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Home My WebLink About1991-06-12 - City Commission Regular Meeting Minutes@x- - �� ۥ Av�v �( � �� 5� 5: � �@ � � �� 4 C ITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 12, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, June 12, 1991 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Henry Schumann Councilwoman Diane Glasser Councilman Irving Katz ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation for a speedy recovery for Fire Chief Ray Briant. ****************************************************************** Public Services 2. d. MOTION TO APPROVE a Water and Sewer Developer's Agreement for the TRENT (formerly THORNBY) project at KINGS POINT. SYNOPSIS OF ACTION: TABLED to the City Council meeting on Wednesday, June 26,1991. V/M Bender MOVED to TABLE Item 2.d. to June 26, 1991, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 6. a. MOTION TO ADOPT Temp. Reso. #6063 approving a plat entitled LAND SECTION 6 - SOUTH PLAT. b. MOTION TO ADOPT Temp. Reso. #6064 approving Development Order #277 and associated documents for LAND SECTION 6 - SOUTH PLAT.(located between the Sawgrass Expressway and NW 108 Terrace, 1347-feet north of McNab Road)(tabled on 5/22/91) SYNOPSIS OF ACTION: Removed from the Agenda. C/M Katz MOVED to REMOVE Item 6.a. and 6.b. from the Agenda, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE General Administrative 3. MOTION TO APPROVE payment of bill in the amount of $29,054.47 from Holland & Knight, Special Counsel for referendum litigation (tabled on 5/22/91). SYNOPSIS OF ACTION: TABLED to the City Council meeting on Wednesday, June 26,1991. C/W Glasser MOVED to TABLE Item 3 to June 26, 1991, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 15. MOTION TO ADOPT Temp. Reso. #6079 amending R-91-79 which requested the Broward County Traffic Engineering Division to investigate the need for reducing the speed limit from 30 miles per hour to 25 miles per hour to correct a scrivner's error by changing "NW 71 Street" to "NW 71 Place" from NW 108 Terrace to Nob Hill Road. SYNOPSIS OF ACTION: Agendized by Consent. Final action on Page 17. V/M Bender MOVED to ADD Item 15 to the Agenda, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE C/W Glasser said some of the merchants in the area have received large trash bills and would like to add this to the agenda and Mayor Abramowitz suggested this be discussed at a workshop meeting. C/W Glasser said there is a Code problem. She said they have to have six pickups per week even when it is not necessary. Mayor Abramowitz said he has been complimented on the fact that Tamarac is the only City which forces the restaurants to have six pickups per week which discourages rats and other pests. He said he does not feel Council is equipped to address this at present. C/W Glasser said the situation is that these merchants need summer relief at present and Mayor Abramowitz said Council is not able to take action on this at the present time. V/M Bender suggested Council show an expression of interest and all agreed. C/M Katz said Council should direct City Manager Kelly to review the Codes which pertain to this. Mayor Abramowitz said Steve Oxenhandler, Director of Developmental Services, is charged with the implementation of the Code for the City. He said Council makes Code changes. EXPRESSION OF INTEREST: ALL AGREED Mayor Abramowitz said he received a call from a group of ladies in Tamarac, the National Council of Jewish Women, the University Day Branch, who have raised some money and would like to donate it to the City. He said he had suggested that they may want to contribute some money to help a Partial Scholarship for the Summer Recreation Program. Mrs. Earla Lapinski, President of the National Council of Jewish Women, presented Ed Doyle, Parks and Recreation Operations Manager, and Lauren Scott, of Parks and Recreation, with a check for $750.00 to the City of Tamarac for aid to the Partial Scholarship Fund for the Summer Recreation Program. RESOLUTIONS Building Department 4. MOTION TO ADOPT Temp. Reso. #6075 granting a waiver to the provisions of the Code governing signs to allow the words "Physical Rehabilitation" on a storefront sign for Dr. Joseph Dieuvil in MIDWAY PLAZA. FINAL ACTION: RESOLUTION R-91-107-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6075 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6075, SECONDED by V/M Bender. City Manager Kelly said the Petitioner requested that the word "Rehabilitation" be permitted on his sign instead of the abbreviation "Rehab". He said the word exceeds the number of letters or information permitted by Section 18-53 of the Code. He said the Petitioner feels that there is a connotation that the doctor's office deals with drug patients and the true fact is a rehabilitation in sports medicine. He said the Building Department must deny this based on the Code; therefore, it is being referred to Council. VOTE: ALL VOTED AYE PUBLIC PARTICIPATION 1. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Walter Rekuc, resident, said he and a number of residents have called upon City Hall to review the conditions on NW 53 Street and NW 22 Avenue. He said he had taken past Councilmember, Bruce Hoffman, to the area and no action has been taken. He said he has made appointments with City Manager Kelly and the Building Department to review the area. He said he has since conveyed his findings to Jo Forti, of Code Enforcement, and Steve Oxenhandler, Director of Developmental Services, and complimented them for their findings and action taken. Mr. Rekuc said the problems are: a man has found residence in a warehouse, has installed plumbing without a permit, operated grocery cart cleaning without an occupational license, operated a security service without an occupational license, used a warehouse to store inventory, installed a fence without a permit, has two German Shepherds are running loose in the neighborhood, keeping dogs in a warehouse under unsanitary conditions, and other situations. He complimented the work that has been done for this. Mr. Rekuc said it is the responsibility of the Council to the taxpayers to improve the City. He said he has taken City Manager Kelly to