The URL can be used to link to this page

Home My WebLink About1993-09-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 22, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, September 22, 1993, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. pl.� OF ALLEG,T; Mayor Bender called for the Pledge of Allegiance. PRESENT: Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz (Arrived at 10:10 a.m.) Councilman Joseph Schreiber Councilman Henry Schumann John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, Acting City Clerk Phyllis Polikoff, Secretary ****************************************************************** 15. M.OTIQU TO ADOPT T2=. R2so. #6545 amending the rates and charges applicable to TAMARAC UTILITIES WEST. SYNOPSIS, Qr ACTION; REMOVED from Agenda by City Manager Kelly. Mr. Kelly requested Temp. Reso. #6545 be removed from the agenda. C/M Schreiber MOVED to REMOVE, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 16, amending the rates and charges applicable to TAMARAC UTILITIES EAST. SYNOPSLj_QF ACTION! REMOVED from Agenda by City Manager Kelly. Mr. Kelly requested Tamp. Reso. #6546 be removed from the agenda. C/M Schreiber MOVED to REMOVE, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 21. MQTQN TO APPROVE forced air burning on Land Section 8 pursuant to Section 7-54 of Code. FINAL ACTION: AGENDIZED by Consent. (See Page 6 for Final Action) V/M Katz MOVED to AGENDIZE, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 1• PRESENTATION by City Manager Kelly of five --year service awards to: Rita Berrios Vince Calamia Public Services Department Purchasing City Manager Kelly presented the employee service awards. 2• EBEMMION by Mayor Bender of a proclamation designating October 3--9, 1993, as "NATIONAL FIRE PREVENTION WEEK". City Council Meeting Wednesday, 9/22/93/PP Page 2 SYNOPSIS OB' ACTION, The proclamation will be mailed. Mayor Bender read the proclamation and advised it would be mailed. 3. PRESENTATION by Mayor Bender of a proclamation designating October, 1993, as "DOMESTIC VIOLENCE AWARENESS MONTH". FINAL ACII The proclamation will be mailed. Mayor Bender read the proclamation and advised it would be mailed. 4. ANNOUNCEMENT of the expiration of the terms of office for positions on the following boards and committees: Board of Adjustment Code Enforcement Board Consumer Affairs Committee Insurance Advisory Board Investment Advisory Committee Parks and Recreation Board Public Information Committee Social Services Board Urban Forestry Committee Veterans Affairs Committee If any Tamarac resident is interested in serving on any board or committee, please contact the office of the City Clerk for an application. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's Office. Present board and committee members shall serve until appointments are made by Council. f] 5. 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. SYNOPSIS OF ACTION: (See Page 6) Mayor Bender requested Public Participation be held at a later time. 6. Items listed under Consent Agenda, Item 6, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO ADOPT Tema. Reso_ #6536 recognizing October 3-9, 1993, as City Government Week and encouraging all citizens to support the celebration and corresponding activities. RESOLUTION R-93-113-PASSED APPROVED City Council Meeting Wednesday, 9/22/93/PP Page 3 E b. amending Resolution R-88-272 to include the position of Comptroller within the Executive/Managerial Salary and Benefit Plan. SYNOPSIS OF ACTION: RESOLUTION R-93-114-PASSED APPROVED C. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 8/11/93 - Regular Meeting 2. 8/25/93 - Regular Meeting SYNOPSIS OF ACTION: APPROVED 6.c.1. and 6.c.2. z ' • d. MOTION TO ADOPT T = . Reso. #6538 approving release of Warranty Letter of Credit 16583 in the amount of $7,542.50 posted for the water distribution system improvements at KINGS POINT RECREATION COMPLEX. RESOLUTION R-93-115-PASSED e. MOTION TO ADOPT Tem2. Reso. #6539 approving release of Performance Bond No. FL-SB-1437 in the amount of $258,000 posted for public improvements at the WATERS EDGE project subject to receipt of a one-year warranty bond in the amount of $48,431.43. f. MOTION TO APPROVE Agreement for the HOUSE project. 