HomeMy WebLinkAbout1988-08-24 - City Commission Regular Meeting MinutesK Tq,H
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7525 N.W. 88 Avenue
TAMARAC. FLORIDA 33321-2401
RECORDS OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, AUGUST 24, 1988
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS 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.
INTRODUCTION
1. ANNOUNCEMENT of a vacancy on the INVESTMENT ADVISORY
BOARD.
If anyone is interested in serving on this board, please
contact the City Clerk's office for an application.
FINAL ACTION:
ANNOUNCEMENT of vacancy was made.
2. PRESENTATION by City Manager Kelly of employee service
awards to the following:
Alvin Johnson (10 years) Public Works
Sheila Schiff (5 years) Finance Department
Randolph Daughtry (5 years) Utilities West
John Fletcher (5 years) Utilities West
Robert Nye (5 years) Utilities West
FINAL ACTION:
PRESENTATION of employee service awards were made to Sheila
Schiff, Randolph Daughtry and John Fletcher. Alvin Johnson
and Robert Nye were absent.
3. PRESENTATION by United Hearing and Deaf Services, Inc.,
of a plaque to Jeri Victor, Mimi Mannion, Fred Hoffman
and Michael Couzzo who participated in their annual
bowling tournament.
FINAL ACTION:
PRESENTATION was made.
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8/24/88
CONSENT AGENDA
4. Items listed under Consent Agenda, Item 4, 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.
Building Department
a. MOTION TO ADOPT Temp. Reso. #5130 releasing a cash
bond in the amount of $4,000.00 posted by Patten
Construction Co. for engineering and
beautification at UNIVERSITY HOSPITAL PAVILION
under Permit #2962-86.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R--88-218 PASSED.
b. MOTION TO ADOPT Temp. Reso. #5131 releasing a cash
bona in the amount of $2,385.00 posted by Stoller,
Fried and Zeypher Capital Corporation for
beautification at TBC EQUITIES project under
Permit #86-2807.
FINAL ACTION:
APPROVED.
RESOLUTION NO, R-88-219 PASSED.
C. MOTION TO ADOPT Temp. Reso. #5135 releasing a cash
bon2l in the amount of 1,5 0 posted by American
Property Development of Broward County, Inc., for
site lighting at WATER PLACE, Building #4, under
Permit #87-442.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88--220 PASSED.
d. MOTION TO ADOPT Temp. Reso. #5134 releasing
$20,098.76 of the cash bond---in--the amount of
$26,342.57 posted by McNab Associates, Ltd., for
beautification at TAMARAC SQUARE WEST under
Permits #87-2014, #87-695, #88 238 and #88-247.
FINAL ACTION:
REMOVED for discussion and renumbered as item #23.
SitClerk
e.. MOTION TO APPROVE the minutes of the City Council
Special Meeting of 8/2/88.
FINAL ACTION:
APPROVED.
Finance Department
f. MOTION TO ADOPT Tem Reso. #5136 authorizing
certain City officials to transmit or withdraw
funds to and from the State Board of
Administration.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-221 PASSED.
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Utilities/Engineering
4. g. MOTION TO ADOPT Temper Reso_. #5133 releasing a cash
performance bond in the amount of $2,410.00 posted
for the asphalt resurfacing of the 441 SELF
STORAGE project and waiving the requirement of a
warranty bond.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-222 PASSED.
h. MOTION TO APPROVE final payment in the amount of
$5,101.56 to Utilities Services, Inc., for
construction work on TUW Project 88-32, Fire
Station #2 Fuel Tank Replacement, and ACCEPTANCE
of the Release of Lien as provided by Utilities
Services, Inc., on this project.
FINAL ACTION:
APPROVED.
OPEN PUBLIC FORUM
5. OPEN 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.
FINAL ACTION:
Open Public Forum was held.
REPORTS
6. City Council
7. City' Manager
8. City Attorney
CONSIDERATIONS
Finance Department
9. MOTION TO APPROVE various budget transfers totaling
707,080.00 to provide funding for buyout of lease for
sewer treatment and sewer transmission capacity with
Broward County.
FINAL ACTION:
APPROVED.
10. MOTION TO APPROVE waiver of bidding and the purchase of
a Ricoh Fax 60 facsimile transceiver at a cost of
$2,300.00.
FINAL ACTION•
APPROVED.
11. MOTION TO APPROVE the transfer of $4,500.00 from
General Contingency Account 001-872-589-975 to Finance
Office Equipment Account 001-115-513-641 and to
AUTHORIZE the emergency purchase of check protecting
and signing equipment.
FINAL ACTION:
APPROVED.
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8/24/88
Fire Department
12. MOTION TO APPROVE budget transfers from Fire Department
Salaries to various accounts totaling $7,000.00 for
repair to Ladder #32, set --up and transport of trailer
for Fire Prevention Bureau at Station #1, and rental
for trailer at Station #1.
FINAL ACTION:
PROVED.
Utilities/Engineering
13. MOTION TO APPROVE Addendum #19 to the engineering
agreement with Hazen & Sawyer in the amount of
$36,000.00 to provide engineering services on TUW
Project 88-46, Raw Water Wells 1-9 Redesign and
Rehabilitation.
FINAL ACTION:
APPROVED.
14. MOTION TO APPROVE the provisions of the Long Term Water
Supply Plan Report as prepared by Hazen & Sawyer
concerning expanding the capacity of existing wells and
construction of new wells for permit renewal
application to South Florida Water Management District
for potable water withdrawal; project to be funded by
CIAO impact fees. TUW Project 88-39
FINAL ACTION:
APPROVED.
RESOLUTIONS
Community Development
15. MOTION TO ADOPT Temp. Reso. #5138 approving a site plan
and associated documents for the SPRINGLARE II NORTH
project.
(to be located at the southwest corner of NW 77 Street
and Westwood Drive).
FINAL ACTION: RESOLUTION NO. R-88-223 PASSED.
APPROVED. A check in the amount of $427,208.05 was
received covering fees for water and sewer and future
traffic needs. This check will be held in escrow
pursuant to Resolution No. R-88-223.
Utilities/Engineering
16. MOTION TO ADOPT Temp. Reso. #5137 awarding Bid #88-28
in the amount of $83,900.00 to C.E.M. Enterprises,
Inc., for the rehabilitation of water treatment plant
Filters 5 and 6. TUW Project 88-13
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-•88-224 PASSED.
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PUBLIC HEARING - 10:00 A.M.
Community Development
"' _ Temp.,„Reso. #5132
1 PUBLIC HEARING MOTION TO ADOPT
concerning a request by NATIONAL INSTITUTE OF
BROADCASTING, INC., for a Special Exception to permit a
modeling/vocational school in Suite 4-D of GARDEN MALL,
7101 W. Commercial Boulevard, which is zoned B-2
(Planned Business).
FINAL ACTION: RESOLUTION NO. R-88-225 PASSED.
APPROVED. Public hearing was held.
Utilities/En ineerin
18. PUBLIC HEARING -- MOTION TO ADOPT Tema. Reso. #5139
authorizing execution of an agreement with the BROWARD
COUNTY CITIZENS SAFETY COUNCIL, INC., to determine a
method for cost sharing of the water distribution
system required on the National Safety Council project,
located at the northeast corner of Prospect Road and NW
21 Avenue, between the National Safety Council and the
future developer of the site on the west of this
project.
FINAL ACTION: RESOLUTION NO. R-88-226 PASSED.
APPROVED. Public hearing was held.
ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
Building Department
19. MOTION TO ADOPT Temp. Ord. #1393 on second reading .
amending Chapter 10-A of the Code to update the City's
flood hazard requirements to meet State and Federal
criteria.
FINAL ACTION: ORDINANCE NO, 0--88-20 PASSED.
APPROVED on second reading. Public hearing was held.
Community Development
20. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1394. Petition #18-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1394
on second reading concerning a request by STUART
FEINER to rezone the recreation area for the
proposed residential development to be known as
COLONY COVE located on the east side of NW 88
Avenue, south of Colony West Golf Course
Clubhouse, from R-3U (Row House) to S-1 (Open
Space/Recreational). Petition #18-Z--88
FINAL ACTION: ORDINANCE NO. 0-88-21 PASSED.
a. ACCEPTED affidavits.
b. APPROVED on second reading. Public hearing was
held.
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8/24/88
21. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1382__ Petition #9--Z-88.
b. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1382
on second reading concerning a request by WILLIAM
F. JURIET, TRUSTEE, to rezone lands on the
southeast corner of University Drive and NW 61
Street from B--6 (Business District) to B-2
(Planned Community Business). Petition #9-Z-88
(second reading tabled on 4/27/88)
FINAL ACTION: ORDINANCE NO. 0-88-22 PASSED.
a. ACCEPTED affidavits.
b. APPROVED on second reading. Public hearing was
held.
General Administrative
22. MOTION TO ADOPT Temp. Ord. #1395 on first reading to
impose a six percent 6$ pu lic service tax on the
purchase of electricity, metered or bottled gas
(natural liquified petroleum gas or manufactured),
telecommunication and telegraph services.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held during the Regular City Council
meeting on September 14, 1988, at 7:30 P.M.
23. MOTION TO ADOPT Temp. Reso. #5134 releasing $20,098.76
of the cash bond in the amount of $26,342.57 posted by
McNab Associates, Ltd., for beautification at TAMARAC
SQUARE WEST under Permits #87-2014, #87-695, #88 238
and #88-247.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-227 PASSED.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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.
4 � C4�)
Carol A. Evans
City Clerk
SPECIAL MEETINGS & PUBLIC HEARING'S
1. Tuesday. September 6, 1988 at 7:00 P.M. in Council Chambers.
City Council will adopt a proposed millage and tentative budget for
Fiscal Year 1988/1989.
2. Thursday, ember 22 1988 at 7:00 P.M. in Council Chambers.
City Council will adopt the Final Millage and Final Budget for Fiscal
Year 1988/1989.
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8/24/88
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CITY OF TA1ARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, AUGUST 24, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, August 24, 1988 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Allegiance 671-lowed by a moment of silent meditation.
PRRSRNT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
INTRODUCTION
1. ANNOUNCEMENT of a vacancy on the INVESTMENT ADVISORY BOARD.
SYNOPSIS OF ACTION:
ANNOUNCEMENT was made.
Mayor Abramowitz announced that there was a vacancy on
the Investment Advisory Board and he said applications
for the vacancy should be obtained and filed in the City
Clerk's Office.