Woodlands to view the rapid deterioration of the roads. He said in one area the road has been repaired nine times. He suggested City Manager Kelly and the Council inspect the area with him. He said he feels the workmanship reflects poor job knowledge in Public Works. He suggested the City hire people who know how to do the work properly. He said there has been no action on the parking on vacant land issue. Nathan Peretzman, resident, referred to a letter from the State Attorney's office to Mayor Abramowitz, City Manager Kelly, and City Attorney Ruf regarding the Public Records Law, Chapter 119 of the Florida Statutes. He requested unlimited access to any part or all of the ambulance records. He said Florida Statutes, Chapter 119, provides that the described public records shall be available for inspection and copying. Mr. Peretzman requested the records from Accounts Receivable, April 1, 1990 to September 30, 1990 and trip books, April 1, 1990 to September 30, 1990. He said he intends to inspect records every morning from 10:00 a.m. through 11:30 a.m. He said he will contact the City Manager's Office daily to find out if the books are available. Mr. Peretzman asked why the City transferred five million dollars on December 14, 1990 without a Resolution. He asked if the Mayor and City Manager violated Section 6, Paragraph 27 of the Tamarac Code. He said the investment of City funds shall be the responsibility of the Council and the City transfers shall be established by Resolution. He said Section 6, Paragraph 28 refers to wire transfers. He said Section 6, Paragraph 29 refers to investment reports. He said he does not remember seeing any Finance Director giving the public the investment reports. He said he expects direct answers to these questions by letter within a reasonable time frame. Sophie Beyer, President of the Boulevards Civic Association, said she attended this meeting to complain about the medians; however, C/W Glasser said they would be taken care of. She asked when Council will be able to locate the money to steam clean the sidewalks on the median strips. Mayor Abramowitz invited everyone to the upcoming budget meetings to hear the determinations of the tax figures. He said beautification is Number #1, but the only thing that takes precedence over beautification, is the ability to have the money to perform. Ms. Beyer said the City has been waiting 24 years for this. She said the residents are paying a lot of taxes and she feels the Boulevards is entitled to have some action taken on this matter. Mayor Abramowitz said everything has to be placed on a priority system. He said it takes time to handle everything that needs to be done in the City. He said there was a problem with helicopters in this section of the City and it was handled quickly. He said he received a call from the airport and a meeting is being set with the FCC to handle the rest of the problem. Ms. Beyer said there is a problem of flooding in the Boulevards when torrential rains occur. She asked why the City does not take care of this. Ms. Beyer said the garbage rates have been raised considerably. She asked about the garbage bag consideration and City Manager Kelly said he feels the garbage bag concept may resurface as the bills go higher. He said Waste Management is not under obligation to negotiate while the City has a 5 year contract. (Discussion continued on Page 10.) Mayor Abramowitz RECESSED and RECONVENED this meeting at 7:35 p.m. with ALL PRESENT. PUBLIC HEARINGS - 7:30 P.M. General Administrative 10. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1547 on second reading amending Section 6-35 of the Code revising charges for reprints, photocopies and/or duplication of public documents. FINAL ACTION: ORDINANCE O-91-23-PASSED APPROVED on second reading. City Attorney Ruf read Temp. Ord. #1547 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1547, SECONDED by V/M Bender. City Manager Kelly said this is changing the existing Ordinance to provide for additional fees for public records and documents requested in accordance with the State Statutes, which permits the City to enforce such charges. He said the main thing is to charge $.15 per one-sided copy. He said often times, the City has been doing them free for the first 19 copies and what has been noticed is a group of people will come in and the first person will get the first 19 pages and another will follow to get the next 19 pages and so forth. He said the City is trying to get reimbursed for the documents. He said this is the second reading on this Ordinance and Staff recommends approval. Walter Rekuc, resident, said it is important that the taxpayers have accessibility to some of the records to locate the fraud and mismanagement that has been experienced within the City in the past. He said he feels there should be a charge of $.10 per copy which would be reasonable. VOTE: ALL VOTED AYE 11. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1549 on second reading to create the position of Director of Public Services Department. b. MOTION TO ADOPT Temp. Reso. #6078 creating a pay plan for the position of Director of Public Services Department. c. MOTION TO APPROVE the City Manager's appointment of Michael R. Couzzo as the Director of the Public Services Department. ORDINANCE O-91-24-PASSED FINAL ACTION: RESOLUTION R-91-142-PASSED 11.a. Public Hearing held and APPROVED on second reading. 11.b. APPROVED 11.c. APPROVED with the condition that there will be a six-month and 12-month review. 