HomeMy WebLinkAbout1992-06-10 - City Commission Regular Meeting MinutesCity Council Regular Meeting
6/10/92/KJ
Page 1
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, DUNE 10, 1992
CALL -TO ORDER: Mayor Bender called this meeting to order on
Wednesday, June 10, 1992, at 7:00 p.m. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of
Allegiance.
PRESENT:
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Norman Abramowitz
Councilman Irving Katz
ALSO PRESENT:
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
8. MOTION TO ADOPT „Temg�Qr!d. #1613 on first reading
amending Chapter 2 of the Code by repealing Section 2.1
entitled "Director of Development Services" and amending
Section 2-242 entitled "Director" by adding duties and
responsibilities, adding a new Section 2-243 which sets forth
divisions within the Community Development Department, and
adding a new Section 2-244 enumerating functions of the
Community Development Department.
SYNOPSIS OF ACJION:
Removed at the City Manager's request.
Mr. Kelly requested that Item 8 be removed from the agenda for
future discussion.
C/M Katz MOVED to REMOVE Item 8, SECONDED by C/M Schreiber.
VOTE:
ALL VOTED AYE
C/M Abramowitz said on May 28, 1992 he received some questions in
writing from Nathan Peretzman, resident, regarding some
accusations he had made. He said he had suggested to Mr. Peretzman
that he remain until the end of the meeting for his report in
order to receive the answers to his questions. He said he had also
suggested to Mr. Peretzman that he consult with an attorney.
1. - 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.
Nathan Peretzman, resident, questioned the Medics Ambulance
contract.
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6/10/92/KJ
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Mr. Peretzman asked when the City is going to repay Tamarac
Utilities West $700,000.00 spent to offset projected shortfalls in
the City's budget.
Mr. Peretzman expressed his concerns regarding the possibility of
Tamarac Utilities West increasing the water and sewer rates.
Marvin Seidel, resident of Kings Point, questioned the combining
of services of Community Development and Utilities Department and
if it would be a savings to the community regarding the ad valorem
taxes.
Mr. Kelly said the proposal would decrease $50,000.00 of the
balance of this fiscal year and would be carried over to next
year.
Phil Weinberger, President of the Tamarac Presidents Council,
stated that during the recent regular meeting of the Presidents
Council, a unanimous vote was passed opposing the referendums
regarding the increase of the Mayor and Council's salaries and
expenses and the unlimited terms of office.
Melanie Reynolds, resident, expressed her concerns regarding the
administrative powers of the City Manager.
Lou Solomon, Vice President of the Isles of Tamarac, expressed his
concerns regarding the road and drainage conditions on NW 71 Place.
C/M Abramowitz said the City had spent $5,000.00 for a survey for
repairs to that area.
C/M Schreiber said this problem also affects Kings Point and it is
the responsibility of the City to correct this problem.
Mayor Bender requested the comments be held to the end of the
meeting during the Council reports.
Harold Newman, President of the Civic Coalition, said the Board of
Directors of the Civic Coalition opposed the following
referendums: unlimited terms, salary increases and single -member
districts.
Mr. Newman requested that Council give consideration to
development of Land Section 7.
Irving Parness, resident, expressed his concerns regarding the
drainage conditions on NW 71 Place and requested this be handled
prior to mosquito infestation.
Adrian Gollubier, resident, expressed his concerns regarding the
drainage on NW 71 Place and requested a concrete drain be
installed.
David Leichtung, resident, voiced his concerns regarding the
flooding on NW 71 Place.
Fred Joseph, resident, requested that Council take action
regarding the barking dogs in his neighborhood. He said it is
difficult for the Broward Sheriff's Office to enforce the
Ordinance. He said he did obtain a restraining order to defend him
in this situation.
(Public Participation continued on Page 6)
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6/10/92/KJ
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9. EUBLIC HEARING - on
second reading concerning a request by After, Inc., to rezone
lands described as the east 380-feet of Parcel "R" of
Woodland Lakes, which are located south of McNab Road and
east of NW 88 Avenue, from B-6 (Business District) to R-3
(Low -Density Multi -family District). Petition #38-Z-91
SYNOPSIS OF ACTION; ORDINANCE 0-92-28-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1608 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1608, SECONDED by
C/M Abramowitz.
Kelly Carpenter, Director of Community Development, said this is
an application by After, Inc., to rezone property from B-6 to R-3,
described as the east 380 feet of Parcel "R" of Woodland Lakes.
Ms. Carpenter said on September 11, 1991, Council approved on
first reading, an application for a Land Use Plan amendment for
this parcel from commercial to low -medium residential, which is
six to ten dwelling units to the acre. She said this request will
rezone the property in conformity with the proposed Land Use Plan
amendment. She said the surrounding uses are as follows: north —
commercial, east ---recreational, south —recreational, and west —
commercial.
Ms. Carpenter said this rezoning to R-3 will bring the existing
buildings on the site into conformity with the Zoning and Building
Codes. She said the site will also have the proper density as
permitted on the Land Use Plan. She said the Staff and Planning
Commission have recommended approval of this rezoning subject to
the Findings of Fact.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE:
ALL VOTED AYE
10. PUBLIC HEARINQ - on
second reading concerning a request by Pebb Enterprises to
change the use of land described as Parcel "A" of Nob
Hill/Westwood Plat and located at the northeast corner of Nob
Hill Road and Westwood Drive from Commercial to Medium
Residential (11--15 dwelling units per acre) comprising 4.169
acres. Petition #4-LUA-91.
ORDINANCE 0-92-29-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1574 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1574, SECONDED by
C/M Abramowitz.
Ms. Carpenter said this is an application by Pebb Enterprises for
a Land Use Plan amendment for Parcel "A" of the Nob Hill/Westwood
Plat. She said the surrounding land uses are as follows: north —
medium -density residential, 11 to 15 dwelling units to the acre,
south —law -density residential, 5 or less to the acre, east —medium -
density residential, west —commercial.
Ms. Carpenter said this Land Use Plan amendment is justified by
the following: 1) The original commercial parcel is too large to
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Page 4
accommodate demand by the surrounding residential. 2) The abutting
commercial site fronts on Nob Hill Road and if commercial
development were to occur on this site, it would necessarily front
on Westwood Drive, which would be directly across from developed
single --family. 3) Less than one quarter mile south of this site is
a built commercial parcel which is completely vacant on the
southwest side. 4) All residential parcels north of Westwood Drive
are currently at the density of 11 to 15 dwelling units to the
acre, which is the same as this request.
Ms. Carpenter said this change to the Land Use Plan Map is
consistent with the goals, objectives and policies of the
Comprehensive Plan.
Ms. Carpenter said the Planning Commission unanimously recommended
approval of this application on September 25, 1991. She said the
Council approved this on first reading on October 9, 1991 and it
was then transferred to the State to the Department of Community
Affairs from whom the City has received no adverse comments. She
said Staff recommends approval.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE:
ALL VOTED AYE
11. PUBLIC HEARIEG - on
first reading concerning a request by Pebb Enterprises to
rezone lands on the north side of Westwood Drive, east of Nob
Hill Road, from B-2 (Planned Community Business) to R-4A
(Planned Apartment District). Petition #57-Z-91.
