HomeMy WebLinkAbout1999-09-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, SEPTEMBER 22, 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, September 22,1999, at 9:00 A.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 Marc L. Sultanof, and Commissioner Karen L.
Roberts.
ALSO PRESENT: City Manager Miller, Mitchell S. Kraft, City Attorney and Carol
Gold, City Clerk.
Mayor Schreiber called for the pledge to the flag.
1. PRESENTATION by Mayor Schreiber proclaiming October 3, 1999
through October 9, 1999 Fire Prevention Week. Fire Chief Budzinski and Fire
Fighter Bambi Dietz accepted.
2. PRESENTATION by Mayor Schreiber proclaiming October 10, 1999
through October 16, 1999 World Population Awareness Week.
3. PRESENTATION by Mayor Schreiber proclaiming October 11, 1999
through October 15, 1999 National School Lunch Week.
4. PUBLIC PARTICIPATION: Diane Glasser, 9507 NW 72 Court, Tamarac,
FL, thanked the Commission for having the right turn sign at McNab and Nob Hill
removed and having the buses returned to the former route.
REPORTS
5. City Commission: Commissioner Roberts responded to Ms. Glasser and
said the County did not mention that they would eliminate the bus route when the
right turn sign was erected.
Commissioner Portner said this Commission listens to and works for the public
benefit.
Vice Mayor Mishkin had no report.
Commissioner Sultanof addressed Mayor Schreiber's report at the September 8,
1999 Commission meeting. Commissioner Sultanof said all the Commissioners
are involved in Tamarac's accomplishments, and thanked the County for
responding to the Tamarac Commission.
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Mayor Schreiber responded to Commissioner Sultanof 's comments. Mayor
Schreiber said no tax increase is planned for Tamarac this fiscal year.
6. City Attorney: City Attorney Kraft had no report.
7. City Manager: City Manager Miller said there will be a ribbon cutti
ceremony at Caporella Park on Friday, at 10:00 a.m. Tamarac receiv
$9,000.00 from the County as a result of Tamarac's participation in the Lo
Mitigation Strategy Project. To date, Tamarac has received $15,000.00 for
participation in this project.
CONSENT AGENDA
Commissioner Roberts seconded by Vice Mayor Mishkin moved to remove Ite 8(n)
from the Consent Agenda, TEMPORARY RESOLUTION #8731, authorizing the
appropriate City Officials to accept and execute a Remetering Agreement with
Archstone Communities for Cameron Gardens to allow remetering of waters rvice
for the purpose of allocation of the direct cost of water and sewer service a ong
multiple users subject to the terms of the applicable developer's agreement nd in
accordance with City Code Section 22-30, "Limitations of Use." On rol call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice ayor
Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". otion
carried.
Commissioner Roberts said she was concerned about charging renters for ater
without lowering the rent. Vice Mayor Mishkin spoke about water conservation, and
urged the Commission to vote for this Resolution. Utilities Director Woika gave a
presentation and responded to questions. Mayor Schreiber agreed with
Commissioner Roberts. Commissioner Sultanof asked City Attorney Kraft for
clarification of consequences if the Commissioners were to deny the Resolution, and
City Attorney Kraft responded. City Attorney Kraft read Temporary Reso ution
#8731 by title. Commissioner Portner seconded by Commissioner Roberts rroved
approval of Temporary Resolution #8731. On roll call Commissioner Robertsvoted
"no", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof
"no", and Mayor Schreiber "no". Motion failed.
8. Commissioner Roberts seconded by Commissioner Sultanof moved
approve all items on the Consent Agenda except Item 8(n) that was remo)
from the Consent Agenda and considered separately. On roll call Commissio
Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yf
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the September 8, 1999 Commission meeting.
APPROVED
b. APPROVE the minutes of the September 9, 1999 Special Commiss
meeting.
APPROVED
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C. APPROVE the minutes of the Special Commission Meeting of September
10, 1999.
APPROVED
d. TEMPORARY RESOLUTION #8738, authorizing the appropriate City
Officials to approve and execute the Interlocal Agreement for the creation
and continuation of the Broward County Metropolitan Planning
Organization (BCMPO); Case No. 13-MI-99.
