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HomeMy WebLinkAbout2004-12-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY DECEMBER 8, 2004 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, December 8, 2004 at 7:00 p.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 Joe Schreiber led the pledge of allegiance. 1►111ZIQoil IQ11011,I 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentations by Mayor and City Commission of Veterans' Day Parade Trophies: (1) Mayor's Cup, presented by Mayor Schreiber to Challenger Elementary School. Principal Kathleen Goldstein accepted and said it was a pleasure for Challenger to participate in the Veterans' Day parade. Principal Goldstein thanked volunteer coordinator Sherry Rosenthal and Harold Goldstein for their participation. Mayor Schreiber said he is proud of the school and Principal Goldstein for the great job they are doing. (2) Vice Mayor's Cup, presented by Vice Mayor Sultanof to Taravella High School Band. Band director Neil Jenkins accepted on behalf of Taravella High School and expressed thanks to Special Events Manager Nevadomski for being the contact person and said Taravella enjoys participating in both the Memorial Day and Veterans Day events. (3) Commissioner's Cup, presented by Commissioner Roberts to Cub Scout Pack #285. Members of Cub Scout Pack #285 and pack leader Ed Horowitz accepted. Mr. Horowitz thanked the Mayor and Commission on behalf of the scouts who worked on the float and marched in the parade, and made Mayor Schreiber an honorary mayor of Cub Scout Pack #285. b. SWEARING -IN CEREMONY MILLENNIUM MIDDLE SCHOOL STUDENT GOVERNMENT OFFICERS: Mayor Schreiber administered the oath of office to the members -elect of the Millennium Middle School Student Council: Student Council December 8, 2004 Page 1 of 10 President Jhanielle Thompson, Seventh Grade Vice President Stephanie Diaz and Sixth Grade Vice president Shanna Amster. REPORTS 2. City_ Commission: Mayor Schreiber reported he recently returned from the National League of Cities convention in Indianapolis, Indiana and said they have a fantastic convention center connected to 6 hotels in the downtown area. Mayor Schreiber said the workshops were very interesting and he will provide a report to the Commission. Commissioner Portner said he also attended the National League of Cities convention and will provide a report to the Mayor and Commission. Commissioner Partner said Florida is the greatest state in the union, Broward County is paradise and Tamarac is Eden. Commissioner Portner wished everyone a happy holiday season. Commissioner Roberts congratulated the Veterans' Day parade trophy winners and the Millennium Middle School student government officers. Commissioner Roberts wished everyone a happy holiday and happy Hanukkah, and added her parents have finally moved to Tamarac. Vice Mayor Sultanof wished everyone a happy holiday and spoke about the holiday lighting ceremony that took place Monday night. Vice Mayor Sultanof mentioned songs sung during Hanukkah, in particular Rock of Ages. Vice Mayor Sultanof added that Broward County can not duplicate what Tamarac does. Commissioner Flansbaum-Talabisco said she spent Thanksgiving with family in Boise, Idaho and was proud to be across the country and feel Tamarac is up to date. Commissioner Flansbaum-Talabisco said Boise is working on a downtown project termed BODO. Commissioner Flansbaum-Talabisco thanked staff for Monday night's lighting ceremony and said she received great feedback from residents. Commissioner Flansbaum-Talabisco wished everyone happy Hanukkah and said it is almost Christmastime. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported the Broward County Commission met yesterday and considered Tamarac's request for reimbursement of the Cummings parcel on 94th Avenue. The County Commission did not make a decision but will revisit all proposals from various cities at a February 16, 2005 workshop. City Manager Miller said he spoke at a meeting yesterday of the Broward County School Board during discussion of the new high school site, FFF. City Manager Miller said this is the southernmost site in Sunrise and he does not believe it will relieve overcrowding at Taravella High School, but he is gratified to see School Board member Stephanie Kraft's efforts to get a 36-room addition to Taravella were well received by other school board members. City Manager Miller said the Fire Department reported regional CERT December 8, 2004 Page 2 of 10 Training from the FEMA grant began Saturday with 29 participants. This will continue throughout the year. Tamarac Fire Rescue cadets assisted with Tamarac Elementary School's Winterfest on Friday evening. Parks and Recreation reports they are one of 13 departments selected to participate in the Leaders Guide to Healthy Active Eating for Kids pilot project, sponsored by the National Parks and Recreation Association, to encourage healthy eating habits. Commissioner Roberts noted that there was also discussion at the school board meeting regarding the new elementary school site at Commercial Blvd. and Pine Island. City Manager Miller said this site is owned by the North Broward Hospital District and the school board would have to purchase it from them. 5. PUBLIC PARTICIPATION: There was no public participation. CONSENT AGENDA 6, Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved approval of all items on the consent agenda. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried. a. APPROVE the minutes of the November 24, 2004 Regular City Commission meeting. APPROVED b. APPOINTING ONE RESIDENT TRUSTEE TO THE FIREFIGHTERS PENSION BOARD: (TR10567) Appointing one Resident Trustee to the Firefighters Pension Board to serve a two-year term ending January 8, 2007. RESOLUTION NO. R2004-257 C. APPOINTING ONE RESIDENT TRUSTEE TO THE POLICE PENSION BOARD: (TR10568) Appointing one Resident Trustee to the Police Pension Board for a two-year term ending January 8, 2007. RESOLUTION NO. R2004-258 d. WATER AND SEWER DEVELOPER'S AGREEMENT -- SAWGRASS INFINITI: (TR10588) Executing a Water and Sewer Developer's Agreement with T.T. of Lighthouse Point, Inc., for the Sawgrass Infiniti Project, located at 5801 Madison Avenue, 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. R2004-259 e. UPGRADE OF _.CITY'S COMPUTER SYSTEM: (TR10576) Authorizing the upgrade of the City's computer system to an IBM AS400 i520 computer system from Integration Systems, L.L.C. (iSys), for an amount not to exceed $45,838.74, utilizing State of Florida Contract # 250-000-03-1. RESOLUTION NO. R2004-260 f. AGREEMENT RENEWAL — CITY-WIDE MAILING SERVICES: (TR10597) Renewing the agreement with Postal Center International, Inc. for city-wide mailing services, utilizing Southeast Florida Governmental Purchasing Cooperative Group December 8, 2004 Page 3 of 10 Contract #582-8053, effective nuns pro tuns to October 5, 2004, through October 4, 2005. RESOLUTION NO. R2004-261 g. PURCHASING SHORE CONVEYOR FOR THE AQUATIC VEGETATION HARVESTER: (TR10584) Purchasing a shore conveyor for the aquatic vegetation harvester from Aquarius Systems, Inc., a single source manufacturer, at a cost not to exceed $36,000.00. RESOLUTION NO. R2004-262 h. PURCHASING REPLACEMENT AND NEW VEHICLES: (TR10596) Purchasing replacement and new vehicles utilizing the Florida Sheriff's Association Bid # 04-12- 0823; authorizing an expenditure in an amount not to exceed $416,549; authorizing budget transfers as needed for proper accounting purposes. RESOLUTION NO. R2004-263 i. AMENDING CITY'S CLASSIFICATION AND PAY PLAN: (TR10598) Amending the City's Classification and Pay Plan for Executive, Managerial/Professional and Administrative Non -Bargaining Employees effective January 1, 2005. RESOLUTION NO. R2004-264 j. BID AWARD AND AGREEMENT — GROUNDS MAINTENANCE AND LANDSCAPING SERVICES: (TR10599) Awarding Bid No. 04-30B to Prestige Property Management and Maintenance, Inc., for grounds maintenance and landscaping services; authorizing the appropriate City officials to execute an agreement with Prestige Property Management and Maintenance, Inc. for a three (3) year period commencing on December 1, 2004 with the option for one (1) three (3) year renewal; authorizing an annual expenditure in an amount not to exceed $788,959. RESOLUTION NO. R2004-265 k. CHANGE ORDER — CENTRAL PUMP STATION CONSTRUCTION SITE: (TR10600) Executing Change Order Number 1 to the agreement between the City of Tamarac and Wharton -Smith, Inc. for the satisfaction of dewatering permit requirements as set forth by the South Florida Water Management District regarding the prevention of contaminant migration in adjacent contamination areas at the Central Pump Station construction site; authorizing an additional expenditure in an amount not to exceed $54,595 for said purpose. RESOLUTION NO. R2004-266 I. WATER SEWER DEVELOPER'S AGREEMENT — SUN SENTINEL: _AND (TR10593) Executing a Water and Sewer Developer's Agreement with NB Tamarac Commerce Center, L.L.C., for the Sun Sentinel Project, located at 6501 Nob Hill Road, requiring 10 ERC's for water and 10 ERC's for sewer; requiring the payment of $32,000.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-267 END OF CONSENT AGENDA E December 8, 2004 Page 4 of 10 REGULAR AGENDA ORDINANCES — FIRST READINGS 7. AMENDING ARTICLE IV OF THE CITY CHARTER — SECTION 4.02 "CITY COMMISSION; ELECTION, TERMS AND QUALIFICATIONS" TO INCREASE TERMS OF OFFICE: (T02070) Motion to adopt Ordinance on first reading amending Article IV, Section 4.02 of the City Charter, entitled "City commission; election, terms and qualifications" to increase terms of office for the City's mayor and commissioners from three-year terms to four-year terms; providing for an implementation date; providing that if the amendment is approved by a majority of the voters at the March 8, 2005, election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification. City Attorney Kraft read Temporary Ordinance 2070 on first reading by title. Commissioner Portner seconded by