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HomeMy WebLinkAbout1982-09-24 - City Commission Reconvened Regular Meeting MinutesMAIL. RCPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 881H AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 NOTICE OF RECONVENED COUNCIL MEETING September 23, 1982 There will be a reconvened City Council meeting on Friday, September 24, 1982, at 11:00 a.m. in the Council Chambers at City Hall, 5811 N.W. 88 Avenue, Tamarac, Florida 33321. The items remaining from the Council Agenda of Septem- ber 22, 1982, to be considered are as follows: 17. Utility West Bud et - Temp. Ord. #999 - Discussion an p� ogle action to adopt the Revenue Fund, Sinking Fund Bond Service Account, Sinking Fund Reserve Account, Renewal and Replacement Fund and General Reserve Fund of the City of Tamarac Water and Sewer System west of State Road 7 for Fiscal Year beginning 10/1/82. Second Reading. (Public Hearing held 9/22/82) 18. Utility East Budget - Temp. Ord. #998 - Discussion and possible action to adopt an annual Utility Fund East Budget for Fiscal Year 1982/83. Second Reading. (Public Hearing held 9/22/82) 19. Utility Rates -- Tamarac Utilities East - Temp. Reso. 17457 Discussion and possib e action tomodify the rates and charges applicable to the utility serving customers east of State Road 7. (Public Hearing held 9/22/82) Council may consider such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk CITY OF TAMARAC, FLORIDA RECONVENED CITY COU14CIL MEETING SEPTEMBER 24, 1982 TAPE (from 9/22/82) #1 CALL TO ORDER: Mayor Falck called the meeting to order at 11:00 A.M., on Friday, September 24, 1982, in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz ABSENT & EXCUSED: Vice Mayor Helen Massaro ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon M. Henning Assistant City Clerk, Carol A. Evans Secretary, Norma R. Rayman Mayor Falck read the notice of the Reconvened City Council Meeting, from September 22, 1982. Mayor Falck said he wished to make an observation or two. On Wednesday, following the budget hearing, he heard Mr. Munitz make reference to the fact that the City's proposed 1983 Unappropriated Surplus will be less than the 10o permitted by Charter. This is, as Mr. Munitz observed, the first time that this has occurred in recent history. Mayor Falck added that this statement prompts comments that he would like to make for the record. Mayor Falck stated that Council Members know of the number of efforts made by the people in the City to reduce the unappropriated surplus. He added that certain members of Council have constantly fought these efforts, since they realize that at best the economy was unstable, but mainly because of a very large increase in taxes imposed by the County, the School Board and other agencies, the City is not permitted to do anything that will adversely affect the tax rate as a release to the City's residents. Mayor Falck added that he was concerned when Mr. Jack Stelzer made many comments that would indicate that the Council was taking unfair advantage of the residents through manipulations. fie said that nothing could be further from the truth. He stated that the first time he sat in on the Council back in 1975, comments were made by the City Manager to the effect that a line of credit needed to be established with the bank of Tamarac, in order to insure the City meeting its November and December payrolls, because he felt that the ad valorem tax collected by the County on behalf of the City would not arrive until late in December, fortunately the City did not need to use the line of credit. He added that he felt that the City had come a long way. The City did not have the advantage of a utility tax, which provides an ever increasing revenue without constant- ly going to the public. The City residents do not want a utility tax, and it is his opinion that the City should constantly maintain their operation on a firm financial basis and not take seriously comments made by a few individuals who are the ones not responsible for the sound operation of the city's finances. Mayor Falck stated that if the unappropriated surplus goes over the 10% figure, he is not that much concerned. He added that their experience should tell them that in all probability the City will find themselves in an altogether different position the following year, because of matters over which the city has no control. -lie added _ that he could refer to one item this year, and there are many others, and that is Road and Bridge Tax, which has been practically taken away from the City by the County. Mayor Falck added that he felt that the city has been managed on a fiscally sound basis, and he is not concerned when somebody says that the City is 1/10 of a point above the amount that is allowed by the charter and the city ought to get it down. That figure is down now. -1- 9/24/82 /nrr 17. UTILITY WEST BUDGET - Tem . Ord..