2. PRESENTATION by City Manager Kelly of employee service awards
to the following:
Alvin Johnson (10 years) Public Works
Sheila Schiff ( 5 years) Finance Department
Randolph Daughtry ( 5 years) Utilities West
John Fletcher ( 5 years) Utilities West
Robert Nye ( 5 years) Utilities West
SYNOPSIS OF ACTION:
PRESENTATIONS were made to Sheila Schiff,
Randolph Daughtry and John Fletcher.
Alvin Johnson and Robert Nye were absent.
City Manager Kelly presented the awards to Sheila Schiff,
Randolph Daughtry and John Fletcher, for 5 years of
services to the City. Alvin Johnson's award for 10 years
of service to the City was accepted by Alan Levine,
Public Works Supervisor, and Robert Nye was not present
to accept his award for 5 years of service to the City
because of an emergency.
3. PRESENTATION by United Hearing and Deaf Services, Inc., of a
plaque to Jeri Victor, Mimi Mannion, Fred Hoffman and Michael
Couzzo who participated in their annual bowling tournament.
SYNOPSIS OF ACTION:
PRESENTATION was made.
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8/24/88
Mr. Muller of the United Hearing and Deaf Services, Inc.,
said the Second Annual Bowlathon was held and there were
6 Key Clubs, 6 Kiwanis Clubs and 5 Municipalities who
participated. He said the Town of Davie received the
trophy for highest score; however, the City of Tamarac's
Team was receiving a plaque for highest sponsored team.
He presented the plaque to Mimi Mannion, Jeri Victor,
Fred Hoffman and Michael Couzzo.
Mayor Abramowitz said this plaque exemplified the City of
Tamarac's employees.
CONSENT AGENDA
Building Department
4. d. MOTION TO ADOPT Temp. Reso. #5134 releasing
$20,098.76 of the cash bond in the amount of $26,342.57
posted by McNab Associates, Ltd., for beautification at
TAMARAC SQUARE WEST under Permits 487-2014, #87-695,
#88-238 and #88-247.
SYNOPSIS OF ACTION:
REMOVED for separate discussion and renumbered as
Item #23.
(See Pages 3 and 4 for Final Action)
Mayor Abramowitz said he would like Consent Agenda Item
4. d., removed for separate discussion and renumbered as
Item #23.
* C/M-Hoffman MOVED to REMOVE Consent Agenda Item 4. d., for
* separate discussion, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
CONSENT AGENDA ITEM 4, a. through h.
Building Department
4. a. MOTION TO ADOPT Tem . Reso. #5130 releasing a cash
bond in the amount of $4,000.00 posted by Patten Construction
Co., for engineering and beautification at UNIVERSITY
HOSPITAL PAVILION under Permit #2962-86.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R--88-218 PASSED
b. MOTION TO ADOPT Temp_ Reso. #5131 releasing a cash
bond in the amount of $2,385.00 posted by Stoller, Fried
and Zeypher Capital Corporation for beautification at TBC
EQUITIES project under Permit #86-2807.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-219 -- PASSED
c. MOTION TO ADOPT Temp. Reso. #5135 releasing a cash
.bond in the amount of $1,500.00 posted by American Property
Development of Broward County, Inc., for site lighting at
WATER PLACE, Building #4, under Permit #87-442.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-220 - PASSED
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d. MOTION TO ADOPT Tempi. Reso. #5134 releasing $20,098.76
of the cash bond in -the amount of $26,342.57 posted by McNab
Associates, Ltd., for beautification at TAMARAC SQUARE WEST
under Permits #87-2014, #87-695, #88-238 and #88-247.
SYNOPSIS OF ACTION:
REMOVED for separate discussion and
renumbered as Item #23 on Page 2.
(See.Pages 3 and 4 for Final Action)
City Clerk
e. MOTION TO APPROVE the minutes of the City Council
Specialmeet g of 8/2/88.
SYNOPSIS OF ACTION:
APPROVED.
Finance Department
f. MOTION TO ADOPT Temp. Reso. #5136 authorizing certain
City officials to transm -or withdraw funds to and from the
State Board of Administration.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88--221 - PASSED
APPROVED.
Utilities/Engineering
g. MOTION TO ADOPT Temp. Reso. #5133 releasing a cash
performance bond in the amount of $2,410.00 posted for the
asphalt resurfacing of the 441 SELF STORAGE project and
waiving the requirement of a warranty bond.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-222 - PASSED
h. MOTION TO APPROVE final payment in the amount of
$5,101.50 to Ut lities Services, Inc., for construction
work on TUW project 88-32, Fire Station #2 Fuel Tank
Replacement, and ACCEPTANCE of the Release of Lien as
provided by Utilities Services, Inc., on this project.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to APPROVE Consent Agenda Item 4, a. through
* h., with the exception of d., SECONDED by C/M Bender.
VOTE:
ALL VOTED AYE
23. MOTION TO ADOPT Temp. Reso. #5134 releasing $20,098.76
of the cash bond in the amount of $26,342.57 posted by McNab
Associates, Ltd., for beautification at TAMARAC SQUARE WEST
under Permits #87-2014, #87-695, #88-238 and #88-247.
SYNOPSIS OF ACTION:
REMOVED 4. d., from the Consent Agenda
for separate discussion and renumbered as
Item #23 on Page 2.
APPROVED.
Mayor Abramowitz said the City Code called for 1 tree
every 10 parking spaces; however, Tamarac Square West had
1 tree for every 12 parking spaces and he asked why.
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8/24/88
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Thelma Brown -Porter, City Planner, said this project was
constructed under a Court Order; therefore, Tamarac
Square West was not required to follow the City's Code.
She said the Court Order allowed the placement of 1 tree
per every 12 parking spaces. She said the Chief Building
Official had more information regarding the Bond.
Bob Jahn, Chief Building Official, said when the Bond was
posted, it was agreed that the Bond was for the
outparcels, not the main landscaping in the center. He
said each parcel recommended for Bond Release has been
inspected and approved by the Beautification Inspectors.
Mr. Jahn said the one remaining parcel has not been
inspected or approved and was valued at $6,431.00;
therefore, the Bond was not to be issued.
V/M Stelzer asked why 150% of the certified value was
taken and Mr. Jahn said the City Code required this to be
done.
V/M Stelzer MOVED to APPROVE Item d, SECONDED by C/M Bender.
VOTE: ALL'VOTED AYE
OPEN PUBLIC FORUM
5. OPEN PUBLIC FORUM
Benjamin Dagen, Resident, had concerns with the Budget
Public Hearing being held on September 6, 1988. He said
this was the Primary Election day and the residents would
be voting.
Mayor Abramowitz said the Budget Public Hearing would be
held at 7:00 P.M. at which time the Polls would be
closing; therefore, this should not interfere with the
Elections.
Mr. Dagen had concerns with the residents being charged
$50.00 per year for burglar alarm fees and Mayor
Abramowitz said the City's Burglar Alarm Ordinance was
presently being redrafted.
City Attorney Doody said the Ordinance was in the final
stages and would be submitted to the City Council for
their review.
City Manager Kelly said the $50.00 fee for burglar alarms
was being considered and may be eliminated from the
Ordinance.
Norman Peck, Resident, suggested the American Flag be
placed where it was visible and Mayor Abramowitz said a
new flag was on order and would be larger than the
present flag.
Mr. Peck asked where Tamarac Square West was located and
C/M Hoffman said it was located on McNab Road and 88th
Avenue, also known as, "Scotty's Shopping Center".
REPORTS
6. City Council Reports
C/M Hoffman reported that the Consumer Affairs Board asked
at the residents be advised of a new State Law
requiring contractors to be licensed. He said the
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8/24/88
consumers were required to hire contractors with licenses
and, if the contractors were not licensed, the consumer
could be fined up to $ 5, 000.00.
C/M Hoffman said the law was going before the County
Commissioners and it was expected to be approved. He
said the Consumer Affairs Board advises that the
residents contact the Building Department regarding a
contractor being licensed before hiring the contractor
for work. He said the Building Department would not
issue permits if the contractors were not licensed and
this was to protect the residents from being fined.
C/M Rohr reported that Waste Management, Inc., submitted a
proposal to the City regarding a Recycling Program. He
said the proposal had not been reviewed; however, he was
proud that the City of Tamarac was being considered as
the Pilot City in South Broward. He said the City would
continue their research in the Recycling Program and
inform the residents of their findings.
C/M Bender - No report.
V/M Stelzer reported that the Broward League of Cities Board
of Dxre7 ctors were trying to pass a law requiring tree
cutters to be licensed. He said there were several cases
where tree cutters were not experienced and ruined trees.
V/M Stelzer said the proposal submitted by Waste
Management, Inc., was going to cost the City money;
therefore, the Recycling Program may be delayed: He
said he and the Public Works Director have been studying
the possibility of the City picking up the garbage for
recycling,for which the City would be making money.
7. City Manager Report
CCit Manager Kelly reported that last week there was
a fire at Sabal Palm. He said the fire occurred early in
the morning when everyone was in bed. He said
approximately 200 people were evacuated and; fortunately,
there was no loss of life. He said the Mutual Aid
Program for fire service protection with the neighboring
Cities and Broward County worked very well. He said the
Representatives from the City of Tamarac's Police and
Fire Departments worked with a great deal of
professionalism and accuracy. He said it rained shortly
after the fire which was fortunate because the fire could
have been disastrous without the rain.
City Manager Kelly commended the Fire Departments
participating, the City's Police Department, Broward
County's Representatives and the residents should be
extremely proud of the quality of service being provided
by the Public Service Employees.
City Manager Kelly said recently, he went to the County
Commissioners for approval on a PSAP Program for the new
Police Facility. He said PSAP was a 911 program and the
City of Tamarac would be maintaining the program. He
said when residents call for assistance, the calls will
go directly to the dispatchers at the Tamarac Police
Department as opposed to Broward County. He said this
would improve the response time for emergency calls.
City Manager Kelly said he was appointed to the Chamber
of Commerce Board of Directors and he introduced Joan
Goodman, Executive Director of the Chamber of Commerce.
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8/24/88
City Manager Kelly said the first Public Hearing for the
Budget would be held on September 6, 1988 at 7:00 P.M. in
the Council Chambers and the second Public Hearing would
be held on September 22, 1988 at 7:00 P.M. in the Council
Chambers.
City Manager Kelly said the first Public Hearing for the
Utility Tax would be held at this time and was Item 22 on
the Agenda; however, the second Public Hearing would not
be held until the Budget Hearings are completed.
