HomeMy WebLinkAbout1986-02-12 - City Commission Regular Meeting Minutesr4
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY FEBRUA Y 12 19$
CALL TO ORDE : 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO 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.
PRESENTATIONS AND AWARDS
1. Safety Committee - Presentation by City Manager Ferretti
of a Certificate of Appreciation to Lt. Jim Stuurmans for
his service as Chairman of this committee.
2. Arbor Dg,v_ -
a) Presentation by City Manager Perretti of award from
National Arbor Day Foundation
b) Presentation by Mayor Kravitz of a proclamation
designating February 28, 1986, as "Arbor Day".
3. City of, Hope - Presentation of a proclamation by Mayor
Kravitz designating March 9, 1986, as "Hope Sunday".
BOARDS AND COMMITTEES
4. Welcoming Committee - Temp. Reso,_#3990 - Discussion and
possible action to appoint one member.
CONSENT AGENDA
5. Items listed under Item #5, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by pal
motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the Consen
Agenda and will be considered separately.
a) Minutes of 12/11/85 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 12/17/85 -- Special Meeting - Approval
recommended by City Clerk.
c) Minutes of 1/2/86 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
d) Minutes of 1/10/86 - Regular Meeting - Approval
recommended by City Clerk.
2/12/86
rigs. 2 & 3
Present. made
2/12/86 pg. 3
presentations
made
2/12/86 pg. 3
Proc. presented
2/12/86 pg. 8
APPTD Theresa
D. Greene
2/12/86
pgs. 8 - 10
APPROVED items
a) through s)
PAGE 1
2/12/86
e)
Minutes of 1/17/86 -
Special Meeting - Approval
recommended by City
Clerk.
f)
Minutes of 1/22/86 -
Regular Meeting - Approval
recommended by City
Clerk.
g)
Minutes of 1/27/86 -
Special Meeting - Approval
recommended by City
Clerk.
h)
Minutes of 1/28/86 -
Reconvened Regular Meeting -
Approval recommended
by City Clerk.
i)
Minutes of 2/3/86 -
Special Meeting - Approval re-
commended by City Clerk.
j)
Alan F. Ruf - Consulting
City Attorney - General
Services - 1/16/86 -
$3,825.25 - Approval recommended
by City Attorney.
k) Alan F. Ruf - Consulting City Attorney - City Prose-
cution Services - 1/31/86 - $1,537.50 - Approval
recommended by City Attorney.
1) CH2M Hill - Approval to pay the following invoices as
recommended by the Utilities Director/City Engineer:
1) Invoice 12-473 - 12/13/85 - $ 607.63 - Deep
Injection Well (84-2)
2) Invoice 12-474 - 12/13/85 - 492.81 - University
Drive Utility Relocation (86-2)
3) Invoice 12-469 - 12/13/85 - 3,883.42 - Northwest
Force Main (84-6)
4) Invoice 12-483 - 12/16/85 - 1,353.00 - Deep Well
(84-2)
5) Invoice 01-449 - 1/13/86 - 2,029.50 - Deep Well
(84-2)
6) Invoice 01-441 - 1/15/86 - 21,677.88 -- Sludge
Dewatering/Composting (84-7)
7) Invoice 01-442 - 1/15/86 -- 7,867.52 - Northwest
Force Main (84-6)
8) Invoice 01-444 - 1/15/86 -- 3,746.55 - Bond
Statement
m) James M. Montgomery, Consulting Engineers, Inc. -
Approval to pay the following invoices as recommended
by the Utilities Director/City Engineer:
1) Invoice 58467 - 12/6/85 - $3,045.00 - Water
Treatment Plant Expansion (84-20)
2) Invoice 58468 - 12/6/85 - 3,660.00 - Fuel
Storage Tanks (85-7)
3) Invoice 59127 - 1/11/86 - 4,270.00 - Fuel
Storage Tanks (85-7)
4) Invoice 59132 - 1/11/86 - 3,045.00 - Water
Treatment Plant Expansion (84-20)
n) Justice Reporting Service, Inc. - Invoice 11156 dated
1/30/86 and Invoice 11115 dated 1/29/86 - Total of
$140.00 - EMS Review Board meetings - Approval re-
commended by City Attorney.
o) Jay H. Pilchick & Associates, Inc. - Invoice D86184 -
1/31/86 - $157.41 - Leadership Housing vs. City of
Tamarac - Approval recommended by City Attorney.
1
1
PAGE 2
2/12/86
p) Bass Reporting Service, Inc. - Invoice 10430 - 1/28/86
- $40.00 -- Blumfield vs. Perretti - Approval
recommended by City Attorney.
q) Barry S. Eden - Rezoning Petition #21-Z-85 - Temp.
Ord. #1228 - Acknowledgment of withdrawal of this
petition by the applicant on 1/17/86 (Public hearing
held 11/13/85) (tabled from 12/11/85)
r) Paul and June Abel, Sidney Shapiro and Elaine
Levenson -- Rezoning Petition #23-Z--85 - Temp. Ord.
#1229 - Acknowledgment of withdrawal of this petition
by the applicant's attorney on 2/5/86 (Public hearing
held 11/13/85)
s) Utilities West - Wells 20 - 24 (Project 86-4) -- Line
Item Transfers - Approval to remove this item from the
agenda (tabled from 1/28/86)
GENERAL ADMINISTRATIVE/FINANCIAL
6. Confidential., Supervisoryand Manager.1al Employees - Temp.
F,eso. 13811 - Discussion and possible action to approve a
pay plan and benefit package for these employees (tabled
from 10/23/85 and 1/2/86)
7. Personnel/Insurance - Bid Award - Temp. Reso. #3919-
Discussion and possible action to award a bid for long-
term disability insurance (tabled from 12/19/85)
8. Tamarac pAxk_Satellite Building - Discussion and possible
action on:
a) Status report by the Chief Building Official
b) Bid awards for drywall and stucco work
c) Payment of Invoice 53588 in the amount of $404.44 to
Sheridan Lumber, Inc.
9. Pj,ngg of Woodmont -- T aact 55 - Discussion and possible
action on a request from this Association for City assist-
ance regarding drainage problems of certain unit owners
(tabled from 1/2/86)
10. Broward Leagug of Cities Business - Discussion and
possible action.
11. Northwest Council of Mayors Bus'n ss - Discussion and
possible action.
TAMARAC UTILITIES
12. Utilities West - Bid Award - Tpmp. Reso. #3 66 -
Discussion and possible action to award a bid for fabrica-
tion of a jet rodder (tabled from 1/28/86)
F 13. Utilities -West - Water Treatment Plant Rehabilitation
and Expansion (Project 84„-20 - Discussion and possible
action on:
a) Presentation by representatives of James M.
Montgomery, Consulting Engineers, Inc., regarding
their report.
b) Authorization to solicit proposals for a consultant
engineering firm and to perform the screening process..
2/12/86
page 2
TABLED
2/12/86
pg. 36
TABLED
2/12/86
pages 4 & 5
a) Report given
b) APPROVED
c) APPROVED
d) Agen. by
Cons.
2/12/86 pg. 34
City Attorney
instructed to
prepare an
agree w/condit.
2/12/86 pg. 10
report given
2/12/86 pg. 10
report given
2/12/86
page 6
APPROVED
2/12/86
pgs. 6 - 8
a) report was
reviewed.
b) Auth. given
to City Engineer
PAGE 3
2/12/86
14. Utilities West - Water Treatment Plant ImproyemPnts
(Project 84-20A - Bid Award - Temp. s #3991 -
Discussion and possible action to award a bid for install-
ation of high service pumps and check valves.
15. Utilities East - Tamarac Lakes Gravitv Sewers(Project
84-5 - Discussion and possible action on:
a) "Statement of Convenience and Necessity"
b) Costs to the affected property owners relating to the
individual homeowners' assessment for this project
(tabled from 1/22/86)
16. utilities West - Wellfield Protection Program --(Project
5-7) - Discussion and possible action on:
a) Awarding a bid for this work at Utilities West and
Fire Stations 1 and 2 - Temp. Reso.A3989
b) Budget Amendment
17. utilities West - Pump Station and Fogce Mains PXoject_
86-5 - Discussion and possible action on authorization to
solicit proposals for a consultant engineering firm and to
perform the screening process.
18. utilities West - Wastewater Treatment Plant Transfer
Pumps (Project 85-19) - Temp. Reso #3988 -- Discussion and
possible action to award a bid for installation of these
four pumps.
19. Utilities Wgst - University Drive Utility Relocat-ion
(Project 86-2) - Discussion and possible action to
authorize solicitation of proposals for a consultant
engineering firm and to perform the screening process.
20. Utilities West - Two Separate and_Distincterations
and Maintenance 13u'ldin s (Project 85-20 - Discussion and
possible action to accept the ranking of firms by the
selection committee and to authorize negotiation of a
contract in the numerical order of ranking.
