HomeMy WebLinkAbout1992-04-22 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, APRIL 22, 1992
- The
Chair at this time will announce those items which have been given
a specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
INTRODUCTION
1. a. PRESENTAZLM by City Manager Kelly of five-year service
awards to the following:
Kevin Kirby Fire Department
Douglas Griffith Fire Department
Kline Jones Public Services Department
b . P_RESENTATION by City Manager Kelly of a ten-year
service award to William Land, Finance Department.
C. PRESENZATTON by City Manager Kelly of a fifteen -year
service award to Michael Petz, Fire Department.
FINAL ACTIQN&-.
Presentations were made. Kevin Kirby of the Fire Department was
absent.
2. PRE�ATTAN by Mayor Bender of a proclamation designating
the week of April 26 to May 2, 1992, as "VICTIMS RIGHTS
WEEK".
FINAL &QTION:
Presentation was made by Mayor Bender to Lt. Stanton of the
Broward Sheriff's Office.
Page 1
4/22/92
3. PRESENTATION by Frank Zickar, Broward County Forester, of an
Arbor Day/Tree City U.S.A. award for 1991.
FINAL ACTION•
Presentation was made to Mayor Bender by Frank Zickar.
4. a. PEZBE= TTON by Mayor Bender of a proclamation
designating May 1, 1992, as "ARBOR DAY".
b PEZ6Z=JLT1QX by Mayor Bender of a Certificate of
Appreciation to Dominick Canazaro for his diligent work
and many contributions to benefit the veterans of the
United States.
4.a. Presentation was made by Mayor Bender to Frank Zickar,
Broward County Forester and Alan Levine, Operations Manager,
Public Services Department.
4.b. Presentation was made.
5. ANNOUNCEMENT of the expiration of the terms of office for
positions on the following boards and committees:
Board of Adjustment
Code Enforcement Board
Consumer Affairs Committee
Insurance Advisory Board
Investment Advisory Committee
Parks and Recreation Board
Planning Commission
Public Information Committee
Social Services Board
Urban Forestry Committee
Veterans Affairs Committee
If any Tamarac resident is interested in serving on any board or
committee, please contact the office of the City Clerk for an
application. If existing board and committee members desire to be
considered for reappointment, please indicate this by memo to the
City Clerk's office.
FJXAL ACTIQH:
Announcement was made by Mayor Bender.
PUBLIC __PARTICIPATION,
6. PUSLiC PARTICTPATTON - 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.
7. Items listed under Consent Agenda, Item 7, are viewed to be
routine and the recommendation will be enacted by ONE NOTION
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. the minutes of the City Council
Regular meeting of 3/25/92.
Page 2
4/22/92
b. MOTIQN TO APPROVE renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900
Southgate Boulevard for a six-month period from 5/24/92
to 11/24/92.
FINA:6 ACTION -
APPROVED
C. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for TAMARAC GARDENS in
Building 12, Unit 107, for a six-month period from
6/13/92 to 12/13/92.
FINAL ACTION;
APPROVED
d. MQ3:1ON TO APPROVE the attendance of Craig Turok,
Finance Department, MIS Division, at the Comprehensive
Computer Services, Inc., "File Internals/Fixing Group
Format Errors (GFE)" computer seminar in Tampa, Florida
June 4-5, 1992.
FINAL ACTION:
APPROVED
General Adminiftrative
e. MOTION TOADQPT Te �^$g. a6246 requesting that
the Broward County Board of Rules and Appeals amend
Section 4620 of the South Florida Building Code to
conform with Florida Administrative Code Section
17-555.360 and American Water Works Association
guidelines pertaining to cross connection and back flow
prevention control for community water systems.
TABLED to Council Workshop on Friday, April 24, 1992 at 1:30 p.m.
f. HOTION TO JWOPT Temp_a2so_ 46270 releasing
warranty bond #K03917277 in the amount of $164,080.00
posted for public improvements at the WESTWOOD PINES
APARTMENTS project.
FINAL &r.TION: RESOLUTION R-92-63-PASSED
APPROVED
9• authorizing the
appropriate City officials to execute a Right -Of -Way
Consent Agreement furnished by Florida Power & Light
Company to allow construction of a Military Memorial at
VETERANS PARK.
FINAL ACTION r
APPROVED
RESOLUTION R-92-64-PASSED
Page 3
4/22/92
8. MOTION TO APPROVE a request by the LAKES OF CARRIAGE
HILLS that the City of Tamarac assume maintenance
responsibility of the medians at Sabal Palm Boulevard.
Uelyj D1 r
9, to waive the provisions
of the sign code to allow a ground directory sign that
exceeds 12 square feet in area, exceeds 4-feet in height and
is closer than 50-feet from the property line at SWANSONS
WEST at the corner of NW 84 Terrace and Commercial Boulevard.
RESOLUTION R-92-65-PASSED
10. MOTION TO ADOPT TemF_ Rego_ #6268 appointing four (4)
members to the REDISTRICTING COMMITTEE pursuant to
Section 6.03 of the Charter (tabled on 4/16/92).
FINAL ACTIONI
TABLED for Special Council Meeting to be held on Friday, April 24,
1992 at 1:00 p.m.
11. concerning a request by
Barry S. Eden, Trustee, for special exception to permit a dry
cleaning establishment in Bay 2 of WOODMONT COMMONS,
8081 W. McNab Road, which is zoned B-1 (Neighborhood
Business). Petition #6-Z-92
FINAL ACTIOINL•
APPROVED
RESOLUTION R-92-66-PASSED
12. MOTION TO ADOPT Tema_ Rego_ #6275 concerning a request by
YOUTHLAND ACADEMY for special exeption to permit a day care
center in Bays 36 through 40 of TAMARAC TOWN SQUARE
SHOPPING CENTER, 8171 Pine Island Road, which is zoned B-2
(Planned Community Business). Petition #7-Z-92
FINAL ACTION:
APPROVED with the following
1) A sodium vapor light be
facility.
2) A minimum of knee walls
doorways.
3) The tree in the rear of
and replaced or trimmed
RESOLUTION R-92-67-PASSED
conditions:
installed in the front of the
installed at four of the five
the shopping center be either removed
to a satisfactory condition.
11
Page 4
4/22/92
13. a. MOTION TQ__ADOPT Tem2. Reaso. 96278 declaring certain
equipment and miscellaneous small goods as surplus and
directing that an auction be held on Saturday, May 9,
1992, at 10:00 a.m., at the Public Services
Administrative Complex, 6001 Nob Hill Road, pursuant to
Section 6-153 of the City Code.
b. XQTION TO ADOPT -Tom- Rego- #6280 declaring certain
equipment as surplus and authorizing disposition of such
equipment in accordance with Sec. 2-316 (2) of the City
Code.
RESOLUTION R--92--68-PASSED
gINAL ACTION,;, RESOLUTION R-92-69-PASSED
APPROVED 13.a. and 13.b.
14. MOTIQH TO ADOPT eMR Reso. #6274 authorizing the
appropriate City officials to execute an Agreement between
Broward County and the North Cities (Coconut Creek,
Lauderhill, Margate, North Lauderdale and Tamarac) for
distribution of excess proceeds for the Third Year Recycling
Grant Program in the additional amount of $26,714.00.
FINAL ACTIQN- RESOLUTION R-92-70-PASSED
APPROVED
15. awarding Bid #92-08 to
Sav-On Utility Supplies, Inc., for the City's annual purchase
of fire hydrants, tapping sleeves, valves, pipe and related
appurtenances for Project 90-19, TUW Fire Hydrant Program.
FINAL &CTION:
APPROVED
RESOLUTION R-92-71-PASSED
16• awarding Bid #92-09 in
the amount of $221,963.00 to Utilities Services, Inc., for
the Rehabilitation of Pump Stations #14A and #21, TUW Project
88-24, and to APPROVE the appropriate budget transfers to
fully fund this project.
�40CJ: *R
MMUZOIT01
RESOLUTION R-92-72-PASSED
PUBLIC AEARINQS 10 00 A.M.
117.
concerning a request by YOUTHLAND ACADEMY for limited
parking waiver which would reduce the number of required
loading zones from eight (8) to six (6) in order to permit
the use of Bays 36 through 40 of TAMARAC TOWN SQUARE
SHOPPING CENTER, 8171 Pine Island Road, as a day care
center. Petition #10-Z-92
FINAL ACTJQN* RESOLUTION R-92-73-PASSED
Public Hearing was held.
APPROVED
Page 5
4/22/92
authorizing the issuance of water and sewer utility revenue
bonds, Series 1992, in an aggregate principal amount not to
exceed $13,000,000 for the purpose of providing funds to
refund the City's water and sewer utility revenue bonds,
Series 1986.
FINAL ACTION RESOLUTION R-92-74-PASSED
Public Hearing was held.
APPROVED as amended.
19.
authorizing the issuance of general obligation bonds in an
aggregate principal amount not to exceed $8,000,000 for the
purpose of providing funds to refund the City's general
obligation bonds, Series 1986 and Series 1987.
FINAL ACTION: RESOLUTION R-92-75-PASSED
Public Hearing was held.
APPROVED
20. PUBLIC SEARING - NOTION TO ADOPT TemR, Qrd. #1605 on
second reading to revise Section 19-3 of the Code to include
aluminum and glass as additional recyclables and to implement
a multi -family recycling program to include newspaper and
aluminum.
