HomeMy WebLinkAbout1981-12-02 - City Commission Workshop Meeting MinutesL
5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
November 23, 1981
N 0 T I C E
WORKSHOP MEETING
CITY COUNCIL
Please be advised that the City Council will hold a Workshop
Meeting on Wednesday, December 2, 1981 at 2:30 P.M. in the
West Conference Room at City Hall, 5811 N. W. 88th Avenue,
Tamarac, Florida.
The purpose of this Meeting is to discuss Temporary Ordinance
728 concerning burglar alarms.
The City Council may discuss such other items as may come
before it.
The public is invited to attend.
"Jursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368:
If a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, he will need a record the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based.
Carol A. Evans, Asst. City Clerk
/lc
11/23/81
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P. 0. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COU11CIL
REGULAR MEETING AGENDA
MONDAY, NOVEMBER 30, 1981
(RECESSED FRO17 WEDNESDAY, NOVEMBER 25, 1981)
It has been determined that, due to the holidays, the
Regular City Council Meeting to be held on Wednesday, November 25,
1981, will be opened at 9:30 a.m. and immediately recessed to 9:30
a.m., November 30, 1981.
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIPZE ALLOCATIONS - MOTIONS TO TABLE The Chair at
this time will announce those items which have been given a specifi
time to be heard, and will entertain motions from Council members t
table those items which require additional research. Council may
agendize by majority consent matters of an urgent nature which have
come to Council's attention after publication.
TA11ARAC UTILITIES WEST
11/30
Pgs. 2-3
1. Remote Water Storage Tank - Tract 27 - Discussion and Possible Accepted w/
Action on preparation of^the necessary plans and specifications conditions.
for construction of this tank.
g. 3 12/9
2. Recreational Facilities - Tract 27 - Discussion and Possible Tabled unti
Action on preparation of a survey and sketch of this property, next regula
along with topographical and soil analyses. meeting
is0OR Atow.401141eRMA\ NI101VA IA1*14110
Pg. 1
3. Employee of the Month - Presentation of awards by the City Tabled
Manager to the "Employee of the Month" for the month of October,
1981.
Pg. 2 11/30
4. Employee Service Awards - Presentation by the City Manager of a Presentatio
ten-year pin to Sgt. Michael Janiec of the Police Department, an were made
a five-year pin to Joseph Morrow of the Public Works Department. Pg. 2 11/30
/
5. Deborah Hospital Foundation - Presentation by Mayor Falck of a Presentatio
proclamation to the Sands Point Chapter designating the period was made.
of December 7--12, 1981, as "Deborah Hospital Foundation Week".
BOARDS AND COPUIITTEES
6. Welcoming Committee - Discussion and Possible Action on: Pgs' 3-4
a Re-establishing this committee by Temp. Ord. #939,First Tabled
Reading
b) Announcement of twelve (12) regular terms to expire 12/10/81.
L
PAGE TWO
Pg6. 4-5
7. Recreation Board - Discussion and Possible Action to appoint Approved 11/30
a member to this Committee by Te_ mp. Reso. #2093. Jams:. Sh,iles
RESO.8' -258
8. CONSENT AGENDA
a) Minutes of 9/23/81 - Regular Meeting - Approval recommend d 11/30
by City Clerk. Pgs. 2-5-6
APPROVED Items
b) Minutes of 10/14/81 - Regular Meeting - Approval recom a) through j),
mended by City Clerk. TABLED k) and
TABLED 1) unti
c) Minutes of 10/20/81 - Reconvened Regular Meeting - Approv next meeting.
al recommended by City Clerk.
d) Minutes of 11/7/81 - Emergency Special Meeting - Approval
recommended by City Clerk.
e) Alan F. Ruf - Consulting City Attorney - 10/20/81 -
$760.00 and $60.00 -- Total. $820.00 - Approval recommended
by City Attorney
f) Richard S. Rubin - Consulting City Planner - 11/l/81,
$757.50 for September, 1981, and $2,100.00 for October,
1981, total $2,857.50 - Approval recommended by City
Manager.
