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HomeMy WebLinkAbout1986-01-10 - City Commission Regular Meeting Minutesrq,y � n 'clOR%pP P,O. BOX 25010 TAMARAC, FLORIDA 33320 _FIMT CLAaS,S.....MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING FRIDAY ARY 10 Instead of W@dneaday, Janugry1986 CALL T DER: 9:00 A.M. ANNQUNCEMENTS„ OF TIME ALLOCATIONS - MOTIONS T,Q. TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. P E E TIO 1. Florida Derb F st' 1- Presentation of Mayor Kravitz designating February, 1986, Derby Festival Month". BOARDS AND COMMITTEES a proclamation by 1/10/86 as "Florida pg. 4 proc, made 2. Yeterans_Affairs C m'ttee - Temp. Reso. 13956 - 1/10/86 Discussion and possible action to appoint one (1) member. pg. 4 PPTD 1 member 3. Board of Social Sprvices -- Discussion and possible action 1710186 regarding mileage reimbursement to members (tabled from pg. 3 TABLED 1/2/86). till 1/22 meet. CONSENT AGENDA 4. Items listed under Item #4, Consent Agenda, 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. a) Minutes of 12/19/85 - Special Meeting — Approval recommended by City Clerk. b) Minutes of 12/23/85 - Special Meeting -- Approval recommended by City Clerk. c) Robert B. Dunckel' - Special Counsel to Charter Board - 11/21/85 - $1,146.00 -- Approval recommended by Charter Board. d) Williams, Hatfield & Stoner, Inc. - Consulting Engi- neer - Invoice 1724-01, Statement 3 - 11/22/85 - $29,610.18 - Sanitary Sewer Rehabilitation (Project 84-4) - Approval recommended by City Engineer/Utili- ties Director. L/10/86 pg. 6 APPROVED Items 3) through 0) ITEM A) REMOVED ind TABLED to -he 1/22 meeting, PAGE 1 1/10/86 e) CH2M Hill - Consulting Engineer - Invoice 11-468 - 11/15/85 - $326.04 - Broward County Environmental Quality Control Board Variance Extension on Deep Well (Project 84-2) - Approval recommended by City Engi- neer/Utilities Director. f) CH2M Hill - Consulting Engineer - Invoice 11--466 - 11/15/85 - $725.03 - TUW Bond Feasibility Study (Project 84-1c) -- Approval recommended by City Engi- neer/Utilities Director. g) James M. Montgomery, Consulting Engineers, Inc. - Invoice 57809 - 11/7/85 - $2,610.00 - Expansion and rehabilitation of Water Treatment Plant (Project 84-20) - Approval recommended by City Engineer/ Utilities Director. h) James M. Montgomery, Consulting Engineers, Inc. - Invoice 58000 - 11/14/85 - $716.13 - Aerated Flow Equalization Tank - Approval recommended by City Engineer/Utilities Director. i) James M. Montgomery, Consulting Engineers, Inc. - Invoice 53638 (revised) - 12/16/85 - $102.17 - Pro- posed Water Fluoridation (Project 85-10) - Approval recommended by City Engineer/Utilities Director. j) Florida Testing & Engineering Co. - Invoice 43164 -- 11/30/85 - $264.00 - Sanitary Sewer Rehabilitation (Project 84-4) - Approval recommended by City Engi- neer/Utilities Director. k) Justice Reporting Service, Inc. - Invoice 10756 - 12/19/85 - $45.00 - EMS Review Committee Hearing - Approval recommended by City Attorney. 1) J.H. Pilchick & Associates, Inc. - Invoice D851577 - 11/19/85 -- $136.00 - Hidden Hollow Phases I and II Approval recommended by City Attorney. m) Superior Reporting, Inc. - Invoice 28242 -- 12/6/85 - $189.25 -- Broward County Environmental Quality Control Board hearing - Approval recommended by City Attorney. n) Bermuda Club Entertainment - Approval to refund the amount of $80.00 paid for a special police detail which was cancelled. o) Occupational Licenses - Temp. Ord. #1218 - Approval to extend the tabling action to a future meeting (Public hearing held 11/13/85) (tabled from 12/6/85) G4NERAL ADMINISTRATIVEZEINANCIAL 5. Cit Code Draina Requirements - Discussion and possible action to authorize Williams, Hatfield & Stoner, Inc., to review and evaluate Article IV of Chapter 24 of the Code concerning drainage (tabled from 1/2/86) 6. if--lnsu anc Fund - Discussion and possible action to establish a reserve fund. 1/10/86 pg. 18 APPROVED 1/10/86 pgs. 4 & 5 APPROVED 11 1 PAGE 2 1/10/86 1 1 7. Browa d Lpslque of Citiep Business - Discussion and possible action. 8. NorthWest Council of--Mavgrs Business - Discussion and possible action. TAMARAC JITILITIES 9. utilities - Temp. Reso 3883 - Discussion and possible action to authorize execution of a contract with Shelton Enterprise;, Inc., to provide notification to the City when utility locations are required (tabled from 1/2/86). 1/10/86 pg. 6, report was Riven 1/10/86 pg.6-- report given 1/10/86 pg.18 APPROVED 10. Utilities East and West P o' cts 84-2 a d 85-4 - Pump 1/10/86 Station Reconstruction - Discussion and possible action to Pgs. 18 & 19 authorize Williams, Hatfield & Stoner, Inc., to prepare APPROVED bid plans and specifications for 6 pump stations in Tamarac East, 6 pump stations in the Woodlands, and Pump Stations 1, 19 and 26 in Tamarac West (tabled from 1/2/86) 11. Utilities West (Project 85-271 - Water T e t ent Plant F'lt b'1'ta 'on -- Discussion and possible action to authorize James M. Montgomery, Consulting Engineers, Inc., to prepare plans and specifications for refurbishing of Water Treatment Plant filters 3 and 4, including filter media replacement. 12. Utilities West (Project 85-7) - Wellfield Protegtign Facilities - Discussion and possible action to authorize going to bid for this work. 13. Utilities West P ct 85-19 - Rehabilitation and Expansion of Wastewater Treatment Plan - Discussion and possible action on: a) Clarification of Hazen and Sawyer Agreement 1) Correction of Council action for Task Order 1.1 (Design for the installation of four transfer pumps) - Authorization not to exceed $5,500.00 instead of $4,500.00. 2) Placement of Task Order 1.1 under Hazen and Sawyer contract raising contract price to $68,100.00 from $62,600.00. 3) Cancellation of purchase order for Task 1.1 in the amount of $4,500.00. b) Authorization to go to bid for this work. PUBLIC HEARING - 2:00 P.M. 1/10/86 pgs. 19 & 20 APPROVED 1/10/86 pg. 20 Auth. given 1/10/86 pgs. 20 & 21 APPVD a) & b) 14. Investments of City Funds - Temp. Ord. #1233 - Discussion 1/10/86 and possible action to amend Chapter 9 of the Code pgs• 25 - 28 concerning allowable investments. Second Reading. TABLED LEGAL AFFAIRS 15. VehicleRepairs - Temp. Ord. #1236 - Discussion and 1/1/0/86 possible action to create Section 15-8 of the Code to pgs. 7,8, &34 prohibit all motor vehicle repairs in residentially zoned TABLED areas. Second Reading. (Public hearing held 1/2/86). PAGE 3 1/10/86 16. Florida_Lottery - Temp. Reso. #3957 - Discussion and possible action endorsing the proposal to allow the resi- dents of Florida to vote upon the issue of whether the Florida Constitution should be amended to allow for State - operated lotteries. 17. Orenstein vs. City -of -Tamarac - Report by City Attorney - Discussion and possible action regarding settlment of this lawsuit. 18. ESM Litigation -- Discussion and possible action on payment of the following Invoices as part of the pubi:ic body group: a) Payment to Peterson & Company in the amount of $7,579.33. b) Payment to Peterson & Company in the amount of $6,008.04. c) Payment to Peterson & Company in the amount of $10,799.61. d) Payment to English, McCaughan & O'Bryan in the amount of $489.82. e) Payment to English, McCaughan & O'Bryan in the amount of $369.90. 99MMU,NITY DEVELOPMENT 19. Tamarac Nursing_genter - Discussion and possible action on: a) Assessment of Land Use Amendment costs b) Landscape Plan (tabled from 1/2/86) 20. _W_o_Qdj4nd Villas - Discussion and possible action on: a) Site Plan -- Temp,, Reso_. #3948 b) Landscape Plan c) water and Sewer Developers Agreement d) Water Retention Agreement e) Blanket Utility Easement - Temp. Reso. #3949, f) Public Safety Ingress/Egress Easement - Temp. Reso. #3950 g) Agreement for funding future traffic and signalization needs (To be located on the west side of Lagos de Campo Boule- vard, south of McNab Road, and north of Sandpebbles Townhouses) (tabled from 1/2/86) 21. 51ge Dolphin Resta,grant Corp. - Special xc t'on - Retition #33-Z-85 - Temp. Reso. #3947 - Discussion and possible action to grant a special exception to permit on - premises consumption of alcoholic beverages at this restaurant in the Sunflower Shopping Plaza, 8104 N. University Drive, which is zoned B-1 (Neighborhood Busi- ness) (Public hearing held 1/2/86). 22. Golf Villas at,,abalPalm - Discussion and possible action on: a) Revised site plan reflecting relocation of dumpsters - Temp. Reso. #3962 b) Substitution of a Letter of Credit for a cash bond posted as a homeowners warranty 23. Midway Plaza - Discussion and possible action and review of traffic pattern shown on the site plan. 1/10/86 pg. 8 APPROVED 1/10/86 pgs. 8 & 9 APPROVED 1/10/86 pgs. 9 & 10 TABLED 1/10/86 pgs. 21 & 22 a) APPROVED w/cond. B) TABLED till/22 1/ 1V/ UV pgs. 22-24 A) & B) appvd w/con C) APPROVED D) , E) , F) APPROVED G) REMOVED from Agenda. 1/10/86 pgs. 3 & 4 TABLED 1/10/86 pgs. 30 & 31 A) APPROVE. B) DENIED 1/10/86 pgs. 28-30 TABLED PAGE 4 1/10/86 24. Tract 24 -- Temp. Reso. #3963 - Discussion and possible 1/10/86 action on request for refund of the following fees and a pgs. 14-16 determination of the status of the site plan: TABLED till a) Water and Sewer Developers Agreement - $172,890.00 1/22/86 b) Drainage Retention Fee - 23,814.00 c) Drainage Improvement Fee - 2,093.00 d) Cash Bond in connection with Platting Waiver - 15,000.00 25. ,jasmine - Discussion and possible action on: 1/10/86 pg-32 a) Model sales permit and waiver of the 300--foot distance APPROVED a) requirement for issuance of certificates of occupancy. & b) b) Grant of Temporary Easement w TgmR, Reso,3 1 26. Eagsidg at Isles of Tamarac - Discussion and possible 1/10/86 action on: pgs. 32 & 33 a) Amendment to the Water and Sewer Developers Agreement TABLED b) Model sales permit and waiver of the 150--foot distance requirement for issuance of certificates of occupancy c) Easement and Option Agreement in connection with the model sales facility - TgMp� _ Reso., 3$34 (tabled from 1/2/86) 27. Arbors s s T marac - Discussion and possible action on: 1/10/86 pgs. 33 & 34 a) Renewal of a model sales permit and waiver of the 150- APPROVED for foot distance requirement for issuance of certificates 6 months from of occupancy (tabled from 12/11/85) 12.13/85 B) b) Substitution of a home warranty bond for a cash bond APPROVED posted as a homeowner warranty 28. Woodmont Tract 48 Waterford at Wood n - Sian 1/10/86 Waivers - Discussion and possible action on renewal of two pgs. 10 & 11 sign waivers for signs on property other than the APPROVED w/ applicant's -- Temp. Reso. #3926 (tabled from 12/11/85) conditions 29. Exgcutive Center - Performance Bond - Temp,_Regg, 1/10/86 #3959 -- Discussion and possible action to call a perform- pg. 34 ance bond posted for public improvements. APPROVED 30. Southgate Apartments (Ga.Kdingj Industries) - Perform-� 1/10/86 ance Bond - Temp. Reso. 13960 - Discussion and possible pg. 11 action to call a performance bond posted for public APPROVED improvements. 31. Nprthwood II - Mod l les F c' 't - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for issuance of 1/10/86 pg. 11 APPROVED certificates of occupancy. 32. Nogftgnt Tract 74/75 - Discussion and possible action on: a) Renewal of a model sales permit for Site Plans 1 and 3 b) Renewal of a model sales permit and waiver of the 300- foot distance requirement for issuance of certificates 1/10/86 pg. 11 APPROVED A) & B) of occupancy for Site Plan 2 REPORTS 33. City Council 1/10/86 pg.34 no report 34. City Manager pg.4 no report. IT1786 pg. no report. 35. City Attorney PAGE 5 1/10/86 City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, may need to ensure that a verbatim record of the proceedings made which record includes the testimony and evidence upon which the appeal is based. Carol E. Barbuto Assistant City Clerk Following are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 - Agricultural/Excavation B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M-1 - Light Industrial M-2 - Medium Industrial R-1 - Single Family Residence R-1 B & R-IC - One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park District he is 1 1 1 PAGE 6 1/10/86 36. Tamarac Park satellite Building Emergency Purchase of windows - Discussion and Possible Action. 37. Public Works Department 12ower Budget Transfer - Discussion an Possible Action. _ 38. Tamarac Park - Sanitary Sewer Relocation - Discussion and.possib e action. 39. TUW - 201 Relook and Update Account Numbers - Discussion an�c. possible action. 40. Fire Hydrant Marking - Discussion and possible action on: a) Approval to have the City Engineering Department do the necessary work b) Approval for the Engineering Department to purchase markers 41. Invoice for Kruse, O'Connor & Ling, Actuaries - Discussion and possible action regarding payment. 