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Home My WebLink About2000-12-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING SATELLITE CITY HALL 4267 W. COMMERCIAL BOULEVARD TAMARAC, FLORIDA 33319 WEDNESDAY, DECEMBER 13, 2000 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, December 13, 2000, at Satellite City Hall, 4267 W Commercial Boulevard, Tamarac, FL 33319. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts and Commissioner Edward C. Portner. ABSENT AND EXCUSED FOR CAUSE: Commissioner Marc L. Sultanof. Commissioner Larry Mishkin and ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft and City Clerk Marion Swenson. Mayor Schreiber called for the pledge of allegiance. INTRODUCTION 1. PRESENTATIONS of Veterans' Day Parade Trophies: Mayor Schreiber presented the Mayor's Cup to Tamarac Elementary School Principal Kathleen Goldstein, 601 North University Drive, Tamarac, Florida 33321. Ms. Goldstein accepted and introduced Casey Snyder, Mayor of Tamarac Elementary School. Ms. Goldstein thanked George Stroker for the loan of the Fire Truck in which the children rode. Vice Mayor Roberts made a presentation of the Vice Mayor's Cup to Stranahan High School, Israel Charles, Band Director, 1800 SW 5 Place, Ft. Lauderdale, FI 33351. Mr. Charles was not present to accept the cup. Commissioner Portner presented the Commissioner's Cup to Military Vehicle Preservation Association/First Florida Chapter, Karl Kahn, 1161 Cove Lake Road, North Lauderdale, Florida 33068. 2. PRESENTATION by Mayor Schreiber of a Certificate to Commissioner Edward C. Portner on his completion of the 2000 Institute for Elected Municipal Officials. 3. PRESENTATION by Daniel D. Cantor, representing The State of Israel Bonds, to Mayor Schreiber. Mr. Cantor presented Mayor Schreiber with a plaque, and spoke about the growth of Tamarac and the value of Israel Bonds. 4. PUBLIC PARTICIPATION: John McKaye, 5305 NW 28 Avenue, Tamarac, FL, asked for the Commission's intervention in getting the County Commission to eliminate December 13, 2000 Regular City Commission Meeting Minutes 1 the rock pit behind the Boulevards. Mayor Schreiber said Tamarac would do everything it could. Commissioner Portner said David Barnes has communicated with him, and he has been to the rock pit several times, but this is an unincorporated part of Broward County and Tamarac has no jurisdiction over the area. David Barnes, 2706 NW 53 Street, Tamarac, FL, spoke about the rock pit and said it is a threat to the health and safety of the residents. Mr. Barnes asked the Commission to use its resources to encourage the County to enforce codes. Ruth Charlesworth, 5007 NW 58 Street, Tamarac, FL, spoke about the roads in Mainlands 7, and said she did not feel the contractor did a good job. Tina Celentano, 4910 NW 56 Court, Tamarac, FL, said she has had a good response from the Mayor and Commission whenever she needed them, and said the shuttle bus is a blessing. Ms. Celentano asked the Commission to investigate having one pickup a year for caustic substances. Jerry Ginsberg, 9850 W McNab Road, Tamarac, FL, spoke about the Community Center and said Parks and Recreation Director Margoles and her staff deserve praise for meeting new challenges and making the Community Center a place of which all residents can be proud. Ellen Tomas, 7111 NW 47 Court, Tamarac, FL, thanked the Commissioners for bringing the meeting to the East side of the City, and thanked the Commission for the beautiful landscaping in the Mainlands 1 and 2. Ms. Tomas said real estate values are going up. Ms. Tomas spoke about the discontinued bus service into the Mainlands, and asked about moving the newspaper racks into Sunshine Plaza and off the roads. Mayor Schreiber said it is a legal question, and he would need to check with the City Attorney to see if the situation could be corrected to take away the unsightliness. U4Z0 01AR 5. Oy Commission: Vice Mayor Roberts welcomed everyone and said it is nice to see so many people attending a Commission meeting. Vice Mayor Roberts congratulated Kathleen Goldstein on her appointment as principal of the new elementary school in Tamarac that will open next school year. Vice Mayor Roberts said she represented Tamarac at the Israel Bonds dinner and also at the Moose Lodge, where they gave $4,000 worth of toys to