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HomeMy WebLinkAbout2001-06-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, JUNE 13, 2001 CALL TO ORDER: Mayor Schreiber called the Regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, June 13, 2001, 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 Gertrude Mishkin, 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. REPRESENTATIVE STACY RITTER — Representative Ritter gave a legislative wrap-up presentation and spoke about the following: decrease in the state budget, FRDAP grants, House/Senate budget differences, tax cuts, public education and school overcrowding, Medicaid costs, nursing home reform, change in education governance, elimination of the State Board of Regents, State Board of Education, Secretary of Education, Governor's appointments, Career Service Reform Act, telecommunications bill, annexation, and legislation she sponsored. Mayor Schreiber thanked Representative Ritter for the update and said it is necessary to organize a party to take control to get things done. Vice Mayor Sultanof said the system in Tallahassee is not a good one, and now is the time to begin making changes. 2. PRESENTATION of a proclamation by Mayor Schreiber, proclaiming June 14, 2001 as Pause for the Pledge of Allegiance to the Flag of the United States of America. Assistant City Clerk Tom Schneider accepted the proclamation on behalf of the National League of Cities. 3, PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 St., spoke about proposed sidewalks in Woodmont and placing new sidewalks over tree roots. Mr. Schneider asked the Commission to find money in the budget for sidewalk maintenance. Marvin Seidel, 9645 N. Belfort, spoke about the influx of refugees coming into Florida without health clearances, and requested that the Commission speak with Immigration about this issue. Mr. Seidel asked for enforcement of address numbers on commercial buildings and for a new post office or substation in west Tamarac. Mayor Schreiber said the City is working on getting the federal government behind a new postal facility. Sandra Gyle Motes, 7305 NW 59t" St., spoke about parking problems, cats and dogs running free in Mainlands Section 10, and enforcement of City codes. Mayor Schreiber said more information is needed so the June 13, 2001 Regular City Commission Meeting Minutes 1 City can look into the situation. Sam Schwartz, 6451 N. University Dr., spoke about the additional $25,000 Homestead exemption, requiring reflective building address numbers, and the hospital petition for cardiac care. Robert Reddock, 7314 NW 75 St., spoke about the additional Homestead exemption and asked the Commission to reconsider the additional exemption. RFP(]RTS 4. City Commission: Commissioner Roberts wished Mayor Schreiber a happy birthday, congratulated the T-ball Marlins on winning the championship and said Tamarac T-Ball will be celebrating its 25t' anniversary next year. Commissioner Roberts said tennis balls are still being collected for the school project, and 1,700 tennis balls were delivered to the school the other day. Commissioner Portner said at this morning's Broward County Parks and Recreation Board meeting swim central was discussed and $1.5 million was funded for a swimming pool at Tamarac Elementary. Commissioner Partner congratulated Special Projects Coordinator Diane Phillips, Parks and Recreation Director Kathleen Margoles and the Community Center Staff for their efforts on this project. Commissioner Portner wished Mayor Schreiber a happy birthday. Vice Mayor Sultanof wished Mayor Schreiber and City Clerk Swenson a happy birthday. Vice Mayor Sultanof reported on his attendance at the graduation of the DARE program at the elementary school, and said it is imperative that we start with our children, teaching them to say no to drugs. Commissioner Mishkin congratulated Mayor Schreiber on his birthday and commented on immigration and the change in laws regarding health testing for immigrants coming into the United States. Mayor Schreiber thanked everyone for the birthday wishes. Mayor Schreiber said he attended the Broward County Library Board meeting last night and spoke to them about their promise of a two-story library for Tamarac. Mayor Schreiber said Mr. Morrison, Director of the Library Board, said there is no record of any discussion of a two-story building, but he is willing to meet with the Commission to discuss the matter. Mayor Schreiber asked City Manager Miller to invite Mr. Morrison to meet with the Commission and requested that future presentations to the Commission be taped and minutes taken. Commissioner Portner said a meeting was held a year ago and there was discussion of a two-story building. Commissioner Portner questioned whether anything could be done to encourage the County to build a two-story library on the property. Mayor Schreiber suggested the Commission meet with Mr. Morrison meet and then go to the County Commission if necessary. Mayor Schreiber said with the recent improvements made to City Hall, perhaps the property value should be re-evaluated and insurance coverage increased. City Manager Miller said he would look into this. Mayor Schreiber said appointments to boards and committees will be made on June June 13, 2001 Regular City Commission Meeting Minutes 2 27" and requested that each board and committee chairperson provide a status report to the Commission before that date. Vice Mayor Sultanof said he called four board and committee chairpersons for reports and asked the City Clerk to report on meeting attendance. 