6. C_fC_rtY Council Reports
Mayor Abramowitz reported that the City was mandated by
Law or an inspection program on all Condominiums of 3 or
more stories in height. He said the City has received
several complaints from condominium owners regarding this
program; however, the average cost was $1.05 per year per
condominium for the program. He said he would like to
have every person who felt that the $1.05 was not well
spent, take a tour of Sabal Palm since the fire. He said
the fee was for the safety of the residents and the
Police and Fire Departments should be commended for a job
well done.
8. City Attorney Report - No report.
C/M Rohr said Mayor Abramowitz had his cold because he
was there early in the morning consoling the residents of
Sabal Palm and he commended Mayor Abramowitz for his
participation.
CONSIDERATIONS
Finance Department
9. MOTION TO APPROVE various budget transfers totaling
$707,086.00 to provide funding for buyout of lease for sewer
treatment and sewer transmission capacity with Broward County.
SYNOPSIS OF ACTION:
APPROVED.
Ken Burroughs, Finance Director, said in January, 1988,
the process of negotiating with Broward County to buy the
capacity at the North Regional Plant began. He said the
City wanted to purchase the capacity as opposed to
leasing it; therefore, this action would transfer the
needed money into the proper accounts.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
C/M Rohr said the City would be eliminating part of the
lease privilege buying that capacity with this money. He
said the expenditure was not for something that was not
needed. He said the City would have to spend this money
if they were leasing the capacity.
C/M Hoffman asked what money would be used for this
transfer and Mr. Burroughs said by buying out the lease,
the City would be saving $565,000.00 within the next 5
years. He said $181,797.00 was in the TUW Operating
Fund, Contingency, Working Capital Reserve and the Square
One Debt Reserve. He said $525,283.00 was in the CIAC
Reserve Fund surplus.
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Gerry Envie, Resident, said this was the reason the water
bills were increased and Mayor Abramowitz said the City
would have to spend this money and more for leasing the
capacity. He said the City needed the capacity;
therefore, they were buying the capacity as opposed to
leasing in order to save money.
C/M Hoffman said the City Council would be considering a
Budget for the Utilities/Engineering Department and, at
that time, the City Council would be available to hear
the complaints regarding the rates. He said he believed
there would be reductions in the rates; however, this
matter should not be discussed at this time.
Mrs. Envie said Mayor Abramowitz ran on a platform of no
increase in taxes and the Public Hearing for the Budget
was being scheduled on September 6, 1988 which is the
Primary Election day. She said the City was not being
fair in doing this because it was not giving the people
the opportunity to attend.
Mayor Abramowitz said the residents would have the
opportunity to discuss this matter during Item 22. He
said the Public Hearings were scheduled at those times
because the law prescribes it.
Mrs. Envie asked why the City was paying Waste
Management, Inc., to bill the residents for garbage and
increase the costs and Mayor Abramowitz asked where Mrs.
Envie received this information.
Mrs. Envie said she read this information and Mayor
Abramowitz said this was not true.
Mrs. Envie asked why the City paid their billing
department for this service and Mayor Abramowitz said the
information Mrs. Envie received was erroneous and the
City Council would be holding Public Hearings for the
residents to discuss their concerns.
VOTE:
ALL VOTED AYE
10. MOTION TO APPROVE waiver of bidding and the purchase
of a Ricoh Fax 60 facsimile transceiver at a cost of $2,300.00.
SYNOPSIS OF ACTION:
APPROVED.
Mr. Burroughs said there was the Federal Revenue Sharing
Fund to purchase the equipment. He said through the
State Contract, equipment could be bought for $47,000.00;
however, the equipment could be purchased for $2,300.00.
He said the cost exceeded the Charter requirements;
therefore, since there would be a savings in purchasing
the equipment at a lower cost then the State Contract, he
recommended approval in waiving the bidding requirements.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
V/M Stelzer asked if the Federal Revenue Sharing Fund
expenditure was approved by the City Council and Mr.
Burroughs said the City Council approved the expenditure
at the August 10, 1988 Council meeting.
Miriam Dagen, Resident, asked what this equipment would
be used for.
Page 7
8/24/88
Mr. Burroughs said the equipment allowed documents to be
transmitted over telephone lines to and from City Hall.
He said this equipment would save money because of the
cost of delivery charges and the savings would pay for
itself within 18 months.
Vickie Beech, Resident, asked City Attorney Doody if this
matter would be violating the City Charter.
City Attorney Doody said there were two Sections involved
in this matter, one Section is in the City Code and the
other Section is in the Charter. He said there are no
requirements in the Statutes requiring a local Government
to bid and the Statute states that the local Government
was to follow their Code requirements. He said the City
Code provides that if there is an emergency purchase
needed, the City Council had the authority to waive the
bid procedures.
City Attorney Doody said in this instance, the City could
use the State Contract and purchase the equipment at
$4,500.00; however, the City could purchase the same
equipment elsewhere at $2,300.00. He said the City would
be acting appropriately in waiving the bidding procedures
in order to obtain the equipment at the lower price.
Ms. Beech asked if this conflicted with the Competitive
Bidding Act and City Attorney Doody said there was no
Competitive Bidding Act; however, there is a Competitive
Negotiating Act which required competitive bidding for
services of an Architect, Engineer or Planner. He said
for purchasing equipment, there is no statutory or
constitutional. requirement.
Mayor Abramowitz said this equipment would be very
efficient and a cost savings for the City. He said the
City Planner had to go to the Governmental Center and
spend 2 to 3 hours on matters; whereas, the equipment
would eliminate the cost and time needed to do this.
TAPE 2
C/M Rohr said the Federal Revenue Funds had to be spent
before September 30, 1988 or the Funds had to go back to
the Government. He said the Funds were being used for
equipment within the City.
VOTE: ALL VOTED AYE
11. MOTION TO APPROVE the transfer of $4,500.00 from General
Co� n regency Account 001-872--589-975 to Finance Office Equip-
ment Account 001-115--513-641 and to AUTHORIZE the emergency
purchase of check protecting and signing equipment.
SYNOPSIS OF ACTION:
APPROVED.
Mr. Burroughs said one year ago this equipment was
budgeted; however, it was not purchased because the
surplus property was not sold. He said the present
equipment was not working and could not be fixed and the
ensuing budget contained this equipment; however, the
equipment was needed immediately.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Ray Munitz, Resident, asked what the balance in the
General. Contingency Account was prior to this transfer
and Mr. Burroughs said he did not have that information
available; however, it was in excess of $52,000.00.
Page 8
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1
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Mr. Munitz had concerns with the City Council
transferring money without knowing the balance in the
account.
Mayor Abramowitz said Mr. Burroughs was very competent
and he was confident that Mr. Burroughs would not allow
this purchase without the monies being available.
Mr. Burroughs said he apologized for the balance not
being recorded on the form.
Melanie Reynolds, Resident, said she submitted a letter
to the City Council regarding the same matter Mr. Munitz
questioned. She said she received an answer stating that
there was a required form which listed how much money was
in the account, the expenditure and the balance. She
suggested the information be listed on the Agenda and the
City Council have a copy in the backup material.
Mayor Abramowitz said this was a very good suggestion and
he asked City Manager Kelly to see if this could be done.
VOTE:
Fire Department
ALL VOTED AYE
12. MOTION TO APPROVE budget transfers from Fire Department
Sateen to various accounts totaling $7,000.00 for repair to
Ladder #32, set-up and transport of trailer for Fire Prevention
Bureau at Station #1, and rental for trailer at Station #1.
SYNOPSIS OF ACTION:
APPROVED.
City Manager Kelly said this transfer would be for the
repair of ladder #32, set-up and transport of a trailer
for the Fire Prevention Bureau at Station #1 and the
rental for the trailer. He said one of the trailers used
at the old City Hall would be used and relocated at Fire
Station #1.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
V/M Stelzer said the City Code allowed the Department
Head to make transfers within their Department as long as
the Budget was not exceeded; therefore, this Item should
not be on the Agenda. He suggested this Item be
approved.
VOTE:
Utilities/Engineering
ALL VOTED AYE
13. MOTION TO APPROVE Addendum #19 to the engineering
agreement with Hazen & Sawyer in the amount of $36,000.00
to provide engineering services on TUW Project 88-46, Raw
Water Wells 1-9 Redesign and Rehabilitation.
SYNOPSIS OF ACTION:
APPROVED.
Bob Foy, Director of Utilities/Engineering, said this
request was for authorization to allow Hazen & Sawyer to
design a rehabilitation program for Wells 1-9. He said
these Wells have been operating for 15 years and are
deteriorating. He said these Wells must be rehabilitated
and recommended this Item be approved.
Page 9
8/24/88
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Anthony Grimaldi, Resident, said the City was constantly
asking Hazen & Sawyer to do work and he suggested that
the City consider having the present Engineers do this
or, hire people that were able to do the projects
In-house. He said the City had 3 Deputy Engineers in the
Utilities Department.
City Manager Kelly said the City no longer had that many
Engineers; however, there were projects being done
In-house.
Mr.. Grimaldi said the City was spending a lot of money
hiring outside firms and suggested the City hire their
own Engineers.
Mr. Foy said the Utilities Department presently had three
Deputy Engineers and he was one. He said the City's
Engineers were diligently working on projects; however,
there were so many projects needed that the City's
Engineers could not do all of the work required.
Mayor Abramowitz said there were projects required by the
Federal Government, State and Broward County. He said
these projects were required by a certain time and, if
the projects are not submitted on time, the City is fined
each day the projects are not completed.
V/M Stelzer asked if this project was being paid by the
CIAC Funds and Mr. Foy replied, yes. V/M Stelzer said
this project did not require the residents to spend
money.
VOTE:
ALL VOTED AYE
At 9:58 A.M., Mayor Abramowitz RECESSED the meeting and
RECONVENED at 10:01 A.M. with ALL PRESENT.
RESOLUTIONS
PUBLIC HEARING - 10:00 A.M.
Community Development
17. PUBLIC HEARING - MOTION TO ADOPT Temp Reso. #5132
concerning a request by NATIONAL INSTITUTE OF BROADCASTING,
INC., for a Special Exception to permit a modeling/vocational
school in Suite 4--D of GARDEN MALL, 7101 W. Commercial
Boulevard, which is zoned B-2 (Planned Business).
SYNOPSIS OF ACTION:
Public Hearing was held.
APPROVED.
