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HomeMy WebLinkAbout1982-03-05 - City Commission Reconvened Regular Meeting Minutesr 5811 NORTHWEST 88TH AVENUE 9 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 March 1, 1982 RECONVENED REGULAR MEETING CITY COUNCIL Please be advised that there will be a reconvened regular meeting of the City Council on Friday, March 5, 1982, at 11:00 a.m., in the Council Chambers at City Hall, 5811 N.W. 88 Avenue, Tamarac, Florida. The items remaining from the Council Agenda of February 24, 1982, to be discussed are: 8. Bid Award - Personnel/Insurance Department - Temp. Reso. #2180 - Discussion and possible action to award a bid for Public Officials Liability Insurance. 17. Applications for Reserve Units - Temp. -Ord. #956 - Discussion and possible action to amend Ordinance 81-18 regarding proce- dures for reviewing applications for reserve units. First Reading. 26. Tamarac Town Square - Discussion and possible action on the construction of sidewalks for this project. The Council may consider such other business as may come before it. The Public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: 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 will need a record the proceedings and for such Purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC RECONVENED CITY COUNCIL MEETING MARCH 5, 1982 (from 2/24/82) CALL TO ORDER: Mayor Falck called the meeting to order at 11:00 a.m. Friday, March 5, 1982, in the Council Chambers. Tape ROLL CALL: PRESENT: Mayor Walter W. Falck 1 Vice Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Philip B. Kravitz ABSENT AND EXCUSED: Councilman Irving Zemel ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Secretary, Lucy Curtis Mayor Falck reviewed the items on this day's agenda. 37. Ear vs. -Tamarac - Settlement of Case -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by consent (See page 3). C/W Massaro MOVED to Agendize by Consent Edgar vs. Tamarac, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 38. School Children's Car Wash at Sunnv Sunoco - SYNOPSIS OF ACTION: Agendized by consent. (See page 3). C/M Kravitz MOVED to Agendize by Consent permission to school children's car wash at Sunny Sunoco for raising money for contribution to the Temple in Tamarac, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 39. 02posing Further Busing of Tamarac Students -- Temp. Reso. #2211 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by consent. (See pages 4 & 5). Mayor Falck said there is an item relating to school boundaries. The school boundary hearings are set for March 9 and he is proposing to send a Resolution for that particular meeting. He will attend to provide testimony on behalf of the residents of the City. V/M Disraelly MOVED the ADOPTION by Consent of a Resolution concerning school boundaries, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 1 - 3/5/82 /pm C-7 8. Bid Award - Personnel/Insurance Department - Temp. Reso. #2180 - Discussion and possible action to award a bid for Public Officials Liability Insurance. SYNOPSIS OF ACTION: Bids rejected - Policy of Cooke Insurance Carrier -Comstock Insurance Co. for $4,965 for one year, effective 3/9/82 be accepted. Attorney Birken read the Resolution by title and said that none of the bids were in total conformity with the regulations and he recommended that all of the bids be rejected for this reason. The specific basis is set forth in a memo dated 3/4/82 from Judy Deutsch to Laura Stuurmans. Essentially, two of the bidders did not attach specimen bids and the bidder that did, the bid did not conform with specifications as conditions were not provided for certain coverages required in the bid specs. Policies for these three companies were all finally submitted and reviewed and it would appear that after Council rejects the bids, since the current policy is due to expire this week, there is a genuine emergency situation. Attorney Birken said the most comprehensive of these policies appears to be that of Cooke Insurance Inc., carrier Comstock Insurance Co., and it would be staff recommendation that an award to that company for a one Year period be issued. V/M Disraelly said the report of Judy Deutsch indicates the same thing. As the City Attorney has pointed out, the Vice Mayor said, there must be coverage. The Vice Mayor MOVED to reject all bids for public officials liability insurance Bid No. 82--3 which is Tem2. Reso. 02180, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE V/M Disraelly MOVED that because of the emergency situation, in order to provide coverage, which will expire on 3/9/82 with the City's current carrier, that Council accept the bid of Cooke Insurance Co. for the carrier of Comstock Insurance Co. in the amount of $4,965 for one year effective 3/9/82, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 17. Applications for Reserve Units - Tem Ord. #956 - Discussion and possible action to amendOrdinance81-18 regarding procedures for reviewing applications for reserve units. First reading. SYNOPSIS OF ACTION: APPROVED on first reading as revised on 3/4/82. Attorney Birken read the Ordinance by title and said this Ordinance has been modified to hopefully address some concerns that members of Council have raised last week. V/M Disraelly said the basic differences between the revised 3/4/82 copy and the prior is the addition of language. The City Attorney said on the first line the words "consideration for reserve units" and in parenthesis starting with the word "land". They took out the words that apply to the uniform manner at the end of this - 2 - 3/5/82 /pm section and added "following this consideration is in addition to other fees and charges applicable to the development of property enumerated in Chapters 20, 24 and elsewhere in the City Code". This is to avoid any question as to duplication; this is a separate fee or contribution. C/W Massaro MOVED that Temp. Ord. #956 be ADOPTED as revised dated 3/4/82 on first reading, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 26. Tamarac Town Square - Discussion and possible action on the con- struction of sidewalks for this project. SYNOPSIS OF ACTION: TABLED to meeting of 3/24/82 C/W Massaro said they are waiting for the engineer to furnish the data that has been requested to show the property line on Southgate Blvd. and what is within the easement area. At that time, a