Public hearing was held.
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kraft read Temp. Ord. #1614 by title.
C/M Schreiber MOVED to APPROVE Temp. Ord. #1614, SECONDED by
C/M Katz.
Ms. Carpenter said this is the request for rezoning which
implements the Land Use Plan amendment in Item 10 on this agenda.
She said this is a rezoning from B-2 to R-4A. She said Staff
recommends approval.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
9LO344
ALL VOTED AYE
12. PU LIC HEARING - on
second reading amending Chapter 11 of the Code by removing
the requirements for obtaining a tree pruning permit by
multi -family and non-residential projects.
SYNOPSIS OF ACJION_-
Public hearing was held.
APPROVED on second and final
ORDINANCE 0-92-30-PASSED
reading.
Mr. Kraft read Temp. Ord. #1604 by title.
C/M Abramowitz MOVED to APPROVE Temp. Ord. #1604, SECONDED by
C/M Schreiber.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
1
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6/10/92/KJ
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13. PUBLIC HEARING - on
second reading concerning a proposal by the City of Tamarac
to change the use of land described as "Parcel A" of the Land
Section 6 South Plat (unrecorded) and located on the
northwest corner of McNab Road and NW 108 Terrace from
Commercial to Low Medium Residential (6-10 dwelling units per
acre) comprising 7.202 acres. Petition #1-LUA-91.
SYNOPSIS OF ACTION_ ORDINANCE 0-92-31-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1570 by title.
C/M Schreiber MOVED to APPROVE Temp. Ord. #1570, SECONDED by
C/M Abramowitz.
C/M Katz asked if this is the same piece of property that
Leadership Housing had requested and Council had voted to send
back to Comprehensive Land Use and Ms. Carpenter said, yes.
Ms. Carpenter said this is the final step in achieving Council's
request, which was to change it to residential. She said the
County will need to achieve a certification; however, it is not
likely that it will be rejected based on the fact that it is in
compliance with the Land Use Plan.
Mayor Bender OPENED the Public Hearing.
Jesse Sompolinsky, resident of the Isles of Tamarac, asked if this
will conform to the change made by Leadership Housing regarding
the minimum footage of the apartments.
Ms. Carpenter said the zoning is not on the table at this time.
She said a recommendation will be made at the time of zoning and
is not a part of the Land Use Plan process.
C/M Abramowitz said this was zoned commercial in the past and the
residents had requested it be rezoned residential.
TAPE 2
C/M Abramowitz said this is a change of designation.
Mr. Sompolinsky said this will affect Kings Point and the Isles of
Tamarac, which are inundated with traffic at present.
C/M Katz said when Leadership Housing came up with their original
petition to extend the additional five acres of commercial, he had
quoted portions of the Appellate Court decisions, which said that
even though they owned the property, they did not have the right
to dictate to the legislative body in the City what this
legislative body thought was the best interest of the people
surrounding the area.
C/M Katz suggested at that time that it be returned to the County
Comprehensive Land Use Plan because it did not fit with the area
as residential area. He said Leadership Housing had made a
voluntary stipulation to 800 square feet minimum for everything
that was going to be built there. He said he does not see a
problem with 800 square feet as a minimum.
Mayor Bender CLOSED the Public Hearing with no further response.
VOTE: ALL VOTED AYE
1. P3IELIC PARTICTEATION (Continued from Page 2)
Bob Thomas, resident of the Isles of Tamarac, requested that
something be done regarding the speeding and water problems on NW
71 Place.
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6/10/92/KJ
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Joe Baron, resident, expressed his concerns regarding where the
responsibility lies regarding the development of the area and the
structuring of two entrances on NW 71 Place and the repairs which
need to be done,
Terry Hobmeier, resident of the Isles of Tamarac, said the
drainage on NW 71 Place is a serious problem.
Ms. Hobmeier expressed her appreciation for the closing of the
dead end west on McNab Road near NW 108 Terrace,
Ms. Hobmeier requested that ficus trees and hedges not be planted
in the City due to their requirements of water and suggested that
Xeriscaping is used.
Howard Kleinschmidt, resident, expressed his concerns regarding
the location of the light poles which are going to be installed on
Westwood Drive. He requested the poles be placed on the inner
portion of the curve or possibly placed underground.
C/M Katz requested the feasibility for underground cables be
investigated.
Thomas Van Note, Secretary of the Tamarac Athletic Federation,
expressed his appreciation for the Council approval on May 27,
1992 of Reso. #R-92-84 regarding the Fourth of July celebration.
Mr. Van Note expressed his appreciation regarding the increase of
basketball courts in the City.
2. Items listed under Consent Agenda, Item 2, 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.
a. the minutes of the following City
Council meetings:
1. 4/30/92 - Special Meeting
VWJ + Le) • • •,
•••;• M
b. MOTION TO APPjQVE renewal of a model sales and
administrative facility permit for BOARDWALK
APARTMENTS (CONCORD VILLAGE II) in Building 10, Unit
8650, for a six-month period from 6/25/92 to 12/25/92.
_-";• gar
C. MOTION Tn APPROVE renewal of a model sales permit for
GREENVIEW APARTMENTS in Building 9, 10000 Nob Hill
Circle, for a six-month period from 7/10/92 to 1/10/93.
W11.4 • " • • +
d. MOTION TO APPROVE renewal of a permit for the use of a
model sales facility at another location (Kings Point
Professional Plaza) for ASHMONT/KINGS POINT for a
six-month period from 7/27/92 to 1/27/93.
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6/10/92/KJ
Page 7
e. 1. MOTION TO ADOPT Temg_ Reso_ #6295 accepting a
Canal Maintenance Easement and Public Utility
Easement for the WATERS EDGE project.
2. accepting a
Partial Subordination of Encumbrance to Property
Rights for a Canal Maintenance Easement and Public
Utility Easement for the WATERS EDGE project.
3. accepting a
Tamarac Utilities West Water and Sewer Utility
Easement for the WATERS EDGE project.
4. MOTION TO ADQI!T Temg. Reso. #6298 accepting a
Partial Subordination of Encumbrance to Property
Rights for a Tamarac Utilities West Water and Sewer
Utility Easement for the WATERS EDGE project.
(located on the east side of NW 94 Avenue, south of NW 60 Street)
RESOLUTION R-92-92-PASSED
RESOLUTION R-92-93-PASSED
RESOLUTION R-92-94-PASSED
SYNOPSIS ,QF ACTION*- RESOLUTION R-92-95-PASSED
APPROVED 2.e.1, 2.e.2., 2.e.3., and 2.e.4.
f. 1. MOTION —TO- ADOPT Temp_ Reso. #6301 accepting a
20-foot Tamarac Utilities Water and Sewer Utility
Easement for the VGC PARK REPLAT -PHASE I
project (VISUAL GRAPHICS CORPORATION).
2. MQTION TO ADOPT Temg,, agso. #6302 accepting a
Sidewalk Easement on the north side of Commercial
Boulevard for the VGC PARK REPLAT -PHASE I
project (VISUAL GRAPHICS CORPORATION).
RESOLUTION R-92-96-PASSED
$yHOESTS OF ACTI,QN: RESOLUTION R-92-97--PASSED
APPROVED 2.f.1. and 2.f.2.
