HomeMy WebLinkAbout1980-10-09 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
NOTICE OF RECONVENED MEETING
CITY COUNCIL
TAMARAC, FLORIDA
Please be advised of a Reconvened Meeting of the City Council
on Thursday, October 9, 1980 at 2:30 PM in the Council Chambers,
5811 N. W. 88th Avenue, Tamarac.
Council may consider such other business as may come before it.
The Public is encouraged to attend.
Carol A. Evans
Assistant City Clerk
10/8/80
/lc
CITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
OCTOBER 9, 1980
(from October 8,1980)
CALL TO ORDER: Mayor Falck called the reconvened meeting to order on
Thursday, October 9, 1980 at 2:30 PM in the Council Chambers.
ROLL CALL:
PRESENT: Mayor Walter W. Falck
Councilwoman Marjorie Kelch
Councilman Irving Disraelly
Councilman Irving Zemel
ALSO PRESENT:
ABSENT AND EXCUSED
City Manager Edward A. Gross
City Planner Evan Cross
Asst City Clerk Carol Evans
City Attorney Arthur Birken
Vice Mayor Helen Massaro
Mayor Falck announced the Meeting was a continuing meeting of the meeting
of October 8th and Council would continue with the Agenda Items as they
appear on the Agenda and which were not completed in the session of the
8th of October.
COMMUNITY DEVELOPMENT:
lei. Cummings Project - Discussion and possible action on:
a Plat - Temp Reso. #1652
b) 3 Development Review Agreements
SYNOPSIS OF ACTION: a) Plat - Temp. Reso 1652 RESOLUTION NO.�PASSED
adopted subject to payment of drainage fee. _
b) 3 Development Review Agreements approved
subject to Exhibit A being attached to each
and appropriate City Officials authorized
to sign it.
Mayor Falck read the Title of the Resolution.
Councilman Disraelly noted there is no sketch plan to show the current
zoning. Also, he said when three different people come together to plat
as one unit it gives them 300' x 300', approximately two acres and the
Council has refrained from accepting plats without site plans and he was
interested in knowing what they are going to put on it unless the infor-
mation is volunteered.
City Planner Evan Cross stated the zoning is B-6 for the three pieces of
property. Councilman Disraelly questioned if it was going to remain B-6.
He explained the property is located directly south of Academy Hills.
Also, he said the east corner was B-6 and an office project was being
considered at that corner.
The City Planner told the Council that Mr. Cummings was at the previous
Planning Commission meeting and had indicated that he was platting property
for the purpose of selling individual lots to people to develop them. He
is platting the property to sell.
Councilwoman Kelch inquired if people had been apprised of the fact there
is an Ordinance being considered that would place certain restrictions
on them within six months if the Ordinance is passed. They would have
only six months to submit a site plan and Councilwoman Kelch inquired
if they would be covered by the Ordinance if it is passed.
City Attorney Birken said Council may want to address that in the Ordinance
itself, that anyone whose application is pending may not be held responsible.
Evan Cross explained when development comes in they are apprised of all
proposed Ordinances. The City Attorney reminded Council that the Ordinance
has been pending since March or April and until very recently no one on
Council had any desire to get it on the Agenda.
Councilwoman Kelch questioned as the Code stands now there is nothing to
preclude a person from coming in for platting, without a site plan.
City Attorney Birken stated there is a provision in the Land Use Plan for
development review requirements and that agreement would allow Council to
-1-
10/9/80
/lc
defer until the Site Plan comes in. The City Attorney pointed out the
development review agreement - b) under Item #18 - would allow Council
to defer making decisions until the Site Plan comes in. Until those
decisions are made it can't be known if there is adequate drainage or
protection of any type. However, Council would have the right to hold
the plat back until it was satisfied that those criteria could be satis-
fied. In effect, Mr. Birken said, that was a tool they could use to stop
it, however they would need to look at what they had done in the past and
how consistent they wanted to be.
Councilwoman Kelch said if the zoning is B-6 they have already put quite
a few restrictions on it. She said she wanted to clarify the point if
they could be held to the six-month submission of the Site Plan if the
other Ordinance was passed.
Mr. Birken said it would be up to Council as to how they wished to treat
that Ordinance, and he noted one member of Council was not present and
that member had contacted him and asked if it would be possible to raise
the question of getting drainage payments at this point in time, the 5%
retention - $130. per acre. Mayor Falck said there is nc reason Council
can not ask for it; Councilwoman Kelch asked if Mr. Birken was suggesting
they hold up approval of the Plat.
