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.
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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
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NAME OF BOARD, C/OUNC L, COMMISSION, AUTHORITY, OR COMMITTEE
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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.