Loading...
HomeMy WebLinkAbout1993-12-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 22, 1993 CALL TO -ORDER: Mayor Bender called the meeting to order on Wednesday, December 22, 1993, at 9:00 a.m, in Council. Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. Mayor Bender called for the Pledge of Allegiance. p12T'i..S" ENT Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT: Dina M. McDermott, Interim City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, Acting City Clerk Phyllis Polikoff, Secretary 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. City Clark a. MOTION TO APPROVE_the minutes of the following City Council meetings: **1) 10/27/93 - Regular Meeting 2) 11/24/93 - Special Meeting SYNOPSIS OF ACTION: Removed 3.a.1. for discussion. (See Page 3 and 4 for discussion and Final Action) V/M Katz MOVED to REMOVE for discussion, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 1. a. RRESENTATION by Interim City Manager Dina M. McDermott of five-year service awards to the following: George Jones Adolfo Carpio Public Services Department Public Services Department b. PRESENTATION by Interim City Manager Dina M. McDermott of a ten-year service award to Judith Yacobellis, Community Development/Code Enforcement. SYNOPSIS_ „Or ACTI,QX a. Interim City Manager McDermott presented a five-year service award to Adolfo Carpio. Vernon Hargray accepted the service award for George Jones. b. Interim City Manager McDermott presented a ten-year service award to Judith Yacobellis. 2. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this City Council Meeting 12/22/93/PP Page 2 meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation.. Nathan Peretzman, resident, expressed his view regarding a newspaper article entitled "Another department head joins the exodus from Tamarac". Mayor Bender said operation of the City is dictated by City Council. Lou Sohn, resident, reminded Council of their request to prohibit blasting in Tamarac and to punish any person, firm or corporation which violated the Ordinance. Ellen Tomas, resident, expressed her concerns about aircraft noise from the Executive Airport and referred to legislation from New Jersey concerning aircraft noise problems, i.e., rerouting aircraft over water to another airport and lowering noise thresholds in suburban and rural areas. Ms. Tomas requested elimination of take --offs between 10:00 a.m. and 8:00 p.m. and she suggested the City write their Representatives and Senators asking support of this legislation. She said the citizens have not received adequate representation regarding Executive Airport and citizens from adjoining Broward Cities agreed to address the aircraft noise. She expressed her appreciation for Tamarac striving to preserve the quality of life along The Boulevards and thanked Interim City Manager McDermott for her involvement. V/M Katz said the correction in Item 3.a.l. will change the minutes to indicate he does not serve on the Advisory Board but is privy to all of their correspondence and that Ms. McDermott receives a copy. He referred to presentations from Advisory Council Meetings regarding The Boulevards and said the biggest problem in that area was helicopter noise. He referred to the last Advisory Council and said Council was trying to reroute flights at different times during the day. He said Mayor and Council and the Mayor should be aware that these issues were being addressed. V/M Katz said John McKay, member of the Advisory Council, related information to Interim City Manager McDermott. Walter Rekuc, resident, said 15 years ago a plane landed on 57th Street and University Drive and citizens were promised aircraft would not be allowed to land in the City and training schools would not be allowed. He said aircraft flew over the Woodlands, Kings Point and the Mainlands and aircraft with high noise levels were banned from the Hollywood/Ft. Lauderdale Airport and rerouted to the Executive Airport. He said although the Hollywood/Ft. Lauderdale Airport was open at night, said airport was idle and he questioned why deliveries were made after 9:00 p.m. He recommended that Executive airport be closed after 9:00 p.m., planes with high noise levels be removed and training schools with students 14 and older be eliminated. He said jet flights should be eliminated from the short field. Milton Siegel, President of the Isles of Tamarac, voiced his concerns about the flooding and drainage problem on 71st Place. He said residents could not get their mail without getting their feet wet. He said Interim City Manager McDermott, City Engineer Kline Jones, and other Engineering personnel, visited the Isles of Tamarac and explained the steps to correct the problem. He said the residents would like Council to implement the plan as soon as possible. Zeke Feldman, resident, said C/M Abramowitz did not win the lawsuit and C/M Abramowitz had to file an appeal. 