Mayor Falck stated he had no objection in following with approval of the
Plat and he agreed with Mr. Birken they should be getting the Ordinance
worked out. In addition, Mayor Falck indicated the City is protected
with the Site Plan and should not have any problem.
Evan Cross, City Planner, stated if Council decided to charge the $130.
an acre fee it would be $268.59.
Councilman Disraelly MOVED that Temporary Resolution 1652 approving a
Plat for Cummings Property, be ADOPTED subject to payment of required
drainage fee of $130. per acre amounting to $268.59 prior to recordation.
Councilman Zemel SECONDED the Motion.
VOTE: ALL VOTED AYE.
b) 3 Development Review. Agreements:
Councilman Disraelly MOVED APPROVAL of the Development Review Agreements
of Jeanne and John W. Cummings, Arthur Logan and Jose and MaryAnn Caquiat
subject to Exhibit A being attached to each one of the developers agreements
and that the appropriate City officials be authorized to sign it.
Councilman Zemel SECONDED the Motion.
VOTE
ALL VOTED AYE.
LEGAL AFFAIRS:
21. Site Plan - Plat Presentation - Temp. Ord. #714 - Discussion and possible
action to prohibit review of site plans not accompanied by plats. First
Reading.
SYNOPSIS OF ACTION: Approved on
first reading as amended.
City Attorney Arthur Birken read the Title of the Ordinance. He asked
to have a change made in line 15 take out the word "within" and add the
word "for" in its place. On line 9 and in the title take out the word
"time" and insert the word "meeting". Also make the same change in
the title. Mr. Birken said Council may want to do something about plats
that are pending at the time the Ordinance is passed.
Councilman Disraelly inquired if any plats are pending at the time of
enactment of the Ordinance. Evan Cross said the Sartori Plat is the only
one.
Councilwoman Kelch said they would want language to the effect that any
individual submitting a site plan prior to enactment of the Ordinance be
advised the restrictions in the Ordinance will apply - Mr. Birken said
it can be added at the end of the Ordinance that it will become effective
upon final passage, but shall not apply to plats submitted prior to
October 9, 1980.
Councilman Disraelly MOVED ADOPTION of Temporary Ordinance 714 on
first reading with Section 5 to read: This Ordinance shall become
effective on final passage, but shall not apply to plats submitted prior
-2-
10/9/80 /1c
I
to October 9, 1980 and in the title the word"time"shall be changed to
"meeting" and on line 9 the word "time" shall be changed to "meeting"
and on line 15 the word "within" shall be changed to "for".
The Motion was SECONDED by Councilwoman Kelch.
VOTE:
ALL VOTED AYE.
Mayor Falck suggested the City Planner do whatever checking is necessary
to bring the item before the Planning Commission.
23. Private Streets - Temporary Ordinance #809 - Discussion and possible
action to amend Code Section 20 by permitting private
streets in all residential zoning districts. First Reading
SYNOPSIS OF ACTION: Tabled to
10/22 80 meeting.
City Attorney Birken read the Title of the Ordinance.
Councilwoman Kelch noted this is another Ordinance suggested by the
missing Councilperson and she saw no impediment to it since the quality
of the Ordinance it is amending is such as to provide all valid pro-
visions for protection and Councilwoman Kelch MOVED it be passed on
first reading.
The City Attorney suggested if the Ordinance is passed on first reading,
the Council members drive through Century Village and think about what
may be coming before taking final action on the Ordinance.
Councilwoman Kelch withdrew the Motion and MOVED to TABLE Item 23
until the next regular meeting of the Council.
Mayor Falck handed the gavel to Councilman Disraelly and SECONDED the
Motion.
Councilman Disraelly returned the gavel to the Mayor.
VOTE: ALL VOTED AYE.
Councilman Disraelly asked the City Attorney if they were in violation
of Ordinance when Council granted private streets to tract 74 and 75.
The City Attorney replied in the negative, since it was by stipulation.
24. Bonding Requirements - Temp. Ord. #811 - Discussion and possible action
to amend Code �Section 24 by requiring public improvement bonds and warranty
bonds be for off -site improvements only in the public right-of-way. First
Reading.
SYNOPSIS OF ACTION: Approved on
first reading.
