HomeMy WebLinkAbout1990-08-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, AUGUST 22, 1990
Mayor Abramowitz called this meeting to order on Wednesday,
August 22, 1990 at 9:00 A.M. in Council Chambers.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor
Bruce
Hoffman
Councilman
Dr. H.
Larry Bender
Councilman
Henry
Rohr
ALSO
Councilman
p`9ENT -
Henry
Schumann
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Pat Marcurio, Office Manager, City Clerk Office
Karen Jackson, Secretary
Mayor Abramowitz called for the
Pledge of Allegience followed by a Moment of Silent Meditation dedicated to
the United States Troops overseas.
2. h. 1) authorizing the
appropriate City officials to execute a Release of
Bond and Termination of Development Agreement with
Perpetual Asset Management Company, Inc.,
transferring responsibility for SPRING HOUSE and
providing for a release of cash bond in the amount of
$20,000.00 to the City of Tamarac.
2. h. 2) amendments to
four (4) utility easements for SPRING HOUSE
APARTMENTS at the request of Perpetual Asset
Management Company, Inc.
REMOVED for discussion.
* V/M Hoffman MOVED the REMOVAL Item 2.h.from the Consent Agenda to
* be held for discussion. SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
7. MOTION TO &=OLM the purchase of a telephone system
for the PUBLIC SERVICE ADMINISTRATIVE COMPLEX from Rolm Company in
the amount of $20,491.00 (tabled on 6/13/90)
SXNOPAIB--= ACTION:
TABLED per request of City Manager Kelly.
* V/M Hoffman MOVED to TABLE Item 7. SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 1
RESOLUTIQNP
10. MQT;rON TO j&p)PT T•vp_ RwI2, 85862 approving a
reorganization of the Engineering/Utilities Department.
$YNOPLfjX1, OF AgTXQ I,
TABLED per request of City Manager Kelly.
* V/M Hoffman MOVED to TABLE Item 10. SZCONDED by C/M Rohr.
VOTR: ALL VOTED AYR
1. a. PRESENTATION by City Manager Kelly of five-year Service
awards
to the following
employees:
1)
James Carter
- Utilities West
2)
Douglas Kerr
- Engineering
3)
Paul Swiech
-- Engineering
4)
Josephine Forti
- Code Enforcement
5)
Jerome Weinreb
- Building
6)
James O'Brien
- Personnel
7)
Dennis Andresky
- Parks & Recreation
8)
Robert Capuano
- Public Works
9)
Anna Sorensen
- Public Works
b, gAARX;N'ATION by City Manager Kelly of ten-year Service
awards to the following employees:
1) Michael Vaillant - Utilities West
2) Vincent Velt - Utilities West
47CNQPSIS OF ACTION:
PRESENTATIONS WERE MADE.
cQRggNT Xr"PA,
Auilding Departper,�:
2. a. MOTION TO ADOPT Tagp_ gRnp, #�858 authorizing the
appropriate City officials to execute a Hold Harmless
Agreement with Mainlands Section 6 Civic Association,
Inc., for installation of a bus shelter on Mainlands
Section 6 leased property.
SiMRAZA OF VIT-T99; RSSOLIITION R-90-189 - PASOMD
APPROVED.
I
City Clark
b, NOTION TO APPROVE the minutes of the following City
Council meetings: i
1)
6/13/90
- Regular
Meeting
2)
6/18/90
- Special
Meeting
3)
6/27/90
- Regular
Meeting
4)
7/05/90
- Special
Meeting
5)
7/11/90
- Special
Meeting
6)
7/11/90
- Regular
Meeting
AYNQFB I S Ox_,ACTION :
APPROVED
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 2
1
1
c, MOITON To AZPRM renewal of a model sales facility and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for SPRINGLAKE II (WESTLAKE
VILLAS) for a six-month period from 9/22/90 to 3/22/91.
APPROVED
d, NQTTQN To APEROYM renewal of a model sales facility and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for SPRINGLAKE VILLAS
(NORTHWOOD II) for a six-month period from 9/13/90 to
3/13/91.
APPROVED
e. XgXION IQ UPBM a model sales facility for BANYAN
LAKES, 6096 Pinetree Lane, Units 13, 14, 15 and 16, for a
six-month period from 8/22/90 to 2/22/91.
APPROVED
f. transferring a special
exception for on -premises consumption of beer and wine
from Craig Carlino, d/b/a DaVinci's Italian Restaurant,
to Sal Galluzzo, Owner, Casa Linda Restaurant, 8765 NW 57
Street (PLAZA DEL SOL) .
RESOLUTION R-90-190 - PASSED
APPROVED
g, approving a 1-foot
partial subordination of easement along the east property
line of Lot 9, Block 36, WOODLANDS SECTION 70 5713 Bamboo
Circle.
hjYNQR91hj OF ACTION* RESOLUTION R-90-191 - PASSED
APPROVED
h. 1) authorizing the
appropriate City officials to execute a Release of
Bond and Termination of Development Agreement with
Perpetual Asset Management Company, Inc.,
transferring responsibility for SPRING HOUSE
and providing for a release of cash bond in the amount
of $20,000.00 to the City of Tamarac.
h. 2) amendments to
four (4) utility easements for SPRING HOUSE
APARTMENTS at the request of Perpetual Asset
Management Company, Inc.
SkXNOPaZ OF ACTSONL RESOLUTION R-90-192 - PASSED
REMOVED for discussion on Page 1. RESOLUTION R-90-193 - PASSED
After discussion, APPROVED hl & h2.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 3
J. NQTXON TO APPROVE the attendance of Abbe Hoctor at
Florida's Urban and Community Forestry Conference on
September 13-14, 1990, in Wesley Chapel, Florida.
AXNO ►AIS OF ACTION_
APPROVED
J. MOTION TO APPROVE the attendance of Kelly Carpenter at
Florida's American Planning Association Annual Conference
on October 11-12, 1990, in West Palm Beach, Florida.
