HomeMy WebLinkAbout2004-08-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY AUGUST 25, 2004
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order on Wednesday, August 25, 2004 at 9:00 a.m. in Chambers at Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL,
PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward
C. Partner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L.
Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
Mayor Schreiber led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATI
a. Presentation by Mayor Schreiber of employee service awards:
5 Year Awards: Alexander Arias, Firefighter 4, David Moore, Engineering Review
Technician, Diane Phillips, Assistant City Manager, and Ricky Spencer, Accounting &
Revenue Specialist
10 Year Award: Donald Newman, Maintenance Worker III
15 Year Awards: Ricky Anderson, Chief Structural Inspector, Samuel Demorizi,
Maintenance Worker II
25 Year Award: James Budzinski, Fire Chief
b. Presentation by Mayor Schreiber of a proclamation proclaiming the month of
September 2004 as Leukemia, Lymphoma and Myeloma Awareness Month. Vanessa
Aguilera accepted.
C. Presentation by Mayor Schreiber of a proclamation proclaiming the month of
September 2004 as National Prostate Cancer Awareness Month. Public Information
Officer Crockett accepted.
d. Presentation by Mayor Schreiber of a proclamation proclaiming Tamarac Fire
Rescue Services as 2004 Emergency Medical Services Provider of the Year. Chief
Budzinski accepted and said on July 8t" Tamarac Fire Department received the Florida
EMS Provider of the Year award and all members of Tamarac Fire Department
contributed to that achievement. Chief Budzinski said he appreciates the work of our
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firefighters, as well as the support from the Mayor and City Commission and City
departments. Chief Budzinski presented the Florida EMS Provider of the Year award
and the proclamation to the firefighters.
e. Presentation by Mayor Schreiber of a proclamation proclaiming August 30-
September 6, 2004 "Muscular Dystrophy Association International Association of
Firefighters Week". Chief Budzinski and Andrea Turkson of MDA accepted. Chief
Budzinski said the firefighters undertake this project on their own time and make a
significant contribution to MDA.
REPORTS
2. City Commission: Mayor Schreiber said he is proud and pleased to be the
Mayor of Tamarac and the employees are doing a fantastic job. Our firefighters are the
best. South Florida is fortunate we were not hit by Hurricane Charley, but unfortunately
Charlotte County and Punta Gorda were devastated. Our firefighters were over there
assisting and Tamarac contributed as much as it could.
Commissioner Portner said he had a great working vacation and congratulated all who
serve Tamarac and its citizens. They are doing a fine job. Tamarac is Number One all
the time. Commissioner Portner congratulated Human Resources Director Swanson on
her recent marriage and wished her much happiness. Commissioner Portner reminded
everyone that the MDA drive is being held over the Labor Day weekend and the
firefighters will be in the streets asking people to fill their boots.
Commissioner Roberts congratulated Tamarac Fire Department and EMS and said they
are the best in the state. Commissioner Roberts thanked the Woodmont residents for
moving forward with renaming the street, and reminded everyone to drive carefully as
school is in session.
Vice Mayor Sultanof said he is proud to serve alongside the employees and added that
Tamarac is the fastest growing city in Broward County.
Commissioner Flansbaum-Talabisco congratulated all the employees who received
employee service awards this morning, and congratulated Human Resources Director
Swanson on her recent marriage. Commissioner Flansbaum-Talabisco reported that
the city instituted an AED program to install AED's in public buildings. We are ahead of
other cities. Yesterday, Commissioner Flansbaum-Talabisco participated in training to
administer CPR and use the AED. Commissioner Flansbaum-Talabisco thanked Lt.
Van Marin and Firefighter Brown for their instruction, and added she plans on
approaching local school principals to encourage them to have their teachers and
administrative staffs remain current on lifesaving techniques.
3. City Attornel. City Attorney Kraft gave a litigation update on the Southern
Coatings case, which has been going on for three years. The judge ruled in our favor
on all counts sua sponte, and issued a summary judgment. The judge said Tamarac
should apply for sanctions, costs and attorney fees.