#999 - Discussion and possible action to adopt the Revenue Fund, Sinking Fund Bond Service Account, Sinking Fund Reserve Account, Renewal and Replacement Fund and General Reserve Fund of the City of Tamarac Water and Sewer System west of State Road 7 for Fiscal Year beginning 10/1/82. Second Reading. SYNOPSIS OF ACTION: APPROVED on Second and Final Reading. ORDINANCE PASSED. C/M Disraelly MOVED the ADOPTION of Temp. Ordinance #999, adopting the various funds that have been outlined under that provision. C/M Krantz SECONDED. 2 VOTE: ALL VOTED AYE 18. UTILITY EAST BUDGET - Temp. Ord. #998 - Discussion and possible action to adopt an annual Utility Fund East Budget for Fiscal Year 1982/83. Second Reading. SYNOPSIS OF_ACTION: APPROVED on Second and Final Reading. ORDINANCE NO. -- PASSED. C/M Disraelly MOVED the ADOPTION of Temp. Ordinance #998, adopting an annual Utility Fund East Budget effective October 1, 1982. C/M Krantz SECONDED. Mr. Campbell stated that he had spoken on this on Wednesday and did not understand certain things.. He said that after he had heard Mr. Munitz speak, he understood a little better that the City cannot run a utility at a deficit. He said that with respect to the Administrative and Reimbursement of Services to the General Fund in 1980 was $18,900, this new one that has been proposed for 1982/83 is $39,896, 110% increase in four years, since the meters have been installed. He said he then went to the next major item, Operations, in 1979/80 were $154,630 and the new proposed operation budget is $272,026, this is an increase of 76%. He added that they did not have it transferred to the Reserve Fund then, but now there is $25,000 transferred to the Reserve Fund and this year they are proposing to do the same thing again. What he is protesting is the tremendous increase in the expenses. Mr. Campbell reiterated that the figures had gone up 800% in the last eight years. He said he thought this was a reflection on the part of City Council and that the residents were not getting any more for their money. Mayor Falck stated that the sewer plant and everything else costs much more to maintain. He added whatever was done for the plant was very -expen- sive because it was almost obsolete and ready to collapse. He said that was the reason the City has been interested in getting into the new system. Mayor Falck said that in itself is added measurably to it, but if he wished to have a breakdown of the individual cost, he was sure that the City Manager can provide the figures. Laura Stuurmans pointed out that everything had gone up especially the cost to provide the services. Maybe there had not been an increase in the services but to perform those services and provide them, the cost has increased to the City. She pointed out that electricity has gone up, the cost of fuel has gone up, the administration charges for computer systems have gone up, the postage to put out those bills, stationery just to buy the computer sheets have gone up. She added that these were just part of the cost. She stated that as far as operations were concerned, the Fort Lauderdale Large Users Agreement has gone up tremendously. Laura Stuurmans added that there were sheets given out from the very beginning that could be reviewed to see not where the City was project- ing an increase, but where the City has actually realized an increase to provide the services to the residents. -2- 9/24/82 /nrr C/M Disraelly pointed out that the Administration figure has gone up about $7,500. C/M Disraelly said that even though the amount of personnel had not increased, the amount of salaries with FICA went up $400, Pension increased',1,000, health insurance about the same, the salaries increase$5,000, because of union contracts, etc., and almost the full $7,500 is salaries. Mr. Campbell felt that the expenses were getting out of hand in order that the City has to raise the rates to meet these expenses. C/M Disraelly suggested that next year Mr. Campbell come to the meetings when they are in the workshop stages, where he can be of some help to Council with his questions, as they go through each and every item with a fine tooth comb. C/M Disraelly took Mr. Campbell 's telephone number and promised to get in touch with him next year and invite him to the budget workshops. VOTE: ALL VOTED AYE 19. UTILITY RATES - TAMARAC UTILITIES EAST - Temp. Reso. #2457 - Discussion and possible action to modify the rates and charges applicable to the utility serving customers east of State Road 7. SYNOPSIS OF ACTION: APPROVED RESO. NO. R-82-PASSED. C/M Disraelly pointed out that the Public Hearing was held on September 22, 1982 for Resolution #2457, establishing new rates which the City needs in order to meet the budget of utilities east, and he MOVED the ADOPTION.of Temp. Reso. #2457. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 43. PAY INCREASE FOR CONFIDENTIAL AND EXEMPT EMPLOYEES - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (SEE PAGE 3 below) C/M Disraelly MOVED to agendize by consent pay increase for confidential and exempt employees. C/M Krantz SECONDED. ► aNdom ALL VOTED AYE 44. HALLOWEEN COSTUME PARADE -ON 10/30/82 UNDER PARKS AND RECREATION DEPARTMENT - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (SEE PAGE 4 ) C/M Disraelly MOVED to agendize by consent Halloween Costume Parade on 10/30/82 under the parks and recreation department. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 43. PAY INCREASE FOR CONFIDENTIAL AND EXEMPT EMPLOYEES - Discussion and possible action. SYNOPSIS OF ACTION: APPROVED 9 1/2% increase effective 10/1/82. C/M Disraelly pointed out that all Council Members were in receipt of a memorandum from the City Manager, suggesting that Council not over- look those employees that are confidential employees of the City or people who are exempt from either the Fire Department contract, the Police Department Union Contract, the White Collar Contract, and the Blue Collar Contract. -3- 9/24/82 /nrr C/M Disraelly said that the people named in those four contracts, all have provisions for wage increases based on the status of the contract. He added that for anyone who wanted more information, the fire depart- ment effective October 1, 1982, will receive 8%, the white collar con- tract 9 1/2%, the blue collar contract 9 1/2%. C/M Disraelly continued that there were confidential employees and exempt employees, department heads „ etc. who are not covered. He said that he felt that these people were entitled to as much consideration as those who are covered by con- tract, and he therefore, would MOVE to APPROVE the recommendation of the City Manager to grant a wage Adjustment of 9.5%, effective October 1, 1982 to all confidential and exempt employees of the City, exclusive of the City Manager and the City Attorney who have individual contracts. C/M Krantz SECONDED. C/M Disraelly added that funding is available within the budget that has been approved for 1982/83. C/M Krantz said he wished to point out for the record that the 9.5% increase is exactly in line, not higher or lower than what was establish- ed with the unionized white and blue collar workers. C/M Kravitz added that he thought that the recommendation of the City Manager is well taken, but he wished to know if this was across the board for all confidential and exempt employees, or just certain employees ? The City Manager informed him that it was across the board for all employees that are not subject to Union Contract. VOTE: ALL VOTED AYE 44. HALLOWEE14 COSTUME PARADE - ON 10/30/82 UNDER PARKS AND RECREATION DEPARTMENT - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See page 3) APPROVED subject to conditions. C/M Disraelly said that Council had received a Memo from Sharon Ellis within the last week, regarding a Halloween Costume Parade for the Tamarac Youth, to be held on Saturday, October 30, 1982, beginning at 6:30 P.M. which would include a parade and floats and so forth. C/M Disraelly said that this was now firm and formalized, and they would like the parade to begin at the Sunflower/Heathgate Clubhouse, terminating at Tamarac Park, going down 70th Avenue and across 74th Street. He MOVED that council authorize the Parade by the Parks and Recreation Department to be held with the parade starting at the front of the Sunflower/Heathgate Clubhouse, but he asked that it be terminated at the Lutheran Church, so that they do not have to cross University Drive. C/M Disraelly added that crossing University Drive would be a hazard, therefore, by terminating at the Lutheran Church, they can then proceed up the sidewalk, use the ramp, come down at the school and go down the other sidewalk and prevent any accidents. The City would then need only one traffic officer to control at that point. C/M Disraelly added to the MOTION, that the fee for this parade be waived by Council. C/M Krantz SECONDED. VOTE: ALL VOTED AYE Mr. Sol Robinson, appearing on behalf of the American Jewelry Exchange, which will be opening its doors next week, stated that this means an additional 35 to 40 new businesses for the City of Tamarac. Mr. Buck Sheinman; President of the Corporation, was present and asked Mayor Falck to cut the ribbon on Sunday, October 13, 1982 at 2:00 P.M. Mr.. Sheinman also invited all members of the Council and City Employees to attend the Champagne Party that will follow the ribbon cutting. -4- 9/24/82 /nrr 45. REPORT AND RECOMMENDATIONS OF THE CITY MANAGER DATED 9/23/82 RELATING TO PENDING ACCOUNTS - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent ACCEPTED accounts