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Home My WebLink About1994-04-27 - City Commission Regular Meeting Minutes1 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 27, 1994 CALL TO ORDER: Mayor Abramowitz called the meeting to order on Wednesday, April 27, 1994, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. Mayor Norman Abramowitz Councilwoman Sharon Machek Councilman Larry Mishkin Councilman Joseph Schreiber Vice Mayor Irving Katz ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Phyllis Polikoff, Secretary PLEDGE OF A,,, LLEC� _ Mayor Abramowitz called for the Pledge of Allegiance and a MOMENT OF MEDITATION. INTRODUCTION 1. a. PRESENTATION by Mayor Abramowitz of a ten-year service award to ANTHONY LASATE, Public Services Department. b. PBZ$ENTATION by Mayor Abramowitz of a Certificate of Appreciation to ANTHONY GRIMALDI, past Chairman of the Planning Commission. SYNOPSIS 09 ACTION: Mayor Abramowitz made presentations to (a) Anthony LaBate and (b) Anthony Grimaldi. 2. ANNOUNCEMENT by Mayor Abramowitz of vacancies on the following boards and committees: Planning Commission Privatization Committee Sister Cities Committee Ambulance Committee Annexation Committee Insurance Advisory Board Parks and Recreation Board Consumer Affairs Committee 2 regular members and 2 alternate members 7 members 7 members 7 members 7 members 1 regular member and 2 alternate members 1 member 2 regular members If any Tamarac resident is interested in serving on any of the above boards and committees, please contact the Council Office for an application and return to Honey Pennachio, Legislative Aide. If existing members desire to be considered for reappointment, please indicate this by memo to the City Clerk's Office. Present members shall serve until appointments are made by Council. C/M Schreiber said announcements were made over the past six months and suggested that Mayor Abramowitz begin making Appointments. City Council Regular Meeting 4/27/94/PP Page 2 Mayor Abramowitz said the delay was due to a change in Administration and that a great quantity of applications had been received. He said Administration requested that Council Liaison Appointments should not be made on a Board or Committee run by a Staff member. He said he would be making Council Liaison Appointments at the same time Appointments or Reappointments were made on the Planning Commission and he referred to the Sunshine Law. SYNOPSIS OF h&XION: Mayor Abramowitz made announcements regarding vacancies. 3. - 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. Oscar Brawer, President of Woodlands Homeowners Association, expressed concerns regarding renovations to Rock Island Road going from two to four lanes. He said the renovations went from Commercial Boulevard to Northwest 44 Street with openings at Holly Drive, Bayberry Lane and Saga Palm Boulevard but no turn lanes or traffic lights. He said it would be dangerous to go north from Holly Drive, Bayberry Lane or Sago Palm Boulevard and requested Council have a traffic light installed at any one of the three locations. Mayor Abramowitz said he spoke with Commissioner Hart and the Department of Transportation and the City was attempting to provide relief. Burt Schneider, President of Woodmont Property Owners Association, voiced thoughts regarding the fence surrounding the passive park adjacent to Bonaire. He requested the fence be moved back 10 feet and provided photographs to Council. Fred Colombo, President of Mainlands 6, requested a traffic light at Northwest 50 Avenue and Commercial Boulevard to stop westbound traffic. He said Broward County would not install a traffic light at Northwest 50 Avenue or Sago Palm Boulevard because of the low traffic count. He also noted that Rock Island Road would be widened from two to four lanes and Council should request Broward County to reconsider the health, safety and welfare of the residents. Carl Alper, Section 23, said the Tamarac President's Council supported Mainlands 6 and the Woodlands Homeowners Association to have a traffic light installed at Rock Island Road and Northwest 60 Street. He said Rock Island Road would be widened from two to four lanes and Council should have a traffic light installed because it was relative to the health, safety and welfare of the residents. Maxwell Ingram, resident of Lime Bay, voiced thoughts regarding a bronze plaque at the Tamarac Sports Complex. He read a letter to Mayor and Council which advised that former City Manager John Kelly had the first plaque cut into two pieces and fake bronze was used. He said his time and engineering experience were donated and he was not invited to attend the Park's Dedication ceremonies F E City Council Regular Meeting 4/27/94/PP Page 3 on July 4, 1992. He said his name was omitted from the plaque and Council should agendize the matter at today's meeting for discussion and, if Approved, a bronze plaque identical to the plaque at Tamarac Park on