Kids in Distress. Commissioner Partner said he is proud to represent District 1, and he is happy to see that bringing the meeting to the people generated so much participation. Commissioner Portner said the Turkey Trot was a great success, and he wished everyone a happy holiday season, and said he looks forward to a great year next year. December 13, 2000 Regular City Commission Meeting Minutes 2 1 Mayor Schreiber said the turnout tonight is wonderful. Mayor Schreiber complemented his colleagues for supporting this successful endeavor and said Commission meetings would be held at several other locations during the year. Mayor Schreiber wished everyone a healthy and happy holiday. Mayor Schreiber said University Hospital would distribute flu shots at the Community Center on Tuesday, December 191h, beginning at 8:00 a.m. When he attended a meeting of the State Department of Traffic Engineering, regarding the expansion of the Sawgrass Expressway, Mayor Schreiber said he learned that a sound/sight barrier would be installed, with construction beginning in the summer of 2002. Mayor Schreiber said he attended a meeting where Israeli companies in South Florida who deal in security systems demonstrated their products, and he was impressed with their ideas. Mayor Schreiber said the Turnpike Authority is working on plans to correct the problem at Commercial Boulevard and the Turnpike, and construction should begin in about three years. Mayor Schreiber thanked everyone for coming to the meeting. 6. City Attorney: City Attorney Kraft had no report. 7. City Manager: City Manager Miller said 30 people participated in the City Government tour today, and this is an excellent way for the public to get acquainted with City Hall. Anyone who wishes to be part of the next tour should contact Public Information Officer Jay Moore. City Manager Miller said the Turkey Trot was a success, with close to 800 runners participating. Seventy people attended the Holiday Lunch/Fashion Show, and the Holiday Lighting Ceremony at the Community Center was also very successful. Broward Sheriff's Office has pursued efforts to combat auto theft in Tamarac, and 520 steering wheel locks were funded through federal grants. The first anti -theft rally was held at the Bermuda Club, and an event will be scheduled each month at different locations in the district. City Manager Miller said he received official notice from the South Florida Water Management District that we are under water restrictions, and Tamarac is working on a program to educate the public about water conservation. City Manager Miller introduced Robert and Margaret Lange. Mr. Lange will serve as Tamarac's new Director of Finance; the resolution appointing him is on tonight's agenda. CONSENT AGENDA Vice Mayor Roberts seconded by Commissioner Portner moved to remove Item 80) from the agenda, and to remove Item 8(i) from the consent agenda for discussion. On roll call Vice Mayor Roberts voted "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried. 8. Vice Mayor Roberts seconded by Commissioner Portner moved to adopt items 8(a) through 8(t) on the consent agenda, except for Items 80) which was removed from the agenda and 8(i) which was removed from the consent agenda for discussion. On December 13, 2000 Regular City Commission Meeting Minutes 3 roll call Vice Mayor Roberts voted "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the November 20, 2000 Special City Commission meeting. APPROVED b. APPROVE the minutes of the November 22, 2000 Regular City Commission meeting. APPROVED c. WATER AND SEWER DEVELOPER'S AGREEMENT WEST POINTE LAND L.L.C.: (TR9159) Accepting and executing a Water and Sewer Developer's Agreement with West Pointe Land, L.L.C., and Higgins Development Partners, L.L.C., for the Convergys Office Building Project, located at 5601 Hiatus Road for one Non -Residential Water and Sewer Building Connection and one irrigation connection requiring 10.5 ERC's for water and 8 ERC's for sewer; requiring the payment of $29,100 in CIAC fees; authorizing the directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2000-334 d. WATER AND SEWER DEVELOPER'S AGREEMENT - WESTPOINT DISTRIBUTION CENTRE I PROJECT: (TR9160) Accepting and executing a Water and Sewer Developer's Agreement with West Pointe Land, L.L.C. and Higgins Development Partners, L.L.C., for the Westpoint Distribution Centre Project located at 5607 Hiatus Road for one non-residential water and sewer building connection and one irrigation connection requiring 10.5 ERC's for water and 8 ERC's for sewer; requiring the payment of $29,100.