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Home My WebLink About1994-05-11 - City Commission Regular Meeting Minutes7 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 11, 1994 ALL TQ ORDER: Mayor Abramowitz called the meeting to order on Wednesday, May 11, 1994, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Mayor Norman Abramowitz Vice Mayor Irving Katz Councilwoman Sharon Machek Councilman Larry Mishkin Councilman Joseph Schreiber ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Phyllis Polikoff, Secretary PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance. ********************************************************** INTRODUCTION 1. 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 Office of the City Clerk for an application. 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. SYNOPSIS OF ACTION: Mayor Abramowitz made the announcement with regard to vacancies. Mayor Abramowitz advised that 5/11/94 was Family Night and he introduced his Granddaughter and C/W Machek's family. PUBLIC PARTICIPATION City Council Regular Meeting 5/11/94/PP Page 2 2. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Henry Schumann, Former Councilman, voiced concerns regarding powered model vehicles and said models were powered by gasoline, nitro -methane and electric. He suggested modifying the Ordinance to require a muffler and limit decibels to 85 or lower. He invited Council to visit Caporella Lake where his gas -powered boats were muffled and emitted less than 45 decibels. He suggested a sign indicating specifics for boats and limiting boat operators to Tamarac residents only. He said legal boat operators were being penalized and Caporella Park was under-utilized. Maxwell Ingram, resident of Lime Bay Condominiums, requested Council to Approve his request to replace the fake bronze plaque at the Sports Complex with authentic bronze. He spoke about his engineering experience which upgraded electrical equipment and was done without compensation and he referenced FP&L's work and not charging the residents. He referred to his suggestions regarding architectural plans for the new City Hall and a sub -station was built on Southgate Boulevard as a result of his testimony before the Broward County Planning Board and a Florida Hearing Officer. He also discussed the lighting systems at the Sports Complex and at Tamarac Park on University Drive. Marvin Seidel, resident of Kings Point, discussed concerns regarding an increase in Utility taxes and referred to residents who did not pay Ad Valorem taxes. He stated that Tamarac was almost built out and Land Section 7 was being considered for development. Chris P. James, resident of Academy Hills, requested speed bumps and signs lowering the speed limit. Mayor Abramowitz said the speed limit could be lowered but speed bumps were not allowed. Terry Hobmeier, resident of Isles of Tamarac, referred to Pulte Homes, Land Sections 6 and 8, and said Tamarac Elementary School was currently overcrowded. She questioned where school children in the new developments would go and suggested that new bus routes go to Land Sections 6 and 8. Ms. Hobmeier noted that Public Works and Utilities personnel were installing equipment on NW 71 Place and on NW 108 Terrace to Nob Hill Road. She said they were very polite and should be told and she mentioned that Lonnie Scott, Phil Yacobellis and Joe Hughes went to each home and explained what would be done and when the project would be completed. Darlene Cappelluti, Chairwoman of the Parks and Recreation Board, requested a Joint Workshop with Council because there had not been a Liaison for the several months. She invited City Manager Noe, Vernon Hargray, the Parks and Recreation Staff and concerned residents to the Workshop and said the Board wanted Council's input regarding the future of recreation. She said she wanted Council to hear the recommendations and concerns of the Board. Mayor Abramowitz said a Joint Workshop would 1 �I City Council 5/1 1 /94/PP Page 3 be scheduled. Regular Meeting Jo Wright, resident of Tamarac Lakes North, discussed model powered boats and said residents of Tamarac Lakes North and Boulevards presented a petition regarding the noise level at Capporella Lake. She said residents requested that model boats not be allowed. V/M Katz said he made a cassette tape of the powered model boats at Caporella Park and would play it when Item #6 was discussed. CONSENT AGENDA 3. Items listed under Consent Agenda, Item 3, 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. g. MOTION TO ADOPT„ Temp. Reso. #6693 releasing performance Letter of Credit #23579 in the amount of $77,213.75 posted for public improvements (site preparation, pavement, drainage and sidewalks) for the MALVERN project of Kings Point subject to receipt of a one-year warranty bond in the amount of $21,901.94. (Project located in the 