LEGAL AFFAIRS
21. Investments of City Funds - Temp. Ord, #1233 - Discussion
and possible action to amend Chapter 9 of the Code
concerning allowable investments. Second Reading. (Public
hearing held 1/10/86)
22. Fire Aid Agreement - Temp. Reso. #3925 - Discussion and
possible action to authorize execution of a revised
Consolidated Mutual Fire Aid Interlocal Agreement with
various governmental agencies within Broward County
(tabled from 12/11/85)
23. Annexation - Temp. Reso. #3993 - Discussion and possible
action objections to de -annexation of any of Tamarac's
land.
24. ESM Litigation - Discussion and possible action on payment
of invoices from the following firms:
a) Morgan, Lewis & Bockius
b) Peterson & Company
c) English, McCaughan & O'Bryan
(tabled from 1/28/86)
2/12/86
page.8
APPROVED
2/12/86
pgs. 10 & 11
pgs. 17 & 18
TABLED till
2/26 meeting
2/12/86
page 11
APPROVED
a) & b)
2/12/86 pg. 13
APPROVED
2/12/86 pg. 13
APPROVED
2/12/86
page 14
APPROVED
2/12/86 pg. 20
Auth. given to
Utilites Director
/City Engineer
2/12/86 p.36
APPVD the
2/10/86 revision
2/12/86
AP38
PROVED
2/12/86
AP25
PVD
2/12/86
pgs. 21 - 25
APPROVED
a) - c)
PAGE 4
2/12/86
25. HoMgoNner Warranty d - Temp. Ord. #1243 - Discussion
and possible action to amend Chapter 7 of the Code to
revise the HOW bonding requirements for multi -family
rental developments. First Reading.
26. Tract 37 - Temp. Reso. #3992 - Discussion and possible
action to approve a Stipulation with Citcor, Properties.
(located at the southeast corner of NW 77 Street and
Westwood Drive)
27. angina House/oxford Industries - Temp, Reso. #3994 -
Discussion and possible action on a Development
Agreement.
(located at the northeast corner of Commercial Boulevard
and Rock Island Road, to the rear of Sabal Palm Golf
Course Clubhouse)
PUBLIC HEARING - 2:00 P.M.
28. Colony West Joint V n u c Darby and Wa Inc. --
Rezoning P t' 'on 27--Z-85 - Temp. Qrds #1241 - Discussion
and possible action to rezone lands at the southeast
corner of McNab Road and NW 88 Avenue from RM-10 (Planned
Apartments) to B-2 (Planned Business.) utilizing the 5%
flexibility rule for commercial development in residential
land use area not to exceed 10 acres. Second
Reading.
a) Acceptance of Affidavit of Publication and Affidavit
of Posting
b) Consideration of application
COMMUNITY DEVFL PMENT
29. Cglony W st Joint Venture c Darby nd way, Inc. -
Temp. gego,,.#4004 - Discussion and possible action on a
Declaration of Covenants and Restrictions.
30. Tamarac Nursing Center - Discussion and possible action
on:
a) Revised Development Agreement regarding Land Use
Amendment
b) Landscape Plan
(tabled from 1/22/86)
31. Modgl Sgles Facility Distance Waivers - Discussion and
possible action on:
a) Waiver form
b) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for the
following:
1) Woodmont Tract 72-C (Pineapple Park)
2) Woodmont Tract 48 (Waterford at Woodmont)
3) Treehouse Apartments
(tabled from 1/28/86)
32. rt - Discussion and possible action on:
a) Release of a cash bond posted to guarantee installa-
tion of beautification - Temp. Reso. #3998
b) Revised site plan reflecting correction of three
dimensions between buildings - Temp. Reso, #3.99.9
2/12/86
pages 38 & 39
APPROVED
2/12/86
pages 32 & 34
TABLED
2/12/86
TA17
BLED till
2/26 meeting
2/12/86
pgS. Zr, 2 ;'
A11PP( [,'
a) & b)
2/12/86
pgs. 27 & 28
APPROVED
2/12/86
pgs. 28 - 30
TABLED till
the 2/26
meeting
2/12/86
pgs. 30 - 31
a) & b)
TABLED
2/12/86
pg. 31
APPROVED
a) & b)
PAGE 5
2/12/86
33. As mon - Bond eleas - Temper Reso. 14000 - Discussion
and possible action to release a cash bond posted to
guarantee installation of beautification.
34. Verssillles Gardens - Sign Waiver - Temp. Reso.
3 95 - Discussion and possible action on a request to
renew a sign waiver for a temporary community directional
sign on the northwest corner of NW 80 Avenue and McNab
Road.
35. 9-Q-1—ony springsProfessional-.Building - Sign_Waiver -
Temp. Reso, #3996 -- Discussion and possible action to
renew a sign waiver for a temporary ground sign at
8333 West McNab Road.
36. The Landings n Cypress Greens(formerly Patio Homes
t Fairmont) - Model Sales Facility - Discussion and
possible action to renew a model sales permit for
Units 1 -- 4.
37. Island Club Apartments - Perfpxmance Bond - Temp,
Reso._43997 - Discussion and possible action to call a
performance bond posted for public improvements.
38, Southgatg Apartments (Cardinal Industries - Discussion
and possible action on:
a) Release of a performance bond posted for public
improvements - Temp. Reso. #4001
b) Acceptance of the Bill of Sale for the water distribu-
tion and sewage collection system improvements -
Temp. Res . #4002
39. Woodland-L.4keEst t s 1 e at Woodland Lake) -
WI rranty Bond - -Temp, Reso. #4003 -- Discussion and
possible action to call a warranty bond posted for public
improvements.
REPORTS
40. City Council
41. City Manager
42. City Attorney
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, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
Carol E. Barbuto
Assistant City Clerk
2/12/86
pg. 31
APPROVED
2/12/86 if
pg. 16
TABLED
2/12/86
pg. 16
APPROVED
2/12/86
pg. 14
TABLED till
2/26 meeting
2/12/86
pg. 15
REMOVED
5
Pg. 15
APPROVED a)
& b)
2/12/86
pg. 15
APPROVED
2/12/86
report g_ Ven
12/86
Pg • 39
report given
1
PAGE 6
2/12/86
r
�J
PAGE SEVEN
2/12/86
43. Enzineering Inspection Fees •- 2% for Repair Work
Tem . Reso. # - Discussion and Possible Action
44. Tamarac Park - Bid Award for Sanitary Sewer Line
Relocation - Project 5- - Temp. Reso. p
Discussion and Possible Action.
45. Lime Bay - Request for Bus Service on McNab Rd.
instead of internall —within their development -
Discussion and Possible Action.
46. Approval of Appointment of Judy Deutsch as Personnel
Director - Discussion and Possible Action.
47. Ambulance Malpractice Insurance - Discussion and
Possible Action.
48. Claim by John Taribo - Discussion and Possible
Action.
49. Villas of Sabal Palm - Release of a Cash Homeowners
Warranty Bond wit the substitution Of Letter of —
Credit - Discussion anJ Possible Action.
2/12/86, p.l
Agen, by Cons.
.see nRs 3 &4
2/12/86, p.l
Agen. by Cons.
see pgs. 11 &
12
2/17/86 Pg,•i
Agen. by Cons.
see pR. 35
2/12/86, pg.12
Agen.by Cons.
see u. 12
Pg•
Agen, by Con.
see pgs. 12
& 13
2/12/86 pg. TS
A en. by Con.
2/12/86 P
Agen. by
Cons.
CITY OF TAMARAC, FLORIDA
1
fl
REGULAR CITY COUNCIL MEETING
February 12, 1986
Tape 1 CALL TO QRDER: Mayor Philip B. Kravitz called the meeting to order
on Wednesday, February 12, 1986, at 9:00 A.M. in the Council
Chambers of City Hall.
ROLL CALL: PRESENT:
ABSENT A D EXCUSED:
ALSO PRESENT•
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Sydney M. Stein
Councilman Raymond J. Munitz
Larry Perretti, City Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLE OF ALLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
GENERAL ADMINISTRATIVE/FINANCIAL
43. Engineering Inspection Fees - 2% for Repair Work -
Temp. Reso. #4005 -- Discussion and possible action.
SYNOPSSIa OF ACTION: Agendized by Consent.
(See Pages 3 & 4)
V/M Massaro said Shaker Village has requested a consideration of
fees for the resurfacing of their parking areas and she MOVED to
Agendize this Item by Consent. SECONDED by C/M Gottesman.
VOTE•
ALL VOTED AYE
44. Tamarac Park - Bid Award for Sanitary Sewgr Ling
Relocation - Pro' ct 85-12 - Temp. Reso. #4006 -
Discussion and possible action.
