HomeMy WebLinkAbout1986-01-28 - City Commission Regular Meeting MinutesMAIL REPLY TO:
P.O. Box 25010
,TA"AIIAC, FLORIDA 33320
Is
5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722.5900
January 23, 1986
NOTICE OF
RECONVENED CITY COUNCIL MEETING
There will be a Reconvened City Council meeting on Tuesday,
January 28, 1986 at 10:00 A.M. in the Council Chambers of
City Hall, 5811 NW 88 Avenue, Tamarac.
The items remaining from the Council Agenda of January 22,
1986 to be considered are as follows:
11. Broward League of Cities Business - Discussion and
possible action.
12. NoXthLygst Council s Business -- Discussion
and possible action.
14. Utilities - Bid Award - Temp. Reso. 13966 -
Discussion and possible action to award a bid for
fabrication of a jet rodder.
15. Utilities West - Sanitary Sewer Rehabilitation
(Project 84-4) - Discussion and possible action on:
a) Payment to Florida Testing & Engineering Co. in
the amount of $484.00.
b) Progress Payment #8 to Interstate Pipe Mainten-
ance in the amount of $52,534.10 - Temp_. Reso..
#3965
17. Utilities West - Wells 20 through 24 (Project
86-4) - Discussion and possible action on a budget
amendment necessary to fund this project.
19. Utilities - North District Regional Wastewater
Advisory Board - Temp. Reso. #3968 - Discussion and
possible action to appoint one regular and one
alternate member to this board.
22. Veh-icle_Repairs - Temp, 0 d. #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) (tabled from 1/10/86)
24. ESM Litigation - Discussion and possible action on
payment of the following invoices:
a) Invoice from Morgan, Lewis & Bockius
b) Three invoices from Peterson & Company
c) Two invoices from English, McCaughan & O'Bryan
(tabled from 1/10/86)
25. Charter Amendments - Temp. Reso. #3972 - Discussion
and possible action to direct that Charter
amendments be transmitted to the Florida Secretary
of State within a specific time period.
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1/28/86
26. Qccupational Licenses - Temp. Ogd. #1„218 -
Discussion and possible action to modify Occupa-
tional License tax classifications and fees. Second
Reading. (Public hearing held 11/13/85) (tabled
from 1/10/86)
29. -Plosram Unde w iters Building - Bond Release -
em eso 76 -- Discussion and possible action
to release a performance bond posted for public Is
improvements.
35. �L.s.kes Plaza - Discussion and possible action on
the dumpsters.
39. 11niver,sity Community Hospital - Discussion and
possible action on:
a) Disposition of a warranty bond posted for public
improvements - Temp, Reso. 3973
b) Release of a performance bond posted for parking
lot improvements Temp, Reso,3974
40. Woodmont Tr ct 74 5 - Warranty Bond - Temp.
Reso. #3975 - Discussion and possible action on
disposition of a warranty bond posted for public
improvements associated with Site Plan 2, Phase 1.
42. W odmont ct 7 -C _(Pineg=ePark) - Model
.Sales Facility - Discussion and possible action on
renewal of a model sales permit.
43. Woodmont Tract 48 (Wat_rford at Woodmont) - Model
Sales Facilit - Discussion and possible action to
renew a model sales permit and waiver of the 300-
foot distance requirement for issuance of
certificates of occupancy.
44. Tree ouse-A ar.ments - Model es F c'1' —
Discussion and possible action to renew a model
sales permit and waiver of the 300—foot distance
requirement for issuance of certificates of
occupancy.
45. California F d r l v' s Loan - Tempoar
CC ,tmercial StXuct_ure - Discussion and possible
action to renew a permit for this trailer.
46. it ounc'1 Reports
47. City Manager Report
48. City_ Attorney_ Report
The City Council may consider and act upon such other busi-
ness as may come before it.
The public is invited to attend.
9
Carol E. Barbuto
Assistant City Clerk
Pursuant to Section 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, he will need a record of the proceedings and for such
purpose, he may need to ensure tl,, t ;.i ;�; � ,: ; r2co rcl :nrludas
the testimony and evO,:= r.:
PAGE 2
1/28/86
CITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
JANUARY 28, 1986
Tape CALL To ORDER: Mayor Philip B. Kravitz called the meeting to or--
1 der on -Tuesday, January 28, 1986 at 10:00 A.M. in the Council
Chambers.
ROLE, CALL:
PRESENT
A$ ENT AND EXCU ED•
AL aQ PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
C/M Arthur H. Gottesman
C/M Raymond J. Munitz
C/M Sydney M. Stein
Larry Perretti, City Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City Clerk
V. Diane Williams, Secretary
MENT OF MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz
called'for a Moment of Silent Meditation followed by the Pledge of
Allegiance.
�1. tnd_Use Plan P,gendment - Discussion and possible action
SY OP I F AA TIO :
Agendized by consent (See pages 10 - 12)
V/M Massaro MOVED to agendize by consent the land use plan amendment
for Land Section 7. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
62. AcceRtance f Bid Aw d or tellit ec eat' n uild'n -
Discussion and possible action
Y P I OF ACTION:
Agendized'by consent (See page 12)
C/M Gottesman MOVED to agendize by consent the acceptance of a bid
award for electrical work for the Satellite Recreation Building.
SECONDED by V/M Massaro and asked that discussion be held near the
end of the meeting.
UTE L VOTED AYE
63. Acceptance of Grant for Tamarac Veterans -Park - Discussion and
possible action
SYNOPSIS_.OFACTION:
Agendized,by consent (See pages 12 & 13)
Thye-City Manager informed that the paperwork was being prepared and
t:he Department of.Natural Resources would not allow acceptance of a
partial bid on Veterans Park. He said if the City did not accept
the entire bid of $19,840, they would have to resubmit the paperwork.
V/M Massaro MOVED to agendize by consent acceptance of the grant.
SECONDED. by C/M Gottesman.
VOTE: ALL VOTED AYE
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64. Invoice for Independent_Medicgi_Exam - Discussion and possible
action
SYNQPSIs„OF ACTION:
Agendized by consent (See page 13)
C/M Gottesman MOVED to agendize by consent an invoice submitted by
Dr. Matthews which is considered a Pension expense. SECONDED by
C/M Munitz.
VOTE: ALL -VOTED -AYE
65. Maintenance gf Woodmont's Swa,,les and Medians - Discussion and
possible action
SYNOPSIS F ACTION:
Agendized by consent (See pages 13-18)
V/M Massaro MOVED to agendize by consent a memo from the City
Attorney regarding the maintenance of Woodmont's swales and medians.
SECONDED by C/M Gottesman.
V TE:
ALL VOTED AYE
45. California -Federal avin s & oan - Tem orar C mmercial
Structure - Discussion and possible action to renew a permit
for this trailer
SYNOPUS OFACTION:
APPROVED renewal of trailer permit
V/M Massaro stated that this trailer was an emergency shelter be-
cause they had lost their lease; however, they are in the process
of constructing a new building. The Vice Mayor MOVED that this per-
mit for the commercial trailer be renewed for an additional six (6)
months. C/M Gottesman asked the location of the trailer. C/M Muni
said the backup indicated the address was 6180 Rock Island Road.
SECONDED by C/M Gottesman.
VOTE: ALL YQTED AY
11. Browa d League of Cities Business - Discussion and possible
action
SYNOPSIS -OF ACTION:
Mayor Kravitz gave�a report.
Mayor Kravitz reported the minutes were distributed and contained
discussions on solid waste, smoke alarms, reference to -pulling
permits on Southern Bell, the Metropolitan Planning Organization
(MPO), and the 1986 legislative session under old business. He
said, under new business, discussions were held on the home day care
centers, the general meeting scheduled for February 20, duplicating
machine purchase, the March meeting, fire services and Broward Day
1986 in Tallahassee.