SjYNOPSIS, OF AcTi0N;
APPROVED
Engineerin9/Uti1A: j,Ap
k. KQTION TO ADOPT T"mR- RAiso-, #5855 releasing a cash
warranty bond in the amount of $1,537.50 posted for
public improvements at the BUDGETEL INN project on
Commercial Boulevard (871509/1509A).
RY*q)?,A S OF ACTION:
APPROVED
RESOLUTION R-90-194 - PASSED
1. MOTION TO AP$RQ3M Addendum #27 to the engineering
agreement with Hazen & Sawyer, P.C., in the amount of
$3,080.00 to provide a pipeline survey required for 1n
house design of a proposed 10-inch force main through
Brookwood Plaza for TUW Project 89-320 Brookwood Pl�aaa
Construction Layout Survey.
SYNOPSIS OF AQTION:
APPROVED
X104OZall Administ.XtktJve
M. MOTION TQ,_- DOPT Tonal_ R"qq_ #5861 authorizing the
appropriate City officials to execute Amendment 3 to the
Agreement dated 12/9/87 with Scharf and Associates, Inc.,
for architectural Services for the PUBLIC SERVICE
ADMINISTRATIVE COMPLEX on Land Section 7, to remove
Construction Management Services, Inc., as the City's
construction manager and to designate Michael Oouzzo ,as
the City's representative for this project.
41CHOPSIS OF ArTZQN: RESOLUTION R-90-195 - PASSED
APPROVED
n. MOTION TQ ADOPT Tew4p, AMpo, #5856 releasing a cash
performance bond in the amount of $150.00 posted by
Security Supermarket, Inc,, for installation of burglar
alarms (880525).
,%XNOP S I S" QZ ACTION-,
APPROVED
PuL X&q, Works _ pAVairtment;
RESOLUTION R-90-196 - PASSED
o. WT70N TO JUMA E rejection of all bids received under
Bid #90-21 for five (5) tennis courts at TAMARAC SPORTS
COMPLEX, and AUTHOR12,4TION to rebid this project pursuant to
Section 6-149(4) of the City Code.
SY? OPSIS qr ,ACTION
APPROVED
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 4
1
1
p. MQTXQN TO APPItOVE, the attendance of Dina McDermott at the
American Society for Public Administration Southeastern
Conference on October 3-5, 1990, in Clearwater Beach, Florida.
sYmops.is. - 4 '
APPROVED
CONSENT AGrE=
h. 1) MOTION -TO _ADOPT Tema, Reae_ #5860 authorizing the
appropriate City officials to execute a Release of
Bond and Termination of Development Agreement with
Perpetual Asset Management Company, Inc.,
transferring responsibility for SPRING HOUSE
and providing for a release of cash bond in the amount
of $20,000.00 to the City of Tamarac.
City Attorney Ruf read a2vined Rang- #586D by title.
* V/M Hoffman ROVED to APPROVE , SECONDED by
* C/M Rohr.
Mayor Abramowitz asked City Attorney Ruf for discussion on
Item 2.h.1,
City Attorney Ruf said the City has worked for several months, through
the offices of the Mayor and City Council, to address the problems of
Sabal Palm Golf Course and the difficulty of the eighth green. He said
the City has attempted to enter into a Tri-Party Agreement between
Perpetual Asset Management Co., Inc.(the owners of the Spring House
Apartments) and American Golf Corp. (the owner of Sabal Palm Golf
Course). He said the attorneys for Perpetual Asset Management Co. and
American Golf Corp. were present.
City Attorney Ruf said the City and the two attorneys have not been able
to agree to a Tri-Party Agreement. He said the City and Perpetual Asset
Management Co. have agreed to a Release of the Bond and Termination of
the Development Agreement. He said there is a list of off -site
improvements to the golf course parking lot for which the City will
assume responsibility. He said Perpetual Asset Management Co. will
release to the City the $20,000.00 cash bond which the City is holding
to accomplish these improvements. He said Kelly Carpenter, Director of
Community Development, and other City staff members have indicated the
$20,000.00 will amply cover these improvements. He said he handed out a
copy of the Release of Bond and Termination of Development Agreement,
Exhibit 1, which the City has worked out with the landowner of
Spring House. He said the City will need a different Resolution title
due to this not being a Tri-Party Agreement.
City Attorney Ruf said the City is still working with American Golf
Club. He said there are some items which the attorneys for American
Golf Club could clarify to Council.
Mayor Abramowitz said City Attorney Ruf, City Manager Kelly and other
staff members know Councils' feeling regarding this situation. He asked
City Attorney Ruf to work out the situation with the respective
attorneys and then bring it to Council.
City Attorney Ruf said the situation needed to be addressed in order to
prevent the City from losing the $20,000.00 in house monies.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 5
Mayor Abramowitz agreed and introduced Andrew Maurodis, attorney
representing American Golf Corp.
Attorney Maurodis said he appreciated City Attorney Ruf, Kelly
Carpenter and Grant Downing, attorney representing Perpetual Assets
Management Co., Inc., for working with him on this situation. He said
his firm had been retained by American Golf Corp. a few weeps prior to
the meeting. He said the only reason for not having a Tri-Part y
Agreement at the present time, is that with not being too familiar with
the case, some final details need to be worked out. He said American
Golf Corp. is in agreement with the concept, improvement of the
property, and using the $20,000.00 for these improvements. Le said th
site plan has been submitted for the movement of the eighth creen.
He said if Council were to approve an agreement without American Golf
Corp., he asked for a condition to relocate an intake system to
preserve the ability to move the eighth green. He asked Council to make
this a condition. He said PAMCO wants American Golf Corp., if permitted
to relocate the intake system, to alleviate any obligation on their part
to move the eighth green. He requested from Council, an extension of
one week to come to a Tri--Party Agreement.
