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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. 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. 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 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 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 City Council Regular Meeting 6/10/92/KJ Page 5 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. 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. 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. City Council Regular Meeting 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 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 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 F� 1 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 . 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. 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� 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. 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-