RESOLUTION NO. R-88-225 - PASSED
City Attorney Doody read Temp. Reso. #5132 by title.
* C/M Bender MOVED to APPROVE Temp_ Reso. #5132, SECONDED by
* C/M Rohr.
Thelma Brown -Porter, City Planner, said this Item was
Petition #22-Z-88 and the zoning on the property is B-2.
She said the Master File is 36-76 and legal description
of the property is "The Plaza". She said the type of use
requested is a Special Exception to permit a modeling and
vocational school. She said the use was approved by the
Planning Commission and staff subject to their Plan being
Page 10
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in compliance with the South Florida Building Code. She
submitted an Affidavit to the City Clerk identifying the
proper posting of the Petition.
V/M Stelzer asked if the parking spaces for the school
were appropriate and Mrs. Brown -Porter said this matter
was reviewed by the Staff Review Committee and was
approved.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
Utilities/Engineering
18. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5139
authorizing execution of an agreement wit thROWARD COUNTY
CITIZENS SAFETY COUNCIL, INC., to determine a method for cost
sharing of the water distribution system required on the
National Safety Council project, located at the northeast
corner of Prospect Road and NW 21 Avenue, between the
National Safety Council and the future developer of the site
on the west of this project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-226 - PASSED
PublicHearing was held.
APPROVED.
City Attorney Doody read Temp_ Reso. #5139 by title.
* C/M Bender MOVED to APPROVE Tem . Reso. #5139, SECONDED by
* C/M Rohr.
Sob Foy, Director of Utilities/Engineering, said the
agreement was in accordance with the City Code and he
recommended approval.
V/M Stelzer asked if an easement was ever received for
this area and Mr. Foy said the easement would be brought
before the City Council at the September City Council
meeting.
C/M Hoffman asked if the City would be getting money back
when a new developer occupies the property and Mr. Foy
said this project would not cost the City anything. Mr.
Foy said the developer was spending the money for this
project with an agreement that a future owner would
reimburse the developer for the project.
VOTE:
ALL VOTED AYE
City Attorney Doody said there was a notice submitted to
the area by return receipt requested and the City Clerk
said the notices were submitted by her Office.
ORDINANCES
Building Department
19. MOTION TO ADOPT Temp._ Ord. #1393 on second reading
am neam ding Chapter 10-A of the Code to update the City's flood
hazard requirements to meet State and Federal criteria.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-20 - PASSED
Public Hearing was held.
APPROVED on second reading.
i'
Page ll
City Attorney Doody read Temp. Ord. #1393 by title.
C/M Hoffman MOVED to APPROVE Temp. Ord. #1393 on second
reading, SECONDED by C/M Rohr.
Bob Jahn, Chief Building Official, said this Amendment
changed the City's Code to comply with the requirements
of the National Flood Control Ordinance. He said by
making this change, the City was assisting the residents
by saving money on Flood Control Insurance.
Mayor Abramowitz Opened the Public Hearing.
Carl Alper, Resident, asked if this Item had anything to
do with the pumps used to eliminate water from the
streets into the canals.
Mr. Jahn said if Mr. Alper was referring to the above
ground pumps, no; however, this matter did involve the
submersible pumps.
An Unannounced Speaker asked if this Item could be
explained and Mayor Abramowitz said this was the second
reading for this Item. He said this Item would be
changing the Code to comply with the National Flood
Control Ordinance.
Mr. Jahn said he wrote the first certified Ordinance in
1976 and the language used at that time, was changed at
the request of the National Institute of Flood Hazard
Insurance and compliance allowed the City to maintain
their certification.
City Manager Kelly asked Mr. Jahn to explain the Flood
Insurance Program.
Mr. Jahn said if the City complied with the requirements
of this program, a reduced rate was given to the
residents.
Harry Rosen, Resident, said he lived across from a City's
waterway. He said if the canals are not corrected by his
home, he would lose plants and trees. He said he was
asked to write a letter to the City regarding this
complaint; however, he did not feel that a letter was
necessary. He said the City Council should ask the
Public Works Department to look into this matter.
Mayor Abramowitz said unfortunately, the law only allowed
the City to operate at certain times regarding the
canals. He said when the water reaches a certain level,
the City was allowed to pump the canals. He said on
August 31, 1988, Senators Peter Weinstein and Peter
Deutsch along with him, the City Manager and the Mayor of
Lauderhill, would be meeting with the South Florida Water
Management District regarding these problems.
Mayor Abramowitz said the reason he asked that a letter
be written was to record the complaint. He asked that
the residents contact the City Council on rumors as
opposed to believing them.
Miriam Dagon, Resident, said the City Council should be
more aware of the space being taken by unoccupied
shopping centers. She said these shopping centers were
making the areas more hazardous for flooding because the
City's water table was being reduced.
Page 12
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Walter Rekuc, Resident, suggested the City'Council ask
the South Florida Water Management District to attend a
City Council meeting and explain why the flood gates were
not being opened.
Mayor Abramowitz said the City Council would call a
workshop on this matter and he thanked Mr. Rekuc for his
suggestion.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE: ALL VOTED AYE
Community Development
20. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1394. Petition #18-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1394
on second reading concerning a request by STUART FEINER to
rezone the recreation area for the proposed residential
development to be known as COLONY COVE located on the east
side of NW 88 Avenue, south of Colony West Golf Course
Clubhouse, from R-3U (Row House) to S-1 (Open Space/
Recreational). Petition #18-Z-88.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-21 - PASSED
Public Hearing was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
a. Thelma Brown -Porter, City Planner, said she submitted the
Affidavits of Publication and Posting to the City Clerk
and those documents were in final form.
* C/M Hoffman MOVED to APPROVE the Affidavits of Publication
* and Posting for Temp. Ord. #1394, SECONDED by C/M Bender.
b. City Attorney Doody read Ter m2. Ord. #1394 by title.
* C/M Hoffman MOVED to APPROVE Tem2. Ord. #1394 on second
* reading, SECONDED by C/M Bender.
Mrs. Brown -Porter said the Master File number is 27-81
and the request is to rezone to comply with the Site Plan
requirements for a recreational parcel. She said the
total size of the recreational parcel is 0.33 acres and
the zoning would be S-1 allowing recreational purposes
only. She said the Planning Commission and staff
recommend approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
Mark Thompson of Darby and Way, said on August 10, 1988,
the revised Site Plan was brought before the Planning
Commission. He said the purpose of the Revised Site Plan
was to eliminate 2 units on the northern end of the site
which made the number of units 39 as opposed to 41. He
said a cul-de-sac was to be on the site rather than an
access tract to Colony West.
Mr. Thompson said the original Plans were approved by the
City Council and the Revised Site Plans were being
reviewed by the City staff since August 10, 1988. He
said the City Planner informed him that the Revised Site
Plan would not be on this Agenda because of a minor
Page 13
8/24/88
technicality. He said the exhibits were not submitted to
accompany the Irrevocable Option, which was an instrument
that allowed the City to take the road back within 50
years if the homeowners did not want it.
Mr. Thompson said the developer dedicated the 50-foot
right-of-way corridor on the site with a cul-de-sac on
each end which complied with all of the Engineering and
Code criteria.
Mr. Thompson said Mr. Feiner made substantial extensions
on his commitment to purchase the property and
anticipated having the Revised Site Plan reviewed at this
meeting. He said Mr. Feiner made closing and scheduled
commitments on the property. He asked if the City
Council would consider the Revised Site Plan and Rezoning
Plans at this time.
City Attorney Doody said he informed Mr. Thompson that he
would advise the City Council not to approve the Revised
Site Plan because it was not on the Agenda, has not been
advertised and the City Council did not have a chance to
review it.
Mrs. Brown -Porter said she received a request from Mr.
Feiner approximately two days ago regarding the placement
of the Item on this Agenda; however, she did not receive
the orange signoff sheet from the Engineering Department
accepting the easement. She said staff received the
signoff sheet on August 23, 1988 and it was in an
accepting form; however, the City Council was not given
the Revised Site Plan for review.
C/M Hoffman said the City Council has not received the
documents for the Revised Site Plan; therefore, it should
not be considered at this time. Mayor Abramowitz agreed
with C/M Hoffman.
V/M Stelzer asked if this Item should be Tabled and City
Attorney Doody said the Item before the City Council was
for rezoning. He said the City Council should act upon
the rezoning at this time.
VOTE:
ALL VOTED AYE
21. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1382. Petition #9-Z-88.
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1382
on second reading concerning a request by WILLIAM F.
JURIET, TRUSTEE, to rezone lands on the southeast corner
of University Drive and NW 61 Street from B-6 (Business
District) to B--2 (Planned Community Business) . Petition
#9-Z--88 (second reading tabled on 4/27/88)
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-22 - PASSED
Public Hearing was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
a. Mrs. Brown --Porter said she submitted the Affidavits of Publi-
cation and Posting to the City Clerk.
* C/M Hoffman MOVED to APPROVE the Affidavits of Publication
* and Posting for Temp. Ord. #1382, SECONDED by C/M Bender.
VOTE: ALL VOTED AYE
1
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8/24/88
b.
TAPE 3
11
City Attorney Doody read Temp. Ord. #1382 by title.
Mrs. Brown -Porter said the current zoning on the property
is B-6 and the legal description is "Summit Professional
Complex" at Plat Book 101, Page 29. She said the type of
use being requested is a rezoning from B-6 to B-2. She
said the total number of acres are 7.6786 and on March 2,
1988, the Planning Commission approved the rezoning
request and submitted the approval recommendations to the
City Council. She said the City Council Tabled this Item
until the Wellfield Maps indicated the Wells and, since
then, staff worked with the architect to relieve some of
the concerns regarding the access onto 61st Street. She
said the Site Plan would come before the City Council at
a later date indicating those changes.
Mrs. Brown -Porter said the uses the Petitioner proposed
were B--2 uses with the eliminations as indicated in the
packets. She said the B--2 zoning allowed for a larger
setback than the B-6 and the Petitioner attached a copy
of the Declaration of Covenants and Restrictions which
were submitted voluntarily by the Petitioner. She read
the uses voluntarily eliminated by Mr. Juriet as follows.
Air Conditioning equipment (retail and repairs)
Ambulance services
Animal clinics
Boarding kennels for animals
Armor car service equipment
Auto Parts, equipments, excessory, (new or retail)
Hotel (wholesale and repair)
All major repairs being done in an enclosed building
Outside storage
Paint body shops
V/M Stelzer asked why the four items regarding repair had
to be listed and Mrs. Brown -Porter said the four items
were to be listed as per the City Code. She said staff
wanted to make sure that these items were listed for
further reference.