FINAL ACTION_ ORDINANCE 0-92-24-PASSED
Public Hearing was held.
APPROVED on second and final reading.
21. PUBLIC HEAZINQ - MOTION TO ADOPT Temn_ Ord. 41606 on
second reading to establish a fee of $1.50 per month for
single-family and other residences receiving curbside pickup
of recyclable materials and $.65 per month for multi -family
residences receiving dumpster service effective 5/1/92.
ORDINANCE 0-92-25-PASSED
Public Hearing was held.
APPROVED as amended on second and final reading.
Page 6
4/22/92
22. City Concil
23. City Attornay
24.
The City Council may consider and act upon such other business as may come before it.
In the event this agenda must be revised, such revised copies will be available to the public
at the City Council meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision
made by the City Council with respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is made which record includes
the testimony and evidence upon which the appeal is based.
Patricia Marcurio
Acting City Clerk
Page 7
4/22/92
City Council Regular Meeting
4/22/92/KJ
Page 1
r�
L
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
NEDNESDAY, APRIL 22, 1992
Mayor Bender called this meeting to order on
Wednesday, April 22, 1992 at 9:OO a.m. in the Council Chambers of
City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
Mayor Bender called for the Pledge of
Allegiance.
PRESZNTr
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Norman Abramowitz
Councilman Irving Katz
Councilman Joseph Schreiber
ALSQ PRESENT -
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Patricia Marcurio, Acting City Clerk
Karen Jackson, Secretary
******************************************************************
7• e• requesting that
the Broward County Board of Rules and Appeals amend
Section 4620 of the South Florida Building Code to
conform with Florida Administrative Code Section
17-555.360 and American Water Works Association
guidelines pertaining to cross connection and back flow
prevention control for community water systems.
SYNOPSIS OF ACXIQN,
TABLED to Council Workshop on Friday, April 24, 1992 at 1:30 p.m.
C/M Abramowitz MOVED to TABLE Item 7.e. from the Consent
Agenda regarding the back flow preventers, SECONDED by C/M Katz.
He said there will be a Council workshop on Friday, April 24, 1992
at 1:30 p.m, and this item should be discussed during that
meeting.
VOTE:
ALL VOTED AYE
7. b. MOTION TQ APPROVE renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900
Southgate Boulevard for a six-month period from 5/24/92
to 11/24/92.
SYNOPSIS OF hCTION:
See Page 4 for Final Action.
V/M Schumann asked if the fees for Item 7.b. of the Consent Agenda
have been paid and Mr. Kelly said the fees have been paid.
City Council Regular Meeting
4/22/92/KJ
Page 2
8. MOTXQN :CO_APPROVE. a request by the LAKES OF CARRIAGE
HILLS that the City of Tamarac assume maintenance
responsibility of the medians at Sabal Palm Boulevard.
See Page 8 for Final Action.
C/M Abramowitz referred to Item 8 and the possibility that there
may be a Conflict of Interest regarding this matter.
Mr. Kelly said it would be more appropriate to discuss this item
with the City Attorney at the time the item comes up on the agenda
for discussion.
C/M Katz said he had asked the City Attorney for his opinion as to
whether there is a Conflict of Interest based on the fact that he
lives in Lakes of Carriage Hills and Mr. Kraft had informed him
that it may represent a conflict. He said if this Item remains on
the Agenda, he will abstain from the vote.
C/M Abramowitz requested a written comment from the City Attorney
regarding this because this could have ramifications in the
future.
Mr. Kelly said the appropriate time to handle this is when Council
reaches that item on the agenda and C/M Abramowitz agreed.
1. a. PRESENTATION by City Manager Kelly of five --year service
awards to the following:
Kevin Kirby Fire Department
Douglas Griffith Fire Department
Kline Jones Public Services Department
b, PRESENTATION by City Manager Kelly of a ten-year
service award to William Land, Finance Department.
C. PRESENTATION by City Manager Kelly of a fifteen --year
service award to Michael Petz, Fire Department.
SYNOPSIS OF ACTION:
Presentations were made. Kevin Kirby of the Fire Department was
absent.
2. PRESENTATION by Mayor Bender of a proclamation designating
the week of April 26 to May 2, 1992, as "VICTIMS RIGHTS
WEEK".
SYNOPSIS QF AQXIOX*
Presentation was made by Mayor Bender to Lt. Stanton of the
Broward Sheriff's Office.
Lt. Stanton expressed her appreciation to the City.
S • PRESENI&XION by Frank Zickar, Broward County Forester, of an
Arbor Day/Tree City U.S.A. award for 1991.
AXNOPSIS OF ACTx,QtLL
Presentation was made to Mayor Bender by Frank Zickar.
City Council Regular Meeting
4/22/92/KJ
Page 3
4. a. PRESERIATION by Mayor Bender of a proclamation
designating May 1, 1992, as "ARBOR DAY".
b. PRESENTATTON by Mayor Bender of a Certificate of
Appreciation to Dominick Canazaro for his diligent work
and many contributions to benefit the veterans of the
United States.
,SYNOPSIS OF ACTION.
4.a. Presentation was made by Mayor Bender to Frank Zickar,
Broward County Forester, and Alan Levine, Operations Manager,
Public Services Department.
4.b. Presentation was made.
4.b. Mayor Bender invited Dominick Canazaro, Mary Marin, Shirley
Cuert, Beverly Nichols, Nora Gould, Phil Weinberger and Lou Sohn
to join him in the front of the Chambers.
C/M Abramowitz said this is a wonderful group of people and
commended all for their fine work.
Mayor Bender presented Mr. Canazaro with a Certificate of
Appreciation.
Mr. Canazaro expressed his appreciation to all. He said the money
they collected purchased a television set for the Veterans
Hospital along with a food certificate from Publix.
5. ANNOUNCEMENT of the expiration of the terms of office for
positions on the following boards and committees:
Board of Adjustment Planning Commission
Code Enforcement Board Public Information Committee
Consumer Affairs Committee Social Services Board
Insurance Advisory Board Urban Forestry Committee
Investment Advisory Committee Veterans Affairs Committee
Parks and Recreation Board
If any Tamarac resident is interested in serving on any board or
committee, please contact the office of the City Clerk for an
application. If existing board and committee members desire to be
considered for reappointment, please indicate this by memo to the
City Clerk's office.
SYNOPSIS OF ACTION:
Announcement was made by Mayor Bender.
6. PUBLIQ PARTTCig�,�L= - 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.
Mary Seidel, resident of Kings Point, requested that consideration
be made on the need for sidewalks in the Lime Bay area and if the
money is not available, that Council place it on for Referendum
again for the public.
Melanie Reynolds, resident, expressed her concerns regarding
omissions from the Code throughout the years and asked if this is
in violation of the State Law and if it is in conflict with the
Charter.
Mayor Bender said the City Manager will review this.
Ms. Reynolds expressed her concerns over the amount of money the
City may have lost in the sale of the old City Hall building.
City Council Regular Meeting
4/22/92/KJ
Page 4
Ms. Reynolds requested that Council consider taking their vacation
according to the time the budget needs to be worked.
Nathan Peretzman, resident, expressed his concerns regarding the
City's problems with the Medics Ambulance Service.
Mary Blasi, Finance Director, said there is a meeting scheduled
between Medics Ambulance Service and her regarding an audit.
Bernard James, resident of Kings Point, expressed his concerns
regarding Continental Cablevision and the possibilities of the
City having its own cable line.
Mayor Bender said there is a meeting this evening in Pembroke
Pines regarding this.
Jules Gersten, resident of Bermuda Club, requested more
information regarding the recycling program in the City for the
multi -family units. He expressed his concerns regarding the
elderly and the access to the containers.
Dina McDermott, Assistant City Manager, explained the recycling
procedures and the number of containers per unit.
TAPE 2
7. Items listed under Consent Agenda, Item 7, 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.
City __-Clerk
a. MOTION TO APPROVE the minutes of the City Council
Regular meeting of 3/25/92.
b. MOTION TO MEE= renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900
Southgate Boulevard for a six-month period from 5/24/92
to 11/24/92.
-• r
C MOTIQX IQ UPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for TAMARAC GARDENS in
Building 12, Unit 107, for a six-month period from
6/13/92 to 12/13/92.
SYNOPSIS__- OF ACTION
APPROVED
City Council Regular Meeting
4/22/92/KJ
Page 5
d. MOTION TO APPROVE the attendance of Craig Turok,
Finance Department, MIS Division, at the Comprehensive
Computer Services, Inc., "File Internals/Fixing Group
Format Errors (GFE)" computer seminar in Tampa, Florida
June 4-5, 1992.
SYNOPSIS Or. ACTION:
APPROVED
e. MOTION __TO__ADOPT Temp_ _ ReSo_ #6246 requesting that
the Broward County Board of Rules and Appeals amend
Section 4620 of the South Florida Building Code to
conform with Florida Administrative Code Section
17-555.360 and American Water Works Association
guidelines pertaining to cross connection and back flow
prevention control for community water systems.
SYNOPSIS OF ACTION:
See Page 1 for final action.
f. MOTION TO ADOPT __Temn.__Reso. #6270 releasing
warranty bond #K03917277 in the amount of $164,080.00
posted for public improvements at the WESTWOOD PINES
APARTMENTS project.