4 UO - .: • , Z• r RESOLUTION R-93-116-PASSED a Water and Sewer Developers WOODLANDS COUNTRY CLUB HALFWAY g. MOT.TQN TO APPROVE a Water and Sewer Developers Agreement for the PLUM BAY (LAND SECTION 8), PHASE I, project (single-family). h. H=10N = ARPROVE a Water and Sewer Developers Agreement for the PLUM HARBOR (LAND SECTION 8), PHASE I, project (multi -family). �'�; t• • : AQTJQZ APPROVED i. MOTION _TQUPROVE the attendance of the Risk Manager at the Florida Public Risk and Insurance Managers Association (PRIMA) Conference October 27- 30, 1993, in Gainesville, Florida. APPROVED City Council Meeting Wednesday, 9/22/93/PP Page 4 C/M Schreiber MOVED to APPROVE Consent Agenda Items 6.a.through 6.i., SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 7. MOTION TO APPROVE. renewal of the Humana Group Health Insurance Program effective 11/1/93. SYNOPSIS OF ACT ION : APPROVED C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. Mr. Kelly said HMO rates remained the same but the PPO rate increased 5%. VOTE: ALL VOTED AYE 8. MOTION TO APPROVE, renewal of the following insurance programs through Arthur J. Gallagher & Co: Excess liability, Excess Workers' Compensation, Federal Flood, Boiler and Machinery, Accidental Death and Dismemberment and Public Official Bond. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. Mr. Kelly said the annual premium remained the same but a 2% Florida State surcharge was added to Boiler and Machinery. C/M Schreiber questioned the $11,000 for Risk Management Services, and whether brokerage fees would be paid if the City joined the Florida League of Cities. Kay Mitchell, Risk Manager, said $11,000 represented net commission premiums and no brokerage fees with the Florida League of Cities. He said that premiums for property were lower than the Florida League of Cities. VOTE: ALL VOTED AYE 9. authorizing the appropriate City officials to execute an agreement with Florida League of Cities, Inc., Public Risk Services, to provide property insurance coverage for the City's real and personal property. SYNOPSIS OF ACTION: APPROVED RESOLUTION R-93-117--PASSED City Attorney Kraft read Temp. Reso. #6535 by Title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6535, SECONDED by C/M Schumann. There was no discussion. VOTE: ALL VOTED AYE u 1 City Council Meeting Wednesday, 9/22/93/PP Page 5 10. MOTION TO ADOPT_T=R__Reso_ #6556 authorizing the appropriate City officials to execute a Revocable License Agreement with Broward County for median improvements on Nob Hill Road from McNab Road to NW 80 Street. SYNOPSIS OF ACTION: RESOLUTION R--93-118-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6556 by Title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6556, SECONDED by C/M Schumann. Discussion was held on the Cancellation Clause and City Attorney Kraft said the City could terminate the contract at any time but that Broward County maintained the median. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT Tema_ Reso_ #6540 increasing the monthly rate for multi -family solid waste service by $.34 per yard effective 10/1/93. RESOLUTION R-93-119-PASSED City Attorney Kraft read Temp. Reso. #6540 by Title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6540, SECONDED by C/M Schumann. Discussion was held on the $.34 increase and Mr. Kelly said Resource Recovery determined the formula and Thelma Fagelbaum, Deputy Finance Director, calculated the figure which was contingent on the Tipping Fees. Further discussion followed on the vendor. VOTE: 12. MOTION TO ADOPT Tema. Reso. #6541 increasing recycling rates in order to expand the single-family and multi -family recycling program. 4U0 •: •, F-AWIZAP"T9 RESOLUTION R-93-120-PASSED City Attorney Kraft read Temp. Reso. #6541 by Title. C/M Schumann MOVED to APPROVE Temp. Reso. #6541, SECONDED by C/M Schreiber. C/M Schreiber questioned the recyclables and when the program would begin. Mr. Kelly said the expanded program would begin November 15 with the vendor's vehicles and literature would be mailed to the residents. Discussion followed on fees for multi- family units. Harold Carter, representing All Service Refuse, said the multi- family units would collect recyclable newspapers, three colors of glass, Types 1, 2 and 3 plastic, aluminum, steel and bi-metal cans. He said single-family units would recycle the same as multi -family units with the exception of newspapers. He said the City would receive 55% of the revenue from the multi -family units but nothing had been received to -date. VOTE: ALL VOTED AYE 21. moTi TO APPROVE forced air burning on Land Section 8 pursuant to Section 7-54 of