,SY.jQRSIS OF ACTION: Agendized by Consent.
(See Pages 11 & 12)
V/M Massaro MOVED to Agendize by Consent discussion and possible
action concerning awarding of a bid for the sewer line from
University Drive through the University Medical Building.
SECONDED by C/M Gottesman.
VQTE:
ALL VOTED AYE
45. Lime Bay - Request fQr_Eus gervice on McNab Rd. instead
of internally within their development - Discussion and
possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 35)
V/M Massaro MOVED to Agendize by Consent discussion and possible
action concerning petitions signed by Lime Bay residents con-
cerning bus service on McNab Rd. instead of internally within their
development. SECONDED by C/M Gottesman.
YDTE: ALL VOTED AYE
1
2/12/86
/pm
6. Confidential., Supervisory and_Manager_lal_Employeeg - Temp.-
Res-Q. 43811 - Discussion and possible action to approve a pay
plan and benefit package for these employees (tabled from
10/23/85 and 1/2/86)
SYNOPSIS OF ACTION: TABLED
to the 2/26/86 Council meeting at
the request of the City Manager
with the condition that the graphs
and tables are provided to Council
for their review soon.
City Manager Ferretti requested this item be TABLED for more work
to be done on charts and tables for further explanation.
1
V/M Massaro said she will so MOVE with the understanding that these
graphs will be given to Council within the next 5 days for
Council's action at,the,next, regular meeting. SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
46. Approval of Appointment ud Dp utsc as Personnel Director
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 12)
City Manager Perretti said he appointed Judy Deutsch as permanent
full-time Personnel Director on 1/28/86 and he requested this ite
be Agendized by Consent for Council's approval.
C/M Gottesman MOVED to Agendize this item by Consent, SECONDED by
C/M Stein.
YQTE:
ALL VOTED AYE
47. u nc M 1 c ice Insurance - Discussion and possible
action.
,SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 12 & 13)
City Manager Perretti said the insurance company informed the City
that the policy that has lapsed will not be renewed and emergency
action had to be taken by obtaining insurance from the Florida
League of Cities. He recommended approval.
C/M Gottesman MOVED to Agendize this item by Consent, SECONDED by
V/M Massaro.
jiOTE: ALL VOTED AYE
PRESENTATIONS AND AWARDS
1. Safety Committee - Presentation by City Manager Perretti of a
Certificate of Appreciation to Lt. Jim Stuurmans for his
service as Chairman of this committee.
SYNOI!SISQF ACTION: Presentation
was made.
2
2/12/86
/pm
I
1
1
City Manager Perretti presented a Certificate of Appreciation to
Lt. Jim Stuurmans for his service as Chairman of this committee.
V/M Massaro commended Lt. Stuurmans for his many years of service
to the City.
2. Arbor Day --
a) Presentation by City
Arbor Day Foundation
b) Presentation by Mayor
February 28, 1986, as
SYNOP5I5 OF ACTION•
a) City Manager Perretti presented
this award to Mayor Kravitz.
b) Mayor Kravitz presented this
proclamation to Mike Couzzo,
Public Works Director.
Manager Perretti of award from National
Kravitz of a proclamation designating
"Arbor Day".
a) City Manager Perretti presented a plaque from the National Arbor
Day Foundation to Mayor Kravitz.
b) Mayor Kravitz presented this proclamation to Mike Couzzo, Public
Works Director.
3. City e - Presentation of a proclamation by Mayor Kravitz
designating March 9, 1986, as "Hope Sunday".
SYNOPSIS OF ACTION: Proclamation
was presented.
Mayor Kravitz presented this proclamation to Edie Bauer, President
of the City of Hope, Tamarac branch.
QENBRAL ADMINISTRATIVE/FINANCIAL
43. Engineering Inspection Fee -- 2% for Repair Work -
Temp. Rpso,4005 - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
APPROVED as amended. RESOLUTION NO. R-86-60 PASSED.
Mr. Henning read Temp. Reso. #4005 by title.
Mr. Henning said the existing fee schedule is Resolution 85--340.
He said it was brought to their attention that the Code does
include resurfacing and repairs of parking lots, streets, etc.,
and they feel staff is qualified to determine that people are
getting what they are paying for. He said there was a revised
engineering fee schedule which raised engineering fees in October,
1985, on a percentage basis. He said canals, seawalls, headwalls,
etc., are at 7.15% of the construction costs and all other
improvements are at 8-1/4%.
Mr. Henning said this entails an analysis by the staff of the cost
of site plan review, staff review, meetings, etc. He said a
resurfacing project does not go through extensive review procedure
and Bob Foy, Deputy City Engineer, has prepared a memo explaining
the cost of the inspections. He said based on that, they are
suggesting a new item be added for resurfacing and repairs at 2% as
opposed to the 8-1/4% presently in the Code.
3
J
2/12/86
/pm
Mr. Henning said this was brought to the City's attention by
project renovations at Shaker Village but this should be for City-
wide consideration. He suggested amending Section 1, Line 19,
inserting a new subdivision F 2 and insert "Resolution
85-340 to read...".
V/M Massaro said she agrees this is a necessary Resolution and sh
questioned if sealcoating was covered and Mr. Henning said seal-
HI
was never included because it is treated like painting.
said resurfacing is when asphalt is actually laid on top of the
pavement. V/M Massaro questioned, whether an inspection might help
the people that have this done and Mr. Henning said in the past the
City has not required permits for painting a house or building and
sealcoating is being treated the same.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #4005 as amended,
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
Nick Camerano, resident, thanked Council for their assistance
concerning the previous item.
g, ac P k tel i Bu'1d'n -- Discussion and possible
action on:
a) Status report by the Chief Building Official
b) Bid awards for drywall and stucco work
c) Payment of Invoice 53588 in the amount of $404.44 to
Sheridan Lumber, Inc.
d) Awarding of a bid for the painting of the Tamarac Satellite
Building
SYNOPSIS OF ACTION:
a) Status report was given by the
Chief Building Official
b) APPROVED awarding the bid to
Elite Drywall in the amount of
$5,200 and the bid for stucco
to Masonry, Inc. in the amount
of $4,100 for the complete job.
c) APPROVED.
d) Agendized by Consent. ACCEPTED
the bid of H. Kresser, Painter,
in the amount of $4,950.
a) Chief Building Official, Bob Jahn, said he sent Council a memo on
2/5/86 with a break -down and a copy of the computer sheet showing
that the building can be completed with $4,094.00 left. He said
since that time, he presented other items which entail more savings
through his and Mr. Kegan's efforts. He said he is very proud of
the Inspectors in the Building Department.
Mr. Jahn said the approvals he has requested will raise the Con-
tingency Fund to approximately $8,000.00. He said the progress is
adequate and there should be much improvement by the end of Febru-
ary.
V/M Massaro said she agrees the Inspectors have put in a tremend
effort but she questioned an amount of approximately $12,000 which
was paid to Richard Rubin, former Consultant City Planner. She
said she needs a legal opinion concerning this. She said the
contract indicated that he was allowed a percentage and she ques-
tioned whether this was considered in the total amount of money for
this project.
4 2/12/86
/pm
C/M Stein said until the monies are expended above the budget there
is no violation. He said the amounts given by the Chief Building
Official are only estimated amounts. Mr. Jahn said he made an
audit of the Richard Rubin Account and those funds were deducted
from the balance.
Tape 2
Mr. Jahn said the balance shown on the computer run on 2/4/86 and
all of the previous items that have been paid have been deducted
from the amount of $220,000.00 originally budgeted for this item.
Mr. Etheredge entered the meeting and Mr. Henning explained that
based on a computer run, Mr. Jahn gave a break -down from February
as to the cost expenses anticipated on the building from this point
on. He said there was no history before February and there was a
question as to whether the architect's expenses were already paid.
Mr. Etheredge said the architect's fees were paid in the approxi-
mate amount of $12,700.00 back in 1983. Mr. Perretti said the
project started with $220,000.00 and when Mr. Jahn started the
project in October, all he started with was $134,000.00. He said
the computer sheets start at the figure of $134,000.00 on 10/1/85
and now the amount is $113,000.00. He said Richard Rubin's bills
were paid when the amount of $220,000.00 was diminished to
$134,000.00.
C/M Gottesman MOVED to authorize the drywall bid to Elite Drywall
in the amount of $5,200.00. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
d) V/M Massaro MOVED to Agendize by Consent discussion and possible
action to award a bid for the painting of the Satellite Building,
SECONDED by C/M Gottesman.