SYNOPSIS OF _ACTION; RESOLUTION R-92-63-PASSED
APPROVED
g. XQTION TO ADOPT TemT_ Reso_ #6277 authorizing the
appropriate City officials to execute a Right -Of -Way
Consent Agreement furnished by Florida Power & Light
Company to allow construction of a Military Memorial at
VETERANS PARK.
SYNOPSIS OF ACTION: RESOLUTION R-92-64-PASSED
APPROVED
C/M Schreiber MOVED to APPROVE the Consent Agenda, SECONDED
by V/M Schumann.
VOTE: ALL VOTED AYE
8. KQTION TO APPROVE a request by the LAKES OF CARRIAGE
HILLS that the City of Tamarac assume maintenance
responsibility of the medians at Sabal Palm Boulevard.
SYNOP ACTION:
APPROVED
Mr. Kelly said the City allows for these types of requests to come
in and most municipalities in the County allow the delegation
requests when a community or homeowner's association wants to put
something on the agenda. He said the City provides an internal
format for them to get a petition of a majority of residents in
the community and will schedule for Council action.
Mr. Kelly said they have requested that the City assume the
maintenance of the medians. He said the City is not happy with
accepting this responsibility. He said Mr. Couzzo reported to him
that the feasibility of assuming that responsibility has been
researched and it is not recommended that the City assume this
responsibility for the following reasons: 1) the total estimated
City Council Regular Meeting
4/22/92/KJ
Page 6
cost for a 12 month period to maintain it is approximately $3,060,
2) to maintain the medians will place added stress on the
equipment that the City currently has which will result in
additional service and repairs, 3) additional personnel will be
needed to properly schedule the extra work.
Mr. Kelly said there are additional factors that need to be
included. He said Staff is trying to make a determination as to -
how many other communities are in a similar situation and what the
City would be setting itself up for in the future. He recommended
against this request.
C/M Abramowitz MOVED this be Tabled until the City Manager's
office has time to investigate as to whether there are other areas
that fall under this.
C/M Katz said he would not vote on this item, but this came about
because a developer signs an agreement with the City and the unit
owners who buy from this developer do not know that they are going
to be responsible for maintenance in their core area. He said
people have to be made aware and contractors and developers have
to be made aware that their responsibility is not only to complete
a project, but so that the City does not fall into a situation
like this.
Mr. Kraft suggested that C/M Katz should not be speaking on this
item, based on his abstention, and C/M Katz agreed.
Mayor Bender called for a Second to the Motion with no response.
Motion died for lack of a Second.
C/M Schreiber said the City has practiced a policy of doing things
in some areas and not in another. He said the Woodlands had their
medians maintained by the City for many years until the recent
maintenance agreement was made. He said on NW 77 Street, the City
is putting in trees and maintaining it. He asked what the
agreement is on the site plan and if the developer is obligated to
maintain it or if it is the City's responsibility.
Mr. Kelly said the Woodlands project worked out to the benefit of
the City.
V/M Schumann said there was a developer who had agreed during his
site plan process that he was going to maintain this median and
then he decides that he does not want to maintain it. He said he
does not want to expend any public funds for any private
enterprise. He said this does not make sense. He said the City
will get requests from other areas in the City.
C/M Abramowitz said when a street is dedicated to the City, the
City assumes the responsibility of maintenance. He said if
Carriage Hills is part of Tamarac, he sees nothing wrong with
doing for Carriage Hills as anywhere else in the City. He said if
there are other areas that fall into this category, then they
should be done if it is requested.
Mr. Kelly said this is a common ploy and is common practice
throughout municipalities where a developer comes in and makes a
promise and commitment to build a road that is substandard and
agree to maintain it. He said the developer then comes in to
Council with a plea that they did not know that they were going to
get stuck with this. He said the City is faced at present as to
whether or not to accommodate these people, recognizing that this
is opening a Pandora's box to others. He said he did not know
exactly how many other areas are in need of this.
Mr. Kelly said if there is a cost sharing to this and they
continue this responsibility, this will have to be reflected in
taxes or additional manpower will be necessary in the Public Works
Department. He said all of these are factors which need to be
considered by Council.
City Council Regular Meeting
4/22/92/KJ
Page 7
11
C/M Schreiber MOVED to APPROVE Item 8, SECONDED by
V/M Schumann.
VOTE: V/M Schumann - NAY
C/M Schreiber - AYE
C/M Abramowitz - AYE
C/M Katz - ABSTAINED
Mayor Bender - AYE
Mr. Kraft said this abstention is based on the fact that C/M Katz
resides in the Lakes of Carriage Hills and his maintenance fees
may go up or down as a result of this decision. (See Attachment 1)
17.
concerning a request by YOUTHLAND ACADEMY for limited
parking waiver which would reduce the number of required
loading zones from eight (8) to six (6) in order to permit
the use of Bays 36 through 40 of TAMARAC TOWN SQUARE
SHOPPING CENTER, 8171 Pine Island Road, as a day care
center. Petition #10-Z-92
RESOLUTION R-92-73-PASSED
Public Hearing was held.
APPROVED
Mr. Kraft read Temp. Recto. #6276 by title.
Kelly Carpenter, Director of Community Development, asked if the
special exception which is pending needs to be heard first and Mr.
Kraft said it should probably be switched.
Ms. Carpenter said Council needs to consider the special exception
prior to the parking waiver. She suggested that the Public Hearing
be held with the condition of approval of the special exception
and ALL AGREED.
Ms. Carpenter said this is an application by Youthland Academy and
Tamarac Town Square Shopping Center for the approval of a limited
parking waiver to reduce the number of required loading zones from
eight to six. She said the applicant has submitted the attached
letter which justifies the parking waiver. She said the applicant
has stated and the Staff has concurred by field inspections that
the loading spaces eliminated are rarely, if ever, used; however,
if another large tenant occupies some of the vacant bays and one
or both loading zones are needed, there is a special exception
pending and a minor site plan amendment has been approved by the
Plan Adjustment Committee.
Ms. Carpenter said the property is zoned B-3 and the special
exception requires the day care which is consistent with the
Comprehensive Plan. She said the Planning Commission has
recommended approval of this parking waiver. She said a letter
from the applicant shows that the applicant agrees that if the
loading zones are needed, that they will be reinstalled at the
direction of the City.
Ms. Carpenter said Staff recommends approval of the parking waiver
subject to the Findings of Fact and further recommend that
conditions be placed on the waiver such that upon the right of the
City, the loading zones shall be reinstalled and the site plan so
amended. She displayed the site plan to the Council and public.
Ms. Carpenter said Staff is not objecting to the removal of these
loading zones and have found several areas in which loading zones
could be replaced in the future. She said in the parallel parking
area in the rear of the shopping center, it is considerably over
the required amount of parking such that they could eliminate
City Council Regular Meeting
4/22/92/KJ
Page 8
spaces if the area needs a loading zone in the future. She said
Staff is'recommending approval for the removal of the loading
zones.
C/M Katz MOVED to APPROVE Temp. Reso. #6276, SECONDED by
C/M Abramowitz.
C/M Katz said at the Site Plan Review and Plan Adjustment meeting,
the approval was given subject to the unloading of the children in
the rear of the shopping center, which would make it impossible to
make that a loading zone.
Ms. Carpenter said the loading zone will only exist if the day
care vacates the bay.
C/M Abramowitz said there is an existing poor lighting situation
in that area and requested that additional lighting be installed
due to that particular area being quite dark during certain times
of the year.
Ms. Carpenter said this should be added as a condition to the
special exception in Item 12 and not to the parking waiver and C/M
Abramowitz agreed.
C/M Schreiber asked if the play area includes the grassy area and
Ms. Carpenter said, yes.
C/M Schreiber asked if it meets Code 89-121 requiring 45 square
feet per child and Ms. Carpenter said it exceeds the County
requirement.
Mayor Bender said the City has a minimum Code requirement and
asked if this meets the requirement and Ms. Carpenter said it has
been checked, but not for this application.
Ms. Carpenter said before a building receives its Certificate of
Occupancy, the electrical inspector goes out and examines the
lighting system; therefore, it has met the requirements.
C/M Abramowitz suggested someone visit this location at night and
possibly the City's Code is not stringent enough in this aspect.
Mayor Bender OPENED the Public Hearing.
Melanie Reynolds, resident, expressed her opinion regarding the
required advertising of this application.
Ms. Carpenter said the Code is silent on the advertising
requirements for parking waivers and it is the opinion of the City
Clerk's office that adequate advertising time was allowed.
Anthony Grimaldi, resident of Sunflower Heathgate, asked if this
came before the Planning Commission and Ms. Carpenter said it was
presented to them on April 15, 1992. Mr. Grimaldi asked what their
decision was and Ms. Carpenter said they recommended approval on
it.
Alan Gabriel, attorney representing Youthland Academy, said this
request meets all requirements.
Mayor Bender CLOSED the Public Hearing with no further response.
VOTE: ALL VOTED AYE
City Council Regular Meeting
4/22/92/KJ
Page 9
I
00
authorizing the issuance of water and sewer utility revenue
bonds, Series 1992, in an aggregate principal amount not to
exceed $13,000,000 for the purpose of providing funds to
refund the City's water and sewer utility revenue bonds,
Series 1986.
3XNOPSIS OF ACTION: RESOLUTION R-92-74-PASSED
Public Hearing was held.
APPROVED as amended.
Mr. Kraft read Temp. Reso. #6266 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6266 as amended,
SECONDED by V/M Schumann.
