HomeMy WebLinkAbout1999-05-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
TUESDAY, MAY 11, 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Tuesday, May 11,1999, at 7:00 P.M. in the Commission Chambers of Tamarac
City Hall, 7525 Northwest 88t" Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner
Edward C. Portner, Commissioner Karen L. Roberts and Commissioner Marc L.
Sultanof.
ALSO PRESENT: Robert S. Noe, Jr., City Manager, Mitchell S. Kraft, City
Attorney and Carol Gold City Clerk.
Mayor Schreiber called for the pledge to the flag.
1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming May
16-22, 1999 Emergency Medical Services Week in the City of Tamarac, and Lt.
Rex Mehren accepted.
2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming June
6, 1999 as Stand Up For Children Day, and Mary Lee Johnson accepted.
3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming May,
1999 as Older Americans Month, and Commissioner Marc L. Sultanof accepted.
4. PRESENTATION by Commissioner Karen L. Roberts of the Ira Wagner
Memorial Sportsmanship Award to Steven Craig, and Steven Craig accepted.
4. PUBLIC PARTICIPATION: Curt Rosenfeld, 8511 NW 57 Court,
Tamarac, FL, spoke about damage done by MediaOne to the sprinkler system at
Greenhaven 12 Maintenance Corp. Mr. Rosenfeld asked the City for assistance
in getting MediaOne to reimburse them for the damages. Mayor Schreiber said if
Mr. Rosenfeld provided him the documents for claims, the City will pursue it.
REPORTS
6. City Commission: Commissioner Roberts said the School Board public
hearing began at 5:30 p.m. this evening, and she was anxious to see if the
schools for Tamarac passed. Commissioner Roberts is hopeful that Tamarac
will have a new school soon, and thanked School Board Member Stephanie
Kraft for her assistance.
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Commissioner Portner thanked the EMS staff for their kindness shown to him
several years ago, and said Tamarac is very fortunate to have such excellent
service.
Vice Mayor Mishkin said hello and welcome to Kimberly Kraft, daughter of City
Attorney Mitch Kraft, and to Public Works Director Verma's family who were all
sitting in the audience. Vice Mayor Mishkin said the men and women who serve
on the fire rescue team are dedicated and he is very proud of them and thanked
them for their efforts.
Commissioner Sultanof said we owe a great deal of credit to those who work in
the EMS field, and Tamarac has the lowest crime rate because of the deputies.
Commissioner Sultanof said it is important that each Commissioner tends to his
District, and thanked Commissioner Roberts for her persistence in getting a new
school for Tamarac.
Mayor Schreiber said Tamarac has the best EMS team in the County, and an
excellent staff. When they are needed they arrive in plenty of time. Mayor
Schreiber thanked the people and staff who attend the Commission meetings
regularly, and said their presence and efforts are appreciated. Tamarac has a
good reputation in the County and State.
7. City Attorney: City Attorney Kraft had no report.
8. City Manager: City Manager Noe reported that there are four (4)
additional first time homebuyers who have passed through the SHIP program,
bringing Tamarac's SHIP homebuyers to a total of ten (10). Additionally, eight
(8) new businesses opened in Tamarac during the month of April, and the City is
a sponsor for the Economic Summit that will take place May 12-14, 1999 in Coral
Springs. City Manager Noe enumerated Parks and Recreation activities and
schedules. The new bi-monthly Tam -A -Gram will be mailed in July to over
26,000 households in Tamarac. The City will host its 2"d Annual Volunteer
Thank You Luncheon on May 20, 1999, and there is a touch screen survey in the
City Hall lobby.
CONSENT AGENDA
9, Commissioner Sultanof, seconded by Commissioner Roberts moved
approval of all items on the Consent Agenda. On roll call Commissioner Portner
voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the April 23, 1999 Special Commission
meeting.
APPROVED
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b. APPROVE the minutes of the April 28, 1999 Commission meeting.
APPROVED
C. TEMPORARY RESOLUTION #8594, authorizing the appropriate City
Officials to accept and execute a First Amendment to the Water and Sewer
Developer's Agreement with Parkwood at Colony West, Inc., for the
Parkwood at Colony West Project located on the south side,of Lagos De
Campo Boulevard between NW 84'h Terrace and South Colony Circle,
eliminating a 1" irrigation meter and reducing the contribution charges in the
amount of $3,500.00.