C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED by
V/M Schumann.
VOTE:
ALL VOTED AYE
3• awarding Bid #92--12 in
the amount of $32,092.00 to Florida Blacktop, Inc., for
construction of three (3) basketball courts at TAMARAC
SPORTS COMPLEX -- TRACT 27 and AUTHORIZATION to transfer
$4,000.00 from Parks and Recreation Fund Account
142-872-588-99C to Basketball Courts Sports Complex Account
142-650-572-6AP to fully fund this project.
RESOLUTION R-92-98-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6303 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6303, SECONDED by
V/M Schumann.
Mr. Kelly said there were four bids on this project and this bid
has the support of the Recreation Board and the Tamarac Athletic
Federation. He said the money is not coming from tax dollars but
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6/10/92/KJ
Page 8
from Developer/Recreational Impact Fee monies. He said Staff is
anxious to get this project started, recommends approval and the
money is in place.
C/M Schreiber asked if the price of $1,000.00 for the basketball
setups is a normal rate and Mr. Kelly said it was the lowest bid
of all.
Stan Bernard, resident, asked if the courts will be surfaced with
blacktop and Mr. Kelly said they will be Source 3 Asphalt.
VOTE: ALL VOTED AYE
4. on first reading placing
a Charter Amendment on the 9/1/92 ballot changing the terms
for Mayor and Councilmembers from two (2) to three (3) years.
SYNOPSIS OE ACTTONI
APPROVED on first reading. Public Hearing and second reading will
be held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kelly read Temp. Ord. #1609 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1609, SECONDED by
C/M Abramowitz.
C/M Schreiber expressed his opposition to this amendment to the
Charter. He said the longer a term is extended, the more
complacent an elected official gets, which is not in the public's
interest.
C/M Abramowitz said this has been an ongoing situation in the
City. He said there is an election annually in the City of Tamarac
and every year it costs the City money and the City becomes
traumatized for six months prior to an election.
C/M Abramowitz said no legislation is completed due to the
elections and Staff is traumatized. He said this is detrimental to
the residents of the City.
Mayor Bender said the City had retained the services of Carla
Coleman of Florida Atlantic University, who made recommendations
after reviewing the City's Charter as to what she felt needed to
be changed, and this was one of her recommendations.
C/M Katz said the greatest problem historically in the City is
that people have either been negligent in not knowing the
credentials and credibility of the candidates that they vote for
or so apathetic that they listen to the last person that tells
them a name before they enter the polling booth.
C/M Katz said more than the term of office, the problem is not
knowing who the candidates are. He said if the candidate is
credible and has proved himself, the length of the term should not
matter. He said he is going to vote for a three year term, but
requested that the residents of the City take more time to know
who the candidates are, what they stand for, what their
backgrounds are and whether they are wanted in office.
VOTE: C/M Abramowitz - AYE
C/M Katz AYE
V/M Schumann - AYE
C/M Schreiber - NAY
Mayor Sender -- AYE
City Council Regular Meeting
6/10/92/KJ
Page 9
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1
5. MOTION TO ADOPT Tema. Ord._ #1610 on first reading placing
a Charter Amendment on the 9/1/92 ballot providing that the
Mayor and Councilmembers may serve without term limits.
SYNOPSIS , OF ACT,IQN
APPROVED on first reading. Public Hearing and second reading will
be held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kraft read Temp. Ord. #1610 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1610, SECONDED by
V/M Schumann.
C/M Schreiber said throughout the United States, the current
movement is to remove long standing members. He said this will not
benefit the public because once a candidate is in, the advantage
of incumbency breeds greed, complacency and everything that is
abhorrent to a public official. He said the Council's job is to
serve the public, not themselves and this a self-serving proposal.
V/M Schumann said this is to be decided by the electorate as to
whether or not they want the unlimited or limited terms.
C/M Abramowitz said it is not easy to do the kind of work that
Council does and take the responsibility of the City. He said this
decision is up to the public and Council is presenting that
choice. He said C/M Schreiber is saying that he does not want this
to go to the public.
Mayor Bender said the original Charter had unlimited terms, which
was changed and the City is trying to revert back to the original
Charter regarding the terms.
C/M Schreiber said the Charter was changed because of somebody who
was not serving the public interest and the only way there was to
remove this person was to limit the terms of office.
VOTE:
C/M
Katz
- AYE
V/M
Schumann
- AYE
C/M
Schreiber
- NAY
C/M
Abramowitz
- AYE
Mayor Bender
- AYE
6, on first reading placing
a Charter Amendment on the 9/1/92 ballot increasing the
Mayor's monthly salary from $400.00 to $600.00 per month and
the Councilmembers' salary from $300.00 to $500.00 per month.
Removed from agenda.
Mr. Kraft read Temp. Ord. #1611 by title.
C/M Katz said he had originally made the suggestion that since
1980, the Council and Mayor had not received a salary increase and
are the lowest paid in Broward County. He said Item #7 on the
agenda, which allows for the Council and Mayor to have an expense
account to utilize for expenses incurred while doing business for
the City.
C/M Katz suggested that Item #6 be eliminated and change Item #7
so that the expense account allotted by the Charter to Council and
Mayor become part of their salary and they pay their own expenses.
C/M Katz MOVED to ELIMINATE Item #6 from the agenda and rephrase
Item #7 so that this becomes their salary and Council and the
Mayor pay their own expenses.
Mr. Kraft suggested Council act on Item #6 and then proceed with
Item V .
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6/10/92/KJ
Page 10
C/M Abramowitz said the City had been notified by Mr. Markham's
office that there has been a devaluation of the tax structure in
the City by 50 million dollars. He said the City was notified by
Broward County that there is a shortfall in Broward County from
the tax structure of eight million dollars and a shortfall in the
School Board because of the devaluation of 12 million dollars. He
said there is also a shortfall of two million dollars on the
hospital district.
C/M Abramowitz said that money is going to be made up somehow and
it will most likely be by taxes. He recommended that Item #6 be
removed without any conditions.
C/M Schreiber MOVED to ELIMINATE Item #6 in its entirety,
SECONDED by C/M Abramowitz.
VOTE:
ALL VOTED AYE
7. MOTION TO ADOPT Temv_ Ord. #1612 on first reading placing
a Charter Amendment on the 9/l/92 ballot to allow Mayor and
Councilmembers' expenses to be paid in advance with vouchers
to be submitted to the City Clerk at the end of each calendar
year, with any expense money that is not spent on City
related expenses returned to the City.
SYNOPSI„, OF ACTION:
APPROVED on first reading as amended removing option of keeping
unspent money as salary. Public Hearing and second reading will be
held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kraft read Temp. Ord. #1612 by title.
C/M Katz said he would like to have Item #7 amended so that the
salary structure will include the $2,000 for Council and the
$3,000 for Mayor, which is allowed by the Charter to be included
as part of their salary structure and have them pay their own
expenses.
TAPE 3
Mayor Bender asked if once a Motion is made, if Council has the
right to make recommendations and revisions and Mr. Kraft said,
yes.
V/M Schumann MOVED to APPROVE Temp. Ord. #1612, SECONDED by
C/M Katz.
C/M Abramowitz said it costs the City much more to monitor the
expenses and suggested it not be kept as salary.
