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Home My WebLink About1998-02-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, FEBRUARY 11, 1998 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, February 11, 1998, at 7:00 p.m. in Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joseph Schreiber Vice Mayor Larry Mishkin Commissioner John E. McKaye Commissioner Karen L. Roberts Commissioner Marc L. Sultanof ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, CMC, Assistant City Clerk Phyllis Polikoff, Office Specialist PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the Pledge of Allegiance. PRESENTATION by Mayor Schreiber of a proclamation declaring the City Commission's thanks to IRVING FENICHEL for his efforts in establishing the City's first ambulance service 25 years ago and for his time and service to the community. Mayor Schreiber presented the proclamation to Irving Fenichel. 2. PRESENTATION by Mayor Schreiber of a proclamation designating February 11, 1998, as "TAMARAC JEWISH CENTER DAY". Mayor Schreiber presented the proclamation to Irving Fenichel. 3. PRESENTATION by Mayor Schreiber of a proclamation encouraging the athletes known as the "TAMARAC BULLDOGS OF BROWARD COUNTY SPECIAL OLYMPICS". Comm. Roberts introduced the athletes and Mayor Schreiber presented the proclamation to the Tamarac Bulldogs of Broward County Special Olympics team. The athletes presented a poster and a basket to the Commission. City Commission Regular Meeting February 11, 1998 Page 2 PUBLIC PARTICIPATION 4. PUBLIC PARTICIPATION — Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. Melvin "Whitey" Rubin, Kings Point, commented on the EMS assessment. Gil Narins, Kings Point, commented on a newspaper article concerning Mayor Schreiber, the Kings Point Shopping Center, the Berkowitz lawsuit, the EMS assessment, vacancies created by the early retirement program, blasting in Land Section 7, a branch library and the need for another school. Terry Hobmeier, Isles of Tamarac, discussed left -turn lanes on McNab Road and Nob Hill Road and Northwest 715t Place and Nob Hill Road, Mayor Schreiber's intervention with regard to not having an election for Charter Board members and speeding vehicles on Northwest 71St Place. Molly Semma and Mae Walberg Schreiber, Kings Point residents, commented on the newspaper article concerning Mayor Schreiber and the Commission's inability to work with the Mayor. Irving Fenichel, 6606 NW 73 Street, introduced Sherry Klawsky, President of the Tamarac Jewish Center, who thanked people for their support and extended an invitation to attend worship services. Sy Bauer, Westwood 21, referenced comments made by previous speakers regarding Mayor Schreiber and requested the Commissioners attend homeowner association meetings and report their accomplishments since becoming Commissioners. Morris Sher, Bermuda Club, referenced Mayor Schreiber, Comm. McKaye and questioned whether Tamarac would also refund EMS assessments as a Judge ordered for Pembroke Pines. Carl Alper, 8201 NW 91 Avenue, suggested that all Consent Agenda items be discussed in accordance with the Sunshine Law. Tape 2 City Commission Regular Meeting February 11, 1998 Page 3 Herbert Boose, 966 W. McNab Road, stated more fish were needed in the canals. Rob Cleaver, President of Tamarac T-Ball, questioned why the playing fields were closed on Wednesday evenings. He and Cal LaCombe, 8001 S. Colony Circle, questioned whether the City could replace the ice machine used by the Tamarac Athletic Federation. Anne Zimmerman, 8203 NW 73 Terrace, commented on City Manager Noe's demeanor at City Commission meetings and questioned whether there was a plus or minus with regard to the EMS assessment funds. Marvin Seidel, Kings Point, questioned whether there was a method to reduce EMS assessment fees. Mayor Schreiber commented on V/M Mishkin's statement at the January 28, 1998 City Commission meeting, his accomplishments and requested the cooperation of the Commissioners in handling City matters. CONSENT AGENDA 5. Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the 1/28/98 Regular City Commission meeting. APPROVED b. MOTION TO ADOPT Temp. Reso. #8101 awarding Bid 98-02B entitled "Records Storage Services" to Iron Mountain Records Management Company. APPROVED RESOLUTION R-98-28 C. MOTION TO ADOPT Temp. Reso. #8004 authorizing the appropriate City officials to execute a Tamarac Water and Sewer Utility Easement for the water distribution system with Pulte Home Corporation for the PLUM BAY project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVED RESOLUTION R-98-29 City Commission Regular Meeting February 11, 1998 Page 4 5. d. MOTION TO ADOPT Temp. Reso. #8005 authorizing the appropriate City officials to execute a Tamarac Water and Sewer Utility Easement for the water distribution and sewage collection system with Pulte Home Corporation for the PLUM HARBOR project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVED RESOLUTION R-98-30 e. MOTION TO ADOPT Temp. Reso. #8044 releasing warranty bond #JT8936 in the amount of $156,726.63 posted for the water distribution and sewage collection system improvements for the PLUM BAY PHASES 1A, 1 B, 1 C, 2A, 2B AND PLUM HARBOR PHASE 1 AND THE RECREATION CENTER project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVED RESOLUTION R-98-31 f. MOTION TO ADOPT Temp. Reso. #8080 authorizing the appropriate City officials to execute Addendum 98-01 to the contract with Hartman and Associates, Inc., to provide all necessary hydrogeological and engineering services to renew the current South Florida Water Management District water withdrawal permit for the Water Treatment Plant in an amount not to exceed $19,000. in accordance with the City's consulting engineering agreement as authorized by Resolution R-96-163 with funding from the appropriate Utilities Operational Accounts. APPROVED RESOLUTION R-98-32 g. MOTION TO ADOPT Temp. Reso. #8120 releasing a cash performance bond in the amount of $4,460. posted for the water distribution improvements installed for the BAGELMANIA project located on the southwest corner of Commercial Boulevard and Prospect Road subject to receipt of a one-year warranty bond in the amount of $1,115. APPROVED RESOLUTION R-98-33 h. MOTION TO ADOPT Temp. Reso. #8103 approving the purchase of one (1) rescue vehicle from Aero Products Corporation based on the Metro - Dade Fire Rescue Bid 5472-4/01-OTR at a total cost of $119,432. through a lease purchase plan. APPROVED RESOLUTION R-98-34 i. MOTION TO ADOPT Temp. Reso. #8116 authorizing the appropriate City officials to execute an agreement with the International Association of Firefighters, Local 3080, for the period from October 1, 1997 through September 30, 2000. APPROVED RESOLUTION R-98-35 City Commission Regular Meeting February 11, 1998 Page 5 5. j. MOTION TO ADOPT Temp. Reso. #8124 authorizing the purchase of twenty (20) Motorola HT1000 two-way hand held mobile radios and twenty (20) spare batteries from Express Radio utilizing the Palm Beach County School Board Contract #SB 97C-145J, to replace the obsolete radios that were originally purchased between 1987 — 1989, for an amount not to exceed $14,755. APPROVED RESOLUTION R-98-36 k. MOTION TO ADOPT Temp. Reso. #8132 opposing any local or general Bill which would require a City annexing unincorporated property to retain County employees which might be displaced as a result of such annexation. APPROVED RESOLUTION R-98-37 MOTION TO ADOPT Temp. Reso. #8107 authorizing the appropriate City officials to approve the purchase of new lighting equipment for two (2) baseball fields at TAMARAC SPORTS COMPLEX located at 9901 NW 77 Street from Hunter-Knepshield Company in conjunction with the State Negotiated Agreement Price Schedule (SNAPS) #650651, in an amount not to exceed $56,113.54 and approval for Davco Electrical Contractors Corporation to perform electrical services for the new lighting at the two (2) fields incorporating the provisions of the City of Delray Beach Contract #96-29 in an amount not to exceed $12,000. for a total amount not to exceed $68,113.54 with funding from the appropriate Parks and Recreation Operating Accounts. APPROVED RESOLUTION R-98-38 Comm. Sultanof MOVED APPROVAL of the entire Consent Agenda, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE END OF CONSENT AGENDA PUBLIC HEARINGS 7:30 P.M. 11. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1816 on second reading amending Chapter 22, Article III, of the City Code to change the number of days available for payment of utility bills before receiving notification of discontinuation of service from 30 days to 25 days. APPROVED on second reading. ORDINANCE 0-98-3 City Attorney Kraft read Revision #3 of Temp. Ord. #1816 by title. City Commission Regular Meeting February 11, 1998 Page 6 V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof. Mayor Schreiber opened the public hearing. Morris Sher, John Baker, Melvin Rubin, Joe Padwa, residents, said they opposed changing the number of days from 30 to 25. Anne Zimmerman, 8203 NW 73 Terrace, questioned what action would be taken if the residents were unable to pay on a timely basis. Stanley Hawthorne, Assistant City Manager/Finance Director, made a presentation. Brad Renson, 7913 NW 71 Avenue, suggested staggering the billing cycles. Mayor Schreiber closed the public hearing with no further discussion. VOTE: Comm. Sultanof AYE Comm. Roberts AYE Comm. McKaye NAY V/M Mishkin AYE Mayor Schreiber NAY b. MOTION TO ADOPT Temp. Reso. #8126 approving the reduction in the number of days available for payment of utility bills before incurring a 10% late payment charge from 30 days to 25 days. (Item 11. b. is not subject to Public Hearing.) APPROVED RESOLUTION R-98-42 City Attorney Kraft read Revision #3 of Temp. Reso. #8126 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof. Mayor Schreiber opened the hearing. Morris Sher, Molly Semma, Joe Einhorn, residents, voiced opposition to reducing the number of days. Roland Solomon, Kings Point, said other utility companies would follow suit if the number of days were reduced. Tape 3 u 1 1 Ll City Commission