Loading...
HomeMy WebLinkAbout1992-11-25 - City Commission Regular Meeting MinutesCITY OF TAMAR.AC CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 25, 1992 Tape 1 CALL TO ORDER : Mayor Bender called the City Council Meeting to order at 9:66 a.m. in Council Chambers, City Hall. PRESENT : Mayor H. L. Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber ALSO PRESENT : JohnT. Kelly, City Manager Dina McDermott, Assistant City Manager Michael R. Couzzo, Jr., Assistant City Manager/ Director of Public Services Mitchell S. Kraft, City Attorney Mary Blasi, Finance Director Carol A. Evans, City Clerk Phyllis Polikoff, Secretary PLEDGE OF ALLEGIANCE Mayor Bender called for the Pledge of Allegiance. r * * * * * * * * * * * ** *0 * * * * * * * * * * * * * * * * * * * * * * * Public Services_De"artment 8. MOTION TO APPROVE the transfer of $6,900 from Contingency Account 661- 0-588-975 to Contractual Services Account 001-191-519-340 to provide funding for the test and balance of the City Hall air conditioning system. SYNOPSIS OF ACTION: REMOVED 8 at the request of City Manager Kelly for discussion (See Page 6 for Final Action) * C/M Abramowitz MOVED to REMOVE Item 8 at the request of City Manager Kelly, SECONDED by V/M Schumann. VOTE : ALL VOTED AYE Community Development 13. MOTION TO ADOPT Temp. Reso. #6399 approving a special exception requested by Park Place Theiapeutic Center, Ltd., for a proposed office building on the southwest corner of University Drive and NW 71 Court to allow parking within the required street yard setback and to allow a building 42.8-feet in height where 40-feet is permitted. Petition #37-Z-92 SYNOPSIS OF ACTION: REMOVED'13'at the request of the applicant (See Page 8 for Final Action) * C/M Abramowitz MOVED to REMOVE Item 13 at the request of the applicant, SECONDED by V/M Schumann. VOTE : ALL VOTED AYE PUBLIC HEARING - 10:00 A.M. Community Development City Council Regular Meeting 11/25/92/PP Page 2 14. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6400 approving a par�Cing waiver requested'6y Par�C�PIace Therapeutic Center, Ltd., for a proposed office building located on the southwest corner of University Drive and NW 71 Court to reduce the stall width from 10-feet to 9-feet 6-inches and to'allow the use of the net square footage to calculate parking where gross square footage is required. Petition #36-Z-92 SYNOPSIS OF ACTION: REMOVED it'at request of the applicant for a Time Certain (See Page 9 for Discussion and Final Action) * C/M Abramowitz MOVED to REMOVE Item 14 at the request of applicant a Time Certain, SECONDED by V/M Schumann. VOTE ; ALL VOTED AYE for 19. DISCUSSION AND POSSIBLE ACTION regarding budgetary adjustment for sup6ries ancf equipment -for Recreation Services Division. SYNOPSIS OF ACTION: AGENDIiED by Consent (See Pages 9 and 10 for Discussion and Final Action) * V/M Schumann MOVED to AGENDIZE this Item by Consent for Discussion and possible action, SECONDED by C/M Katz. VOTE : ALL VOTED AYE INTRODUCTION 1. PRESENTATION by City Manager following employees; Kelly of service awards to th Karen Willard - Finance Department ( 5 years) Gary Loney - Public Services Department ( 5 years) James Robinson - Public Services Department (10 years) Frank Cahill - Public Services Department (20 years) SYNOPSIS OF ACTION: Presentations were made. PUBLIC PARTICIPATION 2. PUBLIC PARTICIPATION Any member of the public may speak to any issue which is noi'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. Ellen Tomas, resident, thanked Council and Dina McDermott, Assistant City Manager, for the landscaping at The Boulevards. C/M Katz agreed. Melanie Reynolds, resident, expressed her opinion regarding Cit Manager Kelly. Connie Tedesco, resident, thanked Council for beautifying the landscaping at The Boulevards. Walter Rekuc,'resident, expressed his concerns that treated water was used at City