V/M Schumann said by doing this, it is moving the accounting
procedures from the City's to the Councilpersons' responsibility
and C/M Abramowitz agreed.
C/M Abramowitz said he has spent very little money from the
expense account.
C/M Schreiber asked why it is necessary and C/M Abramowitz said
the Charter dictates the way the expenses are monitored.
Mayor Bender said under the Records Laws of the State, the reports
must be kept and maintained for a long period of time.
C/M Katz said he had spent approximately $600.00 of his $2,000.00
expense account and spent approximately $1,000.00 of his own
money, but never turned in vouchers.
Mayor Bender said this was researched and the Finance Department
stated that once the money is given to the Mayor and Council, it
is considered salary on which taxes would need to be paid.
Discussion was held regarding previous situations in the City
regarding the monitoring of expenses.
r�
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City Council Regular Meeting
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Page 11
C/M Katz suggested the expense account be eliminated as it
currently is and to issue that money which is prescribed by the
Charter and incorporate it as salary for expenses.
C/M Abramowitz requested that the legal status of this be referred
to.
Mayor Bender asked if the suggestion being made is legal and Mr.
Kraft said if there is a suggestion that the original Motion be
amended to conform with this, then a Consensus of Opinion is
needed.
C/M Katz MOVED to REVISE the original Motion to eliminate from
Section 4.02 all mention of expense to increase the salary
structure in Section 4.02 to accommodate the $2,000 for Council
and $3,000 for Mayor, allotted in the budget and allowed by the
Charter and there be no expense and no accountability, SECONDED
by V/M Schumann.
Mr. Kraft said the proposal is to change the expense money to
salary.
VOTE: C/M Schreiber - NAY
C/M Abramowitz - NAY
C/M Katz - AYE
V/M Schumann - NAY
Mayor Bender -- NAY
C/M Abramowitz MOVED that rather than it read as follows, "Any
expense money that is not spent on City related expenses returned
to the City or kept as salary by the Mayor or Council at their
option", that this statement be changed to have a period at the
end of the phrase, "returned to the City." and the remainder of
the statement be eliminated, SECONDED by V/M Schumann.
Mr. Kraft reread the title of Temp. Ord. #1612 with the
revisions.
C/M Schreiber said the expense compensation paid in advance
becomes salary and C/M Abramowitz said it is not salary, but the
method by which the vouchers are monitored is changed.
C/M Katz asked how this would be handled without a voucher and V/M
Schumann said the money would be available in advance.
Mr. Kraft said it would be paid on a monthly basis.
VOTE: ALL VOTED AYE
14. City CoUncil
V/M Schumann - No report.
C/M Katz expressed his appreciation for everyone's good thoughts
while he was ill.
C/M Schreiber expressed his concerns regarding the
concession/restroom facility at the Sports Complex being completed
for the Fourth of July.
C/M Abramowitz said the Broward League of Cities, of which he is
the First Vice President, is an organization made up of all 28
cities in Broward County. He said there will be a meeting held on
June 17, 1992 at 1:00 p.m. regarding the Broward County Resource
Recovery situation. He said trash collection, recycling and the
backflow preventers will be discussed.
City Council Regular Meeting
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Page 12
C/M Abramowitz read the accusations and questions by Nathan
Peretzman, resident, regarding the Medics Ambulance Service in an
attempt to respond to them. He said he has never had any
relationship with Medics Ambulance Service or its owners other
than in the course of his duties as an elected official. He said
he has no financial interest in Medics Ambulance Service. He said
the City had a contract with Medics Ambulance Service prior to his
taking office, which is an administrative matter not handled by an
elected official.
C/M Abramowitz said Broward County is the agency which dictates
that the City must use Medics Ambulance Service as a provider for
those services. He said Broward County keeps detailed daily and
monthly records which are provided to the Tamarac Fire Department
in order to monitor the ambulance service.
Mayor Bender - No report.
15. City Attorney
No report.
Mr. Kelly said the containers for Phase II of the multi -family
recycling during the weeks of June 15 and June 24, 1992 will be
delivered. He said these units include those condos east of Pine
Island Road which have not been serviced. He said letters of
notification have been mailed out and the recycling efforts will
begin during the week of July 6, 1992.
Mr. Kelly said the City received a grant for the beautification of
Nob Hill Road in the amount of $39,634.00. He said the City will
be providing irrigation and curbing for this.
Mr. Kelly said the application for beautification for the
Boulevards was not approved by the County.
Mr. Kelly said the FP&L pole lines in the Westwood Community have
been discussed between the City, FP&L and Lennar Homes. He said it
was agreed that the poles did not belong on the south side of the
street and their engineers would reevaluate the situation this
week. He said there are going to be ten poles on the north side of
the street.
Mr. Kelly said that Marty Riefs of Lennar Homes has requested that
the City support having street lights placed on the FP&L poles to
assist them as a selling point and he had instructed that Lennar's
people review this situation for spacing of the lights.
C/M Schreiber requested that the possibility of underground wiring
be researched and Mayor Bender agreed.
Mr. Kelly said the Fire Department is holding air evacuation
training sessions.
Mr. Kelly said there will be a workshop meeting on June 16, 1992
at 1:00 p.m. regarding the possibility of utility rate increases.
He said there will be a Public Hearing held on June 19, 1992 at
2:00 p.m. regarding this.
Mr. Kelly referred to the increases from Broward County. He said
the City lost 49 to 50 million dollars for next year's valuation.
He said the monies that the City had counted on from the previous
year as a total tax base for the City has been reduced by 49
million dollars. He explained the valuation process. He said the
City will not have, for the balance of this fiscal year,
$150,988.00 which was counted on to come into the City. He said
the County bases this on approximately 96%. He said the City
budgets 95%, which is the more conservative approach.
City Council Regular Meeting
6/10/92/KJ
Page 13
Mr. Kelly said Governor Chiles has made some proposals for
additional taxes on City services, such as the State to tax the
City Recreation fees a 5% State Sales Tax on admissions to
athletic or other events, including fees that recreation
departments charge for golf, tennis and other such activities. He
said there is a proposal to tax the City's utilities which
includes a 5% sales tax on all non --residential water, sewer and
solid waste billings as well as water and sewer connections.
Mr. Kelly said the City has been asked to respond by Friday, June
12, 1992 regarding the Materials Recovery Facility, including a
survey as to whether the City is willing to commit the recyclables
to the Broward County Material Recovery Facility. He said until
the meeting is held, no one is in a position to respond to this.
Mr. Kelly said a report regarding the drainage issue at NW 71
Place will be handed out to those interested.
TAPE 4
He said the costs range from $190,000.00 for swales up to
$430,000.00 and rather than delaying this, he suggested the
representatives need to review this and acknowledge that with the
economic straits that the City is facing, it will be difficult to
address some of these matters in the upcoming year.
With no further business, Mayor Bender ADJOURNED this meeting at
9:10 P.M.
. BENDER
MAYOR
CAROL A. EVANS
CITY CLERK
CITY OF TAMARAC
APPROVED AT MEETING OF a- I a - 9 9'
City Council Regular Meeting
6/10/92/KJ
Page 1
1
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JUNE 10, 1992
CALji_TO ORDER: Mayor Bender called this meeting to order on
Wednesday, June 10, 1992, at 7:00 p.m. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
Mayor Bender called for the Pledge of
Allegiance.