5. City Attorney: City Attorney Kraft extended best wishes to the birthday celebrants. 6. City Manager: City Manager Miller wished a happy birthday to all recent celebrants. City Manager Miller reported on two recent successful events: the Memorial Day ceremony where children from Tamarac Elementary read essays, and the city -sponsored annual volunteer luncheon. City Manager Miller said Tamarac and Sunrise Chambers of Commerce held a legislative briefing at the Community Center. Upcoming events include an Employee Recognition Luncheon on June 201h at the Community Center, various activities scheduled for Parks and Recreation Month during July, and the annual 4th of July celebration. CONSENT AGENDA 7. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval of all items on the consent agenda, except for Item 7(d), which was removed from the consent agenda for discussion. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the May 23, 2001 Commission meeting. APPROVED b. SPECIAL LIMITED RELEASE - COASTAL CARTING LTD. INC.: (TR9400) Executing a Special Limited Release in favor of plaintiffs in the case of Coastal Carting Ltd., Inc. v. Broward County, et al., U.S. Dist. Ct., S.D. Fla., Case No. 96- 7175. RESOLUTION NO. R2001-140 C. AGREEMENT - STATE ROAD 7 PARTNERSHIP: (TR9409) Executing the State Road 7 partnership agreement. RESOLUTION NO. R2001-141 d. STATE ROAD 7/US 441 AESTHETIC AND ECONOMIC DEVELOPMENT COMMITTEE: (TR9410) Appointing as the City's designee to the State Road 7/US 441 Aesthetic and Economic Development Committee; appointing the Planning and Zoning Manager as the City's staff member alternate to the State Road 7/US 441 Aesthetic and Economic Development Committee. REMOVED FROM CONSENT AGENDA FOR DISCUSSION June 13, 2001 Regular City Commission Meeting Minutes 3 e. POSTAL FACILITY: (TR9411, Revision #1) Advocating for an additional postal facility within the city limits of the City of Tamarac; supporting a petition advocating for an additional postal facility within the city limits of the City of Tamarac; authorizing and directing the City Clerk to forward a copy of this resolution to the Board of Governors of the U.S. Postal Service, the United States Postmaster General, as well as the Federal, State and County Legislative Representatives of the City of Tamarac. RESOLUTION NO. R2001-142 f. MCNAB BUSINESS PARK WATER AND SEWER DEVELOPER'S AGREEMENT- _ INDUSTRIALDEVELOPMENT COMPANY OF AMERICA, L.L.L.P.: (TR9374) Accepting and executing a Water andSewer Developer's Agreement with Industrial Development Company of America, L.L.L.P., for the McNab Business Park Project, located on the southeast corner of McNab Road and Hiatus Road for twenty non-residential water and sewer building connections requiring 20 ERC's for water and 20 ERC's for sewer; requiring the payment of $64,000.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-143 g. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT - ESTATE OF SALLY D. TZERMAN: (TR9413) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with The Estate of Sally D. Tzerman, for walkways, slabs and landscaping located within utility easements on the Estate of Sally D. Tzerman Property, located at 4727 NW 50t" Street; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-144 h. FY00 WATER AND WASTEWATER SYSTEM ANNUAL REPORT: (TR9356) Receiving the Fiscal Year 2000 City of Tamarac Water and Wastewater System Annual Report prepared by the City's Consulting Engineers, Hartman & Associates, Inc., on behalf of the City of Tamarac's Utilities Department as required by Bond Covenants for Continuing Disclosure for the Taxable Water and Sewer Utility Revenue Refunding Bonds Series 1996 and Refunding Bond Series 1992. RESOLUTION NO. R2001-145 i. AGREEMENTS - LANDSCAPE ARCHITECTURAL CONTINUING SERVICES: (TR9380) Accepting and executing agreements with the following three (3) consulting firms to provide Landscape Architectural Continuing Services for a period of five years on an "as needed" basis beginning with the Street Resurfacing and Median Beautification Program: (1) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.; (2) Miller Legg & Associates, Inc., and (3) RMPK Group. RESOLUTION NO. R2001-146 June 13, 2001 Regular City Commission Meeting Minutes 4 j. AWARD & AGREEMENT - FLORIDA DEPT. OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND: (TR9405) Accepting an award from the Florida Department of Community Affairs Division of Emergency Management Preparedness and Assistance Trust Fund in the amount of $105,000; authorizing a City match of $3,890,000 in -kind in the form of the construction costs of the Tamarac Community Center for a total project cost of $3,995,000 for a generator for the City of Tamarac Community Center; authorizing the appropriate City Officials to execute an agreement between the City of Tamarac and the Florida Department of Community Affairs Division of Emergency Management; amending the Annual Grants Fund Budget of Estimated Revenues and Expenditures in the amount of $105,000. RESOLUTION NO. R2001-147 k. TASK ORDER AUTHORIZATION - PHASE IV AND V OF THE COMPREHENSIVE STREET IMPROVEMENT PROGRAM: (TR9406) Executing Task Order Authorization No. 01-01 with Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. to provide landscape, architectural and engineering services related to the median improvements identified in Phase IV and V Workplan of the Comprehensive Street Improvement Program in