g) Mitchell Ceasar - Grants Consultant - 11/10/31 - $1,250.0
monthly retainer and $2.02 telephone expense, total
$1,252.02 -- Approval recommended by City Manager.
h) Muller, Mintz, Kornreich, Caldwell & Casey, P.A.--Special
Legal Counsel - 11/5/81 - $65.00 - Approval recommended
by City Attorney
i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
11/6/81 -- $70.00 - Account 1--155-515-310 - Approval
recommended by City Engineer.
j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer-
11/11/81 - $795.68 - Account 423-371-536-462 - Approval
recommended by City Engineer
k) Acknowledgement of donation of $250.00 from the Summit
Bank for the Welcoming Committee activities.
1) Authorization to refund Occupational License fees for:
1) Berliner and Company, CPA - $140.00 paid for Profess-
ional Association license
2) Steven A. Botwinick - $50.00 - No longer in business.
3) Jackson TZinit Markets -- $60.00 - Reduced inventory.
4) South Florida Rax, Inc. - $70.00 - No longer in busine s
5) Terminal Fabrics, Inc. - $100.00 - Reduced inventory
6) I.C. Sales, Inc. - $140.00 - Overpayment
GENERAL ADMINISTRATIVE/FINANCIAL Pg. 6 11/30
9. Bid Award - Public Works Department - Temp. Reso. #2062 Dis- Bid Rejected.
cussion and Possible Action to award a bid for lawn mainten-
ance within the City (tabled from 11/12/81) Pg. 8 11/30
RESO-81-259
10. Bid Award - Personnel/Insurance Department - Temp.R_eso.#2088 APPROVED for
Discussion and Possible Action to award a bid for boiler and $5,733 w/addit
machinery insurance. tional languag
by C/Att .
11. Army Corps of Engineers - Temp. Reso. 2aq�' -- Discussion and TABLED at City
Possible Action to approve an agreement with the Army Resery Mgr's request.
for earth moving and related work in the City (tabled from Pgs. 6 - 9
11/12/81).
L J
F I
PAGE
12. McNab Road - Status report concerning beautification and
illumination. Discussion and Possible Action.
PUBLIC HEARINGS - 2 P.M.
13. Charter Amendment - Temp. Ord. ##934 - Discussion and Possibl
Action to amend Section 7.11 of the City Charter by modifyin
requirements for public bidding, as proposed by the Charter
Board. Second Reading.
14. Charter Amendment - Temp. Ord. #936 -- Discussion and Possibl
Action to amend Sections 6.02 and 3.01 of the City Charter b
modifying requirements for the qualification and election of
Charter Board members and the filling of vacancies and by
providing a method of filling of extraordinary vacancies, as
proposed by the Charter Board. First Reading.
15. Water and Sewer Rates - Tamarac Utilities West - Temp.Reso.
#2097 — Discussion and Possible Action to establish and modi
the rates and charges applicable to the City Utility serving
customers west of State Road 7 pertaining to Homeowner Assoc
iation Recreation Facilities.
16. Parking Lot Lighting Standards - Temp. Ord. #860 -- Discussi
and Possible Action to amend Sections 18 and 28 of the Code
by modifying requirements for shading, screening and aiming
of such lights. Second Reading.
17. Master Land Use Plan - Temp. Ord. #927_ - Discussion and
Possible Action to amend Code Section 2--1 relating to adopti
of the Land Use Plan. Second Reading.
18. Woodmont Plaza - Petition #21-Z-81 - Discussion and Possible
Action to grant a limited waiver to parking requirements of
Section 18 of the City Code for a shopping center located at
the northeast corner of t1W 80 Avenue and McNab Rd.,Tamarac,
by Temp. Reso. #2099.
19. Tamway/Graystone Corp.- Rezoning Petition #23-Z-81 - Discus
sion and Possible Action to rezone the recreation parcel at
Fairways III located at the southeast corner of Lagos de
Campo Boulevard and NW 84 Terr., from R-4A to S-1, by Temp.