PRESENT:
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Norman Abramowitz
Councilman Irving Katz
ALSOO_YRE.gENT :
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
8- on first reading
amending Chapter 2 of the Code by repealing Section 2.1
entitled "Director of Development Services" and amending
Section 2-242 entitled "Director" by adding duties and
responsibilities, adding a new Section 2-243 which sets forth
divisions within the Community Development Department, and
adding a new Section 2-244 enumerating functions of the
Community Development Department.
YNOPSIS -OF ACTION:
Removed at the City Manager's request.
Mr. Kelly requested that Item 8 be removed from the agenda for
future discussion.
C/M Katz MOVED to REMOVE Item 8, SECONDED by C/M Schreiber.
VOTE:
ALL VOTED AYE
C/M Abramowitz said on May 28, 1992 he received some questions in
writing from Nathan Peretzman, resident, regarding some
accusations he had made. He said he had suggested to Mr. Peretzman
that he remain until the end of the meeting for his report in
order to receive the answers to his questions. He said he had also
suggested to Mr. Peretzman that he consult with an attorney.
1. PUDLIC PARTI„CIPATION - 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.
Nathan Peretzman, resident, questioned the Medics Ambulance
contract.
City Council Regular Meeting
6/10/92/KJ
Page 2
Mr. Peretzman asked when the City is going to repay Tamarac
Utilities West $700,000.00 spent to offset projected shortfalls in
the City's budget.
Mr. Peretzman expressed his concerns regarding the possibility of
Tamarac Utilities West increasing the water and sewer rates.
Marvin Seidel, resident of Kings Point, questioned the combining
of services of Community Development and Utilities Department and
if it would be a savings to the community regarding the ad valorem
taxes.
Mr. Kelly said the proposal would decrease $50,000.00 of the
balance of this fiscal year and would be carried over to next
year.
Phil Weinberger, President of the Tamarac Presidents Council,
stated that during the recent regular meeting of the Presidents
Council, a unanimous vote was passed opposing the referendums
regarding the increase of the Mayor and Council's salaries and
expenses and the unlimited terms of office.
Melanie Reynolds, resident, expressed her concerns regarding the
administrative powers of the City Manager.
Lou Solomon, Vice President of the Isles of Tamarac, expressed his
concerns regarding the road and drainage conditions on NW 71 Place.
C/M Abramowitz said the City had spent $5,000.00 for a survey for
repairs to that area.
C/M Schreiber said this problem also affects Kings Point and it is
the responsibility of the City to correct this problem.
Mayor Bender requested the comments be held to the end of the
meeting during the Council reports.
Harold Newman, President of the Civic Coalition, said the Board of
Directors of the Civic Coalition opposed the following
referendums. unlimited terms, salary increases and single -member
districts.
Mr. Newman requested that Council give consideration to
development of Land Section 7.
Irving Parness, resident, expressed his concerns regarding the
drainage conditions on NW 71 Place and requested this be handled
prior to mosquito infestation.
Adrian Gollubier, resident, expressed his concerns regarding the
drainage on NW 71 Place and requested a concrete drain be
installed.
David Leichtung, resident, voiced his concerns regarding the
flooding on NW 71 Place.
Fred Joseph, resident, requested that Council take action
regarding the barking dogs in his neighborhood. He said it is
difficult for the Broward Sheriff's Office to enforce the
Ordinance. He said he did obtain a restraining order to defend him
in this situation.
(Public Participation continued on Page 6)
City Council Regular Meeting
6/10/92/KJ
Page 3
9. PUBLIC HEARING - MOTION TO ADOPT Temv. Qrd. , #„I,fiQ8 on
second reading concerning a request by After, Inc., to rezone
lands described as the east 380-feet of Parcel "R" of
Woodland Lakes, which are located south of McNab Road and
east of NW 88 Avenue, from B-6 (Business District) to R-3
(Low -Density Multi -family District). Petition #38-Z-91
SYNOPSTA OF ACTION: ORDINANCE 0-92-28-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1608 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1608, SECONDED by
C/M Abramowitz.
Kelly Carpenter, Director of Community Development, said this is
an application by After, Inc., to rezone property from B-6 to R-3,
described as the east 380 feet of Parcel "R" of Woodland Lakes.
Ms. Carpenter said on September 11, 1991, Council approved on
first reading, an application for a Land Use Plan amendment for
this parcel from commercial to low -medium residential, which is
six to ten dwelling units to the acre. She said this request will
rezone the property in conformity with the proposed Land Use Plan
amendment. She said the surrounding uses are as follows: north -
commercial, east -recreational, south -recreational, and west -
commercial.
Ms. Carpenter said this rezoning to R-3 will bring the existing
buildings on the site into conformity with the Zoning and Building
Codes. She said the site will also have the proper density as
permitted on the Land Use Plan. She said the Staff and Planning
Commission have recommended approval of this rezoning subject to
the Findings of Fact.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE:
ALL VOTED AYE
10. PIMLIC HEARIEG - on
second reading concerning a request by Pebb Enterprises to
change the use of land described as Parcel "A" of Nob
Hill/Westwood Plat and located at the northeast corner of Nob
Hill Road and Westwood Drive from Commercial to Medium
Residential (11-15 dwelling units per acre) comprising 4.169
acres. Petition #4-LUA--91.
SYNOPSIS -OF ACTION* ORDINANCE 0--92-29-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1574 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1574, SECONDED by
C/M Abramowitz.
Ms. Carpenter said this is an application by Pebb Enterprises for
a Land Use Plan amendment for Parcel "A" of the Nob Hill/Westwood
Plat. She said the surrounding land uses are as follows: north -
medium -density residential, 11 to 15 dwelling units to the acre,
south -low -density residential, 5 or less to the acre, east -medium -
density residential, west -commercial,
Ms. Carpenter said this Land Use Plan amendment is justified by
the following: 1) The original commercial parcel is too large to
City Council Regular Meeting
6/10/92/KJ
Page 4
accommodate demand by the surrounding residential. 2) The abutting
commercial site fronts on Nob Hill Road and if commercial
development were to occur on this site, it would necessarily front
on Westwood Drive, which would be directly across from developed
single-family. 3) Less than one quarter mile south of this site is
a built commercial parcel which is completely vacant on the
southwest side. 4) All residential parcels north of Westwood Drive
are currently at the density of 11 to 15 dwelling units to the
acre, which is the same as this request.
Ms. Carpenter said this change to the Land Use Plan Map is
consistent with the goals, objectives and policies of the
Comprehensive Plan.
Ms. Carpenter said the Planning Commission unanimously recommended
approval of this application on September 25, 1991. She said the
Council approved this on first reading on October 9, 1991 and it
was then transferred to the State to the Department of Community
Affairs from whom the City has received no adverse comments. She
said Staff recommends approval.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE:
ALL VOTED AYE
11. PUBLIC HEARINQ - on
first reading concerning a request by Pebb Enterprises to
rezone lands on the north side of Westwood Drive, east of Nob
Hill Road, from B-2 (Planned Community Business) to R-4A
(Planned Apartment District). Petition #57-Z-91.
