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HomeMy WebLinkAbout1991-07-03 - City Commission Special Meeting MinutesΫ-x @ - H  ΓΎ δ4 Αβ  β  β  β β β β « β« β« β« β« β»  β. ι β4 γ γA ^δ^ δ( δ δ  δ δ δ δ δ δ δ δ δ δ δ δ 4 Ύ δΎ δΎ δC   ITY OF TAMARAC CITY COUNCIL SPECIAL MEETING WEDNESDAY, JULY 3, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, July 3, 1991 at 9:30 a.m. in the Conference Room #1 of City Hall. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ALSO PRESENT: John P. Kelly, City Manager Carol A. Evans, City Clerk Alan F. Ruf, City Attorney Dina McDermott, Assistant City Manager Jim Budzinski, Acting Fire Chief Mary Blasi, Finance Director Karen Jackson, Secretary ***************************************************************** 1. MOTION TO APPROVE the lease purchase of a new body and repairs to the City's 1979 Seagrave pumper from Dowling Fire Equipment, Inc. SYNOPSIS OF ACTION: APPROVED Jim Budzinski, Acting Fire Chief, said this is to refurbish the 1979 Seagrave, the front line pumper the City currently has, which is being replaced with a new vehicle this year. He said the Fire Department would like to send out the best of the remaining three trucks, once the new truck is in place. He said the Seagrave is mechanically in good shape; however, the steel body is rotting. He said they would like to send the Seagrave out and have an aluminum body put on and have the body completely refurbished. He said the Fire Department would give the current two reserve trucks as a trade-in towards the refurbishment which would give the Fire Department two new trucks with one in reserve which would meet their needs. Mayor Abramowitz asked what the two vehicles are that will be traded and Mr. Budzinski said one is a 1977 American Lafrance pumper and a 1980 Ford pumper. C/M Schumann asked the condition of the frame and engine of the pumper being sent for refurbishment and Mr. Budzinski said they are in good condition. He said there is no anticipation of any major repairs to that vehicle. C/M Schumann asked if the 20 year manufacturer's limited warranty included is on workmanship or the material and Mr. Budzinski said the warranty is on the booster tank. He said there is a one year warranty on the new parts. City Manager Kelly said if this is sent out in November, 1991, the first payment would not be due until November, 1992 and Mr. Budzinski agreed. C/M Schumann asked if the City is going with the lease purchase and Mr. Budzinski recommended that be done. He said the lease purchase does not affect the upcoming budget. V/M Bender asked what was previously alotted in the budget and Mr. Budzinski said repairs and maintenance. Mr. Budzinski said the Fire Department is requesting $41,000.00 for the upcoming year which includes all of the equipment and repairs. Mayor Abramowitz asked how much was specifically for this piece of equipment and Mr. Budzinski said approximately $10,000.00 to refurbish the pumper, which is long overdue. C/M Katz said he wants to be sure that the City is not going to be short by trading in the two pumpers and the third pumper will be in the body shop. He said the City will be receiving a new piece of equipment and the current prime piece will be the backup to the new one and the refurbishment will be the second backup. He asked if the City will have a third piece of equipment while all of the transactions are taking place and Mr. Budzinski said they will not take possession of the trade-in until they deliver the completed refurbished pumper. C/M Katz asked if the City can operate the trade-in pieces and Mr. Budzinski said the City will be able to use them for backup until the completed refurbishing is returned. C/W Glasser said in the repairs review by Harold Sales and Service, it shows repairs to the steel body only and does not include additional required repairs. Mr. Budzinski said the estimate received from Harold Sales is separate from Emergency 1. He said Harold Sales proposed to the City to ship a new steel body prime, with no repair work being done by their staff, but with Dowling, all of the work is included. Mayor Abramowitz said he feels there is no lack of equipment and the City does have mutual aid. He said the City has two firehouses and five pumpers are not needed. He said he does not want shiny, new equipment. Mr. Budzinski agreed and said they are looking at the savings by trading the vehicles and City Manager Kelly agreed. C/W Glasser asked what their balance in the 1990 budget is and City Manager Kelly said he did not have it at present and would access it for Council. Mr. Budzinski said it would be difficult to access that amount of money in one payment at this time of the year. Mayor Abramowitz suggested they stipulate in the agreement that there is a prepay without penalty. C/M Schumann MOVED to APPROVE Item 1, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 2. MOTION TO APPROVE matching grant funding for emergency communication equipment in the amount of $34,805.00 and defibrillation equipment in the amount of $17,400.00 from Florida Emergency Medical Services (EMS). SYNOPSIS OF ACTION: APPROVED Assistant City Manager Dina McDermott said the City had applied to the Florida Emergency Medical Services (EMS), which is part of the HRS in Tallahassee, for a 50/50 matching grant and the City received $52,205.00. She expressed her appreciation to Jim Karcher, Rex Van Mehren and Mark Smith for their help in creating this grant request in the Class 4 Specialized Equipment for Fire Services. Assistant City Manager McDermott said in the 1990/91 budget, the City had $109,000.00 allocated for communications equipment. She said the total radio system that the City is required to go to within the year is $102,000.00 for 800 megahertz. She said this grant provides for $34,805.00 from the State and the City is required to match that $34,805.00. She said the differential is that the City needs to accommodate the purchase of the additional radios for $32,390.00. Assistant City Manager