HomeMy WebLinkAbout2005-09-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY SEPTEMBER 28, 2005
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 a.m. on Wednesday, September 28, 2005 in Chambers at Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, Interim Assistant City Attorney D.J.
Doody, and Assistant City Clerk Tom Schneider.
Vice Mayor Beth Flansbaum-Talabisco led the pledge of allegiance
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a check in the amount of $200,000 by Senator Skip Campbell
and Representatives Ron Greenstein and Ari Porth to the City of Tamarac, said check
representing grant funds from the Florida Recreation Development Assistance Program
(FRDAP) for the Caporella Aquatics Complex. Mayor Schreiber and the
Commissioners accepted. Rep. Greenstein said he, along with Sen. Campbell and
Rep. Porth have ensured funding of this program for the last 6 years. There are two
other FRDAP applications on today's agenda and Tamarac's representatives will make
sure they are fully funded. Sen. Campbell said this shows Tamarac is proactive, and
Rep. Porth complimented the city and said the pool will be used for all ages; Tamarac is
a city with a heart. Mayor Schreiber said he appreciates the efforts of our
representatives.
b. Presentation by Mayor Schreiber of a proclamation recognizing October 1 St as
the commemoration of Broward County's 90th Birthday. Broward County Vice Mayor
Ben Graber accepted the proclamation.
REPORTS
2. City Commission: Mayor Schreiber said he feels Tamarac is very blessed to
have such good state representatives who help us in many areas; Tamarac is doing
very well. Mayor Schreiber added the Jewish holiday is coming up next week and
wished everyone a healthy and happy holiday.
Commissioner Sultanof said our state representatives are notified by our lobbyist and
especially thanked Assistant City Manager Phillips for her efforts. Commissioner
Sultanof said with the holiday coming he wishes everyone on both sides of the aisle
well; when we celebrate ours, we celebrate yours.
September 28, 2005
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Vice Mayor Flansbaum-Talabisco said all the holidays are celebrated at her house, and
she and husband Jack wish everyone a happy new year. Vice Mayor Flansbaum-
Talabisco said by 9:10 a.m. today, Tamarac made $200,000 and thanked our state
representatives and Assistant City Manager Phillips. Vice Mayor Flansbaum-Talabisco
said she serves on the library board and spoke about the question of a satellite library to
complement the new library. Vice Mayor Flansbaum-Talabisco said from discussions
with the county, state and grant people she believes we can bring a satellite library to
Tamarac.
Commissioner Portner requested City Manager Miller place an item on a future agenda
regarding Rep. Greenstein and a check coming from the Resource Recovery Board.
Commissioner Portner wished everyone a happy holiday season.
Commissioner Roberts wished everyone happy holidays and, as a point of personal
privilege, noted her daughter has finally become a Tamarac taxpayer.
3. City Attorney: Interim Assistant City Attorney Doody said a memorandum had
been provided to the Mayor and Commission regarding a decision by the Florida
Supreme Court relating to contract negotiations between cities and private business.
Cities are now liable for indemnification and are no longer covered under sovereign
immunity. Interim Assistant City Attorney Doody said members of the Goren law firm
will work closely with the City Manager and staff on future contracts in light of this
decision.
4. City Manager: City Manager Miller reported a ribbon cutting ceremony will be
held for Tamarac Commons Park on Monday, October 3"d at 10:00 a.m., with light
refreshments following the ceremony. The public is invited and shuttles will run from
City Hall to the park beginning at 9:30 a.m. Barney and Worth, consultants, were
selected to complete a public art master plan for Tamarac by December 2005. The plan
will provide a framework, policies and procedures for the implementation of Tamarac's
public arts program. Tamarac Fire Rescue will host a FEMA training program for
incident managers on September 14, 21 and 28; the class has attracted participants
from throughout the area and various city departments will be represented. On
September 22"d, approximately 100 people attended the Social Security
Administration's seminar on the new Medicare Plan D at the Community Center. There
were approximately 250 people attending the Back -to -School event on September 17th
and about 250 attendees at the 0and 5th Grade dance on September 23rd; both events
were held at the Multi -Purpose Center. The Alzheimer's 101 lecture will take place on
October 11th at 11:00 a.m. at the Community Center and the public is invited to a free
seminar sponsored by Walgreen's on "Communicating Prescription Needs to your
Doctors" at the Community Center on October 20th at 10:00 a.m. The "We Can!" parent
curriculum, a new program from the National Institutes of Health, will be held on
Wednesdays, October 19th, 26th, and November 2"d. The program addresses the
growing obesity epidemic among youth ages 8-13 and reaches parents and caregivers
with educational materials and activities including proper nutrition, label reading and
fitness tips. The Utilities Department completed the mandated lead and copper testing
program for 2005 and was in compliance; because of the excellent results, the testing
will not be repeated for 3 years.