SYNOP IS OF ACTION;
Public hearing was held.
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kraft read Temp. Ord. #1614 by title.
C/M Schreiber MOVED to APPROVE Temp. Ord. #1614, SECONDED by
C/M Katz.
Ms. Carpenter said this is the request for rezoning which
implements the Land Use Plan amendment in Item 10 on this agenda.
She said this is a rezoning from B-2 to R-4A. She said Staff
recommends approval.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE:
ALL VOTED AYE
12. PUBLIC HEABING - on
second reading amending Chapter 11 of the Code by removing
the requirements for obtaining a tree pruning permit by
multi -family and non-residential projects.
SYNOPSIS OF ACTION: ORDINANCE 0-92-30-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1604 by title.
C/M Abramowitz MOVED to APPROVE Temp. Ord. #1604, SECONDED by
C/M Schreiber.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
City Council Regular Meeting
6/10/92/KJ
Page 5
13. PUBLICHEARING ___- MOTION TO ADOPT Tema_ _ Ord, #1570 on
second reading concerning a proposal by the City of Tamarac
to change the use of land described as "Parcel All of the Land
Section 6 South Plat (unrecorded) and located on the
northwest corner of McNab Road and NW 108 Terrace from
Commercial to Low Medium Residential (6-10 dwelling units per
acre) comprising 7.202 acres. Petition #1-LUA-91.
,SYNOPSIS OF ACTION: ORDINANCE 0-92--31-PASSED
Public hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1570 by title.
C/M Schreiber MOVED to APPROVE Temp. Ord. #1570, SECONDED by
C/M Abramowitz.
C/M Katz asked if this is the same piece of property that
Leadership Housing had requested and Council had voted to send
back to Comprehensive Land Use and Ms. Carpenter said, yes.
Ms. Carpenter said this is the final step in achieving Council's
request, which was to change it to residential. She said the
County will need to achieve a certification; however, it is not
likely that it will be rejected based on the fact that it is in
compliance with the Land Use Plan.
Mayor Bender OPENED the Public Hearing.
Jesse Sompolinsky, resident of the Isles of Tamarac, asked if this
will conform to the change made by Leadership Housing regarding
the minimum footage of the apartments.
Ms. Carpenter said the zoning is not on the table at this time.
She said a recommendation will be made at the time of zoning and
is not a part of the Land Use Plan process.
C/M Abramowitz said this was zoned commercial in the past and the
residents had requested it be rezoned residential.
TAPE 2
C/M Abramowitz said this is a change of designation.
Mr. Sompolinsky said this will affect Kings Point and the Isles of
Tamarac, which are inundated with traffic at present.
C/M Katz said when Leadership Housing came up with their original
petition to extend the additional five acres of commercial, he had
quoted portions of the Appellate Court decisions, which said that
even though they owned the property, they did not have the right
to dictate to the legislative body in the City what this
legislative body thought was the best interest of the people
surrounding the area.
C/M Katz suggested at that time that it be returned to the County
Comprehensive Land Use Plan because it did not fit with the area
as residential area. He said Leadership Housing had made a
voluntary stipulation to 800 square feet minimum for everything
that was going to be built there. He said he does not see a
problem with 800 square feet as a minimum.
Mayor Bender CLOSED the Public Hearing with no further response.
VOTE: ALL VOTED AYE
1. PUBLIC -PARTICIPATION (Continued from Page 2)
Bob Thomas, resident of the Isles of Tamarac, requested that
something be done regarding the speeding and water problems on NW
71 Place.
City Council Regular Meeting
6/10/92/KJ
Page 6
Joe Baron, resident, expressed his concerns regarding where the
responsibility lies regarding the development of the area and the
structuring of two entrances on NW 71 Place and the repairs which
need to be done.
Terry Hobmeier, resident of the Isles of Tamarac, said the
drainage on NW 71 Place is a serious problem.
Ms. Hobmeier expressed her appreciation for the closing of the
dead end west on McNab Road near NW 108 Terrace.
Ms. Hobmeier requested that ficus trees and hedges not be planted
in the City due to their requirements of water and suggested that
Xeriscaping is used.
Howard Kleinschmidt, resident, expressed his concerns regarding
the location of the light poles which are going to be installed on
Westwood Drive. He requested the poles be placed on the inner
portion of the curve or possibly placed underground.
C/M Katz requested the feasibility for underground cables be
investigated.
Thomas Van Note, Secretary of the Tamarac Athletic Federation,
expressed his appreciation for the Council approval on May 27,
1992 of Reso. #R-92-84 regarding the Fourth of July celebration.
Mr. Van Note expressed his appreciation regarding the increase of
basketball courts in the City.
2. Items listed under Consent Agenda, Item 2, 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.
a. MOTTQN TO APPROVE the minutes of the following City
Council meetings:
1. 4/30/92 - Special Meeting
ra -;•ITjai
b , MOTION TO APPEOVE, renewal of a model sales and
administrative facility permit for BOARDWALK
APARTMENTS (CONCORD VILLAGE II) in Building 10, Unit
8650, for a six-month period from 6/25/92 to 12/25/92.
C. MOTION TO APERM renewal of a model sales permit for
GREENVIEW APARTMENTS in Building 9, 10000 Nob Hill
Circle, for a six-month period from 7/10/92 to 1/10/93.
d. MOTION TO APPROVE renewal of a permit for the use of a
model sales facility at another location (Kings Point
Professional Plaza) for ASHMONT/KINGS POINT for a
six-month period from 7/27/92 to 1/27/93.
City Council Regular Meeting
6/10/92/KJ
Page 7
1
e. 1. MOTION TO ADOPT Temp. Rescue. #62 955 accepting a
Canal Maintenance Easement and Public Utility
Easement for the WATERS EDGE project.
2. MOTION TO ADOPT Temp. Reso. J„fi297 accepting a
Partial Subordination of Encumbrance to Property
Rights for a Canal Maintenance Easement and Public
Utility Easement for the WATERS EDGE project.
3. accepting a
Tamarac Utilities West Water and Sewer Utility
Easement for the WATERS EDGE project.
4. accepting a
Partial Subordination of Encumbrance to Property
Rights for a Tamarac Utilities West Water and Sewer
Utility Easement for the WATERS EDGE project.
(located on the east side of NW 94 Avenue, south of NW 60 Street)
RESOLUTION R-92-92-PASSED
RESOLUTION R--92-93-PASSED
RESOLUTION R--92-94-PASSED
SYNOPSIS OF AC,ION_ RESOLUTION R--92-95-PASSED
APPROVED 2.e.1, 2.e.2., 2.e.3., and 2.e.4.
f . 1. MOTI41-TO ADOPT Temp. Resg . # f 3Q1 accepting a
20-foot Tamarac Utilities Water and Sewer Utility
Easement for the VGC PARK REPLAT -PHASE I
project (VISUAL GRAPHICS CORPORATION).
2. MOTION TO ADOPT Temp. ResQ. #6302 accepting a
Sidewalk Easement on the north side of Commercial
Boulevard for the VGC PARK REPLAT --PHASE I
project (VISUAL GRAPHICS CORPORATION).
RESOLUTION R-92-96-PASSED
RESOLUTION R-92-97-PASSED
APPROVED 2.f.1. and 2.f.2.