►+ily"
City Attorney Birken read the Title of the Ordinance. He explained it
was essentially a housekeeping matter and was drafted to correct the
existing regulations that provide bonds are not required for certain
work that is in the easements that are private - or on private property.
Councilman Disraelly MOVED ADOPTION of Temporary Ordinance #811 on
first reading.
Councilwoman Kelch SECONDED the Motion.
ALL VOTED AYE.
Illegal Ticketing Procedure - Temp. Ord. #818 Discussion and
5 possible paction tomp-� amend Section l5 by establishing a ticketing procedure
for non-compliance with Article I of this Section. First Reading.
SYNOPSIS OF ACTION: Approved on
first reading as amended.
The City Attorney read the title of the Ordinance. He suggested to either
underline or use all caps for the headings for 1 - 5: Violation Ticketing
Procedure, Penalty Refusal to Accept and Sign Citation Notice to Appear,
and Failure or Refusal to Pay a Penalty. The City Attorney said just
underlining would be sufficient. On line 11 the word "is" should be
removed and "shall be inserted. Mr. Birken said the Ordinance is
-3-
10/9/80
/lc
intended to clarify enforcement questions, and makes all enforcement
fines the same.
Councilman Disraelly MOVED ADOPTION of Temporary Ordinance #818 with
the changes: Line 11, the word "is" shall be changed to "shall be",
and Upper Case shall be used for:Violation Ticketing Procedure,
Penalty Refusal- to Accept and Sign Citation, Notice to Appear, Procedure,
Failure or Refusal to Pay Penalty.
Councilwoman Kelch SECONDED the Motion.
VOTE: ALL VOTED AYE.
26. Rigght--of-Way_Mainten_ance Responsibility - Temp._ Ord. #818 - Discussion
and possible action to require
P q property owners to maintain the unpaved
right-of-way abutting their property. First Reading.
SYNOPSIS OF ACTION: Approved on
first reading as amended.
City Attorney Arthur Birken read the Title of the Ordinance.
The City Attorney requested that on line 11 the word "twelve" appears,
and it should be changed to "six".
Mr. Birken said the only question he had concerned the western part of
the City. Councilman Zemel replied that unfortunately there is a
diseased area out there with rats., snakes,,and mosquitos breeding because
of the fact it is undeveloped land and never cleared. The rains come and
the water lays, so he said he felt the Council has to concern themselves
and be quite selective when it comes to enforcement.
Councilman Disraelly asked if it would be possible for the City Attorney
to write an Ordinance such as the County is using for placing liens on
property. He noted the City has a lot -cleaning program, but it is a
voluntary one. City Attorney Birken replied the City has provision for
liens to be placed on property. Councilman Disraelly inquired if it
could be incorporated into the lot -clearing Ordinance so there can be
some enforcement. He noted that he had called the City Manager's atten-
tion to the fact the entire length of Commercial Boulevard in the 57th
Street area is highly overgrown, not only on the lots but between the
curb and sidewalk - the entire area east of Public Works to Century Bank
is very high, he said.
City Manager Gross stated University Drive is being done now and Commercial
Boulevard will be taken care of within the next ten days.
Councilman Disraelly said he thought Mr. Gross should check and see how
much money is being spent on the lot -clearing program repairs to vehicles,
and it is starting to run into a great deal of money. Councilman Dis-
raelly said he was not sure the City is charging enough for the lot -
clearing. He said the City of Miami Beach charges $31.00 per man for
lot clearing, plus $95.00 an hour for the use of the machinery. Further,
Councilman Disraelly explained this is a contract price, the City does
not do the work, they use private contractors. Councilman Disraelly asked
that it be taken under advisement.
Councilwoman Kelch said there is a considerable amount of property
that is being taken care of by the City which should not be done by the City;
however if they do it they should be paid for it. Councilwoman Kelch
indicated she felt the Ordinance is necessary.
City Manager Gross said the City's rate is four to five times the cost of
the manpower. Councilman Disraelly requested a report of jobs being done.
He stated he wished to know what the City is charging and what the City is
getting, because expenses are running high.
City Attorney Birken said instead of providing the repealer, it might be
better to change Section 7 to say "This Ordinance is intended to be
cumulative with and read in conjunction with all other City Ordinances"
and to make similar change in the title to assure that no one will say
some other requirement is being done away with by passing the Ordinance
under discussion.
-4-
10/9/80
lc
Councilman Zemel MOVED APPROVAL of Temporary Ordinance #822 on first reading as corrected,
with the following changes _ steaa_6_f Section 7 shall state
"This Ordinance is intended to be cumulative with and to be read in conjunction with all
other City Ordinances."
