HomeMy WebLinkAbout2003-11-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY NOVEMBER 12, 2003
TAMARAC COMMUNITY CENTER
8601 W. COMMERCIAL BOULEVARD
TAMARAC, FL 33321
CALL TO ORDER_ Mayor Schreiber called the regular City Commission meeting to
order at 7:00 P.M. on November 12, 2003, at the Tamarac Community Center, 8601 W.
Commercial Boulevard, Tamarac, FL 33321.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L.
Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Commissioner Beth Flansbaum-Talabisco led the pledge
of allegiance.
INTRODUCTION
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation to the Northwest Broward Honorary United Way Chairperson Mr,
Bill Keith of Keith & Associates, of a check in the amount of $12,039.20 to United Way,
said monies contributed by employees of the City of Tamarac for the United Way
campaign. Mayor Schreiber and City Manager Miller presented the check. City
Manager Miller said City staff, the Mayor and Commissioners came together and made
the campaign a success and he is thrilled to make this presentation. The $10,000 goal
was surpassed and participation increased by 26%. Mr. Keith said the Tamarac
community stepped up early on and he expressed thanks to everyone.
2. City Commission: Mayor Schreiber spoke about his recent trip to China and
recommended others visit the country.
Commissioner Portner had no report.
Vice Mayor Roberts thanked everyone who helped with the Veteran's Day parade and
thanked everyone for coming to tonight's meeting.
Commissioner Sultanof said the Veteran's Day parade was outstanding; it is a tribute to
the men and women who served our country. Commissioner Sultanof thanked Parks
and Recreation Director Margoles and staff for an outstanding job.
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Commissioner Flansbaum-Talabisco welcomed all the new faces at tonight's meeting,
in particular the Boy Scouts in attendance. Commissioner Flansbaum-Talabisco said
this year's Veteran's Day parade was her first as a commissioner and thanked everyone
for making it so special.
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller reported that BSO will hold its anti -auto theft
rally on November 15t" at City Hall. Finance and Purchasing report that staff
participated in the National Institute of Government Purchasing Reverse Trade Show in
Ft. Lauderdale. On November 6t", Purchasing and Contracts Manager Glatz spoke to
the Tamarac Chamber of Commerce, the topic was how to do business with the City of
Tamarac. On October 30t" the Grants Ranking Committee recommended $9,000 be
awarded to the Tamarac Fire Department for EMS training equipment, and this will be
approved on December 41". On November 51" Tamarac Fire Rescue participated in a
countywide mass casualty drill at University Hospital Pavilion. The IT Department has
installed SPAM control software, which has filtered out approximately 10,000 unwanted
e-mails per week. Parks and Recreation reports the Transportation Division's average
ridership in October met the county's requirement of at least 5 riders per trip. Parks and
Recreation and the Veterans Affairs Committee report the success of the Veteran's Day
parade and ceremony. Other events sponsored by Parks and Recreation over the past
few weeks are bingo night at the Community Center, several Halloween events, and
free flu shots in cooperation with University Hospital.
5. PUBLIC PARTICIPATION: Steve Cohen, son of Harriet and Steven Cohen,
7360 Fairfax Drive, Tamarac, spoke about a recent incident in which his father tried to
contact 911 and received no answer. Mayor Schreiber said is aware of the incident and
he notified Chief Budzinski and asked for an investigation; a report will be forthcoming.
Jerry Ginsberg, 9850 W. McNab Road, Tamarac, spoke about identity badges for board
and committee members. Mayor Schreiber said the matter is being looked into, and in
discussion at Monday's workshop, it was his understanding that the badges were to be
picked up by the volunteers when they arrived for their meeting and then returned at the
front desk upon leaving the premises. Curt Rosenfeld, 8511 NW 57t" Court, Tamarac,
spoke on behalf of the Presidents Council and expressed appreciation for the additional
senior homestead exemption. Sam Schwartz, Concord Village, expressed thanks for
the Veteran's Day parade, $25,000 senior homestead exemption, and spoke about the
increase in cable TV rates and asked the Commission to address this issue. Mayor
Schreiber said with Congressional regulation, municipalities have no power regarding
rate increases; he would like to see Tamarac provide satellite TV to its residents at
reasonable rates. Commissioner Sultanof requested staff contact Comcast regarding
channels being arbitrarily removed. Mayor Schreiber said he spoke with Cindy
Stoddard, an administrator for Comcast, and he was told by Ms. Stoddard that anyone
having problems with Comcast could contact her. Vice Mayor Roberts suggested City
Manager Miller look into the matter as her channels have been switched. Burt
Schneider, 8016 NW 72nd Street, Tamarac, requested the Turkey Trot venue be moved
from Woodmont due to concerns regarding street closures. Mr. Schneider said China's
human rights and attitude about our country are despicable. Commissioner Sultanof
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spoke about the perception that Turkey Trot proceeds go into the General Fund and
spoke about the Commission's contributions, made out of the General Fund, to charities
in Broward County. Commissioner Sultanof said the street closure issue is one the City
has to look at. Seymour Margoles, 4704 Queen Palm Lane, Tamarac, said he thought
he had lost two TV channels but they had been switched to different numbers.