42. TUE - Tamarac Lakes Gravity Sewer - Project 84-5 - Approval to go to Bid - Discussion and possible action 43. City Hall Emergency Roof Re airs - Discussion and possible action. 1/10/86 pg.1 Agen. by Con. see 2g. 12 1/10/86 pg.l Agen. by con. see RS. 12 1/10/86 pg• see pg. 13 1/10/86 Pg.2 Agen. By Con. see pgs. 13& 14 1/ IV/ ?50 pg. Z- Agen. by consent, see pg. 16 1/10/86 pg.2 Agen, by Con. see p2sl6&17 J-/iU/un pg.Z Agen. by Con. see Z6. 17 Pg Agen. by Con, see pg. 17 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING January 10, 1986 Tape 1 CALL TO OBDER: Mayor Philip B. Kravitz called the meeting to order on Friday, January 10, 1986, (instead of Wednesday, January 8, 1986), at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT• Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEQIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. GENERAL ADMINISTRATI E FINANCIA 36. Tamarac Park Satellite Bu' d'n - Emergency Purchasp. Windows - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 12). V/M Massaro said Chief Building Official, Bob Jahn, has requested the authority to purchase the windows for the Tamarac Park Sat- ellite Building as a sole source item and she MOVED to Agendize this item by Consent. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 37. Public Works DepartMgnt Mower - Budget Transfer - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 12) . V/M Massaro said Frank Etheredge, Finance Director, has requested that a budget adjustment be made concerning the approval that was given for Public Works to purchase a mower. She MOVED to Agendize this item by Consent, SECONDED by C/M Gottesman. VOTE: ALL VOTED__ AYE 38. Jamarac Park - Sanitary Sewer Relocation - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 13) . V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning the Tamarac Park Sanitary Sewer Relocation. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 1 1/10/86 /pm UTILITIES 39. TUW - 201 Relook and Update Account Numbers - Discussion and Possible action. SYNOPSIS OF ,ACTION: Agendized by Consent. (See Pages 13 & 14). V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning a relook and update report for the feasibility of 201. She said previously Council approved having Williams, Hatfield & Stoner do this work at a cost of $5,500.00. She said there was an error made in the accounts from which the money was to be taken. She said it was Account #434-506-598-324 and it has since been determined that the monies must come from 3 different sources. SECONDED by C/M Stein. VOTE: ALL YQTED AYE GENERAL ADMINISTRATIVE/FINANC;IAL 40. Fire d n M k'n - Discussion and possible action on: a) Approval to have the City Engineering Department do the necessary work b) Approval for the Engineering Department to purchase markers SYNOPSIS OF ACTION: Agendized by Consent. (See Page 16). a) V/M Massaro MOVED to Agendize by Consent authorization for the Engineering Department to mark all existing and future hydrants and associated valves with reflector markers. SECONDED by C/M Stein. TE: ALL VOTED AYE b) V/M Massaro MOVED to Agendize by Consent approval for the Engineering Department to purchase 2,000 blue markers and 1,000 green markers with the necessary epoxy tube sets at an upset price not to exceed $6,000.00. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 41. In c r K se 'Connor & -Linq, Actu ries - Discussion and possible action regarding payment. SYNOPSIS OF_ACTION: Agendized by Consent. (See Pages 16 & 17). V/M Massaro said a request was submitted to pay Kruse, O'Connor & Ling, Actuaries, and she MOVED to Agendize this item by Consent. SECONDED by C/M Munitz. VOTE: ALL VOTED AY UTILITIES 42. TUE - Tamarac Lak s Gravity Sewer - Project 84-5 - go to Bid - Discussion and possible action. SYNOPSIS -OF ACTION: Agendized by Consent. (See Page 17). Approval to 2 i 1/10/86 /pm V/M Massaro MOVED to Agendize by Consent a request by the Engineering Department to proceed with procurement for the con- struction bidding of the Tamarac Lakes Gravity Sewer, Project 84-5. SECONDED by C/M Stein. VOTE: ALL YOTEDAYE GENERAL ADMINISTRATIVE/FINANCIAL 43. City Hall Emergency Roof Repairs - Discussion and possible action. .SYNOPSIS OF ACTION: Agendized by Consent. (See Page 17). V/M Massaro said there is a portion of the City Hall roof that has never been repaired and there is water leaking into the Finance Department which is dangerously close to the wires that run throughout that room. V/M Massaro MOVED to Agendize by Consent the authorization for the City Manager to waive the advertised bidding procedures and use emergency procedures as the Charter provides to repair the roof with Council having an emergency meeting after the Acting City Manager receives the two quotes necessary. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE BQARDS AND COMMITTEES 3. p_.dxd of Social Services -- Discussion and possible action regarding mileage reimbursement to members (tabled from 1/2/86). SYNOPSIS QF ACTION: TABLED to the 1/22/86 Council meeting at the request of the Acting City Manager. Acting City Manager Perretti requested that this item be TABLED to the 1/22/86 Council, meeting. V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye COMMUNITY DEVELOPMENT 21. Blue Dolphin Restaurant Corp. - .peciAl Exception - Petition 33-Z--85 - Temp. Resv,_ #3947 - Discussion and possible action to grant a special exception to permit on - premises consumption of alcoholic beverages at this restaurant in the Sunflower Shopping Plaza, 8104 N. University Drive, which is zoned B-1 (Neighborhood Business) (Public hearing held 1/2/86) SYNOPS I,a.__QF ACTION: TABLED at the request of the applicant for submittal of required information. 1/10/86 /pm V/M Massaro said the applicant has requested a TABLING of this item for submittal of the required information and she so MOVED, SECONDED by C/M Gottesman. TE: PRESENTATIONS ALL VOTED ,AYE 1. F1Qrida Derby__FQstival - Presentation of a proclamation by Mayor Kravitz designating February, 1986, as "Florida Derby Festival Month". Y OP I OF ACTION: Proclamation was presented. Mayor Kravitz presented a proclamation designating February, 1986, as "Florida Derby Month" to Irving Vitrofsky, Recreation Board member. B ARD AND COMMITTEES 2. Veterans A f r Committee -- Temp. Reso #3 56 - Discussion and possible action to appoint one (1) member. SNOPSIS,,OF ACTION: APPROVED appointing Morris Landman as a member to this Committee. RESOLUTION NO. R-86-8 PASSED. Mr. Henning read Tempi Reso„�3956 by title. Mayor Kravitz said as liaison to this Committee, he spoke to the Vice Chairman and they proposed an application from Morris Landman and he recommended this appointment be made. C/M Stein so MOVED, SECONDED by V/M Massaro. MQ E : ALL V TED AYE GENERAL ADMI I TRATI E FIN NCIAL 6. Belf-I surance Fund - Discussion and possible action to establish a reserve fund. SYNOPSIS OF ACTION: APPROVED a recommendation of the Insurance Advisory Committee to establish a reserve fund within the next fiscal year budget at a rate of $200,000 for the first year and $100,000 for the next 3 years to realize a total of $500,000. V/M Massaro read the memo from Frank Etheredge, Finance Director, which stated, "I agree with your recommendations to create a reserve fund for Self -Insurance purposes. I do recommend we include this matter in our budget preparation for next year. I do not believe we could handle the $200,000 payment at this time but the idea is sound and in the best interests of the City." Judy Deutsch, Acting Personnel Director, said at their October meeting, the Insurance Advisory Committee had recommended that the City begin establishing a Self -Insurance Fund. 1 1 1 4 1/10/86 /pm V, Mrs. Deutsch said that was the time when the City's insurance had been cancelled and there was some doubt as to when and where this would be placed. She said the Committee was acting to provide for the V/M future so there would not Massaro asked if there was be an emergency situation again. an immediate problem at this time and Mrs. Deutsch said the City is covered through 9/30/86. Mr. Henning asked if the deductible amount has gone up to $10,000 and Mrs. Deutsch said the Police Professional Insurance has gone up to that amount. She said the General Liability is still $2,500. Mr. Henning asked if this Self -Insurance Fund is for all policies or just for the General Liability and Mrs. Deutsch said that would give her the flexibility to look into higher deduct- ibles to begin self -insuring for some of the City's lower risk coverages. She said she would like to see the City build a reserve fund to hold the premium costs down and she agrees completely with the Insurance Advisory Committee. V/M Massaro MOVED that Council consider the recommendation sound and in the appropriate time before or during the preparation of the next budget, this program be implemented of the $500,000 Reserve Fund with $200,000 the first year and $100,000 for the next 3 years. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE CONSENT AGENDA 4. Cgnsgnt Agenda a) Minutes of 12/19/85 - Special Meeting - Approval recommended by City Clerk. b) Minutes of 12/23/85 - Special Meeting - Approval recommended by City Clerk. c) Robert B. Dunckel.- Special Counsel to Charter Board 11/21/85 - $1,146.00 - Approval recommended by Charter Board. d) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Invoice 1724-01, Statement 3 - 11/22/85 - $29,610.18 - San- itary Sewer Rehabilitation (Project 84-4) - Approval recommended by City Engineer/Utilities Director e) CH2M Hill - Consulting Engineer - Invoice 11-468 - 11/15/85 - $326.04 Broward County Environmental Quality Control Board Variance Extension on Deep Well (Project 84-2).- Approval recommended by City Engineer/Utilities Director. f) CH2M Hill - Consulting Engineer - Invoice 11-466 - 11/15/85 - $725.03 - TUW Bond Feasibility Study (Project 84-1c) - Approval recommended by City Engineer/Utilities Director. g) James M. Montgomery, Consulting Engineers, Inc. - Invoice 57809 - 11/7/85 - $2,610.00 Expansion and Rehabilitation of Water Treatment Plant (Project 84-20) - Approval recommended by City Engineer/Utilities Director. h) James M. Montgomery, Consulting Engineers, Inc. - Invoice 58000 - 11/14/85 - $716.13 - Aerated Flow Equalization Tank - Approval recommended by City Engineer/Utilities Director. i) James M. Montgomery, Consulting Engineers, Inc. - Invoice 53638 (revised) - 12/16/85 - $102.17 - Proposed Water Fluoridation (Project 85-10) - Approval recommended by City Engineer/Utilities. Director. j) Florida Testing & Engineering Co. - Invoice 43164 - 11/30/85 - $264.00 - Sanitary Sewer Rehabilitation (Project 84-4) - Approval recommended by City Engineer/Utilities Director. i 5 / 1/10/86 /pm k) Justice Reporting Service, Inc. - Invoice 10756 - 12/19/85 - $45.00 - EMS Review Committee Hearing - Approval recommended by City Attorney. 1) J.H. Pilchick & Associates, Inc. - Invoice D851577 - 11/19/85- $136.00 - Hidden Hollow Phases I and II - Approval recommended by City Attorney. m) Superior Reporting, Inc. - Invoice 28242 - 12/6/85 - $189.25 - Broward County Environmental Quality Control Board hearing - Approval recommended by City Attorney. n) Bermuda Club Entertainment - Approval to refund the amount of $80.00 paid for a special police detail which was cancelled. o) Occupational Licenses - Temp. Ord. #1218 - Approval to extend the tabling action to a future meeting (Public hearing held 11/13/85) (tabled from 12/6/85) SYNOPSIS OF _ACTION: APPROVED Items b) through o). Item a) was REMOVED and TABLED to the 1/22/86 Council meeting. Mr. Henning asked that Item a) be REMOVED from the agenda for discussion. V/M Massaro MOVED that Item a) be REMOVED from the agenda and that Items b) through o) be APPROVED, SECONDED by C/M Gottesman. TE: ALL VOTED AYE a) Mr. Henning said the Minutes of 12/19/85 contain a verbatim trans- cript of the Watkins hearing and there were some typographical errors that have to be corrected. He requested these be TABLED to the next regular Council meeting. V/M Massaro MOVED that this item be TABLED to the 1/22/86 Council meeting, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 7. Broward League „gfCities-Business - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz said the Council has received copies of the last meeting of the Broward League. He said the next meeting will be on 1/16/86 with Jack Tobin and Senator Weinstein as speakers. 