City Attorney Ruf asked that Attorney Downing, representing PAMCO,
to express on record, that he has no objections under the conditions
holding PAMCO harmless from the obligation to move the eighth green as
stated by Attorney Maurodis. He said this would be sufficient to move
forward.
Grant Downing, attorney from Godbold and Downing, representing
PAMCO, who currently own Springhouse Apartments, said there are no
objections to the conditions. He said he has prepared and agreed to a
letter on behalf of PAMCO with American Golf Corp. agreeing tc move the
intake system providing no interference to irrigation, etc-. He said
PAMCO feels no obligation on their part and are willing to walk away
from whatever is left of the $20,000.00, if released from the
obligations under the agreement.
City Attorney Ruf recommended the execution of the Release of Bond
and Termination of Agreement.
V/M Hoffman asked to hear from Kelly Carpenter on this subject. He
asked if the moving of the intake valve would present a problem to the
City.
Ms. Carpenter said no. She said the understanding is that American Golf
Corp. needs to have access to it in order to move the eighth green.
She said a site plan has been submitted in-house, but did not have any
formal reviews. She said to expect consideration of review in
September. She said the punchlist, developed in 1989, has been
discussed in front of Council at least twice in the past. She said the
City is holding $20,000.00 of the bond for this improvement. She said
the punchlist is based on the final zoning and landscape inspection in
the field. She said the Planning Department always estimates 150% of
the cost in order to establish what the bond should be. She said the
items estimated were involving trees, curbing, extension of fire
hydrant, etc. She said she would like to see either a Tri-Party or a
Two -Party Agreement made, for the City to have access to the $20,000.00
to keep these funds in the City of Tamarac. She said she has no
objections.
V/M Hoffman asked if the Council votes for this Agreement, would there
be no way the eighth green would not be moved eventually.
Ms. Carpenter said she could not make a direct correlation, however;
it is fair to say that if the $20,000.00 does not evaporate, stays in
the City of Tamarac, is available for a public purpose in the City,
and if American Golf Corp., gives the City a site plan, which is
intended to be processed, the City is on the right track.
VOTE: ALL VOTED AYE
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 6
h. 2) MOTION TO AD PT Twmv_ Reno_ #5863 amendments to
four (4) utility easements for SPRING HOUSE
APARTMENTS at the request of Perpetual Asset
Management Company, Inc.
City Attorney Ruf read Temn__ Reao.#5863 by title.
* V/M Hoffman MOVED to APPROVE JAMV----Reao.#5Bt3, SBCONDRD by
* C/M Rohr.
City Attorney Ruf said Item 2.h.2) is a housekeeping matter requested
by Perpetual Asset Management Company, Inc. He said the appropriate
action would be by way of Resolution rather than by way of Motion. He
said he had prepared a Resolution title. He said the City received the
following blanket easements for: fire hydrants, utilities, flowage and
public safety ingress/egress.
VOTE:
ALL VOTED AYE
Mayor Abramowitz asked City Manager Kelly, City Attorney Ruf, Kelly
Carpenter, and the attorneys for PAMCO and American Golf Corp. to
complete this agreement and bring it before Council.
3. MOTION__TO__APPROVE the payment of retainage in the amount
of $6,206.00 to TLC Diversified, Inc., for completion of
TUW Project 88-12, New Pump at Tract 27 Water Tank.
SYNOPSIS OF ACTION__
APPROVED
* V/M Hoffman MOVED to APPROVE this item, SECONDED by C/M Rohr.
Bob Foy, Director of Engineering/Utilities, said final action will
close out the contract. He said the job has been satisfactorily
completed. He recommended final payment of retainage.
VOTE:
ALL VOTED AYE
4. a) MOTION TO APPROVE, Addendum #10 to the engineering
agreement with Hazen & Sawyer, P.C., in the amount of
$13,600.00 for additional engineering and rebidding
Services for TUW Project 89-40, Water Treatment Plant
Expansion, Phase II Accelator Program.
b) MOTION TO APPROVE the transfer of $13,600.00 from TUW
Resources Available Account 432--389-105 to TUW Phase
II Plant Expansion Account 432-363-533-6HG to fund the
services of Hazen & Sawyer, P.C., contained in
Addendum #10 to their engineering agreement for TUW
Project 89-40, Water Treatment Plant Expansion, Phase
II Accelator Program.
SYNOPSIS _ or ACTION
APPROVED a) & b)
* V/M Hoffman MOVED to APPROVE this item, SECONDED by C/M Rohr.
Bob Foy requested authorization of a contract with Hazen & Sawyer, P.C.,
in the amount of $13,600.00 to complete the final design of the
Accelator Project discussed in the past. He said the total project will
be financed from CIAC funds from bond retainage and a small amount from
the revenue fund. He said $13,600.00 will come from the CIAC funds.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 7
He said if the voters authorize the project, the City will have
completed all the work for the project to be cleared by the Bid
Specification Committee and will not be delayed for several rionths after
the Referendum. He recommended Council authorization of this design.
V/M Hoffman asked for clarification on, "if the voters approve the
project".
Mr. Foy said the project must be a percentage more than 2-1/2.% of the
budget. He said the expenditure of the two million dollars must be
authorized by the voters at the November 4, 1990 election.
V/M Hoffman expressed his concern regarding the amount of money being
spent prior to approval from the voters.
Mr. Foy said he felt V/M Hoffman was incorrect in this decisic:n,
because, if Council does not approve this now, it will take several
months to finish the design and go through the Bid Specification
Committee, which means the completion of the final project, if
authorized by the voters, would be delayed an additional three
months.
Mayor Abramowitz agreed with V/M Hoffman that the City needs water. He
said this had been discussed in the Council Budget Meetings thoroughly.
He said the future of the City depends upon water. He said, as an
example, some time back, one of Tamarac's neighboring cities, ran out of
water. He said that city came to Tamarac to provide water. He said
last year this request for two million dollars was turned down, He said
Mr. Foy assured the Council, when presented to the voters, there would
be no increase in tax money. He said the money is availableA however,
he does not want to spend it unless assured the money will be working
for the City.