Ord. #940. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Post
ing and Affidavit of Plailing
b) Consideration of Application.
20. H.L.R.,Inc. -- Rezoning Petition #47-Z-80 - Discussion and
Possible Action to rezone lands located south of McNab Road
at 14W 70 Avenue from R-lB to RM-10, by Tem . Ord. #834.
Second Reading. (tabled from 10/28/81)
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of Application.
21. H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and
Possible Action to rezone lands located south of McNab Road
at NW 70 Avenue from R--1B to R21-10. by Temp. Ord. #835.
Second Reading. (tabled from 10/28/81).�
a) Acceptance of Affidavit of Publication and Affidavit of
Posting
b) Consideration of Application.
HREE
Pg. 7 11/30
Tabled for
/W Massaro's
eport.
11/30
Pg. 30
PPROVED w/
amendments.
11/30
Pgs. 30 - 31
APPROVED as
amended.
15,16,17,18,19,
20,21,22,23,24,
& 25. 11/30
TABLED unti
y no later
than 2nd
meeting in
December.
-Zj.
ADOPTED as
Amended.
ORD. 81-28 11/3(
Pg. 25 11/30
ORD. 81-67
APPROVED as
n Amending
Code Sec.2-
1
Pgs.25-26-27
APPROVED w/
conditions.
RES0.81-260
Pg. 27
a) Accepted
affidavits
of publica-
tion, post.inc
and mailing
b)APPROVED
w/condition
Pgs. 28-29 11/3C
a ) Af f idavit-
of publica-
tion,postin,
and mailing
accepted.
b) Tabled
until first
meeting in
January
a)accepted
affidavits,
b) tabled tc
first meetii
in January.
Pg. 29 11/30
M
PAGE
22. Shell Oil Company - Land Use Amendment - Petition #1-RU-81
Temp. Ord. #930 - Discussion and Possible Action on a request
to amend the Land Use Element of the Tamarac Comprehensive
Plan, in order to increase the density from 100 units to a
maximum of 200 units, by transferring 100 existing reserve
units allocated to Flexibility Zone 60 and changing the land
use from Low Density (0-5 dwelling units per acre)Residentia_
The subject lands are described as Parcel A of Mainlands 15,
and are bounded on the east by the eastern boundary of the
City, on the west and south by Vanguard Village Section 15.
North property line lies approximately 270 feet south of
McNab Road. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Posting, and Affidavit of flailing.
b) Consideration of Application.
LEGAL AFFAIRS
23. Bonding Requirements - Tem Ord. #811 - Discussion and Pos-
sible Action to amend Code Chapter 24 by requiring public
improvement bonds and warranty bonds cover off --site improve-
ments only in the public right-of-way. Second Reading.
(Public Dearing held 10/22/80).
24. Notice of Board of Adjustment Actions - Temp. Ord. #909-Dis-
cussion and Possible Action to amend Section 28--17 of the
Code by modifying the information required for such notice.
First Reading. (tabled from 11/12/81).
25. Zoning Regulations - Temp. Ord. #913 - Discussion and Possib
Action to amend Sections 28-57(a) and 28-58(c)(3) of the Cod
by removing references to three-story buildings in R-3 Low
Density Multiple Dwelling Districts pertaining to street yar
setbacks and distances between buildings. First Reading.
26. Construction of Dumpsters - Temp. Ord. #921 - Discussion and
Possible Action to amend Section 7-30(8--10) of the Code to
require that dumpsters within multi -family developments be
constructed with mechanically activated gates. Second Readin
(tabled from 11/12/81).
27. Water and Sewer Billings - Tem Ord. #937 - Discussion and
Possible Action to amend Section 27-19 of the Code by modify
ing the time periods for mailing of late notices and for
disconnection from the City System.First Reading.
28. feaster Land Use Plan - Discussion and Possible Action on
rezonings to comply with the Land Use Plan (tabled from
11/12/31).