buildings, about off-street parking and equipment taken out of the City for repairs. Victor Fulmines, resident, voiced his complaints about the canals and bridges. C/M Abramowitz stated chemicals killed the fish in canals which were dirty because chemicals destroyed the vegetation. City Council Regular Meeting 11/25/92/PP Page 3 Mr. Fulmines asked if there was an Ordinance which prohibited parking on lawns. V/M Schumann said, no, and the problem should be presented to C/M Katz. CONSENT AGENDA 3. Items listed under Consent Agenda, Item 7, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. City Clerk a. MOTION TO APPROVE_ the minutes of the following City Council meetings: 1. 9/23/92 - Regular Meeting 2. 10/6/92 - Special Meeting SYNOPSIS OF ACTION: APPROVED­- b. MOTION TO APPROVE renewal of a model sales permit for HIDDEN HARBOUR_Tor a six-month period from 12/24/92 to 6/24/93. SYNOPSIS OF ACTION: APPROVED \ c. MOTION TO APPROVE renewal of a model sales permit for GRANVILLE BUILDING "J", along with a waiver of ten parking spaces and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 11/27/92 to 5/27/93. SYNOPSIS OF ACTION: APPROVED W� Community Development d. MOTION TO ADOPT Temp. Reso. #6395 approving a Craft Fair at BROOKWOOD PLAZA sponsored by Kit IN Kaboodle, 7160 W. McNab Road, December 12-13, 1992. SYNOPSIS OF ACTION: APPROVED Public Services Department RESOLUTION R-92-179-PASSED e. 1. MOTION TO ADOPT Tom` Reso. #6382 accepting a bill of sale for the water ctxstributa.ori ana-gewage collection system improvements at the TRENT project. 2. MOTION TO ADOPT Temp. Reso. #6383 releasing performance Letter of-CrW&37t -#16S l�-'in the amount of $19, 527.75 posted for the sanitary sewer collection system improvements at the TRENT PHASE I project subject to receipt of a one-year warranty bond in the amount of $7,488.64. 3. MOTION TO ADOPT Temp. Reso. #6385 releasing performance Letter of Cre31_F 416574_'_in the amount of $35,867.50 posted for the water distribution system improvements at the TRENT PHASE I project subject to receipt of a one year warranty bond in the amount of $10,772.13. RESOLUTION R-92-180 PASSED RESOLUTION R-92-181 PASSED SYNOPSIS OF ACTION: RESOLUTION R-92-182-PASSED APPROVED 3.e.'T ,� �.e.2., and 3.e.3. City Council Regular Meeting 11/25/92/PP Page 4 f. MOTION TO ADOPT Temp. Reso. #6384 accepting a bill of sale for the' water d"lstributionF and sewage collection system improvements at the KINGS POINT RECREATION COMPLEX project. SYNOPSIS OF ACTION: APPROVED .,,.. RESOLUTION R-92-183-PASSED g. MOTION TO ADOPT Temp. Reso. #6381 releasing performance Bond #92f6OT6 in the amount of $0,005.00 posted for the construction of drainage facilities at the TRACT 27 SPORT COMPLEX subject to receipt of a one-year warranty bond in th amount of $2,499.75. SYNOPSIS OF ACTION: APPROVED RESOLUTION R-92-184-PASSED h. MOTION TO APPROVE Change Order #1 to the contract with Ut'llities Services"MInc., to provide a contract completion date extension of 65 days (with no increase in contract price) due to delays encountered with FP&L because of Hurricane Andrew on TUW Project 88-24, Rehabilitation of Sewage Pump Stations 14A and 21; new project completion date is February 1, 1993. SYNOPSIS OF ACTION: APPROVED * C/M Schreiber MOVED to APPROVE the Consent Agenda, SECONDED by V/M Schumann. VOTE ALL VOTED AYE CONSIDERATIONS Administrative 4. MOTION TO APPROVE a final settlement of a property liability claim in the amount of $9,500 in the case of Goldie and Lewis Breslin vs. City of Tamarac, Case No. 91 28877(03). SYNOPSIS OF ACTION: APPROVED City Attorney Kraft said Mrs. Breslin fell in 1990 and the City determined it was in their best interest to settle the claim for $9,500. * C/M Schreiber MOVED to APPROVE Item 4, SECONDED by C/M Katz. VOTE : ALL VOTED AYE 5. MOTION TO APPROVE a final settlement of a workers' compensation claim in the amount