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2000-335 e. WATER AND SEWER DEVELOPER'S AGREEMENT — COMFORT SUITES: (TR9220) Accepting and executing a Water and Sewer Developer's Agreement with Tamarac Hotel, Inc., for the Comfort Suites Project, located on the north side of Commercial Boulevard between NW 82nd Avenue and NW 84th Terrace for one non-residential water and sewer building connection, and one dumpster connection requiring 16 ERC's for water and 17 ERC's for sewer; requiring the payment of $53,000.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2000-336 December 13, 2000 Regular City Commission Meeting Minutes 4 �l f. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT - CITY FURNITURE PROJECT: (TR9181) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Advance Business Associates, L.L.P. for curbing, fences, sidewalks, trees and landscaping placed in a utility easement at the City Furniture Project located on the west side of Hiatus Road just south of McNab Road; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2000-337 g. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT - POINT VILLAS PROJECT: (TR9185) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Weintraub Development Corporation for signs, fences and landscaping placed in a utility easement at the Pointe Villas Project located on the south side of NW 771h Street between Nob Hill Road and NW 96' Avenue; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2000-338 h. ALBERTSON'S - UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT: (TR9040) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with The Family Mart Shopping Center of Tamarac Joint Venture for landscaping placed in a utility easement at the Albertson's Project located on the northeast corner of University Drive and McNab Road, authorizing and directing the City Clerk to record said Agreement in the public records of Broward County. RESOLUTION NO. R2000-339 i. REMETERING AGREEMENT WITH_AIMCO/OTC QRS, INC.: (TR9046) Accepting and executing a Remetering Agreement with AIMCO/OTC QRS, Inc., for the Boardwalk Apartments to allow remetering the water service for the purpose of allocation of the direct cost of water and sewer service among multiple users subject to the terms of the applicable developer's agreement and in accordance with City Code Section 22-30, "Limitations of Use". REMOVED FROM CONSENT AGENDA FOR DISCUSSION j. APPLICATION TO EQUIP AN EMERGENCY RESPONSE UNIT: (TR9197) Authorizing the appropriate City Officials to seek grant funding from the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Municipal Grant program in an amount not to exceed of $50,000 to acquire and equip an emergency response unit; providing for a City match of $109,882 in -kind for a total project cost not to exceed $159,882. REMOVED FROM THE AGENDA k. THE BROWARD CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS & EDUCATION PROGRAM: (TR9224) Approving the Parks and Recreation Department's Grant application to the Broward County Cultural Affairs Council for a grant in the amount of $10,630.00 with a City match of $10,630.00 for the Broward Cultural Affairs Council Community Arts & Education Program to December 13, 2000 Regular City Commission Meeting Minutes 5 provide a series of classes and workshops, and a community event presentation/exhibition in the cultural arts, provided through a partnership with the White Willis Theatre, Inc., in FY 2002 at City of Tamarac Recreation Facilities. RESOLUTION NO. R2000-340 I. TRUST FUND APPLICATION TO CONSTRUCT AN EMERGENCY OPERATIONS CENTER: (TR9198) Authorizing the appropriate City Officials to seek grant funding from the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program in the amount of $175,000 for the construction of an Emergency Operations Center; providing for a City match of $510,000 in cash and $104,591 in -kind for a total project cost of $789,591. RESOLUTION NO. R2000-341 M. GRANT FUNDS - INTEGRATED WASTE MANANGEMENT: (TR9217) Accepting grant funds in the amount of $7,014 from the Broward County Office of