University Drive could be made and put up at the Sports Complex. Nathan Peretzman, resident, discussed his concerns regarding water and sewer rates and default on Bond payments. He said on December 19, 1990, former City Manager, John Kelly, advised that the budget fell short $221,000 and the City would be in technical default on Bond payments if additional revenues were not provided. He stated on June 19, 1992, Councilman Abramowitz questioned whether the City would be in technical default the following year if the Bond Covenant was not met and Bonds were not financed. He noted that former Finance Director, Mary Blasi, said, yes. Mr. Peretzman referred to Page 8 of the 1991 Hartman Report showing the estimate for fiscal year 1992/93 and said the budget was over $1 Million dollars short to cover Bond Payments. He said in September, 1992, Ms. Blasi stated the September utility bill contained an increase in rates because rates had not increased since 1986. He said the actual figure for fiscal year 1992/93 showed a surplus of over $1 Million dollars. Mr. Peretzman said the City would never be in default and referred to over $2.5 Million dollars in Bond Reserve Fund #427 to cover the total Debt Service for one year, giving the City time to adjust rates and comply with the Covenant. Mr. Peretzman questioned whether the Finance Department was negligent in monitoring water and sewer rates and where did the City get the money to cover six years. He referred to Page 92 of the Comprehensive Financial Report and noted the Surplus was over $2 Million dollars for fiscal year 1986/87. Si Bauer, Section 21, complimented Council and City Manager Noe and said he was pleased that C/W Machek was a Council member. He said he was proud of the City and complimented Carol Evans, City Clerk, and her Staff, Thelma Fagelbaum and members of the Finance Department, City Manager Noe, Honey Pennachio and Robin Savastano who were fine Public Relations individuals in the Council Office. He stated that Council members should respond to the Sun Sentinel if statements were misquoted. 4. Items listed under Consent Agenda, Item 4, 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. community Dgygopment a. MOTION TO ADOPT Temp. -RgA . #6684 granting a request by Rheal Brunet, owner, approving an encroachment of 1.1-feet into a 6-foot utility easement located on the north side of Lot 11, Block 24 of Tamarac Lakes South, 4809 NW 26 Avenue. SYNOPSIS OF AgT=� RESOLUTION R-94-58-PASSED APPROVED City Council Regular Meeting 4/27/94/PP Page 4 b approving the attendance of Fire Chief Jim Budzinski at the 8th Annual Governor's Hurricane Conference in Tampa, Florida, on June 7-10, 1994. RESOLUTION R-94-59--PASSED c. MOTION 10 ADOPT TgmW_. Reso. #6687 approving the attendance of Fire Chief Jim Budzinski at the National Fire Academy in Emmitsburg, Maryland on September 19-30, 1994, with Assistant Chief Paul Forsberg attending on June 13-24, 1994, with the only cost to the City being for meals. gYNOPSIS OF ACTION-. APPROVED RESOLUTION R-94-60-PASSED d. MOTION TO ADOPT Temp. Reso. #6688 approving the attendance of the Risk Manager at the Public Risk and Insurance Management Association Annual Conference in Denver, Colorado, on May 15-18, 1994. • WMEW03 • , a2•rD RESOLUTION R-94-61-PASSED C/M Schreiber MOVED to APPROVE Consent Agenda Items 4.a. through 4.d., SECONDED by C/W Machek. VOTE: ALL VOTED AYE 5. MOTION To ADQ T Temv. Resg, #6689 approving the sale of beer by the Tamarac Athletic Federation for the July 4, 1994, festivities at Tract 27 Park subject to receipt of a Hold Harmless Agreement and the proper insurance. RESOLUTION R-94-62-PASSED F.111HURe"T City Attorney Kraft read Temp. Reso. #6689 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/W Machek. Mayor Abramowitz stated that the Tamarac Athletic Federation's request to sell wine was denied because it was never allowed. C/M Mishkin questioned whether there was any liability or insurance involved. City Attorney Kraft referred to the Resolution indicating a Hold Harmless Agreement and insurance. VOTE: ALL VOTED AYE 6. a. MOTION TO ADQPI TemR.R approving a plat entitled GOULD SOUTH PLAT (tabled on 4/13/94). I City Council Regular Meeting 4/27/94/PP Page 5 b. MOTION TO ADOPT Temp. Reso.