McDermott said the City applied for another grant for defibrillators which is a special program of automatic defibrillators that has not been done in Broward County. She said the City of Tamarac will be instrumental in helping other cities get on-line with the system. She said monies would need to be transferred from the Communications Account to the Special Equipment Account. She said the grant for this was $17,400.00 and the City's required match is $17,400.00. Assistant City Manager McDermott said she is requesting Council authorize the City's match for both grant and authorize the transfer of $17,400.00 from the Communications Account to the Special Equipment Account. Mayor Abramowitz asked if the City can use time in place of the cash and Assistant City Manager McDermott said this grant is based on cash. She said the City had applied for the Jaws of Life last year which was received on July 27, 1991. C/M Schumann asked if the City has $109,000.00 remaining in the budget for this and Assistant City Manager McDermott said the money is there. C/M Schumann said he sees where they want to delete $109,000.00 from the 1991/92 budget and City Manager Kelly said, yes, if the Council goes with this. Assistant City Manager McDermott said the $109,000.00 which is budgeted this year was part of the Capital Program if the City sold the old City Hall. She said if the grant had not been received, the City would have taken the $109,000.00 on paper and transferred it over to the 1991/92 fund balance. Mayor Abramowitz asked if this radio is a requirement and Mr. Budzinski said the radio is required by May, 1992, and if the grant is not used at present, the City will have to entirely fund it in 1992. C/M Katz asked where $109,000.00 came from with a 50/50 matching grant at $34,805.00 equalling $69,000.00. Assistant City Manager McDermott said the City was anticipating equipping the two pumpers that are being traded in, which is a cost savings of approximately $7,000.00 for those radios. Commander Van Mehren said the $109,000.00 figure was derived to do all of the radios and when the grants were available, the attempt was made for the State to match half of it at $54,500.00, but the State funded $34,805.00. Assistant City Manager McDermott said $109,000.00 was the original estimate to purchase the new radios for the entire Fire Department. She said several thousand dollars are being saved by not replacing the equipment on the two trade-in vehicles. She said due to the City not receiving full funding for the project requesting $54,000.00, Staff is requesting that Council spend $32,390.00; therefore, the entire system will still cost the City approximately $102,000.00. C/M Katz said if the request for the grant was for half of the $109,000.00, will the City be in compliance by appropriating $69,000.00 versus the $109,000.00. Mr. Budzinski said the City is funding 2/3 of the money and the State is funding 1/3 which will be the total funding needed for the radios. He said a 50/50 matching grant was applied for, but the City did not get the entire amount. He said the City needs to match the $34,805.00 from the State and the City needs to fund an additional $32,000.00. He said the total cost to the City for the radio system will be $102,000.00 if the City goes with the lease purchase. C/M Schumann asked if the City will be able to network the entire County with the new system and Mr. Budzinski said, yes. Assistant City Manager McDermott said it would be for all, except for the City of Sunrise, who has their own frequency and their own dispatch system. Mr. Budzinski said Sunrise does have capability to cross-over for communication. C/M Katz said this was a paper item based on the sale of the old City Hall with a capital expenditure for the 89/90 budget and the 90/91 budget, which was based on money the City did not have. He said the City has not sold the old City Hall and must find $102,000.00 for this. Assistant City Manager McDermott said it is in the 1990/91 budget, but the City was not to spend the money. She said the money is in the Communications Account. C/M Schumann asked if the money is physically there and Assistant City Manager McDermott said it is available. Mayor Abramowitz said the Council had specified that the money could not be spent on Capital expenditures unless the old City Hall was sold. C/W Glasser said the sale of the City Hall had to be included in the 1990/91 budget and Mayor Abramowitz said it was. C/M Katz said the money expected from the sale of the City Hall was removed from the 1991/92 budget and the $109,000.00 was placed on the 1991/92 budget for this equipment. Assistant City Manager McDermott said the money is in an account and if the City does not use it during 1990/91, the Finance Director puts it towards the Fund Balance for 1991/92. She said it was placed as a line item for 1991/92 for the radios. She said the City is spending part of the money at present, not including it in next year's budget and using the State's money as a match. Mary Blasi, Finance Director, said the City had restricted the purchases of capital theoretically, because of the sale of the old City Hall. She said a review has been done of all the revenues and expenditures and there are sufficient revenues in the current year to provide for the capital improvement, based upon the expenditures to be paid for the rest of the year. Ms. Blasi said the City budgeted $798,000.00 in revenues that was based upon the fund balance being available from the previous year. She said after doing an estimate of all of the expenditures that will be paid this current year, the City will be using approximately $400,000.00 of those expenditures, leaving excess expenditures from that budget item to use. She said the capital items are approximately $600,000.00 and the City must watch those because $600,000.00 was budgeted for them and other line items will not come into the same total. She said there will funds available in the current year. C/M Katz said there