HomeMy WebLinkAbout1988-10-31 - City Commission Special Meeting Minutes0-F y99
7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321.2401
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October• . .
MEETINGSPEClAL
CnT COUNCIL OF •RID
There will be a Special Meeting of the City Council on Monday, October 31, 1988 at
11:00 a.m. in Conference Room # 1 (Room 103), City Clerk's Office, City Hall, 7525 N.W.
88th Avenue, Tamarac, Florida.
The purpose of this meeting is discussion_ and possible action regarding:
1. MOTION TO-ADOEX Temv. Reso. #5223 authorizing the appropriate City officials to
make application for a Highway Beautification Grant with the Florida Department
of Transportation for Commercial Boulevard from NW 64 Avenue to NW 88 Avenue
(Pine Island Road).
FINAL ACTION: RESOLUTION NO. R-88-301 PASSED,
APPROVED.
2. ll 03:1ON TO ADOPT _ TemR. Reso. #5221 creating a seven (7)
member sign ordinance task force.
FINAL ACTION: RESOLUTION NO. R-88-302 PASSED.
APPROVED as amended: (1) adding in Section 2, A., the name "Anthony Silvestri".
(2) adding in Section 2, B., the names "Glen Meyers, Bruce Goldman and Kay Busch". (3)
adding in Section 2, -C., the names 'Thelma Brown -Porter and Dale Lee". (4) adding in
. Section 2, D., the name "Bruce Hoffman". (5) Creating a new Section 3: "Members shall
serve at the pleasure of the appointing authority." (6) The old Section 3 shall be
renumbered to become the new Section 4.
3. MOTION TD—AROPI Temg. R # 222 declaring the detective
trailer at old City Hall as surplus property.
FINAL ACTION: RESOLUTION NO. R-88-303 PASSED
APPROVED.
4. N TO APERM, the emergency purchase of UHF portable
radio equipment from Motorola for the Fire Department.
FINAL ACTION:
APPROVED.
5. MOTION TO AUTHORISE the change of wastewater treatment and
transmission capacity in Broward County's 201 system from 7.3
M.G.D. in 2005 to 7.3 M.G.D. in 1997; and to authorize the transfer
of $25,424 from CIAC Fund Account #432-389-125 to Square One
Debt Reserve Account #432-371-581-950.
FINAL ACTION:
APPROVED.
The City Council may consider and act upon such other business as may come
before it.
All meetings are open to the public.
GIal- ijant tOSE-clion 286,0105, Florida
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Vaith f'es eet b any m 'ta- y r r,lr era i Carol A. Evans
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AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
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CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, OCTOBER 31, 1988
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Monday, October 31, 1988 at 11i00 A.M. in Conference Room #1, (City
Clerk's Office).
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Thelma Brown -Porter, City Planner
Ken Burroughs, Finance Director
Ray Briant, Fire Chief
Bob Foy, Utilities/Engineering
Director
Carol. A. Evans, City Clerk
1. MOTION TO ADOPT Temp. Reso. #5223 authorizing the
appropriate City officials make application for a Highway
Beautification Grant with the Florida Department of Trans-
portation for Commercial Boulevard from NW 64 Avenue to NW
88 Avenue (Pine Island Road).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-301 - PASSED
City Attorney Doody read Temp. Reso. #5223 by title.
Thelma Brown -Porter, City Planner, said landscaping was
anticipated for the medians and sidewalks from 64 Avenue
to Pine Island Road. She said the entire Grant cost was
$56,500.00 and the estimated maintenance cost was
$24,620.00. She said the Grant would be shared 50%/50%
with the City of Lauderhill and she recommended approval
of this Item which would only transmit the application to
the State. She said the City would not be informed of
the State's decision for 90 days.
* C/M Bender MOVED to APPROVE Temp. Reso. #5223,
* SECONDED by C/M Hoffman.