COMMUNITY DEVELOPPIENT
29. Bruce Egan - Rezonina Petition #3A--Z--81 -- Discussion and Pas
sible Action to rezone lands on the east side of University
Dr. extending southward from 1411 64 St. to St. PZalachy Church
property from R-3 to B-2 by 'Kemp. Ord. 1006. First Reading.
(tabled from 9/9/81).
30. Bruce Egan - Rezoning Petition#3B-Z-81 - Discussion and Pos-
sible Action to rezone lands on the east side of University
Dr. extending southward from ITW 64 St. to St. Malachy Church
property from R-3 to RD-7 by Temp. Ord. 4905. First Reading.
(tabled from 9/9/81)
'OUR
Pgs. 29-30
P.H. on this
will be contd
to Dec.9
meeting.11/30
Pg. 1 11/30
Tabled in-
definitely
until C/Engr
& C/bit Massar
can meet.
Pg. 7 11/30
APPROVED w/
changes.
Pg.
AP7 11/30
PROVED w/
amendments.
Pg. 1 11/30
TABLED
Pg. 8 11/30
APPROVED.
TABLED.
X. 8 11Y
p14 11/30
?iBLED to
January 13
meeting.
pg. 14 11/30
TABLED to
January 13
meeting.
31.
32. Tamarac Post Office - Revised Site Plan - Status Report by Ci
Planner, and Discussion and Possible Action on a Revised Site
Plan for the parking lot. (tabled from 10/28/81).
33. Mainlands Center -(northeast corner of University Dr. and NW
58 St.) - Revised Site Plan - Discussion and Possible Action
on a Revised Site Plan for a ground sign.
34. Tamarac Plaza - (61666 14W 57 Street) - Revised Site Plan -Dis-
cussion and Possible Action on a Revised Site Plan for dumpst
and extra parking places.
PAGE FIVE
Richway De artment Stores - Discussion and Possible Action on:
a) Acceptance of a utility easement from Martin Zuckerman and
Celia Resnick by Temp. Reso. #2075.
b) Request to vacate NW 83 Street road right--of-way, extendin
west of University Dr. and north of University Amoco Service
Station, by Temp. Ord. 14928. Second Reading. (Public heari g
held 10/28/81).
Pg. 9 11/30
-ACCEPTED
report and
letter.
Pg. 1 11/30
REMOVED
from agenda
TABLED unti
Dec.9 meet-
ing.
Pg. 2 11/30
js . 9-10-31-32-
APPROVED w/
changes
P s. 10-11
35.
Tamarac Town Square --(southwest corner of Southgate Boulevard
APPROVED
and NW'88 Ave.) - Revised Site Plan - Discussion and Possible
w/condition
Action on a Revised Site Plan for a continuous third traffic
11/30
lane on PTW 88 Ave. in conformance with Broward County require-
Pg. 34 11/30
ments.
36.
McNab Plaza North (north of Family Mart on University Dr.)
Discussion and Possible Action on a Revised Site Plan for new
APPROVED
w/condition
deceleration lanes and a request for elimination of automatic
fire sprinkler systems in buildings.
Pg. 34 11/30
37.
Lake Colon /Brookwood Gardens (McNab Road east of Family Mart)
APPROVED w/
Model Sales Facility - Discussion and Possible Action to permi
conditions.
a model sales facility for this project.
11/30
38.
Lakewood (Woodmont Tract 47) - Model Sales Facility - Discussion
Pgs•33-34
and Possible Action to permit a model sales facility for this
APPROVED w/
project.
conditions.
g� 12 11/30
39. Concord Village - Model Sales Facility - Discussion and Possible
Action to renew a model sales permit for this project.
TABLED to
Dec.9 meeti
40.
Woodmont Plaza (northeast corner of NW 80 Ave. and McNab Rd.)
TABLED w/
Discussion and Possible Action on an amendment to the Water
and Sewer Developers Agreement for this project. 3l/
fee to be
paid Pg.33-34
41.
Burnham Lea (F�eftler Homes) - WarrantY_Bond Release-Tem .Reso.