Commissioner Roberts moved approval. Commissioner Roberts confirmed that approval of this item means that it will be put on the ballot. Mayor Schreiber said this is first reading only and if it is approved on second reading it will be up to the voters to make the final decision. On roll call Vice Mayor Sultanof voted "no", Commissioner Flansbaum-Talabisco "no", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. APPROVED ON FIRST READING DECEMBER 8, 2004 8, AMENDING ARTICLE IV OF THE CITY CHARTER — SECTION 4.02 "CITY COMMISSION; _ELECTION, TERMS AND QUALIFICATIONS" TO REMOVE TERM LIMITS: (T02071) Motion to adopt Ordinance on first reading amending Article IV, Section 4.02 of the City Charter, entitled "City commission; election, terms and qualifications" to remove term limits for mayor and commissioners effective with the March 8, 2005, municipal election; providing that if the amendment is approved by a majority of the voters at the March 8, 2005, election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification. City Attorney Kraft read Temporary Ordinance 2071 on first reading by title. Commissioner Roberts seconded by Commissioner Portner moved approval. Commissioner Portner said approximately a month ago he brought this matter forward at a workshop meeting; he thought it was a good idea at the time. Commissioner Portner said since then he has heard expressions from two members of the Commission in opposition to the item, and heard Commissioner Roberts speak in favor of taking this to the public for a vote. Commissioner Portner added that in 1993 Mayor Schreiber said he did not believe in eliminating term limits. Commissioner Portner said after having given this a great deal of thought he will vote no on the item. Commissioner Roberts said this issue has been brought up over the last 10-12 years and the people should decide so the matter is put to rest. Commissioner Partner said this is a huge item and if the people are really interested in the proposal, they should petition the City Commission. Commissioner Roberts asked if people wanting to circulate a petition would be required to form a non-profit organization and City Attorney Kraft responded there is a legal process that must be followed. Mayor Schreiber said surrounding cities do not have term limits and have 4-year terms. Approval of this item would only allow the people to vote on it; if they do not want this change, they will vote it December 8, 2004 Page 5 of 10 down. Mayor Schreiber said it is proper for the Commission to give this to the public to decide. Commissioner Portner said he understands, but if the public was that interested they would get together and petition the Mayor and Commission. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "no", Commissioner Portner "no", Commissioner Flansbaum-Talabisco "no", and Mayor Schreiber "yes". MOTION FAILED 9. ADDENDUM TO FRANCHISE AGREEMENT — WASTE MANAGEMENT, INC, D/B/A SOUTHERN SANITATION: (T02073) Motion to adopt Ordinance on first reading executing a third addendum to the 1993 agreement between the City of Tamarac and Waste Management, Inc., d/b/a Southern Sanitation for furnishing multi family solid waste collection for an additional five year term to begin January 1, 2005 and end December 31, 2009. City Attorney Kraft read Temporary Ordinance 2073 on first reading by title. Commissioner Roberts seconded by Commissioner Partner moved approval. Commissioner Roberts thanked Waste Management for adding two more bulk pickups for multi -family units. Mayor Schreiber thanked Waste Management and its representatives for doing a great job. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. APPROVED ON FIRST READING DECEMBER 8, 2004 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS 10. AMENDING CHAPTER 2 OF THE TAMARAC CODE — ARTICLE III, DIVISION 8_ "VETERANS AFFAIRS COMMITTEE, SECTION 2-223 "CREATION; COMPOSITION": (T02069) Motion to adopt Ordinance on second reading amending Chapter 2 of the Tamarac City Code, entitled "Administration", Article III, "Boards, Committees, Commissions", Division 8 "Veterans Affairs Committee" by amending Section 2-223 "Creation; Composition" adding the Marine Corps League as a member organization; providing for codification. City Attorney Kraft read Temporary Ordinance 2069 on second reading by title. Vice Mayor Sultanof seconded by Commissioner Portner moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Flansbaum- Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts "yes". Motion carried. Vice Mayor Sultanof thanked the Mayor and Commission and said the Marine Corps is a great addition to the City. ORDINANCE NO. 0-2004-35 11. AMENDING CHAPTER 6 OF THE TAMARAC CODE — SECTION 6-156(B)(2), "CHANGE ORDERS": (T02067) Motion to adopt Ordinance on second_ reading amending Tamarac Code Chapter 6 entitled "Finance and Taxation" Article V, "Purchasing Procedures", Section 6-156(b)(2), "Change Orders" increasing City Manager's approval authority for change orders from $10,000 to a maximum of December 8, 2004 Page 6 of 10 11 $30,000; providing for codification. City Attorney Kraft read Temporary Ordinance 2067, Revision #2, on second reading by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. 