HomeMy WebLinkAbout2005-12-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY DECEMBER 14, 2005
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 p.m. on Wednesday, December 14, 2005 in Chambers at Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
Commissioner Edward C. Portner led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by City Manager Miller of Certificates of Appreciation to Mayor Joe
Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner,
Commissioner Marc L. Sultanof, Commissioner Karen L. Roberts and Mrs. Helen
Portner in recognition of their generous service to the community in the aftermath of
Hurricane Wilma. City Manager Miller said there are not many opportunities to make
presentations to the Mayor and City Commission. During the aftermath of Hurricane
Wilma the Mayor and City Commission showed a great sense of responsibility to the
citizens of Tamarac, as well as higher levels of government. The Mayor and City
Commission participated in delivering ice, food and water to our citizens, had a
tremendous calming influence and demonstrated great leadership. We truly appreciate
all they accomplished during this stressful time. Additionally, Helen Portner assisted
staff by working in the kitchen every day.
REPORTS
2. City Commission: Mayor Schreiber wished everyone a happy and healthy
holiday. Mayor Schreiber spoke of site plan approvals, and said when developments
are completed the buildings do not look like the site plans; some resemble barracks,
and this does not do justice to Tamarac. Mayor Schreiber said he would like legislation
passed requiring all applicants for site plan approval to also provide documentation
showing what the actual finished product will look like. City Manager Miller said
legislation will be provided to the Mayor and City Commission for discussion at a future
workshop session.
Commissioner Portner said this is a time of year when everyone comes together to
honor all religions, and he extended wishes to everyone for a Merry Christmas, Happy
Hanukah, and Happy Kwanzaa.
December 14, 2005
Page 1 of 11
Commissioner Roberts wished everyone a happy and healthy holiday and thanked the
residents and staff for honoring the Mayor and City Commission for helping the
community. Commissioner Roberts said it was rewarding to assist the residents who
were in need of food, water, ice, or just needed someone to talk to after the storm.
Commissioner Sultanof wished everyone a happy and healthy holiday. Commissioner
Sultanof advised that people in the county thought Tamarac did a wonderful job after
Hurricane Wilma, with residents joining together and trying to help each other.
Commissioner Sultanof thanked staff and residents for all their efforts.
Vice Mayor Flansbaum-Talabisco wished everyone a happy holiday. Vice Mayor
Flansbaum-Talabisco thanked City Manager Miller and staff for the award given to the
Mayor and City Commission today, and for their continuing efforts to return the city to a
state of normalcy.
3. City Attorney: City Attorney Goren thanked the Mayor and City Commission for
giving him the honor of serving as City Attorney for the City of Tamarac and wished
everyone a happy and healthy holiday.
4. City Manager: City Manager Miller reported that Purchasing/Contracts Manager
Glatz was elected to serve a one-year term as president of the Southeast Florida
Chapter of the National Institute of Governmental Purchasing. Mr. Glatz is relatively
new to South Florida and the city is proud of his accomplishment. City Manager Miller
recognized Deputy Fire Chief Schuldt who was recommended by the International
Association of Fire Chiefs for the National Model for Mutual Aid to Disasters. Deputy
Fire Chief Schuldt was selected for this honor based on his involvement and success in
managing disaster recovery throughout Florida last year and in Mississippi this year.
Chief Budzinski has been reappointed to the Southeast Board of Fire Code
Administrators. On December 6t" Tamarac was named the Best Practices Organization
for Training and Development for creation of the Sterling Committee to turn our
workforce into a high performance organization. City Manager Miller congratulated
Human Resources Director Swanson and staff as well as Management Analyst Hughes
and Training Specialist Reinert. Additionally, the City of Tamarac was recognized by
the Broward County Commission for receipt of this award. City Manager Miller wished
everyone a happy holiday.
5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac,
wished the commission a happy holiday and said the plaques awarded the commission
tonight are well deserved. Mr. Schneider suggested a town meeting be held so the
public could exchange ideas and mentioned communication outages throughout the
community after Hurricane Wilma and the need for adequate emergency power.
Jack Cabot, 5802 NW 81 Terrace, Tamarac, thanked the Mayor and City Commission
for responding to his request for a sidewalk linking Tuscany Town Homes to his
neighborhood. Mr. Cabot spoke of trees that need attention, in particular the Sunset
area at approximately 84th Avenue. Mr. Cabot wished the Mayor and City Commission
a happy holiday. Mayor Schreiber responded the information was submitted to the City
Manager today, and additional FEMA regulations may enable cities to extend the time
December 14, 2005
Page 2 of 11
1
limit for cleanup six or more months. Mayor Schreiber asked City Manager Miller to
follow up on this so the City of Tamarac can remove debris that was not put out earlier.
Patti Lynn, 6411 NW 58 Street, Tamarac, distributed information to the Mayor and City
Commission from Gabriel, Roeder, Smith & Company (a copy of which is attached
hereto and incorporated as part of these minutes) with regard to the Tamarac Police
Officers' Pension Trust Fund. Ms. Lynn spoke of issues relating to the 185 funds and
asked that the ordinance be placed on the upcoming agenda for commission action.
Mayor Schreiber said the Mayor and City Commission are aware of the matter and the
question still to be resolved is the distribution of the funds. City Attorney Goren added it
is anticipated the item will be on the January agenda; staff, Attorney Sugarman and
Attorney Klausner are reviewing the documents and it is hoped the issues will be
resolved for January. Ms. Lynn spoke of the Aquatic Center item and the fact that at
Monday's workshop there was discussion about lack of information with regard to the
second bidder. Mayor Schreiber said the information was received and any time there
is more than one bidder for a project, every bid should be presented to the Mayor and
City Commission.