9700 block of Westwood Drive, east of Nob Hill Road) SYNOPSIS OF ACTION: REMOVED for discussion. (See Page 6 for discussion and Final Action). C/M Schreiber MOVED to REMOVE for discussion, SECONDED by V/M Katz. VOTE: ALL VOTED AYE b. MOTION TO ADOPT T mI2. Reso. #Q692 requesting the Broward County School Board Superintendent to reexamine funding priorities so that the summer program in Tamarac can continue as it has in the past. SYNOPSIS OF ACTION: REMOVED for Discussion. (See Pages 5 and 6 for discussion and Final Action). C/W Machek MOVED to REMOVE for discussion, SECONDED by V/M Katz. VOTE: ALL VOTED AYE CONSENT AGENDA 3. Items listed under Consent Agenda, Item 3, 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 Council Regular Meeting 5/11/94/PP Page 4 Administrative a. MOTION TO ADOPT -Temp. Reso. #6694 authorizing the City Manager to execute a Vehicle Lease Agreement between the Joint Recycling Group Cities (Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac) and All Service Refuse Company, Inc., providing for residential curbside and multi- family recycling collection service. SYNOPSIS OF ACTION: RESOLUTION R-94-69-PASSED APPROVED C. MOTION TO ADOPT Temp_ Rego. #6701 1 providing for the designation of an Acting City Manager in the absence of the City Manager pursuant to Section 5.03 of the City Charter. SYNOPSIS OF ACTION: RESOLUTION R-94-70-PASSED APPROVED City Clerk d. MOTION TO APPROVE the minutes of the 4/13/94 Regular City Council meeting. SYNOPSIS OF ACTION: APPROVED Public Services Department e. MOTION TO ADOPT Temp. ResQ. #6700 approving an agreement with Fireworks by Grucci, in the amount of $9,000. from Recreation Activities Account 001-550-572-481 (this firm was approved by the Council at the 4/13/94 Council meeting). SYNOPSIS OF ACTION: RESOLUTION R-94-71-PASSED APPROVED f . MOTION TO ADOPT Temp. Res 6692 releasing performance Bond #11132606184 in the amount of $18,933.28 posted for public improvements (road, curbing, drainage and swales) for the 64TH AVENUE NORTH (FOREST WEST) project by Centex Homes, Inc., subject to receipt of a one-year warranty bond in the amount of $4,986.15; this project is located entirely within the City of Lauderhill, however the public improvements exist on land partially within Lauderhill and Tamarac. SYNOPSIS OF ACTION: RESOLUTION R-94-72-PASSED APPROVED V/M Katz MOVED to APPROVE Consent Agenda Items 3.a., 3.c., 3.d., 3.e. and 3.f. with the Exception of Items 3.b. and 3.g., SECONDED by C/W Machek. E L] 1 1 City Council 5/1 1/94/PP Page 5 VOTE: Regular Meeting ALL VOTED AYE b. MOTION TO -ADOPT Temp. Reso. #6699 requesting the Broward County School Board Superintendent to reexamine funding priorities so that the summer program in Tamarac can continue as it has in the past. SYNOPSIS OF ACTION: REMOVED for discussion on Page 3. TABLED. City Attorney Kraft read Temp. Reso. #6699 by Title. C/W Machek noted that funding for summer school was cut 25% and that Superintendent Frank Petruzielo advised that funding priorities were examined. She said the Resolution should be made to the State Legislature and not Superintendent Petruzielo because his letter was an advisement for the City to adequately plan and not ask for funding. She added the City should be pro -active in the future with regard to continuous school programs. Discussion continued and C/M Schreiber suggested drafting a Resolution to Superintendent Petruzielo requesting him to reexamine and restore the 25%. He also suggested drafting another Resolution to the State Legislature requesting them to restore cuts made to the Broward County School District. Mayor Abramowitz said a Joint Workshop was held with Parks and Recreation and a survey regarding Before and After School programs was discussed. He said Tamarac was the only City providing a Program for the school and C/W Machek said the other programs were paid with fees and their programs were run by a Principal, not the School Board. Mayor Abramowitz discussed $100,000 paid for the programs by Tamarac and said that the Broward County School Board should give Tamarac the same amounts as they gave to other school districts. C/W Machek discussed the Before and After School program conducted during the regular school year and said residents were offered a half -day After School program. She noted that summer school was a continuing program, funding was cut 25% and she referenced the Jewish Community Center, Young Men's Christian Association, Taravella Community School and other similar programs. C/W Machek said $100,000 in the survey represented a percentage of overhead charged for janitorial services for programs at the Multi - Purpose Center and should not be considered a charge -off. She said Principals did not have these expenses and explained that air-conditioning was on at the Multi -Purpose Center whether or not children were in