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. ORDINANCE NO. 0-2004-36 QUASI-JUDICIAL HEARINGS 12. AMENDING_ PRIOR ZONING — PORTION OF THE "WOODLANDS COUNTRY CLUB" PLAT: (TO2065) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property (aka: Woodlands Country Club) from S-1 (Open Space/Recreation District) to R-3 (Low -Density Multi -Family Residential District), lands commonly known as a portion of the "Woodlands Country Club" Plat, according to the plat thereof as recorded in Plat Book 67, Page 30 of the Public Records of Broward County, Florida, located on the north side of NW 441" Street, approximately 3400 feet west of Rock Island Road (Case No. 19-Z-04); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2065, Revision #1, on second reading by title and announced that after the motion and second, Commissioner Flansbaum-Talabisco has a statement regarding a voting conflict as it relates to this item. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Commissioner Flansbaum-Talabisco read into the record a statement regarding a voting conflict with regard to this item and recused herself from voting on this item. (Copy of statement attached and made a part of the minutes.) City Attorney Kraft explained the quasi-judicial procedures and Attorney Gerry Knight waived his quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Commissioner Roberts confirmed the property is zoned recreational but is not being used for that purpose. Vice Mayor Sultanof asked if the developer met with residents and questioned the large trees adjacent to the site. Attorney Knight said there was a meeting with residents who live northwest of the site; the site plan will come before the Mayor and Commission at the December 22, 2004 meeting and there may be additional meetings with residents. Attorney Knight said the large trees bordering the golf course will remain and serve as a buffer between the properties. Commissioner Partner questioned the responsibility on the part of the golf course and residents for broken windows caused by stray golf balls. Community Development Director King said staff takes these kinds of things into consideration when the site plan goes through the process, the existing trees, as well as additional landscaping, will act as a buffer to an extent. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Sultanof voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Commissioner Flansbaum-Talabisco abstained from voting due to a voting conflict. Motion carried. ORDINANCE NO. 0-2004-37 December 8, 2004 Page 7 of 10 13. AMENDING PRIOR ZONING — PARCEL IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST: (T02066) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property from A-1 (Utility District) to R-3 (Low -Density Multi -Family Residential District), lands commonly known as a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right- of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning, located on the south side of Southgate Boulevard, near Sawgrass Expressway (Case No. 21-Z- 04); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2066, Revision #1, on second reading by title. Vice Mayor Sultanof seconded by Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Gerry Knight waived his quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation and noted that the developer met with residents and showed them the proposed site plan. Community Development Director King said no townhome units will directly back up to residents on the south side. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "no", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2004-38 14. SPECIAL EXCEPTION — FAIRBANKS SAWGRASS CHRYSLER-JEEP- DODGE: (TR10590) Motion to approve Resolution granting a special exception to allow the operation of an on -site car rental company within an LI-1 (Industrial District) zoning category to Fairbanks Sawgrass Chrysler -Jeep -Dodge located at 5607 State Street, specifically a portion of Tract "B" of the "Westpoint Section 7 Plat", according to the plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida (Case No. 25-Z-04); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10590 by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Deena Tanning, Ruden McClosky, waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Vice Mayor Sultanof asked if the rental cars would be kept toward the back and facing Sawgrass Expressway. Attorney Tonning responded there will be between 3 to 10 rental cars located in 10 spaces at the north end of the site, in the service area. Community Development Director King said the cars will be on the northeast side of the building and will not be seen by anybody. Commissioner Portner questioned car rental to non -customers and Attorney Tonning said Enterprise Car Rental will be required to obtain dealership approval prior to renting a car; the customer December 8, 2004 Page 8 of 10 must provide paperwork. Commissioner Roberts questioned the company offering a loaner car instead and Attorney Tonning responded the dealership will not charge their customers for rental cars. 