11.a. City Attorney Ruf read Temp. Ord. #1549 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1549, SECONDED by C/W Glasser. City Manager Kelly said is the second reading on his proposal for the reorganization of some of the departments by providing a Public Services Department and a Director of Public Services. He said the position of the Director of Public Services would be established by this and that person would be responsible for the overall organization of administration in coordination with the Public Works Department, Utilities Department, Engineering, and the Parks and Recreation Departments in the City. City Manager Kelly said he feels this is an appropriate position and is part of the streamline reorganization that the City is looking for and is cost efficient. Stan Bernard, resident, asked if this is something new or is this service being performed at present. City Manager Kelly said the Utilities Director position and the Public Works Director position have been eliminated and consolidated into one. Walter Rekuc, resident, said a recommendation was made by a Public Accountant several years ago to separate the Public Works and Recreation Departments. He said he feels this has a lot of merit because the people who are the most knowledgeable about recreation and the upkeep of parks and grounds are not the same people who do Public Works functions. Mr. Rekuc said he feels the consolidation has some merit if there is a registered engineer in charge. He said there are some poor operations and workmanship in the City at present. He said he feels the City needs to be upgraded. He said the City should have a registered engineer on Staff when combining these functions. Joe Schreiber, resident of Kings Point, asked how much more will the changeover cost the taxpayers and if Mr. Couzzo is qualified for the type of work he will be doing. City Manager Kelly said when Mr. Foy retired, he was the Director of Utilities and Engineering. He said the City has three capable engineers within the City who are Kline Jones, Pete Procopio and Gordon Sparks. He said Mr. Couzzo's function is to be the Administrative Overseer/Coordinator of Engineering and Utilities. Mr. Schreiber said the title "Director" means the individual is in charge and everyone under that individual has to take orders from the Director. He asked how Mr. Couzzo can direct engineers if he is not an engineer to carry out functions. He suggested Mr. Couzzo be titled an "Administrator". TAPE 2 Mr. Schreiber said it is incumbent upon the Council to investigate the roadwork being done by Public Works because the Council has an obligation to the people in the City that the City departments function properly. V/M Bender said he had originally requested this new position be reviewed every six months for the first year to be sure that it is an appropriate and warranted position for the City. He said he does not see such a provision in this Ordinance. City Manager Kelly said Council gave specific direction for this type of review; therefore, there was no need to add this into the Ordinance. He said Council requested the six month and annual review for the reorganization which includes this step of the reorganization process. C/M Katz said he feels the City had less communication between departments in the past. He said he feels there may have been some jealously between the Engineering and Public Works Departments where the same job had to be done such as on a new installation and in maintaining the installation afterwards. He said he feels that having an Administrator for these departments brings them together. He said he feels that if the City Manager and the Administrator feel that the City needs an additional professional to supervise a particular situation, it would be part of his job. He said he feels it is the job of the City Manager to make sure that the proper people are hired under the Administrator's province and it is the Council's jurisdiction to make sure that the City Manager does his job sufficiently. C/W Glasser said she would feel more comfortable if it specified in the Ordinance the requirement for a six month and annual review. City Attorney Ruf said this can be attached to Item 11.c. which is the appointment; therefore, Council will not clutter the Code which sets up the departments, so that this will be a requirement in the future. Mayor Abramowitz said when the City holds the annual budget hearing, the attendance is high and there are requests not to raise the taxes. He said one year ago, the City was aware that there was an economic problem coming up and City Manager Kelly began a reorganization plan. He said there are only three solutions to an economic situation which are either to cut services, raise taxes or have mass layoffs. He said up until this year the City had six men cutting six million square feet of grass in the City every month. Mayor Abramowitz said the residents are entitled to have the grass cut in the City and any other public repairs. He said the City has less people on the payroll than in the past years. He said in a recent meeting there was an item on the agenda referring to the condition of City vehicles which needed to be replaced. He said he does not feel that Mr. Couzzo could be in charge of Utilities or Engineering, but is an Administrator. He said this change will save the City a minimum of $60,000.00 per year. Mayor Abramowitz said he has had residents complain about the type of buildings the City has for the Public Services Complex. He said the Council was trying to spend the taxpayers money wisely by building two functional buildings. He said the Administrator will be able to handle the Staff, vehicles and all things that should be done by an administrator. He said he feels this is a sensible and wise move. Walter Rekuc, resident, said the City should save $150,000.00 with the right people employed. He said the Public Works position required a civil engineer and Mr. Couzzo is not a civil engineer. He asked why the City cannot get the qualifications that are set. He said there are technical people leaving the City because the City is not treating them properly. Sophie Beyer, resident, said there is a Public Works employee who rides along in his truck while the other is blowing the grass back onto the median. Mayor Abramowitz asked why she had not reported it and Ms. Beyer said she had spoken to this person and he responded about his overtime. Mayor Abramowitz said when a resident sees something he feels is incorrect, contact the City Manager, City Attorney, the Mayor or one of the Council members. He said they should not confront the employee. Ms. Beyer said this happened one week ago and that is why she is present at the meeting. C/M Katz asked what the date and time was and Ms. Beyer said it was two weeks ago this coming Saturday. C/M Katz said this will be investigated. Joe Schreiber, resident of Kings Point, recommended the title be changed from "Director" to "Administrator". Mayor Abramowitz said he has enough confidence in the decisions of City Manager Kelly. Terry Hobmeier, resident of the Isles of Tamarac, said she has been involved in City Council meetings for 20 years and has been dealing with departments in the City of Lauderhill for many years. She said if there is a complaint about an employee, it should be made to the Department Head and not discussed with the employee involved. City Manager Kelly said the City needs a chain of command. He said Mr. Couzzo needs to have the proposed line of authority in order to make it work properly. He said Mr. Couzzo is the Director and it will be reviewed. C/M Schumann asked who will be doing the actual administration within this chain of command and City Manager Kelly said Mr. Couzzo is the Administrator. City Manager Kelly said Mr. Couzzo will be able to direct the people in the Fleet and in the Utilities to coordinate and oversee their activities. He said each person appointed will have their own, independent functions and it will be reported to him through Mr. Couzzo. He said no one individual person can physically handle everything going on in Recreation, Public Works and Utilities. He said those individuals are capable to handle independent functions responsibly. He said Mr. Doyle will be handling more responsibilities for the Recreation Department, Mr. Levine will be handling the Public Works Department. He said he feels the title of "Director" is important in Mr. Couzzo's position. VOTE: ALL VOTED AYE City Manager Kelly said the City Attorney advises that Items 11.b. and 11.c. are not part of the Public Hearing and should be revisited after the Public Hearings are completed. (See Page 15) Community Development 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1536 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 2.202 acre parcel on the northeast corner of McNab Road and the Sawgrass Expressway from R-3U (Row House) to B-1 (Neighborhood Business) to conform to the Broward County Land Use Plan. Petition #17-Z-91 (Public Hearing tabled on 5/22/91) FINAL ACTION: Public Hearing held. APPROVED on first reading. Second and final reading will be held on Wednesday, June 26, 1991 at 10:00 a.m. Community Development to initiate Land Use Plan amendment from commercial zoning to residential zoning. City Attorney Ruf read Temp. Ord. #1536 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1536, SECONDED by C/W Glasser. Mike Vonder Meulen, Senior Planner, said this is Case #17-Z-91. He said the parcel is located on the northwest corner of Nob Hill Road and NW 108 Terrace. He said the Staff's Findings of Fact are that the applicant is requesting to expand the corner which is already zoned commercial. He said the applicant is in the process of platting this parcel as well as some of the residential land to the north. He said a preliminary plat has been approved by the Planning Commission and will be presented to Council at an upcoming meeting. Mr. Vonder Meulen said the expansion of this commercial parcel is consistent with the City and County Land Use Plans. He said Staff recommends approval based on this zoning to conformity. C/M Katz said on two previous occasions he had submitted that this parcel should not be zoned commercial. He said he feels that it should go back to the Comprehensive Land Use Plan for an amendment. He said under the advice of City Attorney Ruf, he has to vote to have the parcel rezoned. He said by Law he has no alternative. He said the City was given 60 days to approve it; however, he suggested that steps be made to amend the Comprehensive Land Use Plan. He read the following: 1. The area should not be zoned commercial because the immediate areas are all residential, even those areas that were just rezoned. After the City's Land Use Plan is certified, the City can use Broward County's rules of flexibility to amend the Plan if Council decides to submit to the County for a change in the Land Use Plan. 2. The rules allow the amendment from commercial to residential and based on his calculations using their formula of area within any flood zone, comes to about 7 acres, which is what Council is dealing with here. 3. The land use designation was residential on the Tamarac Land Use Plan of 1975. A portion of the parcel was rezoned to B-1 in 1976, which was not in conformance with the Plan as it existed in 1975. This commercial designation was reflected on the Tamarac Plan in 1979. Directly south of this parcel are 350 acres of industrial designating up to 20% can be used for commercial if it were necessary. Less that 1/2 mile west of the Sun Island Plaza, which is designated commercial on the City and County Land Use Plans, it is zoned B-2 and B-3 and it is almost all vacant. There are four commercial parcels, only one of which is developed, Point Plaza, along Nob Hill Road between McNab Road and Southgate Boulevard which conserve a residential area. 108 Terrace does not align with the streets that are south of McNab Road and turns into 80 Street. 108 Terrace is intended to be a local street serving a residential area. C/M Katz said nobody that has been contacted anticipates an interchange at McNab Road and the Sawgrass Expressway, which could be the only reason that a B-1 zone could exist in that particular area. He said those are his reasons for requesting that the motions be made to amend the Land Use Plan. City Attorney Ruf recommended Council go forward with the Public Hearing on Item 12 and if there is business after that, it be done by way of recommendation. Terry Hobmeier, resident of the Isles of Tamarac, said the Sawgrass Expressway is at this location and is a source of noise and to have this shopping center there would be another source of noise. She said the property diagonal to the shopping center on the corner of McNab Road and Nob Hill Road is almost completely empty. She said she would rather see these stores filled than to have another shopping center. Ms. Hobmeier said she has been living in the area for approximately one and a half years. She said there is at least 100 vehicles that speed through that portion of McNab Road thinking that there is an entrance to the Sawgrass Expressway and then make a U-turn. She