is a surplus in other departments' funds of $400,000.00 of which $109,000.00 will be taken for these radios. C/W Glasser asked if there will be $109,000.00 in the Communications Fund after this is completed. Ms. Blasi said in the General Fund budget, the capital and operating expenses are combined. She said the capital expenditures were estimated at approximately $600,000.00 and the sale of the City Hall was estimated at approximately $600,000.00. She said the City wanted to control its capital spending because if the City Hall was not sold, there would not be enough funds to cover the operating costs. Ms. Blasi said the $109,000.00 will increase the estimated fund balance from $400,000.00 to $482,000.00 and reduce the $800,000.00 that is available for next year, but the City will be reducing the line items on next year's budget by $109,000.00 because it is being used this year. Mayor Abramowitz said this is a transfer of funds and the previous Council in the previous budget stated that the City cannot spend the $600,000.00 for capital improvements until the sale of the old City Hall. He said there have been emergency reasons throughout the year to spend some of this money. V/M Bender MOVED to APPROVE Item 2, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED this meeting in the Council Chambers at 10:15 a.m. with ALL PRESENT. 3. MOTION TO ADOPT Temp. Reso. #6041 removing deed restrictions relating to food and alcoholic beverages at MAINLANDS CENTER placed on the property in 1978. (located on the northeast corner of University Drive and NW 58 Street)(tabled on 6/26/91) SYNOPSIS OF ACTION: TABLED at the request of the Petitioner to Council Regular Meeting on August 28, 1991. City Attorney Ruf read Temp. Reso. #6041 by title. V/M Bender MOVED to TABLE Temp. Reso. #6041 at the request of the Petitioner, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 4. MOTION TO APPROVE Final payment in the amount of $10,149.00 to Atlantis International Construction Company, Inc., for construction of the comfort station at VETERANS PARK. SYNOPSIS OF ACTION: APPROVED Mike Couzzo, Director of Public Services, said this is the final payment to Atlantis International Construction Company, Inc., for the comfort station which has been completed and the Certificate of Occupancy and the Release of Liens have been received. C/M Schumann asked what the contractor's performance below average rating means and whether the City would retain him for additional projects in the future. Mr. Couzzo said he feels that due to the specialty nature of some of the plumbing fixtures, the contractor may have over-extended himself by not being able to coordinate the schedule and the receipt of the materials in a timely manner. He said he feels the quality of the work was good, but the contractor was unable to meet the timeframe the City wanted. City Manager Kelly said a contractor evaluation report will be filled out for any future projects. C/M Katz MOVED to APPROVE Item 4, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 5. a. MOTION TO APPROVE Change Order #17 to the contract with Caldwell- McKnight Construction in the amount of $853.00 to provide and install multiplexer cable in lieu of the specified cable and previous looped design at the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. b. MOTION TO APPROVE Change Order #18 to the contract with Caldwell- McKnight Construction in the amount of $1,380.00 to install fire dampers and fire seal pipes in bearing walls as indicated in revised drawings at the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. c. MOTION TO APPROVE Change Order #19 to the contract with Caldwell- McKnight Construction in the amount of $669.00 to provide for the addition of a baffle and piping as indicated on manufacturer's shop drawings of oil interceptor tank at the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. d. MOTION TO APPROVE Change Order #20 to the contract with Caldwell- McKnight Construction in the amount of $835.00 to provide an additional electrical disconnect at the dry storage buildings at the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. SYNOPSIS OF ACTION: 5.a., b., c., and d. APPROVED 5.a. V/M Bender MOVED to APPROVE Change Order #17. Gary Kuhl, Architectural Representative for Scharf and Associates, said there are four change orders on this project. He said the total increase on this contract has been $9,331.00 which should represent the completion of the project. He said Change Order #17 concerns the need for individual runs to each of the data processing stations. He said this is a request by the City and it appears there was a miscommunication in the initial planning of the project. He said the City will be paying for the additional length of the cable. TAPE 2 C/M Katz said in reading the AIA Agreements, if the Contractor does work knowing that the work is not what he should be doing or up to a particular section of the Code, the Contractor is responsible and not the City in paying the bill. C/W Glasser said Mr. Kuhl said there is no penalty to the City for this Change Order and that the cable that was to be used will be credited and Mr. Kuhl agreed. Mr. Kuhl said this is not a matter of Code compliance, but is strictly to meet the City's needs in the way the City establishes its system and the Contractor would have no knowledge of that. Mayor Abramowitz asked if there is anyway Scharf and Associates can charge the City more than what is being charged. Mr. Kuhl said of all the Change Orders on this project, $11,243.00 were additions to this project requested by the City and were not errors or omissions. He said the net result is that Scharf and Associates brought the project in $1,312.00 under the original bid price. C/W Glasser SECONDED the Motion. VOTE: ALL VOTED AYE 5.b. C/W Glasser MOVED to APPROVE Change Order #18, SECONDED by C/M Schumann. Mr. Kuhl said the bearing walls within the two structures are required to be one hour fire resistive walls, which they are. He said the Code