____16611 granting Development Order No. 288 for the plat entitled GOULD SOUTH PLAT (tabled on 4/13/94). (Project located south of McNab Road, east of the Sawgrass Expressway) RESOLUTION R-94-63--PASSED SYNOPSIS OF ACTIONL RESOLUTION R-94-64-PASSED APPROVED 6.a. APPROVED 6.b. changing status sheet to 59.175 acres. (a) City Attorney Kraft read Temp. Reso. #6680 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Mishkin. Mike Vonder Meulen, AICP/Director of Planning, read the Findings of Fact and said Parcel "B" would not be developed because it was Recreation/Open Space on the Comprehensive Plan. He said Parcel "B" was not accessible because it was detached from the main parcel by the Sawgrass Expressway. He said the Development Review Committee and the Planning Commissioners Approved the Plat with the condition that two permanent reference markers would be placed and a vicinity map would be included and both conditions were met. C/M Schreiber referred to access requirements in the Broward County Development Review report and questioned whether the applicant provided proof of access to Parcel "A", whether there was proof of paved access to the site and would anything ever be built. Mr. Vonder Meulen said access was the proposed Hiatus Road. Leigh Kerr, Agent, discussed the report which was usually prepared after City Approval and there was public right-of-way from the northeast corner of the property to McNab Road. He said the City would advise Broward County that the applicant would provide paved access to the site before the Certificate of Occupancy was approved. C/M Schreiber reiterated that Parcel "A" was restricted to industrial use and Parcel "B" could not be developed. Mr. Kerr concurred and said the Applicant would come before Council again if the situation changed. VOTE: ALL VOTED AYE (b) City Attorney Kraft read Temp. Reso. #6681 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Mishkin. Mr. Vonder Meulen said Council would just be Approving the Developmental Review Status Sheet and would establish the Development Order for the Resolution. He noted that the Acreage should be corrected from 57.175 acres to 59.175 acres. Mayor Abramowitz discussed concurrency. Mr. Vonder Meulen said the Applicant would be vested by going to Broward County for Plat Approval and he referred to Nab Hill Road and traffic Level of Service "F" . TAPE 2 Mayor Abramowitz suggested that residents on Land Section 7 be made aware of concurrency conditions and how close the City was to traffic Level of Service "F" . City Council Regular Meeting 4/27/94/PP Page 6 VOTE: ALL VOTED AYE 7, receiving the Comprehensive Annual Financial Report, of which the Auditor's Report, prepared by Grant Thornton, is a part for fiscal year ended 9/30/93. SYNOPSIS OF ACTIONE RESOLUTION R-94-65-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6685 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/W Machek. Burt Emmer, Managing Partner for Grant Thornton Auditors, discussed the Comprehensive Annual Financial Report reflecting the City's financial statements ending September 30, 1993. He referred to Page 4 indicating the General Fund Balance of approximately $2 Million dollars and said the Special Revenue Fund contained almost $1.8 Million dollars for drainage and park improvements, etc. He discussed Page 7 and said $1.6 Million dollars of the 1991/92 fund balance was intended for use. He said only $250,000 was utilized which left almost $1.3 Million dollars because there were more revenues and less expenditures. He referred to Page 26, Summary of Debts as of September 30, 1993, and discussed the Enterprise Fund (approximately $23,750,000) as well as general long-term debts ($7.3 Million dollars - 1992 Bonds) . C/M Schreiber referred to $12,600,000 (1985 Water and Sewer Bond) and $13,125,000 (1992 Water and Sewer Bond) on Page 26 and questioned whether the 1992 Bond paid off the 1985 Bond. Mr. Emmer said, no. Thelma Fagelbaum, Deputy Finance Director, said the 1985 Bond defeased the 1980 Bond and the 1992 Bond defeased the 1986 Bond. She said the 1985 Bonds were not refinanced because they would have lost their tax-exempt status. Mr. Emmer referred to Page 28 regarding debt coverage, Utility Bonds, rate covenants, generated income out of Utilities and balances in the Reserve and other funds. He mentioned 120% with regard to inclusion of Impact Fees and 110% without the Impact Fees. He said the City met all rate covenant requirements and noted that impact fees were unstable sources of revenue. Mayor Abramowitz said the City would not need to raise taxes because impact fees were included in the Bonds. Mr. Emmer agreed and he discussed rate studies. C/M Schreiber referred to excess coverage on Page 28 and questioned whether the rate covenant was over and above what was needed to operate the Utilities. Mr. Emmer said, yes, and reiterated that impact fees were unstable sources of revenue and the excess did not carry over to the following year. Mayor Abramowitz said developers were not building two years ago, therefore, no impact fees were received and he expressed his thoughts regarding the audit. Mr. Emmer said the basic coverage, without impact fees, was 146% and coverage was adequate. Mayor Abramowitz stated there was excess coverage this year but City Council Regular Meeting 4/27/94/PP Page 7 the City almost had a technical default two years ago and had to raise taxes. C/M Schreiber questioned Note 15 on Page 31 pertaining to deficit, depreciation on contributed assets, net income and contributed capital. Mr. Emmer said Note 15 was a paper deficit and had nothing to do with the rate structure in the Bond