said she feels that having a shopping center will cause a bigger safety problem. Florence Bochenek, resident, said she agrees with what C/M Katz has recommended to Council. She said the City has innumerable shopping centers completely empty and the Isles of Tamarac joins the property proposing to be rezoned. She asked why Council would want to devalue these homes. She requested Council give this rezoning a great deal of thought to maintain this parcel as residential property. Joe Schreiber, resident of Kings Point, said he understands C/M Katz' reasons which are valid. He said he has expressed his opinion that he was opposed to the change. He said to change this 2.202 acres would add to the current 5 acres and would make it more valuable to the applicant. He said the intent of the applicant is to sell the property. He said he does not believe that the County Land Use Plan specifically states that the 2.202 acres has to be commercial as well. C/M Katz said his point was to change the entire 7.7 acre parcel to low density residential. Mr. Schreiber expressed his concern regarding McNab Road being opened as another entrance to the Sawgrass Expressway. Susan Motley, Attorney for Ruden, Barnett, representing Leadership Housing, Inc., said this parcel needs to be rezoned to a commercial designation in order to plat this property. She said the plat was initiated in August, 1990, and Leadership Housing, Inc., is seeking the least intensive commercial category in the City and it is adjacent to another 5 acre B-1 use. She requested approval for this rezoning. VOTE: C/M Katz - AYE C/M Schumann - AYE C/W Glasser - NAY V/M Bender - AYE Mayor Abramowitz - AYE C/M Katz MOVED to APPROVE that City Manager Kelly direct Community Development to initiate a local Land Use Plan amendment changing the designation from commercial to low-medium density residential, SECONDED by V/M Bender. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS PUBLIC PARTICIPATION 1. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. (Continued from Page 4.) Joe Schreiber, resident of Kings Point, said during the Special Council meeting on May 28, 1991, Council passed the increase of the garbage rate. He said he feels the public notice was not prompt because on Friday, May 24, 1991, at approximately 1:30 p.m., there had been no notice on the bulletin board. He said the notice was put up late Friday afternoon and City Hall was closed for the long weekend. He said the public did not have awareness to attend this meeting which is very important regarding the rate increases. Mr. Schreiber said he feels Waste Management is not entitled to an increase until October 1, 1991 for the tipping fees and other items per the contract. He said he feels the City should not comply based on the Broward County Resource Recovery Board's calculations. He said he read in an article that some of the cities are not going to implement their increase until October 1, 1991. TAPE 3 Mr. Schreiber said he feels there are many things in the contract with Waste Management that are not being done. He said the City does not know how much tonnage is being picked up in Tamarac; therefore, the City does not know if the charges are accurate. He said he feels Waste Management is in violation of their contract if they do not give the City the tonnage amount. He said he feels it is incumbent upon Council to direct City Manager Kelly to have Waste Management comply and provide the City with these figures. Mayor Abramowitz said this increase did not originate with Waste Management. He said the cities signed the contract with Broward County to sign up for the incinerator facility several years ago which stipulated that on June 1, 1991, the increase would occur. He said the City attempts to notify the residents as soon as possible about the meeting times. He said Waste Management has been asked several times about the amount of tonnage that is generated in the City and they respond that they do not pick up by cities, but by routes. He said every City who signed the contract is being increased at this time. He said there are some cities that have a utility tax and are taking it out of their ad valorem and their General Fund to pay for two or three months and will be increased in August, 1991. He said Tamarac has one of the lowest waste removal fees. V/M Bender said the City does not know how much tonnage is picked up or how Waste Management establishes their rates. He said the City was told that the rate is predicated on an average based upon a number of cities. He said some of the cities have residences with families of more than two which generate more trash. He said Tamarac has an average of two per family. He said he cannot understand why Tamarac should be subsidized in other cities. V/M Bender said City Manager Kelly sent a letter to the Broward League of Cities to get as many cities to support the position of subsizing to go to the United States Attorney General and request that this matter be investigated. He said he feels the City wants to know from the Federal Government what the options are. Mr. Schreiber said he feels Waste Management is in violation of the Sherman Anti-Trust Act and they should be investigated. C/M Katz said he has suggested that the notices of meetings and other public functions be placed on the Kings Point Bulletin Board television station. Mr. Schreiber said Council has established a Plan Adjustment Review Committee and they are revising site plans. He said they have acted on revisions that have been approved by the Council. C/M Katz said he is the liaison to that Committee and that is not true. Mayor Abramowitz said the Plan Adjustment Review Committee is revisiting and making recommendations to Council on many portions of the Code. Terry Hobmeier, resident of the Isles of Tamarac, expressed her appreciation for the repairs to the drainage at the entrance and exit from grass to asphalt which is an improvement. She said the landscaping on NW 108 Terrace and NW 71 Place in the median is nearly all dead. She suggested that xeriscaping be placed in this median. Ms. Hobmeier said she would like to see the continuation of street lighting on NW 108 Terrace from NW 71 Place be followed through to McNab