attendance. She said a school was only a facility, that the State Legislature made the 25% cut and Superintendent Petruzielo had no funds. Mayor Abramowitz said he supported the Programs but the City should get its fair share. V/M Katz said during the past several months, messages were left with City Council Regular Meeting 5/1 1 /94/PP Page 6 Superintendent Petruzielo's office requesting an appointment but, to -date, Superintendent Petruzielo had not returned his calls. He said he was a proponent of child care and would not allow a child-care program to be eliminated. Mayor Abramowitz questioned whether the City paid for something that the School Board gave to other cities and suggested Tabling Item 3.b. V/M Katz noted the City was taking exception in the Resolution and Superintendent Petruzielo should reexamine the funding. TAPE 2 C/M Schreiber MOVED to TABLE, SECONDED by C/W Machek. VOTE: C/M Schreiber - AYE C/W Machek - AYE V/M Katz - NAY C/M Mishkin - NAY Mayor Abramowitz - AYE g. MOTION Tf—ADOPT Temp. Reso. #6693 releasing performance Letter of Credit #23579 in the amount of $77,213.75 posted for public improvements (site preparation, pavement, drainage and sidewalks) for the MALVERN project of Kings Point subject to receipt of a one-year warranty bond in the amount of $21,901.94. (Project located in the 9700 block of Westwood Drive, east of Nob Hill Road) SYNOPSIS OF ACTION: REMOVED for discussion on Page 3. TABLED. City Attorney Kraft read Temp. Reso. #6693 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by V/M Katz. C/M Schreiber referred to the Letter of Credit and said the sidewalks were small and not put in properly. He said portions of the roadway had already been repaired and the Letter of Credit should not be released at this time. He suggested that Inspectors examine the area before the project was completed. Mayor Abramowitz stated that Council could Approve something that was not addressed in the Code and the Code should be changed if people were unhappy with it. He said the Building Department and City Engineer made their inspections and determined the Code was complied with. Gordon Sparks, City Engineer, agreed and noted the work was properly constructed. City Manager suggested Tabling Item 3.g. for further investigation and Mayor Abramowitz agreed. C/W Machek MOVED to TABLE, SECONDED by V/M Katz. VOTE: ALL VOTED AYE 1 11 City Council 5/11/94/PP Page 7 Regular Meeting RESOLUTIONS Building Dgpartment 4. MO ION TO ADOPT Temp. R 7 granting a sign waiver requested by Careers USA, 3197 W. Commercial Boulevard, Three Lakes Plaza, to allow a sign with a different lettering style than the established shopping center criteria. SYNOPSIS OF ACTION: RESOLUTION R-94-73-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6697 by Title and questioned Dora Hodge representing Sign Craft, Inc., and Karen Kaufman, Director of Careers USA, if they had any objections to the City proceeding on the matter as was done in the past and to forego any rights they might have to sworn testimony on cross-examination of witnesses in the presentation of evidence in that fashion. Ms. Hodge and Ms. Kaufman both said they had no objections. V/M Katz MOVED APPROVAL, SECONDED by C/M Mishkin. Dan Wood, Chief Building Official, said the application was denied and he referred to Chapter 18, Section 18-51 (b)(1) (sizes, colors and styles of lettering) and Section 18-62 (e) (Logo signage). He discussed the shopping center's criteria, applicant's submission and the Registered Logo and discussion followed. V/M Katz questioned whether the Waiver conformed to the Registered Logo. Mr. Wood said the logo did not show slanted letters. City Attorney Kraft questioned whether the applicant's submission was the same as that recorded in the Copyright office and if a graphic was submitted. Ms. Hodge said she did not know and provided a brochure to City Attorney Kraft. City Attorney Kraft said the submission showed a registration symbol adjacent to the logo. City Attorney Kraft questioned whether anyone from the Public wished to speak and there was no response. V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE City Council 5. MOTION TO ADOPT Temp. Reso. #6698 concerning a request by Tamarac resident Maxwell Ingram to provide a bronze name plaque to replace the existing name plate plaque on the Tamarac Sports Complex Concession Stand. SYNOPSIS OF ACTION: RESOLUTION R-94-74-PASSED APPROVED City Council Regular Meeting 5/1 1 /94/PP Page 8 City Attorney Kraft read Temp. Reso. #6698 by Title. C/W Machek MOVED APPROVAL, SECONDED by C/M Schreiber. V/M Katz said he spoke with former City Manager Kelly, Chief Electrical Inspector Kieley and Chief Building Official Wood and they acknowledged no participation by Mr. Ingram. He said as an electrical contractor, he contacted manufacturers who sent their engineers and there was