September 28, 2005
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Mayor Schreiber acknowledged the arrival of Broward County Vice Mayor Ben Graber
and asked him to say a few words. Broward County Vice Mayor Graber said the county
approved its budget last night and he thanked the Mayor and Commission for the
proclamation commemorating Broward County's 90th birthday. Broward County Vice
Mayor Graber distributed buttons and ribbons to the Mayor and Commissioners and the
audience marking the occasion. Broward County Vice Mayor Graber said Tamarac is a
great city; there are county monies still available for park related projects and the Mayor
and Commission should let him know what needs they may have.
5. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 70 Avenue, questioned the
progress being made to stop speeders on 70th Avenue. City Manager Miller said the
engineering study for 70th Avenue was just completed and we are ready to go out to bid;
construction should start by the end of the year. Public Works Director Strain added the
project will go out to bid in the next 2 or 3 weeks and explained the time period needed
for contractors.
CONSENT AGENDA
6. Commissioner Roberts asked to have item 6(n) pulled from the consent agenda
for discussion.
Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval
of all items on the consent agenda with the exception of item 6(n) which was pulled for
discussion. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-
Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and
Commissioner Portner "yes". Motion carried.
a. APPROVE the minutes of the September 14, 2005 Special City Commission
meeting.
APPROVED
b. APPROVE the minutes of the September 14, 2005 Regular City Commission
meeting.
APPROVED
C. APPROVE the minutes of the September 21, 2005 Special City Commission
meeting.
APPROVED
d. BSO PERMIT APPLICATION — SPECIAL DETAILS FOR POLICE SERVICES:
(TR10772) 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 $70,758 in FY 06; approving funding from the appropriate Parks and Recreation
accounts.
RESOLUTION NO. R2005-177
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September 28, 2005
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e. TAMARAC WATER AND SEWER UTILITY EASEMENT — SUN -SENTINEL
PROJECT: (TR10800) Executing a "Tamarac Water and Sewer Utility Easement" with
NB Tamarac Commerce Center, L.L.C., for the Sun -Sentinel Project, located at 6501
Nob Hill Road, 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. R2005-178
f. BILL OF SALE ABSOLUTE — NB TAMARAC COMMERCE CENTER L.L.C.:
(TR10802) Accepting a Bill of Sale Absolute from NB Tamarac Commerce Center,
L.L.C., for the Water Distribution and Sewage Collection System Improvements installed
for the Sun -Sentinel Project, located at 6501 Nob Hill Road, for City ownership;
authorizing and directing the City Clerk to record said document in the public records of
Broward County.
RESOLUTION NO. R2005-179
g. PURCHASING MEDICAL SUPPLIES AND FIREFIGHTING SUPPLIES:
(TR10803) Purchasing medical supplies and firefighting supplies from Broward County
Sheriffs Office, Fire Rescue Division Logistics Warehouse during FY06, in an amount
not to exceed One Hundred Eight Thousand ($108,000.00) Dollars; authorizing the
appropriate city officials to execute a liability waiver for the purchases.
RESOLUTION NO. R2005-180
h. AMENDMENT TO INTERLOCAL AGREEMENT FOR BROWARD COUNTY
METROPOLITAN PLANNING ORGANIZATION: (TR10804) Executing the second
amendment to the Interlocal Agreement for the creation and continuation of the Broward
County Metropolitan Planning Organization (BCMPO).
RESOLUTION NO. R2005-181
i. SALE OF ALCOHOLIC BEVERAGES — SAINT MALACHY CATHOLIC
CHURCH: (TR10814) Approving the sale of alcoholic beverages for Saint Malachy
Catholic Church during the operation of the Saint Malachy Catholic Church Annual
Carnival beginning Thursday, October 20, 2005 and ending Sunday, October 23, 2005
(Case No. 14-MI-05); providing for conditions of approval.
RESOLUTION NO. R2005-182
j. APPOINTING VOTING DELEGATE AND ALTERNATE VOTING DELEGATE
TO THE NATIONAL LEAGUE OF CITIES' ANNUAL BUSINESS MEETING AT THE
CONGRESS OF CITIES IN CHARLOTTE. NORTH_CAROLINA: (TR10813) Appointing
a Voting Delegate and Alternate Voting Delegate to the National League of Cities'
Annual Business Meeting at the Congress of Cities in Charlotte, North Carolina;
directing the City Clerk to send a copy of this Resolution to the National League of
Cities.
RESOLUTION NO. R2005-183
k. RENEWAL OF AGREEMENT BETWEEN CITY OF TAMARAC AND MITCHELL
CEASAR — LOBBYING SERVICES: (TR10805) Executing Amendment #4 to the
agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying
services extending the agreement for an additional one (1) year period at a cost of
$34,000 per year.