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4. City Manager: City Manager Miller said the sound system is in the process of
being worked on, and apologized for the lack of clarity. City Manager Miller gave an
update on Hurricane Charley and said Tamarac provided assistance right after the
storm struck. Tamarac firefighters were there for several days and then were relieved
by another Tamarac crew. Deputy Fire Chief Schuldt directed operations on behalf of
Charlotte County and the State Fire Chiefs' Association. BSO Chief Dugger was in
Wauchula leading the BSO contingent there. We have been requested to send utility
equipment and we are currently standing by as our responsibility is to help the State, as
other local governments in South Florida are doing. It is anticipated that Public Works
and Utilities will be called upon to assist as the recovery moves forward. The City of
Tamarac will accept donations for the relief effort at our fire stations; cash donations
may be brought to the finance department and they will be routed to the proper
agencies.
5. PUBLIC PARTICIPATION: Phyllis Krafick, 7735 Yardley Drive, #109, Tamarac,
FL, spoke about the view to the park on Nob Hill and 771h. Ms. Krafick said residents of
Yardley would like to keep the view intact as it is now (see photograph) and expressed
concern regarding a fishing pier under consideration. Vice Mayor Sultanof spoke of the
grant funding from the Preservation Fund and said the fishing pier is not set in stone.
Assistant City Manager Phillips spoke about the acquisition of the parcel and
requirements of the grant funding. Assistant City Manager Phillips said the City is
sensitive to the wishes and needs of the community, but it is not definite yet as to the
location of the pier.
Odiel Feyers, 7421 NW 70 Avenue, Tamarac, FL, spoke about work in the medians on
70th Avenue.
Burton S. Schneider, 8016 NW 72nd Street, Tamarac, FL, extended the Woodmont
Property Owners' Association's sympathy to the friends, co-workers and family of the
District VII Deputy who was lost in the line of duty. Mr. Schneider questioned the signs
regarding consideration for redevelopment at the nature preserve on 80th. Mayor
Schreiber said the only thing changing is the zoning, as the property is a preserve but
still zoned residential. Mr. Schneider thanked Commissioner Roberts and City Staff for
their work and efforts to rename the street in Woodmont.
CONSENT AGENDA
6. City Manager Miller said there had been two items requested to be pulled from
the consent agenda, Item 6(c) and Item 6(m).
Vice Mayor Sultanof seconded by Commissioner Roberts moved approval of all items
on the consent agenda except 6(c) and 6(m). On roll call Commissioner Portner voted
"yes", Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried.
Commissioner Partner seconded by Commissioner Flansbaum-Talabisco moved to
place Item 6(c) as Number 13 on the agenda, for a public hearing. On roll call
Commissioner Roberts voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor
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Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Portner "yes". Motion
carried.
Commissioner Portner seconded by Vice Mayor Sultanof moved to table Item 6(m) to
the September 8, 2004 regular meeting, and have the item placed on the September 7,
2004 workshop agenda for discussion. On roll call Commissioner Flansbaum-Talabisco
voted "no", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", Commissioner Portner
"yes", and Commissioner Roberts "yes". Motion carried.
a. APPROVE_ the minutes of the July 14, 2004 Regular City Commission meeting.
APPROVED
b. BILL OF SALE ABSOLUTE — FAIRBANKS SAWGRASS .CHRYSLER JEEP
DODGE: (TR10504) Accepting a Bill of Sale Absolute from T.T. of Commercial, Inc., for
the Water Distribution and Sewage Collection System Improvements installed for the
Fairbanks Sawgrass Chrysler Jeep Dodge Project, located at 5901 Madison Avenue, for
City ownership; authorizing and directing the City Clerk to record said document in the
public records of Broward County,
RESOLUTION NO. R2004-178
C. REQUEST FOR RENAMING OF .STREET_ (TR10500) Approving the "Request
for Renaming of Street" requested by the Woodmont Property Owners Association for
the inclusion of the name, "Charles Seville Street", to the existing numbered, "NW 70th
Street" (Case No. 15-MI-04)
REMOVED FROM CONSENT AGENDA TO ITEM NO. 13 ON AGENDA
d. F_
— ISLAND CLUB APARTMENTST AMENDMENT TO : (TR1RND SEWER DEVELOPER'S AGREEMENT
0508) Executing a First Amendment to the
Water and Sewer Developer's Agreement with Turnpike Center Associates, for the
Island Club Apartments Project, located at Island Club Drive and NW 47th Terrace, to
provide for 12.6 ERC's for water and 12.6 ERC's for sewer and requiring the payment of
additional contribution charges in the amount of $40,320.00; authorizing and directing
the City Clerk to record said agreement in the Public Records of Broward County.