Councilman Disraelly added to the Motion: Delete providing for severability of invalid
provisions in the title and on-line 11 change_.the_word "twelve" to "six".
Councilwoman Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
� C.
32. City Attorney.
SYNOPSIS OF ACTION: Council indicated City
proceed.with rezonings outside Land Sec. 7.
Mayor Falck noted they have a communication from the City Attorney on
Land Use Plan rezonings, which the City Attorney wished to discuss.
City Attorney Birken explained at the least meeting of the Planning Commi-
sion it was determined that certain rezonings instituted by the City under
the Land Use Plan were done procedurally in error, a notice should have
been sent out a number of days before the hearing and it was not done. At
the last City Council Meeting there was discussion of the City's instituted
rezonings in Land Section 7 and Council decided not to do anything at that
time. Mr. Birken questioned what Council wants concerning the rezonings
outside of Land Section 7, whether they should be continued as City in-
stituted zonings or held off. Mr. Birken said that Evan Cross, City Planner,
had given Council a Report on the subject.
Mr. Birken explained the Land Use Plan requires all property in the City
to be rezoned to conform with the Land Use Plan within one year. He said
some had been done already, City instituted. There are many that need
to be done in Section 7, and approximately nine others in other parts
of the City which were started by the City Staff which have to be started
over again if Council wants staff to do so.
Mayor Falck stated his opinion tha.tthe Staff should continue with the nine
rezonings, they are not relevant to Land Section 7 and should proceed.
In reply to a question from Councilman Disraelly, Mr. Birken explained
the problem on the rezonings arose because the Notices had not been mailed
out on time.
Councilman Disraelly questioned what would happen if one or two areas were
not changed to conform to the Land Use Plan. City Attorney Birken said
the Land Use Plan would have to be amended. Councilman Disraelly questioned
if there was flexibility would there be much problem amending; the Mayor
replied there would not be too much problem, in his opinion.
Evan Cross, City Planner, said in any Flexibility Zone except 61 he saw
no problem, depending on the size of the parcel,because there are some
reserve units available in every Flexibility Zone that can be used. In
Sections 4, 5 and 6, however, there are no reserve units, Mr. Cross said.
Also, none of the reserve units are transferable. South of McNab road
there are only thirteen reserve units, and the number of reserve units
can not be increased, he stated. Councilman Disraelly asked if they
went from residential to industrial can the units be put elsewhere in
Section 62 - Mr. Cross said he did not think so because the Land Use Plan
was approved with the industrial land use in Land Section 7, so it would
have been calculated already.
Councilwoman Kelch said she agreed with the Mayor and would like to proceed
with the rezonings. The City Planner said they would have to be re -
advertised and properly done.
Councilwoman Kelch stated she felt it might be wise to put Section 7 on
the City Clerk's Agenda Workshop. Mr. Birken said it is already on the
Council pre -Agenda Workshop.
36. Spring Lake Water & Sewer Developers Agreement.
SYNOPSIS OF ACTION: Tabled to
0 meeting.
-5-
City Attorney Birken explained when Council approved the
Agreement for Spring Lakes II there was something in the
he did not believe belonged in the Motion and he wished
tion. It was part of the Motion made by the Vice Mayor
be inserted concerning density. Mr. Birken said density
belong in a water and sewer agreement as it has nothing
water and sewer. Mr. Birken asked that it be clarified
if that is Council's feeling also.
Developers
Motion which
a clarifica-
that language
does not
to do with
and removed,
The City Attorney read from the Minutes of 7/28/80, page 27 (D).
"Vice Mayor Massaro MOVED approval of the Water and Sewer Developers
Agreement, subject to the language added and approved under Item #11"
which was the density - and the addition of an addendum to the
Item, which had to do with the money. Mr. Birken said he did not
think there should be anything in the water and sewer agreement about
density - it could be subject to, but not included in the agreement
itself.
Lon Rubin, President of HLR said he thought the inclusion by the Vice
Mayor of that language in that agreement was not by happenstance, he
said he thought it was a further recognition that the number of units
the developer would be paying utility connection charges for would be
the number of units that would conform to the Plat and the Site Plan
which was the subject of the density swap. Without City approval of
the density swap it would not be necessarily permitted. Mr. Rubin
questioned what the reason for the change is, and said it brought up
an issue he would like to bring to Council attention. He said he
wished to apprise the City of the status of the present swap agreement
because they have been bogged down and delayed in development of the
property at County level.