stipulates that they are to be of one hour fire resistive construction. He said this was reviewed several times by the Building Department and during the course of construction, the Building Department requested that the County inspectors do a walk through to make sure there were no omissions, problems, or matters of interpretation. Mr. Kuhl said the County took the view that the City had to have fire dampers installed. He said a fire damper or a fire seal is necessary to create a separation when a fire is to be contained. He said if a fire barrier is present, a fire damper or fire seal would be installed. He said the Code does not address this, but states there is to be a one hour fire resistive wall. He said he had discussed this with Dan Wood, Chief Building Official, and they agreed that this is not a stipulated agreement of the Code; however, to appeal this, the project would have to be delayed. Mr. Kuhl said they would take it to the Board of Appeals and the State which would take a couple of months. He said it is a judgement call. C/M Katz said NFPA requires that the integrity of the wall is maintained and if a piece of pipe going through that wall is not sealed, the integrity is destroyed. Mr. Kuhl said he researched this and it is not a fire barrier. C/M Katz said he feels the Contractor or the Construction Manager should reflect when he questions something and the Contractor should be held responsible. C/W Glasser asked if Mr. Kuhl was referring to the City Code and Mr. Kuhl said he was referring to the South Florida Building Code. VOTE: ALL VOTED AYE 5.c. V/M Bender MOVED to APPROVE Change Order #19, SECONDED by C/W Glasser. Mr. Kuhl said at the onset of the project, the City received an interpretation from EQCB, which allowed the City to use a concrete in lieu of a fiberglass oil interceptor tank. He said the water which is picked up by the drains in the shop area of Public Works, runs through this tank and it separates the oil and grease from the water so these pollutants do not run into the storm water system. Mr. Kuhl said the City will receive a $9,600.00 credit for the concrete tank. He said when the shop drawings were received and reviewed by Scharf and Associates, it was realized that it would be necessary to drain the tank periodically and dispose of the material which would be expensive. Mr. Kuhl said the Contractor modified this to allow for the separation of the oil and grease into a separate compartment so the entire 500 gallon tank would not have to be drained. VOTE: ALL VOTED AYE 5.d. C/W Glasser MOVED to APPROVE Change Order #20, SECONDED by V/M Bender. Mr. Kuhl said this is a request by the Building Department to put electrical disconnects on the exterior of two small buildings which are used for chemical storage at the back of the site. C/M Katz said the NEC requires that if there is one meter to meter every separate building that each needs its own disconnect entering into the building. He asked if the original plan showed a disconnect. Mr. Kuhl said these buildings are approximately 8 feet by 8 feet and there is one light bulb and one switch and there is no meter. He said there are disconnects in the main building and for the out buildings within the panels in the associated buildings. C/M Katz said he said the Codes allow for what the Change Order requires. He said he feels there should have been an attempt to get it on record prior to a Change Order and the City should not have to be billed for it. Mr. Couzzo said these are two small storage facilities and at the time it went through the Building Department, it was not a Code compliance requirement. Mr. Kuhl said this is a secondary disconnect, there is a disconnect at present. C/M Katz asked who is insisting on this disconnect and Mr. Couzzo said the Building Department. Mayor Abramowitz asked why this is being done at present instead of when the plans were being reviewed. VOTE: ALL VOTED AYE 7. PRESENTATION by Woodlands Golf Association, Inc., regarding a cost sharing proposal to rehabilitate Woodlands Boulevard. SYNOPSIS OF ACTION: Presentation was made by Woodlands Golf Association, Inc., and discussion was held. Item will again appear on the Council Agenda for 7/10/91. Murray Meisner, President of the Woodlands Country Club, said the Woodlands Country Club discussed with the City in 1987, the deplorable condition of the main entrance of the community and the Country Club. He said the Woodlands Representatives pointed out that the run down condition adversely affected home values and Country Club memberships. He said the City agreed to provide curbing along the Boulevard if the Woodlands group irrigated and relandscaped the Boulevard and maintained it for 20 years. He said this was done recognizing the unattractive condition of the entrance and the median and the affect on the community and the City. Mr. Meisner said in January, 1988, the City sent the Woodlands a proposed contract between the parties and in March, 1991, in an effort to accept the City's proposal and to return a shabby street into an attractive Boulevard, the membership of the Woodlands Country Club voted 264 to 163 to assess its membership to fund a landscaping and maintenance program and to share with Woodlands Homeowner's Association, the maintenance of the Boulevard for 20 years. Mr. Meisner said the Woodlands Homeowner's Association Board voted 13 to 7 to approve a contribution to the effort as well as the Estate owners. He said the Woodlands is now in the position to work with the City to turn the Boulevard into a fresh and attractive main entrance to the community and the Country Club. He said over $140,000.00 will be spent on a one mile new irrigation system with beautiful landscaping from Commercial Boulevard to the Clubhouse. Mr. Meisner said the City will be entirely relieved of the maintenance of the irrigated landscaped one mile Boulevard for 20 years. He said over $140,000.00 of landscaping including an irrigation system will be invested in the improvement