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HomeMy WebLinkAbout2002-08-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, AUGUST 28, 2002 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. on August 28, 2002, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, Commissioner Gertrude Mishkin and Commissioner Marc L. Sultanof. ABSENT AND EXCUSED FOR CAUSE: Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber, the Commission, and City Manager Miller of employee service awards: Mauro Burgio, Assistant City Engineer, 5 years; June White, Information and Resource Coordinator, 5 years; Douglas Ritchie, Public Works Superintendent, 10 years; Rodney Sims, Transmission Supervisor, 10 years. b. Presentation by Mayor Schreiber of a proclamation proclaiming the week of August 26-September 2, 2002 as "Firefighter Appreciation Week", Randy Correll, Fire Department and Melissa Ward, Muscular Dystrophy Association accepted. Mr. Correll expressed appreciation and noted fire fighters have raised approximately $200 million for MDA over the last 45 years. c. Presentation by Mayor Schreiber of a proclamation commending the Tamarac Building Department. Interim Building Department Director McIntyre accepted. d. Presentation by Mayor Schreiber of a proclamation proclaiming September 2002 as National Prostate Cancer Month. Director of Human Resources Swanson accepted. e. Presentation by Linda Davidson, Director, City of Boca Raton Office of Management & Budget, of the Government Finance Officers Association Distinguished Budget Presentation Award which has been presented to the City for the fiscal year beginning October 1, 2001. Management and Budget Officer Sammartino accepted, and recognized Management and Budget Analysts Wadsworth and Gresek. f. Presentation by CERT Team Member Lewis Horn of an $800.00 check from American Express Foundation to the Tamarac CERT Program. Mayor Schreiber and Chief Budzinski accepted. Mayor Schreiber presented a certificate of appreciation to Mr. Horn and expressed thanks. Mr. Horn thanked Chief Budzinski and Public Education Specialist Schoen for their efforts on behalf of the CERT program. August 28, 2002 1 2. PUBLIC PARTICIPATION: Norman Krameisen, 7889 Granville Dr., Tamarac, spoke about seagrass growth in the canal surrounding the King's Point community of Granville, west of Nob Hill Road, and submitted a petition in support of restoration of the canal. Mayor Schreiber said this is a problem throughout the city that has been addressed by the securing of a machine to cut the growth. Cuttings going into the canals from lawn companies contribute to the problem and residents need to tell landscapers to bag the cuttings. Odiel Feyers, 7421 NW 701h Avenue, Tamarac, spoke about speeding on 70t" Avenue and "no thru trucks" signage on University Dr. approaching 80th Street and on 70th Avenue approaching McNab. Mayor Schreiber said this would be discussed. Carl Alper, 8208 NW 915t Avenue, spoke about enforcement of stipulations tied to Tamarac Town Square regarding the canal area along Southgate Boulevard to 81 st Avenue. Mayor Schreiber asked City Manager Miller take the appropriate measures to enforce compliance. PFPOPT.R 3. City Commission: Vice Mayor Portner welcomed everyone back from break and thanked Human Resources Director Swanson regarding the prostate cancer proclamation. Vice Mayor Portner said he is a prostate cancer survivor and encouraged the PSA test be taken by men over 50 years old. Vice Mayor Portner noted he celebrated his 77th birthday on Tuesday. Commissioner Sultanof congratulated Vice Mayor Portner on his birthday and thanked City Manager Miller, City Attorney Kraft and staff for moving forward with the Strategic Plan. Tamarac is fortunate; we are the best city in Broward County and the content of the Strategic Plan is extraordinary. Commissioner Mishkin expressed birthday congratulations to Vice Mayor Portner and said Tamarac is the best city in Florida; staff has gone out of their way to make the Commission's job look easy. Commissioner Mishkin thanked City Manager Miller, City Attorney Kraft, the Commissioners and Mayor for keeping the city at the top. Mayor Schreiber expressed thanks and congratulations to everyone, and said Tamarac is doing very well and has great programs planned. The city is giving back to the residents for all they contribute to the city; Tamarac has become the best city in Broward County and we are proud. Mayor Schreiber said he attended a meeting last week regarding the Sawgrass Expressway expansion and is pleased to report barriers will be erected along residential areas to address sight and sound concerns. 4. City Attorney: City Attorney Kraft had no report. 