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Home My WebLink About1991-09-25 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 RECORD OF COUNCIL ACTION$/DISCUSSIONS CITY OF TAMARAC CITY -COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, SEPTEMBER 25, 1991 CALL TO •;D• 11 ANNOUNCEMENT OF TIME ALLOCATIONS - MOXIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. 1. a. PRESENTATION by Mayor Abramowitz of a five-year service award to John P. Kelly, City Manager. b. PRESENTATION by City Manager Kelly of ten-year service awards to: Min Wander Public Services Department Paul Kelly Fire Department Paul Kinney Fire Department Rex Van Mehren Fire Department Jeffrey Wasylink Fire Department C. PRESENTATION by City Manager Kelly of five-year service awards to: Nancy Ramoni Phyllis Shuty Scott Anderson Joseph Hughes Ronald Knauff Anthony Morton Millie Hammel Kathy Calabria Denise Krapf Leonard Kitchman City Clerk's Office Public Services Department Public Services Department Public Services Department Public Services Department Public Services Department Code Enforcement Department Personnel Department Customer Service/Finance Building Department ,. resentations were made for l.a., l.b., and l.c. .the following employees were not present to accept their awards: Paul Kinney Fire Department Jeffrey Wasylink Fire Department Anthony Morton Public Services Department Leonard Kitchman Building Department 9/25/91 Page 1 2. PRESENTATION by Mayor Abramowitz of a proclamation designating October 6--12, 1991, as "FIRE PREVENTION WEEK". FINAL ACTION: Presentation was made by Mayor Abramowitz to Acting Fire Chief Jim Budzinski and Lieutenant Dennis Peloso. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating October 6-12, 1991, as "RESPIRATORY CARE WEEK". _FINAL ACTION Presentation was made by Mayor Abramowitz to Mary Ann Yanoviak of University Hospital. 4. PRESENTATI.ON by Mayor Abramowitz of a proclamation designating October, 1991 as "SPINAL HEALTE MONTE". FINAL ACTION: Presentation was made by Mayor Abramowitz to Dr. Judy Jacobs. 5. PRR!S NT TTTONi by Mayor Abramowitz of a proclamation designating October 7-11, 1991, as "FLORIDA CITY GOVERNMENT WEEK". FINAL ACTION• Presentation was read into the record by Mayor Abramowitz and will be mailed. 6. ANNOUNCEMENT of vacancies existing on the following boards and committees: Forestry Committee 2 positions Consumer Affairs Board (alternate) 1 position Insurance Advisory Board 1 position If any Tamarac resident is interested in serving on any of the above volunteer boards or committees, please contact the office of the City Clerk for an application. FINAL ACTION•_ Announcement was made. 7. PUSLTC 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. 11 1 9/25/91 Page 2 Ll 8. Items listed under Consent Agenda, Item 8, 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• authorizing the Tamarac Lions Club to conduct its 4th Annual Walk -A -Than on Saturday, February 8, 1992, at 7:30 a.m., on a portion of the Tamarac Recreation Facility site. RESOLUTION R-91-166-PASSED b. MOTION TO ADOPTPT Temgi1eso_ #fiJ32. releasing performance and payment bond #9051-0181 in the amount of $9,969.72 posted for parking improvements at the TAMARAC MULTI -PURPOSE CENTER subject to receipt of a one-year warranty bond in the amount of $2,492.43. RESOLUTION R-91-167-PASSED C. MOTION ,TO ADOPT TempiReso. #f to amend Letter of Credit #P4560 from Sun Bank in the amount of $55,068.00 to reduce the amount by $40,062.75 to $15,005.25 in order to commence the one-year warranty period for public improvements at WALGREENS WOODMONT SHOPPES. 4 0 ;" vVfflwM 0• F."WWWASIM21 RESOLUTION R-91-168-PASSED 9• a• to approve a plat entitled TAMARAC 1299 LAND TRUST PLAT. b. XQT1 'L-10 ADOPT Te R. Rono- #6,1-11, to approve Development Order #280 along with a Development Review Agreement and a Blanket. Public Safety Ingress/Egress Easement for TAMARAC 1299 LAND TRUST PLAT. (located south of McNab Road and east of proposed Hiatus Road) RESOLUTION R-91-169-PASSED FINAL &CZLQML RESOLUTION R-91-170-PASSED 9.a. and 9.b. APPROVED 10• authorizing the appropriate City officials to execute an agreement with Susan M. Tillman for consultant services in the areas of Risk Management, Asset Protection, Safety, Insurance and Employee Benefits. FINAL ACTION: RESOLUTION R-91-171-PASSED APPROVED 9/25/91 Page 3 11. - to adopt a Five --Year Capital Improvement Plan for Fiscal Years 1991/92 through 1995/96. RESOLUTION R-91-172-PASSED Public Hearing was held. APPROVED END OF PUBLIC HEARING 12, on first reading to amend Article III of Chapter 16 of the Code to redefine those City officials and employees whose participation in the Pension Plan is optional. , 13. City Council 14. City Mana iz The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. A-1 - Limited