not a need for an outsider to seal a set of plans. C/M Schreiber read a letter from the City dated October 15, 1986 regarding the work done by Mr. Ingram and noting that compensation was never paid to him. C/W Machek referred to Special Council meeting of August 26, 1993 and said the plaque requested for the Sports Complex should be similar to the plaque at the Tamarac Recreation Center on University Drive. Mayor Abramowitz said he had no problem acknowledging a volunteer. VOTE: V/M Katz - NAY C/M Mishkin - AYE C/M Schreiber - AYE C/W Machek - AYE Mayor Abramowitz - AYE ORDINANCES City _Attorney 6. MOTION TO ADOPT T m rd. #1685 on first reading amending Chapter 9 of the Code by adding a prohibition of powered model vehicles in public recreation areas or parks except in specifically designated areas. SYNOPSIS OF ACTION: APPROVED on First Reading. Second Reading and Public Hearing scheduled for Regular Council Meeting, Wednesday, May 25, 1994 at or after 10:00 a.m. City Attorney Kraft read Temp. Ord. #1685 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber. C/M Schreiber discussed former C/M Schumann's comments and suggested Amending the Ordinance so it would not exclude other types of powered mechanisms. He noted that although people used Caporella Park to run powered boats, it was underutilized. He suggested Amending the Ordinance to include a muffler requirement on all powered vehicles where decibels exceeded allowable limits. V/M Katz disagreed and referred to the Noise Ordinance. He said residents adjacent to Caporella Park continuously complained to BSO who advised they did not know whether the decibel level was above or below what was allowed. He played a cassette and said the noise level was higher than [-I J 1 1 City Council Regular Meeting 5/1 1 /94/PP Page 9 normal decibels and the boats at Caporella Park did not have mufflers. He questioned how BSO could differentiate between what was normal and what was higher. Mayor Abramowitz said C/M Schreiber's suggested Amendment to the Ordinance was unenforceable. He stated that Caporella Park was surrounded by homes and questioned whether anyone would like to hear boats on the lake at Belfort in Kings Point. He said people running powered boats in Plantation were asked to leave and he suggested Approving the Ordinance and relocating the boats. C/M Mishkin agreed and said he visited Caporella Park and the noise made his car windows rattle. Mayor Abramowitz referred to noise levels and model planes and said BSO received so many complaints that the people flying the planes were asked to leave. Discussion followed about Caporella Park and other Broward County Parks and former C/M Schumann said he liked Caporella Park but if the Ordinance was Approved, anything powered would be excluded. Discussion continued and Mayor Abramowitz said the Ordinance could be revisited after it was Approved. City Attorney Kraft said revisions could be made before the Second Reading and Council could consider electric -powered vehicles if they made no noise. VOTE: Administration C/W Mishkin - AYE C/M Schreiber - NAY C/W Machek - AYE V/M Katz - AYE Mayor Abramowitz - AYE 10. MOTION TO ADOPT Temp. Reso. #6702 amending the annual budget of estimated revenues and expenditures for Fiscal Year 1994. (Deferred from 5/9/94 Special Meeting) SYNOPSIS QF_ ACTION; RESOLUTION R-94-75-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6702 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/W Machek. City Manager Noe discussed mid -year budget adjustments and said initially there were 11 items but four of the 11 were not considered for funding at this time. He said the Geographic Information System should be made compatible with the mainframe and the cost would be $13,807; $10,000 to assess the air-conditioning system and an additional $50,000 be budgeted for Contingencies through September 30, 1994. He said $13,570 should be expended to revamp the telephone system; $36,079 budgeted for additional Inspectors in the Building Department and City Council Regular Meeting 5/11/94/PP Page 10 expending $35,875 to establish a Budget Office to control expenditures. He said a Classification Pay Plan and Benefit Study was a priority and the cost would be $37,600. City Manager Noe said a Street Superintendent, additional Fire personnel, Internal Auditor and Personnel Analyst were not considered at this time but should be considered for Fiscal Year 1995/96. He said the seven items for consideration were from the General Fund but there was an additional expenditure which should come from the Stormwater Management System. He referred to a National Pollutant Discharge Elimination System's permit and said the City collected revenues for drainage which should be used for personnel. TAPE 3 He referenced the need for a Stormwater Utility Engineer at an annual salary of $24,480 who would have