Mr. Kelly said it was the City's intention to take advantage of
the market to attempt to refinance these two existing bonds. He
said the City has selected a Financial Advisor and a Bond Counsel
who had previously met with Council to discuss some of the
concerns that had arisen. He said the intent is that the initial
market analysis determined that the City could take approximately
one million dollars at present value and possibly up to two
million dollars over the life of the bonds. He said the time is of
the essence in this matter. He said Gerry Heffernan and Clark
Bennett had recommended that this be a public hearing to inform
the public as to what exactly the City is trying to do.
Gerry Heffernan, attorney with Fine, Jacobson, et. al., said there
are a couple changes in the resolution. He said in the heading of
the resolution, Line 5 from the bottom shows, "certain pledge
revenues" but should state, "certain net revenues". He said on
Page 2, Section 3, it should read, "Water and Sewer Utility
Revenue Refunding Bonds". He said on Page 5, Subparagraph C,
Paragraph 2, should read, "final maturity" and the next line
should read, "City" instead of "County".
Mr. Heffernan said a Special Council meeting was held to discuss
this issue and it was recommended that Council pass this
resolution after a Public Hearing, but it is not required by the
Code or the Charter. He said it was felt that it was important for
the residents to understand that the City is refinancing bonds
that were previously approved by a Referendum and by validation in
1985 by the City.
Mr. Heffernan said the purpose at that time was to refund existing
bonds that were issued in 1980 and also to do more capital
improvements to the City's sewer system. He said the Charter
requires a Referendum any time that the City is to issue debt in
which it is going to acquire or construct a new capital project.
He said the purpose of that provision is to give the citizens an
opportunity to vote on the capital project and to vote on the
bonds that are going to be issued.
Mr. Heffernan said what is being proposed at present is to refund
those bonds that were issued in 1986. He said the sole purpose is
to achieve an interest cost savings to the City. He said there is
not going to be any new project financed, none of the proceeds
will be used to acquire or construct a new project, but is going
to be for the purpose of getting interest cost savings for the
City.
Mr. Heffernan said the market changes from time to time and this
is not the last voice the City will have on this. He said a
resolution will be brought back to Council after the Underwriter
is selected. After the Underwriter has looked into the market, he
will come back to Council with a market analysis at the time the
City would be selling the bonds. He said the market may change so
City Council Regular Meeting
4/22/92/KJ
Page 10
much that there would not be enough savings to make this financing
feasible at the time.
Mayor Bender asked the savings to the City based on the current
interest rate and Mr. Kelly said the net savings could be
approximately one million dollars and possibly, over the life of
it, could be approximately two million dollars.
Mayor Bender said time is of the essence based on the market
changes.
Mayor Bender OPENED the Public Hearing.
Anthony Grimaldi, resident of Sunflower Heathgate, asked if the
money saved will be given to the citizens of the City.
Mr. Kelly said Council will be making that determination.
Mayor Bender said there will be a reduction on the debt service
which will be predicated on what the savings will be.
Nathan Peretzman, resident, asked if the refinanced dollar amount
will be the same as the current balance of $11,655,000 as of
October 1, 1991. He said the City should not borrow more than the
current balance. He asked if the wording and clauses will remain
the same. He said there seems to be a conflict between Article 5,
Section 511 and 512, Page 27 and Section 707, Page 33 of
Resolution 85-436. He said this is also a conflict between the
City Charter 7.18 and Article 5, Section 511 and 512, Page 27,
Resolution 85-436. He said he would like answers to this.
Mr. Peretzman said the Rebate Fund was added and requested that
this be explained to the residents.
TAPE 3
Mr. Heffernan said the resolution says not to exceed 13 million
dollars and the amount that is outstanding at present is
$11,655,000. He said the reason it says not to exceed 13 million
dollars is because at this time it is not known how much it is
going to take to refund the outstanding bonds. He said there is a
possibility that there will be more debt outstanding than at
present. He said there will be a present value savings because
less interest is being paid on the amount that is outstanding. He
said over the same maturity, the City may have more debt
outstanding, but the overall debt service costs will be reduced.
Mr. Heffernan said the Rebate Fund is something that came about
since 1986 and prior to 1986, there was not a requirement in the
Tax Code for a Rebate Fund. He said a Rebate Fund is monies that
have to be collected and rebated back to the Federal Government.
He said if the City invests in the bonds, the monies held at a
yield as an excess of the bond yield, then the money must be
rebated back to the Federal Government.
Melanie Reynolds, resident, said copies of this type of resolution
should be available to the public for review prior to the Public
Hearing. She said in this resolution, it shows that it was signed
in September, but her copy shows being signed in December.
Mr. Heffernan said Resolution 85-436 was originally adopted in
September and was amended in December.
Ms. Reynolds said she does not know how Council can vote on these
resolutions because they are not intimately involved. She said
there used to be no committees and Council did its own work.
Mayor Bender CLOSED the Public Hearing with no further response.
VOTE: ALL VOTED AYE
City Council Regular Meeting
4/22/92/KJ
Page 11
19.
authorizing the issuance of general obligation bonds in an
aggregate principal amount not to exceed $8,000,000 for the
purpose of providing funds to refund the City's general
obligation bonds, Series 1986 and Series 1987.
SYNOPSIS OF- ACTION: RESOLUTION R-92-75-PASSED
Public Hearing was held.
APPROVED
Mr. Kraft read Temp. Recto. #6267 by title. He asked if any
corrections need to be made on this resolution and Mr. Heffernan
said, no.
C/M Katz MOVED to APPROVE Temp. Reso. #6267, SECONDED by
V/M Schumann.
Mr. Heffernan said this is the same as the previous resolution.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE:
ALL VOTED AYE
20. on
second reading to revise Section 19-3 of the Code to include
aluminum and glass as additional recyclables and to implement
a multi -family recycling program to include newspaper and
aluminum.
ORDINANCE 0-92-24-PASSED
Public Hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1605 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1605, SECONDED by
V/M Schumann.
Ms. McDermott said this ordinance is to include in the Code
additional recyclable materials.
Mayor Bender OPENED the Public Hearing.
Jules Gersten, resident of the Bermuda Club, asked for more
information regarding the recycling program.
Ms. McDermott said single-family homes are recycling newspaper,
clear glass and aluminum cans. She said the multi -family homes are
on a different program and will be recycling newspapers and
aluminum cans and will not be doing glass at this time. She said
there will be drop-off centers at City Hall and several different
recreation areas for clear glass, plastic, aluminum and newspaper.
Milton Stetnor, resident, asked what the rationale is to the $1.50
per month for the single-family homes and the $.65 per month for
the multi -family homes and Mayor Bender said that is the next item
on the agenda.
Mayor Bender CLOSED the Public Hearing with no further response.
C/M Abramowitz said the State requires that the municipalities
must remove 30% of the waste stream or else the revenue sharing
may be lost. He said there has always been a stumbling block with
the multi -family recycling. He said the five cities went out to
City Council Regular Meeting
4/22/92/KJ
Page 12
bid and Southern Sanitation, who collects the newspapers, had a
bid that was double what the City finally opted for. He said the
City opted to go with the company with the lowest bid.
C/M Abramowitz said this is new and is a change and any change is
unsettling. He said this is being done all over the country and is
something that is a necessity. He said there has been a tremendous
amount of work done to reach this point to include the multi-
family units. He said this is a new program and it will change
according to trial and error.
C/M Schreiber asked how many containers will be provided for the
three story buildings and how many for the one and two story
buildings and Ms. McDermott said the containers are distributed
based on the unit count.
Ms. McDermott said for every twenty units, they get two containers
for newspaper and one for aluminum cans. She said the information
is based on the City of Coconut Creek's pilot program which tested
this over the past year and one half and this is what is adequate
for once a week pickup. She said All Service Refuse is working
very closely with the Condo Association Leaders and the Property
Managers.
C/M Schreiber said this is a great program, unfortunately, the
better the cities do in this program, the more it costs the
public. He said the City is obligated to reduce the garbage by 30%
by 1994 and when the City does this, the County raises the tipping
fees and charges the City more money due to lack of providing more
garbage.
C/M Katz said the City should speak with the State Legislators to
get some kind of relief from the mandates they put on the
municipalities.
Mayor Bender said the Council recently attended a County meeting
on this subject and the County decided to hold another workshop on
this because there has been a Catch 22 situation.
VOTE: ALL VOTED AYE
21. gUBLIr. UZ&BING - MOTION TO ADOPT Tenn, Ord_ #1606 on
second reading to establish a fee of $1.50 per month for
single-family and other residences receiving curbside pickup
of recyclable materials and $.65 per month for multi -family
residences receiving dumpster service effective 5/l/92.
sympals or ACTION: ORDINANCE 0-92-25--PASSED
Public Hearing was held.
APPROVED as amended on second and final reading.
Mr. Kraft read Temp. Ord. #1606 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1606, SECONDED by
C/M Abramowitz.
Ms. McDermott said this is the ordinance which establishes the
fees that will be charged to single-family and multi -family
homeowners. She said on February 19, 1992, the Tamarac City
Council passed Resolution 92--22, approving an agreement with All
Service Refuse Company to expand the single-family curbside
recycling program from newspaper to include glass and aluminum.
Ms. McDermott said this agreement also provided for the
implementation of the multi -family program which includes condos,
apartments, townhomes, villas, duplexes and other such dwellings.