Mayor Abramowitz asked if this Grant was for the forestry
and Mrs. Brown -Porter said this Grant was from the
National. Resources Organization. She said the forestry
Grant was presently being processed.
Mayor Abramowitz said the City of Lauderhill was informed
that there was money available for forestry
beautification. He asked staff to contact the City of
Lauderhill on this matter and participate on the request
for money.
Page 1 \.
10/31/88
V/M Stelzer asked if the City of Lauderhill was filing an
application for the Grant and Mayor Abramowitz said he
asked the City of Lauderhill to contact staff to discuss
the matter.
V/M Stelzer asked if the City had any maintenance
agreements east of 64 Avenue and Mrs. Brown -Porter said
the area east of 64 Avenue was under the Department of
Transportation and Revenue and Grant Applications were
not being accepted.
V/M Stelzer asked if the sprinkler project was required
and Mrs. Brown -Porter said the maintenance for the
project was considered low maintenance; therefore, a
sprinkler system was not needed.
VOTE:
ALL VOTED AYE
2. MOTION TO ADOPT Temp Reso. #5221 creating a seven (7)
member sign ordinance task force.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88--302 - PASSED
APPROVED with Amendments.
City Attorney Doody read Temp. Reso. #5221 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5221,
* SECONDED by C/M Bender.
City Manager Kelly said this Item was recommended at the
October 20, 1988 City Council Workshop. He said the task
force had to be appointed by Resolution. He said Anthony
Grimaldi, Chairman of the Planning Commission, appointed
Anthony Silvestri, Planning Commissioner, to represent
the Planning Commission. He said Glen Meyers, Bruce
Goldman and Kay Busch were appointed by the Chamber of
Commerce and his designees would be Thelma Brown -Porter,
City Planner, and Dale Lee, Acting Building Official..
Mayor Abramowitz said he would like any problems with the
Committee resolved immediately because this matter was
very important. He suggested that the Chairman be one of
the City Manager's designees.
The City Manager and City Council AGREED that Thelma
Brown -Porter would be Chairwoman of the Sign Ordinance
Task Force Committee.
City Manager Kelly suggested that the Board serve at the
pleasure of the City Manager and City Attorney Doody said
he would clarify this in the Resolution; however, there
was a provision stating that each designee served at the
pleasure of the respectable appointing Bodies.
City Manager Kelly said the purpose of the provision was
to provide that the designees could be replaced in case
of an absence.
City Attorney Doody said he would see that the Resolution
was Amended to provide for these changes.
Mayor Abramowitz appointed C/M Hoffman as the City
Council's representative on the Sign Ordinance Task Force
Committee.
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10/31/88
VOTE:
ALL VOTED AYE
3. MOTION TO ADOPT Temp. Reso. #5222 declaring the
detective trailer at old iC ty Hall as surplus property.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-303 -- PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5222 by title.
* C/M Bender MOVED to APPROVE Tem2 Reso. #5222,
* SECONDED by C/M Hoffman.
City Manager Kelly said the existing detective trailer
was not being used. He said the Broward Sheriff's Office
was interested in using the trailer for the Coupon Fraud
Case; however, they advised that they would not be
needing the trailer for the Case until later; therefore,
if the City could sell the trailer, they should proceed.
City Manager Kelly said another Municipality and School
expressed their interest in the trailer; however, in
order to sell the trailer it had to be declared surplus
property by the City Council.
V/M Stelzer asked if the trailer had to be auctioned and
City Manager Kelly the City would offer the trailer to
the public sector and, if no one was interested, the
trailer would be auctioned.
City Manager Kelly said an appraiser would be surveying
the trailer and would advise the City of the estimated
value of the trailer.
VOTE: ALL VOTED AYE
4. MOTION TO APPROVE the emergency purchase of UHF
portable radio equipment from Motorola for the Fire Depart-
ment.
SYNOPSIS OF ACTION:
APPROVED.
