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.
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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.
�.• • •,
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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