RESOLUTION NO. R2005-184
September 28, 2005
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I. GRANT APPLICATION AND AGREEMENT — ADDITIONAL FACILITIES AT
TAMARAC SPORTS COMPLEX: (TR10809) Submitting an application to the Florida
Department of Environmental Protection for Florida Development Assistance Program
(FRDAP) Grant Funds for the expansion of the Tamarac Sports Complex in the amount
of $200,000 providing for a cash match of $200,000 in the event of approval of the
application; providing for acceptance of the award and execution of documents upon
approval.
RESOLUTION NO. R2005-185
M. GRANT APPLICATION AND AGREEMENT — FACILITIES AT SOUTHGATE
LINEAR PARK: (TR10810) Submitting an application to the Florida Department of
Environmental Protection for Florida Development Assistance Program (FRDAP) Grant
Funds for the Southgate Linear Park Phase 1 B project in the amount of $200,000
providing for a match of $200,000 in city funds and prior grant funding in the event of
approval of the application; providing for acceptance of the award and execution of
documents upon approval.
RESOLUTION NO. R2005-186
n. SUSPENDING GAS TAX: (TR10806) Requesting a suspension of the State
Gasoline Tax; directing city administration to transmit a certified copy of this Resolution
to the Governor, Florida Senate President, Speaker of the Florida House of
Representatives, the City's State Legislative Representatives, the Broward League of
Cities, the Florida League of Cities and any other interested parties.
PULLED FROM THE CONSENT AGENDA FOR DISCUSSION
6(n) SUSPENDING GAS TAX: (TR10806) Requesting a suspension of the State
Gasoline Tax; directing city administration to transmit a certified copy of this Resolution
to the Governor, Florida Senate President, Speaker of the Florida House of
Representatives, the City's State Legislative Representatives, the Broward League of
Cities, the Florida League of Cities and any other interested parties. Commissioner
Roberts said she supports the 60 day suspension period but would like to amend the 34
cents per gallon suspension to 30 cents per gallon. Commissioner Roberts said if the
total tax amount is suspended the county bus system could be put in jeopardy and
funding to cities could be cut. Commissioner Sultanof said according to the newspaper,
the county seems to have gotten a boost and should be able to disperse monies to
cities. Commissioner Portner said he brought this item forward when gas prices were
rising and he still supports a full rebate. Gas prices have decreased recently but are still
very expensive; the people in Tamarac could use a break and a message should be
sent to the Governor. Interim Assistant City Attorney Doody read Temporary Resolution
10806, Revision 1, by title. Commissioner Sultanof seconded by Vice Mayor
Flansbaum-Talabisco moved approval. On roll call Commissioner Portner voted "yes",
Commissioner Roberts "no", Mayor Schreiber "yes", Vice Mayor Flansbaum-Talabisco
"yes", and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2005-187
END OF CONSENT AGENDA
September 28, 2005
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REGULAR AGENDA
ORDINANCES — FIRST READINGS
7. THERE WERE NO ORDINANCES SCHEDULED FOR FIRST READING.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
8. AMENDING LOCAL HOUSING ASSISTANCE PLAN FOR THE YEARS 2001-
2004E (TR10798) Motion to approve Resolution approving the amendment of the Local
Housing Assistance Plan (LHAP) for the program years 2001-2002, 2002-2003 and
2003-2004 to be submitted as a required component of the State Housing Initiatives
Partnership (SHIP) Act Grant Program; providing for certification of consistency with the
City's Comprehensive Plan (Case No. 12-MI-05); providing for expenditures for
administration of the program. Interim Assistant City Attorney Doody read Temporary
Resolution 10798 by title. Commissioner Roberts seconded by Commissioner Sultanof
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", Commissioner Portner "yes", Vice Mayor Flansbaum-
Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2005-188
9. AMENDING LOCAL HOUSING ASSISTANCE PLAN FOR THE YEARS 2004-
2007: (TR10799) Motion to approve Resolution approving the amendment of the Local
Housing Assistance Plan (LHAP) and Delivery Goals Chart for the program years 2004-
2005, 2005-2006 and 2006-2007 to be submitted as a required component of the State
Housing Initiatives Partnership (SHIP) Act Grant Program; providing for certification of
consistency with the City's Comprehensive Plan; Case No. 13-MI-05; providing for
expenditures for administration of the program. Interim Assistant City Attorney Doody
read Temporary Resolution 10799 by title. Commissioner Roberts seconded by Vice
Mayor Flansbaum-Talabisco moved approval. 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", Commissioner Sultanof "yes",
Commissioner Portner "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion
carried.