RESOLUTION NO. R99-106
d. TEMPORARY RESOLUTION #8603 authorizing the appropriate City
Officials to execute a Joint Funding Agreement with Broward County for
the Installation of Landscaping and Irrigation within the median right-of-
way of Pine Island Road between McNab Road and Commercial
Boulevard at a cost of $15,300 to the City of Tamarac; accepting funding
from Broward County in the amount of $24,700; approving a budget
transfer in the amount of $15,300; amending the annual grants fund
budget of estimated revenues and expenditures in the amount of $24,700.
RESOLUTION NO. R99-107
e. TEMPORARY RESOLUTION #8565 authorizing the appropriate City
Officials to approve the purchase of a playground sunshade including
installation from Sports Systems International, Inc., at a cost not to exceed
$19,997.40, utilizing the County of Volusia, Florida Price Agreement
Contract for park and playground equipment, Bid #97-B-139, approving
funding from the appropriate Parks and Recreation account.
RESOLUTION NO. R99-108
f. TEMPORARY RESOLUTION #8607, authorizing the appropriate City
Officials to accept and award Bid #99-15B entitled "Tamarac Parks Sports
Fields Renovation Project" to the lowest bidder, Recio & Associates, in the
amount of $114,700.00, for irrigation and landscape services at Tamarac
Park, 7501 N. University Drive, approving budget transfers, approving
funding from the appropriate Parks and Recreation account.
RESOLUTION NO. R99-109
g. TEMPORARY RESOLUTION #8606, authorizing the appropriate City
Officials to exercise the option to renew the Agreement between the City
of Tamarac and After School Programs, Inc., for providing Professional
Child Care Services in the Before/After School, Winter and Spring Break
and Kid's Day Off Programs, for the 1999/2000 school year.
RESOLUTION NO. R99-110
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h. TEMPORARY RESOLUTION #8609 authorizing the appropriate City
Officials to execute the Sixteenth Amendment to Interlocal Agreement
between Broward County and City of Tamarac providing for division and
distribution of the proceeds of the Local Option Gas Tax imposed by the
Broward County Local Option Gas Tax Ordinance.
RESOLUTION NO. R99-111
i. TEMPORARY RESOLUTION #8610, authorizing the appropriate City
Officials to execute the 1999 Amendment to Interlocal Agreement
between Broward County and City of Tamarac providing for division and
distribution of the proceeds from the Broward County Additional Local
Option Gas Tax on Motor Fuel Ordinance,
RESOLUTION NO. R99-112
j. TEMPORARY RESOLUTION #8617, authorizing the appropriate City
Officials to refund traffic signalization impact fees paid to the City by First
Union (formerly Atlantic National Bank of Florida) in the total amount of
$4, 348.00.
RESOLUTION NO. R99-113
k. TEMPORARY RESOLUTION #8618, authorizing the appropriate City
Officials to refund traffic signalization impact fees paid to the City by
Market Place at Tamarac Association (formerly Village Mall) in the total
amount of $11,000,00.
RESOLUTION NO. R99-114
I. TEMPORARY RESOLUTION #8621, authorizing an additional
expenditure of $23,639 for the installation of underground power lines and
authorizing installation of street lights along Hiatus Road between
Commercial Boulevard and McNab Road; authorizing the appropriate City
Officials to pursue all necessary actions to successfully complete the
underground power lines and installation of street lights; authorizing
amendment to the annual trafficways improvement fund budget of
estimated revenues and expenditures in the amount of $23,639.
RESOLUTION NO. R99-116
m. TEMPORARY RESOLUTION #8468 authorizing the appropriate City
Officials to execute an Interim Interlocal Agreement between Broward
County and the City of Tamarac providing inspection services for building
inspection services in the event there is a shortage due to illness or
vacation at a rate of Forty Dollars ($40.00) per hour, not to exceed
$20,000 annually.
RESOLUTION NO. R99-116
n. TEMPORARY RESOLUTION #8469 authorizing the appropriate City
Officials to execute an Interlocal Agreement between Broward County and
the City of Tamarac providing for hearings by the Broward County
Minimum Housing/Unsafe Structures Board at a cost of $150.00 per
noticed case plus associated costs.
RESOLUTION NO. R99-117
END OF CONSENT AGENDA
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10. TEMPORARY RESOLUTION #8593, receiving the Comprehensive
Annual Financial Report, Auditors' Reports and Unqualified Opinion, prepared by
Madsen, Sapp, Mena, Rodriguez & Co., for the fiscal year ended September 30,
1998.