Commissioner Portner agreed with Mr. Schneider's statement on China.
CONSENT AGENDA
6. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval of all
items on the consent agenda. On roll call Commissioner Sultanof voted "yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts
"yes", and Commissioner Portner "yes". Motion carried.
a. APPROVE the minutes of the October 22, 2003 regular City Commission
meeting.
APPROVED
b. ADOPTION OF POLICY FOR NAMING PARKS AND RECREATION
FACILITIES: (TR10278) Adopting the Parks and Recreation Facilities Naming
Policy.
RESOLUTION NO. R2003-253
C. CONTRACT ASSIGNMENT — INVESTMENT ADVISORY SERVICES
AGREEMENT: (TR10265) Executing contract assignment of the Investment
Advisory Services Agreement dated April 9, 2003 from Kirkpatrick, Pettis, Smith,
Polian Inc., Langhoff Brooks Division to Kirkpatrick Pettis Capital Management,
Inc. effective as of September 1, 2003.
RESOLUTION NO. R2003-254
d. GRANT FUNDING — TAMARAC YOUTH FOOTBALL LEAGUE: (TR10277)
Accepting grant funding from the National Recreation & Park
Association/National Football League in the amount of $1,500.00; awarding
$1,500.00 in a grant to the Tamarac Youth Football League; amending the grants
fund budget during the next quarterly budget actions.
RESOLUTION NO. R2003-255
e. ACCEPTING QUIT CLAIM DEED FROM BROWARD COUNTY: (TR10280)
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. R2003-256
f. FEMA GRANT FUNDING — PURCHASE OF MOBILE FIRE SAFETY HOUSE
AND ENHANCEMENT OF EDUCATING GENERATIONS FIRE_ SAFETY
EDUCATION AND OUTREACH PROGRAM: (TR10283) Seeking grant funding
from the Federal Emergency Management Agency's Assistance to Firefighters -
Fire Prevention and Safety Grant Program in the amount of $75,327, with an in -
kind match of $32,283 for a total project cost of $107,610, to purchase a mobile
fire safety house and enhancement of the Educating Generations Fire Safety
Education and Outreach Program.
RESOLUTION NO. R2003-257
November 12, 2003
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g. FPL EASEMENTS FOR PUBLIC SERVICES COMPLEX: (TR10282) Granting
utility easements to Florida Power and Light Company for the Development
Services Building and Fire Station No. 15 located at the City of Tamarac Public
Services Complex; authorizing the appropriate City Officials to execute said
easement; authorizing and directing the City Clerk to record said easement in the
Public Records of Broward County.
RESOLUTION NO. R2003-258
h. ADOPTION OF LEGISLATIVE AGENDA FOR FY2004: (TR10281) Approving
the City of Tamarac Legislative Agenda for the 2004 legislative session; directing
the City Clerk to send a copy of the City of Tamarac Legislative Agenda for the
2004 legislative session to the Broward County Legislative Delegation and the
Broward County Board of County Commissioners for consideration.
RESOLUTION NO. R2003-259
i. AGREEMENT -- REIMBURSEMENT OF UTILITY REMOVAL COSTS:
(TR10214) Executing an agreement between Broward County and the City of
Tamarac for the reimbursement of utility removal costs along Pine Island Road
from Oakland Park Boulevard to Commercial Boulevard; authorizing an
estimated expenditure of $5,000.00 subject to actual quantities and bid prices.
RESOLUTION NO. R2003-260
j. SUPPORTING THE CITY OF CORAL SPRINGS' REQUEST FOR SOUND
WALLS: (TR10288) Supporting the City of Coral Springs' request to the Florida
Department of Transportation to take necessary action to effectively minimize
and buffer the noise level associated with current and future traffic from the
Sawgrass Expressway in the City of Coral Springs; authorizing the City Clerk to
provide a copy of this Resolution to each member of the Florida Department of
Transportation's Florida Turnpike Enterprise, the Broward County Metropolitan
Planning Organization, the City of Coral Springs, and any other interested
parties.