RESOLUTION NO. R99-235
e. TEMPORARY RESOLUTION #8716, authorizing the appropriate City
Officials to accept and execute a "Tamarac Water and Sewer Utility
Easement' with St. Malachy Catholic Church for the St. Malachy Church
Project, located on the northeast corner of University Drive and NW 61
Street, to allow legal access by City utility personnel for installing,
maintaining, and operating the water distribution system.
RESOLUTION NO. R99-236
f. TEMPORARY RESOLUTION #8743, authorizing the appropriate City
Officials to award Bid #99-29B entitled "Aluminum Tank Trailer", to
Fruehauf Trailer Services, Inc., the lowest responsive and responsible
bidder, in the amount of $49,379.00.
RESOLUTION NO. R99-237
g. TEMPORARY RESOLUTION #8747, authorizing the renewal of the
Property and Casualty Insurance coverage with the Florida Municipal
Insurance Trust with an effective policy date of October 1, 1999.
RESOLUTION NO. R99-238
h. TEMPORARY RESOLUTION #8749, authorizing the award of RFP 99-
17R entitled "Medical Billing Services" to Advanced Data Processing, Inc.
RESOLUTION NO. R99-239
i. TEMPORARY RESOLUTION #8722, authorizing the appropriate City
Officials to execute an agreement between the City of Tamarac and
Dunbar Armored Inc. for armored car service.
RESOLUTION NO. R99-240
j. TEMPORARY RESOLUTION #8696, authorizing the appropriate City
Officials to execute an Interlocal Agreement between Broward County and
the City of Tamarac providing inspection services for building inspection
services in the event there is a staff shortage at a rate of Forty Dollars
($40.00) per hour, or building official services at a rate of Fifty Dollars
($50.00) per hour, not to exceed $20,000.00 annually.
RESOLUTION NO. R99-241
k. TEMPORARY RESOLUTION #8756, in support of naming a new middle
school in Coconut Creek "The Margie Defeo Zehender Middle School".
RESOLUTION NO. R99-242
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I. TEMPORARY RESOLUTION #8763 supporting
pp g the Kyoto Protocol On
climate change as a means to reduce greenhouse gas emissions arid
stabilize the global atmosphere; directing the City Clerk to send a copy of
the Resolution to Senators Bob Graham and Connie Mack to assist in
ratification of the Kyoto Protocol Agreement in the U.S. Senate.
RESOLUTION NO. R99-243
M. TEMPORARY RESOLUTION #8645 authorizing the appropriate Ci y
Officials to accept grant funding from the Florida Committee on General
Government Appropriations House Bill #1789, specifically Appropriation
#1746A for an in -kind matching grant in the amount of $60,000.00 for a
total project cost of $95,000.00 for the addition of a "Technical Rescue
Support Team", to provide specialized support for technical rescue
incidents, authorizing the City in -kind match of $35,000.00 to be allocated
from the existing Fire Rescue Equipment; amending the grants fu d
estimated revenues and expenditures in the amount of $60,000.00.
RESOLUTION NO. R99-244
o. TEMPORARY RESOLUTION #8727 authorizing the appropriate City
Officials to execute an Agreement between White Willis Theatre, Inc. and the
City of Tamarac, Florida, to compensate White Willis Theatre, Inc., an
amount not to exceed $13,000.00 for the service of providing instructors for
288. hours of class instruction and technical assistance for two performances
to fulfill the City of Tamarac's Broward Cultural Affairs Council Cultural Arts &
Education Grant.
RESOLUTION NO. R99-245
P. TEMPORARY RESOLUTION #8750 authorizing the appropriate Ci
Officials to approve a one-year renewal of Bid 98-34B entitled "Furnis
Deliver and Discharge of Quicklime" issued to Chemical Lime Compar
on behalf of the Broward County Cooperative Purchasing Group.
RESOLUTION NO. R99-246
q. TEMPORARY RESOLUTION #8732, authorizing the appropriate C
Officials to execute the Florida Recreation Development Assistan
Program Grant Application to the Florida Department of Environmen
Protection in the amount of $102,500.00 for a total project cost
$205,000.00 in order to provide the residents and visitors enhanced Par
and Recreation Programs at Caporella Park; authorizing the City ca
match of $102,500.00 to be allocated from the grants — matching accour
RESOLUTION NO. R99-247
r. TEMPORARY RESOLUTION #8729 authorizing All Service Refuse
Company, Inc., to increase the single family solid waste collection rate
from $14.60 to $14.74 per month and the cost of City Logo Bags fron
$1.14 to $1.15 per bag, effective October 1, 1999; providing for ai
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automatic rate adjustment based on the customer price index and
Broward County Tipping Fee.
