HomeMy WebLinkAbout2002-06-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JUNE 12, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to
order on Wednesday, June 12, 2002 at 7:00 p.m. in Chambers at 7525 NW 88 Avenue,
Tamarac, FL 33321.
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.
Mayor Schreiber called for the pledge of allegiance.
1. PRESENTATION by Mayor Schreiber of a proclamation recognizing the contribution of
Community Emergency Response Team (CERT) volunteers. Fire Chief Jim Budzinski, Public
Education Specialist Van Schoen, and representatives of the CERT team accepted. Chief
Budzinski expressed appreciation to the team and thanked the Mayor and Commission for
their support.
2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming June 2-8, 2002 as
Chamber of Commerce Week. Chamber Board member Ron Hawthorne accepted and said
the city's cooperation with the Chamber is appreciated.
3. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 St., spoke about the Charter
Board and the well -utilized playground facility on Nob Hill Road. Mayor Schreiber said the
Charter Board is not a watchdog agency but only permitted to review the Charter. City
Attorney Kraft explained the Attorney General's ruling and the previous referendum which
eliminated the Charter Board's powers. Katherine Selchan, 8012 NW 105 Ave., Lisa Boening,
8014 NW 100 Terrace, Francie Allagreen, 8011 NW 107 Terrace, and Judy Kenagen, 8204
NW 107 Ave., spoke about water quality in Westwood 24 since the pigging project. The
residents requested reimbursement for and assistance with installation of home water filters,
and asked that water lines be relined or replaced. Mayor Schreiber said the pipes continue to
be flushed and every avenue to remedy the situation is being explored. Lori Glasser, 8028
NW 41 Ct., spoke about a recent school bus accident and the expedience with which
emergency personnel responded. Ms. Glasser said letters of commendation should be placed
in the personnel files. Marvin Seidel, 9645 Belfort Circle, Tamarac, 33321, spoke about rising
taxes and the need for a second homestead exemption. Commissioner Sultanof said
loopholes in the law need to be closed in Tallahassee before a second exemption is feasible.
Director of Utilities Gagnon responded to the citizens' concerns regarding water quality in
Westwood 24. He has instructed the engineering consultants to put together a scope of work
to replace or line the pipes. Mayor Schreiber said we will come up with a solution sooner than
later. Commissioner Roberts said residents need help quickly and Utilities Director Gagnon
said he would speak with them after the meeting.
June 12, 2002
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REPORTS
4. CItV Commission: Commissioner Roberts extended belated birthday wishes to Mayor
Schreiber and City Clerk Swenson. Commissioner Roberts said she is proud of the Tamarac
Bulldogs for being awarded Family of the Year, Athlete of the Year and Agency of the Year.
Additionally, Sgt. Logan was named Law Enforcement Officer of the Year and Tamarac was
honored for being the Host Facility.
Vice Mayor Partner said the Mayor and Commission are working on the Westwood 24
problem and it will be solved. Vice Mayor Portner announced dignitaries from sister city Fatsa,
Turkey will visit Tamarac next week. Vice Mayor Portner spoke about a personal incident
several weeks ago and asked Chief Budzinski to extend accolades to all EMS personnel.
Commissioner Sultanof extended birthday wishes to Mayor Schreiber and City Clerk Swenson.
Commissioner Sultanof spoke about a program in which Tamarac participates, wherein a
federal grant is obtained to distribute bicycles to students of Tamarac's elementary schools.
He is proud the program is being considered nationwide.
Commissioner Mishkin wished Mayor Schreiber and City Clerk Swenson a happy birthday and
said the children receiving bicycles were thrilled and full of excitement.
Mayor Schreiber thanked everyone for the birthday wishes and said the "Caught Being Good"
bike and helmet program is a reward for good behavior. Mayor Schreiber said Tamarac does
great things; he is proud to be Mayor and we will solve the water problem in Westwood 24.
5. City Attorney: City Attorney Kraft had no report.
6. City Manager: City Manager Miller congratulated Parks and Recreation on being
named Special Olympics 2001-2002 Local Organization of the Year. The CERT program
continues to grow, with another 14 members graduating on June 8t". Ours was the only
Broward County team that participated in a drill with Miami/Dade on May 18. Hurricane
preparedness programs are available in the tri-county area, including fire drills. The Fire
Department advises that now is the time to prepare for the hurricane season. The June art
exhibit at the Community Center features the work of Harvey Sampson entitled Art Deco
Graphics. Summer camp open house will be held at the Tamarac Recreation Center at 6:00
p.m. on June 20t"; enrollment is up to 305.