CONSENT AGENDA
6. Commissioner Roberts asked that item 6(h) be removed from the consent
agenda for discussion. BID AWARD AND AGREEMENT — SWIMMING POOL
MANAGEMENT SERVICESAT CAPORELLA AQUATIC CENTER: (TR10850)
Awarding RFP 05-13R and executing an agreement with Jeff Ellis Management, LLC,
for swimming pool management services at the Caporella Aquatic Center, for an
amount not to exceed $700,453.00, plus shared revenues, for a two-year contract;
approving funding from the appropriate account.
Commissioner Roberts asked that item 60) removed from the consent agenda for
discussion. AGREEMENT — FEDERAL LOBBYING SERVICES: (TR10851) Executing
an agreement between the City of Tamarac and the Russ Reid Company for federal
lobbying services; authorizing budget transfers as necessary for proper accounting
purposes.
Commissioner Portner seconded by Commissioner Sultanof moved approval of all items
on the consent agenda except for Items 6(h) and 60), which were removed for
discussion. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-
Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and
Commissioner Portner "yes. Motion carried.
a. APPROVE the minutes of the November 23, 2005 Regular City Commission
meeting.
APPROVED
December 14, 2005
Page 3 of 11
b. PURCHASE OF PUMPS AND APPURTENANCES FROM SANDERS
COMPANY, INC.: (TR10854) Purchasing pumps and appurtenances from Sanders
Company, Inc., a sole source distributor of Smith & Loveless, Inc., supplies for the
maintenance and replacement of wastewater pump stations; authorizing expenditures
for said purposes from Sanders Company, Inc., for an amount not to exceed $65,000
for Fiscal Year 2006.
RESOLUTION NO. R2005-221
C. PURCHASE OF PUMPS AND APPURTENANCES FROM ABS PUMPS INC.:
(TR10855) Purchasing pumps and appurtenances from ABS Pumps, Inc., a sole source
supplier, for the maintenance and replacement of wastewater pump stations;
authorizing expenditures for said purposes from ABS Pumps, Inc., for an amount not to
exceed $120,000 for Fiscal Year 2006.
RESOLUTION NO. R2005-222
d. SUBMISSION OF HOME PROGRAM DESCRIPTION: (TR10843) Approving
the submission of the HOME Program Description to Broward County for the use of
funds through the HOME Investment Partnerships Program Consortium Fiscal Year
2006/2007 for the City of Tamarac's Minor Home Repair Program with an option to shift
funding into the First -Time Homebuyer Program; approving the federally required set -
aside of fifteen percent (15%) for Community Housing Development Organizations
(CHDOS) (Case No.15-MI-05).
RESOLUTION NO. R2005-223
e. MEMORANDUM OF UNDERSTANDING — ADMINISTRATION OF THE HOME
FUNDING PROGRAM FOR FY2004/2005: (TR10844) Approving the Memorandum of
Understanding ("MOU") between Broward County and the City of Tamarac for the
administration of the HOME Funding Program for FY2004/2005 in the estimated amount
of one hundred forty six thousand two hundred and seventeen dollars ($146,217.00) to
assist up to seven (7) recipients with housing rehabilitation (Case No. 16-MI-05).
RESOLUTION NO. R2005-224
f. BILL OF SALE ABSOLUTE — PRESTIGE COMMONS PROJECT: (TR10857)
Accepting a Bill of Sale Absolute from Prestige Homes of South Florida, Inc., for the
Water Distribution and Sewage Collection System Improvements installed for the
Prestige Commons Project, located on the NE corner of Nob Hill Road & Southgate
Boulevard, for City ownership; authorizing and directing the City Clerk to record said
document in the public records of Broward County.
RESOLUTION NO. R2005-225
g. AGREEMENT — TAMARAC ATHLETIC FEDERATION INC.: (TR10859)
Executing an agreement between the City of Tamarac, the Tamarac Athletic Federation,
Inc., and TAF member leagues to provide for organized sports activities.
RESOLUTION NO. R2005-226
h. BID AWARD AND AGREEMENT — SWIMMING POOL MANAGEMENT
SERVICES AT CAPORELLA AQUATIC CENTER: (TR10850) Awarding RFP 05-13R
and executing an agreement with Jeff Ellis Management, LLC, for swimming pool
management services at the Caporella Aquatic Center, for an amount not to exceed
$700,453.00, plus shared revenues, for a two-year contract; approving funding from the
appropriate account.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
December 14, 2005
Page 4 of 11
i. CHANGE ORDER — SECURITY ENHANCEMENTS FOR PUMP STATIONS:
(TR10861) Executing Change Order Number 6 to the agreement between the City of
Tamarac and Wharton -Smith, Inc. for the additional cost and time incurred for the
addition of security enhancements for perimeter fences for west, central and east pump
stations; authorizing an additional expenditure in an amount not to exceed $90,811.00
for said purpose.
RESOLUTION NO. R2005-227
j. AGREEMENT — FEDERAL LOBBYING SERVICES: (TR10851) Executing an
agreement between the City of Tamarac and the Russ Reid Company for federal
lobbying services; authorizing budget transfers as necessary for proper accounting
purposes.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
k. ACCEPTING THE CLASSIFICATION AND PAY STUDY: (TR10865)
Implementing the Classification and Compensation Study prepared by MGT of America
effective October 1, 2005.