12. Northwest Council _Qf_Mayors Business - Discussion and possible
action
SYNOPSIS OF ACTION:
Mayor Kravitz gave a report.
Mayor Kravitz reported that the City has had many problems concerni
insurance but they were able to obtain liability insurance for
another year. He said he had placed on the agenda, for the second
Tuesday in February, discussion on insurance. The Mayor said he had
invited the Insurance Committee, including Judy Deutsch who handles
insurance for the City, to attend this meeting. Mayor Kravitz said
he hoped all the mayors would address the issues of whether to pursue
the matter further in Tallahassee, whether they want to become co-
insurers or whether they want to become self insurers.
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He said the other topic that will be discussed is Parks and
Recreation because they are attempting to unify what all the parks in
the ten cities are doing. Mayor Kravitz stated that Tamarac is now
charging for certain services offered within the parks, and the
revenue generated will defray the costs of operating the parks.
V/M Massaro asked what were the committee's plans regarding
recreation fees. Mayor Kravitz stated that he and the City Manager
had received the input from questionnaires that were sent to the
other nine cities and the information was correlated. He said,
after additional study, they will try to unify the services offered
by all the parks and will be presented to Council. Mayor Kravitz
announced that the next meeting will be held in Parkland.
14. -Utilities - D. d Award - Temp, Reso.66 - Discussion and
possible action to award a bid for fabrication of a jet rodder.
SYNOPSIS F ACTION:
TABLED to next regular meeting for
proper information from Finance Director
Mr. Henning read Temp, Reso, #3266 by title.
C/M Gottesman referenced the bid form in which they proposed to re-
habilitate the jet tank truck and asked Mr. Foy if that was part of
the jet rodder or would they rehabilitate the entire equipment.
Mr. Foy, Deputy City Engineer, said the vehicle which carries the jet
rodder has to be rehabilitated as well as part of the jet rodder. He
said it was the general structural repair of existing equipment.
C/M Gottesman MOVED that Temp, Res-Q.3 66 be ADOPTED and the award
made as per bid specification and the transfer of funds is in
accordance with the backup attached to the bid. He said it was a
transfer from account #425-380--002 Utilization of Retained Earnings
and the previous allotment was $654,889.00 and the transfer amount is
$7350.00 leaving a balance of $662,239.00. He said item 428-399-432
involved a transfer from the 428 fund, and the previous allotment was
$290r987 and the transfer amount was $7350 leaving a balance of
$298,337. The City Attorney said it appeared to him that the Finance
Department was deducting $7350 from two different accounts. The Vice
Mayor said she did not understand it and SECONDED with the under-
standing that action would be held until later in the afternoon. The
Vice Mayor asked Mr. Foy if this was something of an urgent nature.
Mr. Foy said it should be taken care of but a couple of weeks would
not be critical. The City Attorney said the bids were good for sixty
(60) days. The Vice Mayor WITHDREW her SECOND (C/M Gottesman's
Motion died for lack of a second) and MOVED that this item be TABLED
to the next regular meeting for receipt of proper information from
the Finance Department. SECONDED by C/M Munitz.
VOTE:
15. Ilt_.lit,,i2 s - n' r &habilitation (Pro' t 86-4 --
Discussion and possible action on
a) Payment to Florida Testing & Engineering Co. in the amount
of $484.00.
b) Progress Payment #8 to Interstate Pipe Maintenance in the
amount of $52,534.10 - TempReso. #3965
SYNOPSIS, QF ACTION:
a) Approved $484.00 payment to Florida
Testing & Engineering Co.
b) APPROVED RESOLUTION NO. R-86--37 PASSED
a) Mr. Bob Foy said this was a progress payment for rehabilitation of
& the Sanitary Sewer System and the testing was part of that. He said
b) Engineering specifies when they want tests and, if the tests are
satisfactory, they are paid for in accordance with the contract.
The Deputy Chief Engineer said the $52,000 requested is a progress
payment that has been properly documented and he recommended that
the payments be made.
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a)
The Vice Mayor MOVED APPROVAL of the payment to Florida Testing to be
charged to account #434-508-597-324 and the remaining account balance
is $347,947.83. SECONDED by C/M Gottesman.
b)
VOTE:
ALL VOTED AYE
The.City Manager read Temp_._Reso. #3965 by title.
V/M Massaro MOVED the APPROVAL of Temp. Reso, #3965 which is pay-
ment to Interstate Pipe Maintenance Company in the amount of
$52,534.10 charged to account 434-508-597-324 and the balance is
$347,947.83 less the $484.00 previously approved. SECONDED by
C/M Gottesman.
UTA : ALL . DTED AYE
19. Utilities - North District Regional _Wasteyjater dvi prY
_Q_grd - Temp. Rgso.- Discussion and possible action
to appoint one regular and one alternate member to this board.
Y P T F CTION•
APPROVED RESOLUTION NO. R--86-38
Mr. Henning read TeMp, Resg. #3968 by title.
PASSED
The City Attorney explained that this advisory committee sits at the
North District Plant on Copans Road and Powerline regarding the large
users of the wastewater treatment system. He said the resolution
proposed that the Utility Director would be the voting member for the
City of Tamarac and that the City Manager would be his alternate.
C/M Gottesman MOVED that Temp, Rego. #3968 be ADOPTED. SECONDED
by V/M Massaro.
M0—W RE
ALL TE YE
22. yehigle 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) (tabled from 1/10/86)
SYNOPSIg QFACTION:
APPROVED on Second Reading ORDINANCE NO. 0-86--7 PASSED
Mr. Henning read Temp. Ord. #1236 by title.
V/M Massaro MOVED the ADOPTION of Temp —Ord. #123A as revised on
1/27/86. SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
The City Attorney said the new language was in paragraph c) on the
second page and the penalties are now at $100.00 per violation.
24. ES Litigation - Discussion and possible action on payment of
the following invoices:
a) Invoice from Morgan, Lewis & Bockius
b) Three invoices from Peterson & Company
c) Two invoices from English, McCaughan & O'Bryan
(tabled from 1/10/86)
SYNOPSIS_ OF ACTION:
TABLED to the next regular meeting
The City Attorney said the tabled items were the public body group
bills tabled for an up--to--date bill from Morgan, Lewis & Bockius a
a status report. He said the bill from Morgan, Lewis & Bockius was
received and distributed to Council; he said the total bill was
$140,553.00. The City Attorney said the arrangement, reached with
the attorneys, the Mayor and himself at a conference a few weeks
ago, was that in the light of budgetary restraints, they are not
requesting full payment, only $75,000. He said there were many
reasons why the attorneys were not writing this off because, ob-
viously, they felt they were entitled to the money, and the City
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was suing for attorneys' fees. Mr. Henning said Council, was pro-
vided backup through attorney/client privileged invoices
and stated
that they felt entitled to keep them out of the public records.
The Alexander Grant Case, according to Mr. Henning, was the most
active, at the moment. He reported that the judge has set dis-
covery or depositions three weeks out of the month and four days a
week so that all the people who need to be deposed will be taken
care of as quickly as possible. The City Attorney said a consul-
tant from the public body group was hired known as Peterson &
Company to assist in the preparation from the financial end of the
case. Unfortunately, stated Mr. Henning, the bill only covered the
period up to December 1; however, the amount was larger than the
public body share and they were the ones tabled pending a report.
V/M Massaro said she did not understand what the City was obliged to
pay. She stated,
from what they were told initially, it did not ap-
pear to be as great as it is now, and requested an explanation of the
City's payment obligation because the
amounts that have been sub-
mitted by the attorneys do not coincide with what she understood the
City was obligated to pay. The City Attorney said, regardless of
what the numbers
are as far as the public body group is concerned,
the City is paying the eight and a fraction per cent of the balls
because they are sharing the expenses. Mr. Henning said a lot of
travel was involved on the part of the attorneys, and that Peterson
& Company, as he
understood it, was an accounting firm based in
New York who have a number of their employees working with the City's
attorneys and whoever is working on the public body group, which is
English, McCaughan & O'Bryan,
and Morgan, Lewis & Bockius, who are
consultants to the group.