to be retained as liability accounts into 1982/83 Budget year. Laura Stuurmans stated that a,memo regarding pending accounts that are on the City's books, and the Finance Director and she have met on these and have prepared recommendations on these accounts. She added that they would like to at least submit them in the form of a report with recommendations for the record at this time, so that this is on the official records of the city prior to the closing of the fiscal year. She added that she did not know if Council had had an opportunity to review the memo, it is rather extensive and covers each of the funds in existence at this time, and in certain instances provides a recommendation that they be continued or that some legal research needs to be made to determine what the status of the fund should be. Laura Stuurmans said a number of things, for instance, the sidewalk fund, the City Hall fund, the street resurfacing, all deal with items where specifics are being requested at a future time from Council members. She added that the City Hall Renovation Fund is a fund that was set aside two years ago,and has been used for the painting of City Hall, for roofing repair, which is why the funds were originally budget- ed and then ultimately set aside. She added that C/M Disraelly had pointed out that one of the considerations might be for utilization of that fund be air-conditioning system, which has been problematic for some time. C/M Disraelly said he had been asking for that for months and hoping that this money would be used, number one to get rid of a situation where they had just gotten through repairing the roof and the air -- conditioner is causing the water seepage in the hallway. Furthermore, some days they are at Council meeting in the chambers and the vice -mayor has to ask for two sweaters, aid three days later the mayor and he take their jackets off because of the heat. He asked if all these funds can be earmarked for use in the next year? He said, an example,is the Festival Account, there is $1,000.00 which was discussed many months ago as being used for public address system. He added that the City had a new mobile unit and he would like to see a public address system installed into that, where the speakers can be put in the back of it, the microphone, podium, whatever else would be needed, so that it is part of the unit. C/M Disraelly added that it was a very stable unit and nothing would happen to those things if it was installed properly, and it could be done. Mrs:i,--:Stuurmans said that these accounts exist .:now-and_just an ackhowleg- ment and approval to continue to keep them ors the book would suffice. Steve Wood stated that the account of Holiday Festival was monies that were collected and not spent. He added that the money was collected for a specific purpose and it ended up the Holiday Festival made a profit, therefore there are additional funds left over. Steve Wood said what he would like was a simple motion of City Council to say that these monies are going to be carried forward and they should not be consider- ed as miscellaneous revenues of the general fund for this year. C/M Disraelly questioned if they could take the 11 funds listed and make one motion that they all be retained until Council decides what to do with them, none of these go into the general fund at the end of 1981/82 fiscal year. Steve Wood stated what he needed for his purposes is just the acknowledg- ment of Council that these monies do exist and that at a later date, Council will address these items to determine a disposition. C/M Disraelly MOVED to Agendize by Consent, the report and recommend- ations of the City Manager, dated September 23, 1982 and relating to pending accounts. C/M Krantz SECONDED. VOTE: ALL VOTED AYE C/M Disraelly MOVED that the report on pending accounts that was under discussion be ACCEPTED and that the account called Welcoming Committee, and the account called Holiday Festival, be retained as liability accounts into the 1982/83 budget year. Mayor Falck added that they might want to include there, that they instruct the City Manager working with the City Attorney to get* the legal clarifications and definitions as was suggested on the Impact Assessment Escrow and the Lease Escrow Fund. Mayor Falck added that they were all aware of what these things are, but he thought they needed some legal interpretation as to what ultimate dispositions should be made of this. C/M Krantz SECONDED. C/M Kravitz pointed out that in his discussion with Bert Emmer of the accounting firm, in their year end report dated September 30, 1982, they will include the funds as separate sheets and separate items, so that Council will be aware of what is in each fund. -- VOTE: ALL VOTED AYE 46. ROAD AND BRIDGE TAX - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent Authorize City Attorney along with City Manager to provide and take action to become a party to the suit by Coral Springs vs. County re road and bridge tax with a $3,000 cap. Jon Henning pointed out to Council that the essence of the discussion is that there will be an injunction filed against the County this afternoon, and Tamarac has to decide if they want to be a part of that or not. C/M Disraelly MOVED to agendize by consent for discussion and possible action regarding the report from the City Attorney on the Road and Bridge Tax. C/M Krantz SECONDED. VOTE: ALL VOTED AYE Jon Henning gave copies of a report to Council. He stated very briefly that there is a road and bridge tax provided by statute and that the question right now is whether or not the County is using other revenues, ad valorem taxation or road or bridge tax for their improvements on roads. He continued, that the statute provides that if there is a road and bridge tax, that the city is entitled to a 50% reimbursement for those taxes levied in the city of Tamarac. He added that if ad valorem taxation is used for road and bridge improvements, then the city will be entitled to a 50% matching funds from the County for every dollar that is spent on road and bridge improvements, Mr. Henning added that if they all understood the premise involved, the theory is that ad valorem taxation is being used to improve the roads and the City is not getting their 50% fund or reimbursement, or sharing or matching fund. He added that he had been in touch with the City Attorney for Coral Springs who said that -this afternoon he has . prepared an injunction to file in the circuit court against Broward County in order to establish his cities' rights, regard ing their 50% contribution of this tax. Mr. Henning added that Mr. Mc Donough's theory is that they need to make their position known early in the budget year or at the time that the budgets are being established, and Broward County had approved their budget last night at its second reading, and he had suggested that he send a representative to that hearing but that was not heeded. W6- 9/24/82 /nrr Mr. Henning continued that as of this morning, the following cities have joined. Coral Springs in their suit against the county: Coral Springs, Dania, Davie, Deerfield Beach, Hacienda Village, Hallandale, Hillsboro Beach, Lauderdale by the Sea, Lauderhill, Lighthouse Point, North Lauder- dale, Pembroke Pines, Plantation, Pampano Beach, Sunrise, Wilton Manors, and possibly Margate, and they are not sure of Hollywood or Fort Lauder- dale. He added that there is a possibility that there will be a reim- bursement without a law suit once the new commission in Broward County is seated in November. Mr. Henning said he felt that there would be a difference in the opposition to this. I C/M Disraelly questioned whether the County can revise the budget to amend to increase the Road and Bridge Tax? Mr. Henning said he did not know if they can revise it, but he did think that they could reset their priorities in the budget. Mr. Henning added that the expenses will be pro -rated throughout the communities, and our cost if the City does decide to get involved would probably be $2,000, at the most $3,000, and the City stands to gain about $130,000. Mr. Henning stated that the question was not whether or not to do this, it is really when to do it. He said he thought it was inevitable that it will happen; it is just a question of whether the City does it today or in a couple of months. C/M Disraelly MOVED that the City Attorney be authorized together with the City Mananger, to proceed and take whatever action has to be taken to become a party to the suit being prepared by Coral Springs vs the County regarding the Road and Bridge Tax, and that funding up to $3,000 maximum at this point, be approved from the City Attorney Professional Fees fund. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 47. CITY OF TAMARAC vs. MIDLAND ADVISORY GROUP AND THE GREENS CONDO - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent No Action Necessary by Council. C/M Disraelly MOVED to agendize by consent discussion and possible action on Midland Advisory Group and Greens Condo. C/M Krantz SECONDED. 