Road. Ms. Hobmeier said she feels the Builder's Sidewalk Fund should be for City streets so Tamarac would not have to pay for City sidewalks. Ms. Hobmeier said she feels there should be a committee to listen to the problems and grievances of personnel in the City. Rand Salior, resident, said he would like to inform the City of some questionable sales practices by Continental Cablevision. He said Continental Cablevision is having their field sales people unilaterally turning on the cable service to non-subscribers without any prior request or consent by the consumer to receive the cable service. He said Continental then resorts to high pressure, in person and direct mail sales pitches to get one to agree to pay for the cable services. Mr. Salior said Continental Cablevision places doorhangers throughout the neighborhoods to the effect that the cable service has been turned on by mistake, when in fact it is simply a scheme to force people to get the cable service. He said having a person's cable service activated that is hooked up outside, when not being a subscriber of record, is a crime of both State and Federal Law. Mr. Salior said the Florida Law provides a minimum civil penalty of $1,000.00 of liquidated damages if the cable is permitted to be hooked up. He said by permitting sales people to turn on the cable service, Continental Cablevision is exposing consumers to this civil penalty and possible criminal prosecution. He said cable service is not like electricity where there is a meter to report the quantity being used. He said there is no way to prove whether or not the consumer was using the product. He said there is no legal authority for the company sales tactics under the Cable Communications Policy Act of 1984 and the City is clearly unauthorized to regulate or prohibit such sales practices. Mr. Salior said Section 7 of the City's Cable Ordinance #73-36, under which Continental Cablevision prohibits the cable company from subjecting any person to any disadvantage or prejudice. He said he feels it is disadvantageous and prejudiced to hook up the consumer on their own initiative and making the consumer use their own time and effort to have it disconnected and not billed for the service. Mr. Salior said he has had this happen to him personally, and he has attempted to address this matter unsuccessfully with Continental Cablevision short of litigation. He said they have claimed, through Council, that these tactics are authorized by the bulk agreements in areas such as apartments and condos. He said through research in the public records, he has found that Continental Cablevision has never negotiated with Council as to terms of the franchise in the City. He said American Cable Systems was purchased by Continental Cablevision in 1988 and the franchise was extended in 1986 for 10 years. He said he feels that there was a violation of the Cable Communications Policy Act because there was no public notice or public hearing of that extension of the franchise. He requested Council consider and review this information. Mayor Abramowitz asked that Mr. Salior discuss this with City Manager Kelly. V/M Bender requested Mr. Salior make an appointment with him for discussion. C/M Schumann said there is an ongoing State's Attorney case against Astora Cable at the present time. CONSENT AGENDA 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. City Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 4/10/91 - Regular Meeting 2. 4/24/91 - Regular Meeting 3. 5/01/91 - Special Meeting 4. 5/08/91 - Regular Meeting FINAL ACTION: APPROVED b. MOTION TO APPROVE 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 6/25/91 to 12/25/91 (tabled on 5/22/91). FINAL ACTION: APPROVED c. MOTION TO APPROVE renewal of a permit for the use of a model sales facility at another location (Kings Point Professional Plaza) for ASHMONT for a six-month period from 7/27/91 to 1/27/91. FINAL ACTION: APPROVED e. 1. MOTION TO ADOPT Temp. Reso. #6070 accepting a bill of sale for the water distribution and sewage collection system improvements for the GRANVILLE PHASE I project. 2. MOTION TO ADOPT Temp. Reso. #6071 releasing Letter of Credit NY- 0858-30006713 in the amount of $79,594.00 posted for the water distribution system improvements at GRANVILLE PHASE I project subject to receipt of a one-year warranty bond in the amount of $23,378.80. 3. MOTION TO ADOPT Temp. Reso. #6072 releasing Letter of Credit NY- 0858-30006711 in the amount of $19,119.00 posted for the sewage collection system improvements at GRANVILLE PHASE I project subject to receipt of a one-year warranty bond in the amount of $8,111.60. RESOLUTION R-91-104-PASSED RESOLUTION R-91-105-PASSED FINAL ACTION: RESOLUTION R-91-106-PASSED APPROVED e.1, 2, and 3 V/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE Community Development 5. MOTION TO ADOPT Temp. Reso. #6073 approving a revised site plan and covenant reflecting a storage building addition at BERMUDA CLUB on the northeast corner of NW 64 Avenue and NW 57 Street. FINAL ACTION: RESOLUTION R-91-108-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6073 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6073, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE General Administrative 7. MOTION TO ADOPT Temp. Reso. #6074 revising the fees to be charged for use of the Municipal Parking Lot at 5510 NW 22 Avenue. FINAL ACTION: RESOLUTION R-91-109-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6074 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6074, SECONDED by C/M Schumann. City Manager Kelly said the old fee was $20.00 per month with a provision that if someone prepaid their bill, two months were deducted from their bill. He said the fee was raised to $30.00 per month, but the incentive to prepay the bill was inadvertently deleted. He said this revision is to allow the two month free provision. C/M Schumann asked what the City's liability is on the parking lot if someone breaks into the enclosure and vandalizes these vehicles. City Attorney Ruf said there may be some obligation on the City's part due to being the landlord. C/M Schumann asked if the City has a hold harmless agreement to protect the City and City Manager Kelly said there is a hold harmless