VOTE
ALL VOTED AYE
c) C/M Gottesman MOVED payment of Invoice 53588 in the amount of
$404.44 to Sheridan Lumber, Inc., SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
V/M Massaro noted that this will be taken from Account #344-761-
572-650 Tamarac Recreation Building.
d) V/M Massaro said the Chief Building Official has recommended that
the bid of H. Kresser, Painter, be ACCEPTED in the amount of
$4,950.00 for the painting of the interior and exterior of the
Tamarac Satellite Building and she so MOVED. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
b) V/M Massaro MOVED APPROVAL of the bid for stucco to Masonry, Inc.,
in the amount of $4,100.00 for the complete job, SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
5
2/12/86
/pm
TAMARAC UTILITIES
12. Utilities West - Bid Award - Temp. Reso. #3966 - Discussion and
possible action to award a bid for fabrication of a jet rodder
(tabled from 1/28/86 )
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-47 PASSED.
APPROVED awarding the bid to
Ironclad Welding in the amount
of $7,350.00.
Mr. Henning read Temp. Egso. #3$66 by title.
C/M Gottesman MOVED APPROVAL of Temp. EEso, j3966 awarding the bid
to Ironclad Welding in the amount of $7,350.00. SECONDED by
C/M Stein.
VOTE:
ALL VOTED AYE
D T R' TE: This approval included a budget transfer of
$7,350.00 from Account #425-380-002 Utilization of Retained Earn-
ings and $7,350.00 from Account #428-399-432 Transfer from 425
Fund. $7,350.00 was transferred to Account #428-367-535-502
Repairs of Video Equipment and Jet Rodder and $7,350.00 to Account
#425-371-536-933 Transfer to R & R Fund. (See Attachment 1)
13. Utilities _West - Water Treatment Plant Rehabilitation
and Expansion (Project 84-20) - Discussion and possible action
on:
a) Presentation by representatives of James M. Montgomery,
Consulting Engineers, Inc., regarding their report.
b) Authorization to solicit proposals for a consultant
engineering firm and to perform the screening process.
SYNOPSIS_OF_ACTION:
a) Glenn Humphrey reviewed their
Final Design Letter Report dated
January, 1986.
b) Authorized the Utilities Director/
City Engineer to pursue proposals
for consulting engineers and to
perform the ranking process.
a) Bill Greenwood, Utilities Director/City Engineer, said in January,
1986, James M. Montgomery completed the water treatment plant
evaluation study which was authorized by Council on 9/11/85. He
said Glenn Humphrey, Vice President and Professional Engineer from
James M. Montgomery, Consulting Engineers, will give a brief
presentation on their findings.
Mr. Humphrey said the treatment plant was built for higher opera-
tion and maintenance costs and less emphasis on good construction.
He said in spite of that, the City has been provided with good
water through the years and is presently, as well. He said last
year the Florida Department of Environmental Regulation gave
Tamarac a commendation on the improved operation and performance c#
the plant.
Mr. Humphrey said there has not been much improvement since the
City took over the plant and it is helpful that the plant is being
reviewed now because there was an emergency procedure on the high
service pumping capability. He said Filters 3 and 4 are being
checked and there are some well facilities going in with a new
storage tank. He said all of these things are very much needed.
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2/12/86
/pm
Mr. Humphrey said through phasing of items such as the treatment
units, storage tanks, filters, additional high service pumps, the
well program, etc., the construction can be spread over a few
years. He said that allows some of the income to be gotten through
the connection fees and helps keeps the burden off the existing
residents and puts it on the new residents of the City.
Mr. Humphrey said some of the items indicated in the report con-
cerns some high service capacity_ and some of that is being done
now. He said there are two additional pumps that must be added at
a future time. He said they are now working on replacing some of
the media and refurbishing Filters 3 and 4. He said in the future
there will be a need for 8 to 10 million gallons per day of average
water and peak usage will be between 12 and 14 million gallons per
day. He said the present plant would certainly not be able to meet
those needs without improvements and upgrading.
Mr. Humphrey said an additional treatment unit should be added in
the future. He said there are presently 6 filters and 2 more are
needed giving the additional capacity to meet future needs. He
said an additional storage reservoir is being installed now and one
additional one is needed. He said they were initially planning on
adding a 2 million gallon per day tank at the plant site and this
should be done in order to meet the fire flow reserve and the peak
day needs.
Mr. Humphrey said an emergency generator is needed within the next
year. He said the overall costs will be approximately 5 million
dollars broken down into several phases. He said those are
present -worth costs and the impact fees should be increased along
with inflation. He said the capital improvement monies are also
increased to give the City equal funds for coverage. He said
the first phase cost is approximately half a million dollars and
the second phase may be over several years and will cost between
four and four and a half million dollars.
C/M Gottesman asked what "future" Mr. Humphrey was speaking of and
Mr. Humphrey said the program should be started within the next
year or two. He said this should not be spread over more than a 3
or 5 year period.
Mr. Henning said the third question for the ballot in March was
authorization to pay for the engineering design of this project.
He.said part of this item is to start the competitive negotiation
process so that if the residents approve this in March, the engi-
neer will be chosen for negotiations.
b) C/M Gottesman MOVED to authorize the Utilities Director/City
Engineer to pursue proposals for consulting engineers and to
perform the ranking process. SECONDED by C/M Stein.
Mr. Greenwood said step one in the competitive negotiation process
is to have a public advertisement in the newspaper requesting
interested consulting engineering firms to submit their qualifica-
tions. He said everything within the Competitive Negotiations Act
is based on qualifications and not price.
Mr. Greenwood said after the qualifications are received, a
selection committee evaluates them and decides on a short list
which consists of three firms. He said once this list is made,
those three firms are notified and given the opportunity to put
together a more detailed scope in one packet and a sealed price
proposal in another.
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2/12/86
/pm
Mr. Greenwood said the selection committee then has a meeting with
a verbal presentation by the consulting firms and then evaluates
their qualifications, ranks them one, two and three and then makes
a recommendation to Council.
VOTE:
ALL VOTED AYE
14. Utilities West - Water Treatment Plant Improvements
(Prgigct 84-20A - B'dAward - Temp. Reso. #3991 - Discussion
and possible action to award a bid for installation of high
service pumps and check valves.
SYNAPSIS OF ACTION:
APPROVED awarding the bid
to R.J. Sullivan Corp. in
the amount of $60,200.00.
RESOLUTION NO. R--86--48 PASSED.
Mr. Henning read Temp. Reso,-#3991 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso. #3991 to
R.J. Sullivan Corp. in the amount of $60,200.00, SECONDED by
C/M Stein.
VOTE: ALL VQTED AYE
BOARDS AND COMMITTEES
4. Welcoming Committee - T so 3990 - Discussion and
possible action to appoint one member.
SYNOPSIS OF ACTION:
APPROVED appointing
Theresa D. Greene for a term
to expire on 5/11/86.
RESOLUTION NO. R-86-46 PASSED.
Mr. Henning read Temp. Reso-._#3$90 by title.
Mayor Kravitz said, as Liaison to the Welcoming Committee, he
attended their last meeting and they proposed appointment of
Theresa D. Greene as a member.
V/M Massaro MOVED APPROVAL of Temp, Reso. #3990 appointing
Theresa D. Greene as a member, SECONDED by C/M Gottesman.
VOTE: ALL YQTED AYE
CONSENT AGENDA
5. Consent Agenda -
a)
Minutes of
12/11/85
- Regular
Minutes
City Clerk.
b)
Minutes of
12/17/85
- Special
Meeting
City Clerk.
c)
Minutes of
1/2/86 -
Reconvened
Regular
recommended
by City
Clerk.
d)
Minutes of
1/10/86
- Regular
Meeting -
City Clerk.
e)
Minutes of
1/17/86
- Special
Meeting --
City Clerk.
- Approval recommended by
- Approval recommended by
Meeting - Approval
Approval recommended by
Approval recommended by
f) Minutes of 1/22/86 - Regular meeting - Approval recommended by
City Clerk.
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2/12/86
/pm
g) Minutes of 1/27/86 - Special Meeting - Approval recommended by
City Clerk.
h) Minutes of 1/28/86 - Reconvened Regular Meeting - Approval
recommended by City Clerk.
i) Minutes of 2/3/86 - Special Meeting -- Approval recommended by
City Clerk.
j) Alan F. Ruf - Consulting City Attorney - General Services
1/16/86 - $3,825.25 - Approval recommended by City Attorney.
k) Alan F. Ruf -- Consulting City Attorney - City Prosecution
Services 1/31/86 - $1,537.50 - Approval recommended by City
Attorney.