accordance with the City Consulting Engineering Services Agreement as authorized by Temporary Resolution No. 9380; authorizing an expenditure in an amount not to exceed $446,160; providing for administration of the task order authorization. RESOLUTION NO. R2001-148 I. BROWARD SHERIFF'S OFFICE PERMIT APPLICATION - PARKS AND RECREATION: (TR9218) Executing a Broward Sheriffs Office Permit Application for special details for police services to be used by the Parks and Recreation department in an amount not to exceed $47,555.00 in FY 01; approving funding from the appropriate parks and recreation account. RESOLUTION NO. R2001-149 M. NSA ANNUAL CONFERENCE AND EXHIBITION: (TR9414) Expressing sincere appreciation and gratitude to the National Sheriffs' Association for selecting Broward County as host site for its 2001 annual conference and exhibition; welcoming attendees, their guests and their families. RESOLUTION NO. R2001-150 n. STATEWIDE MUTUAL AID AGREEMENT: (TR9417) Executing an agreement between the Department of Community Affairs of the State of Florida and the City of Tamarac which provides for statewide mutual aid in the event of a disaster. RESOLUTION NO. R2001-151 7d. STATE ROAD 7/US 441 AESTHETIC AND ECONOMIC DEVELOPMENT COMMITTEE: (TR9410) Appointing as the City's designee to the State Road 7/US 441 Aesthetic and Economic Development Committee; appointing the Planning and Zoning Manager as the City's staff member alternate to the State Road 7/US 441 Aesthetic and Economic Development Committee. Commissioner June 13, 2001 Regular City Commission Meeting Minutes 5 Roberts seconded by Commissioner Portner moved approval. Commissioner Roberts seconded by Commissioner Mishkin moved to amend Temporary Resolution 9410 by appointing Commissioner Edward C. Portner as the City's designee. On roll call Commissioner Roberts voted "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-152 END OF CONSENT AGENDA 9. AMENDING ARTICLE VIII SECTION 8.01 AND ARTICLE VI SECTION 6.04 OF THE CITY CHARTER -CHARTER BOARD: (TO1930) Motion to adopt Ordinance on first reading amending Article VIII, 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; eliminating the elected Charter Board; providing for term of office; providing for transition; providing for removal from office; providing for meeting schedule to be set by resolution; providing that if the amendment is approved by a majority of the voters at the March 12, 2002 election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification. Vice Mayor Sultanof seconded by Commissioner Roberts moved to remove Item 9 from the regular agenda. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes"; Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. REMOVED FROM THE AGENDA REGULAR AGENDA ORDINANCES- FIRST READINGS 8. AMENDING CHAPTER 10 SECTION 10-132 - "WELLFIELD PROTECTION": (TO1924) Motion to adopt Ordinance on first reading amending Section 10-132, entitled "Wellfield Protection" of Chapter 10 of the Tamarac City Code, entitled "Land Development Regulations", providing criteria for regulating and prohibiting the use, handling, production and storage of certain deleterious substances which may impair present potable water supply wells and wellfields; providing for codification. City Attorney Kraft read Temporary Ordinance 1924, revision #3, on first reading by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING JUNE 13, 2001 1 June 13, 2001 Regular City Commission Meeting Minutes 6 [1 E 10. AMENDING CHAPTER 5.6 SECTION 5.6-5 — "TELECOMMUNICATIONS FEES AND PAYMENTS" AND CHAPTER 20 SECTION 20-42 — "STREETS AND SIDEWALKS FEES"% (TO1931) Motion to adopt Ordinance on first reading amending Section 5.6-5 "Fees and Payments" of Chapter 5.6 "Telecommunications" of the City of Tamarac Code of Ordinances, implementing the "Communications Services Tax Simplification Act" (Chapter 2000-260, Laws of Florida) and Committee Substitute.for Committee Substitute for Senate Bill 1878, passed during the 2001 State Legislative Session, which restructures the City's Communications Services Tax and Fee Structure; amending Section 20-42 "Fees" of Chapter 20 "Streets and Sidewalks" of the City of Tamarac Code of Ordinances, providing for waiver of permit fees for telecommunications services providers pursuant to Section 337.401, Florida Statutes, as amended by Committee Substitute for Committee Substitute for Senate Bill 1878, passed during the 2001 State Legislative Session; authorizing and directing the City Clerk to provide notification to the Department of Revenue via certified mail postmarked by July 16, 2001; providing for codification. City Attorney Kraft read Temporary Ordinance 1931, revision #1, on first reading by title. Vice Mayor Sultanof seconded by Commissioner Portner moved approval. Commissioner Roberts seconded by Commissioner Mishkin moved to amend Temporary Ordinance 1931 by reverting to the original version of June 5, 2001. City Attorney Kraft said reverting to the original version of June 5, 2001 would change the values in the ordinance back to the original numbers. On roll call Commissioner Roberts voted "yes", Commissioner Mishkin "yes", Commissioner Partner "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING JUNE 13, 2001 — ORIGINAL VERSION OF JUNE 5, 2001 There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 8:00 p.m. ( -) MARION SWE SON, CMC CITY CLERK n1SCH EIBER, MAYOR CITY OF TA►MAM0 APPROVED AT MEETING OF J U- ua27, D©/ June 13, 2001 Regular City Commission Meeting Minutes 7 fl 1