RESOLUTION NO. R2005-228
I. AGREEMENT WITH FPE FOR THE PERIOD OCTOBER 1 2005 THROUGH
SEPTEMBER 30, 2008: (TR10866) Executing an agreement with the Federation of
Public Employees, a division of the National Federation of Public and Private
Employees affiliated with District 1-MEBA (AFL-CIO) for the period from October 1,
2005 through September 30, 2008.
RESOLUTION NO. R2005-229
M. PURCHASE OF FIRE APPARATUS VEHICLE AND EQUIPMENT — HALL-
MARK FIRE_ APPARATUS, INC.: (TR10858) Purchase a fire apparatus vehicle 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 $415,951; authorizing the disposal of a 1997 Emergency One
Pumper via trade-in.
RESOLUTION NO. R2005-230
n. ANNUAL SOFTWARE MAINTENANCE FEES — HTE INC.: (TR10863) Issuing
payment of current and future annual software maintenance fees to H.T.E., Inc. as
provided in the annually approved budget.
RESOLUTION NO. R2005-231
o. APPOINTING ONE RESIDENT TRUSTEE TO THE FIREFIGHTERS PENSION
BOARD: (TR10841) Appointing one resident trustee to the Firefighters Pension Board
to serve a two-year term ending December 14, 2007.
RESOLUTION NO. R2005-232
P. APPOINTING ONE RESIDENT TRUSTEE TO THE POLICE PENSION BOARD:
(TR10842) Appointing one resident trustee to the Police Pension Board for a two-year
term ending January 28, 2008.
RESOLUTION NO. R2005-233
END OF CONSENT AGENDA
6h, BID AWARD AND AGREEMENT — SWIMMING POOL MANAGEMENT
SERVICES AT CAPORELLA AQUATIC CENTER: (TR10850) Awarding RFP 05-13R
and executing an agreement with Jeff Ellis Management, LLC, for swimming pool
management services at the Caporella Aquatic Center, for an amount not to exceed
December 14, 2005
Page 5 of 11
$700,453.00, plus shared revenues, for a two-year contract; approving funding from the
appropriate account. Commissioner Roberts asked if the 'rainy day' clause was added
to the agreement and Interim Director of Parks and Recreation Warner replied Mr. Ellis
indicated during the workshop he had no problem with the clause. City Attorney Goren
said the preferable option would be to approve the resolution this evening based on the
recommendation of staff to add that item at a future time. Mayor Schreiber asked if the
bid requirements were for a two year period, and questioned the fact that there was no
mention of shared revenue in the Champion bid, while the agreement submitted by Mr.
Ellis contains shared revenue language. Interim Director of Parks and Recreation
Warner said the RFP was for a two year agreement and Champion only bid for one
year. Ellis and Champion both gave live presentations and Ellis was the most qualified
responsive bidder. Vice Mayor Flansbaum-Talabisco spoke of hours of operation,
discussed at the workshop, and asked that this be reviewed at this time since
Commissioner Roberts missed Monday's afternoon workshop discussion. Vice Mayor
Flansbaum-Talabisco confirmed that Champion has been in operation since 1998 while
Ellis has been operating since 1983. Interim Director of Parks and Recreation Warner
replied base hours will be reviewed when Ellis comes on board so we can gain their
professionalism. Interim Director of Parks and Recreation Warner said he would like to
open the pool with some base hours to start and then create a history of three months
to one year; expansion of hours of operation will be addressed if there is a need.
Commissioner Roberts questioned the base hours and weekend hours. Interim Director
of Parks and Recreation Warner said at this time he foresees 9:00 a.m. — 5:00 p.m. or
9:00 a.m. — 6:00 p.m.; it will be a seven day operation, with closures on some holidays.
Weekend hours will be either 9:00 a.m. — 5:00 p.m. or 9:00 a.m. — 6:00 p.m.
Commissioner Roberts said a lot of residents work and do not get home in time to get to
the pool by 5:00 or 6:00 p.m. Interim Director of Parks and Recreation Warner
explained other facilities have the same hours, and facilities that have longer hours
reported they do not get a good turnout. Tamarac will be responsive to the residents'
needs. Commissioner Portner said he felt the pool should be open from 7:00 a.m. to
7:00 or 8:00 p.m. Vice Mayor Flansbaum-Talabisco confirmed Ellis would come in two
months before opening to work with staff and the community, and suggested keeping
longer hours of operation a few days each week to see how that works out.
Commissioner Sultanof asked about lighting should the pool be open during the evening
hours and Interim Director of Parks and Recreation Warner said there is sufficient
lighting for special events. Commissioner Sultanof asked if people who have to work
would be able to swim at 7:00 a.m. and Interim Director of Parks and Recreation
Warner said that is the plan. Commissioner Sultanof said it would be better to establish
experience as it relates to other pools and see how things go over a three month period.
Mayor Schreiber said the pool hours could be expanded if necessary, but the city
should notify Ellis that there may be a change in hours. Interim Director of Parks and
Recreation Warner said this has been discussed with Ellis. City Attorney Goren read
Temporary Resolution 10850 by title. Commissioner Roberts seconded by Vice Mayor
Flansbaum-Talabisco moved approval. On roll call Vice Mayor Flansbaum-Talabisco
voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2005-234
December 14, 2005
Page 6 of 11
6 j. AGREEMENT — FEDERAL LOBBYING SERVICES: (TR10851) Executing an
agreement between the City of Tamarac and the Russ Reid Company for federal
lobbying services; authorizing budget transfers as necessary for proper accounting
purposes. Commissioner Roberts said she does not know whether it is appropriate at
this time to spend $120,000 for a lobbyist as there is no guarantee we will get federal
funding in the first year. Mayor Schreiber said there were three bidders for federal
lobbyist and the lowest bidder was the most experienced. Other bidders offered the
same service for $6,000 per month, which is a $48,000 savings over the year.