12
PAPPROVE6/30
#2100 - Discussion and Possible Action on request for release
of this bond posted by Heftler Homes for public improvements. IZESO.81-2611b301//
bond releas
APPRO�E
42. Versailles Gardens (formerly Colony Club) -Discussion and
Possible Action to grant approval to erect an announcement
sign at each of the two clubhouses under Section 21--5 of the
City Code.
1 3pp
i-g/ 12
43.
Drainage Improvements in the City - Discussion and Possible
Action.
Awaiting
reports fro,
C/Engr's
REPORTS
office
Pg. 13 11/30
44. City Council
45.
City Manager
Pg. 14 11/30
46.
City Attorney
Pg. 14 11/30
L
W
PAGE SIX
Council may consider such other business as may come before it.
Pursuant to Chapter 80-105 of Florida Law, Senate Bill Jdo. 368:
If a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings, and for such
purpose he may need to ensure that a verbatim record of the pro-
ceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
CITY OF TAr4ARAC
CAROL A.EVANS
ASSISTA14T CITY CLERK
For informational purposes, following are the residential, and
commercial zoning districts in the City:
R-1
R-1B
R-2
RD-7
R- 3
R-3U
RP I-10
R-4A
47.
- Single Family Residence
& R-IC - One -Family Dwelling
- Two -Family Dwelling
Two -Family Dwelling
-- Low Density multiple Dwelling
Row House
-- Planned Apartment
- Planned Apartment
- Neighborhood Business Center
- Planned Community Business
- General Business
- Business District
- Business District
CALL TO ORDER:
ROLL CALL:
CITY OF TAMARAC, FLORIDA
CITY COUNCIL WORKSHOP MEETING
December 2, 1981
DISCUSSION OF BURGLAR ALARMS
Vice Mayor Disraelly called the meeting to order at
2:30 P.M., Wednesday, December 2, 1981, in the West
Conference Room at City Hall.
PRESENT: Vice-flayor Irving 11. Disraelly
Councilwoman Helen Massaro
Councilman Irving Zemel
ABSENT:
ALSO PRESENT:
Mayor Walter Falck
Councilman Philip Kravitz
City Manager,L. Stuurmans
City Attorney,A. Birken
Vice Mayor Disraelly read the official notice of the workshop meeting
which was called for the purpose of discussing the proposed Burglar
Alarm Ordinance. The Vice Mayor then had the members of the Burglar
Alarm Committee identify themselves. They are: Alan Bernstein,
Irving Haymes, Chief McIntosh, Helen Massaro, Arthur Birken, Laura
Stuurmans and Oscar Tucker.
Arthur Birken stated there are two (2) proposed versions of Temp.Ord.
#728. The ordinance in both versions address some deficiencies in
the existing co -sections and there are about four (4) differences
between the two (2) versions. He said there is no change in the
policies concerning false alarms in either draft of the ordinance
and there is no basic requirement that every user have a permit. The
basic disagreement, he felt, between the two (2) drafts is the licensing
portion and the City now has language in the Code book that is similar
to that which is in the long version of the ordinance. To the best
of his knowledge it has not been implemented and believes that it could
be addressed in the manner that will be more efficient in terms of words
which will hopefully lead to better results. That is, merely to have
under the persons that have to be licensed, a requirement that people
involved in the burglar alarm installation be licensed. Other open
questions have to do with hook ups, receiving boards and how that is
to be handled, Mr. Birken said. The only other concern is permission
for people representing the City to go into homes if there were repeated
violations.
Mr. Alan Bernstein pointed out the major single discrepancy occurs on
page 20, line 21 of the short version, the word "shall" be changed to
"may". Mr. Birken commented that this was done in the long version.
C W Massaro said a majority of the Committee decided that "may" is
the better word because it has not been determined and there is
nothing to preclude the City from charging an administrative fee
if they see fit. Up till now she has not been able to get a cost
from the City Manager only because it hasn't been pursued that strongly.