agreement as one of the standard provisions. Mayor Abramowitz requested a copy of the lease be sent to C/M Schumann for review. VOTE: ALL VOTED AYE 8. MOTION TO ADOPT Temp. Reso. #6076 authorizing the City Manager to apply for financial assistance from the Florida Department of Agriculture and Consumer Services for the development of a demonstration tree planting project on Nob Hill Road in the amount of $20,000. FINAL ACTION: RESOLUTION R-91-110-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6076 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6076, SECONDED by C/M Katz. C/M Katz asked if this is a matching grant and City Manager Kelly said, yes. VOTE: ALL VOTED AYE Public Services 9. MOTION TO ADOPT Temp. Reso. #6077 providing for the elimination of a maintenance worker part-time position and a maintenance worker/assistant site director part-time, temporary position within the Public Works Department and providing for the creation of a maintenance/fitness coordinator position within the Public Services Department. FINAL ACTION: TABLED for more information. City Attorney Ruf read Temp. Reso. #6077 by title. City Manager Kelly said the City has a part-time employee working at the Multi-Purpose Center for assistance in the Fitness Room. He said this part-time employee works 25 hours per work with half benefits at the rate of $7.25 per hour. He said there is another who works with the Assistant Site Director who works part-time without benefits at the rate of $6.04 per hour. He said this is a proposal to combine them as one person to do maintenance as well as be a Fitness Coordinator to create a full-time position and the total cost for the balance of this year is $3,000.00. He said it will be approximately a $10,000.00 increase in the upcoming budget due to benefits being included. City Manager Kelly said there is a demand in the Multi-Purpose Center and the need to be sure the equipment is being used properly is necessary. He recommended approval of this request. Assistant City Manager Couzzo said this is to provide a full-time fitness coordinator and the other is to eliminate the part-time maintenance position. He said part-time is normally 20 hours per week and full-time is 40 hours. Mayor Abramowitz said the Multi-Purpose Center and the Fitness Room is being utilized a lot. C/W Glasser asked if the Fitness Room is open all day and Assistant City Manager Couzzo said, yes, and the participants must be 18 years of age or older. C/M Katz said there are two designations being grouped together. He asked if the maintenance position is of a janitorial status and Assistant City Manager Couzzo said it is a general maintenance position which includes room setups. C/M Schumann read the qualification requirements. He asked if the City is looking for a dietician to calculate cholesterol and proper dietary procedures. He said he does not understand how a person can know maintenance and have the appropriate credentials for fitness. C/M Katz MOVED to TABLE Temp. Reso. #6077, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 11. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1549 on second reading to create the position of Director of Public Services Department. b. MOTION TO ADOPT Temp. Reso. #6078 creating a pay plan for the position of Director of Public Services Department. c. MOTION TO APPROVE the City Manager's appointment of Michael R. Couzzo as the Director of the Public Services Department. ORDINANCE O-91-24-PASSED FINAL ACTION: RESOLUTION R-91-142-PASSED 11.a. Public Hearing held and APPROVED on second reading. 11.b. APPROVED 11.c. APPROVED with the condition that there will be a six-month and 12-month review. (Continued from Page 8) 11.b. City Attorney Ruf read Temp. Reso. #6078 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6078, SECONDED by C/W Glasser. City Manager Kelly said in order to provide for a position and to provide for the pay for the position a pay plan must be created. He said this provides for and establishes the pay plan for the Director of Public Services and the rate of pay is $54,000.00 per year. C/M Katz asked if there will be an additional increase at the time the other employees receive their increases. City Manager Kelly said that will be reviewed separately. C/M Katz said during first reading it was determined that an additional increase would not take place. City Manager Kelly said this increase is separate from anything else that may come forward. He said he feels it would be unfair and each one should be evaluated on individual merit and then Council would make those determinations during the budget process. Mayor Abramowitz said Council always makes the final determinations and all pay increases must go through the City Council. V/M Bender said there are existing contracts with the Union which provide for a total of a 5% increase and City Manager Kelly agreed. V/M Bender asked if these people fall under the contract and City Manager Kelly said, no. V/M Bender said there are several ways to get pay increases, one is contractually with the Union and the other way is by review with the Department Heads. C/W Glasser said there are City employees who look for a raise yearly. She said she understood that this would be the salary and when the yearly increases came around, there would not be one for this position. City Manager Kelly said that was not his intention. He said this increase is from $49,000.00 to $54,000.00. C/M Schumann said this is a 10% increase. Mayor Abramowitz said he understands the concerns of Council; however, increases are determined by Council. City Manager Kelly said this salary is low for the position and the responsibilities. He said the increase is just under 10%. Mayor Abramowitz said there is an area of concern. He said he feels this should be voted upon with the full understanding that Council will review this carefully during the budget process. VOTE: ALL VOTED AYE 11.c. C/M Katz MOVED to APPROVE Item 11.c., SECONDED by C/M Schumann. V/M Bender said he wants to incorporate into this Motion that there be a review of the position every six months for the first year to ascertain the validity of the job, whether it is required and whether the job is being handled sufficiently and