Mrs. Brown -Porter continued reading the uses being
eliminated as follows:
Automobile tires (wholesale)
Automobile dealers displays
Bars
Billiard rooms
Pool rooms
Boat rentals and sales
Bottled gas
Bowling alleys
Bus terminals
Current and auto service restaurants
Feed and seed suppliers
Gasoline oil filling stations
Guns
Hotels
Insect and rodent exterminating
Landscape nurseries
Motels
Parking garages (both commercial)
Pet shops
Soft drink stands
Tire, battery and excessory
Automobile retail and installation
Waiting rooms and ticket offices for transportation
Page 15 �,
8/24/88
Mrs. Brown -Porter said the conceptual Site Plan indicated
60% professional uses and 40% retail uses. She said
there were proposed additional professional uses which
have not been identified by the Architect and this would
take the percentage of the professional uses from 60% to
80%.
V/M Stelzer asked if the bottled gas elimination would be
for sales and service only and Mrs. Brown -Porter replied
that the outside tanks could not be eliminated; however,
the tanks would not be able to be sold or serviced on the
property.
V/M-Stelzer said this should be stated on the list of
restrictions and Mrs. Brown -Porter said she was aware of
this matter; however, the City Code did not address
bottled gas in this way. She said she was trying to
follow the City Code as it is written; however, she would
make a note on this matter for her records.
C/M Hoffman had concerns with 61 Street being narrow and
said the school served the community behind it. He
asked if access from the property to 61 Street could be
eliminated with a requirement that all traffic
ingress/egress be directed out through University Drive.
Mrs. Brown --Porter said she spent a lot of time at Broward
County reviewing the Trips. She said "Trips" meant the
amount of traffic impact to the area and 61 Street was a
very small road which could not take traffic impact. She
said the Architect felt there could not be ingress/egress
traffic on 61 Street and this will be indicated on the
Site Plan. She said if the Petitioner received approval
on the rezoning, the access to 61 Street was not being
approved because there was not adequate area on 61 Street
to accommodate traffic.
C/M Hoffman asked if the City Council could make that a
condition of approval and Mrs. Brown -Porter said this
could not be done at the rezoning Hearing. She said she
could assure the City Council that there was not adequate
size on 61 Street to allow for egress/ingress. She said
the Planning Department was responsible to the City at
the time of the Site Plan to make sure that the traffic
does not impact a surrounding community.
Mrs. Brown -Porter said there was one problem on the Plat
which the Architect was reviewing. She said there was an
access point which was previously approved and Broward
County agreed that the Trips coming into the small
neighborhood via 61 Street would greatly impact the area
and make a burden for traffic. She assured the City
Council that staff was requiring this be corrected at the
time of Site Plan review; however, this could not be
stipulated during the rezoning Hearing. She said the
Architect voluntarily submitted a conceptual Site Plan
for the City Council and staff to review.
C/M Bender said there are 2 water wells directly behind
the property which are Wells 10 and 11. He said the
conceptual Site Plan indicated shops, such as, Beauty
Salons, Florists, Dry cleaning and Camera Photo Studios.
He said all of these stores generate hazardous material
and he wanted it well documented that steps will be taken
to prevent contamination of the Wells.
Page 16
8/24/88
Mrs. Brown -Porter said the Petitioner was aware that the
property is in a Wellfield Protection area and the uses
described will need a special containment before they are
permitted on the property.
C/M Bender suggested the conceptual Plans be revised to
eliminate these types of stores and Mrs. Brown -Porter
said she would suggest this to the Petitioner.
V/M Stelzer asked how much of the parking lot belonged to
the property and Mrs. Brown -Porter said there was a
survey attached; however, there was a considerable amount
of land in the area which had concrete slabs for parking.
She said there is a cross parking agreement with NCNB
Bank allowing them to utilize some of the parking area.
She said the property contained 7.6786 acres.
City Attorney Doody said the City Council had a rezoning
Petition before them today and the Architect, in an
effort to provide the City Council with adequate
information, submitted a conceptual Site Plan. He said
the Item which should be considered is the zoning
district only. He said the uses should be discussed at
the time of Site Plan approval.
City Attorney Doody said he raised this matter because
the City Council should approve or deny the Item because
of zoning and not the uses.
V/M Stelzer had concerns with how the traffic could enter
NCNB Bank and Mrs. Brown -Porter said along University
Drive there was a secondary road. She said there was an
access agreement which would allow access into the Bank.
She said this agreement was part of the Site Plan Review
requirement to avoid land blocking property.
V/M Stelzer asked if the 61 Street exit would be used for
access to the Bank and Mrs. Brown -Porter said 61 Street
would not be used as access for any part of the property.
She said the alley way going to NCNB Bank would be
eliminated. She said all of the access problems would be
worked out during the Site Plan Review.
Mayor Abramowitz asked how the agreement of parking with
NCNB Bank would be effected if the Bank was to sell their
property.
Mrs. Brown -Porter said the agreement was a recorded
document with the City and the new owner of the property
would have to comply with the agreement.
Alex Shatter, Architect, said he was aware of the
ingress/egress problems. He said the conceptual Site
Plan indicated the property would contain two office
buildings and he would draw the Site Plan with the
suggestions of the City and the Planning Department. He
said Broward County's Traffic Engineering, Tamarac's Fire
Department and the Resident would also be advising for
the Site Plan.
Mr. Shatter said the Petitioner wanted to comply with the
concerns. He said the B-2 zoning only allowed for
Professional use and the area where the property was
located may not be occupied by Professional use only. He
said this is why the proposal for mixed use is being
made. He said the concerns of the property would be
r�
Page 17
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8/24/88
reviewed and complied with as much as possible. He said
the uses on the property would depend on the approval of
the City Council and Broward County.
Mayor Abramowitz Opened the Public Hearing.
Audrey Peck, Resident, had concerns with the many empty
plazas surrounding the area and she suggested that the
zoning for this property be left professional to avoid
more empty plazas.
Anthony Grimaldi, Resident, said 61 Street was used by
the residents and it would be difficult to exit the area
if it was closed off going into 61 Street.
Mayor Abramowitz said 61 Street would be closed on the
property -only and Mrs. Brown -Porter said the access off
of the property onto 61 Street would be the only area
eliminated.
Mrs. Brown -Porter said B-6 was not a professional zoning
district, it was a zoning district allowing for
commercial, professional and residential mixed. She said
13--6 would allow for a lot of the uses in B-2 and the
Petitioner voluntarily eliminated some of those uses.
An Unannounced Speaker asked what the difference was
between B-2 and B-6 zoning and Mrs. Brown -Porter said one
of the major differences pertained to residential
dwellings being allowed on the third floor of the
building. She said the B-2 zoning would also allow a
greater setback. She said in B-6 zoning a 25--foot was
allowed from the front and sides.
Mayor Abramowitz asked if the residents understood this
and they replied, no.
Mrs. Brown -Porter said if the developer wished to build
the same building on a B-6 property, the developer would
be allowed to build within 25-Meet of the property line.
She said staff objected to this and suggested that there
be a 50-foot setback, which meant the building must be
set back from the road 50-feet for visibility and to
avoid the buildings being so close together. She said
the advantage to the rezoning was a greater setback and
the total floor area allowed in the 13-2 zoning is 30% of
the total area which allowed a lower plot coverage. She
said they can build less on a B-2 zoning as opposed to a
B- 6 .
Florence Bochenek, Resident, said there were several uses
allowed in a B-6 zoning; however, B-2 had limited uses.
She said there were new usages being approved every day
and may not be accepted by the residents; therefore, she
suggested the 13-6 zoning remain for the property. She
said until the Petitioner presents a Site Plan there
could be any uses on the property.
Vickie Beech, Resident, had concerns with the Wells being
located behind the property and she asked if a furniture
refinishing company was allowed in a B-2 zone.
Mrs. Brown -Porter said there was no prohibition
guaranteed in the covenant. She said the use was
permitted under the City Code; however, this did not mean
that the City staff would allow uses which jeopardized
the Wells.
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Bob Foy, Director of Utilities/Engineering; said all of
the City's Wells were included in the Broward County
Wellfield Protection Map and, by Ordinance, the City was
required to prevent hazardous materials in the Well
areas. He said if the developers wanted permits for uses
containing hazardous materials, the developer was
required to obtain a permit from Water Management
Resources.
An Unannounced Speaker asked if the voluntary eliminated
uses in the B-2 zone were allowed in the B-6 zone and
Mrs. Brown -Porter said some of the uses would be allowed.
C/M Rohr said when a Site Plan was presented to the City
Council, a determination of what would be permitted was
made. He said it was a benefit to the City to have a
building built to less land. He said a 50-foot setback
was better and more beautiful than a 25-foot setback.
C/M Rohr said he did not feel the City needed more
shopping centers. He said the City Council was not
deciding the contents of the property at this time but
only deciding if the zoning should be.changed on the
property. He said the Community Development Department
wanted to eliminate the B-6 zoning to avoid these
problems in the future. He said there were very few B-6
parcels in the City and it was in the benefit of the City
to eliminate the B-6 zoning.
Mayor Abramowitz said the Family Mart Shopping Center has
been contracted and Albertson's would be located in that
shopping area. He said the Community Development
Department has been working on the shopping center on Nob
Hill and McNab Roads. He said the center next to Tamarac
Elementary School has been discussed and the City
attempted to buy the building; however, the owner said he
could buy Tamarac three times and the property was not
for sale.
Mayor Abramowitz said this was a rezoning request and the
Petitioner has complied to all of staff's requests. He
said a question was asked regarding how the City could be
assured that the Petitioner would maintain the voluntary
eliminations and he would like to hear the answer to this
question.
Mrs. Brown -Porter said she went to Broward County with
regard to the traffic impact with the proposed uses. She
said the City always consulted Broward County with their
concerns for traffic impact and Broward County did a Trip
Study for the City. She said prior to staff recommending
approval to the City Council, the impact to the
surrounding community was reviewed.
Mrs. Brown -Porter said when 61 Street was reviewed, the
Trip Study led her to believe that there would not be any
access on that road. She said to further assure that
there was no misinterpretation, she discussed the
voluntary eliminations with the Architect and that there
would not be any access along 61 Street. She said the
Architect understood the elimination of the access and
there was an existing access indicated on the Plat that
would have to be eliminated or addressed. She said the
traffic from this property could not impact 61 Street
because the road would not support the impact.