of City property and at least $20,000.00 yearly in 1991 and approximately $500,000.00 over a 20 year period will be spent on this maintenance. He said a beautiful entrance and median strip will enhance the value of 892 homes with a total assessed valuation in excess of one hundred million dollars. Mr. Meisner said some experts say that real estate values may rise 3 to 4 percent which would increase real estate tax payment. He said this project would mean more economic activity in Tamarac and income for the City in issuance of building permits. He said he feels that the City officials would be proud of this with a small expenditure for curbing created in a beautiful Tamarac Country Club community. Leo Platz, member of Woodlands Country Club and the Woodlands Homeowner's Association, asked which of the entities would the City recognize as the legal entity and power to enter into a contract with the City. He said there are a number of residents in the Woodlands who are not members of the Country Club. He said there have been legal questions raised as to the validity of an agreement between these associations and the City. Mayor Abramowitz said the entity that would be held responsible is the Woodlands Country Club because the Woodlands Homeowner's Association has no assets. City Attorney Ruf said the appropriate legal entity would be the Woodlands Golf Association, Inc., d/b/a Woodlands Country Club. Mr. Platz asked if City Attorney Ruf is satisfied that they have a legal right to enter into this type of agreement and City Attorney Ruf said he has not done an extensive investigation; however, if it is a not-for- profit corporation, they would have the right. Isadore Gellis, Counsel for Woodlands Country Club, said the Woodlands Country Club's bylaws make provisions for the membership to vote on a matter of this kind and the membership affirmatively voted by the numbers previously stated. He said he has done the research regarding the legal entities and this should be directed to the Country Club and not to the City. He said the Country Club does have the right to enter into such a contract. Charlotte DeBord, member of the Homeowner's Association, said there is a concern by the residents in the Woodlands. She said there are many who are in support of a beautification program. She said the residents have concerns regarding the curbing and they are not in favor of the relinquishment of the City's responsibility for maintenance of the median area in order to have the curbing installed. She said the members gathered a short petition to the Council objecting to the City placing curbing in this area and to give up City maintenance in this area. Ms. DeBord said the members of the Homeowner's Association feel that there is a way to have this beautification program without the curbing. She said there are sprinkler systems that are available which are almost indestructible to traffic. She said there is an Ordinance that prohibits parking on the median and grassy areas. She said the feelings are that the Ordinance should be enforced by the City. She suggested signs stating, "Keep Off Median", could be placed on the median. Ms. DeBord said the members feel that they deserve a portion of the tax services from the tax base exhibited in the Woodlands. She said all residents of the Woodlands have a right to be able to go to the City and request City maintenance be done. She said there is a feeling that this will look beautiful without the curbing and it will preserve the natural beauty of the area which the Woodlands name implies. Mayor Abramowitz said the City would be happy not to put the curbing and to continue with cutting the grass. He said the only service the City provides to the Woodlands, Woodmont, or any other part of Tamarac, is grass cutting and trying to keep it as beautiful as possible. He said the City does not maintain trees or plants which is why this would be beneficial to the Woodlands. V/M Bender asked how many names are on the Petition and Ms. DeBord said there are 90 signatures representing 90 separate addresses at present. She said many of the residents in the Woodlands are not aware that this is a part of the plan. She said the homeowners have not all been informed as the Country Club members have. She said the residents do not object to the beautification, but are not in favor of giving up City maintenance for a 20 year period to receive the curbing. V/M Bender asked what happens after the 20 years is completed. He asked what if the Woodlands Country Club decides not to renew it and then the City would resume the responsibility and Mr. Gellis said the property belongs to the City and at the end of the 20 years, there would be renegotiations with the City. Mayor Abramowitz said the Council read this proposal in the past and he feels it is beneficial to the City. He said he will not get involved with "condo politics". He said his decision must be based on whether or not it is in the best interest of the City. He said this had been passed by a previous Council with the difference that the City had signed the contract and the Woodlands had not. C/W Glasser asked what recourse the City would have if in the 20 year period something happens to the Woodlands Country Club and they do not have the money to maintain the property or there is a change in officers and they vote to not take care of it. City Attorney Ruf said this is a contract which is enforceable. He said there is consideration on both sides and the City would be in a position to legally enforce the contract in the courts. He said Provision 6 states that that if the Country Club does not wish to maintain it, the City has the right to either maintain it and charge them back the cost or get an independent contractor to do it and charge them back. He said if Woodlands Country Club did not pay the bill, the City could sue them, lien their property and foreclose. C/M Katz asked if the City has a structure as to the costs per year to cut and maintain the grass on the