Covenants. He said depreciation was a non -cash charge to the utilities. C/M Mishkin questioned the frequency of reviewing rates and Mayor Abramowitz said rates were reviewed every year. Mr. Emmer said at that time, a rate study could be done. Mayor Abramowitz said less money was spent this year because members of Staff members left and were never replaced. He said more money was received because the City was in the middle of a building boom. He referred to the Enterprise Fund and a traffic light and said the Audit should indicate that $1.6 Million was in an Enterprise Fund. C/M Schreiber said the Fund Balance in the General Fund of $2,400,288 on Page 4 was unrestricted funds and no strings were attached prior to the monies being allocated. Mayor Abramowitz disagreed. Mr. Emmer agreed with C/M Schreiber but $1.6 Million was allocated to the 1993/94 budget. He said $1.8 Million in Special Revenues was restricted for special uses. Mayor Abramowitz said the Audit should indicate that monies not spent in the General Fund would be automatically carried -over to the following year's budget. Mr. Emmer said the Standards in the Audit were determined by the Governmental Accounting Standard's Board, not by Certified Public Accountants. C/M Mishkin said the Audit should be prepared and distributed in a more timely manner because there was a time span of seven months since September 30, 1993. Mayor Abramowitz requested City Manager Noe to schedule a Workshop to review the Audit. VOTE: ALL VOTED AYE City Manager Noe thanked Thelma Fagelbaum, Karen Willard, members of the Finance Department and Staff for the Report. Mr. Emmer said Grant Thornton also received cooperation from Staff. 8. MOTION TO ADOPT ,Temp- R,,goo _ #6673 awarding Bid No. 94-02 in the amount of $62,530. to Wenger Corporation for the purchase of a mobile stage/showmobile unit with funding from Special Equipment Account 142-652-572-647 and APPROVAL to transfer $62,530. from Resources Available (Impact Fees) Account 142-872-588-99C to Special Equipment Account 142-652- 572-647. SYNOPSIS OF A(f„JJQN: TABLED. See Pages 9 and 10 for discussion and Final Action. City Attorney Kraft read Temp. Reso. #6673 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/W Machek. City Council Regular Meeting 4/27/94/PP Page 8 Sherri Bauer, Purchasing Officer, said the showmobile was budgeted to assist the Parks and Recreation Department for various activities. C/M Schreiber questioned why Wenger was awarded the bid. Ms. Bauer said Century's bid was higher than Wenger's for the 28-foot showmobile although they offered to include an additional 32-foot showmobile at no additional cost. She stated that Parks and Recreation was not .interested in a 32-foot showmobile because it was not as mobile or feasible. Mayor Abramowitz said he opposed using funds other than Parks and Recreation Impact Fees. Stanley Hawthorne, Finance Director, discussed the current balance for Parks and Recreation Impact Fees ($648,000+) and the Bonaire/ passive park ($150,000) and Broward County. He said $10,000 was Approved at the April 13 City Council meeting for a tractor and that and the showmobile purchase brought the adjustment down to $400,000. Ed Doyle, Parks and Recreation Operations Manager, said the showmobile would benefit the City, it would be secured at the Public Works compound and City vehicles would tow it to various locations in the City. C/W Machek questioned whether the showmobile would be available by July 4. Mr. Doyle said, yes. Mayor Abramowitz voiced concerns regarding requests for the showmobile and said that the Resolution should state that the showmobile could only be used in the City and by the City for City functions. City Attorney Kraft agreed. Discussion continued and C/M Schreiber suggested that anyone using the showmobile should be responsible for any damages incurred. Mayor Abramowitz discussed the last showmobile. C/W Machek said she agreed with C/M Schreiber and if Temp. Reso. #6673 was Approved now, the City discuss a lease arrangement at a later time. Mayor Abramowitz said in the past the showmobile did not leave the site. TAPE 3 He said there was a problem when the showmobile left the site and suggested that Council meet with Alan Levine, Public Works Operations Manager. City Attorney Kraft stated that correspondence from Century Industries was just given to him and Council and suggested that Item #8 be Tabled until the information was reviewed. C/M Schreiber MOVED to TABLE, SECONDED by C/M Mishkin. VOTE: ALL VOTED AYE REPORTS C/W Machek discussed the Drug Abuse Resistance Education (D.A.R.E.) graduation recently held at Tamarac Elementary School. She commended the Broward Sheriff's Officer who worked with the hearing -impaired children. C/M Schreiber said Burt Schneider, President of Woodmont City Council Regular Meeting 4/27/94/PP Page 9 Homeowners Association, requested the City's cooperation to move the fence adjacent to Bonaire. He said the