Agricultural B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional LI-1- Light Industrial R-1 - Single Family Residence RB-1 & R-IC- One Family Dwelling Carol A. Evans City Clerk R-2 -- Two Family Dwelling R-3 - Low Density Multiple R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi Family RM-10- Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park 9/25/91 Page 4 City Council Regular Meeting 09/25/91/KJ Page 1 11 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMSER 25, 1991 GALL TO f^% Mayor Abramowitz called this meeting to order on Wednesday, September 25, 1991 at 9:00 a.m. in the Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation for the passing of Ann Scharnoff and for Zeke Feldman of the Charter Board, who was involved in an automobile accident. Mayor Norman Abramowitz Councilwoman Diane Glasser Councilman Irving Katz Vice Mayor Dr. Larry Bender Councilman Henry Schumann. John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary INTRODUCTION 1. a. XBZ§ZZTAZ= by Mayor Abramowitz of a five-year service award to John P. Kelly, City Manager. b. PUSENTATION by City Manager Kelly of ten-year service awards to: Min Wander Public Services Department Paul Kelly Fire Department Paul Kinney Fire Department Rex Van Mehren Fire Department Jeffrey Wasylink Fire Department C. pRgERIAT3ON by City Manager Kelly of five-year service awards to: Nancy Ramoni Phyllis Shuty Scott Anderson Joseph Hughes Ronald Knauff Anthony Morton Millie Hammel Kathy Calabria Denise Krapf Leonard Kitchman City Clerk's Office Public Services Department Public Services Department Public Services Department Public Services Department Public Services Department Code Enforcement Department Personnel Department Customer Service/Finance Building Department Presentations were made for 1.a., 1.b., and 1.c. The following employees were not present to accept their awards: Paul Kinney Fire Department Jeffrey Wasylink Fire Department Anthony Morton Public Services Department Leonard Kitchman Building Department City Council Regular Meeting 09/25/91/KJ Page 2 2. PRESENTATION by Mayor Abramowitz of a proclamation designating October 6-12, 1991, as "FIRE PREVENTION WEEK". SYNOPSIS OF ACTION! Presentation was made by Mayor Abramowitz to Acting Fire Chief Jim Budzinski and Lieutenant Dennis Peloso. Mayor Abramowitz read the proclamation into the record and presented it to Acting Fire Chief Jim Budzinski and Lieutenant Dennis Peloso. Acting Fire Chief Jim Budzinski expressed his appreciation and informed the public that the fire prevention program has been extended for two weeks. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating October 6-12, 1991, as "RESPIRATORY CARE WEEK". SYNOPSIS _ OF AQT_ION: Presentation was made by Mayor Abramowitz to Mary Ann Yanoviak of University Hospital. Mayor Abramowitz read the proclamation into the record and presented it to Mary Ann Yanoviak of University Hospital and she expressed her appreciation. 4. P1Ct77SENTATION by Mayor Abramowitz of a proclamation designating October, 1991 as "SPINAL HEALTH MONTH". Presentation was made by Mayor Abramowitz to Dr. Judy Jacobs. Mayor Abramowitz read the proclamation into the record and presented it to Dr. Judy Jacobs and she expressed her appreciation. 5. PRESENTATION by Mayor Abramowitz of a proclamation designating October 7-11, 1991, as "FLORIDA CITY GOVERNMENT WEEK". S.YNQPSj§ OF^ ACTION+ Presentation was read into the record by Mayor Abramowitz and will be mailed. Mayor Abramowitz read the proclamation into the record and stated that due to the absence of a recipient, the proclamation will be mailed. 6. ANNQUXCEMXNT of vacancies existing on the following boards and committees: Forestry Committee 2 positions Consumer Affairs Board (alternate) 1 position Insurance Advisory Board 1 position If any Tamarac resident is interested in serving on any of the above volunteer boards or committees, please contact the office of the City Clerk for an application. Announcement was made. City Council Regular Meeting 09/25/91/KJ Page 3 7. pr zr - PART=„C=P ION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Nathan Peretzman, resident, expressed his concerns regarding the Medics Ambulance contract. He said he feels sections of the new contract must be rewritten if Tamarac intends to continue with the free ambulance service. He said he feels the contract should be written clearly in detail so that people understand it. Melanie Reynolds, resident, expressed her concern regarding the price of the City Code and that the City should amend the Ordinance instead of amending the Code. Walter Rekuc, resident, expressed his concerns regarding the Medics Ambulance Service contract. Hyman Fox, resident, expressed his concern regarding the money that was found in the budget to reduce the taxes. Irving