of $32,000 in the case of Terrence Lee Focks vs. City of Tamarac, Claim No. 263866148. SYNOPSIS OF ACTION: APPROVED City Attorney Kraft said the Claims Adjuster, Workers' Compensatio Attorney and the City determined it was in their best interest t settle the claim for $32,000, which represented one -and -a -half years o wage loss. * C/M Schreiber MOVED to APPROVE Item 5, SECONDED by C/M Katz. City Council Regular Meeting 11/25/92/PP Page 5 C/M Katz asked if Mr. Focks was entitled to other benefits and if the claim was now paid -in -full. City Attorney said medicals would be left open until the claim was fully resolved. VOTE : ALL VOTED AYE Public Services Department 6. MOTION TO APPROVE final payment in the amount of $9,752.25 to Man Con, Inc., for all work performed on TUE Project 90-24, Construction of 6-inch Ductile Iron Water Transmission Main. SYNOPSIS OF ACTION: APPROVED * C/M Katz MOVED to APPROVE Item 6, SECONDED by C/M Schreiber. Michael Couzzo, Assistant City Manager/Director of Public Services, advised the project involved a water line and fire hydrants in the Tamarac Lakes North and The Boulevards areas. VOTE ALL VOTED AYE 7. a. MOTION TO APPROVE "Q Cues" as the sole source supplier to provide parts and service to rehabilitate Public Services Vehicle #433 and furnish a color camera with a twist focus head and related appurtenances for lateral sewer inspections. SYNOPSIS OF ACTION: APPROVED 7 ."a . * C/M Katz MOVED to APPROVE Item 7.a., SECONDED by C/M Abramowitz. Mr. Kelly said "Q Cues" was a sole source vendor. C/M Schreiber asked the cost of the new vehicle and if it was feasible to spend $150,000 on an older vehicle. C/M Abramowitz said the new vehicle cost approximately $150,000 and Mr. Couzzo answered it was wise to spend the money because the vehicle had only 23,000 miles on the odometer. He added there also was a one-year warranty on the camera equipment. Mr. Couzzo said almost $35,000 had been saved on water last year because the pipes had been properly sealed. He said the equipment was for an older vehicle and would help identify leaks in the pipes. Mayor Bender said in his opinion, the $35,000 would almost double. VOTE : ALL VOTED AYE b. MOTION TO APPROVE the expenditure of funds in the amount of $21,353.94 for"the rehabilitation of Public Services Vehicle #433 by "Q Cues". SYNOPSIS OF ACTION: APPROVED 7.b. * C/M Katz MOVED to APPROVE Item 7.b., SECONDED by V/M Schumann. C/M Katz indicated it was the City's practice to assume responsibility for wastewater lines from a developer and examine the pipes. He said if the City did not have the proper equipment, this could not be accomplished. C/M Abramowitz said a program commenced whereby wastewater could be treated and pumped back into the ground and each City would pay their fair share. City Council Regular Meeting 11/25/92/PP Page 6 V/M Schumann said the equipment was being rehabilitated, not the vehicle.. C/M Schreiber agreed. VOTE : ALL VOTED AYE c. MOTION TO APPROVE the purchase of a color mini -camera with twist focus'head in the amount of $15,500 from "Q Cues" or lateral sewer inspections. SYNOPSIS OF ACTION: APPROVED_fEem 7. c . * C/M Katz MOVED to APPROVE Item 7.c., SECONDED by V/M Schumann. There was no discussion. VOTE ALL VOTED AYE 8. MOTION TO APPROVE the transfer of $6,900 from Contingency Account 001-872-588-975 to Contractual Services Account 001-191-519-340 to provide funding for the test and balance of the City Hall air- conditioning system. SYNOPSIS OF ACTION: REM(7VED at request of City Manager Kelly on Page 1. 9. MOTION TO APPROVE the transfer of $23,365 from Contingency Account b61— 0 1_- '- f� for replacement and repairs to City's damaged properties by Hurricane Andrew as follows: 1. Three sets of aluminum bleachers $ 6,924 Spec. Equipment 001-550-572-647 2. City Hall gutters 422 Spec. Supplies & Svc. 001-191-519-306 3. Stump removal/tree trimming 7,595 Grounds Maint. 