Regular Meeting February 11, 1998 Page 7 City Manager Noe suggested the residents contact the Finance Director for a tour to explain the workings of the Customer Service Department. Gil Narins, Kings Point, recommended waiting until the new computer system was installed before reducing the number of days in the billing cycle. Mayor Schreiber closed the hearing with no further discussion. VOTE: V/M Mishkin AYE Comm. Sultanof AYE Comm. Roberts AYE Comm. McKaye NAY Mayor Schreiber NAY 12. PUBLIC HEARING — MOTION TO ADOPT Temp. Ord. #1812 on second reading amending Chapter 16, Pensions and Retirement, Article III, Pension Plan, Section 16-233(3), Benefit Level, to reflect an increased benefit level for future police officer retirees who are currently employed by the Broward Sheriffs Office. APPROVED on second reading. ORDINANCE 0-98-4 City Attorney Kraft read Revision #4 of Temp. Ord. #1812 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Roberts. Mayor Schreiber opened the public hearing. Sy Bauer, Westwood 21, commented in favor of the ordinance. Marvin Seidel, Kings Point, recommended Tamarac have its own police department. Mayor Schreiber closed the public hearing with no further discussion. VOTE; ALL VOTED AYE City Commission Regular Meeting February 11, 1998 Page 8 13. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1815 on second reading amending Chapter 2 of the City Code entitled "Administration", Article III, "Boards, Committees, Commissions", Division 8, "Veterans Affairs Committee" by amending Section 2-223 "Creation; Composition", adding the Military Order of Purple Heart as a member organization, deleting Section 2-226 "Alternate Members" eliminating alternate members. APPROVED on second reading. ORDINANCE 0-98-5 City Attorney Kraft read Revision #2 of Temp. Ord. #1815 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts Mayor Schreiber opened the public hearing. Morris Sher, Bermuda Club, spoke in favor of the Ordinance. Mayor Schreiber closed the public hearing with no further discussion. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS 6. MOTION TO ADOPT Temp. Ord. #1777 on first reading amending City Code Section 10-290 by adding Section 10-290(d) establishing restrictions on usage of future traffic signalization needs impact fees collected pursuant to Developer's Agreements. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting, Wednesday, February 25, 1998, at or after 9:30 a.m., in Commission Chambers. City Attorney Kraft read Revision #6 of Temp. Ord. #1777 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by V/M Mishkin VOTE: ALL VOTED AYE 7. MOTION TO ADOPT Temp. Ord. #1818 on first reading adopting a Local Housing Assistance Program for inclusion in the application for the State Housing Initiatives Partnership Act grant funding which was previously approved by the City Commission on January 28, 1998 by adoption of Resolution R-98-24. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting, Wednesday, February 25, 1998, at or after 9:30 a.m., in Commission Chambers. n 1 City Commission Regular Meeting February 11, 1998 Page 9 City Attorney Kraft read Revision #1 of Temp. Ord. #1818 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE 8. MOTION TO ADOPT Temp. Reso,. #8112 authorizing the appropriate City officials to execute an agreement with Aerial Data Reduction Associates, Inc., for the preparation of the City's GIS compatible digital aerial photography, planimetric and utility base map, GIS data base design and project assessment services for a cost of $216,509. to complete Phase I, which is the mapping portion of the GIS demonstration project and authorizing the purchase of property mapping services, a workstation computer, an "E" size plotter, ArcINFO, ArcCAD, Arcview and Auto CAD licenses, training and contingency costs in the amount of $86,142. for a total project cost of $302,651. Case No. 6-MI-97. APPROVED RESOLUTION R-98-39 City Attorney Kraft read Revision #3 of Temp. Reso. #8112 by title. Comm. Roberts MOVED APPROVAL, SECONDED by V/M Mishkin. Jeffrey Miller, Director of Community Development, made a presentation. VOTE: ALL VOTED AYE 9. MOTION TO ADOPT Temp. Reso. #8115 awarding Bid 97-18B entitled Hiatus Road Extension, Northern Section, Westpoint to McNab Road" to Smith & Company, Inc., at a cost of $2,048,760.85 and authorizing the appropriate City officials to execute the contract with Smith & Company, Inc. APPROVED RESOLUTION R-98-40 City Attorney Kraft read Revision #1 of Temp. Reso. #8115 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. Jeffrey Miller made a presentation. VOTE: 1 ALL VOTED AYE City Commission Regular Meeting February 11, 1998 Page 10 10. MOTION TO ADOPT Temp. Reso. #8118 authorizing the appropriate City officials to execute an amendment to the agreement with Medics Ambulance Services, Inc., to provide for a dedicated unit, ten hours per day, six days per week, providing for compensation at the rate of $14,200. per month and amending the term of the agreement to end September 30, 1998; authorizing the appropriate City officials to amend the Fire Rescue Fund estimated revenues and expenditures in the amount of $127,800, and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting procedures. APPROVED RESOLUTION R-98-41 City Attorney Kraft read Temp. Reso. #8118 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. There was discussion by Mayor Schreiber and Comm. McKaye. VOTE: Comm. Roberts Comm. McKaye Comm. Sultanof V/M Mishkin Mayor Schreiber AYE AYE AYE AYE NAY QUASI-JUDICIAL HEARING 14. a. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8110 granting the vacation of two (2) utility easements within the property located at the southwest corner of McNab Road and NW 70 Avenue, specifically Lots 8 -- 12, Block 245 of the Mainlands of Tamarac Lakes Unit Fifteen plat for the BRISTOL PARK OF TAMARAC ASSISTED LIVING FACILITY (ALF) Case No. 15-P-97. APPROVED RESOLUTION R-98-43 City Attorney Kraft read Temp. Reso. #8110 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts. Angus Rogers, developer, waived his quasi-judicial rights. Mayor Schreiber opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE 1 n City Commission Regular Meeting February 11, 1998 Page 11 14. b.QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8108 issuing Development Order No. 306 and granting new development site plan approval to Angus C. Rogers for the construction of BRISTOL PARK OF TAMARAC ASSISTED LIVING FACILITY (ALF), a 55,170 square foot, 120-bed assisted living facility (ALF) and a parking waiver to reduce the parking space width from 10 feet to 9 feet, located at the southwest corner of McNab Road and NW 70 Avenue. Case No. 45-SP-97. APPROVED RESOLUTION R-98-44 City Attorney Kraft read Temp. Reso. #8108 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts Angus Rogers, petitioner, waived his quasi-judicial rights and made a presentation. Comm. McKaye, said the ALF residents had very few visitors and parking was ample. Mayor Schreiber opened the hearing. Carl Alper, 8208 NW 91 Avenue, commented on the size of the parking spaces. Terry Hobmeier, 10700 NW 71 Place, said she concurred with Comm. McKaye. Mayor Schreiber closed the hearing with no further discussion. 1M610=1 Tape 4 ALL VOTED AYE 15.QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8111 issuing Revised Development Order No. 117.1 and granting new development site plan approval to MBR Construction, Inc., for the construction of a 1,200 square foot office and a 1,200 square foot warehouse building and a parking waiver to reduce the number of parking spaces from the required 7 spaces to 5 spaces with a width of 9 feet in lieu of the required 10 feet. Case No. 33-SP-97 APPROVED RESOLUTION R-98-45 City Attorney Kraft read Temp. Reso. #8111 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts. Ronald Boss, petitioner, waived his quasi-judicial rights and made a presentation. VOTE: ALL VOTED AYE City Commission Regular Meeting February 11, 1998 Page 12 END OF QUASI-JUDICIAL HEARING REPORTS 16. City Commission Comm. Roberts thanked Staff for arranging for the special Olympics, commented on the various playing fields, Charter Board, voting record of the Commissioners and said all City Commission workshops were open to the public. Comm. McKaye said he was happy so many residents were in attendance at tonight's meeting. V/M Mishkin welcomed a family friend from out-of-town. Comm. Sultanof said he was happy so many people were in the audience, commented on Mayor Schreiber's comments at the beginning of the meeting, said Item 13 on the agenda was his item, the voting record of the Commissioners and requested information on traffic lights noted by Terry Hobmeier, Mayor Schreiber refuted comments made by Comm. Sultanof, requested the support of the Commissioners regarding City matters and thanked the residents for attending this meeting. 17. City Attorney City Attorney Kraft - no report. 18. City Manager City Manager Noe commented on the EMS assessment in Pembroke Pines, firefighter/ paramedics in Tamarac and the cost for someone to perform sign language for hearing impaired people at meetings. He advised that Jeffrey Miller was reelected as Chairman of the League of Cities Technical Advisory Committee and the Planning Commissioners would consider the block grant application for the senior center/community center. He said equipment was installed in each emergency vehicle allowing units to communicate without using the radio and guidance equipment was installed in two transport units. Mr. Noe said the State provided a $9,000 matching grant to purchase communication equipment during an emergency, the HTE payroll system in now in service, a nutrition seminar will be held on February 26 at 2:00 p.m. in Commission Chambers and the force main project will soon commence on McNab Road from University Drive from 80 Avenue to NW 70 Street. 1 City Commission Regular Meeting February 11, 1998 Page 13 With no further discussion, Mayor Schreiber adjourned the meeting at 9:31 p.m. Joe Schreiber` Mayor Patricia Marcurio, CIVIC Assistant City Clerk G 1 Ty OF7- AllAP City Clerk 1