1) CH2M Hill - Approval to pay the following invoices as
recommended by the Utilities Director/City Engineer:
1) Invoice 12-473 - 12/13/85 - $ 607.63 - Deep Injection Well
(84-2)
2) Invoice 12-474 - 12/13/85 - 492.81 - University Drive
Utility Relocation (86-2)
3) Invoice 12-469 - 12/13/85 - 3,883.42 - Northwest Force Main
(84-6)
4) Invoice 12-483 - 12/16/85 - 1,353.00 - Deep Well (84-2)
5) Invoice 01-449 - 1/13/86 - 2,029.50 - Deep Well (84-2)
6) Invoice 01-441 - 1/15/86 - 21,677.88 - Sludge Dewatering/
Composting ( 84--7 )
7) Invoice 01-442 - 1/15/86 - 7,867.52 - Northwest Force Main
(84-6)
8) Invoice 01--444 - 1/15/86 - 3,746.55 - Bond Statement
m) James M. Montgomery, Consulting Engineers, Inc. - Approval to
pay the following invoices as recommended by the Utilities
Director/City Engineer:
1) Invoice 58467 - 12/6/85 - $3,045.00 - Water Treatment Plant
Expansion (84-20)
2) Invoice 58468 - 12/6/85 - 3,660.00 - Fuel Storage Tanks
( 85--7 )
3) Invoice 59127 - 1/11/86 - 4,270.00 -- Fuel Storage Tanks
(85-7)
4) Invoice 59132 - 1/11/86 - 3,045.00 - Water Treatment Plant
Expansion (84-20)
n) Justice Reporting Service, Inc. -- Invoice 11156 dated 1/30/86
and Invoice 11115 dated 1/29/86 - Total of $140.00 - EMS Review
Board meetings - Approval recommended by City Attorney.
o) Jay H. Pilchick & Associates, Inc. - Invoice D86184 - 1/31/86 -
$157.41 - Leadership Housing vs. City of Tamarac -- Approval
recommended by City Attorney.
p) Bass Reporting Service, Inc. - Invoice 10430 - 1/28/86 - $40.00
Blumfield vs. Perretti - Approval recommended by City Attorney.
q) Barry S. Eden - Rezoning Petition #21-Z-85 - Temp. Ord. #1228 -
Acknowledgment of withdrawal of this petition by the applicant
on 1/17/86 (Public hearing held 11/13/85) (tabled from
12/11/85).
r) Paul and June Abel, Sideny Shapiro and Elaine Levenson -
Rezoning Petition #23-Z-85 - Temp. Ord. #1229 - Acknowledgment
of withdrawal of this petition by the applicant's attorney on
2/5/86 (Public hearing held 11/13/85)
s) Utilities West -- Wells 20 - 24 (Project 86-4) - Line Item
Transfers - Approval to remove this item from the agenda
(tabled from 1/28/86)
SYNOPSIS OF ACTION: APPROVED
Items a) through s).
2/12/86
/pm
C/M Stein MOVED APPROVAL of Items a) through s), SECONDED by
V/M Massaro.
VOTE: ALL VOTED AY
GENERAL ADMINISTRATIVELFINANCIAL
10. Broward League of Cities Business - Discussion and possible
action.
SYNOPSIS OF ACTION:
Mayor Kravitz gave a report.
Mayor Kravitz reported that the next regular meeting of the League
will be on 2/20/86 at Justin's. He said there will be discussion
at that meeting concerning Home Day Care Centers and Insurance.
11. Northwest Council of Mayors Business -- Discussion and possible
action.
SYNOPSIS OF ACTION:
Mayor Kravitz gave a report.
Mayor Kravitz reported that there was extensive discussion at the
meeting on 2/10/86 regarding the BSO coming into Tamarac. He said
it was unanimously agreed that a Resolution be sent to the Sheriff
from the Northwest Council of Mayors objecting to the Sheriff's
intervention into Tamarac's police patrols and urging the Sheriff
to withdraw his personnel. He said copies will be sent to the
Sheriff and the Broward League of Cities and he will appear before
the Board of Directors on this issue. He said there were several
newspaper articles on this matter as well.
Mayor Kravitz said the many problems concerning Insurance for
municipalities was discussed and they are also researching uniform
rates for Parks and Recreation activities for the City.
TAMARAC UTILITIES
15. Utilities East - Tamarac Lakes Gravity .9oLagrs (.Project
84-5) - Discussion and possible action on:
a) "Statement of Convenience and Necessity"
b) Costs to the affected property owners relating to the
individual homeowners' assessment for this project
(tabled from 1/22/86)
SYNOPSIS OF ACTION: HELD
for later in the day.
(See Pages 17 thru 20)
Rita Schaffner, President of Tamarac Lakes 1 & 2, referred to a
Tape 3 memo which listed:
"$150,000.00 - Capital Improvement
147,000.00 - Gravity Sewer Project
50,000.00 - Engineering Study"
She asked if the amount of $147,000.00 was going to come from the
$282,000.00 overpayment to the east section and, if this money is
used, will the 74 homes be assessed.
V/M Massaro asked for clarification on this and Mr. Greenwood said
what is being referred to is the decision of whether the Tamarac
Utilities East Contingency Fund monies would be used to pay for
the proposed sanitary sewer, in which case there would not be any
assessment to the 72 property owners receiving the sanitary sewer.
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2/12/86
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Mr. Greenwood said if the monies were refunded to the residents
within Tamarac Utilities East, Council would be considering
putting forth a benefit assessment only on the homes abutting the
proposed new sewer.
Mr. Henning asked if grant money was included and Mr. Greenwood
said both options included the State grant reducing the total
figures. He said the Finance Director is presently contacting
local banks to determine what the interest rates are.
Mayor Kravitz said this item will be held for one hour.
16. Utilities West - Wellfield Protection Program (Proieg-t
85-7) - Discussion and possible action on:
a) Awarding a bid for this work at Utilities West and Fire
Stations I and 2 - Temp. Reso. #3989
b) Budget Amendment
SYNOPSIS OF ACTION:
a) APPROVED awarding a bid
to E.G. Campbell & Son, Inc.
in the amount of $46,009.00.
b) An intra-department budget
transfer was approved as
noted in the Minutes.
RESOLUTION NO. R-86-49 PASSED.
a) Mr. Henning read Temp. Reso. #3989 by title.
C/M Stein MOVED APPROVAL of Temp. Reso. -#3289, awarding the bid to
E.G. Campbell & Son, Inc., in the amount of $46,009.00.
SECONDED by C/M Gottesman.
VOTE
ALL VOTED AYE
b) Mr. Greenwood said this will be coming from the General Fund
Contingency Fund.
C/M Gottesman MOVED that the funds be transferred from the General
Fund Contingency Fund to Fire Station Account 001-233-522-630.
SECONDED by V/M Massaro. (See Attachment 2).
VOTE: ALL YOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
44. Tamarac Park - Bid Award fQr-E.4njtgry aeWern
Relocation - Project 85-12 µ Temp. Rego. #4006 - Discussion
and possible action.
SYNOPSISOF ACTION:
Agendized by Consent on Page 1
APPROVED awarding the bid to
Token Development, Inc. in the
amount of $32,880.00.
RESOLUTION NO. R-86-61 PASSED.
V/M Massaro asked Mr. Greenwood where these monies will come from
and he said from the R & R Account.
Mr. Henning read Temp, Reso,4006 by title.
11
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2/12/86 J
/pm
V/M Massaro MOVED APPROVAL of Temp- Reso. #4006 awarding a bid to
Token Development, Inc., in the amount of $32,880.00. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
46. Appgoval of Appointment of Judy Deutsch as Personnel
Director - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
Council confirmed the appointment
of Judy Deutsch as Personnel Director
effective 2/12/86.
City Manager Perretti said on 1/28/86 he appointed Judy Deutsch as
Personnel Director on a permanent, full-time basis with a 6-month
probationary period. He said he is requesting Council accept this
appointment.
C/M Gottesman MOVED APPROVAL of Judy Deutsch as Personnel Director
as indicated in Mr. Perretti's memo to Council dated 2/10/86.
SECONDED by V/M Massaro.
Melanie Reynolds, Charter Board Aide, said this is in violation of
the Charter because the Charter states that the City Manager. must
have the approval of the Council before appointing a Department
Head.
Mr. Henning said Mrs. Reynolds is referring to Section 5.04(a) of
the Charter and Council should ratify for the record that they are
either ratifying her, appointment effective back to 1/28/86 or
effective today. V/M Massaro said there was an error here and she
suggested this appointment be confirmed as of today's date.
C/M Gottesman amended his MOTION and that Judy Deutsch be
appointed as Personnel Director as of 2/12/86.
VOTE•
ALL VOTED AYE
47. Ambulance Malpractice Insurance -- Discussion and possible
action.
SYNOPSIS F ACTION: Agendized by Consent on Page 2
TABLED. when necessary to submit
this to the County, an emergency
Council meeting will be called.