001-407-539-306 4. Ballfield netting 8,424 Spec. Equipment 001-550-572-647 TOTAL SYNOPSIS OF ACTION: APPROVED $23,365 * C/M Abramowitz MOVED to APPROVE Item 9, SECONDED by V/M Schumann. C/M Abramowitz asked if the City had the money. Mr. Kelly said, yes, and F.E.M.A. paid over $100,000 which was already in the General Fund. C/M Schreiber suggested that in the future another material might be substituted for the aluminum bleachers. Mr. Couzzo disagreed and said aluminum was more durable and easier to transport. Tape 2 VOTE : ALL VOTED AYE RESOLUTIONS Administrative 10. MOTION TO ADOPT Temp Reso. #6388 approving an Agreement between Broward County and the North Cities, consisting of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac, for additional funding in the amount of $150,013.00 from Broward County Recycling Grant Program for Fifth Year Recycling Grant Program (tabled on 10/28/92). SYNOPSIS OF ACTION: APPROVEf RESOLUTION R-92-185-PASSED City Council Regular Meeting 11/25/92/PP Page 7 City Attorney Kraft read Temp..Reso. #6388 by Title. * C/M Abramowitz MOVED to APPROVE Temp. Reso.-. #6388 , SECONDED by C/M Schreiber. Mr. Kelly said $150,013 was coming in and would be equally distributed among the five Cities for conducting the Fifth Year study of the Recycling Grant. He said it had nothing to do with the Materials Recovery Facility (MRF) or the Trash Transfer Station and it was the end of the fifth year of the Program. C/M Abramowitz asked if additional monies would come in after this point and from this source. Mr. Kelly said he did not know but the five Cities would have to vote to make this determination. C/M Abramowitz said he was happy the Five North Cities rejected Broward County's Recovery Plan and went with the MRF. VOTE : ALL VOTED AYE 11. MOTION TO ADOPT Temp. Reso. #6396 authorizing the appropriate City officiirag to execute an -Agreement with Broward County relating to disbursement of funds from the Broward County Tree Preservation Trust Account in the amount of $30,000 "for trees only" median beautification in THE BOULEVARDS neighborhood. SYNOPSIS OF ACTION: APPROVED RESOLUTION R-92-186-PASSED City Attorney Kraft read Temp. Reso.-#6396 by Title. * C/M Schreiber MOVED to APPROVE Temp. Reso. #6396 , SECONDED by V/M Schumann. Dina McDermott, Assistant City Manager, said the City applied for a $20,000 Grant from Broward County and after revisions, the City received $30,000 for trees and not for shrubs, plants or ground cover material. She said Temp. Reso. #6396 was to approve the agreement in order to receive the funding. There was discussion regarding trees, bushes and shrubbery. C/M Abramowitz asked if additional monies would have to be allocated for the other items. Ms. McDermott replied a Workshop should be scheduled with the homeowner associations for this purpose and she would investigate other sources for further Grant funding to pay for the bushes and shrubs. C/M Katz said the City established its own nursery and was able to utilize the plantings at medians throughout the City. C/M Abramowitz asked if there was irrigation. Ms. McDermott responded, yes, and it was operational. C/M Schreiber asked if Park and Recreation funds could be used. Ms. McDermott answered, no, but Beautification funds or a Matching Grant could be used. VOTE ALL VOTED AYE 12.a. MOTION TO ADOPT Temp. Reso. #6379 amending the revised Personnel. Manual for the employees of the City to include a policy on sexual harassment. SYNOPSIS OF ACTION: RESOLUTION R-92-187-PASSED APPROVED 12.a. City Attorney Kraft read Tema. Reso. #6379 by Title. * C/M Katz MOVED to APPROVE Temp. Reso. #6379 , SECONDED by C/M Schreiber. City Council Regular Meeting 11/25/92/PP Page 8 City Attorney Kraft said Temp. Reso. #6379 expanded the present Personnel Manual to include a Policy against Sexual Harassment. VOTE ALL VOTED AYE