She said the recycling program will include newspaper recycling.
She said the rate structure that the City has at present was based
on a bid process.
City Council Regular Meeting
4/22/92/KJ
Page 13
Ms. McDermott said All Service Refuse Company was the lowest,
fully responsive and responsible bidder for these programs. She
said the single-family home program presently has a newspaper
program in place, which is done by Southern Sanitation. She said
the City has two years left on the contract with Southern
Sanitation. She said at present, these residents are being charged
$.76 for this service and based on the Consumer Price Index
increase, the City is now contractually obligated to increase the
rate from $.76 to $.80 per unit per month.
Ms. McDermott said all of the other recycling for single-family,
glass and aluminum, will be handled by All Service Refuse Company.
She said the charges for single-family units for clear glass and
aluminum cans is $.70 per month, which means that $1.50 per month
is the total charge for single-family units.
Ms. McDermott said multi -family units will be charged $.65 per
unit per month to recycle newspaper and aluminum cans. She said
the City is being broken into phases. She said east Tamarac from
the City limits to Pine Island Road will be in Phase 1 for multi-
family, which means that all of the units that are in that area
will recycle beginning May, 1992 and the billing will begin in
June, 1992. She said Phase 2 will begin in June, 1992 and billing
will be in July, 1992. She said single-family comes on-line for
recycling on May 1, 1992 and their billing will be effective in
June, 1992.
C/M Schreiber said in the multi -family situation there are two
phases, Phase 1 which goes into effect on May 1 and the billing
begins on June 1 and Phase 2 goes into effect on June 1 and the
billing is in July. He said the ordinance should so state when the
phases go into effect and when the billing goes into effect.
Ms. McDermott said it should read, "Single-family homes billing
rate Phase 1 effective June 1, 1992, and Phase 2 Multi -Family
effective July, 1992".
C/M Katz AMENDED the Motion.
C/M Abramowitz asked if this is going to be amended for the time
that the billing starts or to the time where it is mandatory to do
the collecting. He said this cannot start at the time of the
billing date.
Ms. McDermott said C/M Schreiber is addressing Section 1 of the
Ordinance regarding the billing procedures. She read the amendment
as follows: "The billing for such service shall be effective for
single-family homes and Phase 1, multi -family homes, June 1, 1992,
and July 1, 1992, Phase 2, multi -family homes".
Mayor Sender OPENED the Public Hearing.
Milton Stetnor, resident, questioned the high cost for the
recycling collection. He said all of these materials carry a cash
value which is substantial.
Anthony Grimaldi, resident of Sunflower Heathgate, expressed his
concerns regarding waste collection and suggested Council ask for
help from the State Legislature. He asked where the money is that
comes from the recyclable material.
Ms. McDermott said the City's contract expires for garbage service
this year citywide. She said the City is attempting to get a "pay
for what you use" program. She said the single-family home is a
separate program from the multi -family home in the way that they
recycle. She said the City's contract with All Service Refuse
currently provides for a 50/50 split in revenue which means that
if the City gains $100 or $100,000 from recycling, the City will
receive half of that money.
Ms. McDermott said it takes some time to get the revenue in
because the people need to be educated before they understand what
City Council Regular Meeting
4/22/92/KJ
Page 14
needs to be done. She said the newspaper market bottomed out. She
said at one point newspaper was $25.00 per ton, the price
decreased continuously and at this time, the County said it is
back up to $25.00 per ton.
Ms. McDermott said the City does not enjoy that revenue with the
existing contract with Southern Sanitation. She said currently
aluminum is $.23 per pound. She said any revenue that is generated
from these products, the City gets 50% back. She said the Council
will have to decide how this revenue will be handled, as to
whether the City will decrease the cost for recycling, or for
containers, promotions or other such things.
Mayor Bender said Council is trying to get the State Legislators
to work with them. He said recycling cannot work unless the State
and Federal Government makes it mandatory that the recycled
material be utilized. He said there must be a market to sell.
Mayor Bender CLOSED the Public Hearing.
VOTE:
ALL VOTED AYE
Mayor Bender RECESSED the meeting at 11:00 a.m, and RECONVENED
at 11:05 a.m. with ALL PRESENT.
9. MOTION TO ADOPT Tema_ Reso_ #6271 to waive the provisions
of the sign code to allow a ground directory sign that
exceeds 12 square feet in area, exceeds 4-feet in height and
is closer than 50-feet from the property line at SWANSONS
WEST at the corner of NW 84 Terrace and Commercial Boulevard.
SYNOPSIS OF ACTION: RESOLUTION R-92-65-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6271 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6271, SECONDED by
C/M Abramowitz.
Dan Wood, Chief Building Official, said the applicant is applying
for a waiver to the Sign Ordinance to allow for a directory sign
to be permitted on the corner of Commercial Boulevard and NW 84
Terrace. He said Code Enforcement cited the owners to repair an
existing directory sign, but instead of repairing it, the
applicant removed the sign and built a new one in its place,
without obtaining the required permit and is now in violation of
Sections 18-65 (c)(f)(g) of the Sign Ordinance.
Mr. Wood said the sign exceeds tour feet in height and is closer
than 50 feet to the property line. He said the Building Official
cannot recommend approval of the waiver.
C/M Abramowitz asked if this is occupied by American National Bank
and Mr. Wood said they are the declared owners of the property.
C/M Abramowitz said he would be in favor of anything that can be
done that will not jeopardize the health, safety and welfare of
the residents and to encourage business opportunities. He said
possibly the Sign Ordinance needs to be changed.
C/M Schreiber asked what the size of the sign was prior to the
rebuilding of it and Mr. Wood said it was approximately the same
size, but once it is repaired over 50%, then a new permit is
required.
City Council Regular Meeting
4/22/92/KJ
Page 15
Mr. Wood said when this sign was constructed, it was put up under
a previous ordinance and had deteriorated. He said Code
Enforcement had requested the sign be repaired and the current
ordinance no longer permits it to be the size it is.
C/M Schreiber asked why the City has ordinances if they are not
enforced. He asked why Council keeps looking to waive these Code
requirements based on the applicant not being aware of these
requirements. He said the City spent two years trying to achieve a
Sign Ordinance and did and there are always requests for waivers.
C/M Abramowitz said the purpose of Government is to allow the
Petitioner to come before the elected officials and state their
case. He said the City gives variances because even though an
Ordinance is passed, that does not mean it is proper. He said
Council is always looking to bring business into the City and do
everything possible to do so.
C/M Schreiber asked if C/M Abramowitz voted for the Sign Ordinance
and C/M Abramowitz said, no, at that time, he did not agree with
it.
C/M Abramowitz said he fought vigorously against the restrictive
covenants on this Sign Ordinance and that it was far too strict.
C/M Schreiber said it is to improve the appearance of the City.
C/M Abramowitz said the City was trying to pattern itself after
Coral Springs, which will not work because Coral Springs was a
planned City from the very beginning, their setbacks are
different. He said Tamarac is a nice City and the City should give
these people the opportunity to stay in business.
V/M Schumann said every time someone comes before Council and a
variance is granted, the City will begin to look like 441 with all
of the signs. He said either put an ordinance into effect and
enforce it or do not have one at all. He questioned the square
footage of the directory sign being discussed.
Mr. Wood said the sign is 77 square feet in size.
C/M Katz said he has no problem with the owner of the sign because
he contracted in good faith with the contractor.
TAPE 4
C/M Katz asked who would have the responsibility to take down this
sign if it must be removed and Mr. Wood said Code Enforcement
cited the owner; therefore, it would be the responsibility of the
owner to remove the sign.
Mr. Wood said this sign has been in existence since the shopping
center was first built, which is the reason it deteriorated and
Code Enforcement cited it for deterioration. He said the Sign
Ordinance enforces the condition of the sign.
C/M Katz asked if the contractor is responsible for taking out the
permit if he put the sign up without a permit. If he had put up
the sign without a permit, and subsequently cited, and then takes
out the permit, is the contractor required to pay a double fee.
Mr. Wood said the Building Department can enforce a double fee and
normally it is enforced.
C/M Katz said Council does not want contractors to come into the
City without pulling the proper permits and if they are cited,
they should be held accountable.
Mr. Wood said the applicant is present. He said they did act in
good faith and the reason the sign was replaced was because it
would have cost more in repairs than it would to remove and
replace it with another sign. He said he understood that the owner
was acting on the Code Enforcement's direction to repair the sign.
City Council Regular Meeting
4/22/92/KJ
Page 16
C/M Schreiber said it is the owner's responsibility to make sure
that the job is done correctly and if there are laws of the City
which are violated, the owner is responsible. He asked why the
owner is being absolved in this.
C/M Katz said he is not absolving the owner.
V/M Schumann asked if there is any grandfathering in the Code and
Mr. Wood said, no, with the exception that if a sign had been put
up previously, unless there is a change in copy, the City has to
ask that a new permit be obtained and they can maintain that sign
as long as the value does not exceed 50%.
Mayor Bender said the sign is a structure upon which signs are
placed and the sign on this structure is rather small.
Mr. Wood said it is approximately the same size as the old sign.
C/M Abramowitz asked if someone was remiss in not taking out a
permit and the Code says that they have to pay a double permit
fee, that is the way it should be. He said who pays it is between
the contractor and the owner, not the City. He said the City needs
to look at the Sign Ordinance and changes may need to be made. He
said the owner was cited for having a sign that had deteriorated.