RESOLUTION NO. R2005-189
ORDINANCE — SECOND READING
10. AMENDING CHAPTER 20 OF THE TAMARAC CODE — "STREETS AND
SIDEWALKS": (TO2096) Motion to adopt Ordinance on second reading amending
Chapter 20 of the City Code of Ordinances, entitled "Streets and Sidewalks," to provide
that the responsibility for repairing sidewalks in public rights -of -way shall be shifted from
the abutting property owner to the City, except where the repair is required due to the
fault of the owner; specifically amending Sections 20-81, 20-83, 20-85, 20-89, and 20-
90 of the City Code of Ordinances to effectuate this change; further deleting Sections
20-86 and 20-87 of the City Code of Ordinances in their entirety; abating the
implementation of the provisions of this Ordinance to provide an opportunity to mitigate
damage by abutting property owners and repair of sidewalks by the City; refunding
September 28, 2005
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repair costs to certain property owners; abating certain liens imposed upon property for
fines issued to property owners for their failure to maintain sidewalks abutting their
property; providing for codification. Interim Assistant City Attorney Doody read
Temporary Ordinance 2096 on second reading by title. Commissioner Roberts
seconded by Vice Mayor Flansbaum-Talabisco moved approval. Commissioner Portner
questioned the grace period and City Manager Miller said it is 120 days. Commissioner
Roberts said the backup indicates during the Commission workshop, staff was directed
to make revisions regarding issuance of refunds and one-time repair, and she asked
where these changes are in the Ordinance. City Manager Miller said the issue was how
far back to go and the feelings of the attorneys and staff was that staff would handle it
administratively. The city will refund the cost of repairs made back to January 1, 2005 if
the property owner has a bona fide building permit. Public Works Director Strain
explained the city will fix all existing sidewalks in need of repair one time; if damage is
caused by a tree root, the property owner will need to mitigate the problem.
Commissioner Sultanof confirmed homeowners are also given relief by the removal of
liens and violation notices, and will be responsible for damage to driveway crossings
caused by vans and SUVs. Public Works Director Strain said damaged sidewalks will
be assessed on a case by case basis. Vice Mayor Flansbaum-Talabisco noted
Commission discussion specifically focused on roots and remembers saying she didn't
like the term "one-time repair". Mayor Schreiber opened the public hearing and with no
one wishing to speak, closed the public hearing. On roll call Vice Mayor Flansbaum-
Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes",
Commissioner Sultanof "yes" and Commissioner Roberts "yes". Motion carried.
APPROVED ON FIRST READING SEPTEMBER 14, 2005
ORDINANCE NO.0-2005-21
(QUASI-JUDICIAL HEARINGS
11. AMENDING PRIOR ZONING -- PARCEL "R" OF THE "KINGS POINT
REPLAT", A/K/A KINGS_ POINT ROCKFORD PARCEL: (T02094) Motion to adopt
Ordinance on second reading amending prior zoning of certain real estate property
Rockford Parcel (a/k/a: Kings Point Rockford Parcel) from R-3 (Low -Density Multi -
Family Residential District) to S-1 (Recreational District), lands commonly known as
Parcel "R" of the "Kings Point Replat", according to the Plat thereof as recorded in Plat
Book 156, Page 13 of the Public Records of Broward County, Florida, located northeast
of the Tamarac Sports Complex at the northeast intersection of Nob Hill Road and NW
77t" Street (Case No. 17-Z-05); providing for amendment of the official zoning map to
reflect such change. Interim Assistant City Attorney Doody read Temporary Ordinance
2094 on second reading by title. Commissioner Portner seconded by Vice Mayor
Flansbaum-Talabisco moved approval. Community Development Director King gave a
presentation. 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", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber
"yes", and Commissioner Sultanof "yes". Motion carried.
APPROVED ON FIRST READING SEPTEMBER 14, 2005
ORDINANCE NO.0-2005-22
September 28, 2005
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12. REZONING — APPROXIMATE 127.32 ACRE NW 57T" STREET CORRIDOR:
(TO2097) Motion to adopt ordinance on first reading approving the rezoning
application initiated by the City of Tamarac providing for rezoning from B-1
(Neighborhood Business District), B-2 (Planned Community Business District), B-3
(General Business District), B-6 (Business District) and 1-1 (Institutional District) to MXD
(Mixed Use District) pertaining to the approximate 127.32 acre NW 57th Street Corridor,
more particularly described by Exhibit "A" and generally located west of North University
Drive, east of NW 94t" Avenue, north of Commercial Boulevard (Case No. 19-Z-05);
providing for amendment of the official zoning map to reflect such change. Interim
Assistant City Attorney Doody read Temporary Ordinance 2097 on first reading by title.
Commissioner Portner seconded by Commissioner Sultanof moved approval.
Community Development Director King gave a presentation. 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 Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion
carried.
APPROVED ON FIRST READING SEPTEMBER 28, 2005
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS T
There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the regular meeting of the city commission at 9:50 a.m.
TOM SCHNEIDER
ASSISTANT CITY CLERK
;;1 E SCHREIBER, MAYOR
September 28, 2005
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