V/M Hoffman said he is in favor of the expenditure, however; he is
absolutely against it until approved by the voters in November.
C/M Rohr agreed with Mayor Abramowitz. He said he is in favor of
spending the money knowing it is needed to do the job.
VOTE:
Mayor Abramowitz -Aye
V/M Hoffman
-Nay
C/M Bender
-Aye
C/M Rohr
-Aye
C/M Schumann
-Aye
b) Mayor Abramowitz read the item by title.
* C/M Bender MOVED to APPROVE this item, SECONDED by C/M Schu:itann.
VOTE:
Mayor Abramowitz -Aye
V/M Hoffman
-Nay
C/M Bander
-Aye
C/M Rohr
-Aye
C/M Schumann
-Aye
Mayor Abramowitz said the entire Council was against this when first
presented last year. He said the indication presented now is that this
is not something Council would like to do but what Council has to do.
He said the Council and staff know this needs to be done but he wants
the people to know this. He said this transfer is of absolute
necessity. He asked City Manager Kelly to make mention in whatever fo
is necessary, to let the people know why the City is spending this two
million dollars and the absolute necessity of the expenditure.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 8
5. the transfer of $22,660.00 from TUW
Contingency Account 425-371-588-975 to TUW Electronic Meter
Reading Account 425-364-533-647 to provide funding for the
emergency purchase of an electronic meter reading system
pursuant to Section 6-151 of the City Code.
•• r
* C/M Rohr MOVED to APPROVE this item, SECONDED by V/M Hoffman.
City Manager Kelly said during the absence of Council, it became
necessary to authorize this emergency purchase. He said he had the
authority through the Charter. He said Council was advised at a
previous meeting of this purchase the reason for bringing to Council at
this time it requires a contingency transfer. He said all contingency
transfers must be brought before Council for approval. He said the
electronic meter readers are porta processors the meter readers carry
with them to verify and make accurate readings. He said some of the
equipment became damaged and it became an emergency for purchasing.
Mayor Abramowitz asked City Manager Kelly to have the meter readers put
doorhangers on every door regarding recycling. He said, even though
Tamarac is #1 in compliancy in the recycling program, he would like to
see more doorhangers.
C/M Schumann said he noticed on the backup paperwork, there is an offer
of $7,552.00 trade-in allowance for equipment that is out -dated and non -
repairable. He said this seems to be a high trade-in allowance for this
equipment.
Mr. Foy said this trade-in allowance is a goodwill gesture on the part
of Porta-Printer Systems, Inc., in order to keep the City as a customer.
He said this company was the most inexpensive. He said the equipment is
definitely out -dated and Porta-Printer Systems, Inc., will not maintain
the spare parts and will probably scrap the equipment.
VOTE: ALL VOTED AYE
6. MOTION TO APPROVE the transfer of $15,135.00 from Fire
Department Salary Account 001-223-522-120 to EMS Grant
Fund Account 001-872-581-95I to match the State grant of
$15,135.00 for the purchase of hydraulic extrication
equipment.
I-VC10-.,
••
* V/M Hoffman MOVED to APPROVE this item, SECONDED by C/M Rohr.
City Manager Kelly said on July 26, 1990, in the absence of Council, the
City received notice from the Department of Health and Rehabilitative
Services that an EMS Grant was being made to the City. He said the
grant provided for the purchase of a hydraulic extrication equipment for
the Fire Department. He said the obligation was for the City to match
the amount of the Grant, so to buy two. He said the monies are
available in the Fire Department Salary Account proposing the funding
for the City's matching share from this account.
C/M Schumann said there is a typographical error on the backup
paperwork. He said it is tallied at $15,135.00, however; it shows
$15,000.00 in the top column left side of adjustment.
TAPE 2
Mayor Abramowitz asked City Manager Kelly to make notation and have it
corrected.
VOTE: ALL VOTED AYE
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 9
Mayor Abramowitz asked City Manager Kelly after discussion of item
and the vote, to make mention of the letter from the State regarding
the funding on the cleanup. City Manager Kelly agreed.
fiStap;ra3, „AAminiatr&t1vA
8. MOTION TO APPROVE the
Judgements, Claims and
Rent -Land and Buildings
September, 1990 rental
property.
gyp4PI34 Pr ACTTQN-,
APPROVED
transfer of $16,989.00 from
Settlements Account 001-872-519-409 to
Account 001-872-519-441 to fund the
payment for the present Public Works
A C/M Ruf MOVED to APPROVE this item, SECONDED by V/M Hoffman,
Mr. Burroughs, Finance Director, said the transfer requested is to pay
the September rental payment on the Public Works property still
technically occupied by the City. He said there is not enough money
available in the budget and the rent is due. He said he hopes this will
be the final rental payment.
City Manager Kelly said the City is technically occupying thLs
property. He said Chevron Gas Company has been approved to move in
through the City's Planning Commission for their project on that site.
He said the City had six gas tanks on the site for Public Works. He
said four gas tanks were fiberglass, two were stainless steel. He
said the stainless steel tanks were removed with no problems'; however,
one of the fiberglass tanks had some pinholes in it, causing, some
leakage. He said when that tank was being removed, it collapsed and
contaminated the ground. He said the Engineering Department is
reviewing it, assessing the damage, being delayed in removal Clue to the
water from the heavy rains.
City Manager Kelly said the soil had to be removed and burned and the
incinerator was not functioning due to the heavy rains. He said all
these items delayed and lengthened the City's timeframe for evaluation
by the consulting firm. He said the situation now is that Chevron Gas
Company is very anxious to move onto the site. He said Chevron Gas
Company has offered their Engineers' experience to the City's
Engineering Department. He said they have no qualms about the
contamination which they feel is minimal and are anxious to move.