Integrated Waste Management; authorizing the amendment of the Budget, including appropriation and any necessary transfers of said funds; authorizing the appropriate City Officials to execute an agreement between the City of Tamarac and the Broward County Office of Integrated Waste Management for the Thirteenth Year Recycling Grant Program. RESOLUTION NO. R2000-342 n. TRUST FUND APPLICATION TO MAKE THE COMMUNITY CENTER AVAILABLE FOR USE AS A POST DISASTER SHELTER BY INSTALLING A GENERATOR: (TR9199) Seeking grant funding from the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program in the amount of $105,000 for a generator for the Community Center; providing for a City match of $3,890,000 in -kind for a total project cost of $3,995,000. RESOLUTION NO. R2000-343 o. CONTRACT SERVICE ARRANGEMENT AGREEMENT WITH BELL SOUTH TELECOMMUNICATIONS, INC.: (TR9020) Executing a Contract Service Arrangement Agreement with Bell South Telecommunications, Inc., converting the existing Megalink and Megalink Channel Communication Service (MUMLCS) at City Hall to Primary Rate ISDN (PRI) Service at a cost of $1,150.15 per month for a period of forty-nine months plus the cost of installation in the amount of $92.00. RESOLUTION NO. R2000-344 p. T & H ACQUISITIONS - CASE NO. 10-P-00 - MF #03-78: (TR9215) Granting a Vacation of Easement of a Utility and Drainage Easement within the Mainlands of Tamarac Lakes Unit Fifteen Plat located at the southeast corner of McNab Road and Brookwood Boulevard; specifically all of Lot 1, less the north 2 feet thereof, and the west 75 feet of Lot 2, Block 248, less the north 2 feet thereof, of the Mainlands of Tamarac Lakes Unit Fifteen Plat, according to the Plat thereof December 13, 2000 Regular City Commission Meeting Minutes 6 1 as recorded in Plat Book 71, Page 3 of the Public Records of Broward County, Florida; Case No. 10-P-00. RESOLUTION NO. R2000-345 q. AGREEMENT-FLORIDA TREND MAGAZINES, INC: (TR9216) Executing an Agreement between the City of Tamarac and Trend Magazines, Inc. for an advertorial in Florida Trend and Business Florida 2002 at a cost of $22,780.00 and for production and reprints at a cost of $400.00 and $756.00 respectively for an amount not to exceed $23,936.00. RESOLUTION NO. R2000-346 r. PURCHASE PORTABLE RADIOS & ACCESSORIES: (TR9223) Authorizing the purchase of twenty-six (26) portable radios and assorted accessories including batteries, belt loops, remote speaker microphones, and chargers from Motorola, based on the Broward County Contract #D03961134 at a total cost not to exceed Seventy -Four Thousand One Hundred Twenty -One Dollars ($74,121.00). RESOLUTION NO. R2000-347 S. AFFORDABLE AND ADEQUATE WINDSTORM INSURANCE COVERAGE: (TR9222) Supporting State Legislation that makes affordable and adequate windstorm insurance coverage options available to Florida property owners; directing the City Clerk to send a copy of this resolution to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration during the 2001 Legislative Session. RESOLUTION NO. R2000-348 t. DIRECTOR OF FINANCE: (TR9227) Appointing Robert M. Lange as Director of Finance, effective December 18, 2000. RESOLUTION NO. R2000-349 END OF CONSENT AGENDA 8(i). REMETERING AGREEMENT WITH AIMCO/OTC_QRS, INC.: (TR9046) Accepting and executing a Remetering Agreement with AIMCO/OTC QRS, Inc., for the Boardwalk Apartments to allow remetering the water service for the purpose of allocation of the direct cost of water and sewer service among multiple users subject to the terms of the applicable developer's agreement and in accordance with City Code Section 22-30, "Limitations of Use". Commissioner Portner seconded by Vice Mayor Roberts moved approval. Vice Mayor Roberts questioned how this would affect a renter whose water is included in the lease. Utilities Director Gagnon explained that the water bill would be sent to the owner, who would then charge each tenant according to usage. City Attorney Kraft said it would depend on how the lease was written. Commissioner Portner asked if the City is on Phase I or Phase II of water restrictions, and Utilities Director Gagnon said we are on Phase I and it is anticipated we will move to Phase II within the next 90 days. On roll call Commissioner Partner voted "yes", Vice Mayor Roberts "no", and Mayor Schreiber "yes". Motion failed. December 13, 2000 Regular City Commission Meeting Minutes 7 REGULAR AGENDA 9. REVISING THE CITY COMMISSION VOTING SEQUENCE: (TR9179) Amending Resolution No. R-97-303, revising Section 2, Paragraph 9.2 of the Rules of Procedure of the City Commission, revising the City Commission Voting Sequence. City Attorney Kraft read Temporary Resolution 9179, Revision #1 by title. Vice Mayor Roberts seconded by Commissioner Portner moved to table Temporary Resolution 9179 to January 10, 2001. