Insituform Technologies, Inc., for
which the Director of Utilities will approve work tasks under the contract up to a
total cost not to exceed $600,000.00; authorizing the appropriate City Officials to
administer the contract.
RESOLUTION NO. R-2003-37
e. ENCOURAGING BROWARD COUNTY TO KEEP THE TAMARAC LIBRARY
AND TAMARAC POPULAR LIBRARY OPEN: (TR10048) Encouraging the
Broward County Commission to support the continued operations of the
Tamarac Library, located at 8601 W. McNab Road, and the Tamarac Popular
Library, located at 10044 W. McNab Road.
RESOLUTION NO. R-2003-38
f. OPPOSING THE CONSTRUCTION OF LIQUEFIED PETROLEUM GAS
PIPELINES IN BROWARD COUNTY: (TR10055) Opposing AES Corporation's
and Calypso Pipeline's proposed construction of a new natural gas pipeline in
Broward County.
RESOLUTION NO. R-2003-39
END OF CONSENT AGENDA
February 26, 2003
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REGULAR AGENDA
7. AMENDING STATE OF FLORIDA'S STATE HOUSING INITIATIVES
PARTNERSHIP SHIP PROGRAM BUDGETS: (TR10039) Motion to approve
Resolution authorizing the appropriate City Officials to amend the State of Florida's
State Housing Initiatives Partnership (SHIP) Program budgets of estimated revenues
and expenditures by accepting the estimated amount of $27,992.00 for the current
Fiscal Year 2002/2003 to reflect the amount based upon the redistribution of funds for a
total allocation of $559,857.00 as per the State of Florida, to be utilized according to the
City of Tamarac's Local Housing Assistance Plan and Housing Delivery Goals Chart in
Fiscal Year 2002/2003; appropriating said funds including any and all subsequent
budgetary transfers (Case No. 3-MI-03). City Attorney Kraft read Temporary Resolution
10039 by title. Commissioner Sultanof seconded by Commissioner Roberts moved
approval. Vice Mayor Portner confirmed the monies are for this year and have been
funded. On roll call Mayor Schreiber voted "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", Commissioner Mishkin "yes", and Vice Mayor Portner
"yes". Motion carried.
RESOLUTION NO. R-2003.40
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCE — SECOND READING
8. AMENDING CHAPTER 24 OF THE TAMARAC CODE - BOARD OF
ADJUSTMENT: (TO1996) Motion to adopt Ordinance on second reading amending
Chapter 24 of the Tamarac Code entitled "Zoning", by deleting in its entirety Article II
"Administration", Division 2, "Board of Adjustment", Section 24-36 entitled "Creation;
members"; Section 24-37 entitled "Terms; removal of members; vacancies"; Section 24-
38 entitled "Officers; rules of procedure; records; meetings"; Section 24-39 entitled
"Funding; expenditures; application fees"; Section 24-40 entitled "Powers and duties
generally"; Section 24-41 entitled "Review of administrative orders, requirements, etc.";
Section 24-42 entitled "Appeals from decisions of administrative officials — generally";
Section 24-43 entitled "Same — stay of work and proceedings"; Section 24-44 entitled
"Same — hearing; costs"; Section 24-45 entitled "Judicial review of board's decisions";
providing for sunsetting of the Board of Adjustment; providing for codification; providing
for conflicts; providing for severability; and providing for an effective date. City Attorney
Kraft read Temporary Ordinance 1996, revision #4, on second reading by title.
Commissioner Sultanof seconded by Commissioner Mishkin 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", Commissioner Sultanof
"yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 0-2003-04
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QUASI-JUDICIAL HEARINGS
9. SPECIAL EXCEPTION — QUIZNO'S CLASSIC SUBS: (TR10036) Motion to
approve Resolution granting a Special Exception to allow the operation of a fast-food
restaurant within a B-2 (Community Business District) zoning category to Quizno's
Classic Subs, located at 4001 West Commercial Boulevard in the Sunshine Plaza
shopping center, specifically a portion of Tracts 7 and 8, Section 13, Township 49
South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according
to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of
Broward County, Florida (Case No. 5-Z-03); providing for conditions of approval. City
Attorney Kraft read Temporary Resolution 10036 by title. Commissioner Roberts
seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the
quasi-judicial procedures, and Yigal Aviani, applicant, waived his quasi-judicial rights.
Community Development Director King gave a presentation. Commissioner Sultanof
questioned whether beer or wine would be served and the exact location of the
business. Mr. Aviani responded only soft drinks will be served and the store will be on
the corner facing State Road 441. Mayor Schreiber asked if Mr. Aviani is connected
with the restaurant near Commercial and Prospect Road and Mr. Aviani responded in
the negative. Mayor Schreiber opened the public hearing and with no one wishing to
speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice
Mayor Portner "yes", Commissioner Mishkin "yes", Mayor Schreiber "yes", and
Commissioner Roberts "yes". Motion carried.
RESOLUTION NO. R-2003-41
10. SPECIAL EXCEPTION — DAVID'S CATERING AND BANQUET CENTER INC.:
(TR10035) Motion to approve Resolution granting a Special Exception to allow the
operation of a food service facility for interior banquet services and dining facilities
within a B-1 (Neighborhood Business District) zoning category to David's Catering and
Banquet Center, Inc. located at 6455 West Commercial Boulevard in the David's Plaza
2 center, specifically Parcel "C" of the "Commercial Boulevard Lands" Plat, according to
the Plat thereof as recorded in Plat Book 105, Page 34 of the Public Records of
Broward County, Florida (Case No. 3-Z-03); providing for conditions of approval. City
Attorney Kraft read Temporary Resolution 10035 by title. Commissioner Roberts
seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the
quasi-judicial procedures, and Rana Gorzeck, Buckingham, Doolittle & Burroughs, LLP,
representing the applicant and Carmine Guastafeste, owner, waived their quasi-judicial
rights. Community Development Director King gave a presentation. Mayor Schreiber
questioned the location and configuration of the property. Mr. Guastafeste explained
the property is east of the current location and the former Chinese restaurant will be
converted to banquet facilities that will tie in with David's. Commissioner Sultanof
asked about ownership and fast food. Mr. Guastafeste said he has taken over David's
and the facility will be strictly for banquets. Vice Mayor Portner questioned the number
of people each room will hold and Mr. Guastafeste said between 50-90 people. Mayor
Schreiber opened the public hearing and with no one wishing to speak, closed the
public hearing. On roll call Commissioner Mishkin voted "yes", Mayor Schreiber "yes",
February 26, 2003
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Commissioner Roberts "yes", Vice Mayor Portner "yes", and Commissioner Sultanof
"yes". Motion carried.
RESOLUTION NO. R-2003-42
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
Vice Mayor Portner said he had placed a copy of his resolution opposing war with Iraq
at everyone's place on the dais before the meeting began and asked that it be voted on
at this meeting. Mayor Schreiber suggested the matter be discussed at the next
workshop. Vice Mayor Portner asked City Attorney Kraft if the Commission could vote
on the resolution and City Attorney Kraft responded it has not been placed on the
agenda.
There being no further business to come before the Commission, Mayor Schreiber
adjourned the meeting at 10:00 a.m.
MARION SW SON, CMC
CITY CLERK
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February 26, 2003
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JOE SCHREIBER
MAYOR
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