RESOLUTION NO. R99-248
S. TEMPORARY RESOLUTION #8767 authorizing the appropriate City
Officials to execute an Agreement between Broward County and the City
of Tamarac regarding $210,000.00 Community Development Block Grant
Funds from the United States Department of Housing and Urban
Development's 25th Year Funding for the extension of wastewater service
to Tamarac Lakes Section 1.
RESOLUTION NO. R99-249
END OF CONSENT AGENDA
9. TEMPORARY RESOLUTION #8684, setting a new schedule of permit
fees for construction projects within the City of Tamarac; repealing Resolutions
No. R-85-340 and R-83-130. City Attorney Kraft read Temporary Resolution
#8684, Revision #4, by title. Commissioner Roberts seconded by Commissioner
Sultanof moved approval. Commissioner Roberts said she hopes this resolution
will help settle the conflict with MediaOne. On roll call Commissioner Portner
voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-250
10, TEMPORARY ORDINANCE„ _ #1866, first reading, adopting an
amendment to the Future Land Use Element of the City's Comprehensive Plan in
accordance with Chapter 163, Subsection 163.3177(6)(a) of the Florida Statutes;
concerning a text amendment to incorporate a new objective and related policies
pertaining to Public School Facilities Siting and Public Facilities Collocation. City
Attorney Kraft read Temporary Ordinance #1866, Revision #1, by title on first
reading. Commissioner Roberts seconded by Commissioner Portner moved
approval. Interim Community Development Director King 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.
PASSED FIRST READING
PUBLIC HEARINGS 9:30 A.M.
11. TEMPORARY RESOLUTION #8717, relating to the construction of and
funding of water distribution facilities and wastewater collection facilities; creating
the North Section 7 Assessment Area; amending and confirming the initial
Assessment Resolution; establishing the maximum amount of the annual
assessment for each tax parcel; imposing assessments against property within
the North Section 7 assessment Area; approving the Assessment Roll; providing
for collection of the assessments; and providing an effective date. City Attorney
Kraft read Temporary Resolution #8717 by title. Commissioner Roberts
seconded by Commissioner Portner moved approval. Mayor Schreiber opened
the public hearing. Larry Mauer, 1765 SE 67 Street, Ft. Lauderdale, FL,
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representing J & J Plat, objected to the assessment as proposed and levied
against J & J's parcel. On behalf of SaniPip, Joel Gustafson, Esq., of Holland &
Knight, P.A., and Brian Shields, Director of Engineering, Calvin Giordano Ass .,
gave presentations and discussed the assessment methodology and the notice
to taxpayers. Mr. Gustafson asked for relief on behalf of his client, SaniPip. C ty
Manager Miller and Utilities Director Woika responded to questions.
Mayor Schreiber called for a recess at 10:25 A.M. At 10:35 A.M. the meeting
reconvened with everyone present. Mayor Schreiber reconvened the pub is
hearing, and with no one wishing to speak, closed the public hearing. On roll c all
Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commission r
Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Moti n
carried.
RESOLUTION NO. R99-251
12. TEMPORARY ORDINANCE #1864 second reading, authorizing the
appropriate City Officials to execute a second extension of one (1) month of the
Cable Television Franchise Agreement between the City of Tamarac, Florida and
MediaOne of Greater Florida, Inc. (MEDIAONE). City Attorney Kraft read
Temporary Ordinance #1864 on second reading by title. Commissioner Robeits
seconded by Commissioner Portner moved approval. Mayor Schreiber opened
the public hearing. Walter Coghlin, Mainlands 5, spoke about MediaOne not
completing the broadbanding work properly. Mayor Schreiber responded and
suggested that City Manager Miller follow up with MediaOne. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice MayDr
Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion
carried.