Ray Briant, Fire Chief, said this year's Budget indicated
costs for the change of the system from VHF to UHF;
however, it was pending on the sale of the surplus
property. He said he transferred funds from the
operating expenses to create a new Line Item for the
purchase of the radios.
Chief Briant said the radios were needed and Tamarac was
the last City waiting to purchase them. He said without
the radios the Fire Department could not communicate with
Fire Central.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mayor Abramowitz asked what would be done with the old
radios and Chief Briant said the old radios would be used
as backup radios for such things as hurricanes, etc.
Mayor Abramowitz asked what the difference between the
two radios were and Chief Briant said the old radio
system worked well for Tamarac; however, the surrounding
Page 3 %
10/31/88
Cities had the UHF system and communication was lost in
some areas when using the VHF system.
Chief Briant said if the radios were not purchased,
dispatchers would have to be hired to handle the Fire
Department's emergencies.
V/M Stelzer asked what account the money for the Police
cars was charged to and City Manager Kelly said the money
for the Police cars came from the Revenue Sharing
Account.
V/M Stelzer asked if the Revenue Sharing monies could be
used for the purchase of the radios and City Manager
Kelly said there were no monies available in that account
at this time.
Chief Briant said he transferred the money from the Fire
Department's Operating Account to purchase the radios in
hope that the money would be placed back into the
Operating Account after the sale of the old City Hall
property.
V/M Stelzer asked if the money could be borrowed and City
Manager Kelly said borrowing the money was not necessary
for this equipment.
VOTE: ALL VOTED AYE
5. MOTION TO AUTHORIZE the change of wastewater treatment
and transmission capacity in Broward County's 201 system from
7.3 M.G.D. in 2005 to 7.3 M.G.D. in 1997; and to authorize the
transfer of $25,424.00 from CIAC Fund Account #432-389-125 to
Square One Debt Reserve Account #432-371-581-950.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said the
existing capacity in the Broward County 201 Program was
based on the population projection of buildout in the
year 2005. He said the current population projection was
that buildout would occur in 1997. He said these
projections were being used in the State Comprehensive
Plan.
Mr. Foy said if buildout occurred in 1997, the capacity
would be eliminated in 1995 if the existing 201 Program
was used. He said this would cause a moratorium in the
City until the County erected another system with more
capacity.
Mr. Foy said the City committed themselves to provide
service to the developer on the south portion of Land
Section 7 and Lennar Homes. He said if the capacity was
not changed, there may be problems in the future. He said
to find savings was not the only reason for the change.
Mayor Abramowitz asked how this change would be saving
the City money and Mr. Foy said last year the City was
using a capacity of 7.9 versus the existing 7.3 capacity.
He said the difference created a savings and there was a
sinking fund based on the 7.9 capacity.
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10/31/88
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Mr. Foy said the City purchased additional capacity in
the amount of .9 M.G.D. for $707,000.00 which reduced the
Square One Debt payment in 1991; therefore, a savings of
$300,000.00 existed each year.
C/M Hoffman asked how the City was able to obtain more
gallons for less money and Mr. Foy said this year's
Budget contained $381,924.00 for Debt Service in a
sinking fund. He said last year, a similar amount was in
a sinking fund and $334,000.00 would be saved this year.
C/M Bender had concerns with the annexed areas affecting
the capacity and Mr. Foy said the anticipated annexed
areas would not affect the change because the franchised
area was defined and described and within the City
limits. He said the other areas would be handled by
another source.
Mayor Abramowitz asked the City Manager if he reviewed
the change and City Manager Kelly said he reviewed the
matter for a .long time and came up with the same
questions as C/M Hoffman.
Mayor Abramowitz asked if the City Manager approved of
the change and City Manager Kelly said he would vote yes
because in meeting with Broward County, he was assured
that this change was needed.
C/M Hoffman said had confidence in Bob Foy; however, he
would like to understand the matter better. He asked if
there would be problems in the future if the rates were
deducted by $334,000.00.
Mr. Foy said this would not present a problem because the
money would be deducted from this year's Budget and would
not be needed for the budgets next year or the following
year.
