HomeMy WebLinkAbout2003-12-17 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY DECEMBER 17, 2003
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 p.m. on Wednesday, December 17, 2003 at Tamarac City Hall, 7525
NW 88 Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L.
Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Schreiber led the Pledge of Allegiance.
INTRODUCTION
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation of a check for C-14 pump station renovations by Senator Walter
"Skip" Campbell, Representative Ron Greenstein, Representative Stacy Ritter, Lobbyist
Ron Book, and representatives from the South Florida Water Management District. At
the request of Lobbyist Book and Respresentative Greenstein, Mayor Schreiber moved
out of the regular order of business to take up Item 1(b) on the agenda.
b. Presentation by Mayor Schreiber of a proclamation to Dorothy Willis
congratulating Ms. Willis on her receipt of the Carbonell Award, Mayor Schreiber said
without Ms. Willis there would be no theater or shows; the White -Willis Theater has put
Tamarac on the map. Ms. Willis said the theater has been in existence for 22 years,
and thanked everyone for this honor. Ms. Willis said the White -Willis Theater has given
a start to many technicians and performers; Ms. Willis recognized those involved with
the theater and thanked Tamarac for its support. Ms. Willis announced that the White -
Willis Theater will henceforth be known as the Tamarac Theater of the Performing Arts.
C. Presentation by Jim Shipley of a certificate of appreciation to the Mayor and City
Commission from the Tamarac Little League. Mr. Shipley, Vice President of the
Tamarac Little League announced that Mr. Kessler was unable to attend tonight's
meeting. Mr. Shipley presented the Mayor and City Commission with a Certificate of
Appreciation on behalf of Tamarac Little League and thanked the City of Tamarac for its
support.
d. Presentations by Mayor and City Commission of Veterans' Day Parade Trophies:
(1) Mayor's Cup, presented by Mayor Schreiber to Challenger Elementary
School. Stewart and Lisa Silver accepted on behalf of Kathleen Goldstein, Principal.
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(2) Vice Mayor's Cup, presented by Vice Mayor Roberts to Taravella High
School Band. Mike Jula accepted on behalf of Taravella High School.
(3) Commissioner's Cup, presented by Commissioner Sultanof to Tamarac
Elementary School. Maureen Miller, Student Council advisor, accepted.
REPORTS
2. City Commission: Mayor Schreiber wished the Commission, staff, employees
and citizens a happy and healthy holiday season and a happy new year.
Commissioner Flansbaum-Talabisco said this is her first holiday season as
Commissioner, and wished her colleagues, residents and staff a happy and healthy
holiday, and thanked everyone for their support.
Commissioner Sultanof wished everyone a happy holiday and quoted a portion of a
letter from Mary A. Beck to Dorothy Willis, wherein Ms. Beck said Ms. Willis' dedication
and contribution to the artistic community in South Florida the past 22 years is greatly
appreciated. The theater has overcome obstacles and established companies in
Tamarac that support the cultural vitality of the County and region. Commissioner
Sultanof thanked Ms. Willis for being here.
Commissioner Portner wished all a happy and healthy holiday. Commissioner Portner
said over the past year Tamarac has done extremely well.
Vice Mayor Roberts wished everyone a happy and healthy holiday season.
3. City Attorney: City Attorney Kraft wished City Manager Miller a happy birthday.
4. City Manager: City Manager Miller reported that the City has again been
awarded the Certificate of Achievement for Excellence in Financial Reporting from the
Government Finance Officers Association of the United States and Canada (GFOA) for
its comprehensive annual financial report (CAFR). This is the 15th year the City has
been awarded this certificate, and an official presentation will be made in January. City
Manager Miller congratulated Finance Director Newman and the Finance Department
for their work and efforts on behalf of the City. City Manager Miller added that in
November utility customers with good financial standing received a credit on their utility
bill for their deposits; $455,000 has been refunded. The Fire Department completed 24
hours of the lieutenant orientation program for the four recently promoted lieutenants.
On December 9th the Tamarac Fire Department participated in a Weapons of Mass
Destruction drill at Lockhart Stadium. The Fire Department is coordinating a toy drive
for the holidays; toys may be dropped off at the Fire Station or at departments
throughout the City. City Manager Miller said, on behalf of the staff, this has been a
great year of achievements and accomplishments. City Manager Miller thanked the
Mayor and City Commission for their support and wished everyone a happy holiday.