Lopatey, resident, expressed his concerns regarding the Bingo Vendor Law, which is to be effective on October 1, 1991. He said there are license fees to be paid to the State but Paragraph 17 of the Law states that the regulation of Bingo being conducted in Florida is preempted to the State, except in County and Municipal Zoning Ordinances. He asked if the $25.00 fee that the City charges has been cancelled. Mayor Abramowitz said he was told that there had been a determination made which has been changed. C/W Glasser said she asked Senator Peter Weinstein to hold a Town Meeting to discuss this. She said Senator Weinstein assured her that they are in Committee and are trying to make some serious changes. She said the fee is not due until January 1, 1992 and the fee should not be paid at the present time. She said Senator Weinstein will visit Tamarac at that time to explain the Bingo Law. Mayor Abramowitz said he was told by Senator Weinstein's office yesterday not to do anything at this time and do not send any money to the City at this time. Florence Bochenek, resident, expressed her appreciation for C/W Glasser's response to a question. 1 City Council Regular Meeting 09/25/91/KJ Page 4 8. Items listed under Consent Agenda, Item 8, 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 X=- Reno. #6139 authorizing the Tamarac Lions Club to conduct its 4th Annual Walk-A-Thon on Saturday, February 8, 1992, at 7:30 a.m., on a portion of the Tamarac Recreation Facility site. ,•' •A4*040ROR F.1199*011PAWr RESOLUTION R-91-166-PASSED b. MOTION TO ADOPT Tj=.___Reso_ #6132 releasing performance and payment bond #9051--0181 in the amount of $9,969.72 posted for parking improvements at the TAMARAC MULTI -PURPOSE CENTER subject to receipt of a one-year warranty bond in the amount of $2,492.43. RESOLUTION R-91-167-PASSED c. to amend Letter of Credit #P4560 from Sun Bank in the amount of $55,068.00 to reduce the amount by $40,062.75 to $15,005.25 in order to commence the one --year warranty period for public improvements at WALGREENS WOODMONT SHOPPES. SYNOPSIS OF AC11QU RESOLUTION R-91-168-PASSED APPROVED C/M Katz MOVED to APPROVE the Consent Agenda, SECONDED by C/W Glasser. "914A a ALL VOTED AYE 9. a. MOTION TO ADOPTwTemn. Reso. #6140 to approve a plat entitled TAMARAC 1299 LAND TRUST PLAT. b . MQ-TION TO ADOPT Tema Reso- _4_6131 to approve Development Order #280 along with a Development Review Agreement and a Blanket Public Safety Ingress/Egress Easement for TAMARAC 1299 LAND TRUST PLAT. (located south of McNab Road and east of proposed Hiatus Road) RESOLUTION R--91-169-PASSED SYNOPSIS OF ACTION: RESOLUTION R--91-170-PASSED 9.a. and 9.b. APPROVED 9.a. City Attorney Ruf read Temp Reso. #6140 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6140, SECONDED by C/M Katz. Kelly Carpenter, Director of Community Development, said this is an application by the 129`9 Land Trust for final plat approval for the 1299 Land Trust Plat. She said this is a 12.99 acre site in the northeastern City Council Regular Meeting 09/25/91/KJ Page 5 portion of Land Section 7, located south of McNab Road and east of the proposed Hiatus Road, south and west of the existing Sun Island Plaza. She said the parcel to the north is platted and the access will be provided along the west side of Hiatus Road. Ms. Carpenter said at the time of platting, the road is not actually required to be put in place. She said provision for the road through the plat by way of dedicating the land for the road is put in at the time of platting. She said the requirement for the actual road will need to be there at the time of site plan. Ms. Carpenter said the site is designated Industrial on the Land Use Plan and properly zoned LI-1. She said this application complies with all of the elements of the Comprehensive Plan. She said the Site Plan and Plat Committee and the Planning Commission have recommended approval of this plat. She said the applicant has submitted all of the required documents and has paid all of the required fees. She said the Staff has recommended approval subject to all of the Findings of Fact in the Staff report. She said the applicant is present. C/M Katz asked if there has been a paved road at that location or any of the requirements prior to the reading of this final plat. Ms. Carpenter said this Is a Broward County comment and at present there is not a paved road and the applicant is providing for the right--of-way for Hiatus Road, which is required by the County and the City. C/M Katz asked if the Fire Department or the BSO require any means of getting from one side to the other or to the proposed Hiatus Road. Ms. Carpenter said, yes; however, that is a site plan issue and is not on the table at the present time. She said they cannot place anything on this parcel until they reach site