The feeling was there may be an additional charge needed or may not be.
The word "may", she said, gives you that leverage and doesn't necessarily
make it be compulsory that something be charged if it doesn't require it.
Vice Mayor Disraelly suggested Council start discussing the licensing
of applications by alarm businesses first since that is the major
difference between the two (2) versions. Mr. Haymes recommended
having some sort of consumer protection on the person who comes to
provide security.
Chief McIntosh stated that the licensing is already covered by
Broward County and would only be repetitious and felt that the licensing
and building people would be more qualified, if the City has to be
involved. He further stated that as far as profile is concerned
a Police Identification Card, finger -printing, photographs and background
are currently being done.
-1- 12/2/81
cb/
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Arthur Birken
the 10 pages
Registration
read Section
indicated the question is whether Council include
with the detail or whether to add Section 14-39,
of Certain Personnel and, therefore, proceeded to
14-39.
Mr. Tucker said he will be submitting a list to Council of the
difficulties that are inherent in that provision. lie said the
provisions that are Sections 2,3, 4 and 5 have been in the code
a long time. There are certain provisions that would be helpful
to the community to protect itself for the very sensitive area
of police protection and security. Mr. Tucker stated that years
ago the City adopted a provision to protect the community from
defects in construction of residences whereby a Certificate of
Occupancy was not issued until insurance in the sum of $1500 was
deposited. It would seem to him, he said, that if the City goes
that far to protect the consumer with respect to construction of
his home, the City is not without means to protect the consumer
insofar as the security of his home is concerned. He recommended
in his memo of 11/24/81 to Council that the City should not remove
that protection that it already has for its citizens.
Mr. Alan Bernstein said there are basically two (2) reasons for
incorporating these clauses in the longer version. The first
is criminal which he thought had been covered pretty well by the
instances cited in the memo sent by Mr. Haymes to C/W Massaro dated
12/l/81. There is no question but that access to the kind of infor-
mation that comes from installing an alarm system had proven useful
to criminals in perpetrating burglaries. The section of the code
that was referred to by Mr. Birken is in his opinion not being
enforced and know- the difficulties of getting, for example, the
various types of employees fingerprinted. It may be in the mechanics
of operating and is not an insoluble problem and this section of the
ordinance could be modified to take care of the limited problem He said the
other and much more important problem has to do with the minimizing
of false alarms. This section of the code gives no protection to
the citizens and the City against the effects of shoddy workmanship.
He said he wanted to see in the ordinance some means of controlling
this shoddy workmanship and that is not addressed at all in any revisions.
Vice Mayor Disraelly questioned the verbiage of the application form
in the ordinance. Mr. Alan Bernstein said everyone agreed that the
application form should not be an integral part of the ordinance.
Mr. Birken said there is a question of law enforcement. The ordinance
has all these requirements but does the -City really need them from a police
standpoint and asked. the Chief if there has ever been any indictments
or convictions that he was aware of. He said___.. -there were none.
Mr. Haymes asked Mr. Birken has anyone looked to find out if there
has been any indictments, in which Mr. Birken replied, the Chief has
been in the business a number of. years. Mr. Birken asked Mr. Haymes
if he had brought any indictments to the City's attention. Mr. Haymes
said he thought it was not necessary for him to make a record of all
the things that he read and just documented instances of things that
happened in the Woodlands. Mr. Birken said there is nothing wrong
legally in keeping sections 2, 3, 4 and 5, if that is the desire of the
Council.
C/W Massaro asked about the incident in Woodlands where one of the
burglars was shot and was one of the installers. Mr. Haymes explained
the burglars were employed by a man in the burglar alarm business and
was covered in his memo of 12/1/81. C/W Massaro commented that Plantation
is using Tamarac's ordinance and talking about licensing all the installers
and users and would be going into the long form. She said she would be
attending their meeting.