Mr. Rubin said the City approved the Plat and Site Plan on July 23rd
for the tract and approved the swap agreement, subject to Broward
County approval of the Plat. Broward County has said they cannot
approve the swap because they do not have the power to do so, and they
say it is in contravention of their Land Use Plan because there were
specific number of units ascribed to the tract they were swapping from
which were less than the number of units the property is zoned for.
However, the County said it would abide by and approve the swap on the
condition the City of Tamarac enter into a stipulation permitting that
number of units, Mr. Rubin said, and HLR has submitted to the City
Attorney a stipulation agreement that would be entered into by Council
which would go to Judge Weissing and bring the whole thing under the
Court Order and the County would approve the Plat and HLR could proceed
to build their houses.
Mr. Rubin said the problem, as he understands it, is that the property
was zoned R-3 at the time the original stipulation was done. At that
time R-3 in the County was 15 units an acre; however during the time
the City was going with the Master Land Use Plan it ascribed a lesser
number of units to the tract, and all other tracts zoned R-3, at 11.8
units rather than 15 units. Mr. Rubin said the City in its approval
of the Site Plan and Plat and transfer of density has acknowledged it
has the 264 units instead of the 208 units. Mr. Rubin said they are
not transferring all of the units, they will go to the City for whatever
use it might have in a future flexibility plan. Mr. Rubin said the
City action on the matter would not be in violation of the Land Use Plan.
City Attorney Birken said the County never said they would agree to a
stipulation, they said if a stipulation was sent to the Judge and they
were sent a copy, they would determine what their position would be
after they read the stipulation. Mr. Rubin said they were told the
County would abide by the stipulation; Mr. Birken said the County agreed
to abide by the Order.
Councilwoman Kelch stated in her opinion Council is obligated to make
a stipulation. City Attorney Birken said it is not that simple, there
are legal problems. Councilwoman Kelch said she felt the Council is
morally obligated to do whatever they possibly can under the circumstances
to give HLR the ability to use the property as intended by Council.
Councilman Zemel asked if this 'is
plans; Mr. Rubin said it is.
M
an absolute must for HLR development
10/9/80
/lc
M
VOTF.
Mr. Rubin explained if the City does not go along with the stipulation
he will have to ask that the Site Plan and Plat be rescinded and he
will have to start all over again.
Councilman Zemel said he felt they have an obligation to Mr. Rubin.
Mr. Rubin said the best way he can be helped is to agendize the stipu-
lation, by unanimous consent; and pass it and then go to the County level.
The City Attorney said there is a big problem. He explained there is a
situation where an application was made to rezone a piece of property
to R-3. The application did not say anything about any density higher
than the 11.77 permitted; Council considered the application and passed
an Ordinance rezoning the property to R-3; the R-3 regulations were at
11.77. The City then modified the zoning map and the question is whether
the City is going to give credit on the land use plan for something
higher than 11.77; or 15 units an acre.
City Attorney Birken suggested to Council they have time to cogitate
and discuss the matter before the next Council Meeting so they will be
fully advised of all facts.
Mr. Rubin said the City will not be violating the Land Use P1an.by doing
this, since the Land Use Plan is a flexibility guide within an overall
zone of which it has limited authority to start with because so much of
it is governed by the Court Order. He said the real question is the
number of units an acre given to that property.
Councilman Disraelly requested that the City Attorney resolve the problem
before the next Council Meeting so they can conclude the matter in a
satisfactory manner.
Mayor Falck said a determination will be made after they hear from
the City Attorney as to when the matter will be resolved.
Mr. Birken stated again he does not think the language about the density
belongs in the water and sewer developers agreement. Mayor Falck agreed
with the City Attorney. Mr. Lon Rubin said he was only concerned because
he thought the effort to take it out of the agreement was a step toward
the City backpedaling on densities. However, Mr. Rubin said it was
necessary to make certain the water and sewer agreement covers the
number of units, which is in excess.
Councilwoman Kelch said she objected to taking an action to rescind
a Motion made by an absent Councilperson. Councilman Disraelly suggested
it be done at the next meeting of Council.
Councilwoman Kelch MOVED that the action on Item 35 in regard to
water and sewer development, Spring Lake II be TABLED until the next
regular Council Meeting.