City Manager Kelly said the City is fortunate to have an attorney
knowledgeable of this type of situation. He said he is pleased to
report that last year when this began, Michael Couzzo and the 12ublic
Works Department, had written to the State asking to be put on a cleanup
list allowing the City to be entitled to reimbursement. Be said the
City qualified for the list. He said, during Councils' absence, the
City received a letter stating full qualification of all reimbursements
associated with the cleanup. He said monies were being set aside for
this cleanup, and under the State's criteria, reimbursements will be
made. He expressed his appreciation for the foresight by Mr. Couzzo for
the advanced qualification for the reimbursement.
Mayor Abramowitz expressed his appreciation for this effort.
VOTE:
ALL VOTED AYE
9. MQT,XQX TO APPROVE the transfer of $66,739.00 from
Judgements, Claims and Settlements Account 001-872-519-4019 to
Pension Contributions Account 001-220-521-220 to fund the City's
contribution to Police Officers Pension Fund.
A-4NOPSIS Qkr AQ'N;ON:
APPROVED
* C/M Rohr MOVED to APPROVE this item, SECONDED by V/M Hoffman.
I.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 10
Mr. Burroughs said this transfer is necessary to fund the City's
contribution to the Police Officers Pension Fund. He said when the City
went BSO in July, 1989, the City did not know the impact on the Pension
Fund. He said the impact was not known until March, 1990, after the
adoption of the budget. He said the reason for the deficiency, more may
need to be transferred at the next meeting, is the City was led to
believe the total amount received from the Sheriff's Office for Pension
Contributions would be applicable to the City's share. He said it was
not. He said; therefore, it was not budgeted for last year, and after
reviewing the matter, all the money received from the Sheriff's Office
for pension contributions, some needs to be applied to the employees'
contribution, and the City's contribution is the remaining amount. He
said the City will be about $80,000.00 short. He said this money is for
the personnel who decided to remain in the City's Pension Fund in lieu
of going to the Florida Retirement System.
Mayor Abramowitz asked if the amount lessens as the employees leave.
Mr. Burroughs said he did not know, but the determination will be made
each year how much the City contribution is for police officers. He
said the City knows what the criteria is when money is received from the
Sheriff. He said this should not be a problem in the future. He said
this happened during the changeover.
VOTE:
ALL VOTED AYE
At 9:56 A.M., Mayor Abramowitz RECESSED the meeting and RECONVENED at
10:05 A.M. with ALL PRESENT.
Building Department
11, X2ALjC HKARING - on
second reading to amend Chapter 9 of the Code, "Health,
Sanitation and Nuisances", by revising Section 9-36 to
add definitions, revising Section 9-37 to require repair
or replacement of paved areas when roadrock or subbase is
visible, and revising Section 9-41 to establish standards
for the exterior of buildings in the City.
SYNOPSIS DF ACT,ZQ�j ORDINANCE NO.0-90-31-PASSED
Public Hearing was held.
APPROVED on second and final reading.
City Attorney Ruf read Tama_ Ord_ #1500 by title.
* V/M Hoffman ' MOVED to APPROVE Tema_ _ Ord._ _#1500, SECONDED by
* C/M Rohr.
Mayor Abramowitz presented Steven Oxenhandler, Director of
Development Services. He said these changes are to improve the
ability to enforce the Code by adding definitions and criteria for
paved areas, derelict vehicles and building exteriors, and will make
the enforcement more effective.
Mayor Abramowitz said that the general improvement of many areas of the
City will be affected by the explicit language in the Code rather than
the generalization the City had in the past. He said he has always been
proud of the looks of the City, and to keep up the good work.
Mayor Abramowitz OPENED the Public Hearing.
Melanie Reynolds, Resident, asked if this Ordinance is in compliance
with the State law.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 11
City Attorney Ruf said the Ordinance is well drafted and in compliance
with all State Statutes.
Mayor Abramowitz CLOSED the Public Hearing with no further response.
VOTE:
Opmmunity p"'TP101man.
ALL VOTED AYE
12. a. MOTION ZQ ACCEPT Affidavits of Publication, MailLng
and Posting for TprS_ _Ord_ #�505. Petition t17-2-90
12. b . PURLIq, HZIP ,XPQ - MOTION-TO_APORT Tipp- Ord- P;.505 on
first reading concerning a request by Lennar Hones,
Inc., to rezone lands proposed for the recreation area
for GRANVILLE, located between Nob Hill Road and NET
108 Terrace, 80th of NW 80 Street, from R-3 (Low
Density Multiple) to S-1 (Open Space/Recreational).
Petition #17-Z-90
$YNOPS I S QX.vr&CT ;QN:
a) ACCEPTED Affidavits
b) APPROVED on first reading. Second reading and Public Hearing will be
held at or after 7:30 P.M, on Wednesday, September 12, 1990.
a) Mayor Abramowitz read Tan�p, Qr4,,11504 by title.
* V/M Hoffman MOVED to ACCEPT Temp_ Or4,#J.Q5, SECONDED by
* C/M Bender.
VOTE: ALL VOTED AYE
City Attorney Ruf read Temp_ Ord_ #150� by title,
* V/M Hoffman MOVED to APPROVE TpmD_ Ord_ *1505, SECONDED by
* C/M Bender.
Mayor Abramowitz presented Kelly Carpenter, Director of Community
Development. She said this petition is by Lennar Homes, Inc,
requesting to rezone lands from R-3 to S-1. She said this it the
recreation parcel in the Granville Development. She said the
Tamarac Land Use Plan Map designates this site as medium density
residential, 10 - 15 dwelling units to the acre, auxiliary
residential recreation areas are consistent with the uses permitted in
this residential designation. She said the parcel contains 3.066 acres
more or less. She said surrounding uses are residential to the north,
south, east and west. She said the Planning Commission recommended it's
approval of -this rezoning request on July 5, 1990 and the staff also
requests approval.