8. Nortbwest Council of Mayors Business - Discussion and possible action. SYNOPSIS QF_ACT,ION: Mayor Kravitz gave a report. Mayor Kravitz said the next meeting will be Monday, 1/13/86; however, he will not be attending that meeting. i' 6 / 1/10/86 /pm LEGAL AFFAIRS 15. Vehicle Repairs.- Temp. Ord. #1236 - Discussion and possible action to create Section 15--8 of the Code to prohibit all motor vehicle repairs in residentially zoned areas. Second Reading. (Public hearing held 1/2/86). SYNOPSIS OF ACTION: HELD for later in the day. (See Page 34). Mr. Henning read Temp. Ord,, #1236 by title. Mr. Henning said this was placed on the agenda to make revisions regarding the penalties with changes made to Page.2, Paragraph D. He said it now reads, "Any person who knowingly performs vehicle repairs, who permits a vehicle owned by him or in his possession to be repaired or permits vehicle repairs to be made on property owned or rented by him contrary to this Section, shall be subject to a fine of $100.00. Each vehicle and each day shall be a separ- ate violation." He said there were other minor changes made on this 1/9/86 revision: in one of the Whereas clauses he changed "unaesthetic" to "unsightly" and in the prohibition there is a strike through of "other than minor" and this should be deleted completely. Mr. Henning said there is a strike through shown on Page 2 which should be deleted completely. He said the way this was originally drafted, towing of vehicles was restricted except by licensed towing companies and he was unsure whether Council wanted to be that restrictive. He said originally the fines were $25.00 for the first violation and then open to the court for subsequent violations. C/M Gottesman said he recollects that at the last hearing on this item, it was suggested that the fine should be "up to $500" with- out a.minimum which is now placed in there. Mr. Henning said both were discussed and this would permit people to pay the fine over the counter instead of going to court. Vickie Beech, resident, asked Mr. Henning who will enforce this Ordinance and Mr. Henning said the Code Enforcement Officers and the Police Department. Frank Altobello, President of Section 23, asked if this Ordinance will apply to a person who dismantles vehicles and does not repair them. Mr. Henning suggested on Page 1, Section A, Line 31, "No motor vehicles may be dismantled or repaired...". V/M Massaro questioned what would happen if dismantling is taking place but no one sees the person doing that and C/M Stein said all the City can do is legislate and the proof of what the person is doing is up to the courts. He said there is no way the City Council can legislate evidence. Mr. Henning said in the existing language on Page 2, Line 7, it states, "Any person who knowingly performs vehicle repairs or dismantling, who _permits a .vehicle ..owned by him or in his possession to be repaired or permits vehicle repairs or dismantling to be made on property owned or rented by him...". He said the owner of property who permits the dismantling on his property would be guilty of violating the Ordinance. 7 � 1/10/86 I/ /pm Harold Newman, resident, asked if the terminology "disabled" could be added as well. C/M Stein noted that this would not be fair since someone could break down and does not deserve a violation charge. V/M Massaro said if there is not a valid registration or license tag then that should not be there. C/M Stein agreed that that could be added. Mr. Henning said it is already illegal to have an expired tag. Morris Haber, resident, suggested the word "storage" also be included to pick up the illegal storage of a dismantled car. C/M Stein said that is illegal since a homeowner is allowed to store a relative's car for a short period of time and he suggested it should refer to one that has no license plate. Mr. Henning said he could include this language by this afternoon and Mayor Kravitz agreed to hold this item for that purpose. V/M Massaro suggested that when this Ordinance is approved by Council, Mr. Altobello should have a copy sent to the man who is in violation. 16. Florida Lottery - Temp. Reso. #3957 - Discussion and possible action endorsing the proposal to allow the residents of Florida to vote upon the issue of whether the Florida Constitution should be amended to allow for State -operated lotteries. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86-10 PASSED. Mr. Henning read Temp. Reso. #3957 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3957, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 17. Orenstein_vs- City of -Tamarac - Report by City Attorney - Discussion and possible action regarding settlement of this lawsuit. SYNOPSIS OF ACTION: ADOPTED the recommendation of the City Attorney and Alan Ruf's office to APPROVE the settlement and authorize the City officials to execute all necessary documents in connection with funds to come from the Interim Service Account. Tape 2 Mr. Henning said this is a dispute that was handled in the small claims court concerning a property owner who was charged an in- terim service fee in the amount of $687.50 at the time of receiv- ing his certificate of occupancy. He said apparently the property in full value had already been placed on the tax rolls. He said the interim service fee is additional compensation to the City for properties which are not on the tax rolls. Mr. Henning said he and Alan Ruf's office feel this matter can be settled for a refund of the fee plus attorney fees and court costs of $44.00 for a total of $731.50. He said, if possible, this should be reimbursed from the Interim Service Fee Fund since that is where the payment was made. He recommended approval of the settlement and authorization for the appropriate City officials to execute whatever releases and settlement documents are necessary. 8 1/10/86 /pm C/M Gottesman MOVED APPROVAL of the recommendation of the City Attorney and the office of Alan Ruf in the settlement of this case, SECONDED by VIM Massaro. VIM Massaro said the.Ynterim Service Fee Fund.was adopted to pick up where a building was not completed until after the determina- tion had been made as -to who is on the tax roll and who is not. She said if they did not have a CO at that particular time it did not go on the tax roll, therefore, this would pick that up. VOTE• ALL VOTED AYE 18. ESM Litigation — Discussion and possible action on payment of the following invoices as part of the public body group: a) Payment to Peterson & Company in the amount of $7,579.33 b) Payment to Peterson & Company in the amount of $6,008.04 c) Payment to Peterson & Company in the amount of $10,799.61 d) Payment to English, McCaughan & O'Bryan in the amount of $489.82 e) Payment to English, McCaughan & O'Bryan-in the amount of $369.90 SYNOPSIS OF_ACTION: TABLED until the City Attorney receives a bill from Morgan, Lewis & Bockius with a status report. Mr. Henning said the City has received cover letters from Morgan, Lewis & Bockius, legal counsel to the City, on a recommendation for approval of these invoices. He said primarily with the Alexander Grant case, there is a "public body group" which is a number of government bodies that are involved in the lawsuit that have pooled together with a weighted average of their costs and are sharing the expenses. He said the total bills are $282,688.00 for which Tamarac's share, based on 8+ percent, totals approxi- mately $25,000.00. Mr. Henning said another City was added to the group which brought the percentage down: invoices a) through d) are 8.94% and e) is 8.36%. He said the first three items concern Peterson & Company who are auditors that are assisting in the preparation of the lawsuit and English, McCaughan & O'Bryan is a local law firm that is also working on the lawsuit with the group. Mr. Henning said he would recommend approval but there should be a report after this from Morgan, Lewis & Bockius as to how much more is expected to be spent. He_said when they.met.with Council previously, they said it would cost approximatley a quarter of a million dollars and they have already reached that point. He said he sent the backup sheets to Council confidentially, since they are still attorney/client privileged documents. He said there is some travel involved as well. VIM Massaro said she is not in favor of approving this since this is:contrary to the letter that Council received.from them. She said it was her understanding that there would be a cost of approximately $250,000.00 in the entire lawsuit but the amount on today's agenda was 8.94% of the pro-rata share of the latest bill of $84,780.00. She.said.she has not seen a bill.for anything more than that until this was received. 9 1/10/86 J /pm V/M Massaro said she also wants to see the bill from Morgan, Lewis & Bockius to determine their charges to the City, if any. She said their fees should be minimal, if anything. She said they were supposed to bill the City monthly and no bills have been received. V/M Massaro MOVED to TABLE any action on this until a reasonable explanation is received from Morgan, Lewis & Bockius as to where the City is presently, along with an up--to--date bill from Morgan, Lewis & Bockius. C/M Stein said he agrees with V/M Massaro, however, the City has agreed to go along with the group. He said even if the City severed that agreement today, the City's proportionate share to date would have to be paid. He said he assumes the City Attorney has submitted this bill after checking the total bill submitted to the public group. Mr. Henning said that was done. C/M Gottesman said V/M Massaro has not said the City is not agreeable to paying these invoices, but she wants to know if there is a doubling of fees here to what is being paid to Morgan, Lewis & Bockius. V/M Massaro said she wants to know if Tamarac is duplicating that effort by suing Alexander Grant separately and, if not, are there any bills from Morgan, Lewis & Bockius. Mr. Henning said an explanation can be gotten if this is Tabled. He said Tamarac is a plaintiff in the Alexander Grant case as are all the people in the public body group. C/M Gottesman SECONDED the MOTION to TABLE. V/M Massaro noted that she wants Mr. Henning to get a bill from Morgan, Lewis & Bockius. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 28. Woodmont Tract 48 (Waterford at Woodmont) - Sign W-aiyers -- Discussion and possible action on renewal of two sign waivers for signs on property other than the applicant's - Temp. Reso. #3926 (tabled from 12/11/85) SYNOPSI5 QFACTION: APPROVED RESOLUTION NO. R-86-16 PASSED. with conditions. Mr. Henning read Temp. Reso. #3926 by title. V/M Massaro said when someone has a permit to erect a sign on property other than their own, there is usually a letter received by the City with permission to continue that sign being at that location. She asked Mr. Henning if the original approval for using that property gave them an unlimited time. Mr. Henning said there is a memo dated 12/17/85 to the Mayor and Council from the City Clerk which reads, "I reviewed the subject project files and have found letters from Woodmont Corporation dated 7/31/84 granting permission to Waterford Tract 48 to use Woodmont property for installation of signs at the entry of Woodmont on Southgate Blvd. This permission has an open -ending term, therefore, additional permission letters have not been solicited." 10 E 1/10/86 /pm 1 1 V/M Massaro MOVED APPROVAL of Temp. Resos_#3.926 renewing the sign waivers with the proviso that Mr. Henning examine that original approval and determine that they have the right to have the signs without formal approval from the owner of the property. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 30. Southgate_ Apartments Cardinal Industries) - Performance Bond -- Temp. Reso. #3960 - Discussion and possible action to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO.. R-86-1.8 PASSED. See Pages .34 &.. 