b. MOTION TO ADOPT Temp. Reso. #,6398 amending the revised Personnel ... Manual for the employees of the City to include revisions in Section 10 entitled "Recruitment" SYNOPSIS OF ACTION: RESOLUTION R-92-188-PASSED APPRUVED 12.b. as amended to change the wording from five days to five working days. City Attorney Kraft read Temp. Reso. #6398 by Title. * C/M Katz MOVED to APPROVE Temp. Reso. #6398 , SECONDED by V/M Schumann. C/M Schreiber AMENDED the MOTION from five days to five working days. * C/M Katz AGREED to AMEND the MOTION from five days to five working days, SECONDED by V/M Schumann. VOTE : ALL VOTED AYE Community Development 13. MOTION TO ADOPT Temp. Reso. #6399 approving a special exception requester'Sy'- Park Place Therapeutic Center, Ltd., for a proposed office building on the southwest corner of University Drive and NW 71 Court to allow parking within the required street yard setback and to allow a building 42.8-feet in height where 40-feet is permitted. Petition #37-Z-92 SYNOPSIS OF ACTION: REMOVED at the request of the applicant (See Page 1) and TABLED at the request of the applicant. ORDINANCES Finance Department 15. MOTION TO ADOPT Tem . Ord. #1629 on first reading to amend Section 6-26 of the City CoNe and modify allowable City investments to be consistent with Florida Statutes 166.261(1) (a) through (e). SYNOPSIS OF ACTION: DISCUSSION was held. (See Page for Final Action) City Attorney Kraft read Temp. Ord. #1629 by Title. * C/M Katz MOVED to APPROVE Temp. Ord. #1629 , SECONDED by V/M Schumann. Mary Blasi, Finance Director, stated that Staff and the Investmen Advisory Board recommended that the Ordinance should be expanded t broaden its investment and interest earning capabilities. She said th Ordinance would now include several Federal agency type securities, i.e., G.N.M.A.'s and F.N.M.A.'s. Ms. Blasi said not all Federal type investments were Government guaranteed but the debts were created by Congress and they were quasi government guaranteed. She said, in her opinion, said debts were rated next highest to Treasury Securities and sometimes they yielded more than Treasury obligations. City Council Regular Meeting 11/25/92/PP Page 9 Ms. Blasi said a $5,000,000 collateralized C.D. was coming due in December which would need to be reinvested and the Charter allowed the City to invest in the same type of investments as stated in Florida Statutes 166.261. C/M Schreiber asked about the interest received now on said C.D. and what it could earn. Ms. Blasi said it depended on the maturity of the investment and mentioned 6.07% was paid today on a five --year Treasury note and 6.3% was paid today on a F.N.M.A., 50 points on $5,000,000 was $25,000. Mayor Bender asked how much interest was earned as the result of recommendations made by the Investment Advisory Board. Ms. Blasi said the City invested in Treasury notes, collateralized C.D.'s and the State Pool and was earning 8.25% on the $5,000,000. C/M Abramowitz said if an issue was paid off before its expiration date, the City would lose that interest. Ms. Blasi agreed. He asked if any investments would return less at the expiration date than what was invested. Ms. Blasi said, no. C/M Katz asked if the funds would return principle and interest. Ms. Blasi said, yes, and a portion of the $5,000,000 would be invested in a Federal -type security. VOTE ALL VOTED AYE PUBLIC HEARING -10:00 A.M. Community Development 14. PUBLIC HEARING -MOTION TO ADOPT Temp. Reso. #6400 approving a parking waiver requested by Park Place Therapeutic Center, Ltd., for a proposed office building located on the southwest corner of University Drive and NW 71 Court to reduce the stall width from 10-feet to 9-feet 6-inches and to allow the use of the net square footage to calculate parking where gross square footage is required. Petition #36-Z-92 SYNOPSIS OF ACTION: DISCUSSION iria "tA.BLED at the request