RESOLUTION NO. R2004-179
e. AWARDING RFP 04-14R "MEDICAL _ BILLING SERVICES" TO ADVANCED
DATA PROCESSING (ADP)._ (TR10498) Awarding RFP 04-14R, "Medical Billing
Services" and executing an agreement with Advanced Data Processing, Inc. to provide
administration, processing and collection of the costs of transporting EMS patients on
behalf of the City of Tamarac Fire Rescue Department.
RESOLUTION NO. R2004-180
f. WATER AND SEWER DEVELOPER'S AGREEMENT — TOSHIBA PROJECT:
(TR10496) Executing a Water and Sewer Developer's Agreement with Sunrise Box,
L.L.C., for the Toshiba Project, located at 6401 Nob Hill Road, requiring 7.5 ERC's for
water and 5 ERC's for sewer; requiring the payment of $19,500.00 in CIAC fees;
authorizing and directing the City Clerk to record said agreement in the public records of
Broward County.
RESOLUTION NO. R2004-181
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g. AMENDMENT TO AGREEMENT FOR LOBBYING SERVICES: (TR10499)
Executing Amendment ##2 to the agreement between the City of Tamarac and Ronald L.
Book, P.A. for lobbying services extending the agreement for an additional one (1) year
period.
RESOLUTION NO. R2004-182
h. SUBGRANT AGREEMENT - 2004.CITIZEN CORP/COMMUNITY, EMERGENCY
RESPONSE TEAM: (TR10509) Executing a Federally Funded Grant Agreement with
the State of Florida Department of Community Affairs, Division of Emergency
Management; accepting a subgrant award in the amount of $19,928 for the 2004 Citizen
Corps/Community Emergency Response Team Grant Program.
RESOLUTION NO. R2004-183
i. DEFAULT OF AGREEMENT— SHELTER ADS MANAGEMENT, INC.:
(TR10510) Terminating the existing agreement between the City of Tamarac and
Shelter Ads Management Inc., for the design, construction, installation and maintenance
of bus shelters; due to non-performance by Shelter Ads Management, Inc.
RESOLUTION NO. R2004-184
j. AGREEMENT HOUSEHOLD HAZARDOUS WASTE- COLLECTION:
(TR10511) Executing a Joint Participation Agreement with Broward County for
household hazardous waste collection events.
RESOLUTION NO. R2004-185
k. GRANT AWARD - TAMARAC PRESERVATION PARK: (TR10515) Accepting
a grant award in the amount of $1,597,120 from the Florida Communities Trust for
Tamarac Preservation Park (Kings Point Replat, Parcel R); authorizing the appropriate
city officials to execute a Grant Award Agreement and Grant Award Calculation
Statement between the City of Tamarac and the Florida Communities Trust; authorizing
the City Clerk to record said agreements in the public records of Broward County.
RESOLUTION NO. R2004-186
I. REJECTING ALL BIDS UNDER BID NO 04-19B - INSTALLATION OF
CURBING, --_GUTTER AND SIDEWALK: (TR10525) Rejecting all bids under Bid No. 04-
19B for the installation of type "D", type "F", and header curb, valley gutter, and
sidewalk.
RESOLUTION NO. R2004-187
M. USER FEES — PARKS AND RECREATION DEPARTMENT: (TR10512)
Establishing user fees for Parks and Recreation Department programs, services and
facilities at City parks and recreation facilities effective in Fiscal Year 2005.
TABLED TO SEPTEMBER 8, 2004 AT OR AFTER 7:00 P.M.
n. AUTHORIZING SIGNATURES FOR BANK ACCOUNTS: (TR10472) Authorizing
signatures for Bank Accounts at Wachovia Bank, National Association.