medians and Mr. Couzzo said approximately $4,820.00 for manpower, miscellaneous parts of machinery and gasoline. C/M Schumann asked what the cost for the curbing is and Mr. Couzzo said it depends on the type of curbing that would be installed. He said the City could go with a 6 inch extruded curb or an engineer "D" type curb, which is a 6 inch curb on a 12 inch footed curb embedded in the ground with a footer. He said the "D" type curb is approximately five times the cost of the extruded curb. He said the extruded curb would be approximately $10,000.00 and the "D" curb would be approximately $50,000.00. Mayor Abramowitz said it was understood that it would be the extruded curb and Mr. Couzzo agreed that it was the original estimate that was predicated on the installation of an extruded curb. C/M Schumann asked how vulnerable the extruded curb is to traffic and Mr. Couzzo said the Code indicates that a "D" curb is specified. He said his concern would be the liability to the City if a truck hit a curb and broke a part of the curb and a car hit it and an accident occurred. V/M Bender asked if the curbing would shorten the width of the road and Mr. Couzzo said the curbing would be within the boundaries of the road. C/M Schumann said it was stated that the Code requires the "D" curb and Mr. Couzzo agreed; however, Council has the latitude to waive that section of the Code and a provision is available. Mayor Abramowitz said the City of Lauderhill has the equipment to install this curbing. He said in the past the request was made to Lauderhill, if they would be willing to do this at cost and at that time they had agreed to it. He said he spoke with Mayor Lieberman recently and she had indicated that they would be willing to do it at cost. C/M Katz said he does not feel that Lauderhill has the equipment for the "D" type curbing and Mayor Abramowitz agreed. Mayor Abramowitz said he had questioned Bob Foy, retired Director of Engineering and Utilities, who stated that if the curbing was to go on a State or County road, the City would have to use the footer. TAPE 3 Mayor Abramowitz said his concerns were to be sure that Woodlands Country Club would be obligated to do the repairs if necessary. Mr. Meisner said research was done regarding the curbing and according to Mr. Spiro, Director of Public Works in Plantation, the City has had excellent results with the extruded curbing which is used in 45 mile per hour zones on Pine Island Road from State Road 84 to Broward Boulevard and on Broward Boulevard and University Drive to Central Park. Mr. Meisner said Lauderhill has also used it and extruded curbing borders the median on Pine Island Road from Commercial Boulevard to Oakland Park Boulevard and the median on NW 44 Street from University Drive to Inverrary Boulevard. He said this was installed on small stretches of 64 Avenue from Commercial Boulevard south to the end. Mr. Meisner said Tamarac has the extruded curbing bordering the median along Pine Island Road from McNab Road to Commercial Boulevard and possibly bordering other medians in the City. He said the extruded curbing is being used extensively in 45 mile per hour zones. He said Woodlands Boulevard is a 25 mile per hour zone and it is a dead end street with no thru traffic. C/W Glasser asked if the City would be held harmless if there is some damage to the curbing and part of it goes into the street causing an accident. City Attorney Ruf read Paragraph 8 of the proposed agreement. He said the maintenance of the curbing from Paragraph 2 is included. Mayor Abramowitz requested this item be added to the Agenda for the next meeting for a Council decision. He suggested Council gather any questions that may be derived and contact Mr. Meisner for clarification. C/W Glasser suggested this be brought back to Council in August and Mayor Abramowitz said this project has been in the process for three and a half years. C/W Glasser said Council has a busy July 10, 1991 meeting and Mayor Abramowitz said he would like a decision made on this and he would not object to a Motion to Table. Mr. Meisner said it would be to the advantage of the community to begin this project as soon as possible. He said the landscape people will have busier schedules during the fall season. Mayor Abramowitz said the City does not work the way private industry does. He said they would have to negotiate the cost to do the job and there will probably be nothing done prior to September. City Manager Kelly said Council has a tight schedule and the Woodlands Country Club has not signed the agreement and Council does not usually sign agreements before the other party executes it. He said he would like to verify the curbing issue with Staff. Mayor Abramowitz said he would like this on the July 10, 1991 Agenda and if all of the facts are not available, the item can be tabled. Mary Lawson, resident of the Woodlands, said it has been made clear that any accidents or incidents that may occur which are connected with the curbing would create possible insurance problems. She said she attends most of the Woodlands Country Club meetings and does not recall a discussion on the possible problems that might arise from the existence of the curbing which might plague future Country Club members. She said she feels it is important that the members be informed of these problems. Mayor Abramowitz expressed his appreciation for the presentation and for those who expressed their opinions. 