C/M Munitz asked if the percentage was based on the amount of money
each has involved in the
account. The City Attorney stated there was
a weighted percentage and the City's share is 6.76. He said it
was
broken down into a one person, one vote --type which would bring them
down to
11%. Mr. Henning suggested that Council ask the attorneys
to
provide them with a status report or a telephone call because they
have questions for which he
cannot provide the answers. He stated
that they have discussed with them many times to keep things at a
minimum as much as possible; however, they do have an obligation to
the City to it
pursue vigorously. The Vice Mayor asked of they had
provided a
maximum amount of which they would have to pay the eight
plus percent of that. The City Attorney said he recalled an esti-
mate of $250,000.00 and the City has expended
approximately
$290,000.00 to date.
V/M Massaro asked if there -was duplication of services in comparison
with Mr. Tew's efforts.
Mr. Henning said the lawyers will state that
Mr. Tew did direct monies into the bankruptcy estate but that it
was
this public body group which pressured him into making an interim
payment which is unusual in a case like this. He said the public
body
group and the City's attorneys take credit, not so much for
gathering the dollars, but for getting them
released. The City
Attorney reminded Council that there were three cases: the ESM case,
which is the bankruptcy case, the liability charges against Alexander
Grant, and Bradford Trust.
He explained that, in the bankruptcy
case, Mr. Tew is the trustee appointed by the Court who is trying to
gather as many assets as possible for the bankruptcy proceedings, and
the City will get in line
with everybody else and try to obtain its
fair share. In the Alexander Grant case and the Bradford case, he
said the City has their own individual claims and are suing them.
The City Attorney said, because of their
lawsuit, Tom Tew is also
suing Alexander Grant. He said the question was recovery from any
and
all of the cases.
C/M Munitz reiterated that
Council must guard against duplication
of efforts where
many people are doing the same things and many
people are paying for basically the same service.
He said there
could be a well of information which would be available to everyone
who was in a similar position which is what the percentage portion
is and this would
remove the possibility, as much as possible, of
duplication of expense by many
people for actually the same services.
The City Attorney responded that is what these
nine groups have done
and that is the reason for the public body group. He said the City
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was only paying approximately 8.9% of the public body group.
C/M Gottesman said that meant the City was paying more than one
person to do the same work. The City Attorney asked him to clarify
his question. C/M Gottesman answered that the City was paying
Bockius and English, McCaughan & O'Bryan. English, McCaughan &
O'Bryan, commented Mr. Henning, were Pompano's attorneys who were
doing work not done by Morgan, Lewis & Bockius at a 90% discount to
the City. Mr. Henning said the other bill was for the accountants.
C/M Munitz asked who appointed the accountants. Mr. Henning ans-
wered the public body group agreed on them after an interview of
several firms.
V/M Massaro asked the total of the three bills involved today.
Mr. Henning supplied the individual amounts and the Vice Mayor
computed the total as approximately $17,646.00. She said if it
were $250,000 as estimated and the City deducted 9% of the total,
it would be $22,500 and the City was already up to $17,670 with the
first bill presented by the attorneys. The City Attorney stated
that they had paid other bills and informed that another one would
be coming. She asked if the $250,000 figure given by the attorneys
meant anything. Mr. Henning said they have surpassed the figure.
V/M Massaro said she would like to study the bills submitted and
to determine if the City is paying for duplication of effort.
The City Attorney referenced the December 11 and October 31 bills
from English, McCaughan & O'Bryan and stated that in December
another group joined the public body decreasing the City's per-
centage to 8.36. He said for that period of time the bill was
$3,333 plus a lot of costs and the total fees and costs is approxi-
mately $5500 of which the City is paying $489.00. Mr. Henning said
he felt that was reducing the duplication. He said the total bill
for December 11 was $4225.00 and of that, the City is only paying
$369.90. The City Attorney said the theory behind this was elimi-
nating the duplication of activity and relying on people who have
a common interest. He said he was not sure that the City needed
to rely on Tom Tew because he may have a conflicting interest in the
case but reminded Council that the nine groups have the same
interest. The City Attorney suggested that the two smaller bills
submitted by English, McCaughan could be paid without reservation.
C/M Munitz said the stationery for Peterson & Company does not indi-
cate them to be certified public accountants. V/M Massaro agreed
with the City Attorney's suggestion that the two smaller bills from
English, McCaughan be paid and asked Council to give more thought to
the larger bills. C/M Gottesman said explanations were needed from
the Finance Director as to what the City is paying and to whom. He
asked who was Carlton Fields. The City Attorney said Carlton Fields
was an attorney from Tampa who is representing one of the public body
groups. C/M Munitz stated that Carlton Fields selected Peterson &
Company according to the letter. Mr. Henning said they were the ones
selected to garner the payments through.
C/M Munitz asked the City Attorney if he felt it was appropriate for
Council to meet in Executive Session with Morgan, Lewis & Bockius
because Council has a lot of questions that he cannot answer. The
City Attorney suggested that he set up appointments for Council to
meet with them individually. Mayor Kravitz stated that would cost a
lot of money. C/M Munitz suggested that the meeting be with all of
Council at one time as it would be cheaper. The City Attorney said
he was not certain they could do that but informed that he would
investigate the possibility. The Vice Mayor said they could if there
was a special meeting. Mr. Henning said the question would be
whether or not it should be open to the public and whether the
attorney/client privilege could be extended to a meeting and doubte
that it could be done.
V/M Massaro stated that Council needed to study the report submitted
by Morgan, Lewis & Bockius for which they are billing for $140,000
and are asking for $75,000. V/M Massaro MOVED that the bills of
English, McCaughan and O'Bryan be paid and that the invoice of
Morgan, Lewis & Bockius and the three invoices from Peterson &
Company be TABLED in the hopes that Council can develop pertinent
questions to determine whether it is client privileged.
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Mayor Kravitz questioned payment of the two small bills noting the
October 31 bill for $5478.96 for which the percentage used was 8.94.
He said the December 11 bill for $4424.65 was pro rated at 8.36
because new people joined the public body
rouand
the City did not receive a credit for the first billgtosbring dithy
down to the 8.36 and the new people that came in can pay their pro-
portionate share. C/M Munitz said the expenses were made while the
percentage was larger and the percentage was not changed until the
work was done with this additional person added to it. Mayor Kravitz
said he did not feel that it should be paid at this time.
The Vice Mayor WITHDREW her MOTION to pay the two smaller bills and
MOVED that the entire item be TABLED. The City Attorney asked the
Mayor if he was suggesting a buy back to 8.36. C/M Gottesman said
the new claimant was benefitting from it. Mayor Kravitz said the
tabling action would give them sufficient time to study the bill and
inform the City Attorney of suggestions by Council so that he can
take the proper direction. V/M Massaro reiterated the MOTION to
TABLE the item to the next regular meeting. C/M Munitz advised
Council to accept the fact that to get the answers needed, it is
going to cost money and address the question as to how they can
obtain the information at a minimum of cost. SECONDED by C/M Munitz.
m ALL MTED AYE
25. Charter & nd tents - T_eMR, He§sL #3
Possible action to direct that Charter amendmentsbeto the Florida Secretary of State within a specific
SYNOPgiS OF ACTION:
APPROVED RESOLUTION NO. R--86-39
and
transmitted
time period.
PASSED
Mr. Henning read Temp, Resg,3 7 by title.