He said it was a business decision by the owner not to repair, but
replace the sign. He said the City is obligated to review the Sign
Ordinance again.
Jay Duchell, President of Duchell Construction Company and
representative for American National Bank, said American National
Bank did this in good faith and had no intention of violating the
Building Code or any ordinance in the City. He said American
National Bank acquired the property in 1990 through foreclosure
and has attempted to market the property.
Mr. Duchell said in February, Code Enforcement cited American
National Bank for a dilapidated sign. He said he was asked by the
President of the Bank to repair the sign. He said he sent one of
his employees to repair the sign, who reported to him that the
sign was in poor condition. He said the employee attempted to
repair the sign and supplemented the old sign with a large amount
of new material and reconstructed the sign. He said he was then
contacted by the Building Department which informed him that a
building permit was required based on the erection of the new
sign.
Mr. Duchell said he applied for a building permit the next day and
spoke with Mr. Wood. He said Mr. Wood explained to him that there
had been a Sign Ordinance change and that the City no longer
allows that type of directory sign. He said Mr. Wood had
instructed him to apply for a waiver.
C/M Schreiber asked the cost of the sign and the cost of
replacement to meet the Code and Mr. Duchell said the parts of the
sign were replaced identically to what was already there.
C/M Schreiber asked the cost to remove this sign and replace it
with one that will meet the Code and Mr. Duchell said he does not
really know what the existing ordinance states as far as what
would be required for a directory sign.
Mr. Duchell said his company is not too involved with signs and
permits and it would be an astronomical task to stay up on every
municipality's ordinance. He said American National Bank deems
this sign fairly important to the marketing of the building
because any tenant going into the building has concern about
signage and the ability to inform the consumers of their business
being there.
Mr. Wood said in that location only a ground or monument sign is
currently permitted which only allows for the name of the shopping
City Council Regular Meeting
4/22/92/KJ
Page 17
plaza to be on it. He said there is no longer a provision for a
directory sign.
Mayor Bender said the current Sign Ordinance does not cover
everything.
C/M Abramowitz said the City Code prohibits a directory sign,
which is why the Code needs to be reviewed.
VOTE: C/M Schreiber - NAY
C/M Abramowitz - AYE
C/M Rats - AYE
V/M Schumann - NAY
Mayor Bender - AYE
10. MOTION TO A.DOPT__Temp. Rego„_16268 appointing four (4)
members to the REDISTRICTING COMMITTEE pursuant to
Section 6.03 of the Charter (tabled on 4/16/92).
SYNOPSIS Or ACTION.
TABLED for Special Council Meeting to be held on Friday, April 24,
1992 at 1:00 p.m.
Mr. Kraft read Temp. Reso. #6268 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6268, SECONDED by
C/M Schumann.
Mayor Bender said he was given additional names of applicants who
filled out the forms requesting to be considered for the
Redistricting Committee prior to the meeting and has not been able
to review these applications.
C/M Abramowitz said the City is mandated by the Code to make this
decision by Friday, April 24, 1992. He said Council has done it in
different ways in the past.
C/M Schreiber said there is a listing of applicants and the
listing covers every district from one to four. He said the
practice has been that the Council member of that district selects
a representative from that district and Mayor Bender disagreed.
V/M Schumann said the Council is not limited to their own
district. He asked what happens if there is no applicant from a
specific district.
C/M Schreiber said the Charter states that there must be a
representative from each district.
Mr. Kraft read from the Charter regarding the Redistricting
Committee requirements.
C/M Abramowitz asked what happens if there is no application from
any one of the districts and does the Councilman have the right to
select a member without having an application and Mr. Kelly said,
yes.
Mr. Kelly said the Charter reads that the five Council members,
which includes the Mayor, appoints the Redistricting Committee. He
said it also states that they only appoint four members to the
Committee and each of those four must come from one of the four
districts.
C/M Abramowitz said the past two times, he had given up his
appointment to the Councilman from the district, but he was
allowed to make an appointment.
Mayor Bender requested an interpretation from the City Attorney.
City Council Regular Meeting
4/22/92/KJ
Page 18
Mr. Kraft said the Charter states that the four Committee members
shall be appointed by the City Council and in Section 4.01, the
Council should include the Mayor and the whole Council picks the
four members with one member from each district.
C/M Katz asked if the Mayor has to cast a vote and C/M Abramowitz
said he may cast a vote, but does not have to make a selection and
Mr. Kraft agreed.
C/M Abramowitz suggested Council hold up the appointments until
Friday, April 24, 1992 to receive more applications.
Mayor Bender said Council cannot pick someone without permission
to use his name. Discussion was held regarding this.
C/M Abramowitz MOVED to TABLE Temp. Reso. #6268 until Friday,
April 24, 1992 at 1:00 p.m., SECONDED by V/M Schumann.
VOTE:
C/M
Katz
- NAY
V/M
Schumann
-- AYE
C/M
Abramowitz
- AYE
C/M
Schreiber
- NAY
Mayor Bender
- AYE
11, concerning .a request by
Barry S. Eden, Trustee, for special exception to permit a dry
cleaning establishment in Bay 2 of WOODMONT COMMONS,
8081 W. McNab Road, which is zoned B-1 (Neighborhood
Business). Petition #6-z-92
S_YNORSIS OF ACTIQN RESOLUTION R-92-66-2ASSED
Discussion was held. (See Page 23 for Final Action.)
Mr. Kraft read Temp. Reso. #6272 by title.
C/M Schreiber said there may be a possible conflict of interest on
this item in regard to the Mayor. He said in the past election
campaign, Mayor Bender had his headquarters at a location which is
owned and operated by Mr. Barry Eden, the applicant in this
matter. He said Mayor Bender did -not pay anything for the
headquarters, but did get some benefit. He asked if Mayor Bender
would have a conflict of interest if he were to vote or act on
this matter. He requested a response from City Attorney Kraft.
Mayor Bender said he did have his campaign headquarters in the
Woodmont Commons area.
Mr. Kraft said the matter before Council is a request for a
special exception to permit a dry cleaning establishment. He said
if Mayor Bender were to have some type of gain from the dry
cleaning establishment, there would be a conflict. He asked if
Mayor Bender has headquarters at this location at the present time
and Mayor Bender said, no.
Mr. Kraft said he does not see a conflict.
Mr. Kraft suggested this be deferred to the end of the meeting for
discussion with Mayor Bender to determine the status and Mayor
Bender agreed.
11
City Council Regular Meeting
4/22/92/KJ
Page 19
12. MOTION TO ADOPT _Tamp.]&eso. #6275 concerning a request by
YOUTHLAND ACADEMY for special exception to permit a day
care center in Bays 36 through 40 of TAMARAC TOWN SQUARE
SHOPPING CENTER, 8171 Pine Island Road, which is zoned B-2
(Planned Community Business). Petition #7-Z-92
APPROVED with the following
1) A sodium vapor light b
e
the shopping center be either removed
to a satisfactory condition.
Mr. Kraft read Temp. Reso. #6275 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6275, SECONDED by
V/M Schumann.
Ms. Carpenter said this is an application by Youthland Academy for
a day care center to be located in the Tamarac Town Square
Shopping Center. She said the day care use is consistent with the
Comprehensive Plan. She said changes to the site plan include
installation of a walkway, fencing to enclose the outdoor play
area, installation of a guard rail and installation of three new
doors to the play area.
Ms. Carpenter said these minor changes were approved by the Plan
Adjustment Committee on April 21, 1992. She said the applicant has
applied for the parking waiver, which Council approved in Item 17
on this agenda, pursuant to'this special exception being granted.
She said the applicant has provided calculations showing space,
both indoor and outdoor, as to the maximum number of children
permitted in this facility, the square footage per child exceeds
the Broward County Code requirements for a capacity of 135
children.
Ms. Carpenter said everything surrounding it on the zoning map is
zoned S-1. She said to the north commercial, east —commercial,
south and west—S-1, but the shopping center has an S-1 buffer all
around it.
Ms. Carpenter said Council may set additional conditions to ensure
the health, safety and welfare of the residents of Tamarac. She
said if Council changes the recommendation of the Planning
Commission, it requires a 4/5 vote by Council. She said the
Planning Commission recommended that this application be approved
with the rear access as the drop-off and sign -in area for the day
care in order too minimize the potential parking in the fire lane.
She said the entrance must be covered with an awning or a canopy.
Ms. Carpenter said Staff was very concerned during the site plan
amendment process that if the front doors to the day care were
located in the front'of the shopping center, users of the day care
would be encouraged to park in front of the building, which is a
fire lane rather than parking elsewhere. She said Staff and the
applicant came to terms with the major drop-off and sign -in area
for the day care in the rear of the building so that people come
in, turn towards the south, and parking in the spaces provided to
escort their children in through the back to avoid blocking the
fire lane.
Ms. Carpenter said the applicant has met all of the requirements
of Staff in the site plan amendment process. She said C/M
Abramowitz had a question regarding the lighting. She said she
spoke with the electrical inspector who said that the lighting
meets the Code requirements and, in addition, in the rear of the
center, there are two sodium vapor lights, which provide
additional lighting in the evening, which is where the pick-up and
drop --off area is.