RESOLUTION NO. R2004-188
o. WATER AND _SEWER UTILITY EASEMENT — FAIRBANKS SAWGRASS
CHRYSLER JEEP DODGE: (TR10528) Executing a "Tamarac Water and Sewer Utility
Easement" with T.T. of Commercial, Inc., for the Fairbanks Sawgrass Chrysler Jeep
Dodge Project, located at 5901 Madison Avenue, to allow legal access by City Utility
Personnel for installing, maintaining, and operating the Water Distribution and Sewage
Collection System Improvements; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2004-189
END OF CONSENT AGENDA
August 25, 2004
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REGULAR AGENDA
ORDINANCES -_FIRST READINGS
7. AMENDING CHAPTER 2. OF THE TAMARAC CODE -- PROVIDING FOR
REMOVAL OF ALTERNATE MEMBERS OF BOARDS AND COMMITTEES DUE TO
ABSENTEEISM: (T02058) Motion to adopt Ordinance on first reading amending
Chapter 2 of the Tamarac Code, entitled "Administration," Article II, "City Commission",
Section 2-31, "Appointed boards, commissions, committees to elect chairman, vice
chairman; absenteeism of members; vacancies" providing for removal of alternate
members; providing for codification. City Attorney Kraft read Temporary Ordinance
2058, Revision #1, on first reading by title. Vice Mayor Sultanof seconded by
Commissioner Flansbaum-Talabisco moved approval. On roll call Vice Mayor Sultanof
voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes",
Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 25, 2004
8. AMENDING SECTION 24-811 OF THE TAMARAC CODE - WOODLANDS
OVERLAY DISTRICT: (T02054) Motion to adopt Ordinance on first reading amending
Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning*", Article X
entitled, "Woodlands Overlay Zoning District", Section 24-811(a)(c)(d)(i) Entitled,
"Nonconforming Uses and Structures." By amending and clarifying the effective date
from "(Month, Day and Year)" contained in Ordinance No. 0-2004-11 to "April 14, 2004"
(Case No. 18-Z-04); providing for codification. City Attorney Kraft read Temporary
Ordinance 2054 on first reading by title. Vice Mayor Sultanof seconded by
Commissioner Flansbaum-Talabisco moved approval. Commissioner Roberts asked
for input into the Temporary Ordinance and Community Development Director King
explained it is a housekeeping matter to include the effective date in the body of the
Ordinance. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes",
Commissioner Partner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor
Schreiber "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 25, 2004
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
9. 2004 LOCAL LAW ENFORCEMENT_ BLOCK GRANT` (TR10513) Motion to
approve Resolution authorizing the appropriate City officials to file an application
accepting 2004 grant funding in the amount of $9,903 from the U.S. Department of
Justice through the Local Law Enforcement Block Grant to enhance crime prevention
and law enforcement programs providing for a $1,100 cash match and a total project
cost of $11,003. City Attorney Kraft read Temporary Resolution 10513 by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval.
Commissioner Roberts asked BSO Chief Dugger to explain how the money would be
used. BSO Chief Dugger gave a presentation and said the money would be used for
overtime associated with special events. 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", Vice Mayor Sultanof "yes",
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Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion
carried.
RESOLUTION NO. R2004-190
ORDINANCE —SECOND READING
10. AMENDING CHAPTER 14 OF THE TAMARAC CODE — MOTOR VEHICLES
AND TRAFFIC: (T02053) Motion to adopt Ordinance on second reading amending
Tamarac Code, Chapter 14, "Motor Vehicles and Traffic", by creating Article IV,
"Commercial Vehicle Weight and Load Restrictions", in accordance with Chapter 316,
Florida Statutes, by providing regulations on wheel and axle load and vehicle weights
for certain vehicles operating on City Roadways; providing for enforcement, inspection,
penalties and appeal; providing for codification. City Attorney Kraft read Temporary
Ordinance 2053, Revision #3 on second reading by title. Commissioner Roberts
seconded by Vice Mayor Sultanof moved approval. Commissioner Portner questioned
the cost of the program and BSO Chief Dugger said there would be no cost to the City
as equipment would come out of funds from the Fines and Forfeitures account.