Mayor Abramowitz said the Planning Commission is taking residential and
is requesting recreational zoning.
Ms. Carpenter said generally, in the large multi -family projects, the
developer rezones the area to recreation so the City can take advantage
of it in it's count for recreation purposes.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 12
13. a. MOTION TO -ACCEPT Affidavits of Publication, Mailing
and Posting for Temp_ Ord_ 51506. Petition #18-Z-90
13. b. PUBLiC X$,iNG - ^MOTIT T&MV, Ord J15A066 on
first reading concerning a request by Jacobson,
Trustee for Tamarac 1299 Land Trust, to rezone lands
located approximately 660 feet 80th of McNab Road to
the northernmost property line and approximately
1015-feet west of Nob Hill Road to the easternmost property
line from R-3 (Low Density Multiple) to LI-1 (Light
Industrial) to conform to the Broward County Land Use
Plan. Petition #18-Z-90
SYNOPSIS --OF _ _ACTION:
a) ACCEPTED Affidavits.
b) APPROVED on first reading. Second reading and Public Hearing will be
held at or after 7:30 P.M. on Wednesday, September 12, 1990.
a) Mayor Abramowitz read by
title.
* V/M Hoffman MOVED to ACCEPT Tema_ Ord_ 11506, SECONDED by
* C/M Bender.
VOTE:
ALL VOTED AYE
b) City Attorney Ruf read T=__Ord_ #1506 by title.
* V/M Hoffman MOVED to APPROVE X=- Ord_ 51506 on first reading,
* SECONDED by C/M Bender.
Ms. Carpenter said this is an application by Jacobson, Trustee for
Tamarac 1299 Land Trust, requesting to rezone land from R--3 to LI-1.
She said the Land Use Plans designation for this parcel on the Tamarac
and the County Land Use Plans is industrial. She said LI-1 is the only
appropriate zoning category for this parcel. She said this is
considered a zoning to conformity with the Land Use Plan. She said the
site is located generally, 660 feet south of McNab Road and will have
frontage off the proposed alignment for Hiatus Road.
She said the property contains approximately thirteen acres. She said
the surrounding property is to the north -industrial, to the east -
commercial and industrial, to the south -industrial, and 'to the west -
industrial. She said designated on the plan, they are not yet properly
zoned. She said the Planning Commission recommended approval at the
July 5, 1990 meeting and staff also recommends approval.
Mayor Abramowitz addressed the public and said since the advent of
the Comprehensive Land Use Plan, in order for the cities to be accepted
by the State of Florida, the cities are going through a tremendous
overturn of rezoning. He said if the City is not zoned according to the
Comprehensive Land Use Plan, many problems arise. He said these
rezoning acts are being done by the City to be in compliance with the
Comprehensive Land Use Plan.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no
response.
V/M Hoffman asked if the City can rezone everything needing rezoning at
one time. Ms. Carpenter said there is no problem with rezoning all at
once.
Mayor Abramowitz asked if there is a fee involved when Jacobson comes to
the City.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 13
Ms. Carpenter said the fee is to cover the City's time to process the
application. She said, generally, the procedure is for the City to
rezone in a wholesale fashion. She said the policy in the City is for
the City to request the owners of the property to rezone themselves.
She said generally, when talking about zonings to conformi-y, the local
government is the applicant and they do it wholesale.
Mayor Abramowitz asked Ms. Carpenter to research if there would be
a loss of revenue in this process and bring this before the Council
during a Workshop.
VOTE: ALL VOTED AYE
Personnel Department
'14. RPRLIC SEARING - MOTION TO 44gY2 XomR_ Ord_ #1503, on
Second reading to amend Article III of Chapter 16 of the Code to
permit vested participants who terminate employment prior to early
retirement age to elect to receive a refund of participant
contributions in lieu of any other benefits from the Pension Plan.
STNOPS�TS OF ACTION- ORDINANCE NO. 0-90-32-PASSZD
APPROVED on second and final reading.
City Attorney Ruf read TmW,r QFd_ #],Ian, by title.
* C/M Rohr MOVED to ADOPT Tewip_ Ord. #1501 on second and final
reading, SECONDED by C/M Schumann.
Peter Mack, Director of Personnel,said this is an opportunity) of great
benefit to the Pension Plan and to individual participants. He said
people who are vested but leave City employment prior to early
retirement age, should be permitted to remove their money frgm the plan.
He said this Ordinance disqualifies them from any future claim against
the Pension Plan, but permits them to take out their contributed money
only. He said the Personnel Department recommends this.
Mayor Abramowitz said this is a fair and equitable assessment. He
said it is their money.
V/M Hoffman asked what if the employee elects to maintain the money in
the Pension Plan.
Mr. Mack said the employee may freeze the money in the account until
reaching early retirement age at which time they would receive a monthly
benefit. '
Mayor Abramowitz OPENED the Public Hearing.
Judy Kitograd, Charter Board member and former employee of the City,
asked to clarify what exactly "their money only" means.
Mr. Mack said this means the employees' contribution plus the
interest that is earned on the money.
Mayor Abramowitz said the Citys' money stays with the Pension 2und and
Mr. Mack agreed.
Mayor Abramowitz CLOSED the Public Hearing with no further response.
VOTE: ALL VOTED AYE
END OF ,PPAUG AIW-NQA
CITY COUNCIL REGULAR MEETING
B/22/90/KJ
Page 14
1
15, on first reading to
permit those former employees of the City Police
Department on 6/30/89, who immediately thereafter became
employed by the Broward Sheriff's Office, to participate
in the City's Pension Plan.
APPROVED on first reading. Second reading will be at or after 7:30 P.M. on
Wednesday, September 12, 1990.
City Attorney Ruf read by title.
* V/M Hoffman MOVED to APPROVE Temfl_ Ord. #1503, SECONDED by
* C/M Rohr.