City Attorney Kraft read Temporary Resolution #8593 by title. Commissioner
Sultanof, seconded by Vice Mayor Mishkin moved approval. Finance Director
McGarrity introduced Tim Isler, Audit Manager of Madsen, Sapp, Mena,
Rodriguez & Co., and Mr. Isler gave a presentation.
On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R99-118
Mayor Schreiber called for a 10-minute recess at 7:20 p.m. The Commission
meeting reconvened at 7:30 p.m., with all in attendance.
PUBLIC HEARINGS 7:30 P.M.
11. TEMPORARY ORDINANCE #1849, second reading, amending Chapter
5.5 Cable Television Article II. "City of Tamarac, Florida, Cable Television
Ordinance." Section 5.5-22. "Definitions." Modifying definitions, Section 5.5-23.
"Intent and Purposes." Deleting Subsections (c), (d), & (e); Section 5.5-24.
"Grant of Authority; Franchise Required." Requiring authorization and providing
for cable television service only, Section 5.5-25. "Franchise Characteristics."
specifying terms and obligations and providing for alternative video programming
services, Section 5.5-28 "Applications for Grant, Renewal, Modification or
Transfer of Franchises." Renumbering and revising application requirements and
fees, Section 5.5-29. "Grant of Franchise." Renumbering sections and providing
for conditional grant of franchise, eliminating time limitations for agreement on
terms of franchise, modifying fee requirements, Section 5.5-30. "Commencement
of Service." Changing the term grantee to franchisee, Section 5.5-32. "Security
Fund." Modifying minimum security fund requirement, Section 5.5-33.
"Construction Bond." Modifying construction bond requirement, Section 5.5-34
"Minimum Facilities and Services." Renumbering subsections and requiring
minimum system capacity, modifying service requirements for city buildings and
schools, increasing standard drop, requiring cable service on private property,
adding new section 5.5-35. "Access Channels and Facilities." Providing for
access channels, equipment, program production, institutional network
interconnection and capital costs, deleting Section 5.5-36. "Access Channels
and Facilities." Renumbering existing section 5.5-35. "Technical Standards" to
Section 5.5-36, amending standards, Section 5.5-37. "Franchise Fee." Amending
franchise fee requiring public hearing, Section 5.5-39. "Customer Service
Requirements." Amending installation requirements and providing for fees,
charges; year 2000 compliance; enforcement; notice; refunds; fines; schedules;
City Manager review; payment requirements; appeal; penalties; license
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revocation; and renumbering of subsections, Section 5.5-41. "Discrimination
Prohibited." Deleting uniform and consistent discount requirement, Section 5.5-
43. "Enforcement Remedies." Renumbering subsections; providing for penalties;
requiring written notice prior to levying of additional fine, providing for liquidated
damages, Section 5.5-45. "Transfers." adding the term unconditionally, Section
5.5-50. "Administration." Clarifying terms, Section 5.5-52. "Applicability." Deleting
subsections (b) and (c), adding new Section 5.5-53. "Notices." to provide for
written notice procedure, renumbering existing Section 5.5-53. "Municipal Cable
System Ownership Authorized." to new Section 5.5-54, renumbering existing
Section 5.5-54. "Reservation of Rights." to new Section 5.5-55 and formalizing
City.
City Attorney Kraft said the public hearing on Temporary Ordinance #1849
began at the April 28, 1999 Regular Commission Meeting, and the item was
tabled to the May 11, 1999 Regular Commission meeting, at the request of Gary
Resnick, MediaOne.
Commissioner Portner seconded by Commissioner Roberts moved for approval.
Ila Feld, Telecommunications Counsel gave a presentation. City Manager Noe
said it is imperative that the Commission approves the Ordinance as presented
tonight so as not to leave the City uncovered. City Attorney Kraft said the
Ordinance establishes the update of the law.
Commissioner Roberts said she wanted to reiterate that the 3%-5% franchise fee
as stated in the Ordinance is allowable, but the City is not increasing the fee to
5%. City Attorney Kraft said the ordinance creates the framework that sets the
potential maximum fee allowable.
Gary Resnick of MediaOne gave a presentation and had some questions for the
City. City Manager Noe and Telecommunications Counsel Feld responded to
these and to questions from Vice Mayor Mishkin and Commissioner Portner.
Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. On roll call Commissioner Sultanof voted "yes",
Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-09
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There being no further business, Mayor Schreiber adjourned the meeting at 7:55
p.m.
Carol Gold, CMC/AAE
Cit�Cl$rk
Joe Schreiber
Mayor
CITY OF TAMARAC
APPROVED AT MEETiNG OF
i999
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