fence protected the park and nothing would be developed and although $150,000 was pledged to Broward County, nothing was spent. C/M Schreiber recommended the City proceed with the matter pertaining to Continental Cable and he also suggested the City hire a professional to market Land Section 7. C/M Mishkin discussed Councilwoman/Councilman and Council person and suggested the Title be changed to Commissioner. He also discussed the need to remove a "School Zone" sign at the request of Broward County's Traffic Engineering Division on McNab Road and Lagos De Camp Boulevard/Northwest 80 Avenue. Mayor Abramowitz advised there was a conflict of interest regarding City Manager Noe and the showmobile and Dina M. McDermott, Assistant City Manager, would sit on the dais. Mayor Abramowitz discussed the fence referenced by C/M Schreiber and noted the land was owned by Commonwealth Bank and the State. He said residents mowed and keep the area clean and the request was made to move the fence back 10 feet. He said the land was purchased with Bond Covenant funds and the City would try to alleviate the situation without spending any money. He discussed the Public Services Commission, people living south of MCNab Road could phone downtown Miami and Kendall at $.25 while people north of McNab Road were exempt. He mentioned Commissioner John Hart, then former Chairman of the Broward County Commission, and over $300 Hundred Million dollars overcharged by the telephone company. He said the Public Services Commission mandated that the monies be given back to the public and Commissioner Hart advised the matter would be looked into if Broward County initiated the inquiry. He said on Tuesday evening, April 26, 1994, the Broward County Commissioners sent notification to the Public Services Commission that all of Broward County be given the opportunity of making phone calls at the $.25 rate. C/M Mishkin questioned the procedure for readdressing a Tabled item. City Attorney Kraft advised that the Motion did not indicate a time certain and Item #8 could be revisited. C/M Schreiber stated he wanted time to review the matter and C/W Machek agreed. 8. XQ1ION TO ADOPT TeMR, agso. #6673 awarding Bid No. 94-02 in the amount of $62,530. to Wenger Corporation for the purchase of a mobile stage/showmobile unit with funding from Special Equipment Account 142-652-572--647 and APPROVAL to transfer $62,530. from Resources Available (Impact Fees) Account 142-872-588-99C to Special Equipment Account 142-652- 572-647, SYNOPSIS QF ACACTION- TABLED on Pages 7 and 8. Dina M. McDermott, Assistant City Manager, said Item #8 was Tabled at the April 13 meeting. She said a Committee was created which reviewed bid specifications and proposals and Staff recommended that Wenger be awarded the bid which met all City requirements. Ms. McDermott said Century Industries' letter was received this morning protesting the bid award and they were given 72 hours prior to today to protest the award. She reiterated that Wenger City Council Regular Meeting 4/27/94/PP Page 10 should be awarded the bid and Century's letter would be reviewed but if Item #8 was not Approved, the snowmobile might not be available July 4. Mayor Abramowitz said his primary concern was the legal ramifications of the award and he requested a Special Meeting be scheduled for Monday, May 2, prior to the Council Workshop. Ms. McDermott referred to bid/purchasing procedures and Century Industries did not file within 72 hours prior to the bid award. Mr. Hawthorne said Wenger could be awarded the bid today but it would not become effective until 72 hours after Council Adopted Temp. Reso. #6673 and the Appeal process would be in place for Century Industries. He said Wenger pledged to have the showmobile available on July 4. Discussion continued and Mayor Abramowitz requested a recess at 10:45 a.m. and the Meeting reconvened at 10:55 a.m. with the same Council people in attendance and Dina M. McDermott, Assistant City Manager, sitting in for City Manager Noe. C/M Schreiber said Century Industries' letter of protest was valid and it was not in the City's best interest to award the bid to Wenger. He said Century's offer was more superior than Wenger's. C/W Machek said the questions she asked Staff were adequately answered and C/M Schreiber should do the same. C/W Machek MOVED to REAGENDIZE ITEM #8 for discussion, Mayor Abramowitz SECONDED the MOTION after passing the gavel to C/M Mishkin. City Attorney Kraft said a Tie Vote would mean No Action. VOTE: "relffiNERIMAINFAR City Attorney Kraft - NO REPORT City Manager Noe - NO REPORT C/M Mishkin - NAY C/M Schreiber - NAY C/W Machek - AYE Mayor Abramowitz - AYE Mayor Abramowitz requested City Manager Noe schedule a Workshop and a Special Meeting to discuss Item #8. Hearing no further discussion, he ADJOURNED the MEETING at 11:05 a.m. Norman ramowitz Mayor Carol A. Evans, CMC City Clerk CITY OF TAfkv1ARAC ,APPROVW, AT NJEE ING OF F City Clerk