11 City Council Meeting 12/22/93/PP Page 3 C/M Abramowitz said he filed an appeal and people had to decide who they wanted to vote for. 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. City Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 2) 11/24/93 - Special Meeting SYNOPSIS OF ACTION: APPROVED 3.a.2. 3.a.1 REMOVED on Page 1 for Discussion. b. MOTION TO APPROVE renewal of a model sales permit for GREENVIEW APARTMENTS in Building 9, 10000 Nob Hill Circle, for a six-month period from 1/10/94 to 7/10/94. ro V• • • w • w 0 r C. renewal of a permit for the use of a model sales facility at another location (Kings Point Professional Plaza) for ASHMONT/ICINGS POINT for a six-- month period from 1/27/94 to 7/27/94. �.• • •, 11 d. MOTION_TO,gp RP OVE the attendance of Gary Jordan at the Data -Tech Institute "Advanced trouble -shooting and upgrading techniques for the IBM PC and compatibles" in Orlando, Florida, February 23-25, 1994. e. MOTION TO ADOPT T=g, peso. #6601 approving a Tamarac Utilities West Water and Sewer Utility Easement for PARK PLACE THERAPEUTIC CENTER, University Drive at NW 71 Court, south of University Hospital, for a water main, fire hydrant and water meter to serve the medical office building. RESOLUTION R-93-174--PASSED C/M Abramowitz MOVED to APPROVE Consent Agenda Items 3.a.2., 3.b., 3.c., 3.d. and 3.e., SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE a• M4TIL TOMPH=—the minutes of the following City Council meetings: **1) 10/27/93 - Regular Meeting City Council Meeting 12/22/93/PP Page 4 REMOVED 3.a.l. on Page 1 and APPROVED ••• • V/M Katz said the minutes should be Amended to indicate he was privy to all correspondence relating to the Aviation Advisory Board and he discussed same with Interim City Manager McDermott. C/M Abramowitz MOVED to APPROVE as amended, SECONDED by V/M Katz. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Temv. Reso. #6614 approving a contract with Grant Thornton to conduct audits of the City Manager's Office, Community Development, Public Services, Finance and Risk Management in the amount not to exceed $4,500. SYNOPSIS OF ACTION: RESOLUTION R-93-183 PASSED APPROVED City Attorney Kraft read Temp. Reso. #6614 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber. Burt Emmer, Managing Department, South Florida Division of Grant Thornton, said his attendance would answer questions pertaining to a letter regarding procedures. C/M Abramowitz questioned the necessity of spending $4,500.00 for an audit which the Charter requested when a department head left. Mr. Emmer discussed financial audit versus diagnostic financial audit,.procedures, definition of "audit", findings after an audit, language referring to disclaimer, auditor, financial statements and opinions. He said Grant Thornton did not render opinions on financial statements of departments within Cities because said departments did not have balance sheets or profit and loss statements. Discussion followed and Mayor Bender said the audit would examine positions and people responsible for money, i.e. access or signing for same. He referred to the Finance Department, City Manager's Office and Risk Management which handled money but he said Community Development and Public Services did not. He said people dealt with assets when budgets were prepared and he questioned whether the City previously covered those areas when positions were vacated. Mr. Emmer said Community Development and Public Services dealt with assets and were subject to the audit because of their turn over. Ms. McDermott said no full audits were done in the past because of low turnover and she referred to auditing staff in the Finance Department which reviewed equipment inventory to make sure budgets were balanced. She said an audit was done when the Community Development Director left and reiterated the Charter required an audit when a department head left. C/M Schreiber referred to the $4,500.00 and requested an exact cost and suggested hiring an independent auditor to ensure a proper and correct audit. C/M Schreiber left the meeting at 9:45 a.m. VOTE: ALL VOTED AYE Discussion was held on interpretation and revisions to the Charter regarding loop holes. Mayor Bender recommended the Charter Board investigate the matter. Mr. Rekuc said an audit should be done when an officer leaves a corporation and the audit not be limited to $4,500.00. 