C/M Rohr suggested that the Interim Service Fees be
reimbursed with $334,000.00 and City Attorney Doody said
this decision would be an administrative decision;
however, he would not object to this being done.
Mayor Abramowitz said C/M Rohr's suggestion was very good
and requested the City Manager take this under
advisement.
Mr. Foy said as the Director of Utilities/Engineering, he
felt that the City should not make it a policy to
constantly transfer excess money from the Utilities
Department to another Department.
VOTE:
OTHER BUSINESS
ALL VOTED AYE
City Manager Kelly said later today, the first meeting
with Waste Management, Inc., would take place in
negotiating a recycling program.
Page 5 �/
10/31/88
City Manager Kelly said he would be asking a brokerage
firm to review the matter regarding the old City Hall
property.
City Manager Kelly said he met with Visual Graphics and
was informed that the tenant with the storage contract
had a 3 year contract and 2 years remained with the
option to renew. He said the property could be bought at
1-1/2 times the gross income. He said the landscaping
would be completed at the end of the week; however, the
City Planner had concerns about the landscaping not being
sufficient on one end of the property; therefore, the
Assistant City Planner would be discussing the matter
with the Contractor.
Mayor Abramowitz asked the City Manager to obtain the
date in which the tenant with the storage contract signed
the contract.
C/M Hoffman asked if the issue of the butane tanks on the
property was discussed and City Manager Kelly said Code
Enforcement and the Acting Building Official were
investigating this matter. City Manager Kelly said a
written report would be submitted to the City Council
regarding this matter.
Mayor Abramowitz said the City Council received
complaints daily on this matter and he would like to see
that matter resolved because it has been going on long
enough.
C/M Hoffman asked if the City could create an Ordinance
prohibiting vehicles with butane tanks from parking for a
certain period of time if no such Ordinance existed
elsewhere.
V/M Stelzer had concerns with this type of Ordinance
because it may create a problem with outside Barbecue
grills. City Manager Kelly said this matter would be
investigated.
Mayor Abramowitz said he was very concerned with this
matter because it affected many residents.
City Manager Kelly announced that Patricia Rancati would
be resigning at the end of 1988; therefore, the City
wanted to resolve the matter regarding the Multi -Purpose
Complex as soon as possible. He said the School Board
was below State standard in acreage and everyone agreed
that the Multi -Purpose Complex should be located at the
halfway point between Tamarac Elementary School and the
Tamarac Recreation Building.
City Manager Kelly said the School Board expressed their
interest in giving the property to the City in exchange
Of the City's property in the rear so that the School
Board could record the property as property for future
growth. He said he informed the School Board that the
City needed the property and the School Board said they
would lease the property on a long term basis because the
property was only needed for their records.
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Page 6 L,-
10/31/88
City Manager Kelly said he and the Public Works Director
discussed this matter and agreed that this would be a
good transaction. He said as soon as a contract with the
School Board was drafted, he would submit it to the City
Council for review.
C/M Hoffman said this plan seemed to be better than the
first one because he would prefer that the City owned the
property they built on.
-----------------------------------------------------------------
V/M Stelzer asked if the house across from the old City
Hall was being investigated because there were several
cars parked on the lawn.
C/M Hoffman said the City was having problems because the
Police Department was not enforcing the City Codes.
City Attorney Doody said Code Enforcement would be citing
that home soon.
C/M Hoffman said the City should get the Police
Department to enforce the City Codes when the Code
Enforcement Officers are off duty. He said the Police
Department should begin writing summons.
City Manager Kelly said the Acting Building Official
appointed 2 new Code Enforcement Officers today which
would give the Department a wider coverage for weekends
and evenings.
C/M Hoffman asked if the Code
write summons like the Police
Enforcement Officers could
Officers and City Manager
Kelly
replied, no.