The Vice Mayor said this resolution would close what she considered
the loophole that the City Clerk had no direction as to what was ex-
pected of her. She said it would require her to send the amendments
within five working days. V/M Massaro MOVED the ADOPTION of Z=p:
Reno* 2- SECONDED by C/M Gottesman.
Melanie Reynolds, Aide to Charter Board, felt there was too much for
the City Clerk to do concerning the amendments.
She said
required, at Present, is that the ordinance be transmittedall andthat not is
the Charter, codification or results.
said
resolution required the transmittal of the amendmentronly. theonly.City
Attorney stated whatever was on the ballot would be transmitted to
Tallahassee. Ms. Reynolds said she did not like the idea of sending
the results because they were not needed in the Charter. The City
Attorney said the history was needed because it was of great use to
many people such as the attorneys and the courts. He said it has a
valid purpose because the election means nothing until the results
are certified and it is the certification of the results that
validates the ballot question regarding the Charter amendments.
He said he disagreed with her and that the City has to send the.
certified results to the Secretary of State. Ms. Reynolds said that
was acceptable but they do not need to be included in the Charter.
He said the City does not put the certification results in the
Charter.
Y9TE AL VOTED AYE
26' c t' ses - d #1218 --
Discussion and possible action to modify Occupational License
tax classifications and fees. Second Reading. (Public hearing
held 11/13/85) (tabled from 1/10/86)
Y FATIO :
APPROVED ORDINANCE NO. 0•-86-8
PASSED
Mr. Henning read TeMpLd 1 8 by title.
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V/M Massaro said she had tabled this item several times for further
research on the license for rental units and was now satisfied that
it has been researched thoroughly. She said there are no changes
that can be made, legally; therefore, she MOVED that T-emp._Ord=
#_121B be ADOPTED on SECOND AND FINAL READING. SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
29. Program Undp;;writerg building -- Bond Release - Temp.
so _-3276 - Discussion and possible action to release a
performance bond posted for public improvements.
SYNOPSIS_ OF ACTION:
APPROVED RESO. NO. R--86--40 PASSE
The City Manager read Temp. Reg. #3976 by title.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #3976. She said the
cash warranty bond has been posted and the additional engineering
fees have been paid. SECONDED by C/M Gottesman.
VOTE: ALA VOTED AYE
35. 3 Lakes Plaza -- Discussion and possible action on the dumpsters
_SYNOPSIS OF ACTION:
APPROVED report by Bob Jahn
Bob Jahn, Chief Building Official, stated he had received the certi-
fication from a registered surveyor as to the number and size of the
parking spaces and it was satisfactory to him and has been placed in
the Master File. Mr. Jahn reported that adequate progress has been
made on bringing the dumpster containers up to the present Code.
Mr. Jahn said three new dumpsters have been installed, and he recom-
mended approval. V/M Massaro stated that the Chief Building
Official has indicated that the parking spaces count on the plan and
the site are accurate and MOVED ACCEPTANCE of Mr. Jahn's report.
The City Attorney said this item was bonded and Council had
requested and received a status report from Mr. Jahn. The Vice
Mayor said the bond must remain until the work has been completed on
the dumpsters and MOVED that the bond remain until the work has been
COMPLETED and APPROVED by Bob Jahn. SECONDED by C/M Munitz.
VOTE:
I81+.
39. Uniy_ersity_ _Qmmunity_ Hospital - Discussion
action on:
a) Disposition of a warranty bond posted
ments - Temp, Reso:__43973
b) Release of a performance bond posted
improvements - Temp. Reso. #3974
SYNOPSIS OF ACTION:
a) APPROVED
b) APPROVED
a)
b)
RESO. NO. R-86-41
RESO. NO. R-86--42
and possible
for public improve -
for parking lot
PASSED
PASSED
Mayor Kravitz stated, according to the City Attorney, there is no
conflict of interest caused by his position as trustee of the hospi-
tal, and he would vote accordingly.
Mr. Henning read Temp. Reso. #3973 by title.
V/M Massaro MOVED ACCEPTANCE of Temp. Reso. #3973 and if the work i
is not completed or if the bond is not extended before January
the bond will be called. SECONDED by C/M Gottesman.
Y_OTE:
ALL YOTED AY
Mr. Henning read Temp_._ Reso._ #3974 by title.
V/M Massaro said the bond would be released
because the work was completed two years ago
F
without a warranty
and MOVED the ADOrION
1/28/86
/vdw
of Temp, Reso,_#397.4 for the release of the performance bond and
not requiring a warranty bond. SECONDED by C/M Munitz.
1
1
YOB:
40. Woodmont Tract 74/75 - Warranty Bond - Temp. es#3975
Discussion and possible action on disposition of a warranty
bond posted for public improvements associated with Site Plan
2, Phase 1.
SYNOPSIS-OF,ACTION:
APPROVED RESO. NO. R-86--43 PASSED
The. City Manager read Temp, Reso,_#3975 by title.
V/M Massaro MOVED the APPROVAL of Temp. Reso, #3975. She said the
work has been completed and the warranty bond should be released.
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
42. Woodmont Tract 72-C (Pineapple Park) - Model Sales FsIcility.
Discussion and possible action on renewal of a model sales
permit.
SYNOPSIO OF ACTIOj:
APPROVED six-month renewal of model sales permit;
TABLED consideration of waiver to the next regular
meeting for forms from residents within the waiver area
The Vice Mayor asked Mr. Jahn if he had checked the 300-foot
distance to determine if it was essential for them to have the
waiver in order not to affect their ability to sell their pro-
duct. The Chief Building official stated that he completed his
investigation yesterday. He said he has typed a form which will
indicate that people within the 300 feet on multiples and 150 feet
on singles will be signing a waiver and providing knowledge that
they know the model and/or sales office is located at a given ad-
dress. Mr. Jahn said he will provide a copy to the City Clerk and
has requested her to mail a copy to all holders of occupational
licenses. He said this information will become part of the packet
for people who apply for a sales model. V/M Massaro asked if any-
thing had been done on this one or should the waiver be delayed
and action taken on the renewal of the model sales permit. The
Chief Building Official said he could institute the form and added
that they could be required in the renewal that a form be completed.
V/M Massaro asked if it had been done; Mr. Jahn replied that it had
not. The Vice Mayor MOVED APPROVAL of the renewal of the model
sales permit and that the waiver be TABLED to the next regular meet-
ing when the appropriate forms are signed or if it is appropriate to
waive the 300-foot distance. SECONDED by C/M Munitz.
Yam:
ALL .VOTED AYE
43. Woodmont Tract 48 (Waterford at Woodmont) - Model Sales
Fggility - Discussion and possible action to renew a model
sales permit and waiver of the 300-foot distance requirement
for issuance of certificates of occupancy.
SYNOESIS OF ACTION:
APPROVED six-month renewal of model sales permit;
TABLED consideration of waiver to the next regular
meeting for forms signed by residents within the waiver area
V/M Massaro MOVED the RENEWAL of the model sales permit and the
waiver of the 300-foot distance be TABLED to the next regular
meeting for the appropriate backup. SECONDED by C/M Gottesman.
Yam:
ALL VOTED AYE
44.. Treehouse Apartments -- Model sales 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.
PI
1/28/86
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SYNOPSIS OF ACTION:
APPROVED six-month renewal of model sales permit;
TABLED consideration of waiver to the next regular
meeting for forms signed by residents within the waiver area
V/M Massaro MOVED the APPROVAL of the renewal of the model sales
permit and TABLED the waiver of the 300-foot distance to the next
regular meeting. SECONDED by C/M Gottesman.
VOTE:
17. Utilities West - kZglls 2Q thggugh-
Discussion and possible action on a budget amendment necessar
to fund this project.