RESOLUTION NO. R2003-261
k. SUPPORTING THE CITY OF PARKLAND'S REQUEST FOR SOUND WALLS:
(TR10289) Supporting the City of Parkland's request to the Florida Department of
Transportation to take necessary action to effectively minimize and buffer the
noise level associated with current and future traffic from the Sawgrass
Expressway in the City of Parkland; authorizing the City Clerk to provide a copy
of this Resolution to each member of the Florida Department of Transportation's
Florida Turnpike Enterprise, the Broward County Metropolitan Planning
Organization, the City of Parkland, and any other interested parties.
RESOLUTION NO. R2003-262
I. SUPPORTING THE CITY OF COCONUT CREEK'S REQUEST FOR SOUND
WALLS: (TR10290) Supporting the City of Coconut Creek's request to the
Florida Department of Transportation to take necessary action to effectively
minimize and buffer the noise level associated with current and future traffic from
the Sawgrass Expressway and the Florida Turnpike in the City of Coconut Creek;
authorizing the City Clerk to provide a copy of this Resolution to each member of
the Florida Department of Transportation's Florida Turnpike Enterprise, the
Broward County Metropolitan Planning Organization, the City of Coconut Creek,
and any other interested parties.
RESOLUTION NO. R2003-263
November 12, 2003
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M. PURCHASE OF TWO FIRE APPARATUS VEHICLES AND EQUIPMENT:
(TR10245) Purchasing two fire apparatus vehicles and equipment from Hall -Mark
Fire Apparatus, Inc. based on the Hillsborough County Purchase Order
BPCW02000033, for emergency vehicles and ancillary equipment at a total cost
not to exceed $700,000.
RESOLUTION NO. R2003-264
END OF CONSENT AGENDA
REGULAR AGENDA
7. APPOINTING COMMISSION LIAISON TO ECONOMIC DEVELOPMENT
ADVISORY COMMITTEE: (TR10274) Motion to approve Resolution appointing
------ as Commission liaison to the Economic Development Advisory
Committee for a period of time not to extend past the next general municipal election
which will be held in March 2005. City Attorney Kraft read Temporary Resolution 10274
by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved
approval. Commissioner Sultanof seconded by Commissioner Portner moved to table
Temporary Resolution 10274 to the regular City Commission meeting on November 26,
2003 at or after 9:00 a.m. On roll call Mayor Schreiber voted "no", Vice Mayor Roberts
"no", Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner
Flansbaum-Talabisco "no". Motion failed. Commissioner Portner asked for an
explanation why Commissioner Sultanof was disallowed the courtesy of tabling this
item. Mayor Schreiber replied an explanation should be given if someone wants to
table an item. Commissioner Sultanof said this committee should be a foundation or
alliance, free of funding and political influence from the Commission, and he feels two
liaison commissioners as suggested, should not be on board. Commissioner Sultanof
reiterated that politicization should be removed from this committee as the members are
successful developers and businessmen who are able to go forward without
Commission liaisons. Commissioner Flansbaum-Talabisco moved to reconsider her
vote on tabling the item. There was no second. Mayor Schreiber said a Commission
liaison is a representative to a committee and has no authority, but is only present to
listen. Vice Mayor Roberts added that at Monday's workshop, Commissioner Sultanof
spoke of an alliance, but the discussion was to let the committee get off the ground first
and then it could become an alliance without commission liaisons. Commissioner
Sultanof said he told City Manager Miller he did not want the City Commission telling
the committee how to do their job and there will be questions from the public as to
funding. Vice Mayor Roberts said the Community Development Department offers tax
incentives now; Commissioner Sultanof responded an incentive is not the same as
cash. Vice Mayor Roberts asked if the liaison's term could be reduced to six months
and City Attorney Kraft said yes as the code speaks only to the outer limit.
Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved to amend
Temporary Resolution 10274 by specifying the liaison or liaisons serve until June 2004.