C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED by
V/M Schumann.
VOTE:
ALL VOTED AYE
3• awarding Bid #92-12 in
the amount of $32,092.00 to Florida Blacktop, Inc., for
construction of three (3) basketball courts at TAMARAC
SPORTS COMPLEX - TRACT 27 and AUTHORIZATION to transfer
$4,000.00 from Parks and Recreation Fund Account
142-872-588-99C to Basketball Courts Sports Complex Account
142-650-572-6AP to fully fund this project.
SYNOPSIS OF ACTTOH, RESOLUTION R-92--98-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6303 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6303, SECONDED by
V/M Schumann.
Mr. Kelly said there were four bids on this project and this bid
has the support of the Recreation Board and the Tamarac Athletic
Federation. He said the money is not coming from tax dollars but
City Council Regular Meeting
6/10/92/KJ
Page 8
from Developer/Recreational Impact Fee monies. He said Staff is
anxious to get this project started, recommends approval and the
money is in place.
C/M Schreiber asked if the price of $1,000.00 for the basketball
setups is a normal rate and Mr. Kelly said it was the lowest bid
of all.
Stan Bernard, resident, asked if the courts will be surfaced with
blacktop and Mr. Kelly said they will be Source 3 Asphalt.
VOTE: ALL VOTED AYE
4. on first reading placing
a Charter Amendment on the 9/1/92 ballot changing the terms
for Mayor and Councilmembers from two (2) to three (3) years.
SYNOPSIS OF Arai
APPROVED on first reading. Public Hearing and second reading will
be held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kelly read Temp. Ord. #1609 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1609, SECONDED by
C/M Abramowitz.
C/M Schreiber expressed his opposition to this amendment to the
Charter. He said the longer a term is extended, the more
complacent an elected official gets, which is not in the public's
interest.
C/M Abramowitz said this has been an ongoing situation in the
City. He said there is an election annually in the City of Tamarac
and every year it costs the City money and the City becomes
traumatized for six months prior to an election.
C/M Abramowitz said no legislation is completed due to the
elections and Staff is traumatized. He said this is detrimental to
the residents of the City.
Mayor Bender said the City had retained the services of Carla
Coleman of Florida Atlantic University, who made recommendations
after reviewing the City's Charter as to what she felt needed to
be changed, and this was one of her recommendations.
C/M Katz said the greatest problem historically in the City is
that people have either been negligent in not knowing the
credentials and credibility of the candidates that they vote for
or so apathetic that they listen to the last person that tells
them a name before they enter the polling booth.
C/M Katz said more than the term of office, the problem is not
knowing who the candidates are. He said if the candidate is
credible and has proved himself, the length of the term should not
matter. He said he is going to vote for a three year term, but
requested that the residents of the City take more time to know
who the candidates are, what they stand for, what their
backgrounds are and whether they are wanted in office.
VOTE: C/M Abramowitz - AYE
C/M Katz - AYE
V/M Schumann - AYE
C/M Schreiber - NAY
Mayor Bender - AYE
City Council Regular Meeting
6/10/92/KJ
Page 9
5. MOTION TO ADOPT Tema. Qrd. #1610 on first reading placing
a Charter Amendment on the 9/1/92 ballot providing that the
Mayor and Councilmembers may serve without term limits.
APPROVED on first reading. Public Hearing and second reading will
be held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kraft read Temp. Ord. #1610 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1610, SECONDED by
V/M Schumann.
C/M Schreiber said throughout the United States, the current
movement is to remove long standing members. He said this will not
benefit the public because once a candidate is in, the advantage
of incumbency breeds greed, complacency and everything that is
abhorrent to a public official. He said the Council's job is to
serve the public, not themselves and this a self-serving proposal.
V/M Schumann said this is to be decided by the electorate as to
whether or not they want the unlimited or limited terms.
C/M Abramowitz said it is not easy to do the kind of work that
Council does and take the responsibility of the City. He said this
decision is up to the public and Council is presenting that
choice. He said C/M Schreiber is saying that he does not want this
to go to the public.
Mayor Bender said the original Charter had unlimited terms, which
was changed and the City is trying to revert back to the original
Charter regarding the terms.
C/M Schreiber said the Charter was changed because of somebody who
was not serving the public interest and the only way there was to
remove this person was to limit the terms of office.
VOTE:
C/M
Katz
- AYE
V/M
Schumann
- AYE
C/M
Schreiber
- NAY
C/M
Abramowitz
- AYE
Mayor Bender
- AYE
6• on first reading placing
a Charter Amendment on the 9/1/92 ballot increasing the
Mayor's monthly salary from $400.00 to $600.00 per month and
the Councilmembers' salary from $300.00 to $500.00 per month.
Removed from agenda.
Mr. Kraft read Temp. Ord. #1611 by title.
C/M Katz said he had originally made the suggestion that since
1980, the Council and Mayor had not received a salary increase and
are the lowest paid in Broward County. He said Item #7 on the
agenda, which allows for the Council and Mayor to have an expense
account to utilize for expenses incurred while doing business for
the City.
C/M Katz suggested that Item #6 be eliminated and change Item #7
so that the expense account allotted by the Charter to Council and
Mayor become part of their salary and they pay their own expenses.
C/M Katz MOVED to ELIMINATE Item #6 from the agenda and rephrase
Item #7 so that this becomes their salary and Council and the
Mayor pay their own expenses.
Mr. Kraft suggested Council act on Item #6 and then proceed with
Item V .
City Council Regular Meeting
6/10/92/KJ
Page 10
C/M Abramowitz said the City had been notified by Mr. Markham's
office that there has been a devaluation of the tax structure in
the City by 50 million dollars. He said the City was notified by
Broward County that there is a shortfall in Broward County from
the tax structure of eight million dollars and a shortfall in the
School Board because of the devaluation of 12 million dollars. He
said there is also a shortfall of two million dollars on the
hospital district.
C/M Abramowitz said that money is going to be made up somehow and
it will most likely be by taxes. He recommended that Item #6 be
removed without any conditions.
C/M Schreiber MOVED to ELIMINATE Item #6 in its entirety,
SECONDED by C/M Abramowitz.
VOTE:
ALL VOTED AYE
7, on first reading placing
a Charter Amendment on the 9/l/92 ballot to allow Mayor and
Councilmembers' expenses to be paid in advance with vouchers
to be submitted to the City Clerk at the end of each calendar
year, with any expense money that is not spent on City
related expenses returned to the City.
SYNOPSIS OF ACTION:
APPROVED on first reading as amended removing option of keeping
unspent money as salary. Public Hearing and second reading will be
held on Wednesday, June 24, 1992 at or after 10:00 a.m.
Mr. Kraft read Temp. Ord. #1612 by title.
C/M Katz said he would like to have Item #7 amended so that the
salary structure will include the $2,000 for Council and the
$3,000 for Mayor, which is allowed by the Charter to be included
as part of their salary structure and have them pay their own
expenses.
TAPE 3
Mayor Bender asked if once a Motion is made, if Council has the
right to make recommendations and revisions and Mr. Kraft said,
yes.
V/M Schumann MOVED to APPROVE Temp. Ord. #1612, SECONDED by
C/M Katz.