Code. City Council Meeting Wednesday, 9/22/93/PP Page 6 ,FINAL ACTION• AGENDIZED by Consent (Page 1) APPROVED with the condition that the Fire Department would monitor the procedure on a daily basis. Mr. Kelly said Pulte Homes would clear the land by Forced Air Burning which was environmentally safe and it would create less smoke. Tim Hernandez, Vice President of Land for Pulte Homes, agreed, and said the alternative was very costly. He said the Fire Department had to approve the location and would monitor the burn daily. Discussion followed on the homes adjacent to Land Section 8 and the eight -foot deep trench. C/M Schreiber asked if Pulte Homes would stop the Forced Air Burning if there were enough complaints. Mr. Hernandez said, yes. VOTE; ALL VOTED AYE PIIBLIC PARTICIPATION 5. PIIBLI 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. SYNOPSIS OF ACTION• (See Page 2) Nathan Peretzman, resident, withheld his comments because C/M ,Abramowitz was not present. Isaac "Zeke" Feldman, resident, voiced his comments pertaining to violation of Section 5.04(h) relating to accounts, audits and reports from City Officials and departments. Sheldon Fruchter, Lime Bay resident, expressed his concerns about hurricane shutters. C/M Schreiber said the State adopted Hurricane legislation and Mr. Fruchter should contact Senator Peter Weinstein for further information. TAPE 2 Public Services_ Department 13. MOTION TO ADOPT T=g.Reso. #6543 establishing the Equivalent Residential Unit (ERU) for a Stormwater Management Utility. Discussion was held. (See Page 8 for Final Action). City Attorney Kraft read Temp. Reso. #6543 by title. Mike Couzzo, Assistant City Manager and Director of Public Services, said the Resolution established an equivalent residential unit and square footage so fees could be assessed for the Stormwater Management Utility. Discussion followed on the amount of homes totalling 1,830 square feet. Mr. Kelly said driveways and patios were included but were areas that did not percolate. Mr. Kelly said the Engineers looked at site plans, identified impervious areas and determined the average and he could not state that everyone should be charged $2.00 but a formula had to be established. City Council Meeting Wednesday, 9/22/93/PP Page 7 14. MOTION TO ADOPT Tema. Reno. #6544 establishing the monthly fee to be paid for a Stormwater Management Utility and establishing a petition fee for administrative appeal. SYNOPSIS Off' ACTION; Discussion was held. (See Page 9 for Final Action). City Attorney Kraft read Temp. Reso. #6544 by title. Mr. Couzzo said the Resolution established $2 per month per one equivalent residential unit (ERU), $3.18 per acre for undeveloped properties and $50 for Administrative expenses. V/M Katz expressed his comments regarding the deposit paid by residents east of University Drive because those areas were not served by the City of Tamarac as a water purveyor. He said one area of the City should not be penalized if other areas were not. Mr. Kelly suggested amending the language to "public water" instead of "City" because "city" might be interpreted as the City of Tamarac. Mr. Kelly asked Jo Wright, Tamarac Lakes North resident, who billed her for utilities. Ms. Wright said the City of Tamarac billed everyone on the east side and they paid fees to the City of Fort Lauderdale. Mr. Kelly said the Pritzger property was not billed monthly for water and sewer services and a formula should be established for payment. He said some areas of Section 7 were not serviced or billed and Mayor Bender suggested that Page 8, Item E, be revised to include Mr. Kelly's suggestions to amend the Contract language to "public water" instead of "City" because "city" might be interpreted as the City of Tamarac. C/M Schumann asked if Fort Lauderdale water was public water and Mr. Kelly said, yes. Discussion followed on the Contract language and City Attorney Kraft read Page 8, Section E of the Contract and recommended amending the language to, "The owner of property that is not billed for water and/or sewer service by the City shall be required to pay the City a Stormwater Management Utility Fee depos# in the amount equivalent to one-year of fees for the property". City Attorney Kraft referred to Paragraphs F-a, b, c, d, and a on Page 8 which reiterated Section 22-127 of the Code and he suggested the language should be amended to, "Utility service may be discontinued pursuant to