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. TABLED TO THE CITY COMMISSION OF JANUARY 10, 2001 Commissioner Portner seconded by Vice Mayor Roberts moved to add Temporary Resolution 9228 to the regular agenda as Item 11, and Temporary Resolution 9230 to the regular agenda as Item 12. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE - FIRST READING 10. TELECOMMUNICATIONS - TERMS AND CONDITIONS: (TO1917) Motion to Adopt Ordinance on first reading creating Chapter 5.6 of the City Code, entitled Telecommunications, Sections 1 through 16, providing the terms and conditions for the erecting, constructing, and maintaining of a telecommunications facility in the City's public rights of way for the provision of telecommunications service; providing for codification; providing for conflicts; providing for savings; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Ordinance 1917 on first reading by title. Commissioner Partner seconded by Vice Mayor Roberts moved approval. Assistant City Manager Hemstreet gave a presentation. Commissioner Portner said Tamarac had trouble with MediaOne repairing damage to citizens' property and asked what assurances Tamarac will have from telecommunications people to take care of repairs immediately. Jorge Cruz-Bustillo, Telecommunications Counsel, said the ordinance contains a provision for damage to third parties. Mayor Schreiber said we the telecommunications companies should be made to post a bond, and Mr. Bustillo said the ordinance provides for construction and performance bonds to be posted, and he will review the ordinance and make sure that the damage issue is addressed. City Manager Miller said he received correspondence from Holland & Knight and BellSouth, which he will distribute to the Commission. Attorney Barbara Hall, Greenberg, Traurig, et al., representing TCG South Florida, said she would like to see some changes to the ordinance, and she will be providing a letter to the Commission. Ms. Hall said some issues have already been addressed, but she has not seen the final changes. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING DECEMBER 13, 2000 December 13, 2000 Regular City Commission Meeting Minutes 8 F 11. EXECUTING AND DELIVERING LEASE DOCUMENTS IN CONNECTION WITH PROPOSED FINANCING OF AN AS400 COMPUTER SYSTEM: (TR9228) Motion to approve Resolution authorizing the appropriate City officials to execute and deliver certain lease documents in connection with the proposed financing of an AS400 Computer System in an amount not to exceed $140,500 under a master lease - purchase agreement between the City of Tamarac and Kislak National Bank; amending the annual budget of estimated revenues and expenditures for the purchase. City Attorney Kraft read Temporary Resolution 9228 by title. Commissioner Partner seconded by Vice Mayor Roberts moved approval. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-350 12. HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND UNIVERSITY HOSPITAL & MEDICAL CENTER -FLU SHOTS: (TR9230) Executing a Hold Harmless Agreement between the City of Tamarac and University Hospital & Medical Center relating to University Hospital & Medical Center donating and administering eight hundred (800) free flu shots to the Tamarac residents and City Employees at the Tamarac Community Center on Tuesday, December 19, 2000, or any subsequent date in the event of cancellation. City Attorney Kraft read Temporary Resolution 9230 by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes°, and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-351 There being no further business to come before the City Commission, Mayor Schreiber adjourned the Regular Meeting of the City Commission at 8:10 p.m. MAMON SEEN ON, CIVIC CITY'bLERK CITY OF TAMAJJAC APPROVED AT WTETING OF December 13, 2000 Regular City Commission Meeting Minutes 9