Commissioner Portner said all three firms made good presentations however the Russ
Reid Company was better than the rest. Commissioner Portner agreed there is no
guarantee of funding but the county and state lobbyists have had good results for
Tamarac, and he urged the Mayor and City Commission to pass the resolution for the
Washington lobbyists. Commissioner Portner added this was his idea and there is a lot
of federal money available and at the end of the year if the Mayor and City Commission
are not happy with the results they do not have to renew the contract. Vice Mayor
Flansbaum-Talabisco agreed the Russ Reid Group gave the best presentation and
Tamarac deserves the best. At the end of the year the Mayor and City Commission can
sever the relationship if they are not happy with the results. Commissioner Sultanof
said there is a shift in dollars and cents from the federal government. Many of the
people working for the Russ Reid Company are people who worked as aides for
Senators and Representatives. City Attorney Goren read Temporary Resolution 10851
by title. Commissioner Portner seconded by Commissioner Sultanof moved approval.
On roll call Mayor Schreiber voted "no", Commissioner Roberts "no", Commissioner
Portner "yes", Commissioner Sultanof "yes", and Vice Mayor Flansbaum-Talabisco
"yes". Motion carried.
RESOLUTION NO. R2005-235
REGULAR AGENDA
7. AWARD OF BID NUMBER 05-19B FOR THE SOUTHGATE BOULEVARD
STREETSCAPE IMPROVEMENT PROJECT: (TR10834) Motion to approve Resolution
awarding Bid Number 05-19B to Tenex Enterprises, Inc. and executing a contract with
Tenex Enterprises, Inc., the most responsive and responsible bidder for an amount of
$1,239,469.26 for the Southgate Boulevard Streetscape Improvement Project,
authorizing the City Manager to make necessary additions, deletions or revisions to the
work plan pursuant to Section 6-156 of the Code of the City of Tamarac, Florida;
authorizing budgetary transfers as necessary for proper accounting purposes. City
Attorney Goren read Temporary Resolution 10834 Revision #1 by title. Commissioner
Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval.
Commissioner Roberts asked for an explanation of the plan for Southgate Boulevard.
Public Works Director Strain said there currently exists a four -lane road with large
medians which will be turned into a two lane meandering road with islands and two
roundabouts and landscaping. Commissioner Roberts questioned the time frame for
construction and Public Works Director Strain said it is expected the project will begin in
the next two months and be completed prior to the end of 2006. Commissioner Roberts
questioned signage for the roundabouts and Public Works Director Strain said there will
be signs. Commissioner Sultanof confirmed portions of the northern two lanes heading
west will be removed and there will be more green space. Commissioner Sultanof
December 14, 2005
Page 7 of 11
asked if Public Works Director Strain expected a problem controlling traffic leading into
Westwood 24 and Sanibel and Public Works Director Strain replied that the contract
calls for at least two lanes passable at all times during construction. Additionally, the
subdivisions abutting the road have alternate ingress/egress. Commissioner Roberts
confirmed the speed limit will be reduced from 45 mph to 35 mph. Mayor Schreiber
asked if any work would be done on the linear park while road work was in progress and
Public Works Director Strain said construction on Phase 1 and 1A may be started prior
to the completion of the road. Mr. Cabot, 5802 NW 81 Terrace, Tamarac spoke of the
fact that local drivers may not be successful on two-lane roads. Commissioner Portner
questioned rain days in the contract and Public Works Director Strain said the contract
can be extended if justified. Sam Schwartz, Concord Village, Tamarac, asked for the
maps on the screen to be made larger so the details are more visible and questioned
emergency vehicles on the road and how the new roadway will affect the water supply
and pipe lines. Public Works Director Strain said the infrastructure will not be affected,
but some stormwater structures will have to be expanded. On roll call Commissioner
Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Partner "yes", Vice
Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2005-236
8. PURCHASE OF 10t ACRE PARCEL: (TR10862) Motion to approve Resolution
authorizing the proper city officials of the City of Tamarac to proceed with the purchase
from SRDE Realty, L.L.C. the real property as fully described on the legal description
which is attached hereto as Exhibit "A" for the purchase price of Six Million Eight
Hundred Sixty Thousand Six Hundred Fifty Two Dollars ($6,860,652.00), plus
applicable costs and attorney fees. City Attorney Goren read Temporary Resolution
10862 by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco
moved approval. Commissioner Portner said the city will pay $1 million more than the
appraised value, and questioned the method of appraising. Attorney Eakin explained
the appraisals were the fair market value as of today's date. Since there are not a lot of
recent comparable sales close to today's date the appraisers had to use sales that
occurred one-two years ago. City Attorney Goren explained according to statutes the
acquisition requires a specific number of votes since the appraised value is less than
the amount the agency will pay. Commissioner Roberts stated the B-3 zoned property
is going for $19.00 - $21.00 sq. ft., but the property in question is zoned light industrial
which is lower in value. Mayor Schreiber said the purchase of this property will expand
city facilities and we can sell some of the unused acreage at a later date. City Attorney
Goren reminded the Mayor and City Commission that under the terms of the statutes a
4/5 vote is required to pass the resolution. On roll call Commissioner Roberts voted
"yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor
Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2005-237
L
December 14, 2005
Page 8 of 11
ORDINANCES — FIRST READINGS
9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-229
"SPECIAL APPROVAL FOR PLOTS WITH MULTIPLE STRUCTURES OR
PRINCIPAL STRUCTURES EXCEEDING PERMISSIBLE LENGTH": (TO2103)
Motion to adopt Ordinance on first reading amending Chapter 24 of the Code of
Ordinances entitled, "Zoning", Article III entitled, "District Regulations", Division 9
entitled, "RM-10 Planned Apartment District", amending Section 24-229 entitled,
"Special Approval for Plots with Multiple Structures or Principal Structures Exceeding
Permissible Length", changing name of section title to "Site Design and Performance
Standards for RM-10 Planned Apartment District", eliminating the requirement for
Special Exception approval, amending text relating to the minimum distance between
buildings or wings of buildings in order to eliminate inconsistencies and modifying
existing text, providing additional site design and performance standards for site plan
review and approval of new residential projects in the RM-10 zoning district (Case No.