On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes",
Commissioner Portner "no", Commissioner Flansbaum-Talabisco "yes", and Mayor
Schreiber "yes". Motion carried. Commissioner Flansbaum-Talabisco seconded by
Vice Mayor Roberts moved the appointment of Mayor Joe Schreiber and Commissioner
November 12, 2003
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Edward C. Portner as Commission liaisons to the Economic Development Advisory
Committee until June 2004. On roll call Commissioner Sultanof voted "yes",
Commissioner Portner "no", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Vice Mayor Roberts "yes". Motion carried. Commissioner
Flansbaum-Talabisco said there is a lot of talent on the City Commission; the
Commissioners should work harder to recognize each other's talents and work together
as a team. Commissioner Flansbaum-Talabisco seconded by Vice Mayor Roberts
moved approval of Temporary Resolution 10274, as amended, appointing Mayor Joe
Schreiber and Commissioner Edward C. Partner as Commission liaisons to the
Economic Development Advisory Committee until June 2004. On roll call
Commissioner Portner voted "no", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", Vice Mayor Roberts "yes" and Commissioner Sultanof "yes". Motion
carried.
RESOLUTION NO R2003-265
ORDINANCE — FIRST READING
8. ADDITIONAL SENIOR HOMESTEAD EXEMPTION: (T02028) Motion to adopt
Ordinance on first reading authorizing the granting of an additional homestead tax
exemption of $15,000 (for the maximum $25,000 exemption amount) to resident
homeowners who have legal or equitable title to real estate, who are at least 65 years of
age, and whose annual household income does not exceed the allowable amount
pursuant to Section 196.075, Florida Statutes (1999), as amended; that any taxpayer
claiming the exemption must annually submit a sworn statement of household income,
on a form prescribed by the Department of Revenue to the property appraiser, not later
than March 1 of each year. City Attorney Kraft read Temporary Ordinance 2028 on first
reading by title. Vice Mayor Roberts seconded by Commissioner Portner moved
approval. Mayor Schreiber clarified that the total exemption amount would be $25,000
and would be in place for the 2005 tax bill. City Attorney Kraft confirmed the maximum
amount allowed under law is $25,000. On roll call Vice Mayor Roberts voted "yes",
Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-
Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING NOVEMBER 12, 2003
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
9. AMENDING PRIOR ZONING — PARCEL "P" OF THE "LYONS INDUSTRIAL
PARK" PLAT: (T02027) Motion to adopt Ordinance on second reading amending
prior zoning of certain real estate property (aka: Lyons Industrial Park Plat) from RM-5
(Multi -Family Residential District), RM-10 (Planned Apartment Residential District) and
R-4A (Planned Apartment Residential District) to R-3 (Low -Density Multi -Family
Residential District) lands commonly known as All 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, located north of NW 571" Street @ NW 91 st
Avenue (Case No. 37-Z-03); providing for amendment of the official zoning map to
reflect such change. City Attorney Kraft read Temporary Ordinance 2027 on second
reading by title. Commissioner Portner seconded by Commissioner Sultanof moved
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approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney
Gerald L. Knight, Holland & Knight, LLP, waived his quasi-judicial rights on behalf of the
applicant. Community Development Director King gave a presentation. Mayor
Schreiber opened the public hearing and Sam Schwartz, Concord Village, spoke about
video equipment to enable the audience to see site and development plans. Mayor
Schreiber said a video system is in the works. With no one else wishing to speak,
Mayor Schreiber closed the public hearing. On roll call Commissioner Flansbaum-
Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes",
Commissioner Sultanof "yes", and Vice Mayor Roberts "no". Motion carried.
ORDINANCE NO. 0-2003-30
10. SPECIAL EXCEPTION — QDOBA MEXICAN GRILL: (TR10271) Motion to
approve Resolution granting a Special Exception to permit the sale and on -site
consumption of alcoholic beverages in a B-2 (Community Business District) zoning
category for Qdoba Mexican Grill, located at 5711 North University Drive in the Midway
Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as
recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida
(Case No. 41-Z-03); providing for conditions of approval. City Attorney Kraft read
Temporary Resolution 10271 by title. Vice Mayor Roberts seconded by Commissioner
Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures
and Chris Harding, Qdoba Mexican Grill, and Jorge Morell, Woolbright Development,
Inc., waived their quasi-judicial rights. Mayor Schreiber asked if the business is
currently operating and Community Development Director King said yes. Commissioner
Sultanof questioned hours of operation and type of alcoholic beverages. Mr. Harding
responded the weekday hours are 11:00 a.m. to 9:30 p.m., 11:00 a.m. to 10:00 p.m. on
weekends, and only beer would be served. Mayor Schreiber opened the public hearing,
and with no one wishing to speak, closed the public hearing. On roll call Commissioner
Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Flansbaum-Talabisco
"yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2003-266
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
City Manager Miller clarified that the City Commission's charitable contributions this
year totaled $110,000.
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the regular meeting at 8:05 p.m.
MARION SWENSON, CMC
CITY CLERK
November 12, 2003
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JOE SCHREIBER, MAYOR