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Carl Alper, Resident, said the City Council should get
the changes in writing before continuing and he suggested
the City Council Table this Item until the next meeting.
City Attorney Doody said to do this was illegal and was
referred to as "Contract Zoning".
Anne Greene, Resident, said there would be problems with
61 Street being used as a through street for University
Drive and McNab Road. She asked if there was a
restriction in the City Code regarding noise. Mayor
Abramowitz answered, yes.
Mrs. Greene asked if the setback would allow the property
to be closer to Section 10 and Mayor Abramowitz said
Coral Springs required a larger setback and that was why
the buildings set further away from the Streets. He said
the 50-foot setback would make this property look better.
Mayor Abramowitz Closed the Public Hearing with no
further response.
* C/M Bender MOVED to APPROVE Temp. Ord. #1382 on second
* reading, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
Mayor Abramowitz asked the Architect to see that a nice
building and good project was placed on the property for
the City and the residents.
Mr. Shatter said they were working diligently with the
City to do this.
AT 11:55 A.M. Mayor Abramowitz RECESSED this meeting and
RECONVENED at 12:05 P.M. with ALL PRESENT.
Mayor Abramowitz asked the City Council if they would
object to Item 22 being discussed at this time.
C/M Hoffman suggested that Items 14 and 15 be discussed
and Mayor Abramowitz said Item 22 should be discussed at
this time.
General Administration
22. MOTION TO ADOPT Te_ mp. Ord. #1395 on first reading to
impose a six percent (6%) publ c service tax on the purchase
of electricity, metered or bottled gas (natural liquified
petroleum gas or manufactured), telecommunication and
telegraph services.
SYNOPSIS OF ACTION:
APPROVED on first reading.
Second reading and public hearing will be held
during the Regular City Council meeting on
September 14, 1988, at 7:30 P.M.
City Attorney Doody read Temp. Ord. #1395 by title.
Mayor Abramowitz said the public would have the
opportunity to state their case and objections on this
Item; however, their was information available and would
be distributed to the residents.
Mayor Abramowitz said when this matter was first
considered, he discussed the matter with several leaders
of the community. He said 1 person out of the people he
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talked to supported him during the election; however, he
discussed this matter with them under the agreement that
the discussion would not pertain to politics. He said he
presented the problem to the leaders and asked them to
discuss this matter with their people and attend the
meeting with their comments.
Mayor Abramowitz said the City Council was looking for
input from the residents regarding this matter and there
would be a Public Hearing held for further input. He
asked that the residents do not repeat comments of their
previous speaker on this Item.
TAPE 4
Anne Zimmerman, Resident, asked that the residents get a
copy of the Ordinance and City Attorney Doody suggested
that copies be distributed to the residents. City
Attorney Doody said the residents were welcome to come to
his office in the future for copies of Ordinances.
Mayor Abramowitz said the Ordinance was 15 pages and it
was not usual for the City to prepare this type of
Ordinance for the Public; however, copies would be made
for this Item.
V/M Stelzer said there were scrivener errors in the
Ordinance and City Attorney Doody suggested that the Item
be discussed before this is done.
City Manager Kelly said in reviewing the Budget proposals
the coming year, the implementation of a utility tax was
being considered for revenues. He said in reviewing the
needs, a calculation of the tax was made which would
bring in $800,000.00 to the City. He said this
calculation was not for a 12 month period.
City Manager Kelly said this was the first reading of the
Ordinance and the second reading would take place after
the Budget Hearings. He said the purpose of putting this
Item on the Agenda at this time was to allow the City, if
the Ordinance is approved at the second reading, to
collect the monies as expeditiously as possible. He said
the companies involved have to be contacted and it would
take them 120 days to place the tax in effect. He said
if the City Council decides to approve the tax at the
second reading, the executed copy of the Ordinance would
be sent to the companies at which time their records
would begin.
City Manager Kelly said the main utility tax discussed
was for telephone and electric; however, the Tax
includes, propane gas, bottled gas, fuel oil, telegraph
service. He said the main concern is the Electric and
Telephone Tax.
City Manager Kelly said the only City in Broward County
who did not have a Telecommunications Tax was the City of
Deerfield. He said Hallandale had a 7% tax and the other
Cities have a 10% tax.
At this time, City Manager Kelly read the Analysis of the
effective Tax Rate involving Tamarac and other Cities.
(SEE ATTACHMENT #1)
City Manager Kelly said overall, the City of Tamarac's
Tax Rate was lower than the surrounding Cities. He said
he proposed that the City allow Waste Management, Inc.,
to take responsibility for billing for garbage because
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the rates are going to be very high. He said other
Cities have eliminated their service for billing by
allowing Waste Management, Inc., to directly bill the
residents.
City Manager Kelly said the City has been providing the
billing service and absorbed the costs through the
Billing Department. He said the City Council denied his
recommendation because it would cost the City too much
money to make this change. He said the City Council
recommended that the City continue billing the residents;
however, the bill will be increased because the County
and,Waste Management, Inc., were making the increases,
not the City.
City Manager Kelly said the City Council agreed that if
the utility tax was notimplemented, the City would have
to reduce their services to the residents and the City
Council was not willing to do this.
Mayor Abramowitz said he would ask the City Council for
their comments and then the residents would be able to
speak.
C/M Hoffman said this subject of taxes was a hateful
subject to everyone. He said he was a Councilman and he
was responsible to the residents and the City for
maintaining a balanced Budget; however, he was also a
taxpayer and he did not like to pay taxes. He said he
would do everything possible to keep the taxes from
increasing; however, for the past 25 years, Tamarac has
been living on the fees of the developers and,
unfortunately, the development in Tamarac was ceasing
because there was no land available.
C/M Hoffman said Land Section 7 would be developed in two
years which was not helping the City pay the bills
presently. He said the City had to pay the bills which
are required to maintain services. He said approximately
46% of the City's total tax intake was spent on Police
and Fire services and he could not see the City operating
without these services because the safety of the
residents were the primary importance to everyone.
C/M Hoffman said the salaries were paid by the taxes to
maintain all the essential services of the City, such as
Public Works, Building Department, etc. He said there
was no way to stop paying salaries and the City Council
was fighting a tough battle to avoid salary increases.
C/M Hoffman said there were several courses the City
Council considered before deciding to implement the
utility tax. He said the City has been diligently trying
to increase the tax base and trying to bring in industry;
however, the City did not start doing this until a few
years ago. He said the City is bringing in industry to
help absorb some of the costs; however, in the meantime,
the bills must be paid.
C/M Hoffman said as a taxpayer looking at his assessed
valuation, he would be better off if the ad valorem rate
was raised $1.00 because this would bring in
$1,000,000.00 in Revenue. He said he would pay less this
way; however, this was not fair and he had to pay his
fair share of the operating costs for the City.
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C/M Hoffman said after reviewing all possible avenues, he
found that the most fair equitable and practical way of
raising the monies needed for maintaining the services of
the City was to impose a 6% utility tax basically on
Electric and Telephone.
C/M Hoffman said the Telephone Tax would only be applied
to local and Tntra-State services and the City cannot and
will not impose tax on long distance, out of state,
telephone services.
C/M Hoffman said it was unfortunate that the residents
had to have taxes; however, for many years several Cities
enjoyed the benefit of Revenue Sharing from the Federal
Government. He said, unfortunately, those benefits no
longer existed. He said the Administration in Washington
cuts taxes and, when this happens, the Local Governments
were forced to raise taxes to accommodate the shortfall.
C/M Hoffman said if the utility tax was not absolutely
necessary, he would fight to not have this tax
implemented.
C/M Rohr complimented C/M Hoffman on his presentation.
He said he has heard several objections by the residents
regarding the City's operations; however, the residents
have to act and think logically about the City's
operations or they will not improve. He said for every
dollar collected on property taxes, the City spends $8.00
for services.
C/M Rohr said the City no longer had the development
coming into the City and this was why the City had a
shortfall of approximately 1.1 million dollars. He said
the.City had to consider where the money was coming from,
what could be cut and what could be done to make up for
the shortfall. He said this shortfall will continue
unless the City gets commercial building that will
generate good tax bases.
C/M Rohr said the average cost for electricity may be
$1,000.00 per year and, at 6%, it would cost the resident
$60.00 per year. He said the average telephone bill may
be $360.00 per year and, at 6%, it would cost the
resident $21.60 per year. He said this increase totaled
$81.60 per year. He said if the average property tax was
$50,000.00 per year, and the ad valorem was raised, the
average person would be paying a lot more than $81.00 per
year.
C/M Rohr said when the residents required services from
the City, their fair share had to be paid and the
residents should not make someone else pay for their part
of those services.
C/M Bender said there were two sources of revenue
established in the City, one was from the developers and
the other was the utilities. He said the revenues from
water and sewer could not legally be used to run the
City; however, this did not preclude the City Council
from investigating the use of the funds. He said the
City Council was not concentrating on raising revenue
alone, they were concentrating on reducing the expenses.
He said the City Council was looking at every angle to
avoid having the residents pay more money.
Page 23
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V/M Stelzer said the ad valorem taxes, which were
approximately 3.5 million dollars, did not pay for half
of the costs to run the Fire and Police Department;
therefore, other sources were needed to pay the costs.
He said out of the 27 Cities in Broward County, there
were only 6 Cities who did not charge Utility Taxes and
those Cities had less then 10,000 people.
V/M Stelzer said there were scrivener errors in the
Ordinance and he would discuss these with the City
Attorney before the second reading.
Mayor Abramowitz said when the City Council began
reviewing the Budget, they found that there was going to
be a one million dollar shortfall in development fees.
He said the City Council was informed that in order to
keep pace with the services presently provided by the
City, the City would be short another million dollars.
Mayor Abramowitz said this meant that there would be
approximately two million dollars needed for the City to
run properly. He said the City Council discussed the
method of raising money and the first option was to cut
the services. He said he received approximately 25
letters and phone calls from residents because of the
services of the City. He said the residents want the
services improved and services added; therefore, the
City's services do not need to be cut.
Mayor Abramowitz said the City Council requested the City
Manager find a feasible solution to the shortfall other
than cutting the services. He said the City had revenues
expected in a few years; however, the City needed the
money for this year. He said he did not want to spend
money that was not available; therefore, the City Council
reviewed every area available and made a decision that
the Budget would be as factual as it can be. He said the
City Council realized that there were residents who lived
day to day and had to determine how they could make up
for the shortfall.