SYNQPSSIS OF ACTION:
TABLED to next regular meeting
The City Attorney suggested that this item be tabled. C/M Munitz
MOVED to TABLE to the next regular meeting. SECONDED by C/M
Gottesman.
TE : ALL VOTED AYE
61. Agreemgnt _fQr_processing Land Use Plan Amendment - Discussion
and possible action
SYNOPSIS QF ACTION:
APPROVED subject to the approval of Keith & Schnars
and if there is a problem, a special meeting will be called
Agendized by consent on page 1
The City Attorney said the deadlines are rapidly approaching for
presentation of the land use plan amendments to the County. He
cited the last page of the contract noting several dates proposed by
staff for the land use plan amendment hearings. Mr. Henning said,
because of the advertising deadlines and the meetings, either
Council or the Planning Commission has to hold a special meeting,
and because of the way the days fell, he suggested that the Planning
Commission hold a special meeting on February 27 after 5:00 P.M.
He said Council would then have a hearing after 5:00 P.M. on March
12 following its regular meeting. The City Attorney acknowledged
there was a deadline for the County and that they intentionally
tried to have everything handled before the election on March 11.
Mr. Henning stated, because of the expedition of the work, consul-
tants will have to be hired, and overtime will be involved. He
said, as a result of the City's request for assistance by the
developer, the City was offered $10,000 to be applied toward the
consultant fees. He said they have since received telephone con-
firmation from Mr. Keith on behalf of the developer that the sum of
$10,000 was a fixed rate to defray costs involved in the preparation
of the land use plan amendments.
Mr. Henning said the agreement has three parts: the first part
revealed that the City will write ordinances, send notices to pro-
perty owners, prepare necessary advertisements, etc., to implement
the land use plan amendments and the zoning categories that will be
anticipated by them. He said the area in paragraph 2 is expected
to be farmed out to consultants or have the North half of Land
Section 7 owners prepare. The City Attorney said the developer has
agreed, as outlined in paragraph 3, to establish the appropriate
maps and surveys, conduct a DRI and Development of Regional Impact
studies whereby they will be required to make a presentation to th
South Florida Regional Planning Council. He said the end result of
the developer's efforts would be a booklet. The City Attorney said
the developer has asked to be limited to $10,000 plus $1200.00 for
advertisements. Mr. Henning said this work only involved Land
Section 7; however, there were several smaller amendments to the
Land Use Plan which will probably be presented to the County but
Land Section 7 was the biggest and required Council's immediate at-
tention.
10
1/28/86
/vdw
The Vice Mayor said it was of utmost importance that this matter be
taken into consideration because this work was included in the ori-
ginal agreement that was prepared by the former Council and,
therefore, is the City's obligation and no cost was attached to it.
She said, through discussions with the applicant, they have prepared
an agreement which includes certain items that the developer is
willing to assume obligation in addition to the $10,000 and the ad-
vertising costs. She said the developer expressed his eagerness to
move forward and requested that the progress be monitored carefully.
The Vice Mayor said, if, by any chance, there has to be an amendment
to this, she requested the Mayor to consider a special meeting.
V/M Massaro also asked the City Attorney to determine, and submit a
memo, how the City can recover the fees it might be obliged to pay
in the North half of Land Section 7 as it might be necessary to in-
clude it into this land use amendment. She requested a special
meeting if the office of Keith & Schnars has a problem with the
agreement, as written.
C/M Gottesman recalled that a Land Use Amendment for Land Section 7
was written approximately two years ago inhouse. Thelma Brown
stated a feasibility study was prepared by the City's Consultant
City Planner which was paid for by the City through the services
of Richard Rubin. She said that item appeared before the Planning
Commission and some redraft was required but the actual surveys of
those land use designations, as required, were never done.
C/M Gottesman said he remembered the preparation of the actual
land use plan amendment and that it was ready for submission.
Ms. Brown stated that elements of it were discussed but it never
went through the County level. C/M Gottesman agreed that it had
not gone before the County. The Vice Mayor said the surveys were
the responsibility of Keith & Schnars' office, and they will be
billing the applicant.
The City Attorney said a motion would be in order concerning the
agreement, including the two revisions which indicated a sharing
of the costs and acceptance of the $10,000 plus the costs for ad-
vertising. He said the change in paragraph 2 stated the developer
will reimburse the City up to $llr200. The City Attorney cited
paragraph 3 on the second page stating that g), h) and i) would
reflect an amount up to $11,200. The Vice Mayor said the devel-
oper was responsible for almost everything and the only area that
has been segregrated is the North half of Land Section 7 whereby she
reiterated her request that Mr. Henning indicate how the money could
be recovered, if expended by the City, for inclusion of this portion
in the land use plan amendment.
Thelma Brown, City Planner, said she had discussed inclusion of the
North half of Land Section 7 with the developer and they indicated
that both sections would have to be submitted as one packet in order
for the review to go smoothly. She said, however, that they wanted
to be separated from the development on the North simply because
some of the owners may object to the land use plan amendment which
could cause a delay. Ms. Brown said the developer will provide the
City with the transportation and water elements of Land Section 7
and they will work with the City's consulting engineers to obtain
the legal descriptions assuming that a portion of the $10,000 would
go towards the expense. The Vice Mayor said she understood their
desire to remain separate because someone has already requested a
classification in the Northern half that is not compatible with what
has been determined as acceptable with the last presentation of Land
Section 7. V/M Massaro MOVED the APPROVAL subject to the approval
of the firm of Keith & Schnars, and if there is a problem, a special
meeting will be held to reconsider. SECONDED by C/M Gottesman.
C/M Munitz said he did not see the name of Keith & Schnars in the
agreement. The City Attorney said, officially, they were dealing
with Ronald H. Galowich and his corporation whose planner is Keith &
Schnars and because they are local, the City has been consulting
with them daily. Mr. Henning said, however, the City is not re-
quiring the developer to use the firm of Keith & Schnars to perform
their work because they could hire any engineering firm as long as
it was in an appropriate form which was acceptable to both the City
1/28/86
/vdw
and County. The City Attorney said the developer would be contri-
buting money to help defray the City's costs and would also prepare
their own maps and surveys. Mr. Henning said if the developer
authorized Keith & Schnares to act as their agent, it would be fine
but the people who are responsible are located in Chicago. The
Vice Mayor cautioned him to insure that whoever signs has the proper
authority.
VOTE:
ALL VOTED AYE
62. Acce ance_.of pid.for SatelliteRecreation Building Elegtrical
Discussion and possible action
SYNOPSIS -OF ACTION:
APPROVED bid of $25,300 by Ace Electric and
requested a complete breakdown of costs from
Bob Jahn
Agendized by consent on page 1
Mr. Jahn said the only holdup in proceeding with the work on the
Satellite Recreation Building is the awarding of the electric con-
tract. He said the original contractor has indicated that he cannot
provide the service and could not start work immediately so he hur-
riedly went out to bid. Mr. Jahn said Ace Electric Company could
give the City immediate service and has given the City, in his
opinion, a good bid although it is more than the original bid given
to George Feld approximately one year ago. The Chief Building
Official recommended that Council accept the bid of Ace Electric
Company to do the work for $25,300. He indicated that he had also
submitted to Council, as backup, two additional written bids and one
verbal bid. Mr. Jahn said his original estimate for approximately a
year ago was $23,693; therefore, Ace's bid is $1,670 over his
estimate. He said Ace Electric informed him that they would start
work immediately upon confirmation.
The Vice Mayor asked if the price quoted provided any leeway. The
Chief Building Official stated that it did, according to the bids
he has received. He said he hoped to provide Council with a full
report by next week but according to his calculations, he will be
able to complete the building and have approximately $2800 left.