plan. VOTE: ALL VOTED AYE 9.b. City Attorney Ruf read Temp. Reso. #6131 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6131, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 10• authorizing the appropriate City officials to execute an agreement with Susan M. Tillman for consultant services in the areas of Risk Management, Asset Protection, Safety, Insurance and Employee Benefits. F ,• • •� APPROI. • RESOLUTION R-91-171-PASSED City Attorney Ruf read Temp. Reso. #6137 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6137, SECONDED by C/W Glasser. City Manager Kelly said this is a contract with Susan M. Tillman, Risk Manager, which provides for her consultant services in the areas of Risk Management for the City. He said she received no benefits from the City last year as a contract employee. He said last year she received a $40,000 salary for working 20 hours per, week for a 50 week period. He said she had requested an increase from the rate of $40.00 per hour to $45.00 per hour which was negotiated and settled at the rate of $45.00 per hour, but reducing the number of weeks from 50 weeks to 48 weeks. He said the total increase to the contract is $3,200. City Council Regular Meeting 09/25/91/KJ Page 6 TAPE 2 City Manager Kelly said Ms. Tillman has saved the City a great deal of money and he feels this increase is well deserved. VOTE: ALL VOTED AYE Personnel De2AXtMgQtLZenaion-----Bt"Lrd 12. MOTION TO ADOPT Temp_ Ord_ #1564 on first reading to amend Article III of Chapter 16 of the Code to redefine those City officials and employees whose participation in the Pension Plan is optional. r City Attorney Ruf read Temp. Ord. #1564 by title. C/W Glasser MOVED to APPROVE Temp. Ord. #1564, SECONDED by C/M Katz. City Manager Kelly said this impacts Department Heads and employees who are in certain classifications for appropriation and exclusion from the City's Pension Plan. He said Department Heads and other City officials in this category seldom remain with a municipality or elect to leave a municipality without vesting. He said it is to their advantage to have a more flexible Pension Program. He said the Assistant City Manager and the Public Services Director positions are in this category. City Manager Kelly said the Actuary reports that there is no adverse impact on the Pension Plan by permitting these people to opt out of the Pension Plan. C/M Katz asked what the alternative is and are their other privileges that will be allowed. City Manager Kelly said the contribution that the City would ordinarily make will go to Deferred Compensation. He said they would continue to have all of the same requirements as if they were to be in the Plan. Mayor Abramowitz asked how often these people can make this choice and City Manager Kelly said this choice can only be done once. C/M Katz asked if this will cause a problem with a rapid turnover of employees to come into the City to learn the trade and then leave. City Manager Kelly said the reverse is also true that they will not come because they are not afforded that flexibility. He said this would be an opportunity to attract people. C/W Glasser asked what will happen to the contribution that the City would be making to the Pension Plan and City Manager Kelly said it would be going to Deferred Compensation and will not go to that individual. City Attorney Ruf said once an individual elects to opt out of the Pension Plan, it is irrevocable. Melanie Reynolds, resident, asked why the people who opt out of the Plan are not removed from the Pension Board. She said she does not understand how they have the ability to make decisions regarding the Pension Plan when they do not participate. Mayor Abramowitz said he would rather have anyone on the Pension Board who does not have a vested interested in what is happening with the Pension Plan. City Council Regular Meeting 09/25/91/KJ Page 7 I� I G C/W Glasser said she feels that V/M Bender and C/M Schumann's input on this item is important and City Manager Kelly said this item can be postponed. C/W Glasser MOVED to TABLE Item 12, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 13. City Counnil C/M Katz - No report. C/W Glasser - No report. Mayor Abramowitz read a letter of confirmation from University Hospital regarding the free flu shots to the residents. He said there will be pre -registration and the shots will be given all on one day. He said this is a wonderful service being provided to the City. C/W Glasser said the clock seems to be upsetting everyone. She said she understands the reason for the clock; however, more time has been wasted due to the clock. She said she feels it would be helpful when there is a room full of people to limit them within a reasonable time. She suggested that if any resident has a serious problem, they should gather all the correct information and visit Council to discuss it prior to bringing it before the public. Mayor Abramowitz said he feels it would be dangerous to use the clock selectively. He said a clock is used in most of the cities and the primary reason for the clock is due to remarks from Council as to the length of time the people are using. He said he feels that everyone is entitled to their three minutes. 