Mayor Abramowitz said it was suggested that the ad
valorem be raised; however, the residents in
condominiums, single family homes and businesses had to
be considered as well as the fair share of each person.
He said if the ad valorem tax was raised, it would not
have been an equitable arrangement because the fair share
would not have been distributed. He said the City
Council reviewed the utility tax and it was the most
feasible way to handle the matter.
Mayor Abramowitz said the residents have complained
because the lighting in the City was not good; however,
the lighting would not be improved if the City did not
have the money. He said the canals could not be cleaned
unless there was money available. He said he would like
everyone to be Mayor for 30 days to see what really had
to be done to make the City operate. He said there are
problems he never realized.
Mayor Abramowitz said if the residents do not want to pay
taxes, they must not care if the Police and Fire Services
are cut. He said the City Council was very concerned and
cared about what was happening to the residents and the
City. He said the utility tax was proposed after great
thought and review and he had enough confidence in the
people to understand why this tax was needed.
Page 24
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TAPE 5
Mayor Abramowitz Opened discussion to the Public.
Ray Munitz, Resident, asked why the City Council stated
that they could not increase the ad valorem.
City Manager Kelly said once the initial tentative rate
was sent to the Broward County Appraisers Office, it
could be decreased only.
Mr. Munitz asked why the initial rate was submitted
without a Public Hearing and City Manager Kelly said a
Public Hearing was not required for the initial tentative
rate.
Mr., Munitz said the City Council was jumping to
conclusions when they submitted the rate to the Broward
County Appraisers Office. He said the residents were
wasting their time discussing this matter because the
City Council already made up their mind. He asked what
would happen if the City Council decided not to approve
the utility tax because of the objections of the
residents.
City Manager Kelly said the services 'would have to be cut
because the initial tentative rate could not be raised.
Mr. Munitz said as a resident for 15 years and a
Councilmember for 2 years, this was the third time the
City tried to implement a utility tax. He said he did
not understand how the City could predetermine a rate
without knowing the source of income.
Mayor Abramowitz said the City Manager informed the City
Council that the rate had to be submitted to the Broward
County Appraisers Office and the rate submitted could not
be raised; however, it could be lowered. He said it was
suggested that the rate be submitted to cover the City;
however, the City Council did not want a rate submitted
that was not honest.
Mr. Munitz said the City Council was placing themselves
in the corner by setting a rate that could not be
increased. He said the utility tax was unfair,
inequitable and it was taxation without representation.
He said there are people who live in the City for 6
months; therefore, the services they are paying taxes on
are based on a 12 month Budget. He said not leaving room
in the ad valorem was a mistake and the City Council will
have to live with the error.
Mr. Munitz said the only money available to assist the
City could be found in the ad valorem and a utility tax
was not feasible. He asked what services the City would
provide for telephones and electricity to take a 6% tax.
Anthony Grimaldi, Resident, said C/M Hoffman said the
telephone taxes would not be applied to out of State
calls; however, there were several residents who made
long distance calls within the State daily. He said the
houses in Sunflower/Heathgate spent approximately $250.00
per month for electricity and telephone bills. He said
this tax was unfair to these people and the City should
have submitted a higher ad valorem. He suggested the
City Council deny the utility tax.
Irving Lopatey, Resident, said the Utility tax was not a
Public Service Tax. He said the City was not performing
a Public Service for this tax and it was not a user tax
Page 25
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because the City was not contributing anything. He said
the residents were already paying a 6% franchise tax to
the electric and telephone company. He said the ad
valorem tax should have been raised because the utility
tax would be unfair to the residents because of the
differences in their assessed valuations.
Walter Rekuc, Resident, said he has been studying the
income of this City for several years. He said the
Utility Tax was a method of charging the taxpayers of
single family homes and condominiums instead of the real
estate owners, such as, apartment owners, country clubs
and land owners.
Mr. Rekuc said the transfer of the billing to Waste
Management, Inc., was no benefit to the taxpayers. He
said the City Council has failed to indicate why the
utility taxes were better than raising the ad valorem.
He said real estate is deductible income tax; however,
utility taxes are not and this results in a tax increase
of 18% to 35% to the owners of single family homes and
condominiums.
Mr. Rekuc said an explanation of what the money would be
used for was not given except by saying it would cover
the Budget deficit in 1988/89 which would make the tax a
Budget item. He said this tax was a nickel and dime tax
being used instead of the City Council facing the
expenses. He said the senior citizens should not be
harassed by a variety of taxes that are shields for lack
of financial control.
Mr. Rekuc suggested that the City Council deny this tax
and meet the expenses through real estate tax revenue.
He said if the City Council and staff could not balance
the Budget without an increase, a Taxpayer Committee
should be formed involving concerned citizens that are
knowledgeable in accounting and budgeting.
Mr. Rekuc said C/M Hoffman said there may be a need to
cut salaries, expenses and services. He said this may
have to be done and other Cities have combined their
Police and Fire Departments to reduce double
administration. He said this has been suggested to the
City Council in Tamarac for 3 to 4 years and nothing has
been done. He said other Cities combined their Public
Works and Engineering Departments to eliminate their
unexperienced but over paid personnel. He said the City
has received recommendations such as these from
Management Consulting and Public Accounting Firms;
however, they have not acted upon those recommendations.
Mr. Rekuc said there are several assistants in the City
and it was time to eliminate the assistants and get
everyone to do their own job. He said if the assistant
was needed then maybe the Director was not. He suggested
the City compare the administration salaries to other
Cities and he asked why the City paid 30% to 40% more
than the City of Plantation for a Personnel Director. He
asked why the City was hiring employees from surrounding
areas rather than residents.
Mr. Rekuc said the City needed an Internal Audit
Department to review the City's expenditures because they
were out of control. He asked why the City was
sub -contracting and hiring consultants rather than doing
the work. He asked if the net revenue for the Bond Trust
Fund to pay off the Bonds would come from the sale of the
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old City Hall. He said when the new City Hall was
proposed, the efficiency of the building was expressed;
however, the residents are being informed that there was
an increase in cost.
Mr. Rekuc said the City was not in debt 15 years ago and
was self sufficient. He said the City went out of
control because of the Management, City Council and
Administration.
C/M Hoffman said Mr. Rekuc should look into who did the
assessing in Broward County. He said the City did not
assess the property and the City must abide by the
County`s assessment.
Ben Lieber, Resident, said he finds fault with the
utility tax and he did not believe the City Council
explored every resource for funds. He said when Broward
County assessed the homes, the rule of fair market value
was not applied. He asked if there was a way to have an
Audit to show the difference in the tax revenue of the
County and the property in Tamarac.
City Manager Kelly said the City could not do this;
however, he agreed with Mr. Lieber and Mr. Rekuc that the
assessments were under valued. He said the City has
submitted documents to the Broward County Appraisers
Office indicating the difference; however, the Broward
County Appraisers Office insistently disagrees.
Mr. Lieber said the City should not cut services and the
City Council was doing a good job; however, they were
limited because of the assessment valuations. He
suggested the City explore other avenues before imposing
this tax because it was not a represented tax and it was
unfair.
Sonny Winnerman, Resident, said he did not approve of an
ad valorem tax being sent to the Broward County
Appraisers Office that was not sufficient enough to run
the City. He said he did not agree with the City Council
stating that the residents would not receive the
necessary services if the utility tax is not approved.
Anne Zimmerman, Resident, said she has listened to the
residents complaining about the utility tax; however, she
has not heard solutions to the problems. She said if the
residents are having problems with their bills being too
high, they should takes steps to reduce them. She said
she approved of the utility tax and, if the residents
have solutions to these problems, they should be
submitted to the City Council.
Estelle Siegel, Resident, asked if the tax would be
collected by the Utility Companies and, if so, what
percentage would be used for their services.
Hank Hansen, Representative of Southern Bell, said
Southern Bell would be receiving 1% for services as
provided for in the Florida Statutes.
City Attorney Doody said the two communication companies
in the City are permitted to take 1% to pay for their
administrative cost and this was in the Florida Statutes.
He said the major source of revenue would come from
Florida Power and Light because they did not have the
authority to collect 1%.
Page 27
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TAPE 6
Mayor Abramowitz asked if Florida Power and Light would
be collecting 1% for their services and City Attorney
Doody said he could not speak for Florida Power and
Light; however, they were not required by the State
Statute to do so.
Leo Klineman, Resident, said if the City imposed this
tax, it would not make up for the entire shortfall of tWo
million dollars.
City Manager Kelly said the proposed Budget was balanced
providing the utility tax was imposed.
Mr. Klineman asked if the garbage collection could be
implemented to bring the City money and City Manager
Kelly said garbage collection was not involved with the
Budget.
C/M Rohr said the money collected for garbage was paid to
Waste Management, Inc.
C/M Hoffman said the City considered the contractor
billing the public; however, this was rejected for two
reasons. One reason was the contractor would charge an
additional $1.25 for handling the bills and the second
reason was that the contractor billed on a quarterly
basis which would require the residents to pay a larger
lump sum. He said the City decided to avoid this
inconvenience for the residents and continue the service.
Molly Wineworth, Resident, said for years the residents
have been discussing the benefits of the ad valorem taxes
and the City decided to stay away from the utility tax.
She said the list indicated what each City paid in
utility taxes; however, it did not indicate the cost of
the tax from the beginning to present. She said this
would happen in Tamarac as well.
Mayor Abramowitz said the law did not allow this tax to
raise any higher than 10% and he asked if the residents
wanted a phony Budget or the truth.
Mr. Wineworth said it would be more equitable for the
residents to have the ad valorem raised rather than
having the utility tax imposed.
Gerry Envie, Resident, asked if Mayor Abramowitz ran on a
platform of no tax raising and Mayor Abramowitz replied,
no.
Mayor Abramowitz said he would like to have each person
be Mayor for 3.0 days because they would change their
minds about the City if they were. He said when he
became Mayor, he met situations from past administrations
that were not handled properly. He said he was not going
to do what past administrations did and he would do
everything possible to make the City run properly.
Mr. Hansen of Southern Bell, said there were small areas
of disagreement in the Ordinance that he would like to
resolve. He said on
Page 14,
line 4, "all amounts of tax
payable", was advised
by their
Attorney to be changed by
inserting the words,
"received
from purchasers" between
"tax" and "payable".
He said
this change would comply
with Section 3, Page
7, of the
Ordinance.