Chief McIntosh stated there is a big conglomeration of things that has
not and cannot be enforced by the Police Department. Specifically,
page 5, line 16 which reads " Any installation or servicing of a burglar
alarm system shall be performed by or under the direct supervision of a
licensed installer and/or serviceman". He asked how can the Police
Dept. see that that is, in fact, done in every case and do we have the
people to go out there and stand over them and are we qualified. He
said the Police Department was not qualified and if this is necessary
-2-
12/2/81
cb/
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it belongs in another section of the City ordinance, not in the
alarm ordinance.
Mr. Alan Bernstein indicated that if an electrician is working on a
building job, he is required to have a license and required to be
under the supervision of a licensed master electrician. He
may be a journeyman working on the job and all _
that is necessary to determine at that point is not is the man com-
petent but is there somebody there who has a license. Mr. Bernstein
stated that it was possible to condense pages 4,5,6 and 7 and every
clause has been checked over by the technical people on the Committee
and feel as written it will serve the purpose and is correct pretty
much the way it is written..
V/M Disraelly referred to the same paragraph Chief McIntosh previously
brought up concerning six (6) conditions the installer or serviceman
are required to have. He inquired whether there will be someone to
check to see if this person has satisfied these c.onditions..or will this
be maintained in a separate file in the department.
Mr. Bernstein explained the serviceman makes an appli-
cation for a license and sworn statements and if there is any reason to
doubt the accuracy of those statements on the part of the person issuing
the license, it will be followed up and investigated in detail.
Vice Mayor Disraelly questioned if the Building Department checks to
see if there is a license when an inspection takes place. Arthur Birken
said he believes the contractor or serviceman has to put the license
on the application of the permit. Vice Mayor Disraelly brought up the
amount of insurance which he indicated was reduced from $1,000,000 to
$500,000 and which the Mayor and insurance man was in agreement.
Mr. Alan Berstein started discussion on Section 14, Board. He said
the short version indicated malfunctions to the board and telephone
lines and the long version indicated malfunctions to the board, which
he felt is the correct one. He said how can you reasonably hold the
alarm company responsible for what Southern Bell does; you can hold
Southern Bell but hardly hold the alarm company. He went on to technically
explain how the alarm functions.
Arthur Birken said he would like the coverage to say if the boards are
going to be in the City that the coverage be as broad as possible andif
the lines are part of the system whether they are the responsibility
of the owner of the board or of the telephone company and they are not
the responsibility of the City. He said the long version was written
to incorporate Mr. Bernstein's suggestions.
C/M Zemel asked Arthur Birken if when a person who comes in with an
alarm to the Tamarac station are they required to execute a hold
harmless agreement. Mr. Birken replied that these agreements have
very little legal effect and have limited benefits. The insurance
is the best protection and that be made as broad as possible.
Vice Mayor Disraelly inquired as to incoming calls and how and when
the City responds to them. Chief McIntosh clarified this for everyone
and said the call flashes on the board first and then the Police Dept.
calls 911. Vice Mayor Disraelly asked if there could be a difference
in liability if it is on our board first versus a central board.
Mr. Bernstein replied he failed to see how unless it can be shown
that the City was responsible in someway for negligent action. Arthur
Birken said if the City was negligent in giving wrong information to
911 or the.,City records improperly kept, there is a possibility.
Vice Mayor Disraelly asked Mr. Haymes being in the busines would he
have a central. Mr. Haymes replied that he does not have a central
and most installing companies do not have centrals and those that
have do have large sums of insurance. Mr. Haymes said he recently
spoke with the Broward Sheriff's Office and it is true that we have to
call in to 911, but it is at the Chief's option as to whether he
dispatches at the same time.
Vice Mayor Disraelly went over the other differences between the
two (2) versions of the ordinance and the words "shall" and "may"'
were brought up. He recommended the words "shall" and "may" be
cross referenced in either form. Mr. Bernstein stated that if the
word "may" is used it may or may not be incorporated. If the word
"shall" is used there is the presumption that it will be incorporated.