21-Z-05); providing for codification. City Attorney Goren read Temporary Ordinance
2103 on first reading by title. Commissioner Sultanof seconded by Vice Mayor
Flansbaum-Talabisco moved approval. Mayor Schreiber questioned permissible length
and removing special exceptions. Community Development Director King said this is a
housekeeping issue as there are conflicts in the code, and special exceptions in these
instances incur an unnecessary cost to the developer. Commissioner Roberts
questioned buildings attached by walkways and Community Development Director King
said the structures are attached via roof structures. The Mayor and City Commission
will still have the authority, through site plan review, to require the developer to do
anything they may feel is necessary. On roll call Vice Mayor Flansbaum-Talabisco
voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner
Sultanof "yes", and Commissioner Roberts "yes". Motion carried.
ADOPTED ON FIRST READING DECEMBER 14, 2005
10. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-193
"PERMITTED USES": (TO2104) Motion to adopt Ordinance on first reading amending
Chapter 24 of the Code of Ordinances entitled, "Zoning", Article III entitled, "District
Regulations", Division 7 entitled, "R-3 Low Density Multifamily Residential District",
amending Section 24-193 entitled, "Permitted Uses", eliminating the requirement for
Special Exception approval and requiring that new residential developments adhere to
the site design and performance standards set forth in Section 24-250 (Case No. 22-Z-
05); providing for codification. City Attorney Goren read Temporary Ordinance 2104 on
first reading by title. Commissioner Portner seconded by Vice Mayor Flansbaum-
Talabisco moved approval. On roll call Commissioner Portner voted "yes",
Commissioner Roberts "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber
"yes", and Commissioner Sultanof "yes". Motion carried.
ADOPTED ON FIRST READING DECEMBER 14, 2005
11. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-250
"SPECIAL EXCEPTIONS FOR PLOTS WITH MULTIPLE STRUCTURES OR
PRINCIPAL STRUCTURES EXCEEDING PERMISSIBLE LENGTH": (TO2105) Motion
to adopt Ordinance on first reading amending Chapter 24 of the Code of Ordinances
entitled, "Zoning", Article III entitled, "District Regulations", Division 10 entitled, "R-4A
December 14, 2005
Page 9 of 11
Planned Apartment District", Section 24-250 entitled, "Special Exceptions for Plots With
Multiple Structures or Principal Structures Exceeding Permissible Length", changing
name of section title to "Site Design and Performance Standards for R-4A Planned
Apartment District", eliminating the requirement for Special Exception approval,
amending text relating to the minimum distance required between buildings or wings of
buildings in order to eliminate inconsistencies, and modifying existing text, providing
additional site design and performance standards for site plan review and approval of
new residential projects in the R-4A zoning district (Case No. 23-Z-05); providing for
codification. City Attorney Goren read Temporary Ordinance 2105 on first reading by
title. Commissioner Portner seconded by Commissioner Sultanof moved approval. On
roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes",
Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes".
Motion carried.
ADOPTED ON FIRST READING DECEMBER 14, 2005
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
12. CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT —
(CAPER FY20041: (TR10856) Motion to approve Resolution approving the
Consolidated Annual Performance Evaluation Report (CAPER FY2004) for the U.S.
Department of Housing & Urban Development (HUD)'s Community Development Block
Grant (CDBG) programs for HUD's fiscal year 2004; Case No.17-MI-05. City Attorney
Goren read Temporary Resolution 10856 by title. Commissioner Sultanof seconded by
Vice Mayor Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public
hearing. Jack Cabot, 6802 NW 81 Terrace, Tamarac, asked for an explanation.
Community Development Director King said under Florida statutes this is a required
yearly report addressing how the city spent the CDBG and SHIP funds for the past year.