14. City „Ma,naa= City Manager Kelly said there will be a Special Council Meeting on Friday, September 27, 1991 at 1:30 p.m. with MA$ to discuss franchises. He said Mr. Cohen of Medics Ambulance Service will be available to meet with Council regarding the ambulance contract. He requested Council make a decision as to when that meeting is to be held. He said the City's Finance Department is reviewing their books at the present time and will have some recommendations shortly. City Manager Kelly said the City's counter offer has been sent to the Jehovah's Witnesses on the old City Hall and there has not been a response back from them. He said if this sale is made and the $525,000 becomes available to the City, Council will hold Public Hearings to amend the budget. 11.Temg.to adopt a Five -Year Capital Improvement Plan for Fiscal Years 1991/92 through 1995/96. SYNOPSIS OF ACTION@ Public Hearing was held. APPROVED RESOLUTION R-91-172-PASSED City Attorney Ruf read Temp. Reso. #6138 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6138, SECONDED by C/W Glasser. City Manager Kelly said this is the Five -Year Capital Improvement Fund that is required by the Charter and is the same one that was read at the previous Council meeting. He said it has the same information that was City Council Regular Meeting 09/25/91/KJ Page 8 published in the newspaper regarding road improvement, storm drainage and retention areas, lift stations and other such capital improvements. Mary Seidel, resident of Kings Point, said there is a section west of NW 61 Place that has a serious flooding and drainage problem and requested Council give this area consideration for correcting this problem. C/M Katz asked if this Five -Year Capital Improvement Fund will need to be readopted at the time Council decides to allocate a portion of the $525,000 if it becomes available to capital improvement and City Manager Kelly said no, this is to show that a certain amount of money is needed to accomplish this purpose. City Manager Kelly said this can be amended on an annual basis whenever it is necessary. Walter Rekuc, resident, said he feels that a five-year projection should be budgeted over the five years showing how much is needed per year. Mayor Abramowitz said the purpose of this is to adopt the Five -Year Capital Improvement Fund from 1991 through 1996. He said the items need to be budgeted by priority.. Melanie Reynolds, resident, said the public would like to see this budgeted by year to show how much is being spent and for what. Mayor Abramowitz said at the advent of the Comprehensive Land Plan, where the City had to issue a Master Plan to the State for the next ten years without the knowledge of where the money was to come from, is the same as a budget. He said if the City knew that a couple of the pump stations requiring $700,000 would not be needed for servicing until. the Year 1995, he would agree with budgeting by the year. He said this Five - Year Capital Improvement Fund adheres to the Law and states the priorities that the City feels will have to be addressed during the five year period. C/M Katz said a good portion of these projects have been completed or are in the process of being completed. City Manager Kelly said this Five -Year Capital Improvement Fund is for all new projects and have not been started and C/M Katz withdrew his comments. Mayor Abramowitz said there is a Storm Water Drainage Act that is being approved by the State which will have a financial impact on the City. City Council Regular Meeting 09/25/91/KJ Page 9 G 11 City Attorney Ruf said this Public Hearing is redundant. He said the Five -Year Capital Improvement Fund has been adopted under the Comprehensive Plan, which is required under Section 163 of the Florida Statutes. He said many cities are removing this provision from their Charter due to it being a redundancy. He said this was placed into the Charter when they were originally adopted suggesting that the City Manager should have a five-year plan and required City Managers to come forward with those plans. He said these plans were historically wish lists. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:15 a.m. e<- �ee_ CAROL A. EVANS CITY CLERK VI/ NCP,MAN ABRAMOWITZ MAYOR "This public document was promulgated at a cost of $121.48-ot $2.70 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 TAMAR .0 APP OVED AT MEETING GE % - /%5- 9 � City Cierk