ORDINANCE NO.099-17
13. TEMPORARY ORDINANCE #1827 second reading amending Chapter
9, entitled "Health, Sanitation and Nuisances, Division 3 Trash, Weeds, and W
Id
Growth", adding "Section 9-55 Definitions"; amending Section 9-58 "Certain
Conditions, Accumulations Deemed Nuisance"; to add specific conditions a
d
accumulations to be deemed nuisances; amending Section 9-59 "Notice
f
Violation -Service; Contents"; amending the notice of violation form and process;
amending Section 9-60 "Same —Hearing; Review", to reduce the number of days
required for a public hearing on the public nuisances before a Special Mast
r;
amending Section 9-61 "Standing Water, Swamp, etc., creating Public Hazard
r
Nuisance —Prohibited", by adding sanitary nuisance conditions; amendir
g
Section 9-62 "Same —Notice to Abate; Failure of Owner to Comply; Hearin);
Abatement by City", amending the abatement process; amending Section 9-E
3
"Condition Remedied By City", to reduce the number of days to be consiste
t
with amendments to Section 9-60 after which the City may order corrective
action; to reduce the number of days the invoice is required to be paid;
to
increase the annual interest rate charged on the unpaid balance to ten (1
)
percent; and to delete the number of years a lien remains recorded; amendi
g
Section 9-64 "Records" to establish the Records Custodian for lien document
;
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providing for codification. City Attorney Kraft read Temporary Ordinance #1827
on second reading by title. Commissioner Sultanof seconded by Commissioner
Portner moved approval. Code Enforcement Manager Diemer gave a
presentation. Mayor Schreiber opened the public hearing and with no one
wishing to speak, closed the public hearing. Commissioner Roberts questioned
the meaning of "excessive" as it pertains to the Ordinance, and Code
Enforcement Manager Diemer responded. On roll call Commissioner Partner
voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-18
14. TEMPORARY ORDINANCE #1852, second reading revising the Code of
the City of Tamarac, Chapter 2, "Administration", Article III, "Boards,
Committees, Commissions", Division 2, "Code Enforcement Board", Section 2-
71, "Intent" to include a Special Master; Section 2-73, "Creation" to include a
Special Master; creating Section 2-73.01, "Definitions", providing for applicable
definitions; creating Section 2-73.02, "Establishing a Special Master", providing
for a Special Master's qualifications and appointment; creating Section 2-73.03,
"Support Staff", providing for support staff for a Special Master; creating Section
2-73.04, "Code Prosecutor Duties", providing for prosecutor of City Code
violations; creating Section 2-73.05, "Code Inspectors and Duties", providing for
the duties of City Code Inspectors; creating Section 2-73.06, "Conducting
Hearings", providing for the procedure of a Code Violation Hearing; creating
Section 2-73.07, "Establishing Fine and Lien", providing for the procedure for
fines and liens; creating Section 2-73.08, "Supplementary Provisions", providing
for additional, current or subsequent remedies; providing for codification. City
Attorney Kraft read Temporary Ordinance #1852 by title on second reading.
Commissioner Roberts seconded by Commissioner Sultanof moved approval.
Code Enforcement Manager Diemer gave a presentation. Mayor Schreiber
opened the public hearing, and Walter Coghlin, Mainlands 5, questioned the
difference between a Special Master and the Code Enforcement Board. City
Attorney Kraft and City Manager Miller responded. With no one else wishing to
speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor
Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-19
END OF PUBLIC HEARINGS
Commissioner Portner said Tamarac has recognized the most improvement in
the past ten (10) years, and the Mayor and Commissioners all work for the City.
There was discussion about wearing political badges in City Hall and Chambers.
Commissioner Sultanof seconded by Commissioner Roberts moved for
reconsideration of Item 8(n), TEMPORARY RESOLUTION #8731 authorizing
. the appropriate City Officials to accept and execute a Remetering Agreement
with Archstone Communities for Cameron Gardens to allow remetering of water
service for the purpose of allocation of the direct cost of water and sewer service
among multiple users subject to the terms of the applicable developer's
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agreement and in accordance with City Code Section 22-30, "Limitations of Use
On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yeE
Commissioner Roberts "no", Commissioner Portner "yes", and Mayor Schreibi
"no". Motion carried. Commissioner Sultanof seconded by Vice Mayor Mishk
moved approval. On roll call Commissioner Sultanof voted "yes", Commissiorn
Roberts "no", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayl
Schreiber "no". Motion carried.
There being no further business, Mayor Schreiber adjourned the meeting at
10:55 a.m.
i
CITY CLERK
JOE SCHREIBER, MAYOR
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