CONSENT AGENDA
7. Vice Mayor Portner seconded by Commissioner Roberts moved to table Item 7(r)
CABLE TELEVISION FRANCHISE - AT&T COMCAST CORPORATION: (TR9805) Approving
the change of control of the MediaOne of Greater Florida, Inc., cable television Franchise
Agreement to AT&T Comcast Corporation, to the July 10, 2002 regular City Commission
meeting at or after 7:00 p.m. On roll call Vice Mayor Portner voted "yes", Commissioner
Roberts "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor
Schreiber "yes". Motion carried.
June 12, 2002
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Commissioner Sultanof seconded by Vice Mayor Portner moved approval of all items on the
consent agenda except for 7(r), which was tabled. On roll call Commissioner Sultanof voted
"yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes",
and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the May 22, 2002 Regular Commission meeting.
APPROVED
b. AMENDMENT — SHIP FUND BUDGET: (TR9792) Amending the SHIP Fund Budget of
estimated revenues and expenditures in the amount of $450,522.00 by accepting the
Fiscal Year 2002-2003 allocation of the State of Florida's State Housing Initiatives
Partnership (SHIP) Program funds to be utilized according to the City's Local Housing
Assistance Plan and Housing Delivery Goals Chart; authorizing the appropriate City
Officials to appropriate said funds including any and all subsequent budgetary transfers
(Case No. 9-MI-02).
RESOLUTION NO. R2002-144
C. WARRANTY BOND RELEASE - WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS - EXETER EAST PROJECT: (TR9785)
Releasing a Public Improvement Warranty Bond in the form of an Irrevocable Standby
Letter of Credit No. S002241 from Suntrust Bank, in the amount of $67,315.13 for the
Water Distribution and Sewage Collection System improvements installed by Lennar
Land Partners for the Exeter East Project located on the southeast corner of NW 80th
Street and Granville Drive.
RESOLUTION NO. R2002-145
d. AGREEMENT — CREDIT AND DEBIT CARD PROCESSING SERVICES: (TR9765)
Executing a Government Merchant Processing Agreement with Nova Information
Systems and Wachovia Bank, National Association f/k/a First Union National Bank for
the provision of credit card processing services and a Merchant Debit Card Processing
Agreement with Nova Information Systems for the provision of debit card processing
services.
RESOLUTION NO. R2002-146
e. TAMARAC WATER AND SEWER UTILITY EASEMENTS: (TR9683) Executing
"Tamarac Water and Sewer Utility Easements" with various residents of the Tamarac Lakes
Development Sections 1 & 2, for the Tamarac Lakes Sewer Extension and Water Distribution
Project located on the east side of 215t Avenue just north of Prospect Road, to allow legal
access by City Utility Personnel for maintaining and operating the Water Distribution and
Sewage Collection System Improvements; authorizing and directing the City Clerk to record
said documents in the public records of Broward County.
RESOLUTION NO. R2002-147
f. PUBLIC IMPROVEMENT WARRANTY BOND RELEASE - VALUE DINING/GOLDEN
CORRAL: (TR9628) Releasing a Warranty Bond in the form of Surety Bond #45BSBAC9448
from Hartford Fire Insurance Company in the amount of $1,231.25, posted by Value Dining of
Tamarac, Inc., for paving and drainage improvements for the Golden Corral Restaurant project
located on the north side of Commercial Boulevard between University Drive and 73rd Avenue.
RESOLUTION NO. R2002-148
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g. INTERLOCAL AGREEMENT - PUBLIC TRANSPORTATION: (TR9800) Renewing the
2000 Interlocal Agreement between the City of Tamarac and Broward County for Public
Transportation Services for an additional one-year period.
RESOLUTION NO. R2002-149
h. FIRST AMENDMENT TO INTERLOCAL AGREEMENT - VEHICLE: (TR9802)
Executing a First Amendment to the 2000 Interlocal Agreement between the City of Tamarac
and Broward County providing financial assistance to the City in the amount of $10,000
annually for the provision of one (1) additional vehicle.