Mayor
Abramowitz had concerns
with the citations being
heard
by the Code Enforcement
Board months after they
were
written. He said this matter should be resolved
after
the Sign Ordinance concerns.
C/M Hoffman asked if the City could give the Code
Enforcement Officers the power to write summons and City
Attorney Doody replied, no. City Attorney Doody said the
State Statute indicated that Code Enforcement Officers
could only issue notices of violations for the Code
Enforcement Board.
Mayor Abramowitz said he received several complaints
regarding residents calling the Code Enforcement Office
after hours, being referred the Police Department and the
Police Department referring the residents to call the
Code Enforcement Office during their office hours.
City Attorney Doody suggested that the City Council
attend the next Code Enforcement Board meeting so they
can be aware of how well the Code Enforcement Officers
see that the Codes are followed. He said the compliance
rate in the City was presently 98%.
Mayor Abramowitz said he was not saying that the Code
Enforcement Officers were not seeing that the Codes were
followed, he was saying that the laws in which they work
were not good.
Page 7
10/31/88
C/M Hoffman said he would like a report as to what
violations could be handled by the Police Department. He
said if the Police Department began to write summons for
violations, the violations would decrease.
City Manager Kelly said he met with the Charter Board
during one of their Workshops regarding the Budget
process. He said he informed the Charter Board that he
and the Finance Director were considering holding a
Seminar for the residents regarding the complete Budget
process; however, the Charter Board must have
misinterpreted this because they were requesting that he
and the Finance Director attend their meeting of November
4, 1988 to discuss the Budget process.
City Manager Kelly said he would be attending the
November 4, 1988 Charter Board meeting without the
Finance Director and would inform the Board of their
intent for the Budget process. He said he would inform
the Charter Board that he would be happy to answer any of
their questions in writing providing the questions were
submitted to the City Attorney.
City Attorney Doody suggested that the City Manager
submit a copy of the Budget Line Items to the Charter
Board and City Manager Kelly said this has been done.
City Attorney Doody said the Charter Board could not
second guess Budgetary procedures because it was not
their duty and C/M Hoffman said there was a provision in
the Charter stating that the Charter Board would assist
in the Budget process.
Mayor Abramowitz said there were several City Council
Workshops on the Budget and only one member of the
Charter Board attended. He said he thought that Charter
Board member was acting as the Liaison for the Charter
Board.
City Attorney Doody said this year's Budget process was
completed; therefore, the Charter Board should not be in
the position to second guess the Budgetary decisions.
The City Council agreed that the City Manager should
attend the November 4, 1988 Charter Board meeting and
resolve the matter.
V/M Stelzer asked if the Charter Board was suing the City
because of the matter regarding the Charter Amendments
and City Attorney Doody said the Charter Board may be
prosecuting the lawsuit with fees withdrawn causing the
City to be legally responsible to pay the fees.
Mayor Abramowitz said he would like to see this matter
fought and City Attorney Doody said this matter would be
based on the Lomelo Case, City Attorney Doody said this
matter could be discussed if and when it occurred. He
said he would like to think that the Charter Board would
reassess their position; however, the City Council may
want to have this matter handled in the Fourth District
Court because it was based on Case Law and politics did
not play a role.
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Page 8 _,
10/31/88
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Mayor Abramowitz said he hoped that calm, common sense
and intelligence prevailed in this matter.
City Attorney Doody asked for the City Council's
direction to draft an Ordinance to Amend the Ordinance
for the City levied property and casualty insurance
premiums which funded the Police and Firefighters Pension
Fund. He said the amount was lowered and the Ordinance
needed to be changed to reflect the amendment.
The City Council approved of this Ordinance being
drafted.
With no further business, Mayor Abramowitz ADJOURNED t is - "
meeting at 12:00 P.M.
N MAN ABRA OWITZ, MAYOR
CAROL A. EVANS, CITY CLERK
"This public document was promulgated at a cost of $82.40 or $2.29 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMARAL
APPROVED AT MEETING OF // 4 3 E-g
City Clerk
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