City Manager Perretti said Mayor Kravitz received a notification
this week of the City's insurance carrier's intention to not renew
the ambulance malpractice insurance. He said he gave this to
Judy Deutsch and she discovered two proposals that the City could
get. He said the policy that expired was a million dollar policy
with a premium of $1,900.00. He said the two proposals before
Council today are:
a) a limit of $ 500,000.00 with a premium of $2,169.00
b) a limit of $1,000,000.00 with an annual premium of $3,680.00
Mr. Perretti said due to the emergency nature of the situation,
Mrs. Deutsch authorized the Florida League of Cities to endorse
this coverage onto the City's existing policy at a million dollar
limit for a cost of $3,680.00.
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2/12/86
/pm
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[I
it
1
Mr. Henning said one of the requirements to obtain the Certificate
for the ambulances is having insurance and he questioned whether
the City needed insurance to run the ambulances as rescue vehicles
or merely for transport. He questioned whether a commitment could
be gotten from the insurance company that whenever the ambulance
system is approved by the County, the premium would be paid.
C/M Gottesman said the insurance is needed before the County will
certify the City and C/M Stein said no insurance company will
issue a commitment for a future date. V/M Massaro questioned why
the City cannot get another proposal when the City is ready.
Mr. Henning asked if the insurance company understands that the
City does not have ambulances. Mr. Perretti said the ambulances
are being used for transporting people.
V/M Massaro MOVED that this item be TABLED and when necessary to
submit this to the County, an emergency Council meeting will be
called. SECONDED by C/M Gottesman.
VOTE: ALL VOTED -AYE
TAMARAC UTIL_I_TIES
17. Utilities West - Pump Station and Force Mains Project
86-5) - Discussion and possible action on authorization to
solicit proposals for a consultant engineering firm and to
perform the screening process.
SYNOPSIS OF ACTION:
APPROVED.
V/M Massaro MOVED that the Utilities Director be authorized to
solicit proposals for a consulting engineering firm and to perform
the screening process. SECONDED by C/M Gottesman.
VOTE
ALL VOTED AYE
18. Utilities West - Wastewater Treatment Plant Tr
Pumps (Project 85-191 - Temp. Reso. #3988 -- Discussion and
possible action to award a bid for installation of these four
pumps.
,SYNOPSIS OF__AOTION_:
APPROVED awarding the bid to
Utilities Services, Inc., for
Option A in the amount of
$50,000.00.
RESOLUTION NO. R-86-50 PASSED.
Mr. Henning read T m Reso #3988 by title.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #3988 awarding the bid
to Utilities Services, Inc., in the amount of $50,000.00.
V/M Massaro requested C/M Gottesman amend the MOTION to read,
"Option A" and she SECONDED the MOTION.
Mr. Henning said the Resolution should be amended on Line 17,
after "Utilities Services, Inc.," "Option A" should be inserted.
This amendment was agreed to by C/M Gottesman and V/M Massaro.
VOTE•
13
ALL VOTED AYE
2/12/86
/pm
19. Utilities West - Universitv_„Driye Utility._. Relocation
.(P;oject 86-2) - Discussion and possible action to authorize
solicitation of proposals for a consultant engineering firm
and to perform the screening process.
SYNOPEIS OF ACTION:
APPROVED.
Mr. Henning said this item is Question #2 on the March ballot and
concerns design and construction of the widening of University
Drive. He said there are asbestos cement pipes that must be
relocated and this is the screening process for the engineers to
design the project.
C/M Gottesman MOVED to authorize the Utilities Director/City
Engineer to proceed with the solicitation proposals for a consul-
tant engineering firm and to perform the screening process.
V/M Massaro SECONDED.
Vim( TE : ALL VOTED AYE
COMMUNITY DEVELOPMENT
36. T e Landings n Cypress Greens formerl P t' Homes at
Fairmont - Mod -el Sales Facility - Discussion and possible
action to renew a model sales permit for Units 1 - 4.
S NOPSI OF ACTION: TABLED
to the 2/26/86 Council meeting.
The model sales permit will remain
in effect until that date.
V/M Massaro asked if all records have been changed to the new name
and Carol Barbuto, Assistant City Clerk, said all City Clerk's
records have been changed but there are other records within City
Hall. Mr. Henning said through the memo he received he is aware
of the change in ownership and he questioned whether the old
models are dry or have water connections.
Lou Lawton, Builder and Developer, said the old models are dry at
this time and they are in the process of having the inspections
made now for the sewer and water system. Mr. Henning said there
will probably be an assignment of the old Water and Sewer
Agreement if it is still in effect.
Bob Jahn, Chief Building Official, said he informed Mr. Lawton
that the sewers were probably not all clear and that he would have
to contact the City Attorney to get the Water and Sewer Developers
Agreement in order. He requested a model sales facility approval
be given subject to action that is taken on the process of the
waiver.
V/M Massaro said she is uncertain of the status of the Water and
Sewer Agreement at this moment and she asked Council to allow the
model sales permit to continue until the next regular meeting so
that Mr. Henning can research the Water and Sewer Developers
Agreement.
V/M Massaro MOVED to TABLE this item to the 2/26/86 Council
meeting, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
EDITOR'S NOTE: A check was submitted at the meeting in the amount
of $52.65 for Back Charges, Invoice #21034.
14
2/12/86
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37. Island Club Apartments - Performance Bond - Temp,
Reso. #3997 - Discussion and possible action to call a
performance bond posted for public improvements.
SYNOPSIS OF ACTION: REMOVED
from the agenda since an
extension was received.
Mr. Henning suggested this item be removed from the agenda since
an extension was received on 2/11/86 in the form of a 6-month
extension to the Letter of Credit.
V/M Massaro MOVED to REMOVE this item from the agenda, SECONDED by
C/M Gottesman.
VOTE:
ALL VOT1F. D AYE
38. Southgate Apartments (Cardinal Industries) - Discussion and
possible action on:
a) Release of a performance bond posted for public improve-
ments - Temp, Res #4001
b) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements -- Temp. Reso.
#40Q2
SYNOPSIS OF ACTION:
a) and b) APPROVED.
RESOLUTION NO. R-86--58 PASSED.
RESOLUTION NO. R-86-59 PASSED.
a) Mr. Henning read Temp. ResQ„_#404I by title.
V/M Massaro MOVED APPROVAL of Temp. es 40 releasing
Bond No. 68SBO3791OBCA in the amount of $70,320.50 subject to
receipt of a one-year warranty bond in the amount of $25,341.50.
The warranty bond is to commence 2/12/86. SECONDED by
C/M Gottesman.
Yam:
ALL VOTED AYE
b) Mr. Henning read Temp. Reso. #4002 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4002, SECONDED by
C/M Gottesman.
_VQTE :
ALL VOTED AYE
39. Woodland Lake Estates (Village_ a,t_ Wgo_dlsjnd _Lakg) -
Warranty Bona - Temp. Reso. 14003 -- Discussion and possible
action to call a warranty bond posted for public improvements.
SYNOPSIS OF ACTION:
APPROVED calling the
bond. (See Pages 34 & 35)
for further action).
Tape 4
Mr. Henning read Temp. Reso. #4003 by title.
V/M Massaro MOVED APPROVAL of TCMD. Reso. #4003 calling the bond
since an.extension has not been received, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
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2/12/86
/pm
35. Colony Springs Profgssional RgilAiag- Sign_Waiver -
Temp. so 3 96 - Discussion and possible action to renew a
sign waiver for a temporary ground sign at 8333 West McNab
Road.
P OF ACTION:
APPROVED.
RESOLUTION NO. R-86-57 PASSED.
Mr. Henning read Tgmp, Req2--#39-96 by title.
Florence Bochenek, Chairperson of the Beautification Committee,
said this must have met all the requirements when this was orig-
inally presented and this renewal is just a formality.
V/M Massaro said this is not necessarily so and Mrs. Bochenek said
usually when a letter is received from an owner, a time limit is
not stated. V/M Massaro asked that this be checked further.
V/M Massaro MOVED APPROVAL of Tgmp,. ResO-.132-96, SECONDED by
C/M Gottesman.
(y_TE :
ALL VOTED AYE
34. VgrsQlilI es Gax_0-ens - n aver - Te�nP.�Reso. _ #3�95 -
Discussion and possible action on a request to renew a sign
waiver for a temporary community directional sign on the
northwest corner of NW 80 Avenue and McNab Road.
SYNOPSIS_ OF ACTIONN: TABLED
for one month for an update
letter of approval from the
owner of the property.
Mr. Henning read Temp. Reno. 43995 by title.
V/M Massaro MOVED to TABLE this item for receipt of a letter from
the owner of the property. SECONDED by C/M Stein.
Y_QTE:
ALL VOTED AYE
DIT ' OTE: Mrs. Bochenek checked her files and said this is a
1973 temporary sign waiver.
LEGAL AFFAIRS
27. Spring Housg/Oxf rd I dustries - Tem so 3994 -
Discussion and possible action on a Development Agreement.