V/M Massaro MOVED, on the basis of information provided by Mr. Jahn,
the APPROVAL of the Ace Electric bid of $25,300 and included that
the Chief Building Official provide Council with a complete break-
down of what remains to be done and the estimated cost of each
individual project to insure that the cost of the project does not
go over the budgeted amount and the report will be produced before
any additional monies are expended. Mayor Kravitz asked if a com-
pletion date was known. Mr. Jahn estimated the work should be
completed by the end of February or at least by the first week in
March. SECONDED by C/M Munitz.
The Vice Mayor asked the definition of high hats. The Chief
Building Official answered that they were round fixtures recessed
into the ceiling. He said there were 98 in the main part of the
building. V/M Massaro asked if there was anything that could be
eliminated to reduce the price. Mr. Jahn said he had already
eliminated some things and had made some changes and guaranteed to
Council that it will be a well -lit place.
VOTE: ALL MUD AYE
63. AccePtancg,_Q ran#for TaMagac Veterans Park -- Discussion
and possible action
SYNOPSIS„OF ACTION:
APPROVED acceptance of $19,840 grant and
stipulated that the gates would be installed
Agendized by consent on page 1
The City Manager said the request was for the approval of the entire
project agreement of $19,840 rather than the $18,900 accepted by
Council at the January 22 meeting. The City Manager said the gates
will be installed. V/M Massaro MOVED the ACCEPTANCE of the grant
12
1/28/86 /
/vdw
for $19r840 and the installation of the gates. SECONDED D by CM
/
ALL
voT p_
64. 'c
action n x - Discussion and possible
Y
APPROVED D payment of $350 to Dr. M
Agendized by consent on Page 2 Matthews
The City Attorney said there was discussion at a Pension Board
meeting of an invoice to Dr. Matthews which dates back to September,
1985. He explained there was an employee who was on disability
had been required, under the disabilityPension who
Plan, to undergo an independent medicaexamination ns ob tDr.Matthews.
Mr. Henning said the bill was $350.00 and the Pension yBoard hashews.
asked that it be paid from pension
proceedshe
Council s approval. C/M Gottesman MOVEDtheaACCEPTANCEmOf nthe
bill from Dr. Matthews to be paid from pension account funds. $350
SECONDED by C/M Munitz. The Vice Mayor asked how it would be
handled since there is no budget for the Pension Board. The City
Attorney said the money would be taken from the contributions made
by the City and the employees at the end of the month and the
remainder of the contributions would 90 to
the CD that is being held there for the a Glendale Federal and to
pension plan.
OT : ALI, VOTED AYF
Following is a verbatim as requested by Mayor Kr
avitz.
ravitz.
65. anc od n 's
and possible action s nd M d' ns - Discussion
�YN P TS OF ACTI- :
DENIED rumors that Council would
discontinue the maintenance of
Woodmont's swales and medians
Agendized by consent on page 2
Y TZ• Item 65which I asked to be brought up on the Wood -
think it was June of'84,�itherecwasuate a covenantoattthat i 1984,he I
the City agrees to maintain the Woodmont swales and medians. whereby
And that has been done as far as I know until now
and I don't know where or how but word has gotten out that
intends to take that away after elections. the City
no idea of where this came out from. d lik , I repeat, I have
bring out my personal opinion that it iswnot m Op to, at this time,
elation to change any of the CityY Pinion or recommen-
or medians and put on maintenance on the Woodmont swales
Possible record and I would like even a motion, if
. to the extent that we do not intend to do that and whoever
is spreading these rumors that the Council intends to do so I think
they should be dispelled with because as far as I know there is
tainly not that intent and we shouldn't have spread rumors that
not true from this Council. car-
at are
C 1 &U- ITz: Mr. Mayor, if I may?
AY_.OR KRAVITZ: Sure.
We have a January 28th memo from our City Attorney...
YO ITZ: That's correct.
S1 MUNrTZ: in which he recommends that we do not agendize
majority consent for this meeting. That the item should be Pby
laced on
a regular agenda with reasonable notice given to the interested
parties.
BAY0$ ITZ: Now, I....
13
01/28/86
/vdw
C/M_MUIUTZ: I can't see going against the recommendation of our
attorney.
MAYOR RRAVITZ: Well,...
V/M MASSARO: The attorney?
C1M_MUNITZ: I mean that doesn't mean that what you're saying is
right or wrong. But certainly on the recommendation of our
attorney...
MAYO K A ITZ: We're not making any changes.
CITY ATTORNEY: I was asked, if I might comment on that, and I tha
you for bringing it up. I was asked by the Mayor to research
this and I don't know...I... I did not know what action the Council
was anticipating, and it's a fifty-year covenant that we accepted
about a year ago and if it was going to do anything detrimental to
Woodmont, I agree and I stand by my memo that they have no notice of
this and ...if we're... if you're thinking of cancelling it, I
certainly think we should give them...
MAYOR KRAVITZ: Right.
9ITY_ATTOR-NEY: Let them be here. Now, I ... as far as saying that
you're not cancelling it, I don't know if you need any official
action on that anyway but... obviously, the message is going out.
If you each want to comment on it but I don't know what action you
want to take today.
MAYM KFAUTZ: The only action I would like seen is that the
Council agrees that we do not intend to take this right away and
the City would void it. That's the only thing... because of these
false rumors. Vice Mayor?
VIM MASSARO: Mr. Mayor, when this covenant was placed, the fifty
years was just something that we ... questioned how long they're going
to be responsible for maintaining them because it has been the
practice of this City that in each new subdivision where there was
median, the developer was required to maintain those medians until
such time as he had completed his project or if it was taken over by
an association, and they assumed whatever responsibilities they were.
In every instance when this occurred and the associations took over
the responsibilities, the City, in turn, took over the responsibility
for the median. The purpose of the original agreement was, and
always has been, to make sure that the developer had the responsibi-
lity to take care of them and to maintain them because of the trucks
that come through there and the damage that they created not only to
the medians but where there were curbs, they would break down the
curbing and so forth so that we always required them to do it. But
in no instance have we asked anyone in our City, at the present time,
to maintain their own medians. Why would we want Woodmont to do so?
And I think it's just a vicious, evil, propaganda that is being
spread, if...if that is the case. I really don't know as there's any
action needs to be taken on it.. -I...
MR,S. BEECH: Question, please?
MYOR K A IT : Go ahead, I'll recognize you.
MRS,_BEECH: Vickie Beech, resident. Question or point of infor-
mation: Are all medians dedicated to the City? Canals? Streets?
Medians?
V/M MASSARO: Not all canals, Vickie, For instance, the canal in
Section 6 and 7 which is owned by the Sabal Palm people,
Mr. Stackhouse,....
MRS._BEECH: How about Woodlands?
yZI MMBARO: those are not dedicated.
MRS, BEECH: Woodlands' canals?
14
01/28/86
/vdw J
V/M MASSARO: Woodlands are dedicated, yes. Yes.
MRS, BEECH: What about streets within the area, are they dedi-
cated....
V M MASSARO: Yes, they are.
MRS. BEECH: to the City?
CITY ATTORNEY: Well, most of them. Some developments have private
streets but most of them are public.
V/M MASSARO: Woodlands are not private.
MRS. BEECH: No. I ... No ... The reason I'm asking that is because I
know there was a discussion at some time that some streets were held
in abeyance and dedicated at a later time.
V M MASSARO• Yeah.
MAYOR KRAVITZ: That's correct.
MRS. BEECH: So I wanted to know what was the upgrading on this
particular....
V/M_MASSARO: Woodlands, several years ago...Several years ago, we
required Woodlands to dedicate everything.
MRS. BEECH: Thank you.
MAYOR KRAVITZ: Jon, legally, would it be correct that the...
MRS. REYNOLDS: Spyglass?
V/M MASSARO: Yes, Spyglass, we accepted the dedications there, too.