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", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2004-268 15. AMENDING DEVELOPMENT ORDER — WESTPOINT DEVELOPMENT OF REGIONAL IMPACT (DRI): (T02072) Motion to adopt Ordinance on first reading amending the Development Order for the Westpoint Development of Regional Impact (DRI) generally located in Section 7, Township 49 South, Range 41 East to extend the build out date from December 29, 2005 to December 29, 2008 in order to allow for the completion of development of remaining undeveloped parcels, approved by Ordinance No. 0-89-44 adopted December 21, 1989, and thereafter amended by Ordinance No. 0-94-20 adopted November 9, 1994, and thereafter amended by Resolution No. R- 2000-206 adopted July 12, 2000, and thereafter amended by Ordinance No. 0-2000-33 adopted November 22, 2000; and thereafter amended by Ordinance No. 0-2004-14 adopted April 28, 2004; reaffirming Ordinance No. 0-89-44 as amended by Ordinance No. 0-94-20 as amended by Resolution No. R-2000-206 as amended by Ordinance No. 0-2000-33 as amended by Ordinance No. 0-2004-14 except as amended herein; providing for recordation in accordance with Section 380.06(15)(f) Florida Statutes (Case No. 16-MI-04). City Attorney Kraft read Temporary Ordinance 2072, Revision #2, on first reading by title. Commissioner Portner seconded by Commissioner Flansbaum- Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Deena Tonning, Ruden McClosky, waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Mayor Schreiber asked if one of the three parcels is owned by the Infiniti Dealership and Community Development Director King responded in the negative. Vice Mayor Sultanof asked if the hotel site remains and Community Development Director King said the hotel site is on the southeast corner of Sawgrass and Commercial Blvd. Community Development Director King discussed the remaining undeveloped parcels. Commissioner Portner questioned the reason for extending the time for development and Community Development Director King explained state statute requirements and the fact that notification of the extension puts state and regional agencies on notice that projects are not completed and alerts DOT to not remove ghost trips from traffic impact calculations. Commissioner Portner asked what would happen if this item were denied and City Attorney Kraft explained the owners would pursue legal remedies against the City. Mayor Schreiber asked about Westpoint Center Associates and Community Development Director King said it is Butters Construction and partners. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Partner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts "yes". Motion carried. APPROVED ON FIRST READING DECEMBER 8, 2004 December 8, 2004 Page 9 of 10 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS City Manager Miller explained the mute buttons on the new microphones, and said at the end of the meeting the sound system is not immediately turned off. City Manager Miller thanked IT Director Sucuoglu for organizing the audio/visual system. There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the regular meeting of the City Commission at 8:10 p.m. - MARION SWENSON, CIVIC r' CITY CLERK JOE SCHREIBER, MAYOR December 8, 2004 Page 10 of 10 1 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM, FIRST NAME —MIDDLE NAME s � � NAME OF BOARD, C/OUNC L, COMMISSION, AUTHORITY, OR COMMITTEE nJ � �J� '�� . - �.�• �7[. MAILING ADD S� .� THE BOARD, OUN.;��/�r CIL, COMMISSION, AUTHORITY OR COMMITTEE ON YVHICH I SERVE IS A UNIT OF CITY COUNTY OXCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME 9k .r/�TICALSUBDIVlyCft DATE ON WHICH VOTE O CURRED tl !' ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or lass. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.35T F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on " 20 (a) A me�pure came or will come before my agency which (check one) v inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 THIS ITEM INVOLVES THE WOODLANDS COUNTRY CLUB. AS YOU ALL KNOW, I AM A MEMBER OF THE WOODLANDS COUNTRY CLUB, AND MY HUSBAND IS THE PRESIDENT OF WOODLANDS COUNTRY CLUB. THIS PROJECT I PON A LAND SALE FROM WOODLANDS COUNTRY CLUB TO THE DEVELOPER. THIS PROJECT HAS THE POTENTIAL TO BE OF ECONOMIC BENEFIT TO THE WOODLANDS COUNTRY CLUB, AND SUBSEQUENTLY OF BENEFIT TO THE MEMBERS OF THE WOODLANDS COUNTRY CLUB. BECAUSE OF THIS POTENTIAL ECONOMIC BENEFIT, I HAVE DISCUSSED THIS MATTER WITH THE CITY ATTORNEY. HE HAS ADVISED ME THAT BECAUSE OF APPEARANCE OF POSSIBLE CONFLICTS OF INTEREST, I SHOULD ABSTAIN FROM VOTING ON THIS, AND ALL RELATED MATTERS. THEREFORE I SHALL ABSTAIN, AND FILE THE APPROPRIATE PAPERS WITH THE CITY CLERK.