(located at the northeast corner of Commercial Boulevard and
Rock Island Road, to the rear of Sabal Palm Golf Course
Clubhouse).
SYN)PSIS OP CTTON: TABLED
to the 2/26/86 Council meeting
for finalization of the
Development Agreement.
Mr. Henning read T m eso # 994 by title.
V/M Massaro said although this is proceeding according to the
various items in the present agreement, she met with the City
Attorney, the City Planner and the Deputy City Engineer to nego-
tiate a new agreement.
16
2/12/86
/pm
1
I
V/M Massaro said this has not been finalized as yet and she,
therefore, MOVED to TABLE this item to the 2/26/86 Council
meeting. She said more detailed plans are needed showing what is
proposed for the golf course, particularly, concerning the
drainage system.
.Mr. Henning said this item was not on the agenda today for
approval. He said Oxford Development is having a special meeting
with the Planning Commission to discuss this project. He said it
is expected there will be many questions raised by the Planning
Commission because there is a stipulation of settlement and some
things are not 100% to Code. He said as part of the negotiations
of settlement and, based on the rights that are claimed by the
landowner from a previous law suit, there needed to be a
settlement document.
Mr. Henning noted that the backup material showed a site plan of
the apartments which will be 2 and 3-story apartments at the
northeast corner of Rock Island Rd. and Commercial Blvd. and there
is a site plan of the golf course where certain drainage improve-
ments will be made for the benefit of the community. He said
there will also be some traffic improvements on the right -turn
lanes from Commercial Blvd. to Rock Island Rd.
Mr. Henning said they tried to make the agreement as clear as
possible separating the on -site improvements for the apartments
and the off -site improvements for the golf course. He said the
traffic improvements, impact fees, etc., are all listed and need
to be modified slightly. He said after input from the Planning
Commission this could come to Council with the site plan for
approval.
C/M Gottesman SECONDED the MOTION.
VOTE: ALL VOTED AY
TAMARAC UTILITIE
15. Utilities East - Tamarac Lakes Ggavity Sewers
(Project 84--5) - Discussion and possible action on:
a) "Statement of Convenience and,Necessity"
b) Costs to the affected property owners relating to the
individual homeowners' assessment for this project
(tabled from 1/22/86)
SYNQPSIS OF ACTION: Discussed previously on Pages 10 & 11.
TABLED to the 2/26/86 Council
meeting.
a) Bill Greenwood, Utilities Director/City Engineer, said several
years ago the City decided to install sanitary sewers to eliminate
septic tanks for 72 homes. He said a grant application was
submitted and they were successful in receiving a grant. He said
to have this project moved forward, several items have been
implemented:
- A referendum was approved for the project
- All the financial papers submitted to the State indicated that
the City's local share would be taken from the Contingency
Fund.
- Residents within the Tamarac Utilities East area have raised
questions concerning the proposed disposition of the Contin-
gency Fund.
17
2/12/86
/pm
Mr. Greenwood said a meeting was held yesterday pertaining to
alternate ways to handle this situation. He said the State is
anticipating that the City will be using the Contingency Fund
monies as originally certified by City Council Resolution.
Mr. Greenwood said the Finance Director was requested to research
the possibility of the cost to the individual 72 residents and how
much it would cost them if they had to pay the entire local share
on their own.
Frank Etheredge, Finance Director, said based on a project cost of
approximately $265,350.00 and, taking into account monies that
will be received by the City from the grant, the residents will
have to pay approximately $405.00 per year.
Mr. Etheredge asked the City Attorney if the City can borrow money
without going to referendum and Mr. Henning said no. He said the
City would be borrowing money to be paid back by a specific number
of homeowners. He said the Charter states that capital improve-
ments and borrowing must be approved by referendum.
Mr. Etheredge said the loan would be an adjustable rate loan for
ten years. C/M Stein said if the City took the route that was
originally announced to the State there would be no loan and the
monies would be taken from the Contingency Fund and Mr. Etheredge
agreed. C/M Stein asked if the second option is used and the 72
people are charged their share, which totals approximately
$4,000.00 per person, how much would be left for distribution to
those people from the Contingency Fund.
Mr. Etheredge said the balance left in the Utilities East Fund
would be approximately $167,000.00 in Retained Earnings.
Mayor Kravitz said at a meeting held yesterday, the people present
from east of 441 did not want to take that avenue. He said they
generally felt that the 72 homes involved would be hard-pressed
and they did not want that.
Rita Schaffner, resident, said according to her figures, when
everything is taken from the Contingency Fund, there would be
approximately $100,000.00 left for distribution. She asked what
the correct figures are and City Manager Perretti said it would be
approximately $100,000.00. He said the Consultant and City
Engineers estimate that the Contingency Fund in that area should
remain between $150,000.00 and $200,000.00. He said when the
figure of $167,000.00 was reached, it was determined that if there
was going to be money reimbursed from that amount, the City could
keep $67,000.00 in the Account.
Mayor Kravitz asked Mr. Etheredge if the City does not reimburse
the people east of 441 any money, will they be assessed for the
sewer. Mr. Etheredge said if nothing is given back, the project
would come out of "Available Funds" and the 72 residents would not
be assessed. Mr. Perretti said there is only about $22,000.00
left in the Contingency Fund and, if there are any repairs or
maintenance needed, there will not be enough money for handling
that.
C/M Stein said when this project is installed, if the Contingency
Fund is used, there will be no assessment. He said any further
assessment, if needed, would be on an overall basis for the
maintenance of the entire area.
18
2/12/86
/pm
1
I
i u
V/M Massaro said there is not enough money for that considering
what has already been ordered and must be paid for. She said the
total number at one time was $400,000.00 and if approximately
$200,000.00 is removed from that, there is not enough money left.
She said the people that paid the money into this fund are not
willing.to allow this money to be spent for this purpose.
C/M Stein asked if all of the people in that area agree to this,
are there enough funds to take this from the Contingency Fund and
Mr. Etheredge said yes. V/M Massaro asked if that would pay for
the lift stations on order and Mr. Etheredge said there is
$150,000.00 budgeted for the lift stations, $50,000.00 budgeted
for two other items. He said the maintenance expenses will be
paid from the current revenues.
Mrs. Schaffner said after yesterday's meeting there was discussion
concerning this matter and it was determined that the amount of
$100,000.00 divided among over 900 people would not be worth it.
She said there were a couple of people that did want to go another
route. V/M Massaro asked how many people were present at this
meeting and Mrs. Schaffner said all the Presidents of the Boule-
vards North, South and other areas. Mayor Kravitz asked if those
attending were speaking for their individual areas and she said
yes.
Mr. Henning said this is a fund that has been established by the
Utility and a referendum is not needed for the Council to author-
ize expenditures from that fund provided the expenditures are
under the $150,500.00 amount. He said to have the capital pro-
ject, which is over the amount of $150,000.00, there must be
approval.and that was given previously. He said the question
remains concerning the source of the funds...
Mayor Kravitz said it was established yesterday that there was no
money in escrow and Mr. Etheredge said it was kept in the Utili-
ties East Fund and Retained Earnings. Mayor Kravitz said some of
those:,present at yesterday's meeting had stated that there could
be a.law suit if they did not receive an amount of $440,000.00.
He asked.if that has been resolved and Mrs. Schaffner said there
was a vote of 6 to 2 but the people wanted to speak with their
individual communities.
Mr. Henning said two further points to be considered are that,
according to Florida Statutes, any assessments against the
homeowners should be an annual assessment as opposed to monthly.
He said in order to determine the proper project cost, it must be
determined whether or not a charge for CZAC's will be assessed
against each homeowner. He said that is a $900.00 figure and he
was under the impression that that would be removed.
C/M Stein said the amounts involved vary from $5,000.00 to $100.00
and the people should be asked to go along with what was origin-
ally committed to the State that this would be taken from the
Contingency Fund. V/M Massaro said more meetings are required to
resolve this. Mayor Kravitz asked Mr. Greenwood if there are
deadlines to be met concerning this and Mr. Greenwood said this
could be tabled.to the next regular meeting.
Mrs. Schaffner said she will arrange a meeting of all the people
within the next two weeks concerning this.
19
2/12/86
/pm
V/M Massaro MOVED to TABLE this item to the 2/26/86 Council
meeting, SECONDED by C/M Gottesman.
VOTE•
ALL VOTED AYE
20. Utilities West - Two Separate and Distinct Operations
and Maintenance Buildings (Project 85-20)_ - Discussion and
possible action to accept the ranking of the firms by the
selection committee and to authorize negotiation of a contract
in the numerical order of ranking.
SYNOPSIS OF ACTION: (See Page 39)
Authorized the Utilities Director/
City Engineer to proceed to rank the
firms (See Page for recon-
sideration of this item).