City Council Regular Meeting
4/22/92/KJ
Page 20
Ms. Carpenter said she spoke with the agent for the shopping
center and if the concern being expressed is for the front of the
parking lot, they are willing to put a 1,000 watt sodium vapor
light on the south end of the building which will increase the
candle power from one to five times brighter than it is at
present.
C/M Katz asked if Council is voting on the special exception use
and Ms. Carpenter agreed.
Ms. Carpenter said the applicant agreed to put partitions up to
knee height in front of the doors so that little people would not
think that they were doors and try to go out them in an emergency
situation, which is part of the minor site plan amendments agreed
to on April 21, 1992. She said if Council feels significantly
strong about this, it can be added as a condition with a 4/5 vote
on it.
C/M Katz requested this be added as a condition as well as the
sodium vapor light installation.
C/M Schreiber asked if the front door is going to be eliminated
and Ms. Carpenter said the initial proposal was that they were
going to leave open all five entrances, but Staff felt strongly
that in an emergency situation, children not accompanied by an
adult may attempt to go out these doors which would be locked and
cause problems.
Ms. Carpenter said Staff recommended, and the applicant agreed,
that four of the five doors have a knee wall across the bottom, so
that the child can see that it is not a door.
TAPE 5
Ms. Carpenter said all of the exits are to the rear and side yard.
She said if a panic bar is installed, it would invite the children
to use the door and run out into the vacant driveway.
C/M Abramowitz said there is a condition which he feels is
hazardous and now is the time to correct it. He said at the
opposite end of the shopping plaza, there is a tree which needs to
be removed or trimmed. He said it is impossible for the drivers
going north to see the drivers going east when coming in from the
side on Southgate Boulevard. He requested that something be done
to remove this hazard.
Ms. Carpenter said since this appears to be a required tree on a
parking island, that perhaps it is not able to be removed but
possibly replaced with an appropriate tree to the location.
Alan Gabriel, representative for the developer of Tamarac Town
Square Shopping Center, said the tree will be either replaced with
a tree which would be more appropriate or trimmed to meet these
needs.
Ms. Carpenter suggested that Council amend the Motion as follows:
1) A sodium vapor light be installed in the front of the
facility.
2) A minimum of knee walls installed at four of the five
doorways.
3) The tree in the rear of the shopping center be either removed
and replaced or trimmed to a satisfactory condition.
C/M Katz MOVED to AMEND the Motion, SECONDED by V/M Schumann.
VOTE: ALL VOTED AYE
City Council Regular Meeting
4/22/92/KJ
Page 21
13. a. declaring certain
equipment and miscellaneous small goods as surplus and
directing that an auction be held on Saturday, May 9,
1992, at 10:00 a.m., at the Public Services
Administrative Complex, 6001 Nob Hill Road, pursuant to
Section 6-153 of the City Code.
b. declaring certain
equipment as surplus and authorizing disposition of such
equipment in accordance with Sec. 2-316 (2) of the City
Code.
RESOLUTION R-92-68-PASSED
SYNOPSIS OF AQ!,XQN: RESOLUTION R-92-69-PASSED
APPROVED 13.a. and 13.b.
13.a. Mr. Kraft read Temp. Reso. #6278 by title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6278, SECONDED
by C/M Katz.
Mary Blasi, Finance Director, said there are certain items in
the City that are deemed to be surplus, inoperable and
unrepairable. She requested that Council state that these items
are surplus so that the City can go out for auction. She said the
City is going to do the auction in-house and the City may gain
approximately $5,000 from this auction.
Anthony Grimaldi, resident, asked if these items will be available
to the public for viewing and Mr. Kelly said, yes.
Ms. Blasi said the auction is scheduled for Saturday, May 9, 1992
at 10:00 a.m. and the items will be available for viewing from
9:00 a.m. to 10:00 a.m, on the auction day. She said this auction
will be advertised.
VOTE: ALL VOTED AYE
13.b. Mr. Kraft read Temp. Reso. #6280 by title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6280, SECONDED
by C/M Schreiber.
Ms. Blasi said the reason that Staff is requesting that certain
items be advertised to wholesale bid is that Staff believes that
certain items will receive more by advertising to bid, such as a
generator that could be a minimum bid of $15,000. She said this
generator was at the old Waste Water Treatment Plant and is no
longer required by the City.
C/M Abramowitz asked if this generator can be used anywhere in the
City and Ms. Blasi said, no.
Ms. Blasi said there is another listing of old vehicles and in the
City's last auction in 1989, the City received an average of $90
per vehicle and Staff believes that by going out to wholesale
bidding, the City could receive an average of $150 per vehicle.
She said a new State Law requires that any motor vehicle sold
retail to the public must meet inspection requirements within 90
days of the sale. She said Staff believes that it would not be
cost effective to the City to have these inspected and tested.
C/M Schreiber said the resolution must indicate that the City
intends to wholesale it or retail it.
V/M Schumann said there is a minimum bid of $5,000 and asked if
this is for all of these vehicles and Ms. Blasi agreed.
VOTE:
ALL VOTED AYE
City Council Regular Meeting
4/22/92/KJ
Page 22
14. authorizing the
appropriate City officials to execute an Agreement between
Broward County and the North Cities (Coconut Creek,
Lauderhill, Margate, North Lauderdale and Tamarac) for
distribution of excess proceeds for the Third Year Recycling
Grant Program in the additional amount of $26,714.00.
SYNOPSIS OF ACTION: RESOLUTION R-92-70-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6274 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6274, SECONDED by
V/M Schumann.
Ms. McDermott said this item is for $26,714 which is excess money
from the Third Year Grant Funds from Broward County for recycling.
She said this agreement will provide for the City to receive the
money as the Group Cities and the funds will reimburse Tamarac for
any expenditures that the City has for the recycling program.
C/M Schreiber asked how the City is going to share this money with
the other cities and Mr. Kelly said the City of Margate has just
joined in to participate in the program.
Mr. Kelly said Margate's participation is limited and there are
some legal restrictions and some deeds that they have with some of
the multi -family areas that will preclude their participation in
the multi -family aspect until the end of 1992. He said the
representatives for the Five Cities Group will be meeting April
23, 1992 to discuss the distribution of the money.
Ms. McDermott said part of the proceeds will reimburse the City in
the amount of approximately $1,.600 for the tilt trucks at the
Public Works Compound.
VOTE: ALL VOTED AYE
15. MOTION ,TO ADOPT Temg.__Reso- #62.73 awarding Bid #92-08 to
Sav-On Utility Supplies, Inc., for the City's annual purchase
of fire hydrants, tapping sleeves, valves, pipe and related
appurtenances for Project 90-19, TUW Fire Hydrant Program.
SYNOPSIS Or &CTIONA-. RESOLUTION R-92-71-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6273 by,title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6273, SECONDED
by V/M Schumann.
Mr. Kelly said the City went out to bid on this item and the total
amount is within the budget that has been prepared. He said this
deal has been analyzed by the Bid Specification Committee and
recommended approval.
Mr. Kelly said the City had budgeted $50,000 and this bid came to
at the most, $47,000.
C/M Schreiber questioned that calculations on the bid and asked if
the City chooses which items or does the City get what comes with
it and Mr. Kelly said the City looked at the collective bid as a
total package. He said the differential in the tabulation is in
the City's favor, but he would have Staff correct the figure.
VOTE: ALL VOTED AYE
City Council Regular Meeting
4/22/92/KJ
Page 23
16. MOTION TO ADOPT Tem2_EfI112- JfiZ79, awarding Bid #92-09 in
the amount of $221,963.00 to Utilities Services, Inc., for
the Rehabilitation of Pump Stations #14A and #21, TUW Project
88-24, and to APPROVE the appropriate budget transfers to
fully fund this project.
SYNOPSIS OF ACTION: RESOLUTION R-92-72-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6279 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6279, SECONDED by
C/M Abramowitz.
Mike Couzzo, Director of Public Services, said this is a Utility
Project to rehab two lift stations and the project was designed
in-house and Staff is recommending that the project go to
Utilities Services, Inc.
Pete Procopio, Utilities Operations Manager, said the City is
moving Station #14 because that station is in the middle of the
street. He said for the safety of the people who have to maintain
it and to avoid placing a pump in the middle of the street, the
City will maintain this as a manhole and put a new wet well near
that location, so that the employees will not be jeopardized by
the passing traffic when maintaining this station on a regular
basis.
Mr. Procopio said the present lift station is well past its useful
life and is buried in the ground so deep that it is into the water
table and it will not be operating in the near future. He said the
only way that the City will be able to avoid this situation is to
relocate it.
C/M Abramowitz said the South Florida Water Board is trying to
stick the cities in the western portion of the County with new
wells that these residents will be paying for.
Mr. Couzzo said this is a sanitary situation and is to lift the
sanitary lines to push it to the fourth main. He said #14A has a
problem in that it pumps to #14, which adds the additional load to
#14 and in relocating it, it will no longer be piping to #14 and
will be pumping straight to the fourth main. He said at present,
where #14 is located, the facility requires two individuals to
service and maintain it due to the safety procedures. He said a
wet well such as what is being proposed requires only one employee
to maintain and service it.
C/M Schreiber asked if the City has had experience with Utilities
Services, Inc., previously and Mr. Couzzo said, yes, with good
results.
VOTE:
ALL VOTED AYE
Mayor Bender RECESSED this meeting at 12:20 p.m. to confer with
Mr. Kraft regarding Item #11 and RECONVENED the meeting at 12:27
p.m. with ALL PRESENT.