1 1 City Council Meeting 12/22/93/PP Page 5 Mayor Bender said there was no vote on the exact amount. 4. MOTION TO APPROVE the purchase of a gasoline powered forklift for the Public Services facility from Mid -Florida Forklift, Inc., at a cost of $15,020. under State Contract 760-001-91-1 with funding from Account 502-702-592-643. SYNOPSIS OF ACTION: APPROVED V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. V/M Katz said the gasoline -powered forklift was a Nissan product but his concerns were placated when he realized 62-1/2% of Nissan parts were manufactured in America. He recommended the City buy American products whenever possible. Sherry Bauer, Purchasing Director, concurred and said the City purchased American -made products whenever possible. C/M Abramowitz said Ms. McDermott assured him there was no connection with the letter received from the person not awarded the bid. &6141 4 Community Devgl,gRMant 5. a. approving a request by THREE LAKES PLAZA for a special exception to allow a restaurant (BOSTON CHICKEN) on the southwest corner of Commercial Boulevard and NW 31 Avenue. Case 33-Z-93 b. MOTION TO ADOPT Tema, Rajg, _#6603 approving a revised site plan for THREE LAKES PLAZA reflecting demolition of a bank and construction of a 3,154 square foot restaurant (BOSTON CHICKEN) on the southwest corner of Commercial Boulevard and NW 31 Avenue. Case 59-SP-93 RESOLUTION R-93-175-PASSED RESOLUTION R-93-176-PASSED APPROVED 5.a. APPROVED 5.b. with condition HVAC system will comply with City Code. Interim City Manager McDermott to make this request in writing to Developer or Builder. a.) City Attorney Kraft read Temp. Reso. #6603 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M .Abramowitz. Mike Vonder Meulen, Director of Community Development, read the Findings of Fact and referred to the site plan, Item 5.b. He said the bank would be demolished to build the restaurant and the Applicant met all requirements and intents of the Code. He said the Planning Commission and Site Plan and Plat Review Committee recommended approval. VOTE: ALL VOTED AYE b.) City Attorney Kraft read Temp. Reso. #6603 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. V/M Katz discussed the HVAC, Ancel system, fire alarm, hood spray City Council Meeting 12/22/93/PP Page 6 and smoke evacuation and said the hood exhaust fans would handle smoke evacuation. He referred to duct system, fusible links and exhaust system and he questioned whether the same exhaust fan could evacuate the smoke when the damper was closed. TAPE 2 Mr. Vonder Meulen said he did not know. Dan Fee, CDI Engineering representing the Applicant, said he did not know and Robert Motchkavitz, Motchkavitz Engineering, and William Gallo, Architect, were out of town. He said the HVAC system could be included with building plans review V/M Katz suggested Council and City Manager Amend the Code so all restaurants would be subject to the same conditions and the HVAC Inspector must make sure smoke evacuation is addressed. C/M Abramowitz suggested Item 5.b. be Tabled, contingent upon the owner. The MOTION died for lack of a SECOND. V/M Katz said the owner has been cooperative and the problem would be resolved. He suggested the owners could proceed by meeting with the Building Department to discuss how to handle the matter. Mr. Fee said the owner would comply. Mayor Bender directed Interim City Manager McDermott to write a letter to the developer or builder indicating V/M Katz's suggestion that the HVAC system will comply with City Code. VOTE: ALL VOTED AYE 6. 4 approving a request by CCL Consultants, Inc., agent for Pulte Home Corporation, granting a vacation of two 20--foot utility easements within the interior of the LAND SECTION 6 NORTH PLAT located on the southeast corner of Southgate Boulevard and the Sawgrass Expressway. Case 37-P-93 RESOLUTION R-93-177-PASSED City Attorney Kraft read Temp. Reso. #6604 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Mr. Vonder Meulen read the Findings of Fact and advised the easements conflicted with the Approved site plan and additional easements were granted by the franchised utilities with no objections noted. He said the plat was recorded by Leadership Housing before the site plan was approved. VOTE: ALL VOTED AYE 7. H0TIQX TSB ADOPT Tin,_,ggso _ #6605 approving a request by CCL Consultants, Inc., agent for Pulte Home Corporation, granting a vacation of two 20-foot utility easements within the interior of the LAND SECTION 6 SOUTH PLAT located on the northwest corner of McNab Road and NW 108 Terrace. Case 38-P-93 RESOLUTION R-93-178-PASSED City Attorney Kraft read Temp. Reso. #6605 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Mr. Vonder Meulen said the situation was the same as Item 6. VOTE: ALL VOTED AYE 1 1 �J City Council Meeting 12/22/93/PP Page 7 1 8. 