35 for Reconsideration and further action. Mr. Henning read Temp. Reso, #3960 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. ,#3960, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 3.1. Nggthwood II - Model s facility - Discussion and possible action to renew a model sales .permit and waiver of the 300- foot distance requirement for issuance of certificates of occupancy. SYNOPSIS OF. ACTION: APPROVED. V/M Ma,s-saro MOVED APPROVAL of renewal of the model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 32. Wo d nt Tr ct 74 75 - Discussion and possible action on: a) Renewal of a model sales permit for Site Plans 1 and 3 b) Renewal of a model sales permit and waiver of the 300--foot distance requirement for issuance of certificates of occupancy for Site Plan 2 SYNOPSIE QF ACTION: APPROVED a) and b). a) V/M Mas-saro MOVED APPROVAL of renewal of the model sales permit for Site Plans.l and 3, SECONDED by C/M Gottesman. VOTE: ALL MTED AYE b) V/M Massaro MOVED APPROVAL of renewal of the model sales permit for Site Plan 2 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy, SECONDED by C/M Gottesman. VOTE: ALL TED AYE 11 `� 1/10/86 /pm GENERAL ADMINISTRATIVE/FINANCIAL 36. Tama_ 4c Park Satellite Building -- Emergency Purchase of Windows -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1 Authorized the Chief Building Official, through the Acting City Manager, purchasing Pan American windows as a sole source item in the amount of $2,079.97. V/M Massaro said this is a sole source item which specifically called for the Pan American windows in the plans and specs. She said they do have a bid in the amount of $2,079.97 which is below the $2,500.00 budgeted for this item. V/M Massaro MOVED APPROVAL of the Chief Building Official, through the Acting City Manager, purchasing these windows. SECONDED by C/M Munitz. V/M Massaro asked the Acting City Manager if he looked at the sizes of these windows to determine whether they were safe for this type of building which will be used by teenagers. Acting City Manager Perretti said the windows in the first design of the building were larger than the present ones being.ordered. He said this type of window is safe. He said in 1983, when this was approved, the Council waived the City Manager having authority for a maximum of $2,000.00 and increased it to $2,500.00. He said this was one of the reasons, even though it was under that amount, he did not want to approve of it without Council approval. Bob Jahn, Chief Building Official, said safety was taken into account, however, he will check this further and, if the window is changed, it would lower the purchase price. VOTE: ALL ,STATED AYE 37. Public Works De a t ent Mower - Budget Transfer - Discussion and possible action. SYNOPSIO QFACTION: Agendized by Consent on Page 1 APPROVED. Acting City Manager Perretti said the sum of $9,333.0'0 is going to be transferred from Account #001-872--581--901 named Contingency to Account #001--131--541-640 named Public Works Vehicles. He said the Contingency Account previously had $122,100.00 and after the transfer the amount remaining is $112,767.00. He said the Public Works Vehicle Account had a "0" balance and now has $9,333.00. V/M Massaro MOVED APPROVAL of the budget adjustment. (See Attachment 1). V/M Massaro added to her MOTION that the Acting City Manager is to sign the transfer request form. SECONDED by C/M Gottesman. TE: ALL yQTED AYE 12 1/10/86 1 /pm 38. Tamarac Park -- Sanitary Sewer Relocation - Discussion and possible action. 1 1 I SYNOPSIS OF ACTION: Agendized by Consent on Page 1 APPROVED an expenditure up to $25,000.00 to relocate an existing sanitary sewer including engineering fees to redesign and prepare contract documents for -construction. -Authorization was given.to advertise for competitive bids. V/M Massaro said this sanitary sewer is in bad condition and was not installed as well as it should have been. She said it crosses the land completely and was not done in a manner which is acceptable. She said it is leaking now and must be removed since the City Engineers said they would not touch it in its present location. She said this must be relocated and placed in the easements available with a cost up to $25,000.00. V/M Massaro MOVED to. APPROVE.an.expenditure up to $25,000.00 to relocate an existing sanitary -sewer including the engineering fees to redesign the sanitary sewer and to prepare the contract docu- ments with the construction of it. She said they are authorized to advertise for competitive bids for construction. SECONDED by C/M-Gottesman. Vickie Beech, resident, asked who was responsible for the original sewer installation and V/M Massaro said it was TUI. Mrs. Beech asked if the City Engineers approved this at the time and V/M Massaro said they probably did. VOTE: UTILITIES ALL _ VOTED .AAYE 39.:.TUW -.291 Re Qok and update Account Numbers - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2 APPROVED with the Revised Account Numbers as listed herein. V/M Massaro said Council APROVED.the expenditure of $5,500.00 for Williams, Hatfield & Stoner, Inc., to perform the reevaluation of the 201 and it.was charged to Account #434-506-598.324, which was titled Deep Injection Well. She said the Engineering Department has stated that this should -be charged in the following manner: Job-- Description Acct # Amount All c t d 84-2 Deep Injection Well 84-7 Sludge Dewatering & Composting 85-19 TUW Rehab./ Expan. STP 434-506-598-324 $ 2,805.00 51 434-507-599-324 434--513-598-324 TOTAL - 1,265.00 23 1,430.00 26 $ 5,500.00 V/M Massaro MOVED that these adjustments to the costs be made by the Finance Department, SECONDED by C/M Gottesman. C/M Gottesman asked if there is.a report on the progress of this and V/K Massaro said a.Preliminary Report is expected early next week with a final report a week after that. Vickie Beech, resident, asked why this has to be reevaluated when just 2 years ago there was a report. V/M Massaro said circum- stances have changed since at that time there were many unanswered questions. 13 1/10/86 /pm Acting City Manager Perretti said when the first study was made, the only connection outlet was on Sample Rd. and, since that time, there is now a new connection outlet possibility on Southgate Blvd. and 441. He said the cost involved in connecting to this new location was never researched before. C/M Stein said that is incorrect since they were always there but there was a question as to the availability of flowage from 441 to the plant. He said it was doubtful then and is still doubtful whether that is really a viable alternative. He said the sale of the excess of 4 million gallons was not done in 1984, it was done prior to 1984. He said when the City decided to use spray irriga- tion, the County was contacted for the sale of the City's excess. He said it was culminated in 1984 but was done long before that. C/M Stein said from the very beginning, he discussed with Bill Greenwood, City Engineer/Utilities Director, the possibility of 201. He said this large user was taken over by the City when the City bought the plant and they had already signed the contract with the County. He said when it was stated that the City would leave the 201 Program because it would cost more, there was never a figure of what that amount was. He said the then -City Manager published a statement which said that the City cannot hook into the 201 Program since the cost was prohibitive. He said that is why no further study was made. He said nowhere was a figure stated of the alternative if the City did not use spray irrigation. Melanie Reynolds, Charter Board Aide, asked if this was the $5,500.00 study by Williams, Hatfield & Stoner being considered and V/M Massaro answered, yes. Mrs. Reynolds said this is in violation of the Charter since any study over $5,000.00 must go to competi- tive bidding. Mr. Henning said the Statutory requirement for competitive negotia- tions referred to is the $5,000.00 fee for services or a $200,000.00 project cost. He said since the City already has Williams, Hatfield & Stoner as engineering consultants, they could be given this project. Mrs. Reynolds said it was either the State Statutes or the Attorney General's opinion that even though there are consulting people, it must still go to competitive bidding. Mr. Henning said he disagrees. V/M Massaro said to correct C/M Stein's statement that the capacity was sold in 1983, it was not. She said he admitted it was culmin- ated in 1984 and nothing is effective until it is culminated. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye COMMUNITY DEVELOPMENT Tape 3 24. Ti-ac-t. 24 - Temp�_Reso* #3963 - Discussion and possible action on request for refund of the following fees and a determination of the status of the site plan: a) Water and Sewer Developers Agreement - $172,890.00 b) Drainage Retention Fee - 23,814.00 c) Drainage Improvement Fee - 2,093.00 d) Cash Bond in connection with Platting Waiver - 15,000.00 SYNOPSIS OF ACTION: TABLED to the 1/22/86 Council meeting. 1 14 1/10/86 /pm SYNOPSIS,,,,QF—ACTION: Cont'd.. The applicant is to send a letter as to his intentions. Mr. Henning read Temp. Reso. #3963 by title. Mr. Henning said Tract 24 had an approved site plan on 6/18/85 for 113 units. C/M Gottesman asked Alan Kan, Attorney for Tract 24, if these were townhouses and Mr. Kan said they are "zero lot line". Mr. Henning said there was a request from the attorney to refund the fees because there was a question whether the developer would proceed. Mr. Henning said this Resolution would require a voiding of the site plan, partial refund at the request of the developer and, other fees that were not refundable, are set out in the Resolution. Mr. Henning said Mr. Kan has indicated that d), the $15,000.00 cash bond, is of top priority and he requested deferring the other items until he can confirm what his developers want .to do. He said the Resolution indicates that the plat has been recorded but, apparent- ly, it has not yet been recorded but has been approved by the County. Mr. Kan said the County procedure for recording and approval of plats is two steps; after going through the staff committees, it would go to the County Commission for approval. He said the plat was approved and the step to recording requires the.engineer to make whatever minor changes on the plat that have been requested by the County and execute either performance construction bonds for the various roads the County wants or Impact Fee Agreements for recreational dedication.and roars improvements. He said those agreements are in the General Counsel's office for their review and, as a result, the plat itself has not been recorded. Mr. Kan said d) required they submit a $15,000.00 cash bond to do some construction prior to platting and, if, in fact, they never got to platting, the money would be there to demolish the water and sewer lines put in. He said they have no intention of installing those water and sewer lines and they would like to withdraw that part of it. ...V/K.Massaro said refunds are not made until it is,.determined what the.cost has.been to the.City for processing. She said there is a great deal of work -by the Engineering Department that goes into processing the CIAC charges, etc. She said there should be a complete examination of everything to determine what they want, whether the site plan is being cancelled, whether the plat is being recorded, etc. V/M Massaro MOVED to TABLE this item with a full report by the City Attorney and the various departments involved after it is determined exactly what the applicant wants. Mr..Henning said approval of the site plan was on 6/18/85 and the developer cannot pull a building permit until the plat is recorded. r 15 1/10/86 /pm Mr. Henning said the developer received a waiver of platting and posted a $15,000.00 cash bond and is now stating that he is willing to wait until the plat is recorded before he pulls a building permit. He said in lieu of that, the applicant would like his $15,000.00 bond returned. C/M Gottesman said he feels the platting waiver should be clarifie and he SECONDED the MOTION to TABLE this entire item. Is VOTE: ALL VOTED AYE V/M Massaro said this matter will be brought_ up at the next regular Council meeting and she suggested the applicant send Council a letter explaining what his intentions are. GENERAL ADMINISTRATIVE/FINANCIAL 40. Fire Hydrant Marking -- Discussion and possible action on: a) Approval to have the Engineering Department do the necessary work b) Approval for the Engineering Department to purchase markers SYNOPSIS OF ACTION: Agendized by Consent on Page 2 a) Authorization was given to the Engineering Department to mark all existing and future hydrants and the associated valves with the reflector markers. b) APPROVAL was given for the Engineering Department to purchase 2,000 blue markers and 1,000 green markers and the necessary epoxy tube sets to install them at an upset price not to exceed $6,000.00. a) V/M Massaro said Bill Greenwood, Utilities approval for the Engineering Department to future hydrants and the associated valves and she so MOVED, SECONDED by C/M Munitz. VOTE• C/M Stein C/M Munitz C/M Gottesman V/M Massaro Mayor Kravitz Director, has requested mark all existing and with reflector markers Aye Aye Absent Aye Aye b) V/M Massaro MOVED to authorize the Engineering Department to purchase 2,000 blue markers and 1,000 green markers and the nec- essary epoxy tube sets to install them at an upset price not to exceed $6,000.00. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 41. Invoice for Kruse O'Connor &_Ling, Actuaries -- Discussion and possible action regarding payment. SYNOPSIS OF ACTION: Agendized by Consent on Page 2 APPROVED. V/M Massaro said the Acting City Manager has requested payment to Kruse, O'Connor & Ling the amount of $2,555.00. Mr. Henning noted that this is the same Actuary that the City has been using for several years and they are the most important consultant that the City has with the Pension Plan. He said the Acting City Manager's recommendation is that this be paid out of the Pension Plan. 1 16 1/10/86 /pm Mayor Kravitz noted that this has been pending since 9/26/85. V/M Massaro MOVED APPROVAL.of the payment of this invoice from the Pension Fund Account #638-115-513-321, SECONDED by C/M Gottesman. VOTE: ALL YQTED AYE 42. SUE - Tamarac Lakes Gravity Sewer - Proiect 84-5 - .Aupr.oval to go to_ bi.d .- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Pages 2 & 3 The Acting City Manager was authorized to go to bid. The estimated cost was $260,476.00. V/M Massaro said before the City could go to bid, D.E.R. had to approve this. She said approval has been given for the City to advertise for construction bidding on the Tamarac Lakes Gravity Sewer.Project 84-5. V/M Massaro MOVED that the Acting City.Manager be authorized to go to bid on this with the estimated cost of approximately $260,476.00 with a $113,261.00 grant. She said the Account this is to be charged to has an unencumbered balance of $259,405.00. C/M Gottesman SECONDED. C/M Stein said he assumed that the amount of $113,261.00 would be subtracted from the amount of $260,476.00 thereby leaving a balance of $147,215.00. V/M Massaro said that is true but until the grant is actually received, the full amount of money must be available. VOTE: ALL TED AYE GENEEM ADMINISTRATIVE/FINANCIAL 43. City. _H,sI1 Emergency Raof Repairs - Discussion and possible action. SYNOPSIS OF ACTION: Agendized.by Consent on Page 3 The Acting City Manager was authorized to waive the bidding procedures and use the procedures the Charter permits to g.et bids. Once the figures are received, the Council will have a Special Meeting.to take action on this. V/M Massaro said the Acting City Manager has indicated that there are.problems concerning leaks in the. City Hall roof in the Finance Department and she MOVED to authorize the Acting City Manager to waive the bidding procedures and use the procedures the Charter does permit to get bids. She said when the figures are received, the Mayor will call a Special Meeting of Council to act on this. SECONDED. by C/M Stein. Harold Newman asked -how many years ago the roof was -repaired on this building -and V/M Massaro said that portion of the roof was not repaired at that time. VOTE: ALL_ VOTED AYE 17 1/10/86 /pm 5. City Code Drainage Requirements - Discussion and possible action to authorize Williams, Hatfield & Stoner, Inc., to review and evaluate Article IV of Chapter 24 of the Code concerning drainage (tabled from 1/2/86) SYNOPSIS OF ACTION: APPROVED at a cost of $3,200.00. V/M Massaro said when Bill Greenwood, Utilities Director/City Engineer, heard the upset price that was given at that time, he decided perhaps Williams, Hatfield & Stoner had misunderstood exactly what he wanted. She said since then, he discussed this with them and they submitted a new proposal which is for a lesser amount of $3,200.00. V/M Massaro MOVED APPROVAL to authorize Williams, Hatfield & Stoner to review and evaluate Article IV of Chapter 24 of the Code concerning drainage, SECONDED by C/M Stein. C/M Stein said it has never been rescinded that a prior Council passed a prohibition against the City using Williams, Hatfield & Stoner for anything but continuing projects. Mr. Henning said he reported shortly after that Motion was Approved some time ago, that there is a 30-day cancellation provision in the contract with Williams, Hatfield & Stoner. He said it was discussed that it was an affirmative action of Council not to place the exercising of the 30-day cancellation on the agenda. C/M Stein noted that something should be done to remove that. Mr. Henning said when the original drainage study was done, Williams, Hatfield & Stoner was involved and V/M Massaro said that was true. VOTE: UTILITIES ALL VOTED AYE 9. Utilities - Temp. Reso, #3883 - Discussion and possible action to authorize execution of a contract with Shelton Enterprise, Inc., to provide notification to the City when utility locations are required (tabled from 1/2/86) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86-9 PASSED. Mr. Henning read Temp. Reso._ 13883, 1/7/86 revision, by title. Mr. Henning noted that this contract is for a 12-month period starting 1/10/86. V/M Massaro said this was Tabled awaiting the signed contract by Shelton Enterprise and she MOVED APPROVAL of Tem s #3883, SECONDED by C/M Munitz. VOTE: ALL VOTED_ AYE 10. Utilities East and West (Projects 84-21_ and_ 85-41 -- Pump Station Reconstruction - Discussion and possible action to authorize Williams, Hatfield & Stoner, Inc., to prepare bid plans and specifications for 6 pump stations in Tamarac East, 6 pump stations in the woodlands, and Pump Stations 1, 19 and 26 in Tamarac West (tabled from 1/2/86) SYNOPSIS OF ACTION: APPROVED. The costs incurred for this work will be distributed from the Accounts as noted herein. J 18 1/10/86 /pm V/M Massaro referred to Peter Procopio, Deputy Utilities Eng- ineer's memo of 1/6/86 in which the first item, TUE Account #417- 301-536-659, was for $10,000.00, which comes from the budgeted amount of $150,000.00. She said the second item, TUW Account #432-367-538-656 was for $10,790.00, comes from the CIAC Account. She said the third breakdown is for $5,810.00, which will come from the R & R (Repair and Replacement) Account. V/M Massaro MOVED APPROVAL, SECONDED by C/M Gottesman. Mr. Henning said for the record, reference should be made to the 1/6/86 memo to Larry Perretti, Acting City Manager, from Peter. Procopio, Deputy Utilities Engineer. (See Attachment 2). VQTE: ,LL VOTED AYE 11. utilities West (Project 85--27) - Water Treatm nt Plant_ Filter Rehabilitation - Discussion and possible action to authorize James M. Montgomery, Consulting Engineers, Inc., to prepare plans and specifications for refurbishing of Water Treatment Plant filters 3 and 4, including filter media replacement. SYNOPSIS OF ACTION: APPROVED as amended at a cost of $4,900.00. V/M Massaro said this proposal from James M. Montgomery Consulting Engineers requires a fee not to exceed $4,900.00. She said this is authorization for design engineering for refurbishing filters 3 and 4. V/M Massaro asked Mr. Greenwood, Utilities Director/City Engineer, if,he had an opportunity to discuss IE of this proposal with James:M. Montgomery. Mr. Greenwood said this was discussed and a letter was prepared yesterday to James M. Montgomery clarifying that this is for a lump sum figure of $4,900.00 including the insPection and the shop drawing review with approval of construc- tion cost estimates. V/M Massaro MOVED APPROVAL of this project for a price not to exceed $4,900.00 and the part of their proposal which relates to IE should be removed, as per the statements made by the City Engineer. Mr. Henning questioned whether the Agreement's reference to "engineers" meant the City Engineers or James M. Montgomery and she said they are referring to James M. Montgomery. She said they would do periodic inspections, review the shop drawings and progress payments and issue the completion certificates. She said they were requesting an additional amount to do this and they have now _rescinded that portion of their proposal and the amount of $4,.900.00. will include everything. Mr. Greenwood said the lump sum figure of $4,900 includes the periodic inspection, shop drawing reviews and approvals of the estimates. He said on Page 2 of the proposal, Section III, Fees and Payments, the following sentence was deleted, "Fees for services provided under IE shall be in accordance with Paragraph III.A.2. (Salary Cost Plus) of the General Contract." 19 1/10/86 /pm �1 C/M Gottesman SECONDED the MOTION. VOTE ALL VOTED AYE 12. Utilities West (Project 85-7) - Wellfield Protection Facilities - Discussion and possible action to authorize going to bid for this work. aYNOPSI5 OF ACTION: The Acting City Manager was authorized to go to bid as indicated on the proposal of 12/19/85, of Peter Procopio, Deputy Utilities Director, and further defined by the City Engineer. Bill Greenwood, Utilities Director/City Engineer, said because of the uncertainty of what is happening at the existing Wastewater Treatment Plant, the proposed 2,000 gallon additional- tank for diesel fuel was included to be installed under this contract. He said a letter was prepared yesterday by Peter Procopio, Deputy Utilities Director, clarifying this. (See Attachment 3). Mr. Greenwood said they propose to bid it with and without the concrete. He said the one tank that exists needs the concrete containment and the monitoring wells installed around it; however, if the sewage treatment plant is not upgraded and/or moved then the additional tank will not be needed. V/M Massaro MOVED to authorize the Acting City Manager to go to bid as indicated on the proposal of 12/19/85 from Peter Procopio, Deputy Utilities Engineer and as further defined by the City Engineer, Mr. Greenwood. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 13. Utilities_ West (Project 85-19) -- P tehabilitationd Expansion of Wastewater Treatment Plant - Discussion and possible acton on: a) Clarification of Hazen and Sawyer Agreement 1) Correction of Council action for Task Order 1.1 (Design for the installation of four transfer pumps) - Authorization not to exceed $5,500.00 instead of $4,500.00 2) Placement of Task Order 1.1 under Hazen and Sawyer contract raising contract price to $68,100.00 from $62,600.00 3) Cancellation of purchase order for Task 1.1 in the amount of $4,500.00 b) Authorization to go to bid for this work SYNOPSIS OF ACTION: APPROVED a) and b). a) b) V/M Massaro MOVED the correction of Task Order 1.1 from $4,500.00 not to exceed $5,500.00 and to correct the Hazen and Sawyer to reflect that it would the total of all tasks authorized to date. engineering contract of now be $68,100.00 for 20 1/10/86 /pm J 1--.1 V/M Massaro said this would also cancel the original approval of $4,500.00. She said this approval also includes authorization to go to bid for this work. SECONDED by C/M Gottesman. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch. Tape 4 Mayor Kravitz called the meeting to order at 1:30 P.M. LL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Marilyn Bertholf, City Clerk CQMMUNITY DE`T_ELQPMENT Patricia Marcurio, Secretary 19. Tamarac Nurs' C nter - Discussion and possible action on: a) Assessment of Land Use Amendment costs b) Landscape Plan (tabled from 1/2/86) gyNQPEIS OF ACTION: a) APPROVED as conditioned. b) TABLED to the 1/22/86 Council meeting. a) Thelma Brown, City Planner, said this project is located at NW 79 Ave. between the canal and NW 57 St. She said the plan was approved by staff on 12/6/85 and,received approval of the Planning Commission on 10/16/85. She said on 12/11/85, the Council Tabled this item for review of the Landscape Plan and the administrative fees involved in the Land Use Plan Amendment. She said the Beautification Committee, on 1/6/86, Approved the revised Land- scape,Plan_subject to conditions of approval. Ms. Brown said the fees have been established for the Land Use Plan Amendment and they are as follows: Administrative Costs to the City (including staff time to coordinate, research, Development Review Reports, Agenda preparations and staff review of plans) - $3,100.00 (2) Public Hearing Notices @ $800.00 each - 1,600.00 City Attorney's time in preparing legal documents -- 17 hours - 1,700.00 Rezoning and staff time of a separate issue 3,000.00 Fees established by the City Code - 400.00 TOTAL PROJECTED COSTS - $9,800.00 21 1/10/86 /pm Ms. Brown said the staff recommends approval of the Nursing Care Center subject to the assessment of the land care costs and a letter of agreement from the developer. V/M Massaro said Doug Cowan, representative of the applicant, has indicated that his client is willing to pay the amount of $9,800.00. She said that amount is $8,200.00 plus advertising costs, which are anticipated to be $1,600.00 but might be less if other projects are advertised at the same time. She said she does not accept the letter Mr. Cowan submitted. V/M Massaro said this amount of $9,800.00 is in lieu of the $4,000.00 estimate that was mentioned at a prior meeting. V/M Massaro MOVED APPROVAL of the City doing the Land Use Amend- ment for $8,200.00 plus $1,600.00 for advertising or whatever the actual cost of advertising is determined to be. She said this must be paid before the Beautification Plans are acted on. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Roseann Goldgeld, resident of Edgewater Village, said she had several conferences with Richard Rubin, former Consultant City Planner, and Doug Cowan and there was agreement to certain specifications as to what would be planted there. She said she has not been apprised of any changes, therefore, she would like to know what the plans are now. V/M Massaro said Ms. Goldgeld could review the plans with her at any time. V/M Massaro MOVED to TABLE the Landscape Plan to the 1/22/86 Council meeting, SECONDED by C/M Gottesman. yQTE: ALL -VOTED AYE 20. Woodland Villas - Discussion and possible action on: a) Site Plan - Temp. Reso. #3948 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Blanket Utility Easement - Temp. Reso. #3949 f) Public Safety Ingress/Egress Easement - Temp_._JReso. #3950 g) Agreement for funding future traffic and signalization needs (To be located on the west side of Lagos de Campo Boulevard, south of McNab Road, and north or Sandpebbles Townhouses) (tabled from 1/2/86) SYNOPSIS OF ACTION: -with RESOLUTION NO. R-86-11 PASSED. a) & b) APPROVED conditions, RESOLUTION NO. R-86-12 PASSED. c) APPROVED as amended, RESOLUTION NO. R-86-13 PASSED. d), e) & f) APPROVED. g) REMOVED from the agenda. a) Mr. Henning read Temp. Reso. #3948 by title. Abraham Vehn, representative of Arriva Development, presented a check to the City Clerk in the amount of $13,553.40. Thelma Brown, City Planner, said the site plan indicates 5 town- house units located on 1/2 acre of land. She said the existing zoning is R-3 and does permit townhouse units. 22 / 1/10/86 /pm 1 1 Ms. Brown said the land is platted and has a legal description of Lot A, Woodland Lakes, Plat Book 71, Page 18 of the public records of Broward County. She said staff requests that if Council should approve this today, the developer be required to do the following: 1. Backfill and sod the median strip and extend the curb around the median. 2. The Water and Sewer Development Agreement should be attached. 3. The Water Retention Agreement be accepted. 4. The Blanket Utility Easement be accepted. 5. The Public Inress/Egress Easement be accepted. 6. The Traffic Signalixation Needs Fee of $140.00 be provided for. 7. The Future Traffic Need Fee of $760.00 be established. V/M Massaro noted that the fees noted above in 6 and 7 are includ- ed in the check just submitted to the City Clerk. V/M Massaro said the plan indicates that there is 6-inch curbing at the median and this must be extended to the other side of the median as well. She said it must be backfilled and sodded with Bahia grass because there is no sprinkler system in there. V/M Massaro asked the City Planner how far this must be extended and Ms. Brown said they must extend it to the existing curb which is there now. Mr. Vehn said they have no objection to that and he so indicated on the plan. V/M Massaro MOVED APPROVAL of Temp. Reso. #3948 with the additional conditions indicated, SECONDED by C/M Stein. YQTE : ALL VOTED AYE b) Ms. Brown said Landscape Plan indicates the following: 1. The shade requirement is 5 Black Olive Trees, 10 to 12-feet in height and interchanged 30-feet on center. 2. 5 Rosewood Trees planted 30-feet on center 3. 72 Glossy Privet hedges 30-inches in height, 24-inches on center. 4. 60 Ixora hedges 24-inches in height and 24-inches on center. 5. there will be a minimum of 5 additional shade trees on the east side 6. Flowering shrubs will be planted on the Lagos,de Campo side. 7. The Australian Pine Trees will be removed after the County is contacted for permission of removal. Ms. Brown noted that this Landscape Plan was approved by the Beautification Committee on 10/21/85. V/M Massaro MOVED that the Landscape Plan be APPROVED subject to the additional conditions noted, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) Mr. Henning said he reviewed the water and Sewer Developers Agreement and it should be amended on Page 4, Paragraph 2, indicating "Yes", the Guaranteed Revenues will start in 6 months. He said on Exhibit D, it should read, "total ERCs 6 water and 5 sewer". 23 1/10/86 /pm V/M Massaro MOVED APPROVAL of the Water and Sewer Developers Agreement, SECONDED by C/M Stein. VOTE• ALL VOTED AYE d) V/M Massaro MOVED APPROVAL of the Water Retention Agreement as submitted, SECONDED by C/M Gottesman. VOTE ALL VOTED AYE e) Mr. Henning read Temp. Reso, #3949 by title. V/M Massaro MOVED APPROVAL of Temp, es # 94 as submitted, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye f) Mr. Henning read Temp. Reso. #3950 by title. V/M Massaro MOVED APPROVAL of Temp. Res # 950 as submitted, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye. C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye g) Mr. Henning said the applicant has already paid the fee for funding future traffic and signalization needs and the final payment will be made at the completion of the Ordinance, there- fore, he felt this item was not necessary. V/M Massaro stated for the record that the payment has been made for the funding of the traffic improvements and signalizaton and if the Ordinance is not passed within 6 months, the money would be refunded. V/M Massaro MOVED to REMOVE this item from the agenda, SECONDED by C/M Munitz. VOTE• C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Melanie Reynolds, Charter Board Aide, asked if the fee paid by the developer included the Parks and Recreation Fee and V/M Massaro said yes, the amount was $2,862.00. 24 1/10/86 /pm LJ 1 PUBLIC HEARING 14. Investments of City Funds - Temp. Ord. #1233 - Discussion and possible action to amend Chapter 9 of the Code concerning allowable investments. Second Reading. SYNOPSIS OF ACTION: TABLED to a future meeting. Public Hearing was held. Mr. Henning read Temp. Ord. #1233, the 11/26/85 revision, by title. Mayor Kravitz asked Mr. Henning if this Ordinance was given to him through the Investment Advisory Committee and Mr. Henning said several weeks ago there was an item on the agenda for recommenda- tions by the Investment Advisory Committee. He said Council had directed the City Attorney and staff to take the Minutes contain- ing their recommendations to be incorporated into an Ordinance. He said this was done and is Temp. Ord. #1233. Ed Solomon, Chairman of the Investment Advisory Committee, said the statement made by the City Attorney is inaccurate since the recommendations were made months before Council authorized them to be incorporated. He said Temp. Ord. #1233 does not reflect the thinking of the Investment Advisory Committee. Mr. Solomon said the Committee requested the Disraelly Amendment be eliminated and he sees no signs of that in this Ordinance. He said they asked that it not be allowed that one person alone make a decision any longer. Mr. Solomon said he just received a copy of a letter sent to Mayor Kravitz by Oscar Tucker on 12/16/85 and he asked why this letter was withheld from the Committee. After reviewing this letter briefly, Mayor Kravitz said these are comments from Oscar Tucker concerning City investments and he questioned why Mr. Solomon felt this should have been given to the Committee. Mr. Solomon said he feels the Committee had a right to this information. Mayor Kravitz asked Mr. Solomon to give the Council a report on what the Committee wanted included in the Ordinance and Mr. Solomon said the Investment Advisory Committee never asked for the appointing of an administrative committee. V/M Massaro said she feels Mr. Solomon is saying that at one time the Investment Advisory Committee made certain recommendations to this Council to be included into an Ordinance to be prepared and Council authorized the City Attorney to prepare this Ordinance including these recommendatons. She said Temp. 0rd,.#1233. does not reflect these recommendations. V/M Massaro said it was indicated at the first reading of this Ordinance that this was to be reviewed with an amended Ordinance submitted to Council. C/M Stein said most of Council is not happy with .this Ordinance. Tape 5 C/M Stein said some time ago the Disraelly Amendment was approved taking away the right of Council to control the finances of this City. He said this has never been revoked and he feels before any Ordinance is considered, Council should take the power back to the Council. He said nothing should be done without a vote of Coun- cil. Mr. Henning said there was a 11/26/85 draft of this Ordinance and this is the draft being referred to today. He said Council requested the Mayor and he work on this Ordinance and on 12/31/85 he sent a memo to Council. 'i 25 1/10/86 /pm Mr. Henning said there were problems with many of the aspects of the Ordinance as it was written. He said whatever is passed can and will irradicate Section 9-1. He said this is in place of that Section, which is what is being referred to as the "Disraelly Amendment". Mayor Kravitz opened the public hearing. Henry Shulman, resident, said he has been on the Investment Advisory Committee since it began and he felt the "bonding" might not be sufficient and he felt this should be tabled for further input. Morris Sauner, member of the Investment Advisory Committee, said nothing is stated in the Ordinance concerning the longevity of the investment. He said it should be determined how far into the future the City wants to have the investment and this should be inserted into the Ordinance. He said there should be better internal control of the individuals who will be making the invest- ments for the City. Bernie Hart, resident, said in previous losses, the unaccount- ability was the fact that no one signed checks since they are electronically handled through computers. He said if there are no checks involved, then the City Charter should be amended. He said Section 1209 of the Charter specifies, "All bonds and checks shall be signed by the Mayor and the Manager." He said he would like to know if it is correct to transfer monies without checks being signed to afford accountability in the administration of the City. Mayor Kravitz said when the City purchases securities, the money is wired and, therefore, there are no signatures on that instru- ment. He said there are no checks. He said all checks that are issued, as was stated correctly, are signed by the City Manager and the Mayor. Mr. Hart questioned if the Charter should not be changed since it stipulates, "...all contracts or instruments to which this City is a party.... Mr. Henning said he agrees with Mayor Kravitz's explanation of wire transfers and he asked Mr. Hart to finish reading the rest of the sentence in the Charter. Mr. Hart contin- ued to read, "...all contracts or other instruments to which the City is a party shall be executed by the Mayor and attested by the Manager." He asked if there is an instrument being executed to lend or invest some of the City's money, should there not be something signed by the City Manager and the Mayor. Mr. Henning said a party is an individual in an agreement and a wire transfer is not necessarily an agreement. He said the Mayor and the City Manager sign all agreements, leases, contracts, etc. He said the wire transfers have been used more frequently since the Charter was passed but is not in conflict with the Charter. Mr. Shulman said he is a former partner of a New York Stock Exchange firm with 50 years of experience on Wall St. and concern- ing wire transfers, as long as the authority to transfer these funds are in proper order, they are identical to signing of a check. Mr. Henning said that is so. Frank Etheredge, Finance Director, said before he can make a wire transfer, the Mayor and City Manager must sign them. Mayor Kravitz said that is so now but was not so with the previous administration. 