With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll
call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner
Portner "yes", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2005-238
ORDINANCES — SECOND READINGS
13. AMENDING CHAPTER 24 OF THE TAMARAC CODE — DELETING DIVISION
11 "R-5 MOTEL DISTRICT" DIVISION 12 "T-1 TRAILER PARK DISTRICT" AND
DIVISION 21 "A-5 AGRICULTURAL -EVACUATION DISTRICT": (T02099) Motion to
adopt Ordinance on second _reading amending Chapter 24, "Zoning", Article III,
"District Regulations", by deleting Division 11, " R-5 Motel District", Division 12, "T-1
Trailer Park District", and Division 21, "A-5 Agricultural -Evacuation District" of the City of
Tamarac Code of Ordinances in their entirety as the zoning designations have not been
utilized and are no longer relevant to development occurring within the City of Tamarac
(Case No. 20-Z-05); providing for codification. City Attorney Goren read Temporary
Ordinance 2099 on second reading by title. Commissioner Portner seconded
Commissioner Sultanof by moved approval. Mayor Schreiber opened the public
hearing. Sam Schwartz, Concord Village, Tamarac questioned the prior designations
and what the designations would be changed to; Community Development Director King
December 14, 2005
Page 10 of 11
1
explained the designations will be eliminated. With no one else wishing to speak,
Mayor Schreiber closed the public hearing. On roll call Mayor Schreiber voted "yes",
Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner
"yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING NOVEMBER 23, 2005
ADOPTED ON SECOND READING DECEMBER 14, 2005
ORDINANCE NO.0-2005-26
14. TOWING SERVICES FRANCHISE AGREEMENT WESTWAY TOWING INC.:
(T02102) Motion to adopt Ordinance on second reading authorizing the appropriate
city officials to execute Agreement Amendment #1 pursuant to section 7.19 of the City
of Tamarac Charter; exercising the renewal provision of the agreement with Westway
Towing, Inc. providing for towing services for the City of Tamarac for an additional five
year period beginning January 1, 2006 through December 31, 2011; ratifying all prior
resolutions awarding a towing services franchise. City Attorney Goren read Temporary
Ordinance 2102, Revision #1 on second reading by title. Commissioner Sultanof
seconded by Commissioner Roberts moved approval. Mayor Schreiber opened the
public hearing and with no one wishing to speak, closed the public hearing. On roll call
Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor
Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes".
Motion carried.
ADOPTED ON FIRST READING NOVEMBER 23, 2005
ADOPTED ON SECOND READING DECEMBER 14, 2005
ORDINANCE NO.0-2005-27
QUASI-JUDICIAL HEARINGS
THERE WERE NO QUASI-JUDICIAL HEARINGS SCHEDULED FOR THIS MEETING
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the regular meeting of the city commission at 8:50 p.m.
JOE SCHREIBER, MAYOR
MARION SWENSON, CMC
CITY CLERK
December 14, 2005
Page 11 of 11
GABRIEL, ROEDER, SMITH & COMPANY
Consultants & Actuaries
301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL 33301-2254.954-527-1616 • FAX 954-525-0083
November 1 l , 2005
Board of Trustees
City of Tamarac Police Officers' Pension Trust Fund
c/o Mr. Pete Prior
Benefits USA Inc.
3810 Inverrary Blvd., Suite 208
Ft. Lauderdale, FL 33319-4381
Re: Tamarac Police Officers' Pension Trust Fund — Actuarial Impact Statement
Dear Trustees:
Enclosed please find letters to the Division of Retirement and the State Treasurer's Office including:
1. A summary of the purpose of the Ordinance, and a statement that costs were determined in
compliance with appropriate laws,
2. A statement of no impact to the Plan, and
3. A copy of the proposed Ordinance.
Please have the enclosed letters signed and add a letter from the City acknowledging the effect of the
Ordinance and stating that the additional cost, if any, will be covered by the City. Then send the
packages to Mr. Slavin and Ms. Shoemaker at the addresses shown on their respective letters.
If there are any questions, please contact us.
Sincerely,
Theora P. Braccialarghe, FSA
Senior Consultant & Actuary
TPB:rh
Enclosures
cc: Robert A. Surgarman, Attorney
GABRIEL, ROEDER, SMITH & COMPANY
Consultants & Actuaries
301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL 33301-2254 . 954-527-1616 • FAX 954-525.0083
November 11, 2005
Mr. Charles Slavin, Actuary
Division of Retirement
Bureau of Local Retirement Systems
P.O. Box 9000
Tallahassee, Florida 32315-9000
Re: Tamarac Police Officers' Pension Trust Fund — Actuarial Impact Statement
Dear Mr. Slavin:
Enclosed is a copy of Ordinance No. 0-05- amending the above -captioned retirement plan. This letter,
with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator.
The ordinance provides for an annual supplemental retirement benefit to be funded exclusively from annual
receipts of premium tax revenues. The ordinance will not add any cost to the Plan.
The cost determination was prepared and completed by me or under my direct supervision, and I acknowledge
responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my
opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII,
Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the
plan's assets for which liabilities or current cost have not been established or otherwise taken into account in
the cost determination. All known events or trends, which may require a material increase in plan costs or
required contribution rates have been taken into account in the cost determination.
Theora P. Braccialarghe, FSA, MAAA, FCA Date
Enrolled Actuary #05-02826
For the Pension Bo
Plan Administrator
Date
GABRIEL, ROEDER, SMITH & COMPANY
Consultants & Actuaries
301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL 33301-2254.954-527-1616 • FAX 954-525-0083
November 11, 2005
Ms. Patricia Shoemaker
Division of Retirement
Municipal Police Officers' & .Firefighters'
Retirement Trust Fund
P.O. Box 301.0
Tallahassee, Florida 32315-3010
Re: Tamarac Police Officers' Pension Trust Fund
Actuarial Impact Statement
Dear Ms. Shoemaker:
Enclosed is a copy of Ordinance No. 0-05- amending the above -captioned retirement plan. This letter,
with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator.
The ordinance provides for an annual supplemental retirement benefit to be funded exclusively from annual
receipts of premium tax revenues. The ordinance will not add any cost to the Plan.