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Mr. Bernstein said the only other difference is Section 14. The
short form talks about how payment is to be made and the long
form doesn't but only on the assumption that if Council finds the
need to uphold such a fee at that time, they would set forth the
manner in which the fee would be paid and collected and felt it
did not belong in the ordinance at that time.
Mr. Oscar Tucker brought up the section "False Alarm" on page 2,
lines 11 -W 16 of the long form. He said that when an alarm has
been sent in error, the person can call up the appropriate authorities
giving them their code number and correcting the alarm and it seemed
to him the ability to make such a correction would reduce substantially
numerous error alarms. He noted that this has been deleted from the
short form and should be in the ordinance. Mr. Birken disagreed with
Mr. Tucker on that point. Vice Mayor Disraelly commented that this
section be relocated and not under "Definitions". Mr. Bernstein
suggested the appropriate place would be Section 11, number 9. Chief
McIntosh suggested, in addition, the word "shall" be changed to "may"
on page 2, line 13. C/W Massaro suggested that this change also apply
to line 15.
C/M Zemel asked Arthur Birken if the Council has the legal right to
establish a Judicial Committee to levy fines and their decisions are
final. Mr. Birken replied that Council did have that authority and
read Section 4.08 of the Charter which verified that.
Mr. Haymes asked Chief McIntosh if the officers leave a notice when
they respond to a false alarm if nobody is at home. Chief McIntosh
said the Police Dept. no longer does because of complaints from the
people who did not want notices left on their home and did not want
anyone broadcast that they are not at home. Now they get a letter.
If these people properly filled out the cards with some person the
Police Dept. can contact when the alarm goes off, there should be no
problem. Mr. Haymes said there is a short coming in how we advise
people that they have had a false alarm. It has come to his attention
that a person had a false alarm and did :not know it took place and
received notification a week later;. by that time they had one or
two more. Mr. Haymes further stated that had this person known about
the first false alarm they would have called their service, had it repaired
and would not be subjected to the $100.00 fine. He felt if a fine is
charged, the people have the right to be notified.
Chief McIntosh suggested that anybody who has an alarm system have a
mail slot in their front door. V/M Disraelly inquired of the City
Attorney,with regard to penalties, if there is any waiver provision
for people to go to a counselor. Mr. Birken replied there was not.
V/M Disraelly referred to page 14 and 15 with regard to disconnections.
Mr. Birken said he was concerned about the police officer or person in
the alarm business entering the premises. C/W Massaro referred to the
alarm user permit application form and felt it should be taken out.
Mr. Tucker suggested that the form be modified and would talk with
Mr. Birken on this. Mr. Alan Bernstein asked Council if they would
like the forms presented to them at the same time as the ordinance,
even though it is not part of it. C/W Massaro said it could be separate
but if they are ready, they can be presented.
Arthur Birken asked Council if they wanted him to redue the ordinance
or wait a week or so for anyone to provide additional input before he
redrafts the ordinance. He stated he would wait until next Wednesday,
December 9, to hear from anybody,otherwise,he will make a draft of what
was discussed today and present it to Council.
Mr_. Alan Bernstein asked about the extent to which certain of these records
can be held confidential as a matter of proper police procedure. He made
specific, reference to the list of alarm users. Mr. Birken said no
records that are required under this ordinance are exempt from the public
records and Florida has the broadest public records form in the United
States. Chief McIntosh stated he did not have such a list. Mr. Birken
said being that the City requires licensing of alarm users and we kept
a list, it would in all likelihood be public record. He explained that
if an alarm company has a -private central office and did not put it on....�.
the board with the City, the City would have the alarm users list only.
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Mr. Birken stated the City did not have an obligation to make new
public records for anybody but does have an obligation to let them
review what you have.
Vice Mayor Disraelly requested that minutes be completed by the
beginning of next week for each member of Council and members of the
Burglar Alarm Committee.
The Meeting was adjourned at 4:10 P.M.
Carol A. Evans
Asst. City Clerk
This public document was promulgated at a cost of $
per copy, to inform the general public and public officers and employees
about recent opinions and consideration by the City Council of the City
of Tamarac.
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