at that time the salary structure can be examined. City Attorney Ruf said the appointment will be made with the understanding that there will be a review at the end of six months and the second, at the end of one year. City Manager Kelly said he is proud to appoint Mr. Couzzo as the Public Service Director effective immediately. He said he has been the Public Works Director for more than five years and received a Masters Degree in Public Administration from Nova University in 1990. He said Mr. Couzzo has a proven track record as a resourceful Administrator in Tamarac. He said he has exhibited professionalism in his duties as the Public Works Director and he brings to this position a significant amount of experience in Public Works, Recreation and in Project Management in working with the architects that have designed the Public Services Complex as well as the Multi-Purpose Center. He said Mr. Couzzo is a proven leader and motivator with personnel and he feels Mr. Couzzo is extremely well-qualified to assume this challenging position. Mayor Abramowitz said he has worked closely with Mr. Couzzo. He said he is not competent to judge Mr. Couzzo's qualifications; however, he has respect for City Manager Kelly's ability in his recommendations. He said Mr. Couzzo has done a lot of things in the City, such as for Tract 27, which saved the City approximately $300,000.00. TAPE 4 Mayor Abramowitz said Mr. Couzzo has worked closely with Scharf and Associates for the Multi-Purpose Center, which saved the City approximately $200,000.00. He said the Public Works Department gets aggravation from everyone. He expressed his good fortune in his new position. VOTE: ALL VOTED AYE 15. MOTION TO ADOPT Temp. Reso. #6079 amending R-91-79 which requested the Broward County Traffic Engineering Division to investigate the need for reducing the speed limit from 30 miles per hour to 25 miles per hour to correct a scrivner's error by changing "NW 71 Street" to "NW 71 Place" from NW 108 Terrace to Nob Hill Road. FINAL ACTION: RESOLUTION R-91-111-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6079 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6079, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORTS 13. City Council C/M Schumann - No report. C/M Katz said he would like to get an expression of interest for extending the hours of operation of the Multi-Purpose Center and fee structure for weekend meetings due to numerous requests coming into the City. He suggested the same fee schedule in R-91-87 be applied and City Manager Kelly said the weekends and evenings can be added to that Resolution. EXPRESSION OF INTEREST: ALL AGREED C/M Katz said there has been a lot of mosquito problems in the City and the City must rely upon the County for mosquito control. He said Mr. Couzzo has developed a proposal with a cost structure for mosquito control equipment at a minimum cost to the City using the Contingency Funds. City Manager Kelly suggested this be discussed at a workshop meeting. C/M Katz said he has a copy of a memo dated May 24, 1991 to Mr. Couzzo from Dan Wood, Chief Building Official, regarding the lease of space in City Hall. He said when the City moved into the new City Hall, there was a request by some Legislators to lease space in the building. He said they were told they could not lease space due to the building needing to be sprinkled for leasing purposes. He said this memo states that the South Florida Building Code under Section 31-4.6 requires not less than (1) one-hour fire resistive construction for corridors and buildings with more than one tenant. He said the recent fire inspection ruled that space leased and occupied by elected officials, Senators and Representatives could be grouped as part of the family of this single tenant occupancy; therefore, no physical changes to corridors or partitions or exits would be necessary, should the City desire to lease space to these elected officials. C/M Katz said he feels the City may have lost tenants, income and favors from Legislators. He suggested this be pursued and considered again. Mayor Abramowitz suggested this be discussed during a workshop meeting. C/W Glasser - No report. V/M Bender said he has been working with Assistant City Manager Dina McDermott on obtaining information concerning the possibility of the City of Tamarac establishing its own television cable system. He said there is correspondence being sent out to obtain additional information regarding this subject. He said he feels the City can be competitive with the current cable television systems. Mayor Abramowitz said he had received a delegation from the eastern portion of Tamarac regarding the helicopters going into the Executive Airport. He said this was a serious problem for Tamarac Lakes North and South and the Boulevards. He said he discussed the problem with John McKay of the Executive Airport. He said the Executive Airport Board Members held a meeting with the residents and the decision was made to change the routing of the helicopters. He said there was a problem in the tour which is run by the Federal Government. He said Air Traffic Control will meet with the Federal Government to discuss this problem. Mayor Abramowitz said Bill George of the Tamarac Athletic Federation presented the City will a picture of the Challenger Little League. He said the Challenger Little League is a baseball league of handicapped boys and girls who have Multiple Sclerosis which allows them to play baseball. He said these children in their wheelchairs have a buddy who pushes them to the bases after the ball is hit. He said he feels this is a great thing for the children. 14. City Manager City Manager Kelly said Jim Budzinski, Fire Marshal, will be Acting Fire Chief while Chief Ray Briant is recuperating. City Manager Kelly said the Broward County School Board approved $27,000.00 for the City of Tamarac which will be used for a Park addition by the Multi-Purpose Center including landscaping and additional lighting. With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:25 p.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $559.35 or $12.43 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." 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