The cost determination was prepared and completed by me or under my direct supervision, and I acknowledge
responsibility for the results. To the :nest of my knowledge, the results are complete and accurate, and in. my
opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII,
Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the
plan's assets for which liabilities or current cost have not been established or otherwise taken into account in
the cost determination. All known events or trends, which may require a material increase in plan costs or
required contribution rates have been taken into account in the cost determination.
Theora P. Braccialarghe, FSA, MAAA, FCA Date
Enrolled Actuary #05-02826
For the Pension Bo
Plan Administrator
Date
1- V I i Y V V V lllvl l 11 0 -IV 1 /1A
V�J. UUJ/ UUO
CITY OF TAMA,RAC, FLORIDA,
ORDINANCE NO.O-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; AMENDING CHAPTER lb,
PENSIONS AND RETIREMENT, ARTICLE VII - POLICE
OFFICERS PENSION TRUST FUND; PROVIDING FOR AN
ANNUAL SUPPLEMENTAL RETIREMENT BENEFIT TO BE
FUNDED ONLY FROM THE ANNUAL, RECEIPTS OF
ADDITIONAL PREMIUM TAX REVENUES MANDATED UNDER
CHAPTER 185; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND PROVIDING FOR AN EFFEC M DATE.
WHEREAS, Section, 185.35(l)(b), Florida Statutes mandates that, after all
minimum benefits are provided, "additional premium tax revenues" be used only to
provide extra benefits for the City's former police officers ; and
WHEREAS, the Board of Trustees of the Police Officers Pension Trust Fund in
order to comply with the aforementioned statute, recommends providing such extra
benefits in the form of an annual share of the additional premium tax revenue for
participants and their beneficiary survivors, to be funded each year only by additional
premium tax revenues and the Board of Trustees approved the proposed changes; and
WHEREAS, the City Commission has received and reviewed an actuarial impact
statement related to this change and attached as such; and
WHEREAS, the City Coril.mission of the City of Tamarac has deemed it to be in
the best interest or the citizens of the City of Tamarac to amend the Plant to reflect these
changes;
NOW THEREFORE, BE IT ORDAINED by the City Commission of the City
of Tamarac, Florida:
I/ v I/ k-vvV VIVII 11. 1 a I'AA
WJ- vuq/ UVU
Section 1. 'Fhat the foregoing whereas clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Chapter 16, Pens -ions and Retirement, Article V-1.1, Police Officer
Pension Plan, Division 4, Section 16-733, of the Tamarac Code is hereby amended by
,adding the following subparagraph (e),
Sec. 16-733 Calculation of benefit amount.
"Share Plan " I-T,,,hqEP-JL-h-e-re-b-Y-"r in addition io A.IL_qjjj�
b g! 2 1 � flt_s provided in this -, rtic - , LT
le. an annual--�,retirement
benefit. 112SLIMP .o1—whjchsllall bq-determined annually,based u�gn the
teceipt by theFunAM- "additional x&xrkvkAm,tax ,rqvenues," as defined,
in PArnryrnnb 1 RIr, 'IFW 1VM T.71—;A. Q*m-4— n.. T'%----L-- I Rt -- - - -I-
clayi-ake UM tax revenues from the ,5,t�teb Yinnin
ZQU.- each actives ILM-Pi-o,-ed Participant and P;kqkqjpAnt rec'v' g
retirement L_W A
,gensioL -ement
t.Ap4_9
-4-d—B !dn-g,_4 au ivor retii
benefit, -e,&g-qpL-dj54 -LyL-
L-xeqg��jan irsurvivors, shall be
..tp,giental r tiMment be -L t je��. inrd as fbllows
(1) Each actively-9-11!PlgY.e-d--R4,r-ti-c-i2a-n-t and -�each ,,-,INrIjciI2ant
receivine a retirement
Rily- benefit
1q.0 icnts, shall biz -tmjtied to one share for A:kc),j,v stin credit
ear._
(2) Each Beneficiary-...�ykl _A_,§�01ViVOT retirement
bone t„ except —survivors of disability benefit reci ients 5hall
be entitled to orre-half share -for .,each -.vestirlg credit Or V Pd by-
(3) If -abi Lity benefit and,
no—rmal-retirement -benef�t upon E. ki
en it
MOZAIE—neilt .1�194LP)4!,.5ggatt-o-iubsections I.--727(4)L4)_And bX3
Uhf�n-,uch ParticipapiLshall fter-b-
,A�erea beed tULone _Share
for each year of -��IMMLqe deElnevi 11 ,gqi Oil 16 -61
_5 6, shall not
lLe_entiticd-W ftt:p§�,_foLthe ..ye ", -hj�h_ the Pati q-ant
received disabijiy benefits and such Anrs qiary �swu�rvivor, if-any._AhqlLnot
.such
Ear
.. .. ... .. � .� .. .. � .. mob. ... " .-, .. ..