C/M Abramowitz said it costs the City much more to monitor the
expenses and suggested it not be kept as salary.
V/M Schumann said by doing this, it is moving the accounting
procedures from the City's to the Councilpersons' responsibility
and C/M Abramowitz agreed.
C/M Abramowitz said he has spent very little money from the
expense account.
C/M Schreiber asked why it is necessary and C/M Abramowitz said
the Charter dictates the way the expenses are monitored.
Mayor Bender said under the Records Taws of the State, the reports
must be kept and maintained for a long period of time.
C/M Katz said he had spent approximately $600.00 of his $2,000.00
expense account and spent approximately $1,000.00 of his own
money, but never turned in vouchers.
Mayor Bender said this was researched and the Finance Department
stated that once the money is given to the Mayor and Council, it
is considered salary on which taxes would need to be paid.
Discussion was held regarding previous situations in the City
regarding the monitoring of expenses.
'_J
City Council Regular Meeting
6/10/92/KJ
Page 11
C/M Katz suggested the expense account be eliminated as it
currently is and to issue that money which is prescribed by the
Charter and incorporate it as salary for expenses.
C/M Abramowitz requested that the legal status of this be referred
to.
Mayor Bender asked if the suggestion being made is legal and Mr.
Kraft said if there is a suggestion that the original Motion be
amended to conform with this, then a Consensus of Opinion is
needed.
C/M Katz MOVED to REVISE the original Motion to eliminate from
Section 4.02 all mention of expense to increase the salary
structure in Section 4.02 to accommodate the $2,000 for Council
and $3,000 for Mayor, allotted in the budget and allowed by the
Charter and there be no expense and no accountability, SECONDED
by V/M Schumann.
Mr. Kraft said the proposal is to change the expense money to
salary.
VOTE: C/M Schreiber - NAY
C/M Abramowitz - NAY
C/M Katz - AYE
V/M Schumann - NAY
Mayor Bender - NAY
C/M Abramowitz MOVED that rather than it read as follows, "Any
expense money that is not spent on City related expenses returned
to the City or kept as salary by the Mayor or Council at their
option", that this statement be changed to have a period at the
end of the phrase, "returned to the City." and the remainder of
the statement be eliminated, SECONDED by V/M Schumann.
Mr. Kraft reread the title of Temp. Ord. #1612 with the
revisions.
C/M Schreiber said the expense compensation paid in advance
becomes salary and C/M Abramowitz said it is not salary, but the
method by which the vouchers are monitored is changed.
C/M Katz asked how this would be handled without a voucher and V/M
Schumann said the money would be available in advance.
Mr. Kraft said it would be paid on a monthly basis.
VOTE: ALL VOTED AYE
14. City__ Council
V/M Schumann - No report.
C/M Katz expressed his appreciation for everyone's good thoughts
while he was ill.
C/M Schreiber expressed his concerns regarding the
concession/restroom facility at the Sports Complex being completed
for the Fourth of July.
C/M Abramowitz said the Broward League of Cities, of which he is
the First Vice President, is an organization made up of all 28
cities in Broward County. He said there will be a meeting held on
June 17, 1992 at 1:00 p.m. regarding the Broward County Resource
Recovery situation. He said trash collection, recycling and the
backflow preventers will be discussed.
City Council Regular Meeting
6/10/92/KJ
Page 12
C/M Abramowitz read the accusations and questions by Nathan
Peretzman, resident, regarding the Medics Ambulance Service in an
attempt to respond to them. He said he has never had any
relationship with Medics Ambulance Service or its owners other
than in the course of his duties as an elected official. He said
he has no financial interest in Medics Ambulance Service. He said
the City had a contract with Medics Ambulance Service prior to his
taking office, which is an administrative matter not handled by an
elected official.
C/M Abramowitz said Broward County is the agency which dictates
that the City must use Medics Ambulance Service as a provider for
those services. He said Broward County keeps detailed daily and
monthly records which are provided to the Tamarac Fire Department
in order to monitor the ambulance service.
Mayor Bender -- No report.
No report.
Mr. Kelly said the containers for Phase II of the multi -family
recycling during the weeks of June 15 and June 24, 1992 will be
delivered. He said these units include those condos east of Pine
Island Road which have not been serviced. He said letters of
notification have been mailed out and the recycling efforts will
begin during the week of July 6, 1992.
Mr. Kelly said the City received a grant for the beautification of
Nab Hill Road in the amount of $39,634.00. He said the City will
be providing irrigation and curbing for this.
Mr. Kelly said the application for beautification for the
Boulevards was not approved by the County.
Mr. Kelly said the FP&L pole lines in the Westwood Community have
been discussed between the City, FP&L and Lennar Homes. He said it
was agreed that the poles did not belong on the south side of the
street and their engineers would reevaluate the situation this
week. He said there are going to be ten poles on the north side of
the street.
Mr. Kelly said that Marty Riefs of Lennar Homes has requested that
the City support having street lights placed on the FP&L poles to
assist them as a selling point and he had instructed that Lennar's
people review this situation for spacing of the lights.
C/M Schreiber requested that the possibility of underground wiring
be researched and Mayor Bender agreed.
Mr. Kelly said the Fire Department is holding air evacuation
training sessions.
Mr. Kelly said there will be a workshop meeting on June 16, 1992
at 1:00 p.m. regarding the possibility of utility rate increases.
He said there will be a Public Hearing held on June 19, 1992 at
2:00 p.m. regarding this.
Mr. Kelly referred to the increases from Broward County. He said
the City lost 49 to 50 million dollars for next year's valuation.
He said the monies that the City had counted on from the previous
year as a total tax base for the City has been reduced by 49
million dollars. He explained the valuation process. He said the
City will not have, for the balance of this fiscal year,
$150,988.00 which was counted on to come into the City. He said
the County bases this on approximately 96%. He said the City
budgets 95%, which is the more conservative approach.
City Council Regular Meeting
6/10/92/KJ
Page 13
Mr. Kelly said Governor Chiles has made some proposals for
additional taxes on City services, such as the State to tax the
City Recreation fees a 5% State Sales Tax on admissions to
athletic or other events, including fees that recreation
departments charge for golf, tennis and other such activities. He
said there is a proposal to tax the City's utilities which
includes a 5% sales tax on all non-residential water, sewer and
solid waste billings as well as water and sewer connections.
Mr. Kelly said the City has been asked to respond by Friday, June
12, 1992 regarding the Materials Recovery Facility, including a
survey as to whether the City is willing to commit the recyclables
to the Broward County Material Recovery Facility. He said until
the meeting is held, no one is in a position to respond to this.
Mr. Kelly said a report regarding the drainage issue at NW 71
Place will be handed out to those interested.
TAPE 4
He said the costs range from $190,000.00 for swales up to
$430,000.00 and rather than delaying this, he suggested the
representatives need to review this and acknowledge that with the
economic straits that the City is facing, it will be difficult to
address some of these matters in the upcoming year.
With no further business, Mayor Bender ADJOURNED this meeting at
9:10 P.M.
BENDER
MAYOR
CAROL A. EVANS
CITY CLERK
CITY OF TAMARAC
APPROVED AT MEETING Of F-~ I a - 9 9-