6 approving a request by Marshall P. Krupnick, Esq., agent for the Estate of Grace Koplin, granting two minor encroachments into a 5-foot utility easement located at the rear of 5709 Coco Palm Drive in Woodlands Section 7 to clear title to this property. Case 35-P-93 RESOLUTION R-93-179-PASSED -• r City Attorney Kraft read Temp. Reso. #6606 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by V/M Katz. Mr. Vonder Meulen read the Findings of Fact regarding the encroachments and advised that the permits were pulled and the franchised utilities and Staff had no objections. V/M Katz questioned whether the encroachment related to deed restrictions wherein the purchaser knew of the encroachment if a utility caused any damage. Mr. Vonder Meulen referred to the Abstracted Survey and said a search would locate an encroachment. C/M Abramowitz said nothing could be done until the Estoppel cleared. VOTE: ALL VOTED AYE 9. MOTION TO ADOE,T, 12MR. Baso, 16607 approving a request by Betty Sadkin Benstock granting a 5-foot encroachment into a 10-foot utility easement for a screen room at 5732 South Bayberry Lane in Woodlands Section 5. Case 36-P-93 RESOLUTION R-93-180-PASSED City Attorney Kraft read Temp. Reso. #6607 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by V/M Katz. Mr. Vonder Meulen read the Findings of Fact stating the franchised utilities were contacted and they had no objections. He said Southern Bell advised the property owner would be responsible for damages during maintenance or repair of their facilities. He said permits would be held until Council approved the request. C/M Abramowitz commented on permanent structures and said the Ordinances should be revised because of variances and rights of homeowners. He said many requests were unnecessary because they refer to extensions for additions to homes. He also questioned whether Mrs. Sadkin Benstock was aware of the easements. Mr. Vonder Meulen said, yes. V/M Katz questioned whether Mrs. Sadkin Benstock received approval from her Homeowners Association. Mr. Vonder Meulen said approval had to be obtained only if deed restrictions and the Homeowners Association specified same. C/M Abramowitz agreed and he referred to litigation regarding Calico Country. Betty Sadkin Benstock stated her reasons for the addition and advised that she received approval from the homeowners association. V/M Katz said approval was unnecessary prior to construction but Council did not act contrary to Homeowner Association requirements and discussion followed. City Council Meeting 12/22/93/PP Page 8 VOTE: ALL VOTED AYE City ouncil 12• on second reading establishing the Privatization Committee. ORDINANCE 0-93-31-PASSED APPROVED on Second Reading and Final Hearing. City Attorney Kraft read the Temp. Ord. #1672 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by V/M Katz. V/M Katz asked where would the City look for candidates. Ms. McDermott said candidates could be recruited from the Tam -A -Gram, Channel 19 and flyers. C/M Abramowitz thanked V/M Katz for the excellent presentation made regarding Annexation. Mayor Bender OPENED and CLOSED the PUBLIC HEARING with no discussion. VOTE: ALL VOTED AYE 13• on second reading establishing the Sister Cities Committee. SXNQPSIS Off' ACTIQN; ORDINANCE 0-93-32-PASSED APPROVED on Second Reading and Final Hearing. City Attorney Kraft read Temp. Ord. #1673 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by V/M Katz. There was no discussion. Mayor Bender OPENED and CLOSED the PUBLIC HEARING with no discussion. VOTE: ALL VOTED AYE 14. PUBLIC HEARING - on second reading establishing the Ambulance Committee. EYjQRSIS OF ACTION" ORDINANCE 0-93-32-PASSED APPROVED on Second Reading and Final Hearing. City Attorney Kraft read Temp. Ord. #1674 by title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. V/M Katz advised the City would be heard regarding the ALS license. C/M Abramowitz said Chief Porcella from Margate would be the Broward League's representative on the EMS Committee and he would meet with each Broward County Commissioner with regard