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5. PUBLIC PARTICIPATION: There was no public participation.
Mayor Schreiber returned to Item 1(a) on the agenda; presentation of a check for C-14
pump station renovations by Senator Walter "Skip" Campbell, Representative Ron
Greenstein, Representative Stacy Ritter, Lobbyist Ron Book, and representatives from
the South Florida Water Management District. Representative Greenstein presented a
check in the amount of $450,000 to the Mayor and City Commission, from the South
Florida Water Management District. Representative Greenstein introduced Frank
Bernardino from the District and said he is the unsung hero in South Florida with regard
to getting water management funds. Mr. Bernardino introduced members of the South
Florida Water Management District, Pamela Thomas, Michael Jackson, and Paul
Mason. Ms. Thomas said she is happy to be here to present the check to the
Commission. Representative Ritter said it is a pleasure to be here and it is getting
increasingly harder to bring money to the cities. Representative Greenstein said one of
the commitments of the current board of the SFWMD was to give money back to
Broward County, and this is a beginning. The SFWMD does its job better than
anybody. Ron Book, Lobbyist said he hopes this is the first step to solving stormwater
problems, and our Representatives and Senators as well as the SFWMD have a
commitment to the community. Mr. Book thanked the Commission for the opportunity to
represent the City and to make sure Tamarac's needs are met.
CONSENT AGENDA
6. Commissioner Portner said, he is not in agreement with Item 6(b), Temporary
Resolution 10308; he believes it is the wrong thing to do. Commissioner Sultanof
seconded by Commissioner Flansbaum-Talabisco moved approval of all items on the
consent agenda. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts
"yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and
Commissioner Sultanof "yes". Motion carried.
a. APPROVE the minutes of the November 26, 2003 regular meeting.
APPROVED
b. LEGISLATION - INSTALLATION OF TRAFFIC INFRACTION DETECTION
DEVICES: (TR10308) Supporting the City of Pembroke Pines' request to the
Florida Legislature to adopt legislation permitting the installation and utilization of
traffic infraction detection devices at intersections; authorizing the City Clerk to
transmit a copy of this Resolution to the Governor of the State of Florida, each
member of the Broward County Legislative Delegation, the President of the
Florida Senate, the Speaker of the Florida House of Representatives, the
Broward County Commission, the Mayor of each municipality in Broward County,
the Florida League of Cities and the Broward League of Cities.
RESOLUTION NO. R2003-285
C. REAL ESTATE SALES COMMISSION — CE_NMARK REALTY SERVICES:
(TR10305) Authorizing payment of a real estate sales commission in the amount
of $59,139.12 to Cenmark Realty Services, Inc.
RESOLUTION NO. R2003-286
d. AMENDING COMMUNITY DEVELOPMENT DEPARTMENT'S DEVELOPMENT
REVIEW FEE SCHEDULE: (TR10162) Amending the Community Development
Department's Development Review Fee Schedule eliminating reference to the
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"Board of Adjustment" to hear variances and appeals involved in the processing
of development applications for the City of Tamarac and amending the fee
amount for variance applications from $2,000.00 to $1,000.00 (Case No. 25-Z-
03).
RESOLUTION NO. R2003-287
e. SUBMISSION OF HOME PROGRAM DESCRIPTION: (TR10299) 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 2004/2005 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. 21—MI-03).
RESOLUTION NO. R2003-288
f. FIRE ASSESSMENT FEE REFUND TO BROWARD COUNTY: (TR10304)
Executing a Fire Assessment fee refund in the amount of $14,359.19 to be
issued to Broward County for a 2004 Fire Assessment fee payment made in
order to receive final permits for the Tamarac Branch Library,
RESOLUTION NO. R2003-289
g. PURCHASING REPLACEMENT AND NEW VEHICLES: (TR10307) Purchasing
replacement and new vehicles utilizing the Florida Sheriff's Association Bid #03-
11-0825; authorizing an expenditure in an amount not to exceed $257,653.