26 1/10/86 /pm , 1 Ll Vickie Beech, resident, said at no time did the Investment Advisory Committee request to have an administrative committee formed. She said the Investment Advisory Committee was formed with the purpose of giving advice and suggestions to Council but all authority was supposed to be with every member of Council being responsible for any investment that took place. She said this would repeal the Disraelly Amendment and designate the duties back to Council. Mrs. Beech said this should have taken immediate priority and should have been resolved before this. Mayor Kravitz said he attended an Investment Advisory Committee yesterday as liaison and he stated his feelings concerning this. He said at the conclusion of this public hearing, he is suggesting this be tabled for revision so that further input can be given. Jack Rowan, resident, referred to the second "Whereas" clause on Page 1 of Temp. Ord. #1233, which stated, "...is inadequate to insure the safety and maximize the return on the investment of City funds." He suggested the City only invest in issues from the U.S. Government or from the State of Florida as General Obliga- tions only. He referred to Section C and said he did not feel brokers are needed to invest in U.S. Government Bonds. Mr. Rowan referred to Paragraph H, "All negotiable instruments, receipts and other pertinent information shall be held in a fire proof bank vault for safe keeping and readily accessible to designated member...". He said he would like -to change that to "two designated members" with all reports given in writing and signed by the members. He said a physical inventory should be taken periodically and signed by the two members. Mr. Rowan said last year there was supposed to be approximately two million dollars in banks in Tamarac and he questioned whether any government official had actually counted this money. He said no one could give him an answer. He referred to Section 2 and said he does not feel a new Committee is needed since the Finance Director can handle this under the strict supervision of the City. He said he feels Pension Funds should not be invested in anything but U.S. Treasury Bonds and only with the permission of a representative of the Pension Board. Shirley Blumfield, resident, said since 1981, the responsibility of the Council concerning investments was removed and she suggest- ed this be given back to Council. She said even though monies are transferred electronically, there must still be responsible parties. Mayor Kravitz closed the public hearing with no further response. C/M Gottesman said he was surprised that many of the recommenda- tions made by the Investment Advisory Committee have not been incorporated into this Ordinance and he suggested that they should be. C/M Munitz said problems of a similar nature to the City's problems with ESM cannot be legislated against. Mayor Kravitz noted that the Council has been advised by legal counsel to avoid too much discussion on ESM since there is litiga- tion pending. C/M Stein left the meeting at 3:00 P.M. r, 27 1/10/86 I fr /pm Mayor Kravitz said he will call a Special Meeting with input from the City Attorney and, after that, he will call a Special Council Meeting for discussion of a new Ordinance. V/M Massaro said there have been conflicting recommendations, however, if the original recomnendations of the Investment Advisory Committee are adopted, it should be sufficient. She said the recommendation that the City invest in certain State General Obligations because the City Charter does not permit that. V/M Massaro said since the new Finance Director has been with the City, there has been investments in nothing but U.S. Treasury Bills, etc. She said the minutes of the Investment Advisory Committee should have been transcribed verbatim to enable the creation of an Ordinance that contains everything necessary. C/M Gottesman MOVED to TABLE this item to a future meeting, SECONDED by C/M Munitz. VOTE: ALL MTED AYE COMMUNITY DEVELOPMENT 23. MidPlaza - Discussion and possible action and review of traffic pattern shown on the site plan. SYNQPSIS OF ACTION: TABLED to the 1/22/86 Council meeting for the City Attorney to meet with staff and, if necessary, have an emergency meeting with the Planning Commission and the developer to reach a conclusion. Mr. Henning said the site plan was approved by Council a few weeks ago and, since that time, Council received a letter from representatives of the area requesting that the traffic on 79th Ave. be readdressed. He said this is the shopping center at the northwest corner of 57th St. and University Dr., which wraps around the area where the Post Office is and backs onto 79th Ave. Mr. Henning said this has been put on the agenda to allow the concerns of the residents to be aired and, hopefully, this meeting will provide a better understanding of what the development is about. Chief Building Official, Bob Jahn, said the site plan was approved at staff review on 11/22/85 and the Planning Commission Denied approval on 11/6/85. He said this went before Council and was approved on 11/27/85 with no conditions. He said the Landscape Plan was approved subject to the return of a plan for the Beauti- fication Committee to resolve the problem of Zackley's Restaurant regarding the color. He said that matter was returned to the Beautification Committee on 12/2/85 and was Tabled for additional information and was Tabled again on 1/6/86 at the request of the developer's representative. Mr. Henning asked Mr. Jahn to outline for Council the traffic access on 79th Ave. to the shopping center. Tape 6 Mr. Jahn said there are two entrances to the rear of the entire Project, which would be westerly opening onto 79 Ave. 28 1/10/86 /pm Mr. Jahn said the width of those two openings is 30-feet wide with the flare for the normal driveway hook. He said the other entrances for the project are on the westerly side of their property or just to the east of the Post Office on 57 St. He said there are also two entrances on University Dr. V/M Massaro said when this was approved, the main consideration for the ingress/egress on 79 Ave. was the consideration of the people, particularly, in Edgewater Village. She said in the letter from the representative of the residents, it indicates that women using tricycles use this street for access to shopping and that is what was being considered when those access points were recommended. She said people with tricycles and walkers would have access without exposure to heavily traversed areas, particu- larly, University Dr. V/M Massaro said in the fall of 1986, University Dr. is going to be rebuilt and widened which takes:a long time. She said the sewer lines, sidewalks, street lighting, traffic lights, etc. must be replaced and it would be hazardous to expose people, especially handicapped people, to this situation. She said it was felt that..ingress and egress without exposure to these dangers would be to the benefit of the people. V/M Massaro said the residents should have come in when these things. were being considered, and, since there was no opposition, Council did what they thought was for the best interests of the people. Sol Wish, resident of Edgewater Village, said he was at the original Planning Commission meeting during which this was dis- cussed -and he voiced his opposition to the traffic hazard that exists on 79 Ave. prior to this proposed development. He said there is a traffic problem at the Post Office because of traffic that cannot go south or north on 79 Ave. He said he does not feel these two driveways on 79 Ave. were put in for the benefit of the residents but, rather, for the deliveries by the Publix trucks. Rhoda Sobel, resident of -Edgewater Village, questioned how handi- capped,.people can use 79 Ave. with all of the heavy traffic that will be in that area. She also questioned how emergency vehicles will be able to get into this area. Roseann Goldgeld, Vice President of Edgewater Village, read a letter into.the record, -"As a representative of Edgewater homeowners,.we:wish .to add our voice to the protest of Midway Plaza's ingress and egress on 79 Ave. Our residents, as well as those of Fairways, Concord Village, Sands Point and neighboring communities use,79 Ave. as access to the wonderful bicycle path you provided for us as well as to the Post Office. Women using tricycles use this street. Handicapped using wheel chairs also use this street. We feel that an access road only 3 blocks long and 2 cars wide is not capable of handling any additional passenger and commercial -traffic. Especially with the existing problem of the Post Office entrance on 79 Ave. Consider what a .bottleneck would cause when an emergency vehicle attempts to enter Edgewater Village. Moreover, the present dangerous situation will be further aggrevated by the construction of the nursing home, which has no other option but to use 79 Ave. as the only access to their property. With the renewal of construction in Edgewater Village, we are on our way to becoming a community of 138 homes. 79 Ave. is our primary access road. Cars from the movies directly facing 79 Ave. with an entrance going into 79 Ave. would create an additional havoc on this street if access to Midway Plaza was permitted on 79 Ave.". 29 1/10/86 /pm J� "In the immediate area, Marshall's Plaza, Albertsons, Winn Dixie, Zayres, Family Mart and Publix all have entrances and exits on only two major thoroughfares with two four lane roads presently available, University Dr. and 57 St. for entrance to exit to Midway Plaza, we feel that the two lane street of 79 Ave., with vehicles going in either direction, would create a dangerous traffic situation. Let us not experience the tragedy of hind- sight, instead, use foresight to prevent this from occuring. We, therefore, appeal to your good officers to help rectify this impractical and potentially chaotic traffic pattern." Mrs. Goldgeld appealed to Council to consider this matter. She said when this matter came up previously, some of the people involved were away because of the Thanksgiving holiday and they were not aware of this until most of the people returned. V/M Massaro asked Jim Brady, representative for Midway Plaza, if there was a possibility of reconsidering this and trying to eliminate the ingress/egress at 79 Ave. Jim Brady said the people who are financially behind this project would have to answer this. question no. He said there are millions of dollars involved. He said the developer takes the position that this was approved by the City and they can begin building. Marvin Sobel, resident, said there are problems with the plan, such as, going along 57 St. a vehicle cannot make a left turn and go north because University Dr. at that point only goes south. He said anyone parked at the back of this area will be using 79 Ave. to get back to University Dr. and head north. Vivian Wish, resident, said this is a dangerous situation. Mr. Henning said he had discussions with Mr. Brady to see if something could be done through signage to satisfy some of the needs of the residents. He said he thinks this item should be tabled to the next regular meeting for staff review. V/M Massaro MOVED to TABLE this item to the 1/22/86 Council meeting for the City Attorney to meet with staff and, if necessary, have an emergency meeting with the Planning Commission. She said the developer should be at the meeting as well to determine a solution. SECONDED by C/M Munitz. Mayor Kravitz said discussion and possible action will be held at 11:00 A.M. at the 1/22/86 Council meeting. VOTE ALL VOTED AYE 22. Golf Villas at Sabal Palm - Discussion and possible action on: a) Revised site plan reflecting relocation of dumpsters - Temp. Reso. #3962 b) Substitution of a Letter of Credit for a cash bond posted as a homeowners warranty ,SYNOPSIS OF ACTION: RESOLUTION NO. R-86-14 PASSED. a) APPROVED as amended. b) DENIED. If they return with a Letter of Credit for 3 years, this may be reconsidered. r 30 1/10/86 /pm a) Mr. Henning read Temp. Reso. #3962 by title.. V/M two Massaro that are said there are two dumpsters that are relocated and simply angled. She said the angle has been changed to allow for servicing of the dumpsters. V/M Massaro MOVED APPROVAL of T m so #3962 amending the site plan,SECONDED by C,/M Gottesman. VOTE:.. ►�� 0 Ply.,V401 b) V/M Massaro said in the Letter of Credit the bank could cancel after one year if they elect not to renew the Letter of Credit. She said this cannot be accepted because this is a homeowners warranty and must be for three years. V/M.Massaro MOVED DENIAL of this Letter of Credit. Mr. Henning noted that some banks stipulate that they cannot give a Letter of Credit in excess of one year. V/M Massaro said she does not want the City to be in a position of monitoring these matters. V/M Massaro restated her MOTION by stating that if they come in with a three year Letter of Credit, this might be reconsidered. C/M Gottesman SECONDED the MOTION. Bruce:Jarvis, petitioner., said their primary lender will not issue them a Letter of Credit for a period longer than one year. He said in terms of his development, which is a straight rental, he does not believe what is being requested here meets the intent of that Ordinance as it was originally conceived. He said he is the owner of the project, therefore, whether the Letter of Credit is for one or three years, he is insuring himself. Mr. Henning said there have been two or three rental developments and they have questioned the HOW.bonds being required. He said after„reviewing the Code he,explained to them that under the City Code, the developers are required to have a HOW bond. He said owner/builders are only for single family homes and, in essence, Mr. .Jarvis is a builder for a multi --family home. V/M Massaro said rental can.become condominium in the future and the fact that this Letter of Credit is for three years is for everyone's protection including the City. She said that insures that the structural portions of this building are sound so that if there is a defect after the first year, there will be protection for the buyer. Mr. Jarvis said he has a Land Use Restriction Agreement which means that this project will remain as a rental for a period of 10 years. He said in the loan documents, this project cannot be sold fo,r a period of 5 years. He said he already has a 2 or 3% escrow with his lender for warranty items such as those mentioned. V/M Massaro said her understanding of the law concerning this project remaining rental for 10 years, if the owner were to obtain a conventional mortgage, it would not have to remain a rental project. VOTE_: ALL.VOTED AYE 31 r; 1/10/86 /pm 25. Jasmine - Discussion and possible action on: a) Model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy. b) Grant of Temporary Easement - Temp. Resos #3961 SYNOPSIS OF _ACTION: APPROVED a) and b). a) V/M Massaro MOVED APPROVAL of the model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for 6 months from 1/10/86. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3961 by title. V/M Massaro MOVED APPROVAL of Temp. Reso, #3961 giving the City an easement during the time of the temporary sales and administration office. SECONDED by C/M Munitz. VOTE ALL VOTED AYE EDITOR'S NOTE: A check was submitted to the City Clerk in the amount of $1,986.40 for Guaranteed Revenues from l/l/86 to 2/l/86. 26. Bayside at Isles „of_Tamarac - Discussion and possible action on: a) Amendment to the Water and Sewer Developers Agreement b) Model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy. c) Easement and Option Agreement in connection with the model sales facility - T-emp._Reso. #3934 (tabled from 1/2/86) SYNOPSIS OF ACTION: TABLED for sufficient information. Mr. Henning said the Water and Sewer Agreement was in the process of being defaulted and the developer has negotiated payment for the Guaranteed Revenues that were due in arrears plus additional money as a negotiated settlement in lieu of default. He said the total amount is $16,000.00 for 18 ERCs for single family homes. V/M Massaro said there should be a correction on Page 4 indicating that the monies only took care of the Guaranteed Revenues to December 1st. She said if that is amended to read that they owe the Guaranteed Revenues from the first of December, she MOVED Tape 7 APPROVAL and acceptance of the payment of $16,000.00 for the 18 ERCs to resolve the problem. She said they would then be in the position of having to immediately pay the 2 months of Guaranteed Revenues. C/M Gottesman asked the amount per ERC and V/M Massaro said they cost $1,640.00 per ERC. C/M Gottesman asked why they are only paying $16,000.00 for 18 homes and V/M Massaro said this is a compromise. She said there was a settlement with the other developer in the same project and there were problems as to how the default was handled. She said she feels this compromise is a reasonable solution without going to litigation. Richard Coker, representative of the same situation as previously with the Isles of Tamarac about 2 months ago. developer, said this is the owner of the rest of the 32 1/10/86 /pm At C/M Munitz's request, V/M Massaro restated her MOTION as follows: that Council accept the compromise settlement of $16,000.00 of December on 18 lst. ERCs and that the Guaranteed Revenues be due as She said this means that they are now in a 1 position to pay $477.40 for the Guaranteed Revenues. Mr. Henning said on Page 4 of the Agreement, Paragraph I--2, it states that this settlement is up to l/1/86 and this should state instead of "1/1/86" it will be "12/l/85". V/M Massaro said her MOTION is contingent on the Guaranteed Revenues being paid not later than 1/15/86 otherwise this is null and void. C/M Munitz SECONDED the MOTION. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Nay V/M Massaro Aye Mayor Kravitz Nay Mayor Kravitz noted that the 2-2 vote has not approved this and he suggested this be Tabled to the next regular meeting for further information. V/M Massaro MOVED to TABLE this item to the 1/22/86 Council meeting and then she WITHDREW her MOTION stating that she felt it is unfair to hamper the -developer from moving -forward. C/M Gottesman MOVED to TABLE a), b) and c) of this item for sufficient information, SECONDED by C/M Munitz. - VOTE: C/N Stein -Absent, C/M Munitz Aye C/M Gottesman Aye V/M Massaro Nay - Mayor Kravitz Aye 27. Arbors at Isles of Tamarac - Discussion and .possible action on: a) Renewal of a model sales permit and waiver of the 150-foot distance requirement fo.r issuance of cart.ificates of occupancy (tabled from 12/11/85) b) Substitution of a home warranty bond for a cash bond posted as a homeowner warranty SYNOPSIS OF ACTION: a) APPROVED for 6 months from 12/13/85 b) APPROVED. a) V/M Massaro MOVED renewal of the model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for 6 months, SECONDED by C/M Gottesman. VOTE: ALL VOTED AY b) V/M Massaro MOVED release of the $1,500.00 cash bond with accept- ance of the HOW bond in.its place.'.SECONDED by C/M Munitz. I� 33 1/10/86 /pm Chief Building Official Jahn said this is the normal homeowners warranty for three years. VOTE: ALL VOTED AYE LEGAL AFFAIRS x 15. vehicle Repairs - Temp_ Ord,_41236 - Discussion and possible action to create Section 15-8 of the Code to prohibit all motor vehicle repairs in residentially zoned areas. Second Reading. (Public hearing held 1/2/86) SYNOPSIS OF ACTION: TABLED to the 1/22/86 Council meeting for a revised Ordinance by the City Attorney. C/M Gottesman MOVED to TABLE this item to the 1/22/86 Council meeting for a revised Ordinance from the City Attorney, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 29. Executive Center - Performance ,j}ond -r Temp. Reso. #3959 - Discussion and possible action to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-86-17 PASSED. calling Bond No. B-47-35-01 in the amount of $37,839.75 if an extension has not been provided on or before 1/13/86. Mr. Henning read Temp. Reso. #3959 by title. Mr. Henning said during the construction process the property was sold an.d ,.b&,}received"`a Call from Everglades Paving following their receipt of a note from $ob.Foy, Deputy City Engineer, stating that ..their bond wi11 be called. He said Everglades Paving said they were released from their contract because they did not do the paving there. V/M Massaro MOVED to APPROVE Temp. Reso=.#3959, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE REPORTS 35. City Attorney Report - No report. 34. CityManager Report - No report. 33. City Council,„RePorts - No reports. COMMUNITY DEVELOPMENT 30. outhgete_Apartments (Cardinal Industries) - Perform- ance and - Temp. Reso..#3960 - Discussion and possible action to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: (See Page 11). APPROVED as amended RESOLUTION NO. R-86-18 PASSED. with an extension of the performance bond to 1/22/86. 34 1/10/86 V_ /pm 1 Jim Brady, representative of Cardinal Industries, said he brought Bob Foy, Deputy City Engineer, an extension of the bond yesterday until 1/22/86 with an amendment of the Bill of Sale, which was sent to him. V/M Massaro MOVED to RECONSIDER this item, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Mr. Henning said the surety bond can be called after it expires and the City will be protected. He suggested an amendment on Line 22 of the Resolution, instead of "January 13" it should be "January 20". V/M Massaro MOVED APPROVAL of Temp. Reso._#3960 subject to their producing a new bond on or before 1/20/86 or complete the nec- essary work and get a signed statement from the Engineering Department that it has been completed. She said if this is not done, the bond is to be called. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Mayor Kravitz adjourned the meeting at 4:20 P.M. AC&-.,2 �e- 01� tl MAYOR TTEST: CITY CLE This public document was promulgated at $12.52 per copy, to inform the general and employees about recent opinions and Council of the City of Tamarac. a cost of $148.44 or public and public officers considerations by the City CITY OF TAMARAC A RAVED Afi MEETING OE / City Werk 35 1/10/86 /pm ATTACHMENT 1 - Regular City Council Meeting on 1/10/86 - Item 37 - Public Works Department Mower - Budget Transfer CIT-Y OF TAMARAC • DEPARTMENTAL BUDGET ALLOTMENT REVISIONS D, . T E : 1/3/86 FUND: GR*P.A]', FUND TRANSFER FROM: ,ACCOUNT NUMBER NAME i 001-872--581-901 I CONTINGENCY ACCOUNT NUMBER NAME 001-131-541-640 1 P.W. VEHTCLES PREVIOUS TRANSFER ALLOTMENT BALANCE AMOUNT BALANCE l 122,100 1122,100 [9,333-00 112,767 TRANSFER TO : DEPARTMENT PUBLIC WORKS - STREETS CITY MANAGER.. REV. 9/85 /pal PREVIOUS TRANSFER (ALLOTMENT BALANCE AMOUNT BALANCE f - - - 0- T- 0333.00 9,333.00 DEPART. HEAD SIGNATURE FINANCE DIRECTOR CITY COUNCIL ATTACHMENT 2 - Page 1 of 2 - Regular City Council Meeting on 1/10/86 Item 10 - Utilities East and West (Projects 84-21 and 85-4 C I T Y O F T A M A R A C INTEROFFICE MEMORANDUM 8601-6003 TO: Larry Perretti Acting City Manager FROM: Peter Procopio, Deputy Utilities Engineer SUBJECT: Agenda Item for TUE and TUW Pump Stations DATE: January 6, 1986 (6581) COPIES: City Clerk; Finance Director; Vice Mayor Massaro #CI86-12 ------------ ------------------------------------------------ will #84-21 (5) TUE Pump Stations 2E, 3E, 4E, 5E and 6E #85-5 (9) TUW Pump Stations (Woodlands) 15, 15A, 15A1, 15AM 15B and 15B1; plus Pump Stations 1, 19 and 26 located outside of Woodlands. TUE Work Authorization No. 028 dated 12/30/85 is in an amount not to exceed $10,000. TUW Work Authorization No. 029 dated 12/30/85 is in an amount not to exceed $16,600. Both Work Authorization No. 028 and 029 have stipulations that the fees for either work authori- zation will be increased if there is a delay in excess of thirty (30) days by Council in approving both contracts. Assuming Council.approves both Work Authorizations, at the same time, the work will be performed for a total of $26,600 at established rates and charges. The costs incurred for this work will be distribu- ted from the fallowing accounts: $10,000 - TUE Account #417-301-5367659 that has a balance of $150,000. $10,790 - TUW Account #432-367-538-656- Pump Station Modifications (CIAC), that has a balance of $227,500. ($16,60OX65% = $10,790) ATTACI-RIENT 2 - Page 2 of 2 - Regular City Council Meeting on 1/10/86 Item 10 - Utilities East and West (Projects 84-21 and 85-4) INTEROFFICE MEMORANDUM: 8601-6003 Aqendize by Consent TUE and TUW Pump Stations January 6, 1986 Page 2 $ 5,810 - TUW Account #E428-367-535--656, Pump Station Modifications R&R, that has a balance of $122,500. ($16,600X35% = $5,810) We recommend that Council authorize placing both work orders for TUE and TUW Pump Station Modifications with Williams, Hatfield and Stoner in accordance with the above listed Information and attached work orders. Peter Procopi ,(u� PP:Pal ATTACHMENT 3 - Regular City Council Meeting on 1/10/86 Item 12 - Utilities West (Project 85-7) - Wellfield Protection Facilities TAMARAC UTILITIES WEST Ls OPERATIOIVS DEPT,7805 NORTHWEST 6151, STREET- TAMARAC, FLORIDA 33321 TELEPHONE:726-2300 January 9, 1986 #CI86--19 James M. Montgomery Consulting Engineers, Inc. Sunrise Professional Center, Suite 208 5975 West Sunrise Boulevard Fort Lauderdale, Florida 33313 Attention: Mr. Dave Smith Subject: City of Tamarac - TUW Project No. 85-7 Wellfield Protection Facilities Gentlemen: Per our telephone conversation of this date, you are directed to break up Bid Item Al, as shown on Page BF-3, into two parts: Part 1 will be the containment only for the existing tank. Part 2 will be the new 2000 gallon tank, the containment for the new 2000 gallon tank, and the interconnecting piping of the existing tank and the new tank. The Addendum should read that City Council has the right to delete either or both parts of this Bid Item IA, as sub divided above, without affecting the remainder of the bid proposal. PP: paI OC: City Manager City Clerk Vice Mayor Massaro Very truly yours, CITY of TAMARAC Peter Procopio, P. E. Deputy Utilities Engineer