to lobbying on this matter. He said the City owned two ambulances but the City could not get permission from Broward County to transport. He said the League is fighting for changes to benefit the City and the citizens. Mayor Bender OPENED and CLOSED the PUBLIC HEARING with no discussion. VOTE: ALL VOTED AYE 1 City Council Meeting 12/22/93/PP Page 9 15. on second reading establishing the Annexation Committee. SYNOPSIS OF ACTI ORDINANCE 0-93-32-PASSED APPROVED on Second Reading and Final Hearing. City Attorney Kraft read Temp. Ord. #1675 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M ,Abramowitz. Mayor Bender OPENED the PUBLIC HEARING. V/M Katz stated he made a presentation at a Council Workshop and advised the City was losing assessed valuation, including new construction. He said the Property Appraiser's office reduced assessed valuation almost $50 Million Dollars during the past two years and assessed valuation would increase as condominiums aged. V/M Katz discussed increasing revenue through annexation of commercial and residential ratables and areas east of State Road 7, which were considered but voted down by Council in 1986. He referred to property acquired by Lauderdale Lakes and property left vacant but still producing revenue every month. He said City Attorney Kraft presented a draft Ordinance in regard to annexing and he hoped the City would examine his proposal. C/M Abramowitz said land was annexed from Bermuda Club to the Gate on Bailey Road and it turned out to be unprofitable. He referred to commercial areas east of State Road 441 given to Ft. Lauderdale and, today, that property generates a great deal of money. He said if Tamarac owned it, ad valorem taxes could be eliminated. V/M Katz stated the cost would be approximately $1 per year for Fire, Police and Public Works services million dollars if areas east of State Road 441 were annexed. He said those services could render approximately $5 million dollars in revenue and Council should consider spending $1 million dollars to make $5 million dollars. Mayor Bender discussed annexation, liability of annexation versus assets generated and the length of time to receive revenue. Mayor Bender CLOSED the Public Hearing. VOTE: ALL VOTED AYE 16. PUBLIC HEARING - on second reading amending Article II of Chapter 12 of the Code entitled "Occupational Licenses", Sections 12-37, 12-41, 12-42, 12--50 and 12-51, pertaining to penalties for late payment of fees; expiration, term, proration of fee; transfer of licenses; machines or instruments --distributors' license prerequisite; and operation before payment of taxes. SYNOPSIS OF ACTION ORDINANCE 0--93-35-PASSED APPROVED on Second Reading and Public Hearing. City Attorney Kraft read Temp. Ord. #1669 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Mr. Vonder Meulen said he had no comments. Mayor Bender OPENED the PUBLIC HEARING. C/M Abramowitz discussed Occupational Licenses and said Tamarac conducted an examination which produced $26,000 in additional revenue from individuals without said Licenses. He said City Council Meeting 12/22/93/PP Page 10 suggestions were made to Broward County to: a) request a city License before issuing their licenses, and, b) all Broward County Cities should issue their own Licenses as well as a Broward County License with the stipulation the city is compensated for issuing the license. Mayor Bender CLOSED the PUBLIC HEARING with no further discussion. VOTE: ALL VOTED AYE 10. 8 awarding Bid 93-14 in the amount of $136,630. to Trio Development Corp. to construct Lift Station #48 to serve the Pulte Home Corporation development in Land Section 8 with funding from Account 441-367-535-6HK (State of Florida wastewater grant funds. g•' •R F.411MMUSIMNr RESOLUTION R--93-181-PASSED City Attorney Kraft read Temp. Reso. #6608 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Kline Jones, City Engineer, said three bids were received and he discussed lift stations on Land Section 8. He advised that Trio Development's $136,630 bid was lower than the budgeted amount ($170,000) but Trio did not provide services before to the City and he did not know if Trio did business before in Broward County. He said Trio Development met all bid requirements. Discussion followed on the Penalty Clause. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT T=g. Reso. #6610 awarding Bid 93-16, gas Chromatograph, in the total amount of $52,896.98 with funding from Account 425-363-533-648: a. To Tekmar Company in the amount of $24,067. for the purchase of the purge and trap and auto sampler for the gas chromatography system; and b. To Perkin Elmer in the amount of $28,829.98 for the purchase of the remainder of the gas chromatography system, including the gas chromatograph detectors and data system. RESOLUTION R-93-182-PASSED APPROVED ll.a. and 11.b. City Attorney Kraft read Temp. Reso. #6610 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Vernon Hargray, Public Services Operations Manager, said the gas chromatograph would monitor organic compounds to comply with regulations. He said the present equipment was 10 years old and discussion followed. TAPE 3 Mayor Bender questioned the frequency of checking the equipment to make sure it worked properly. Mr. Hargray said the equipment self -diagnosed itself. VOTE: ALL VOTED AYE Interim City Manager McDermott discussed Items a. and b. and said Tekmar Company was awarded $24,067. for the purge, trap and auto 1 1 1 City Council Meeting 12/22/93/PP Page 11 1 1 1 sampler and Perkin Elmer was awarded $28,829.98 for the purchase of the gas chromatograph detectors, data system and remainder of the gas chromatography system. V/M Katz MOVED APPROVAL of a) Tekmar Company - $24,067, SECONDED by C/M Abramowitz. C+7*y4:)fl ALL VOTED AYE C/M Abramowitz MOVED APPROVAL of b) Perkin Elmer - $28,829.98, SECONDED by V/M Katz. PLel' V/M Katz wished everyone a Happy Holiday. ALL VOTED AYE C/M Abramowitz discussed material from the State of Florida, Florida Department of Agriculture and Consumer Services, and $3.5 million dollars available in Grant money. He said the material was.fcirwarded to Interim City Manager McDermott who advised she was unable to handle the matter at this time and he suggested gatt,inT someone else to handle the Grants and he wished everyone a Happy Moliday. Mayor Bender read his December 22, 1993 memorandum to Interim City Manager McDermott into the record, SUBJECT: Blasting Project by Pulte Builders. "I am writing this memo on behalf of all my constituents who have established a major concern for their health and welfare resulting from the blasting project by Pulte Builders. "I have received numerous reports from the County and our City engineers concerning the blasting requirements that have to be met by the Pulte Company in order to comply with established City and County code. I have been advised that these Code requirements have been met. However, I firmly believe that where we have densely populated areas, where the average age is 65 and some residents are 75 and 85 years of age, with health and heart problems, that blasting should not be permitted. "The element of fear enters the picture and should not be ignored. The judicial system in our country recognizes that "fear" be it real or imaginary, is a viable item that has to be reckoned with. "You now have a situation where an area in Tamarac has been invaded by the element of fear which emanates from the blasting project. This issue now involves the health and welfare aspects which we who are elected officials are obligated to respect. "I strongly believe that all the rules and regulations we have on the books in our City and in Broward County, covering the subject of blasting, should be applicable to areas that are Not densely populated. As a result of last weeks' blasting test, there has been physical and mental damage to property and residents. The application of discretion is a vital ingredient in interpreting the blasting laws in Broward County and our City. "I am requesting that an assessment of the reported blasting damage be made by our Staff and that your Office provide options that Council should consider for remedial action". Mayor Bender said Building Inspectors and Dan Wood, Chief Building Official, visited the blasting site and examined the actual damage and a report with recommendations will be forthcoming. He wished everyone a Happy Holiday. City Council Meeting 12/22/93/PP Page 12 19. City Attorney City Attorney Kraft - No Report Interim City Manager McDermott discussed information from All Service Refuse Company and Southern Sanitation Company relative to CPI increases and a Staff Report would be forthcoming to Mayor and Council. She said City Hall would be closed December 24 in observance of the Holiday. She suggested scheduling a Workshop with Council and Department Heads for the purpose of discussing City Staffing and grants. With no further business, Mayor Bender ADJOURNED this meeting at 10:35 a.m. 4-ICAROALIA-4:.';�8'VANS, CMC CITY CLERK w H. BENDER MAYOR CITY OF TAMARAC APPRQ D AT MEETING OF 9 City Clerk 1 1 Ll