determination can be taken. C/W Massaro said she checked with the City Engineer's Department this morning and the engineers who were to provide this have not had time enough because it was just requested a few days ago. C/W Massaro MOVED that this item be TABLED to the meeting of March 24, 1982, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 38. School Children's Car Wash at Sunny Sunoco - Agendized by Consent SYNOPSIS OF ACTION: Agendized by consent, (See Page 1) No action by Council, no objection by Council. C/M Kravitz said he has a memorandum which was called in by Sheila Kaplan connected with a Sunoco station. The children would like to have car washes with the money going to the Temple. C/M Kravitz referred this to the City Manager and she suggested this be Agendized for Council approval. C/W Massaro said she has no objection and she wondered whether the City were accepting liability or responsibility. Mayor Falck said all they are asking for is permission for this, and if there were injury of any kind on the premises of Sunny Sunoco that would be his responsibility and not the City's. Attorney Birken concurred that this was so, and no action is necessary. The City Attorney said if someone were hurt there is no guarantee that the City would not get sued. No action is necessary and there were no objections. 37. Ed ar vs. Tamarac - Settlement of Case - Agendized by Consent - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See page 1). City to contribute $2,500, with insurance carrier contributing $10,000 to release City from all liability for Mr. Edgar. Proper city officials authorized to carry out the settlement. Attorney Birken said he received a phone call yesterday from the attorney who is representing the City and the case can be settled quickly. The City's insurance carrier has offered to pay $10,000 towards settlement if the City would contribute $2,500. The potential exposure is probably in excess of $30,000; therefore, economically this is the right thing. - 3 ` 3/5/82 /pm Attorney Birken said what Mr. Edgar did was despicable but the State Attorney's office decided to grant him immunity from anything that he had to say or that he did and this is the problem. However, as a matter of economics, and only as a matter of economics he would recommend settlement. V/M Disraelly said the City has settled cases like this before and he MOVED that the City contribute $2,500 together with the insurance carrier payment of $10,000 to release the City from all liability with regard to any situation with reference to Mr. Edgar and that the proper city officials be authorized to carry out the settlement. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 39. Opposing Further Busin of Tamarac Students - Temp. Reso. #2211 - Discussion and possible action. SYNOPSIS OF ACTION: Agendiz_ed by consent.(See Page 1) APPROVED Temp. Reso. #2211 and authorizing Mayor Falck to speak on behalf of Council at 3/9/82 meeting. RESOLUTION NO. R- ga -6(p PASSED Mayor Falck said he attended the North Area Advisory meeting this morning and the boundary meeting is set for Tuesday, March 9, 1982 in the evening. He agreed that he would appear on behalf of the residents. There have been write-ups relating to the proposal to expand the facilities at Taravella through the use of portables that could accommodate the children in the City of Tamarac. This proposal also has been designed to provide some facilities for some children. At Coral Springs and at Piper the Northwest Broward Council of Municipal Governments has indicated that they are in sympathy with this kind of proposal. Mayor Falck said the only reservation he has relates to a proposal to close Pompano High School. He said he is in no position to know whether or not Pompano High School should be closed; however, what he is interested in along with Council is that the children of Tamarac should be off the buses. He said the.concern he will be expressing on Tuesday night relates to the fact that there is a no -growth situation as far as families is concerned in the City of Tamarac. A survey that was just recently completed by the Advisory indicates again a marked reduction in children that will be attending the Tamarac Elementary School next year. It also indicates that there is still a continuation in the move to putting children in private schools. These are things that need to be brought out once again to the School Board in their discussion of the proposed boundary changes for the year 1982/83. Mayor Falck said he will state these concerns at this meeting and he would like to have a Resolution passed by the Council that would indicate their continued interest in getting Tamarac's children off the buses and into local schools. V/M Disraelly asked why they are going to oppose portables when there is sufficient ground available there? Mayor Falck said for some reason when something is established, they do not want to disturb the status -quo. The criticisms that he heard about the proposal as advanced by the Northwest Broward group is that Coral Springs, which has now indicated an interest, the people feel that this interest should have been expressed before. One of the proposals is that these portables be used primarily at Taravella but also at Piper and Coral Springs if this becomes necessary in order to keep Tamarac's children in school locally. V/M Disraelly asked what effect the case before the Supreme Court of last week has in this regard. Attorney Birken said he does not recall reading about that decision. Mayor Falck said what they referred to is that this has been before the courts and there has been a more liberal point of view taken where they have not required the expansion of - 4 - 3/5/82 /pm districts in order to determine the racial balance or imbalance. Attorney Birken read the Resolution in its entirety. C/M Kravitz MOVED the ADOPTION of Temp. Reso. #2211 authorizing Mayor Falck to speak on behalf of the Council at the meeting of March 9, 1982 concerning school boundaries and any future meeting. Also, to authorize the Mayor to take whatever actions as may be prudent to get the matter before the proper authorities, SECONDED C/W Massaro. VOTF. ALL VOTED AYE MAYOR FALCK ADJOURNED THE MEETING AT 11:50 A.M. YO ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ $ 1�3 6,jDer 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. - 5 - 3/5/82 /pm APPROVED ST