a Secretary already with the City and recommended that all eight items be funded at this time. Mayor Abramowitz noted that construction accelerated and the Building Department was understaffed. He said last year taxable property value decreased and dollars anticipated were not received and the City would need to expend approximately $500,000 to the Mainframe. V/M Katz agreed with City Manager Noe but questioned why the Street Superintendent was not considered at this time. He said $125,000 was Approved in last year's budget to resurface Tamarac Lakes I and II but, to - date, nothing was done due to lack of manpower. He said the City should not delay commencing the work and Council should consider Approving the Street Superintendent. C/M Mishkin referred to decreased taxable property values last year and said the City was allowed to file an exception and taxable property values were increased 5%. He said expenses were reduced due to lack of Staff. C/M Schreiber agreed with City Manager Noe's recommendation but the Street Superintendent should be considered in the Fiscal Year 1994/95 budget. Mayor Abramowitz disagreed that the City made more money and explained that due to the huge decrease in assessed property values, the law mandated the City's Ad Valorem Taxes to slightly increase. V/M Katz said he supported City Manager Noe's recommendation. VOTE: REPORTS 7. City Council ALL VOTED AYE C/W Machek said the Workshop sponsored by the Florida League of Cities for new Councilmembers was very informative. V/M Katz - NO REPORT C/M Schreiber agreed with having Monday morning Workshops because they were very informative. Ll 1 City Council Regular Meeting 5/1 1 /94/P P Page 11 C/M Mishkin said through an oversight, Mrs. Mishkin was not introduced earlier in the Meeting and Mayor Abramowitz introduced Mrs. Mishkin at this time. Mayor Abramowitz voiced comments regarding his insurance provider and that after 15 years he was advised he would no longer be covered. he said new insurance would now cost almost three times what he had paid. He referred to a letter from Insurance Commissioner, Tom Gallagher, indicating a Workshop at the Holiday Inn at 1711 North University Drive, Plantation, at 11.00 a.m. on May 16. He suggested that all condominium owners and homeowner associations attend to voice comments and complaints to the Department of Insurance, Florida Windstorm Association and Florida Property and Casualty Joint Writing Association. He discussed past and future insurance premiums at Sands Point and Kings Point. Mayor Abramowitz said residents south of Commercial Boulevard were paying $.25 to call Miami but residents north of Commercial Boulevard paid $1.30. He said Commissioner John Hart introduced a Resolution requesting the Public Service Commission to have all Broward County included because Southern Bell overcharged Broward County consumers $300 Million dollars. Mayor Abramowitz advised the Advanced Disposal Fee would double next year and explained the Resource Recovery Board advised of a proposed $10 or $11 annual increase in tipping fees. He referenced $1.84 more per month for single-family homes and $1.46 more per month for multi- family dwellings. He questioned whether the $10 or $11 could be spread over 10 years and Tom Henderson, in charge of the Resource Recovery Board Program, said, no. He said he asked Commissioner Hart to research and advise whether there was a proposal to stop the Resource Recovery from doing this. Mayor Abramowitz referred to "put or pay" and said the City would not have to pay a penalty if the required amount if garbage was brought to the burner. He referenced four cities in Broward County which did not bring their garbage to Coconut Creek and said there would not be a shortfall if one of the four cities participated. He noted that the four cities sent their garbage out of the area because it was cheaper. 8. City Attorney City Attorney Kraft - NO REPORT 9. City Manager City Manager Noe said annexation was discussed with V/M Katz and City Attorney Kraft but a Consultant should be hired if annexation is to proceed and placed on the ballot. Mayor Abramowitz agreed and suggested the matter be agendized for the Monday Workshop and C/M Schreiber agreed. C/M Mishkin questioned the status of items for the referendum. Mayor Abramowitz said the items would also be agendized for the Workshop on Monday. City Council Regular Meeting 5/1 1 /94/PP Page 12 City Manager Noe complimented Stanley Hawthorne, Finance Director, and the Budget Committee comprised of Dina McDermott, Assistant City Manager, and Larry DuPre, Personnel Director, for their work on the mid- year budget recommendation. With no further discussion, Mayor Abramowitz ADJOURNED the MEETING at 8:45 P.M. f k Norman Abramowitz Mayor Carol A. Evans, CMC City Clerk CITY OF TAMARAC APPROVED AT MEETING OF �.:( � City Clerk 1