RESOLUTION NO. R2003-290
h. BILL OF SALE ABSOLUTE — SAFEGUARD SELF -STORAGE: (TR10296)
Accepting a Bill of Sale Absolute from Safeguard Properties, L.L.C., for the Water
Distribution System Improvements installed for the Safeguard Self -Storage
Project, located at 6101 West Commercial Boulevard, for City ownership;
authorizing and directing the City Clerk to record said document in the public
records of Broward County.
RESOLUTION NO. R2003-291
i. WATER AND SEWER DEVELOPER'S AGREEMENT -- FIRST EAST SIDE
SAVINGS BANK: (TR10295) Executing a Water and Sewer Developer's
Agreement with First East Side Savings Bank for the First East Side Savings
Bank Project, located at 9399 W. Commercial Boulevard, 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. R2003-292
j. TAMARAC WATER UTILITY EASEMENT — SAFEGUARD SELF -STORAGE:
(TR10297) Executing a "Tamarac Water Utility Easement" with Safeguard
Properties, L.L.C., for the Safeguard Self -Storage Project, located at 6101 West
Commercial Boulevard, to allow legal access by City Utility personnel for
installing, maintaining, and operating the Water Distribution System
Improvements; authorizing and directing the City Clerk to record said document
in the public records of Broward County.
RESOLUTION NO. R2003-293
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k. REFUNDING OF WATER AND SEWER CIAC FEES — SAFEGUARD SELF -
STORAGE: (TR10302) Refunding Water and Sewer CIAC Fees in the amount
of $8,000.00 to be issued to Safeguard Properties, L.L.C., located at 111
Veterans Boulevard, Suite 1150, Metairie, LA 70005, for the Safeguard Self -
Storage Project.
RESOLUTION NO. R2003-294
END OF CONSENT AGENDA
REGULAR AGENDA
Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved the
addition of Temporary Ordinance 2033 to the regular agenda for first reading as item
8a. Temporary Ordinance 2033, an Ordinance of the City Commission of the City of
Tamarac, Florida, amending Article III, "Boards, Committees, Commissions", Chapter 2
of the Tamarac Code, "Administration", Section 2, Division 7, "Social Services Board",
Section 2-201, "Creation", by adding two alternate members to the Social Services
Board; providing for codification; providing for conflicts; providing for severability; and
providing for an effective date. On roll call Commissioner Flansbaum-Talabisco voted
"yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof
"yes", and Vice Mayor Roberts "yes". Motion carried.
ORDINANCES — FIRST READINGS
7. COMMERCIAL GARBAGE FRANCHISE AGREEMENT — SOUTHERN WASTE
SYSTEMS, LLC: (T02029) Motion to adopt Ordinance on first reading authorizing the
appropriate City officials to execute a Commercial Garbage Franchise Agreement
between the City of Tamarac and Southern Waste Systems, LLC. City Attorney Kraft
read Temporary Ordinance 2029, Revision #1 on first reading by title. Commissioner
Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. On roll
call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes",
Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes".
Motion carried.
APPROVED ON FIRST READING DECEMBER 17, 2003
8. AMENDING CHAPTER 10 AND CHAPTER 24 OF THE TAMARAC CODE
REGARDING _STREET LIGHTING: (T02031) Motion to adopt Ordinance on first
reading amending Chapter 10, "Land Development Regulations", Article V,
"Improvements", Division 2, "Roads and Public Rights -Of -Way", Section 10-191, "Street
Lighting", (b)(1), "Design and Construction Standards", Amending the identification of
minimum standard for street lighting design and construction within the code to the
current edition of the IESNA Lighting Handbook, published by the Illuminating Engineers
Society of North America; amending Chapter 24, "Zoning ", Article V, "Off -Street Parking
and Loading", Section 24-579, "Lighting Standards", (a)(2)c, "Intensity", amending the
identification of the current standard within the Code to the current edition of the IESNA
Lighting Handbook, published by the Illuminating Engineers Society of North America;
providing for codification. City Attorney Kraft read Temporary Ordinance 2031 on first
reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-
Talabisco moved approval. On roll call Mayor Schreiber voted "yes", Vice Mayor
December 17, 2003
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Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes",
Commissioner Flansbaum-Talabisco "yes". Motion carried.