MAYOR KRAVITZ: That the Council move, at this time, stating their
position that we do not intend to take away or change this?
!qZM GOTTESMAN: How?
MAYOR KRAVITZ: Well, we're saying we don't want to change it.
C M MUNITZ: That's like saying you're a little bit pregnant.
V M MASSARO: Now,...What's the name ... Oh, Shaker Village. They
maintain their own canals...
MAYOR KRAVITZ: It's not our intention to change it.
V M MASSARO: They take care of it; they maintain it. We don't have
anything to do there...
MAYOR KRAVITZ: Why can't we take action saying we don't intend to?
V/M MASSARO: They have private streets.
MRS. BEECH: Now the median on McNab Road? Now that is ours?
V/M MASSARO: That's our responsibility.
MRS. BEECH: The County delegated that to us, right?
V/M MASSARO: The County ... Yes, the County —The County and the
State say if you want any beautification in the medians, you maintain
them. Otherwise, they would only send out the State people, that's
the inmates, once ... three months or something like that...with
the...I forget what you call them .... to cut the grass. It's not a
sickle.
CITY ATTORNEY: ...If you want to set the record straight...
15
O1/28/86
/vdw
MAYOR KRAVITZ: Well, it's up to Council to move on this that we
don't intend to.
Y[M MASSARO: Well, I would certainly be willing to make a motion
that the Council has no intention of requiring Woodmont to maintain
their own medians...
MAYOR KRAVITZ: Yeah.
YZM MASSARO: any more than we would require any one else in the
City.
MAYOR KRAVITZ: All right. We have a motion. Do we have a second?
Councilman Gottesman?
C/M GOTTESMAN: I'll second.
MAYOR KRAVITZ: We have a seconder. Any further discussion?
C M MUNITZ: Yeah. One thing bothers me on this.
MAYOR KRAVITZ: Go ahead.
CAM MUNITZ: Without giving an opinion either yea or nay, with a
specific recommendation by our attorney, which we are ignoring by our
action now, Jon, what...Are you comfortable with it? Do you see any
objection or advantage or what have you?
CITY ATTORNEY: Frankly, when I first researched this I thought
Council was going to propose contrary action and I saw a lawsuit
coming. If you're trying to dispel rumors and reiterating what the
exact same action that you took in 1984 and some of you were here.
The roll call was unanimous; it was Mayor Kravitz, Councilmen Stein,
Stelzer, Munitz and Dunne. Everybody was in favor of it then back in
1984, April. But I don't know that it has any official action.
C M MUNITZ: If we... If we're going to sit here and try to legis-
late against rumors, we could spend weeks and weeks and not get
anything accomplished.
V/M MASSARO: We're not ... We're not legislating, we're setting the
record straight.
MAYOR KRAVITZ: That's all.
CITY ATTORNEY: I don't see a problem in saying that.
MAYOR KRAVITZ: The City Attorney doesn't see any problem. He
thought if we did the reverse, there may be a problem. But he
doesn't see any in this case. And I think you stated so.
C M MUNITZ: Well, then you're recommending... you're amending your
recommendation, is that...
CITY ATTORNEY: Yes...
CZM MUNITZ: your memo of January 28th?
CITY ATTORNEY: Yes.
MAYOR KRAVITZ: All right, call the question.
VOTE: ALL VOTED AYE
END OF VERBATIM
46. City -Council Reports (See page 21)
C/M Gottesman recalled that Council voted to disapprove the drawings
of Miller & Meier in May, 1985 for the City's Municipal Complex. At
that time, C/M Gottesman stated, he was asked to culminate the issue
and resolve any remaining problems. He said he had continually asked
for and has not received assistance from the City Attorney because
16
01/28/86 /
/vdw v
of other priorities. As a result of this delay, C/M Gottesman said
interest of approximately $3200 has been accruing on the Miller &
Meier bills which the City may have to pay. C/M Gottesman said he
had asked Alan Ruf to assist him in writing the stipulation for this
item but because of budgetary requirements, he has been unable to
provide the assistance. However, nine months have elapsed, and
C/M Gottesman requested that Council allow him to use the services
of Alan Ruf to terminate the matter. C/M Gottesman also requested
that Council authorize him to work with Mr. Ruf to conclude this
matter. C/M Munitz asked him if he did not already have that
authorization from Council. C/M Gottesman said he thought he was
but he was stopped by the Vice Mayor who informed him that there
was no money in the budget and that he should use the services of
the City Attorney. Mayor Kravitz said this was strictly for reports
and that no action can be taken on reports. C/M Gottesman said his
report was that he has not been able to proceed.
V/M Massaro asked Mr. Henning why this matter has not been resolved
because Mr. Ruf was not involved with the various agreements with
Miller & Meier. She said the City Attorney would be the logical one
to assist C/M Gottesman in concluding this matter. The City Attorney
agreed that he was in the best position to attempt to resolve the
matter; however, he stated he and C/M Gottesman have been unable
to find extensive time to discuss this together. Mr. Henning said he
has had interruptions and C/M Gottesman has had scheduling problems
but this issue was a top priority for himself as well as Councilman
Gottesman. The City Attorney said it was hard to comprehend, sitting
at an orderly meeting, the types of interruptions and distractions
that are occurring in City Hall and his office. Mr. Henning said
he has a definite staffing problem which he has tried to relay to
Council, individually, as a result of budget cuts. The City Attorney
said this was a very important item and would prefer to handle it
himself and send some other matter to Mr. Ruf. He said everyone
would have to prioritize their demands because there is so much busi-
ness that is conducted and there is a limited amount of staff; the
City Attorney said it was worse this year than it has ever been
before. Mr. Henning said he would exert every effort to have at
least a status report by the next regular Council meeting and to work
with C/M Gottesman.
V/M Massaro said the lack of staff has nothing to do with it because
everyone was cognizant that the staff has been reduced because of
budgetary restraints. She said, as a result of the budget cuts,
they are having to work with the staff available, and if the staff
is not competent, they should be replaced. The Vice Mayor said the
staff, as it stands, should be able to handle the workload that is
generated. She reiterated that this project should not be handled
by Mr. Ruf but that it was the responsibility of Mr. Henning because
the problem was created with Mr. Henning sitting in on the negotia-
tions as the attorney. V/M Massaro added that she was not inferring
it was his responsibility for what occurred rather that he was in-
volved from its inception. She acknowledged that they were all under
pressure but requested that he set a time, between now and the next
regular meeting, to meet with C/M Gottesman and that he be prepared
to give a preliminary report at the next regular meeting. The
Councilman indicated he would be ready whenever Mr. Henning is free.
C/M Munitz - No report
V/M Massaro - No report
C/M Stein - Absent
47. City Manager - No report
48. City -Attorney
Mr. Henning reported an Ambulance Review meeting was held last week
and informed that the City has passed the first committee, will pro-
ceed to the second committee and from there, to the County Commis-
sion. He acknowledged that the Fire Department has been very helpful
and that C/M Gottesman has been working with the Chief and the
Assistant Chief. The City Attorney said there has been a lot of
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misunderstanding about rates and questioned where the comments origi-
nated. He said, however, the rate would be approximately $75 to $80,
and the rumors about $120 fees for ambulance service are incorrect.
The City Attorney said he hoped to submit a report to Council at a
later date but stated they were progressing slowly but favorable.
Mayor Kravitz said the $120 fee originated from Fire Chief Simon.
The Vice Mayor said it was no rumor. Mr. Henning said he confronted
Chief Simon with that and perhaps he may need to check the tape. C/M
Munitz requested an update for the next meeting.
The City Attorney said Tract 37 is one of the last Leadership Tracts
to be developed and they are at the Planning Commission stage and
have been tabled several times. Mr. Henning said he has been worki
with Mr. Potash and whenever Council is ready for presentation, the
would like to review with them a stipulation. He said one of the
most concerned issues is that of conventional financing and he felt
the developer, if he is able to move forward expeditiously, would
proceed with conventional financing. The City Attorney said it will
be rental and the parking has been reviewed.