5. City Manager: City Manager Miller reported the city has received a $15,000 grant from Broward County for architectural and design work to a park on Southgate Blvd. BSO will sponsor bicycle registrations at Challenger Elementary and Millennium Middle Schools during the first week of September. City Manager Miller said the Fire Department will participate in the Freedom Day event to be held at Lockhart Stadium, and there will be a moment of silence and ceremony at both fire stations in Tamarac in recognition of the September 11th event. August 28, 2002 2 CONSENT AGENDA 6. Commissioner Sultanof seconded by Commissioner Mishkin moved approval of all items on the consent agenda. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the July 10, 2002 Regular Commission meeting. APPROVED b. BILL OF SALE ABSOLUTE - MCNAB BUSINESS PARK: (TR9857) Accepting a Bill of Sale Absolute from Industrial Development Co. of America, L.L.L.P., for the Water Distribution and Sewage Collection System Improvements installed for the McNab Business Park Project, located at 10300 — 10428 West McNab Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2002-216 C. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT — ANDREW T. MEDDERS: (TR9862) Executing a Utility Easement Encroachment and Hold Harmless Agreement with Andrew T. Medders for landscaping to be placed within utility easements located at 9417 NW 72 Court, Tamarac, FL 33321; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2002-217 d. AGREEMENT - STREET LIGHT MAINTENANCE: (TR9830) Authorizing the removal of six (6) existing street lights along Pine Island Road from Commercial Boulevard north approximately one thousand six hundred (1,600) feet; authorizing the installation of eleven (11) street lights in the same location by Broward County; authorizing the appropriate City Officials to enter into an agreement with Broward County assigning maintenance of said street lights to the City of Tamarac. RESOLUTION NO. R2002-218 e. AGREEMENT WITH ARBOR CARE FOR TREE MANAGEMENT SERVICES: (TR9847) Executing an agreement with Environmental Services, Inc., d/b/a Arbor Care for providing tree management services at the City of Tamarac Water Treatment Plant utilizing Cooper City's Bid #96-8 effective through September 30, 2002; authorizing an expenditure of funds in an amount not to exceed $30,571. RESOLUTION NO. R2002-219 f. ASSESSMENT ROLL - NORTH SECTION 7: (TR9864) Approving an assessment roll for the North Section 7 Assessment Area, establishing the lien associated therewith; directing that the assessment rolls be certified to the Broward County Tax Collector. RESOLUTION NO. R2002-220 g. SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE - PURCHASE OF ST. AUGUSTINE/FLORITAM SOD: (TR9845) Utilizing the Broward Community College contract Number 200-001 issued on behalf of the Southeast August 28, 2002 3 Florida Governmental Purchasing Cooperative; authorizing the purchase of St. Augustine/Floritam sod in an amount not to exceed $90,000; authorizing budget transfers required for proper accounting procedures. RESOLUTION NO. R2002-221 h. QUIT CLAIM DEED — BROWARD COUNTY: (TR9859) Accepting a Quit Claim Deed from Broward County, Florida, of county -owned property, located in Tamarac, Florida, acquired by the county by virtue of the property being delinquent ad valorem tax payments lands. RESOLUTION NO. R2002-222 i. BROWARD COUNTY EMS GRANT PROGRAM: (TR9866) Seeking grant funding from the Broward EMS County Grant Program in the amount of $9,534 to increase existing levels of emergency medial services through the acquisition of additional safety training equipment and materials. RESOLUTION NO. R2002-223 j. STATE OF FLORIDA DIVISION OF CULTURAL AFFAIRS CHALLENGE GRANT: (TR9867) Seeking grant funding from the State of Florida Cultural Affairs Challenge Grant Program in the amount of $10,000 with a city match of $10,000 to provide a series of cultural program presentations at the Tamarac Community Center. RESOLUTION NO. R2002-224 k. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES — HEALTHY VISION 2010 GRANT: (TR9868) Seeking grant funding from the U.S. Department of Health and Human Services in the amount of $10,000 to sponsor vision -related health programs at the Tamarac Community Center. RESOLUTION NO. R2002-225 I. PERFORMANCE BOND RELEASE - MCNAB ROAD PARK PROPERTY: (TR9875) Releasing a Public Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit #3035851 in the amount of $22,300,00 for the clearing and grubbing of the McNab Road Park property located at the western end of McNab Road, east of the Sawgrass Expressway; authorizing the appropriate City Officials to waive the requirement for the receipt of a one-year warranty bond; authorizing the City Clerk to release Irrevocable