6. MOTION TO APPROVE Addendum 31 to the engineering agreement with Hazen and Sawyer, P.C., in the amount of $275,766.00 to provide services for the Underground Tank Remedial Program at the former Public Works site. SYNOPSIS OF ACTION: APPROVED Mr. Couzzo said this was reviewed briefly with Council individually. He said Peter Robinson of Hazen and Sawyer is present to answer any questions. He said at present the site is clean and will require monitoring for one year. He said this is to address the finances to cover the remediation until the City receives the reimbursement. Peter Robinson, representative of Hazen and Sawyer, said the net cost to the City will be less than anticipated; however, the reimbursable costs need to be prefinanced by the City until the reimbursement comes back to the City. He said this has been a fast-tracked, tricky project and saved 9 to 12 months of clean-up time on the site and the site will be available now to transfer to the new property owners. Mr. Robinson said samples will be taken every three months for the next year. He said the new tenant has been contacted and will be able to build. He said the monitor wells will stay on site. Mr. Couzzo said this has been coordinated with Mr. Berkowitz' office and with Chevron, who has been briefed throughout the entire process. He said it is a common practice to have on-site wells in an area that will not conflict with their construction. He said if there was to be additional work to be done in the near future, the work could be done through these wells. C/M Katz asked what type of wells are being referred to and Mr. Couzzo said they are monitoring wells. He said the only site on this four corner intersection that is not doing this is the vacant corner on the southwest. Mayor Abramowitz asked if the City meets the regulatory agency requirements of being clean and Mr. Robinson said all parameters are met except for the one well which is being repumped at present. He said the parameter was acceptable; however, it fell below the appropriate standards. He said the $12,000.00 is reimbursable money to the City. City Manager Kelly asked how it will be handled if this is accepted at present and the City stops pumping, the sign-off for clearance is received, Mr. Berkowitz is sent notification, who moves ahead with Chevron and in three months another test is taken and the City exceeds the parameter. Mr. Robinson said if the monitoring well showed a higher level, it would be retested for confirmation. He said horizontal pipes will be left underground with access; therefore, if it was necessary for more cleanup, there would be no digging. City Manager Kelly asked how much it would be if in three months more cleanup is necessary and Mr. Robinson said it would be approximately $30,000.00 or $40,000.00. Mayor Abramowitz asked if the Engineer has the responsibility. He asked what representations were made to the City in regard to timeframe and assurances when the contract was given to Hazen and Sawyer. Mr. Robinson said there is no guarantee. He said Hazen and Sawyer will make every reasonable effort to successfully complete this. Mayor Abramowitz said the last test showed an acceptable level and Mr. Robinson agreed. He said he felt the test results were too close and he felt a repumping was necessary which was to the City's best interest. Mr. Couzzo said his comments that it was clean were based on the information he had from the previous test; however, when doing another test, the site exceeded the satisfactory levels by a small amount. V/M Bender said there are gas stations everywhere. He asked if it is possible for other underground leaks to appear on this site from other locations. He asked how it can be deciphered whether it is the City's contamination or that of someone else. Mr. Robinson said as part of the study, monitor wells were installed and an area of contamination was defined which was contained on the City site in an area of approximately 90 feet by 40 feet. He said the pump is in the middle of this area. He said the pumping being done is not enough to draw contamination from other sites due to contamination moving approximately 3 or 4 feet per year. V/M Bender asked if a chemical analysis is done when contamination is found to be sure that the contamination is the same type and Mr. Robinson said there is a gas station across the street which makes similar contamination. Mayor Abramowitz said he is opposed to giving Mr. Berkowitz any more money. He asked when this will be finished and if there is anything the City can do to be sure to turn the property over to the buyer. Mr. Robinson said the project is basically on schedule as promised. He said everything that can be done is being done on-site in the City's best interest. City Manager Kelly said the City should be off-site by Tuesday of next week and the results will be received. Mr. Robinson said this final 1% is very frustrating. City Manager Kelly said he will prepare a report to Mr. Berkowitz advising him that the site is cleaned up. C/M Katz asked if the horizontal pipes being left underground for future testing will be in the way of construction and Mr. Robinson said building can be done above these pipes. V/M Bender said the City is having some problems of hesitation on Mr. Berkowitz' part at present. He said he feels the City should be very firm and suggested the City use the acceptable report which should be enough to satisfy the contract with Mr. Berkowitz. He said he feels Mr. Berkowitz wants a 45 day notice which includes another payment from the City and City Manager Kelly said that is in accordance with the contract. Mayor Abramowitz said the option to the City is to not make the payment. He said he feels that if Mr. Berkowitz disregards his contractual obligations to the City, he asked why the City could not deal directly with Chevron. City Manager Kelly said the City has a contract with Mr. Berkowitz and the City has a legal obligation to make payment until the City can claim that the site is clean and an ONRP report proves that it meets that criteria and it is satisfied. He said Mr. Berkowitz is stretching this to the maximum and Council needs to give direction not to make the payment due him at present. Mary Blasi, Finance Director, said the City appropriated $78,000.00 for the initial remedial action and the tank removal. She said the City was provided with a figure of $150,000.00 by Hazen and Sawyer that the City placed in escrow to set aside for this cleanup. She said the current report by Hazen and Sawyer shows that the City will