City Council Regular Meeting
4/22/92/KJ
Page 24
11. concerning a request by
Barry S. Eden, Trustee, for special exception to permit a dry
cleaning establishment in Bay 2 of WOODMONT COMMONS,
8081 W. McNab Road, which is zoned B-1 (Neighborhood
Business). Petition #6-Z-92
SYNOPSIS Or As.T.ION: RESOLUTION R-92-66-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6272 by title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6272, SECONDED
by C/M Katz.
Ms. Carpenter said this is an application by Barry Eden, Trustee,
for a special exception for an on -premises dry cleaner located in
Bay 2 of Woodmont Commons. She said Bay 2 is one-half of the large
bay on the west end of the shopping center.
Ms. Carpenter said the applicant has stated that he will meet all
of the requirements found in the Zoning Code including that there
will be no vehicular pickup or delivery services. She said the
customers must bring in and pickup and there will be no wholesale
work. She said no more than one 40 pound cleaning unit will be
permitted and the entire process shall use enclosed solvents,
recleaning units with a carpet vapor absorber for vent odor.
Ms. Carpenter said venting of the boiler must be extended to
prevent offensive discharge to the surrounding neighborhood. She
said all solvents must be non-flammable and the dry cleaner must
be and is at least 100 feet from the nearest residence. She said
all high pressure boilers operating over 15 pounds per square inch
rated at more than 3 boiler horse power shall be enclosed in a
noncombustible boiler room as specified in the Building Code.
Ms. Carpenter said the surrounding uses are as follows: north --
residential, R3--U, east -commercial, B-1, south -residential,
Concord Village and west -commercial. She said Council may set such
conditions that are necessary to ensure the health, safety and
welfare of the residents. She said the Planning Commission did not
set any additional conditions; therefore, if Council sets such
conditions, it takes a 4/5 vote.
Ms. Carpenter said this site is located in a wellfield protection
area which is a Zone 3 and the applicant will be required to
obtain a hazardous material license from the Office of Natural
Resource Protection. She said the Office of Natural Resource
Protection offers two different kinds of permits in this regard.
She said there is a wellfield and around it there are three zones
and Zones 1 and 2 require a special permit with respect to toxics
and the wellfield itself; however, the Zone 3 only requires a
hazard materials license which is substantially less in its
requirements.
Ms. Carpenter said the Planning Commission has reviewed and
recommended approval of this application and has directed that the
Building Department pay particular attention to the venting
requirements such that the residential areas are sufficiently
protected from the fumes.
C/M Abramowitz asked if the dry cleaners is doing his own work and
Ms. Carpenter agreed it is on -premises.
C/M Abramowitz said his concern is with it being in a wellfield
protection area.
Ms. Carpenter displayed the map to Council regarding this.
C/M Katz asked where they intend to store their perchloretholene
and if there is a sniffer on the premises. He said self-contained
only means that this is going to reclaim the solvent from within
1.1
City Council Regular Meeting
4/22/92/KJ
Page 25
the unit, but he has had an occasion where a hose snapped and the
whole store was full of perchloretholene and the only way to
recover this was with a sniffer.
Ms. Carpenter said those are items that Trustee warrants that the
applicant will heed when he applies for his permits. She said at
the time of a special exception, the applicant only has to warrant
that he is going to comply. She said the applicant is present.
C/M Schreiber asked if the applicant can assure that none of the
hazardous material will get into the water in the wellfield
protection area. He said he does not feel that the applicant or
the Office of Natural Resource Protection can do it either. He
asked who is responsible for the cleanup if something does pollute
the water and Ms. Carpenter said that question is being debated at
all levels of government.
C/M Schreiber asked why Council cannot require that anyone placing
something like this in the wellfield protection area post some
sort of bond for protection in order to pay for the cleanup if
such accident occurs. He asked if the City needs a dry cleaning
facility at this location. He said within the vicinity of one
block there are three dry cleaning establishments.
Barry Eden, Petitioner and Trustee, explained that due to the
unusual procedures that Tamarac has, the Planning Department made
a recommendation that the owners make application for a special
exception. He said the cost is in the area of $1,500 to come
before Council and every time the business would have been sold,
it would have cost an additional $1,500. He said it happens that
on McNab Road, it is a drop dry cleaning establishment and is not
an on -premises facility.
Mr. Eden said he feels that this is an excellent location for this
business. He said he is confident that it will be successful.
V/M Schumann asked if there is going to be a berm for spill
protection and Mr. Eden said he understands that the dry cleaning
process has changed dramatically.
The owner made a presentation regarding the dry cleaning
establishment. He said they cannot throw away the hazardous
materials based on the Law.
C/M Schreiber asked if this material is self-contained and Mr.
Eden agreed.
C/M Katz said his concern is what happens if there is a leakage
and if a sniffer is going to be installed to pick up the fumes
that the perchloretholene emits. Discussion was held regarding a
sniffer.
Mr. Eden said there are regulations by Broward County and other
various agencies.
C/M Katz said he is concerned with the City and the City will get
more than a complaint if fumes are disbursed.
C/M Abramowitz asked what a sniffer is and how much it costs and
C/M Katz said it is something that picks up perchloretholene fumes
from the air, filters it and makes it into a liquid again, and
then transfers it back into the tank from which the original
solvent came.
Mr. Eden said the owner does not seem to understand what a sniffer
is.
C/M Schreiber said the Planning Department recommended a carbon
vapor absorber and asked if this was the same as a sniffer and Ms.
Carpenter said she does not know.
City Council Regular Meeting
4/22/92/KJ
Page 26
C/M Abramowitz said if this has to go through a process with the
County and other regulatory agencies and the City Staff. He said
if this applicant passes all of these tests and these agencies are
willing to give the permit, there may be some sort of
sophistication that some dry cleaners have and others do not.
Mr. Eden said they will meet all requirements of the Code.
VOTE: C/M Katz - AYE
V/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - AYE
Mayor Bender said the.question arose as to a possible conflict of
interest on his part. He said he has an obligation as an elected
official to vote as long as he sits on the dais providing that
there is no conflict of interest. He said he has discussed this
matter with the City Attorney and requested that he make a
statement for the record.
Mr. Kraft said there is no special gain to Mayor Bender and he has
no business relationship with Mr. Eden and has no business
relationship with the dry cleaning establishment. He said based on
everything that he and Mayor Bender have discussed, it does not
sound like there is a conflict of interest that would preclude him
from voting.
Mayor Bender - AYE
22. Citv Council
V/M Schumann requested that the agendas be shortened.
C/M Katz - No report..
C/M Schreiber - No report.
C/M Abramowitz - No report.
Mayor Bender - No report.
23. City Attorney
Mr. Kraft said he received a letter from the attorney representing
the recent Government Securities matter and a check was enclosed
in the amount of $10,894 which is another City interim
distribution in this matter.
24. City ManaQ=
Mr. Kelly said the Recycling Kickoff will be held on Monday, April
27, 1992 at 10:00 a.m. in the Council Chambers.
Mr. Kelly said on Wednesday, April 29, 1992 at 5:30 p.m. in the
Council Chambers, the City will have SCORE to assist some of the
small businesses in the City.
With no further business, Mayor Bender ADJOURNED this meeting at
12:48 p.m.
/.L. BENDER
MAYOR
CAROL A. EVANS CITY OF TAMARAC
CITY CLERK
APPROVED AT MEETING OF jjlLte,17. 9 ;.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
..AS1 NAME PIR%I %AMI M1UIN 1 NAM)
KATZ, IRVING
MAILING A0I*CSS
6090 No. Sabal Palm Blvd.
CITY CplrNlY
Tamarac Broward
DAIE ON MHICH FOIE (WCURRFU
April 22, 1992
NAME Oh NUARD. (IOUNC11_ (IOMMISS1ON. AUl HORIi Y.OR COM MI'Il LE
TAMARAC CITY COUNCIL
T HE BOARD. COUNCIL. COMMISSION. AU1 HORIIY OR COMMITTEE ON
WHICH 1 SERVE IS A UN11 OF;
3xrn Y 0 COUNTY 0 Ol HER LOCAL AGENCY
NAME Of; POLITICAL. SUBDIVISION.
MY POSITRON I&
XQ ELECTIVE O APPOINTIVE
WHO MUST FILE FORM IS
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally',to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 142.3443, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this forth with the person responsible for recording
the minutes of the meeting, who should incorporaite the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHiCH
THE VOTE WILL BE TAKEN:
• You should complete and file this farm (before making any; attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
* A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
E FORM as - 141 PACE 1
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the forth and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
1,
IRVING KATZ
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on
(a) A measure came or will come before my agency which (check one)
xx inured to my special private gain; or
APRIL 22
, 19 92 :
inured to the special gain of , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Agenda Item No. 8. Motion to approve a request by the Lakes of
Carriage Hills that the City of Tamarac assume maintenance
responsibility of the medians at Sabal Palm Boulevard.
My special private gain is that I am a resident of Lakes of Carriage Hills
and pay maintenance costs to the Lakes of Carriage Hills condominium
association. My condominium association currently.maintains the medians
at Sabal Palm Boulevard and if the City Council voted to do the maintenance
I would receive a special private gain because the maintenance by the City
could result in a reduction of my maintenance fees to my condominium
association.
_ APie % 3a qz
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $3,0DO.
PAGE 2
E FORM rR - im