Standby Letter of Credit #3035851. RESOLUTION NO. R2002-226 M. SUPPLEMENTAL AGREEMENT - FIRST UNION NATIONAL BANK: (TR9870) Executing a supplemental agreement to the existing agreement between the City of Tamarac and First Union National Bank as authorized by City of Tamarac Resolution 2001-289, for First Connect® AssetVision Services. RESOLUTION NO. R2002-227 END OF CONSENT AGENDA REGULAR AGENDA 7. TAMARAC STORMWATER MANAGEMENT FEES: (TR9854) Motion to approve Resolution modifying the fees applicable to the Tamarac Stormwater Management Utility as established. City Attorney Kraft read Temporary Resolution 9854, revision #1, by title. Commissioner Sultanof seconded by Vice Mayor Portner moved approval. On roll call Commissioner Sultanof voted "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. August 28, 2002 4 RESOLUTION NO. R2002-228 ORDINANCES — FIRST READINGS 8. AMENDING CHAPTER 2 OF THE TAMARAC CODE — CHANGING THE NAME OF THE AMBULANCE COMMITTEE TO EMERGENCY MEDICAL SERVICES (EMS) COMMITTEE: (TO1966) Motion to adopt Ordinance on first reading amending Chapter 2, Division 10, of the Tamarac Code, entitled "Ambulance Committee", changing the name to "Emergency Medical Services (EMS) Committee"; updating current City code; providing for codification. City Attorney Kraft read Temporary Ordinance 1966 on first reading by title. Commissioner Sultanof seconded by Vice Mayor Partner moved approval. On roll call Commissioner Sultanof voted "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING 9. AMENDING CHAPTER 16 OF THE TAMARAC CODE - "PENSIONS AND RETIREMENT": (TO1975) Motion to adopt Ordinance on first reading amending Chapter 16, entitled "Pensions and Retirement", Article VII, entitled "Police Officers - Declaration of Trust", Division 2, entitled "Board of Trustees", amending Section 16-571, entitled "Members" to provide for the establishment of guidelines for selecting trustees when active participants are unavailable pursuant to text amendments of Chapter 185, Subsection 185.05(1) of the Florida Statutes; providing for codification. City Attorney Kraft read Temporary Ordinance 1975 on first reading by title. Vice Mayor Portner seconded by Commissioner Sultanof moved approval. On roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER QUASI-JUDICIAL HEARINGS 10. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — DEPENDABLE MEDICAL SUPPLY: (TR9823) Motion to approve Resolution issuing Revised Development Order No. 300.1 and granting New Development Site Plan approval to Dependable Medical Supply to allow the construction of an 11,024 square foot building with associated parking, landscaping and infrastructure improvements, located at the north side of Commercial Boulevard, west of University Drive, specifically Tract "A" of the "Fagerstrom Plat", according to the Plat thereof as recorded in Plat Book 164, Page 46 of the Public Records of Broward County, Florida (Case No. 5-SP-01); providing for conditions of approval. TABLED AT THE JULY 10, 2002 CITY COMMISSION MEETING City Attorney Kraft read Temporary Resolution 9823 by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Bonnie Miskal waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Commissioner Sultanof questioned the specific changes proposed, in particular if there would be an exit onto Commercial Blvd. Architect Charles Michelson responded there will be ingress/egress on Commercial Blvd. and access from 57th Street. Commissioner August 28, 2002 5 Sultanof asked about prescription drugs and security measures. Mr. Michelson explained drugs and ancillary items will be dispensed, and security precautions incorporated into the project. Vice Mayor Portner questioned the number of employees and hours of operation. Mr. Michelson responded there will be between 5-8 employees and business hours of 8:00 a.m. to 5:00 p.m. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-229 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS 11. WATER AND SEWER DEVELOPER'S AGREEMENT — DEPENDABLE MEDICAL SUPPLIES: (TR9846) Motion to approve Resolution executing a Water and Sewer Developer's Agreement with J. Ruskin Holdings, Inc., for the Dependable Medical Supplies Project, located on the north side of Commercial Boulevard between NW 791h Avenue and University Drive for two non-residential water and sewer building connections requiring 5 ERC's for water and 3.5 ERC's for sewer; requiring the payment of $13,300.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. City Attorney Kraft read Temporary Resolution 9846 by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-230 There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 9:50 a.m. } E SCHREIBER, MAYOR MARION SWENSON, CMC CITY CLERK August 28, 2002 6 1 l