APPROVED ON FIRST READING DECEMBER 17, 2003
8a. AMENDING SECTION 2-201 OF THE TAMARAC CODE — ADDING TWO
ALTERNATE MEMBERS TO THE SOCIALSERVICESBOARD: (T02033) Motion to
adopt Ordinance on first reading amending Article III, "Boards, Committees,
Commissions", Chapter 2 of the Tamarac Code, "Administration", Section 2, Division 7,
"Social Services Board", Section 2-201, "Creation", by adding two alternate members to
the Social Services Board; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Kraft read Temporary
Ordinance 2033 on first reading by title. Commissioner Portner seconded by
Commissioner Sultanof moved approval. On roll call Commissioner Flansbaum-
Talabisco voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", Vice
Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING DECEMBER 17, 2003
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
9. CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER
FY2002): (TR10279) Motion to approve Resolution approving the Consolidated Annual
Performance Evaluation Report (CAPER FY2002) for the U.S. Department of Housing &
Urban Development (HUD)'S Community Development Block Grant (CDBG) Programs
for HUD's Fiscal Year 2002 (Case No. 20-MI-03). City Attorney Kraft read Temporary
Resolution 10279, Revised December 11, 2003, by title. Vice Mayor Roberts 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
Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Partner
"yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION NO. R2003-295
QUASI-JUDICIAL HEARINGS
10. SPECIAL EXCEPTION — DINE -IN, TAKE-OUT RESTAURANT — ANNA'S
ITALIAN RESTAURANT: (TR10300) Motion to approve Resolution granting a Special
Exception to permit the operation of a dine -in, take-out restaurant within a B-1
(Neighborhood Business District) zoning category to Anna's Italian Restaurant located
at 7658 Nob Hill Road in the Kings Point Commercial Plaza, specifically Parcel "A" of
the "Kings Point Commercial Plaza" Plat, according to the Plat thereof as recorded in
Plat Book 146, Page 12 of the Public Records of Broward County, Florida (Case No. 46-
Z-03); providing for conditions of approval. City Attorney Kraft said Item 10, Temporary
Resolution` 10300 and Item 11, Temporary Resolution 10301 are companion items and
could be heard together with separate motions on each item. City Attorney Kraft read
Temporary Resolution 10300 by title. Commissioner Sultanof seconded by
Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read
Temporary Resolution 10301 by title. Vice Mayor Roberts seconded by Commissioner
Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial
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procedures and Domenico Catania, owner, waived his quasi-judicial rights for items 10
and 11. Community Development Director King gave a presentation. Commissioner
Sultanof asked for confirmation that there would be no off -site consumption of alcohol.
Mr. Catania said there would not; all alcohol would be consumed on -site. Mayor
Schreiber asked about the location, and Mr. Catania said it is toward the middle of the
shopping center. Mayor Schreiber opened the public hearing and Marvin Seidel, 9645
N. Belfort Circle, Tamarac, said there is another Italian restaurant about 1 '/2 blocks
away, but they do not sell pizza. With no one else wishing to speak, Mayor Schreiber
closed the public hearing. On roll call Commissioner Sultanof voted "yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts
"yes", and Commissioner Portner "yes". Motion carried.
RESOLUTION NO. R2003-296
11. SPECIAL EXCEPTION — SALE AND ON -SITE CONSUMPTION OF
ALCOHOLIC BEVERAGES — ANNA'S ITALIAN RESTAURANT: (TR10301) Motion to
approve Resolution granting a Special Exception to permit the sale and on -site
consumption of alcoholic beverages in a B-1 (Neighborhood Business District) zoning
category for Anna's Italian Restaurant located at 7658 Nob Hill Road in the Kings Point
Commercial Plaza, specifically Parcel "A" of the "Kings Point Commercial Plaza" Plat,
according to the Plat thereof as recorded in Plat Book 146, Page 14 of the Public
Records of Broward County, Florida (Case No. 47-Z-03); providing for conditions of
approval. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner
Sultanof "yes". Motion carried.
RESOLUTION NO. R2003-297
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the regular commission meeting at 7:50 p.m.
MARION SWENSON, CMC
CITY CLERK
December 17, 2003
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JOE SCHREIBER, MAYOR