need an additional $125,848.00 to complete this project. Ms. Blasi said the City has been told that the City is eligible to receive approximately $253,000.00 in reimbursable grant funds by the State for the total project. She said these funds will not be given to the City until the project is complete and the appropriate paperwork is filled out. She requested Council approve this to allow Staff to use the City funds of $125,000.00 until the money is reimbursed. Mr. Couzzo said before this project began, the City applied for an Early Detection Incentive indication by the State, allowing the City to be reimbursed. He said the City chose to opt for reimbursement after the remediation expenses were used. He said the original incurred cost was estimated at approximately $150,000.00 out of pocket expenses. He said it is anticipated to receive approximately $265,000.00 in reimbursement funds and the actual out-of-pocket funds should only be $103,000.00. He said the City is submitting for reimbursement for the engineers at present. C/M Katz asked if the engineers are presently funding $100,000.00 and asked why the City could not have them hold the $100,000.00 in abeyance and at the time the City recoups the money, it will be reimbursed. Mr. Robinson said he feels the project moved fast and Hazen and Sawyer paid the subcontractors for the work and the money is needed. C/W Glasser MOVED to APPROVE Item 6, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE C/W Glasser said there is a problem within in the City with the Fort Lauderdale News/Sun Sentinel placing their newstands in the City rights-of-way. She said she feels the City should have a say as to where these are placed for safety reasons. She requested that City Attorney Ruf research this. Mayor Abramowitz said there was a court proceeding regarding this where the newspapers claimed it was the "Freedom of the Press" and they lost that case. He said they place these newstands in unsafe and bad areas. C/W Glasser said she has no problem with where they are placed as long as they do not interfere with the safety and welfare of the people in the City. Mayor Abramowitz said he would like City Attorney Ruf to research this. EXPRESSION OF INTEREST: ALL AGREED C/M Katz said he had discussed with City Attorney Carsky about Code Enforcement. He said the City can implement the alternatives that are in the State Statutes Chapter 162 which he feels that Council should follow when there is a clear violation of City Codes. Mayor Abramowitz said he feels Council should be able to control the City Laws. C/M Katz said a Code Inspector going out, does not have to use Article 1 of the State Statutes which created the Code Enforcement Board. He said the City passed an alternative which is that if they cite them, the citation process automatically brings it to County Court and not to the Code Enforcement Board. He said if the Code Inspector continues to issue courtesy notices, there is a maximum of 30 days; however, the citation can read three days. Mayor Abramowitz said he understood that Council had agreed to change the 30 days to 15 and C/M Katz disagreed. C/M Katz said Council is unable to do that because the State Statutes stipulate up to 30 days which was the normal procedure being used by issuing the courtesy notices. He said the City has a citation process which was approved in April, 1991, which allows for the alternative method of Code Enforcement in the State Statutes Chapter 162. He said the City has not yet used it. He said the City has printed these citations and if these citations are issued, it is not answered to the Code Enforcement Board but by the County Court. TAPE 4 C/M Katz said he has suggested to City Attorney Carsky that she should elect to have the City's Code Enforcement Inspector go back and use the alternative citation process and it will go to County Court. Mayor Abramowitz asked if there is anything Council can do about the Code Enforcement Board writing their own laws. City Attorney Ruf said Council can opt to not have a Code Enforcement Board. He said there are many cities that do not have Code Enforcement Boards and the cases go directly to County Court. He said there will be an occasional argument with the Judge by the City Council as with the Code Enforcement Board. Mayor Abramowitz asked what procedures must be followed to not have a Code Enforcement Board and City Attorney Ruf said he feels City Attorney Carsky would be the one to answer that. Mayor Abramowitz asked if the City Attorney has to be present at Court if the citation is issued and it goes directly to Court. City Attorney Ruf said the City Attorney or some other City employee prosecutes the case in Court. Mayor Abramowitz said he feels it is unsatisfactory to allow people to remain on the Code Enforcement Board who do not agree with the Code and dismiss a citation case. C/M Katz said City Attorney Carsky said it would have to go to Referendum in order to eliminate the Code Enforcement Board due to it being part of the Charter and City Attorney Ruf agreed, if City Attorney Carsky had stated that. City Manager Kelly said he would like direction from Council regarding the July payment to Mr. Berkowitz to which the City has an obligation. City Attorney Ruf said there are other contractual obligations such as the purchase of the additional land. He said he does not feel Council wants to put the contract into technical default. He said he feels this requires a workshop meeting for thorough discussion. Mayor Abramowitz said he would like to hold this item in abeyance for the upcoming special meeting. He said he feels Council should not allow the payment at this time. EXPRESSION OF INTEREST: ALL AGREED PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this 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. There were no Public Participants at this time. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:55 a.m. NORMAN ABRAMOWITZ MAYOR CAROL A. 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