Page 28
NUAM
Mayor Abramowitz suggested that this matter be discussed
with the City Attorney and City Attorney Doody said if
the City Council agreed with Mr. Hansen, the language
would be inserted because it was consistent with the
language in the Ordinance.
Mr. Hansen said their Attorney felt that under the
Florida Statute, Southern Bell had the right to have 120
days to implement the tax. He said Southern Bell's main
office felt that they could implement the tax within 60
days.
Mr. Grimaldi asked what would happen if the residents
refused,to pay the 6% and Mr. Hansen said the Ordinance
stated that Southern Bell would have the right to
discontinue that person's service; however, Southern Bell
would be complying with the Public Service Commission's
rules and regulations.
C/M Hoffman asked if Southern Bell would be collecting 1%
on the taxes and Mr. Hansen replied, yes.
An Unannounced Speaker suggested the City Council allow
this tax for 1 year only and consider the ad valorem tax
next year and Mayor Abramowitz said if the money was not
needed, the City Council would consider eliminating this
tax.
* C/M Rohr MOVED to APPROVE Temp. Ord. #1395 on first
* reading, SECONDED by C/M Bender
VOTE:
ALL VOTED AYE
At 1:05 P.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 1:15 P.M. with ALL PRESENT.
RESOLUTIONS
Community Development
15. MOTION TO ADOPT Temp. Reso. #5138 approving a site plan
and associated documents for the SPRINGLAKE II NORTH project.
(to be located at the southwest corner of NW 77 Street and
Westwood Drive.)
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-223 - PASSED
APPROVED.
A check in the amount of $427,208.05 was received
covering fees for water and sewer and future traffic
needs. This check will be held in escrow pursuant to
Resolution No. R-88--223.
City Attorney Doody read Temp. Reso. #5138 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5138, SECONDED by
* C/M Rohr.
Thelma Brown -Porter, City Planner, said the zoning of the
property is R-3 and the Master File number is 25-79. She
said the number of acres are 21.7 and the total number of
units are 170. She said the complex was 1 story and the
Planning Commission approved this Item subject to the
rezoning of the portion of the recreation parcel to R-3
and rezoning of lots 15 through 17 prior to the obtaining
of building permits. She said they must also obtain the
Release of Easement at the rear of Building 14 prior to
obtaining building permits.
Page 29
8/24/88
Mrs. Brown -Porter said she received a check in the sum of
$427,208.05 and she presented the check to be held in
escrow.
VIM Stelzer asked if a check would be held in escrow and
Mrs. Brown -Porter said it would be.
City Attorney Doody said the Site Plan was consistent
with zoning; however, the approval of the Site Plan was
contingent upon later rezoning.
Mayor Abramowitz asked if all the documents and Funds
would be held in escrow until the cash was available.
City Attorney Doody said the contingency date was October
30, 1988. He said the City will hear from the owner
stating the closing was taking place at which time the
check would be placed in the City's accounts and the
Agreement would be recorded or, if there was no closing,
the Site Plan would be null and void and the check would
be returned to the owner. He said the seller and the
buyer could not work out an Agreement by October 30,
1988, the check would be returned to the owner with the
documents and the Site Plan would null and void.
Mayor Abramowitz asked what would prevent the owner from
going to the bank and borrowing money against the project
and not following through with the plans for the project.
Susan Motley, Attorney for the owner, said the bank would
not loan the money except as a mortgage on the property;
therefore, the documents would be secured. She said the
bank would insure the City that the documents could be
released after the closing.
VIM Stelzer asked how the City would be reimbursed for
the administration expenses if there was no closing and
Mrs. Brown -Porter said she reviewed the developers
records and the fees have been paid to date; however,
when the rezoning and vacation of easement are ready for
approval, the developer would owe a sum of $400.00.
Ms. Motley said this matter would not be handled any
differently than when the City Council denies a Site
Plan. She said the City had to be compensated for their
fees; therefore, the request was only for the City to
hold the check until closing.
VIM Stelzer said he was not aware of the City doing this
before and Mrs. Brown -Porter said the only time this was
done was with Oxford Development, Inc.
VIM Stelzer had concerns with the City's liability with
the bank if the closing was not done and City Attorney
Doody said he suggested this matter be handled with a
conceptual Site Plan approval; however, the City should
not be liable.
City Attorney Doody asked if the closing was not done by
October 1, 1988, he would recommend that the City Council
rescind the Site Plan.
Ms. Motley said the Resolution was very clear as it
stands. She said this Item would be null and void if not
completed by October 30, 1988.
Page 30
11
1
8/24/88
City Attorney Doody said the approval on this Item did
not give the owner the vested right to develop and Ms.
Motley said the owner understood that they were not the
applicants for the development and they would not have
the right to build. She said the contract itself
provided that closing must take place on or before
October 25, 1988; therefore, the October 30, 1988
deadline was sufficient.
City Attorney Doody said the Resolution should be changed
to "October 30, 1988" as opposed to October 1, 1988.
VOTE: IALL VOTED AYE
Ms. -Motley said on behalf of those involved, she would
like to thank the City's staff for the cooperation on
this matter.
At 1.;,30 P.M., V/M Stelzer WITHDREW from the meeting.
Utilities,,?n_,.n -ering
14. MOTION 1O APPROVE the provisions of the Long Term Water
Supply �i?1aii Report as prepared by Hazen & Sawyer concerning
expanding the capacity of existing wells and construction of
new wells for permit renewal application to South Florida
Water Management District for potable water withdrawal; project
to be funded by CIAC impact fees. TUW Project 88-39
SYNOPSIS OF ACTION:
APPROVED.
Bob Foy, Director of Utilities/Engineering, said the Long
Term Water Supply Plan Report was prepared by Hazen &
Sawyer and was required by the South Florida Water
Management District. He said the report was provided so
the City could get their withdrawal permit for potable
water. He said the report binds the City to 1) commit
themselves to rehabilitate Wells 1 through 9 and, 2)
install 2 additional Wells during Fiscal Year 1989/90.
He said these projects would be funded by CIAC Funds and
he recommended this be approved.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
RESOLUTIONS
ALL VOTED AYE
16. MOTION TO ADOPT Temp._ Reso. #5137 awarding Bid #88-28
in the amount of $83,900.00 to C.E.M. Enterprises, Inc., for
the rehabilitation of water treatment plant Filters 5 and 6.
TUW Project 88--13
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-224 -- PASSED
City Attorney Doody read Temp. Reso. #5137 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5137, SECONDED by
* C/M Rohr.
Mr. Foy said this project was to rehabilitate 2 water
filters which have been in operation for several years
and were the last 2 of the 6 water filters needing
rehabilitation. He said one bid was submitted; however,
the bid was comparable to last year's bids and he
recommended approval.
Page 31
8/24/88
Mayor Abramowitz asked if this was legal and City
Attorney Doody said the City could either accept or
reject the bid and rebid the project. He said staff felt
this bid was reasonable for acceptance.
C/M Rohr asked if the funds were from the CIAC Fund and
Mr. Foy said the projects would be funded by money set
aside for the projects.
VOTE:
ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED the
meeting at 1:35 P.M.
NOkMAN ABRAMOWITZ, MAYOR
CAROL A. EVANS, CITY CLERK
"This public document was promulgated at a cost of $328.50 or $9.13 per
copy to inform the general public, public officers and empic,vees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMARAC
APPROVED AT MEETING OF 9 / Lem
Page 32
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;ORAL SPRINGS
RANI A
DAVIE
DEERFIELD BEACH
FORT LAUDERDALE
H ALLF. N DALE
HILLSBORO BEACH
HOLLYWOOD
LAUDERDALE BY SEA
LAUDERDALE LAKES
LAUDERHILL
LIGHTHOUSE POINT
MAR GATE
MIRAMAR
NORTH LAUDERDALE
OAKLAND PARK
PARKLAND
PEMBROKE PARK
PEMBROKE PINES
PLANTATION
POMPANO BEACH
SEA RANCH LAKES
SUNRISE
WILTON MANORS
TAMARAC
2.
M nv emnTTf'►f1�TTRF (� Fl G� Or
GARBAGE REMOVAL CHARGE
SEPARATE CHARGE
ri
TLTY
8% ON ALL UTILITIES
SEPARATE CHARGE
% /.10ON
ALL
UTILITIES
BILLED DIRECT BY
COLLECTOR`/ 109 ON
ALL
UTILITIES
SEPARATE CHARGE
10% ON
ALL
EXCEPT SEWER
BILLED DIRECT BY
COLLECTOR '/ 9% ON
ALL
EXCEPT TELEPHONE
SEPARATE CHARGE NO TAX
SEPARATE
CHARGE
10%
ON ALL EXCEPT TELEPHONE
INCLUDED
IN AD VALOREM
10%
ELECTRIC, 7% TELEPHONE
INCLUDED
IN AD VALOREM
NO TAX
SEPARATE
CHARGE
5%
ON WATER BILK
INCLUDED
IN AD VALOREM
7%
ON ELECTRIC
SEPARATE
CHARGE
NO TAX
BILLED DIRECT BY COLLECTOR
V/10%
ELECTRIC, 7% OTHERS
SEPARATE
CHARGE
NO TAX
SEPARATE
CHARGE
8%
ALL UTILITIES
SEPARATE
CHARGE
10%
ALL EXCEPT SEWER
SEPARATE
CHARGE
10%
ALL EXCEPT TELEPHONE/CA]
SEPARATE
CHARGE
10%
ALL EXCEPT WATER/SEWER
INCLUDED
IN AD VALOREM
NO TAX
CITY DOES
NOT PROVIDE
10%
TELEPHONEo
7% EXCEPT SEtn
SEPARATE
CHARGE
10%
EXCEPT SEWER/CABLE
SELLS PLASTIC BAGS
10%
ALL EXCEPT
WATER/SEWED
SEPARATE
CHARGE
10%
ELECTRIC,
7% TELEPHONE
INCLUDED
IN AD VALOREM
NO TAX
SEPARATE
CHARGE
10%
ALL UTILITIES
CITY DOES
NOT PROVIDE
7%
TELEPHONE,
0% ALL UTILI'.
?
NO TAX
Notes: All utilities unless s ecified include: Water, Sewer, Electric,
Telephone, Bottled or �etered Gas.
All cities having separate Garbage Removal Charges, bill this on
the utility bills.....
SUMMARY: 15 cities have separate collection charges.
5 cities include in the ad valorem tax.
5 cities have collectors bill direct.
20 cities have --utility taxeet as shown above.