1IPISOMM Jon Henning pointed out Utilities Charges that utility by Tamarac. He $4 Million set aside to that had accounts over ALL VOTED AYE that this was with regard to reimbursement on came about as a result of the purchase of the said that they were all aware that there was be disbursed amongst the users of the utility the previous several years. Jon Henning added that there was a $26,000 figure covering 12 water meters that were at the Greens Condo Complex, that is the entire complex with all their buildings and their recreation area. He stated that the $26,000 was reimbursed, and at the time since the developer, Midland had paid the bills on this over much of that period, there was a check cut, or checks cut to both of them, joint checks totalling that amount. Mr. Henning said that it has been determined that approximately $18,000 of that should go to Midland. Mr. Henning said that the City Attorney at that time, Art Birken, forecast this in February, 1981, when the checks were inadvertently exchanged for single party checks at the request of The Greens. He added that Greens had come to the City and explained that there was some mistake, and their name was not Greens Advisory, but Greens Condo Inc., and checks were voided and exchanged and they received the entire $26,000. --7- 9/24/82 /nrr Mr.. Henning continued that now Midland is suing the City of Tamarac, and Greens for the refund. Mr. Henning said he had been struggling with this for a couple of weeks, and he really did not see any other posture, but to go against Greens, or at some future time, discuss a possible settlement in this matter. Mr. Henning added that as he saw it, it will be an action against the co-defendant in trying to recover the $18,000 that he did not see that the City owes Midland, he thought it should come from Greens. C/M Disraelly questioned who paid the bills originally? Mr. Henning explained further that it was originally the name of Midland Advisory and then when the association took over, it was the name of Greens. Mayor Falck said he felt that there was no need for a Motion. He said that the City Attorney could take whatever action he feels is necessary in order to protect the interest of the City. He added that if there comes a time when a settlement is involved, then he would come before the City Council. 33. CITY COUNCIL REPORT MAYOR FALCK informed Council that he would be away from Friday, October 8th, to late Tuesday, October 12th, and would return in time for the regular meeting on Wednesday, October 13th. Mayor Falck said that this morning the City -County Liaison Group had a very extensive discussion about the matter of the County not pro- tecting municipalities as far as their boundaries were concerned. He pointed out that the 24 foot building in the back of his home as well as others was instrumental. He added that they had concluded that the cities will try to work out something and the County will also; however, he was disappointed because he really did not believe that the County is very interested in doing anything to protect the municipalities. He mentioned that he was very concerned about the homes between 27th Avenue and 28th Avenue that have been hurt as a result of all the granting of permits for industrial property there. He added that they had to try and protect the homes all the way east to 23rd Avenue, otherwise the same thing will happen there. Mayor Falck said that there had been discussion on the increased sales tax, the 1� additional sales tax. The County feels that since this has been given to them by the legislature, with a bill signed by the Governor, they need to get it and spend the money. He said that they have no conception of how these things are going to be operated, or as to what is involved in the way of financing. Mayor Falck reminded the Council that the bond issue a few years ago eroded 50%, because there were no plans available; there was nothing done to go out for bid and when they did get the plans completed and went out for bid, the value of the project had doubled in cost and the amount of money that was available was reduced by 50%. Mayor Falck added that he had taken a very firm stand, indicating that he was opposed as this was not on his priority list. Mayor Falck said he had seen a letter in Neighbors by Phil Schissel, who is very much involved in Mental Health. Mr. Schissel had said that the elected officials of the Northwest Broward area came down to meetings when they were going to lose the funding, and Mayor Falck said that was the only meeting he had received a notice for, adding that the Mental Health Board did absolutely nothing to encourage anybody to go back. C/M Krantz questioned if the 6� sales tax would be on a referendum in November? Mayor Falck said it definitely would. -8- 9/24/82 /nrr C/M Disraelly pointed out that the County did not even know where they were going to put the building, they just know it is going to be a 30 million dollar building, but what are they going to do with it.? He said at least with the roads they knew where they were going to be. Mayor Falck said that they could expect a big push on the City. Meeting was adjourned at 12:00 P.M. .0 (�- -;: 3 � �� � .(�;' ASSISTANT CITY CLERK PY'.. In. A + � This public document was promulgated at a cost of $ .50."2. 1 or $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. -9- 9/24/82 /nrr APPROVED BY CIS( COUfVCl1, ON_Zp I,,!;, .