RESOLUTION NO. R2002-150
i. AGREEMENT - ROAD CONCURRENCY - FAGERSTROM PLAT: (TR9801) Approving
the Regional Road Concurrency Agreement between Broward County and the City of Tamarac
and J. Ruskin Holdings, Inc. (a Florida Corporation) for road concurrency relating to the
"Fagerstrom Plat" located at University Drive and Commercial Boulevard (Case No. 1-AP-02).
RESOLUTION NO. R2002-151
j. BROWARD COUNTY RAIN SHUTOFF DEVICE PILOT PROGRAM: (TR9780)
Participating in the Broward County Rain Shutoff Device Pilot Program; agreeing to issue
permits and waive permit and inspection fees.
RESOLUTION NO. R2002-152
k. PERFORMANCE BOND RELEASE— MERRILL GARDENS L.L.C.: (TR9797)
Releasing a performance bond in the form of Surety Bond #72SUN433102 from Hartford Fire
Insurance Company, in the amount of $14,640.00 posted by Merrill Gardens, L.L.C., for
paving and drainage improvements constructed for the Merrill Gardens of Tamarac Assisted
Living Facility Project located on the southeast corner of University Drive and Northwest 77th
street.
RESOLUTION NO. R2002-153
I. PUBLIC IMPROVEMENT PERFORMANCE BOND RELEASE - LYONS
COMMERCIAL SUBDIVISION: (TR9737) Releasing a Performance Bond in the form of
Surety Bond #LPM4122940 from Fidelity & Deposit Company of Maryland, in the amount of
$45,088.80 posted by Fog Partners Two, Limited for paving and drainage improvements for
Lots #3-8, Block 9, Lyons Commercial Subdivision, Unit #2, located on the north side of
Commercial Boulevard between Pine Island Road and NW 91 st Avenue, subject to the receipt
of a one-year Warranty Bond in the amount of $11,272.20.
RESOLUTION NO. R2002-154
M. PERFORMANCE BOND RELEASE— WENDY'S INTERNATIONAL INC.: (TR9739)
Releasing a Performance Bond in the form of Surety Bond #6127034 from Safeco Insurance
Company of America in the amount of $13,809.89 posted by Wendy's International, Inc. for
the construction of a left turn lane on NW 57t" Street for the Wendy's Old Fashioned
Hamburgers Restaurant project located on the north side of Commercial Boulevard between
Pine Island Road and NW 915t Avenue, subject to the receipt of a one-year Warranty Bond in
the amount of $3,452.47.
RESOLUTION NO. R2002-155
n. AGREEMENT - WACKENHUT CORPORATION - SECURITY SERVICES: (TR9773)
Executing an amendment to the agreement with Wackenhut Corporation for security services
to be used by the Water Treatment Facility of the Utilities Department utilizing the Broward
County Contract #D090297RB01; authorizing an expenditure of funds in an amount not to
exceed $25,000.
RESOLUTION NO. R2002-156
o. TEMPORARY CONSTRUCTION EASEMENT - WOODLANDS SUBDIVISION
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DRAINAGE IMPROVEMENT PROJECT: (TR9790) Executing a Tamarac Temporary
Construction Easement with Woodlands Country Club for the Woodlands Subdivision
Drainage Improvement Project located on the Woodlands Country Club property; authorizing
and directing the City Clerk to record said agreement in the Public Records of Broward
County.
RESOLUTION NO. R2002-157
P. GRANT APPLICATION - BROWARD BEAUTIFUL - MCNAB PARK: (TR9807)
Seeking grant funds through the Broward Beautiful Community Grant Program in the amount
of $10,000 with a local match in the amount of $10,000 for a total project cost of $20,000 for
beautification and landscaping of the entrance and parking area of McNab Park.
RESOLUTION NO. R2002-158
q. AGREEMENT - HOME INVESTMENT PARTNERSHIPS PROGRAM
CONSORTIUM COOPERATION: (TR9813) Executing the Agreement between Broward
County and the City of Tamarac to become part of the HOME Investment Partnerships
Program Consortium Cooperation Agreement for fiscal years 2003, 2004 and 2005 (Case No.
11-MI-02).
RESOLUTION NO. R2002-159
r. CABLE TELEVISION FRANCHISE - AT&T COMCAST CORPORATION: (TR9805)
Approving the change of control of the MediaOne of Greater Florida, Inc., cable television
Franchise Agreement to AT&T Comcast Corporation.