Additionally, 90% of fines collected would go to the City. Commissioner Portner
questioned how much money the fines would bring to the City at the end of the year and
BSO Chief Dugger said Deerfield Beach and Weston have their programs in place and
realized $90,000 - $105,000 in fines. Commissioner Portner questioned the ability to
collect fines from out of state vehicles, and BSO Chief Dugger said fines could be paid
via credit card, which the deputies are equipped to handle, and necessary action is
planned to make sure we collect all that we are able. Vice Mayor Sultanof questioned
intra-state agreements, and BSO Chief Dugger explained that while he is not aware of
local agreements vehicles would not be allowed to continue on their way unless
violations are corrected. Mayor Schreiber opened the public hearing and with no one
wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted
"yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner
Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2004-20
QUASI-JUDICIAL HEARINGS
11. AMENDING PRIOR ZONING — PORTION OF PARCEL "P" OF THE "LYONS
INDUSTRIAL PARK" PLAT: (T02057) Motion to adopt Ordinance on first reading
amending prior zoning of certain real estate property (aka: Lyons Industrial Park Plat)
from R-3 (Low -Density Multi -Family Residential District) to S-1 (Recreational District),
lands commonly known as a portion of Parcel "P" of the "Lyons Industrial Park" Plat,
according to the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records
of Broward County, Florida, generally located north of NW 57th Street, east of NW 941h
Avenue @ the east end of NW 58th Street (Case No. 17-Z-04); providing for amendment
of the official zoning map to reflect such change. City Attorney Kraft read Temporary
Ordinance 2057 on first reading by title. Commissioner Roberts seconded by Vice
Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial
procedures and on behalf of the City waived the quasi-judicial rights. Community
Development Director King gave a presentation and Vice Mayor Sultanof asked how the
construction and traffic would be monitored due to the close proximity to the school.
August 25, 2004
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Vice Mayor Sultanof suggested proper flagging. Community Development Director King
explained that Public Works would do the project management and the parcel west of
the site, the Cummings parcel that the City has just acquired, would be used as a
staging area. Mayor Schreiber opened the public hearing and with no one wishing to
speak, closed the public hearing. On roll call Commissioner Portner voted "yes",
Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 25, 2004
12. REVISED _ DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN —
VETERAN'S MEMORIAL PARK: (TR10503) Motion to approve Resolution issuing
Revised Development Order No. 322.1 and granting Major Revised Site Plan approval
for Veteran's Memorial Park to allow the redesign of the parking area to provide an
additional thirteen (13) oversized (10' x 45') parking spaces to accommodate vehicles
with boat trailers, additional striping, signage and the re-routing of an existing sidewalk
on the south side of the property, located at the northwest corner of Southgate
Boulevard and University Drive, specifically a portion of a parcel of land described in
Official Plat Book 1, Page 102 of the Public Records of Palm Beach County, that lies
within the "Fort Lauderdale Truck Farms Subdivision" of Section 4, Township 49 South,
Range 41, and Section 33, Township 48 South, Range 41 East, as recorded in Plat
Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 23-SP-
04); providing for conditions of approval. City Attorney Kraft read Temporary Resolution
10503 by title. Commissioner Portner seconded by Commissioner Flansbaum-
Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures,
and on behalf of the City, City Attorney Kraft waived the quasi-judicial rights.
Community Development Director King gave a presentation. Vice Mayor Sultanof
questioned encroachment of regular parking spaces by those coming to the park with
boats. Community Development Director King explained the configuration of the
parking. Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. On roll call Commissioner Roberts voted "yes", Vice Mayor
Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes",
and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2004-191
END OF QUASI-JUDICIAL HEARINGS
13. REQUEST FO_R RENAMING OF STREET: (TR10500) Approving the "Request
for Renaming of Street" requested by the Woodmont Property Owners Association for
the inclusion of the name, "Charles Seville Street", to the existing numbered, "NW 70th
Street" (Case No. 15-MI-04). REMOVED FROM CONSENT AGENDA TO ITEM NO. 13
ON AGENDA. City Attorney Kraft read Temporary Resolution 10500 by title.
Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved
approval. Mayor Schreiber opened the public hearing. Burton Schneider, 8016 NW 72
Street, Tamarac, FL commended the City on actions taken to go the extra yard to
rename the street in commemoration of a special individual. Commissioner Roberts
asked how long before the new signs are placed on the street and Community
Development Director King said when this Resolution is signed he will notify Broward
County Traffic Engineering Department and they will move as quickly as possible.
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There being no one else wishing to speak, Mayor Schreiber closed the public hearing.
On roll call Vice Mayor Sultanof voted "yes", Commissioner Portner "yes",
Commissioner Flansbaum-Talabisco "yes", Commissioner Roberts "yes", and Mayor
Schreiber "yes". Motion carried.
RESOLUTION NO. R2004-192
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 10:10 a.m.
MARION SWENSON, CMC
CITY CLERK
L
JOE SCHREIBER, MAYOR
August 25, 2004
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