Mr. Mack said this was an Agreement entered into with the police
officers prior to a contract signed with the Broward Sheriff's Office
pending approval from Council and Tallahassee, permitting them to remain
in the City's Pension Plan. He said the City provided them with the
opportunity to elect to do so. He said a number of them did, and this
Ordinance permits the Pension Plan to continue to receive State money on
behalf of the police officers. He said it is much to the advantage of
the Pension Plan and to the City.
C/M Schumann asked if the police officers can participate in one or the
other. Mr. Mack agreed and said the police officers made an election to
either participate with Tamarac or go to the Florida Retirement System
(FRS) .
Mayor Abramowitz said at that time, depending upon the age of the
person, the only persons who stayed were with the Tamarac Police
Department for a long time. He said it was to their better interest to
remain.
V/M Hoffman said the police officers have to put in a certain number of
years with the BSO to become eligible. He said some of the people
close to retirement, could not put in that number of years; therefore,
stayed with Tamarac.
Mr. Mack said it would have been disadvantageous to the employee.
Mayor Abramowitz asked if this Ordinance allows, in addition, not only
to receive State money, but to allow the City to accept money from the
Sheriff's Office.
Mr. Mack agreed and said the City is on the line for benefits the City
is paying for.
C/M Schumann asked how many people this is referring to.
Mr. Mack said about fifty.
Mayor Abramowitz asked Mr. Mack to research this and is probably less.
VOTE:
ALL VOTED AYE
16. QRZX PUBLIC FORUM - Any member of the public who wishes
to address the City Council at this time must, in advance
of the item, give his/her name and address to the City
Clerk.
Melanie Reynolds expressed her concerns regarding the Charter Board.
(See attached)
Ellen Tomas expressed her concerns regarding the City's waste
removal and dumping rates.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 15
City Manager Kelly said there is no difference in rates as quoted by
Miss Tomas. He said all of Broward County, anyone using the landfill
is controlled by one source. He said the price is $39.00 pex ton for
the garbage taken to the landfill. He said Tamarac has about the lowest
rates in Broward County in terms of trash fees. He said the average
single-family unit pays $9.51 per month for trash removal. lie said
Broward County is paid on a yearly basis. He said Fort Lauderdale's
rate will go to $21.00 per month in October, 1990.
City Manager Kelly said the City was told by Waste Management, Inc., t
expect an increase of $46.00 in October. He said Waste Management als
said to expect another escalation to possibly $60.00 in June, X991. H
said the last report received from Waste Management, Inc., in writing,
stating the City residents would receive on October 1, 1990, only a cost
of living increase, as in the Consumer Price Index. He said there would
be no increase on October 11 1990; however, on June 1, 1991,'there will
be a dramatic increase to $62.50/ton.
City Manager Kelly said the City anticipated, as all municipalities
dealing with the garbage issue, there would be dramatic increases. He
said the City has been warning the residents that sooner or latter the
monies paying for water will be a bargain compared to waste fees. He
said this has been expected for some time. He said Waste Management,
Inc., controls the landfill, dictates the rates and the cost it rising.
Miss Tomas said the prices she quoted were from two different articles
on the same page, one was of Tamarac's rates and the other County rates.
Mayor Abramowitz said to look at the list of what all the cities in
Broward County pay for garbage removal, Tamarac pays the lowest figure.
TAPZ 3
Mayor Abramowitz said he serves on the Broward League of Cities
Legislative Committee and is one of the two Mayors who voted not to give
Waste Management any increase. He said the cities are fighting Waste
Management to the best of their ability. He said there is no option
or choice of where to go but Waste Management's landfill. He said
the people of Broward County have spent $500,000,000.00 for placing
the burning facilities on a bond issue and now Waste Management has
bought controlling interest in those facilities. He said Tamarac pays
the least amount for waste removal and Tamarac is the only city that
does not have a utility tax.
Mayor Abramowitz said Tamarac is far down on the tax rate list. He said
he feels the City of Tamarac does a magnificent job for the 4mount of
revenue brought into the City. He said the Budget for the City has been
pinched as close as it can be pinched. He said the Public Works
Department has five men cutting seven million square feet of grass every
month. He said this Council does everything to benefit the City.
City Manager Kelly invited Miss Tomas to his office to look ovar all
paperwork regarding waste removal rates regarding the misprint in the
newspaper articles comparing the County rates to the City rates.
Mayor Abramowitz asked Miss Tomas to visit City Manager Kell5,1s office.
C/M Rohr said because of the success in water conservation, many utility
departments have had to raise their rates due to income lowering. He
said the only problem the City has controlling the waste cost is the
City is reducing the wastestream by -recycling newspapers and eventually,
other things. He said the tonnage is where Waste Management is chargi
for "X" amount of pounds per resident in the City. He said this is ho
Waste Management arrives at their rates.
C/M Rohr said there is not a dollar spent in the City of Tamarac that
Council does not look at, question or cut out, if possible. He said
every Department Head reporting to Council must have a very good reason
or funding the request presented. He said when Washington, E.C. says no
taxes, they do not tell the people the revenue sharing to the :ities is
being cut. He said to pay for police and fire protection, monoy which
came from the Federal Government and the State before, now muus' come
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 16
from local taxes. He said Washington is reducing taxes and passing
the burden to the municipalities. He said police, fire, cleanup and
water services must be paid for. He said if these are not paid by the
Federal or State governments, it must come from local tax rates.
Miss Tomas said other local cities have reduced staff and she questioned
whether Tamarac will.
Mayor Abramowitz said one of the sister cities has eliminated 26
positions. He said they have eliminated their complete Engineering
Department. He said when they need an Engineer, required by law, they
come to and pay Tamarac. He said he would like to eliminate one of the
City's largest departments, Public Works; however, that cannot be done.
CfM Schumann - No Report.