of the applicant to Wednesday, December 9, 1992 at 10:00 a.m. City Attorney Kraft read Temp. Reso. #6400 by Title. * C/M Abramowitz MOVED Tem�aa. Reso. #6400 be TABLED at the request of the City Manager to December 9, 1901 at _fb'00 a.m. Mr. Kelly recommended the December 9, 1992 meeting should be changed toa day meeting. SECONDED by V/M Schumann. C/M Katz asked if Item 13 and Item 14 would also be agendized for December 9, 1992 at 10:00 a.m. and Mr. Kelly said, yes. VOTE : ALL VOTED AYE --------------------------------------------------------------------------- ORDINANCES Finance De artment 19. DISCUSSION AND POSSIBLE ACTION regarding budgetary adjustment for supplies and equipment_Tor Recreation Services Division. City Council Regular Meeting 11/25/92/PP Page 10 SYNOPSIS OF ACTION: AGENDIZED by Consent and APPROVED transfer up to $2,000 from Contingency Account for the following year V/M Schumann said the Recreation Services Division was a producer. * C/M Abramowitz MOVED to APPROVE Item 19, SECONDED by C/M Katz. VOTE : ALL VOTED AYE REPORTS 16. City Council V/M Schumann - No reports. revenue C/M Katz said he attended the Florida League of Cities Legislative Conference as a member of the Municipal Taxation and Finance Ccmmittee. He said a report would be presented to Council members and Mr. Kelly and one issue was how revenue would be collected in the City. He said presently the City only received Ad Valorem taxes. C/M Schreiber said he also attended the Florida League of Cities Legislative Conference and found it productive and informative. He said one issue concerned the Sunshine Law and Attorney/Client privileges would be exempt but the State Legislature would be included. He said Council should consider changing the election day from March to November thereby reducing the cost and increasing participation by the residents. He also suggested City officials should be paid for usin their own vehicles on City business instead of using City vehicles. C/M Abramowitz said as Liaison to the Tamarac School Board, he attende meeting and met a Tamarac Elementary School student who was elected Mayor of said School. He requested Council invite her to sit on the dais at a Council meeting. * C/M Abramowitz asked Mr. Kelly to proceed and finalize the contract with regard to the trash and garbage. C/M Abramowitz said he was Vice -Chairman of the Legislative Committee of the Florida League of Cities and mentioned the Hone Rule Bill briefly discussed by C/M Katz. C/M Katz referenced his comments about the Home Rule Bill and that taxes could be raised if they were approved by Council after two Public Hearings. 17. Cif Attorney City Attorney Kraft - No reports. 16. City Manager Mr. Kelly said Council should agree to change the December 9, 199 night meeting to a day meeting. * C/M Abramowitz MOVED to CHANGE the December 9, 1992 night meeting to day meeting, SECONDED by V/M Schumann. Mr. Kelly said the Inter -Local Agreement (ILA) regarding the MRF proposal would be discussed at this meeting. Tape 3 City Council Regular Meeting 11/25/92/PP Page 11 Mr. Kelly suggested that a special meeting should be scheduled for Monday, November 30, 1992 to discuss the A. J. Gallagher contract and City Attorney Kraft prepared an agreement for Council's consideration. Mayor Bender agreed and said Mr. Kelly should advise the time. Mr. Kelly said plans were proceeding for the Turkey Trot scheduled for Thursday, November 26, 1992 and it would start at 7:30 a.m. A member of the audience said if the. December 9, 1992 meeting was in the morning, would the December 23, 1992 meeting be in the evening. Mr. Kelly said, no. Mr. Kelly said the Holiday Lighting Celebration was scheduled for Saturday, December 5, 1992 at 5:00 P.M. at the Recreation Center. Mayor Bender ADJOURNED the Regular Meeting at 10:20 a.m. 4ayor �Ben er Caro A. Evans City Clerk MY? OFWRM ,�yT�i O�/CAL 2