He said they were discussing deed restrictions for only allowing
adults in the one -bedroom apartments and he said the project con-
sists of approximately 50% one -bedroom apartments. Mr. Henning
said they have a stipulation and requested a meeting with Council
as soon as possible for their review and to show the developer, if
an agreement is reached, they can proceed without further delay.
The Vice Mayor said the project was a good one but stated there is a
problem with the parking area and circulation. She stated that con-
ventional financing was also a big help but asked if the developer
agreed to conventional financing, could they change the method of
financing? The City Attorney said he did not believe the Broward
County Housing Finance Authority or the public financing discussed
that the construction is eligible for reimbursement. He stated he
would research it further but believed that once the financing is
established, the monies cannot be used to refinance their project
but can only use it to build from scratch. V/M Massaro requested
that the City Attorney research it. She questioned why so many
developers are building rentals. Mr. Henning answered rentals are
what the market is now. The Vice Mayor asked how many rentals can
they rent. The City Attorney said (1) statistics show a shortage
of rental housing in Broward County and informed that condos are
not selling, and (2) the bonds can be retired. He said they were
ten-year bonds. V/M Massaro stressed that they do not want any more
of that type financing in the City. He said, if the project is good
enough and the market changes in four to six years, these rentals
could be converted to condominiums and the bonds retired.
V/M Massaro reiterated her question as to if the method of financing
could be changed before or after the project is completed, and if
the answer was yes, then the developer would not be allowed to pro-
ceed. Mayor Kravitz said they could, and stated that he served on
the HUD Facility Committee for many years. He explained, if the
applicant started and before they built, came before the committee
desiring to issue the bond, they were given the privilege. The Vice
Mayor said she wanted no part of low-income housing.
Richard Potash, attorney on behalf of the applicant, said in the
original draft, which was reviewed by certain City officials, the
statement was contained in paragraph 4 (e) to the effect that,
quoting the specific Internal Revenue code regulation that author-
izes these bonds, that that would not be utilized. He said there
was some concern by certain City officials that there might be
Internal Revenue code changes, another section could be enacted,
and that was not the type of coverage that the City desired.
Mr. Potash said, in the latest revision that was given to the City
this morning, it was the affirmative statement that conventional
financing, as commonly understood, shall be utilized in connection
with the construction of this project. He said the intent behind
that is this will not be a bond financed, as the City considers,
low-income housing. He said there will not be either restrictions
or inducements by income levels or otherwise in connection with the
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residents here. It will be built, according to Mr. Potash, with
straight, conventional financing and rented on that basis as well
without certain units set aside for certain types of people or
certain types of incomes or anything of that nature. Mr. Potash
said, for that reason, he did not think that it would bear any
further discussion by the City. He said it was his client's
intention to comply with the City's desires with respect to the
financing of this development. Mayor Kravitz said the developer can
change his mind. Mr. Potash answered to the contrary because the
intent of the stipulation, as written, is that the method of
financing cannot be modified to bonded, other types of financing as
opposed to conventional.
46. City Council Reports (See pages 18 & 19)
Mayor Kravitz reported that he attended the Democratic Executive
Committee meeting, at which he was sworn in as a member, and they
discussed two items which he felt affected the City. One is the
voting on the single district and urged Council to investigate it
further. He said there was also discussion of a mayor for all of
Broward County. Mayor Kravitz said the other topic was that of the
unincorporated areas, and again urged Council to familiarize them-
selves with all the facts.
Following is a partial verbatim transcript as requested by Mayor
Kravitz.
MAYOR KRAVITZ: This morning in the paper, along with the
unincorporated areas, there's an article by our police chief as
to shortages and so forth. I don't believe it's true but never-
theless it's in the paper and the reporter that put it in is
sitting right in here. I wish he would've asked me my opinion on
it. I don't agree with that article, and I spoke to the Chief only
Saturday when he apprised me of the fact that it will be in the
paper that he was interviewed and so forth. And I don't know what
he meant or how he spelled it out but I certainly didn't like the
article because I don't think it's correct that we don't have the
officers, the supervision, the cars or whatever the proper pro-
tection. Again, there I think the Council may want to look into
it and take up whatever they want.
Mayor Kravitz said the lottery would be holding a session tonight at
7:3.0 P.M. in the Sunrise Musical Theatre and they expect a turnout
&f--4_iQD0. He said tickets were required and available at no charge.
_.The C%tty. Attorney informed that Council passed a resolution regard--
iAg t1h4-lotteries approving placement on the ballot.
--V M_-gARO: Yes, I'd like to comment. I haven't read that
article -that you mentioned.
MAYOR KRAVITZ: It's page one in the West today.
V M MASSARO: I'll ... I'll be sure and read it. But if he talks
about cars, I am sick and tired of seeing the police cars that are
sitting out in the yard every day. You can find anywhere from five
to nine cars standing out here - brand new ones. And if there's
lack of supervision, maybe it's in his department. I don't like the
propaganda that he is putting out because after all, he is a highly -
paid man. And, in fact, I think if not the highest, he must be
second highest because he gets fifty what thousand? 55? 56,000?
Somewhere in that neighborhood?
CITY MANAGER: Fifty-three and change.
V/M MASSARO: Fifty three. Okay. And fifty three plus. They
just hired a police chief in Fort Lauderdale and he's getting
$46000. I think our police chief is well paid but is he influenced
by the fact that he's going to get a car to use for himself and not
only that they're going to get 11.6% increase. Six percent on
their, well, it's five point six I think it is and six.
MAYOR KRAVITZ: Pension.
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V M MASSARO: Pension and salary increase. That's very nice for
him to get that on top of what he's got because. That's a whole
lot more than anybody's getting in Broward County Sheriff's Depart-
ment or anything. But you know, it's a terrible thing and if he's
so unhappy, why don't he go somewhere where he can be happy. I
think it's time we start thinking about that. I am fed up with it
because the worst thing that could happen to this City is to go to
the BSO. They have never been known to do a good job anywhere and
our people would be left out in left field if this ever occurs.
They have never given us a contract that we can really see what
they're going to do to this City. They talk about saving a quarter
million dollars, who is he kidding? why don't he come with honest
facts to us? why has he just simply disregarded the Mayor's reques
time and time again for the... the ...in its fi... the document in it
final form. If it's so good, why don't he present it honestly? An
for our Chief to be putting out this propaganda, I think it's
disgusting. I think it's humiliating and it certainly doesn't show
him to be the kind of a Chief that I can be proud of. And I've
always have been proud of him but there's something wrong here.
Terribly wrong. And I think the blame rests with him and he better
shape up.
Vickie Beech, resident, said she was very delighted to hear the
comments made by Council but stated there has been.something wrong
with the City for a long time including a lack of coordination on
many things.
C/M GOTTESMAN: I just want to say a very quick word. I feel
there is a lack of integrity on the part of our police chief to
make any statements at this time that can be regarded as politi-
cal. I think he's aware that we're trying to get facts about
going with BSO or not and the statement he made to the papers I
don't think helps his department or helps the City or helps the
BSO. I think it's just a complete lack, at this point, that he
just should have refrained and sat back and listened and not
opened his mouth.
Mayor Kravitz adjourned the meeting at 1:05 P.M.
MAYOR'-(
C Y CLERK _ Y
This public document was promulgated at a cost of $256.y 2{.r 7.12
per copy to inform the general public and public officers- i4iid- -employees
about recent opinions and considerations by the City Council of the City
of Tamarac.
CITY OF TAMARAC
APPROVED AT MEETING OF �
City Cler
1
P-J
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