CIN Rohr said regarding recycling, the idea
to work its condominiums was not successful
agreement. He said the City has decided to
condominiums in the City to prevent further
continue to be meetings and the next one on
time reports will be presented.
of the City getting grants
due to the City's interlocal
continue to set the various
delays. He said there will
September 14, 1990, at which
C/M Rohr said the condominiums have been divided into two groups. He
said Bernie Simms, Murray Friedman and himself have a group of eleven
condominiums. He said Dina McDermott, Bob Weinberger and Bill Strauss
have a group of ten. He said these groups will proceed setting all of
these condominiums with the hope that in December, 1990, when the five
cities receive the grant, the City of Tamarac will be able to use some
of the condominiums as a pilot program for the five cities.
C/M Bender said his major concern is seeking ways to generate additional
revenues. He said he has been seeking a Franchise Agreement Audit for
seven years. He said Tamarac is approximately twenty-five years old,
and he could not find any record of an audit on the City's Franchise
A%reements. He said during the 1990-1991 budget workshops this problem
was addressed by inclusion of a full time auditor to address this
pi�6rticula-r problem. He said there are many organizations to handle
these franchise agreements throughout the country. He said by doing
these a4aits, there can be a substantial increase of revenues and
recovered savings to benefit the City. He said there is•a great
potential by having the City's internal auditor going through these
records to recover monies.
VIM Hoffman said the Multi -Purpose Building is coming along beautifully.
He said this building will be an asset to the City. He said a
dedication is planned on November 27, 1990 and the Multi -Purpose
Building should be ready for use around that time.
Mayor Abramowitz -- No Report.
1$.
City Manager Kelly said in the Councils' absence, there was an
opportunity for the Director of Management Informations Systems
(Data Processing), to attend a conference at Cocoa Beach on the
system used by Council. He said he authorized travel and
attendance for her and requires reimbursement with NOTION TO
APPROVE by the Council, because whenever an employee travels out
of town overnight it must be approved by Council. He said the
amount is $250.40 for reimbursement and needs a MOTION to do so.
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 17
City Manager Kelly read NOTION TO A PAPVZ reimbursement to
Glenda Christian in the amount of $250.40 for expenses incurred at
the Cocoa Beach Conference.
C/M Rohr MOVED to APPROVE reimbursement, SECONDED by
* V/M Hoffman.
VOTE: ALL VOTED AYE
City.Mapager Kelly said on August 7, 1990, the City received
written confirmation from the Department of Natural Resources
authorizing the grant to the City of Tamarac for $150,000.00
to complete the funding for the Multi -Purpose Center. He
said instead of 90% and 10% retainage, they are dividing dt Ln'to half,
causing some difficulty purchasing equipment.
City Manager raLlly said the clean-up of Public Works
reimbursement to the City will also be eligible.
Mayor Abramowitz asked Dina McDermott if the grant from the State
regarding $150,000.00 is State --wide or something new.
Mrs. McDermott said the new program by the state is a quarterly payment
system. She said two payments have been worked out and handled.
19. CITY ATT0,RNXY_ _WPORTS
(;xfy_Attorney Ruf - No Report.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 10:55 A.M.
NORMAN ABRAMOW TZ
MAYOR
CAROL A. EVANS
CITY CLERK`S
"This public document was promulgated at a cost of $140.80 or $17,60 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."
CITY OF TAMARAC
AR VED AT MEETING OF
City Clerk
1
CITY COUNCIL REGULAR MEETING
8/22/90/KJ
Page 18
Although there is much talk about taking us into the 21st century,
it seems to me that since 1986 when the Tamarac Pao took over our city,
the city council is interested only in today. Tomorrow will come eventually
but today is here.
My example of what I am saying is John Kelly's treatment of our charter
board. Not only is the charter board part of our government but it's also
part of our tradition* The charter board is not within the city manager's
province, nor councils. It is within the province of the people.
I realize Mr. Kelly may have been influenced by Syd Stein who brought
his into our city* Sydi having used the charter board as a stepping stone
to council, turned on us with such hatred that it became almost impossible
for the charter board to function within city hall qo we went to the voters
and they amended the charter so that the board was= -entitled to use the city
hall facilities for its meetings and had the right to determine its awn
rules and order of business*
At the time the charter board was being harassed, the architects for
the new city hall were showing the layout of the new offices and we on the
charter board were gratified to see that the three rooms we enjoyed in the
old city hall were being assigned to us in the new city hall.
I understand that later on while we were still in the old city hall,
Mr* Kelly questioned . should there be a charter board? And it was a
shameful, dirty, unprofessional trick that was played on the charter board -
to shove them into a tiny box of an office instead of the three rooms
originally assigned to them*
UnfortunateI Mr. Kelly had had no experience with a charter board as
you can read in the minutes when he was being interviewed for the job in 1946
aad certainly he had no experience with our elected charter board as he came
In at the time Bruce Hoffman was chairman and started the charter board
going down hill until today it is a mere sitting committee*
But that is today* Tomorrow we may gain back a charter board that
ARTICLE 1. (See Page 15, August 22, 1990 Minutes -Public Fbrum)
wT- 1 A. Y■ / IF At f m /■ I
will protect the people's rights and be the forum for grievances ag-ai"t
the council and administration. The charter board should not be candemalad
because it is below ethical standards now - after all, so is council.
Beginning in 1986 more and more information and knowledge have beea
withheld From the public, more privileges taken away until today we have a
shadow government, one that is working independently of the people, us�isg
the peoples money and facilities as well as taking advantage of coancilts
refusal to comply with our laws and their ignorance of municipal. goverrmrat.
Since the charter board's secretary is not out of the city managvrus
or the city clerk0a office but is part of the charter board's staff, Mr,
telly does not have the authority to remove the charter board's secretary
sor decide on the amount the charter board wishes to pay their attorney.
Sor does council have any jurisdiction over the charter board's manner at
conducting their business. Nor does council have the justification or
authority to approve the charter board's budget as Mr. Relay has proporet.
You all have no authority over the charter board - only the people #m.
C
[,.I CL%
1
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