Tamarac Code Section 22-127 for non- payment of Stormwater Utility fees". Mr. Couzzo agreed. Mayor Bender RECESSED the meeting at 9:56 a.m. and it was RECONVENED at 10:02 a.m. with ALL PRESENT. AdmiIIf St "at ive 17. MLIC HEARING - on second reading creating a new Article IV of Chapter 22 of the Code establishing the Stormwater Management Utility and providing for procedures, enterprise funding and rates relative thereto. (Tabled 9/8/93) SYNOPSIS OF ACTION: ORDINANCE 0-93-24-PASSED Public Hearing was held. APPROVED on second and final hearing as amended. Mr. Kraft read Temp. Ord. #1660 by title. City Council Meeting Wednesday, 9/22/93/PP Page S C/M Schreiber MOVED APPROVAL on Temp. Ord. #1660, SECONDED by C/M Schumann. Jo Wright, representative of the 'Tamarac Presidents Council, said the Presidents Council supported the revised Ordinance and she apologized for opposing the original Ordinance. She said the Presidents Council was concerned about Item E, Page 4, and questioned why dormitories were excluded from the Contract. V/M Katz suggested Ms. Wright refer to Item G and discussion followed on whether dormitories were considered residential or commercial. EDITORS NOTE: C/M Abramowitz arrived at 10:10 a.m. Ms. Wright asked if the ordinance addressed maintenance clean-up of waterways and lakes. V/M Katz suggested Ms. Wright refer to Item I, Page 4. Mayor Bender said the City would maintain all waterways and he suggested "including waterways" be incorporated in the Ordinance. Mr. Kelly agreed,and discussion followed on canal vegetation maintenance, waterways and infrastructure. Herb Hayes, resident of Tamarac Section 20, commented on developed property, impervious areas, residential and non-residential properties, dormitories, hospitals and the Land Use Code. Mr. Couzzo said not every specific situation was identified but fees would be applicable to non-specific items and indicated as "not limited to". Mayor Bender CLOSED the Public Hearing with no further response. C/M Abramowitz questioned the Enterprise Fund and whether it could be used for other uses. Mr. Kelly said, no. VOTE: ALL VOTED AYE EDITORS NOTE: V/M Katz left the Meeting at this point. 13. establishing the Equivalent Residential Unit (ERU) for a Stormwater Management Utility. SYNOPSIS OF ACTION, RESOLUTION R-93-121-PASSED APPROVED (Discussed on Page 6) Mr. Kraft read Temp. Reso. #6543 by title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6543, SECONDED by C/M Schumann. Mr. Couzzo said Temp. Reso. #6543 established one Equivalent Residential Unit (ERU) as 1,830 square feet. VOTE: C/M Abramowitz - AYE C/M Schumann - AYE C/M Schreiber - AYE V/M Katz - ABSENT Mayor Bender - AYE 14. MOTION TO ADOPT Tema. Reso. #6544 establishing the monthly fee to be paid for a Stormwater Management Utility and establishing a petition fee for administrative appeal. SYNOPSIS OF ACTION: RESOLUTION R-93-122-PASSED APPROVED (Discussed on Page 9) Mr. Kraft read Temp. Reso. #6544 be title. 1 City Council Meeting Wednesday, 9/22/93/PP Page 9 Ll C/M Schreiber MOVED to APPROVE Temp. Reso. #6544, SECONDED by C/M Schumann. Mr. Couzzo reiterated the fees and said associations in multi- family dwellings were charged. Discussion followed on assessments of vacant units and impervious surface areas. C/M Abramowitz questioned the billing for a 50-unit association if the said association had vacancies. Mr. Couzzo said the association would be billed for 50 units because vacancies still impacted canals, waterways and the Stormwater system. VOTE: C/M Schumann - NO REPORT C/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz - ABSENT Mayor Bender - AYE C/M Schreiber sent well wishes to Staff members who were leaving. C/M Abramowitz said he met with Governor Chiles and they discussed the ELMS Law, which would have a financial impact on the City. Mayor Bender - NO REPORT 19. city Atto,rnev City Atttorney Kraft - NO REPORT 20. Citx XAn&g r City Manager Kelly said Thelma Fagelbaum would be appointed Acting Finance Director and a Special Meeting should be scheduled to act on Items 15 and 16 which were removed from today's agenda. He said another meeting should be scheduled to discuss canal clean --up and the Broward League of Cities should be advised of the problem regarding homeless people. Mayor Bender ADJOURNED the Meeting at 10:30 a.m. H.OK. Bender Mayor Carol A. Evans City Clerk - u - CITY OF TAXARAC APPROVED AT MEETING OF / �-'f93 �- 1 1