11/07/2005 MON 11:49 FAX 9005/006
(4) Fractional vesting credits .hall ent' an Eligibly Partici ant to
the samefraction share and et�titic an eligible _ Bene�'lciary
survivor to one:.h.alf of the same acticzrtals�l arc;
(5) The juYnlber of shares ancl_tractjQnai shared to which,ach. such
Particilrit and Beatefjciary survivorentitled shall be adcleci
to nether, Tl1e total shares thus determined shall he divided i11to
,..
t of amo �t fl all_ _`_`addit' Dal rcxnium tax rev Dues"
received by the Fund, Burin that tale darwyear re ran ess._c�f
the ear jo which the rvSnues rc1 to _The resultin = uoticnt
h all l!e thg value o one share•
(6)The amount to be paid to each such articl ant and each such
Bcneficiit Aber be calouI a ted b molt 11 rtg the
value of,one (lI$Mre_hY the total num of shares to which
each such 'articipant_c?r,Beneficiw surviv r entitled,
S,lipplemental retirement benefit paylraents uDder this scctac�n may anly be
paid to eli�zi ie�memijers who have rcAJRd, ,Ind commenced receipt of
nor al r tine enenet The
�1 o rata allocati�r�, if arlyfor activelX
cmnl4�ed.„participants who have not rok] —, . l be 1 cld '1 trust
Ian, until the activcl em l X..the
l?cn�n_,pl n y_- ....,A o,�'ed ' rtici ant attains _.normal
retirement. /� fter co lncncerr�ent. o r retirement ben�ts� e1 h eligible
member shall rc ivc lur sutra balance of anY accumulated_ pro rata
allocations a�Yd_ shall, thereafter receive ann_ual�ro_ rat.a altocation_
Ent;t_J.edue on t7ec n-uber I" of each vear (nr witli;,, tln
..IIAV1k;L Ll1Clin Ke zne a me t 15 madeand hag selected a ten�?ear Cert11i1 or
toi_nt and survivor benefit o tiot? then the Partici�t'sP-umaLAball be
n ad t th.e rviv r Be �efi� a y. i,flie deceased Part ci ant se_lec_t_ed a 1
annuity_ if thin Part;c-in,nt'e
M
A A�4
vl cn that year's share Laynent_isji�ade tl,�en. tlxc a men4 shall be made
1q jbe cicsignated beneficiaryor if none, to _the estate bf the deceased
Parti ant or sulvivc�r�Beneticiar he_addit cnal,premiuln tax revern_ 1es
It and received as of Qctober __3 ]- 2005 shall -be P ou W on
December 1 2005 a_....__
based 1.tryon each Pariirinant nr RariAfi..:...................w>..
ben c t iaynlent may be,adc-10 to each_eligible P�irtici alzt and_Beneticiary
silr_vim's Decernbcr tno;�th)leneticn;t or bUaid_separatel�as tiletnlstceswrn_y from —time to tune deckle.
II/ VII4VVd 111V11 II*dV IMA
Tj. uuni uun
Section 4. It is the intention of the City Commission and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of
Ordinances of the City of Tamarac, Florida, and the word "Ordinance" may be changed
to "Section", "Article" or such other word or phrase in order to accomplish such
intention.
Section 5, All Ordinances or parts of Ordinances, and all Resolutions or parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
eetion 6, If any provision of this Ordinance or the application thereof to anv
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
Section 7. This Ordinance takes effect on October- 1, 2005,
PASSED, FIRST RFADINGr, this ....,,_ day of ____ ...... , 2005.
PASSED, SECOND READiNC',, this day of 2005,
SOE SCHREI.BER, MAYOR ..,....,..,.µ..,..
.ATTEST;
MARIA SWANSON, CMC, City Clerk
I II.EREI3Y CERTIFY that i have approved this
ORDINANCE as to form.
SAMCJEL S, GOREN, City Attorney
i,: �\I'MI' l'\Pt,AN\I;Iiare.Pilizi A.Tnei]dmrtlt-2I Oct2oo 5
Robert A. Sugarman♦
Howard S. Susskind
Kenneth R. Harrison, Sr.
David E. Robinson
D. Marcus Braswell, Jr.
Pedro A. Herrera
♦ Board Certified Labor
& Employment Lawyer
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
November 17, 2005
Samuel S. Goren, City Attorney
Goren, Cherof Doody & Ezrol, P.A.
3099 Fast Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33305
2801 Ponce be Leon Boulevard
Suite 750
Coral Gables, Florida 33134
(305) 529-2801
Broward 327-2878
Toll Free 1-800-329-2122
Facsimile (305) 447-8115
Ilea: ('iiy c?1'7�tnwrac lVice ()fficer,s' I'en,tiioi 7iri,st liund - Acrre I'Icr17
Dear Sam:
As Ken Harrison wrote to you on November 1, 200.5, at the direction of the Board of
Trustees, we have revised the proposed share plan ordinance for the police officers.
As with many share plans, it now divides the annual "additional premium tax revenues"
among crll police officers, both retired and active. The actively employed police officers and the
police retirees receive a full share, their surviving beneficiaries receive a half share.
Since the "additional premium tax revenues" were intended to provide extra benefits to
police officers, this implements the intent of the statute by treating active officers and retirees
alike. Whether someone was retired or active between 1999 and 2000 does not matter since both
active police officers and police retirees will receive the same amount (although the active
officers receive their payments after retirement). There will be no windfalls.
We have submitted the proposed ordinance to the trust fund's actuary for the completion
of the required Statement of Actuarial Impact. Gabriel, .Roeder, Smith & Company's letter
stating that "the ordinance will not add any cost to the Plan" is enclosed together with copies of
the requisite filings made with the 'Division of Retirement Actuary and the Municipal Police
Officers & Firefighters Retirement Trust Fund bureau.
Samuel S. Goren, City Attorney
City of Tamarac, Florida
November 17, 2005
Page 2
There should be now no impediment to the adoption of this ordinance by the Tarnarac
City Commission. Please let us know when it will be placed on the agenda for consideration by
the Commission.
Yours truly,
ROBERT A. SUGARMAN
RAS/jd
Enclosures
cc: Board of Trustees
GAVINPP\PLAMOoi2]Sham]'lani2ari�innxK,�alulntpaclStntl 1 ACiiy,Atty