Councilman Disraelly SECONDED the Motion.
ALL VOTED AYE.
37. Medical Arts Building. a) Site Plan b) Landscaping Plan
c Water & Sewer Developers Agreement.
SYNOPSIS OF ACTION: Tabled.
Councilman Disraelly MOVED that Item 37 be TABLED.
Councilwoman Ketch SECONDED the Motion.
VOTE: ALL VOTED AYE.
38. Phoen'ix_CoLnpany Develop.ment Agreement.
SYNOPSIS OF ACTION: Correction to Item 3B on
Page 3 approved.
City Attorney Birken explained the language had been agreed to by the
property owner, and discussed with the City Planner.
-7-
10/9/80
/lc
Councilman DisrAelly MOVED that the language in paragraph 3B be
corrected to read "its entrance shall not be located within 200'."
and that paragraph B shall read: "If a fast food restaurant is
- ens t txe t e d—o the -drop e rt-T -i-ts errtran c e sh-al l--n-o���-1-oc at e d
within 200' of the McNab Road entrance to the property as measured
from the south right-of-way line of McNab Road" and that this
addendum to the Devlopment Agreement of the Phoenix Corporation
be ADOPTED.
Councilwoman Kelch SECONDED the Motion.
VOTE: ALL VOTED AYE.
City Attorney Birken told Council the City has received a quitclaim deed
from Leadership Housing on the Tracts they are supposed to deed to the
City, in conjunction with the Rock Pit. The City Engineer is checking
the legals on the new parcels and the City Attorney is working with
the Tax Collector's office and when all of the information is received
the Item will be placed on the Agenda.
REPORTS
30. Councilwoman Kelch said she will have a report soon on the surfacing in Mainlands
through She and Ralph Thissen will be making an examination and
try to determine if the contractor is at fault. Councilwoman Kelch
noted that obviously something is wrong, and she will subsequently
try to make a determination and get back to Council with a memo.
VOTE
Councilman Zemel stated a number of people had spoken to him about the
act the President's Council no longer receives copies of the Agenda.
He explained not everybody reads the Broward Times when the Agenda is
published and he strongly feels that the Presidents of the Communities
should receive copies of the Agendas so they can be posted in the Club-
houses as they had been for many years.
Councilman Zemel said he spoke with the City Manager regarding the
unsightly condition of the City street signs and missing street signs
and he had been assured by the City Manager it was being worked on, but
no signs had been straightened out in the City. Mr. Gross said he had
been informed the signs had been finished. He said if Councilman Zemel
would give him the areas where they were not completed, he would check
into it.
Councilman Zemel stated he had spoken to representatives of the Broward
Transportation Department some time ago about additional bus shelters
and was advised that 22 new bus shelters would be budgeted for the new
fiscal year and it was suggested the Mayor and Councilpeople get together
with the representatives of the transportation system to make a determina-
tion where shelters should go in. The Mayor had suggested a workshop and
they will looking at the matter soon. Mr. Gross said he understands
there is one bus shelter that will be allocated to the City of Tamarac
during the present fiscal year. Councilman Zemel said they will have
to get them to move some. Mr. Gross said there are only 22 for the
whole County.
Councilman Zemel said he would like to discuss Health Insurance. He said
he saw an inequity in health coverage wherein people over 65 are under
a different plan than everybody else. Councilman Zemel said he would
like to agendize by consent an item to discuss payment of medical supplement
charges for Health Insurance.
Councilman Zemel then MOVED to AGENDIZE BY CONSENT an Item for discussion
and possible action on payment of Medicare Supplement charges under
Health Insurance.
Councilwoman Kelch SECONDED the Motion.
ALL VOTED AYE
M
1019/ 80
/lc
W
39. Medicare Supplement Charges Under Health Insurance - Discussion and
Possible Action.
SYNOPSIS OF ACTION: Discussion only -
no action taken. City Manager to
handle administratively.
Councilman Zemel MOVED that the City under its health coverage plan
by either direct payment to the Carrier under the Medicare Plan or
to the individuals who are involved, be responsible for the payment
of the $9.60 for the individual who is employed or elected to office
in the City of Tamarac and for the dependents, if there are dependents
in that family.
Councilman Disraelly SECONDED the Motion.
City Manager Gross asked if Councilman Zemel meant each employee because
he wanted to be sure Union Contracts would not be involved - Councilman
Zemel said it was not in addition to what the employee was paying and
AMENDED the MOTION to make the payment retroactive to July lst, if
possible under the law..