TABLED TO THE JULY 10, 2002 REGULAR CITY COMMISSION MEETING AT OR AFTER
7:00 P.M.
END OF CONSENT AGENDA
REGULAR AGENDA
Vice Mayor Portner seconded by Commissioner Sultanof moved the addition of Temporary
Ordinance 1968 to the agenda as item 8(a). Temporary Ordinance 1968, an Ordinance
authorizing the creation of safe neighborhood improvement districts pursuant to Section
163.501-et seq., Florida Statutes known as the "Safe Neighborhoods Act" providing for
conflicts; providing for severability; and providing for an effective date. On roll call Vice Mayor
Partner voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCES — FIRST READINGS
8. ELECTRIC FRANCHISE - FLORIDA POWER & LIGHT: (TO1969) Motion to adopt
Ordinance on first reading granting to Florida Power & Light Company, its successors and
assigns, an electric franchise, imposing provisions and conditions relating thereto, providing for
monthly payments to the City of Tamarac, and providing for an effective date. City Attorney
Kraft read Temporary Ordinance 1969 by title on first reading. Vice Mayor Partner seconded
by Commissioner Roberts moved approval. On roll call Vice Mayor Portner voted "yes",
Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and
Mayor Schreiber "yes". Motion carried.
APPROVED FIRST READING
8(a). SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS: (TO1968) Motion to adopt
Ordinance on first reading authorizing the creation of safe neighborhood improvement
June 12, 2002
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districts pursuant to Section 163.501-et seq., Florida Statutes known as the "Safe
Neighborhoods Act" providing for conflicts; providing for severability; and providing for an
effective date. City Attorney Kraft read Temporary Ordinance 1968 on first reading by title.
Vice Mayor Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber
asked for an explanation of the proposed legislation, and Community Development Director
King explained compliance with the Florida Statutes, the four types of districts permitted under
the statutes, necessary steps, selection of a governing board, and method of collection and
disbursement of the taxes. Commissioner Roberts said she has seen the crime tallies from
BSO and there were three crimes in the past six months in this area; two reports were related
to clubs stolen from the golf clubhouse. Commissioner Roberts said she does not feel this is a
crime ridden neighborhood and there are things the residents can become involved in, such as
the COP program, crime watch, hiring private security, or closing some of the streets and/or
entrances. Commissioner Roberts said before this opens up to everyone in the City she would
like to see proof that at least 75% of the residents are in favor of this special taxing district and
they are willing to pay up to 2 additional mils in taxes. Additionally, a special taxing district
would create more work for staff, as they would have to monitor special accounts set up
specifically for the tax. Vice Mayor Portner said he did not agree, as the ordinance merely
enables the Woodlands to petition to find out if the people want this for themselves. Vice
Mayor Portner said he has no problem approving the ordinance, but he expects a super
majority vote from the Woodlands residents. Commissioner Sultanof said his concerns are
the same as Commissioner Roberts', but he is in favor of the ordinance with one caveat; he
would like to have the residents' state in writing that they approve of the district.
Commissioner Roberts asked if before voting on this ordinance the Woodlands residents
could be surveyed to see if they are interested or not. City Attorney Kraft said any survey can
be taken in a community if there is no cost involved, but he would not speak for the
community. Vice Mayor Portner said there are only two areas in Tamarac that might want to
take part in this; Woodlands and Woodmont. Both are on golf courses, which are magnets for
theft. Mayor Schreiber said Woodlands Homeowners are coming to the City for help. They
cannot do certain things under their documents; the enabling legislation must be passed in
order to give them the ability to come back to the commission with a plan. The commission
does not have to accept the plan; there is no cost to the city and passage of the ordinance
does not mean everyone will take advantage of it as many communities are able to solve their
problems on their own. Commissioner Roberts said she has no problem if 50% of the
residents say they want this; however, there are only 3 people from Woodlands in the
audience tonight. Commissioner Roberts asked if this could be done just for the Woodlands
and City Attorney Kraft said there is no provision in the law to do this for only one community.
On roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner
Mishkin "yes", Commissioner Roberts "no", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING JUNE 12, 2002
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
9. AMENDING CHAPTER 12 - LICENSE AND BUSINESS REGULATIONS: (TO1967)
Motion to adopt Ordinance on second reading amending Chapter 12, "License and Business
Regulations" of the Code of Ordinances of the City of Tamarac, Florida, by amending Article II,
"Occupational Licenses", by amending Section 12-39, "Amount of Fee" to conform with
June 12, 2002
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Chapter 205, Florida Statutes; modifying Occupational License fees and classifications and
establishing equity between license fees and establishing additional license classifications and
fees (Case No. 7-Z-02). City Attorney Kraft read Temporary Ordinance 1967, Revision #1, on
second reading by title. Vice Mayor Portner seconded by Commissioner Sultanof moved
approval. Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. Commissioner Roberts confirmed that state statute allows up to a
5% increase in fees every two years and the ordinance adds a fee for automobile dealerships.
On roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner
Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-11
10. AMENDING ARTICLE VI, SECTION 6.04 OF THE CITY CHARTER— CHANGING THE
CHARTER BOARD FROM AN ELECTED TO AN APPOINTED BOARD: (TO1965)Motion to
adopt Ordinance on second reading amending Article Vill, Section 8.01 of the City Charter,
entitled "Terms and Qualifications", amending Article VI, Section 6.04 of the City Charter
entitled "Elections"; changing the Charter Board from an elected to an appointed board;
replacing the elected Charter Board; providing for term of office; providing for transition;
providing for removal from office; providing that if the amendment is approved by a majority of
the voters at the September 10, 2002 election, then such amendment shall become a part of
the City Charter upon certification and acceptance of the election results; providing for
codification; providing for conflicts; providing for severability; and providing for an effective
date. City Attorney Kraft read Temporary Ordinance 1965 on second reading by title. Vice
Mayor Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber
opened the public hearing and said if the referendum passes, the Charter Board would be
appointed by the Commission. Walter Coghlin, 4806 NW 49 Court, spoke in support of the
change. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On
roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin
"yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-12
QUASI-JUDICIAL HEARING
11. NEW DEVELOPMENT SITE PLAN - WESTMINSTER ACADEMY SCHOOL SITE:
(TR9798) Motion to approve Resolution granting New Development Site Plan approval to
allow the construction of an access road from Commercial Boulevard on a vacant 1.96 acre lot
(approximately 200 feet wide by 426 feet long) located in the City of Tamarac on the south
side of West Commercial Boulevard approximately 1,400 feet east of US 441/SR7; specifically
the west 200 feet of the east 1,061.35 feet of the north 991 feet of the southwest one -quarter
(SW 1/) of Section 18, Township 49 South, Range 42 East, Broward County, Florida, lying
south of the south right-of-way line of West Commercial Boulevard (NW 50t" Street) to access
the future Westminster Academy School Site to be located on a larger tract of land located
directly south in the City of Lauderdale Lakes (Case No. 19-SP-01); providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9798 by title. Vice Mayor Portner
seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-
judicial proceedings and Don Winsted, Westminster Academy and Chris Lips, Craig A. Smith
& Associates, waived their quasi-judicial rights. Community Development Director King gave a
presentation. Mayor Schreiber questioned the benefit to Tamarac and said this would result in
additional traffic on Commercial Blvd. Community Development Director King explained the
June 12, 2002
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benefit to the city will be a developed lot, eliminating current code enforcement activity. The
size and shape of this vacant lot make it difficult to develop; the proposed access road would
include fencing and landscaping, providing an entryway to the business park. Commissioner
Sultanof questioned the status of the school. Mr. Winsted responded that the school is not yet
built, it will be a high school and enrollment will come from the entire county, including
Tamarac. Commissioner Roberts asked who owns the property and Mr. Winsted said
Westminster. Vice Mayor Portner said he is acquainted with Westminster Academy and is
proud of what they do. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW
72 St. and Walter Coghlin, 4806 NW 49 Court, spoke in opposition to the request, citing traffic
concerns. With no one else wishing to speak, Mayor Schreiber closed the public hearing.
Vice Mayor Portner thanked the Mayor, Commission and city staff for the good wishes he
received. On roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "no". Motion
carried.
RESOLUTION NO. R2002-160
END OF QUASI-JUDICIAL HEARING
END OF PUBLIC HEARINGS
There being no further business to come before the city commission, Mayor Schreiber
adjourned the meeting at 8:25 p.m.
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MARION S ENSON, CMC
CITY CLERK
Jqt SCHREIBER, MAYOR
CITY OF TAMAJIUkC
AP 2 0VEO Poi' flEETING OF
June 12, 2002
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