Councilwoman Kelch suggested they hear from the Mayor with regard to
the matter.
Councilman Zemel said he would like to AMEND the MOTION first by
adding: The payments shall be retroactive to July 1st.
Mr. Gross said he did not know if the payments could be retroactive,
he would have to check with the City Attorney.
Councilman Zemel added to his AMENDMENT to the MOTION: if possible,
under the law retroactive to July 1st.
The SECONDER agreed.
Mayor Falck explained that the City is paying the entire premium
for health insurance for its employees up to age 65. The City is
paying the major portion of the premium for dependents of employees up
to 65 - when employees reach age 65 their health coverage drops and
ties in with Medicare which the employee must pay for himself and
for his dependents. The Mayor said he personally feels it is grossly
unfair because employees over age 65 must in addition pay for certain
charges no longer covered and in addition they have to pay the charge
made by Medicare for the premium they must pay for and the City for
employees under age 65 pays the whole premium. So when age 65 is
reached they no longer have full benefits and the City no longer
pays the full premium because of the tie-in with Medicare.
Councilman Disraelly explained Judy Deutsch told him the amount presently
deducted from his Social Security check would be repaid at the time
the change went into effect. She said he would have to present a
statement of the amount he was paying and the only record they have
is the statement from social security saying the amount is being
deducted. Councilman Disraelly said he suggests it is covered from
July and the payments should be starting.
Councilman Disraelly questioned if Council action was necessary.
Mayor Falck said it should be done administratively, as far as
he is concerned. Mr. Gross said he will check with Judy and the
City Attorney and give a definite answer, and it can be brought up
again at the next meeting.
Councilman Zemel withdrew his MOTION. Councilman Disraelly withdrew
the SECOND.
REPORTS:
Councilman Disraelly said the United States Department of Commerce,
Technical Information Service, provides a lot of input for consumer
program packages of software having to do with many types of things -
utility billing components, purchasing components, police field
assignments, geographic, traffic accident reports, etc. and this software,
if it is compatible is available at a price of $28.00 each.
Councilman Disraelly spoke of a call with reference to the Utility billing
and discussed the possibility of a bill being lost or not arriving on
time for "snowbirds". The water is shut off and it becomes a problem,
.......... . .
L C�
kk
the lawns dry out etc. Councilman Disraelly said there is no provision
in the rate structure or anywhere else and he thought Council should
consider a means of prepayment whereby a credit balance can be established
by anyone who wants to give the City a hundred or two hundred dollars.
Mr. Gross said that is done all the time administratively. Councilman
Disraelly said there should be some indication in the Ordinance it can
be done.
Councilman Disraelly suggested discretion should be shown, and possibly
the deposit be used to permit a man to make prepayments.
Mr. Gross noted this is the first year and the Ordinance is different
from the Rules and Regulations of Tamarac Utilities.
The Mayor suggested there should be an educational program on this type
of situation.
Councilman Disraelly said some provision should be made for these
people.
The Ciry Manager said he would get something written up on this and
give iL to the City Attorney to see what he can come up with.
Mayor Falck said he wished to complimentthe City Manager on the Release
dated October 8 which changed the reporting of the employees of the
Legislative Department from reporting through the City Clerk, to the
City Manager's office. Mayor Falck said he did not think any solution
is a perfect solution, but it seemed to him it was a lot better than
what they had and it will work out better, Council will be happier
the employees will be happier and they will be able to provide better
service.
Mayor Falck also reported he had a call from"Good Morning America'
and there is interest in coming to Tamarac and doing an in-depth
production on the City of Tamarac. Mayor Falck said he learned the
City of Tamarac is one of three municipalities being considered
and they wanted additional information and it was indicated by the
person who called that there is a strong possibility Tamarac will
be selected. Mayor Falck noted he will be on an hour Talk --Show on
the 15th of October to discuss the problems of the aged. On the 27th
he will be on a Talk Show relating to problems of the aging as they
relate to problems of the young people.
MEETING WAS ADJOURNED AT 4:30.
MAYOR
ASST. CITY CLERK
This public document was promulgated at a cost of $ /��� 5,0
or $ 3,,:5-d per copy to inform the general public and public
officers and employees about recent opinions and considerations
by the City Council of the City of Tamarac.
still
APPROVE BY
CITY COUNCIL ON D /9Yd
10/9/80
/lc
I