Bill Greenwood, Utilities Director/City Engineer, said the selec-
tion committee met for the first selection process for profes-
sional qualificatons on 1/9/86. He said 5 firms had submitted
their qualificatons and 3 firms were short-listed:
Daniel A. Adache - Russell Axon
Hazen & Sawyer - Darby & Way
Oscar Vagi - PRC
Mr. Greenwood said they are requesting authorization to enter into
negotiations with Daniel A. Adache - Russell Axon, which is a
joint venture to develop a detailed scope of services and negoti-
ate a proposed contract for Council's approval.
V/M Massaro said at the present time there are no costs attached
to these proposals and Mr. Greenwood said there are no costs
incurred by the City until there is a signed contract.
Mr. Henning asked if this was part of the 15 million dollar bond
referendum from a few years ago and Mr. Greenwood said yes. He
said this has referendum approval to move forward whenever Council
is ready.
V/M Massaro MOVED that the Utilities Director/City Engineer be
authorized to proceed to rank the'firms for the contract for the
Maintenance and Operations Buildings which will be required at
TUW. SECONDED by C/M Gottesman.
VOTE:
C/M Stein Absent
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch.
Mayor Kravitz reconvened the meeting at 1:30 P.M.
ROLL CALL PRESENT•
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Sydney M. Stein
ABSENT AND EXCUSED:
Councilman Raymond J. Munitz
20
2/12/86
/pm
LEGAL___AFFAIRS
24., ESM_ LitIgAtio_n -. Discukssion and possible act -ion on payment of
,invoices from the following firms:
a) Morgan, Lewis & Bockius
b); Peterson and Company
c) English, McCaughan & O'Bryan
(tabled from 1/28/86)
SYNOPSIS OF_„AC;TION:
a) APPROVED payment of the
11/30/85 Invoice to Morgan,.
Lewis & Bockius in the
amount of $86,150.73
b) APPROVED payment to
Peterson and Co. in the
amount of $24086.98.
c) APPROVED payment to
English, McCaughan &
O'Bryan in the amount
of $859.7.2.-
a) Mr. Henning said he strongly recommends the payment of all of the
bills,.on:the agenda. He said in the English, McCaughan & O'Bryan
invoices, there was an additional bill that came in which included
a court.reporter's bill which must also be paid.
Morris Brown, Partner with Morgan, Lewis & Bockius, said his firm
was retained by the City to pursue litigation in the ESM matter.
He-,said_since he last addressed Council, a great deal has occur-
red. He said there is a law suit pending against Alexander Grant
and ;the partners and another suit pending against Bradford Trust
Co., He.said they stated a claim in the name "ESM Bankruptcy".
Mr. Brown said with respect to the Bradford litigation, final
motions to dismiss and motions for sanctions have been filed.
Tape 5 He.said_the New York,Court dismissed the defendants' actions
seeking to avoid the racketeering charges and seeking to employ
sanctions against Morgan, Lewis & Bockius for making those
.charges. He said the final arguments on motions to dismiss have
not.yet been scheduled but all of the briefs have been filed.
Mr. Brown said Judge Gonzalez, who is the Federal District Court
Judge in charge of that case in the Southern District of Florida,
has pushed plaintiffs and defendants harder in order to try to
bring that matter to trial quickly. He said deposition schedules
have been set and commenced in which Grant Partners, Managers and
workers involved in the audits are being subjected to depositions
two or three days a week. He said the other days of the week are
spent_. in_ preparation.
Mr. Brown said almost all of the Grant production has been effect-
ed and they.have had access to all of the Grant work papers going
back to 1975. He said they, as Plaintiffs, along with Peterson,
who are specialized litigation accountants that do significant
work in assisting plaintiffs and defendants in preparing the
technical side of cases against and for accountants, have been
through all of the Grant work papers in great detail and prepared
the information Morgan, Lewis & Bockius needs to effectively cross
examine the Grant Partners and other Grant employees to try to put
the case together in anticipation of a trial late in the fall of
1986 or early 1987. He said Judge Gonzalez has indicated that
time frame as his desire for a trial date.
21
2/12/86
/pm
Mr. Brown said with
respect to the bankruptcy
claim, the last time
he addressed Council
he indicated that there was
a proposed
distribution of over
30 million dollars and it
was suggested that
amount be effected to
parties asserted various
the various cities. He
claims and the final
said different
terms are being
negotiated for that
settlement agreement.
Mr. Brown said Bradford had entered into agreements with ESM prior
to the time of the ESM bankruptcy, in which ESM agreed to
indemnify Bradford for any negligence which might have occurred on
the part of Bradford in connection with dealing with the
customers' securities. He said in order to secure that indemnity,
they had pledged the securities that ultimately were sold by the
Trustee and created that 30 plus million dollar pool.
Mr. Brown said Bradford, therefore, has a claim in the bankruptcy
proceeding against the pool of funds that would otherwise be
distributed to the various municipalities. He said Bradford has
said that in order to induce them to waive their claim against
that pool of funds for negligence, the municipalities have to
waive any claims they may have against Bradford for negligence.
Mr. Brown said among the 18 or 20 counts in the complaint Morgan,
Lewis & Bockius filed against Bradford in New York on behalf of
Tamarac, were some counts for negligence. He said they are not
primary counts that were asserted against Bradford since those
were more serious than negligence.
Mr. Brown said he would recommend that, in order to facilitate the
distribution that would result in approximately 1-1/2 million
dollars coming back to the City, the City should go along with
many of the other municipalities and drop those negligent counts
against Bradford in exchange for Bradford waiving its rights
against that pool.
Mr. Brown said the other thing that must occur before a settlement
and that distribution is effected would be for Judge Gonzalez to
have a hearing in which he will address the objections of those
creditors who object to this situation. He said they imagine that
will be scheduled shortly after the settlement agreement is
signed. He said there is a 30-day notice provision that has to be
complied with.
Mr. Brown said assuming Judge Gonzalez overrules those objections
to distribution, there is a short appeal period that will run and
then the distribution will be effected. He said this would be a
period of between 4 to 6 months from today's date.
V/M Massaro asked what Mr. Tew feels about the municipalities
dropping the negligent counts against Bradford in exchange for
Bradford waiving its rights against that pool and Mr. Brown said
Mr. Tew is recommending that the municipalities waive their claims
against Bradford. He said Mr. Tew cannot assert those claims for
the municipalities since Mr. Tew only represents the ESM estate
and, in some ways, he has different claims against Bradford as
well as Grant than the municipalities do.
V/M Massaro asked if the City's claims against Bradford are more
important than the negligence and Mr. Brown said yes, the claims
that will serve as the primary basis for the recovery against
Bradford are claims of a higher level of wrong -doing than negli-
gence.
22
2/12/86
/pm
Mr. Brown said that should not have an adverse impact on,the City
and, any that might exist, would have to be weighed against the
benefits of an immediate recovery of the 1-1/2 million dollars
from the pool.
V/M Massaro noted that the City's claim against Bradford was for
more than 1-1/2 million dollars and Mr. Brown said Tamarac's claim
against Bradford was for the full 7 million dollars and there will
be no portion of the claims waived except that based on negli-
gence. He said the complaints regarded as most promising for
recovery will remain in the complaint.
V/M Massaro asked if Morgan, Lewis & Bockius' bills have been
reduced as a result of the others that have to be paid and
Mr. Brown said each of the firms is doing different things. He
said there has been a significant savings by all of the
municipalities using the English law firm to effect distribution
of documents and to archive documents rather than each performing
the services individually.
Mr. Brown said the Peterson bills are quite different since they
are an accounting firm that is serving an expert witness function.
He said -they are testifying and examining papers with a view
toward the competency and level of professionalism that Grant
exercised in doing the ESM audits rather than Morgan, Lewis &
Bockius hiring their own accountant.
V/M.Massaro asked what was done before Peterson was hired and
Mr. Brown said they did not need their services until this point
since they tried not to incur expenses before necessary.
Mr. Henning said many weeks ago Council directed him to meet with
Mr. Brown regarding the budgeted amount of $250,000.00 which was
budgeted for this fiscal year for the cost of the ESM litigation.
He said based on discussions at that meeting Mr. Brown has agreed
to defray some of the time charges until either another fiscal
year or charged against the settlement or some other time. He
said there have been some deductions from the time charges and he
recommended the invoice be paid for the bills up to 11/30/85.
V/M Massaro asked for specific dates and amounts and Mr. Henning
referred to an invoice dated 12/24/85 from Morgan, Lewis & Bockius
which was attached to a letter dated 1/15/86. He said the state-
ment is for $75,000.00 plus enumerated costs of telephone, mail-
ing, shipping, duplicating time, copier, word processor, court
reporter costs of $11,150.73 totalling $86,150.73. He recommended
that this be paid and charged against a line item that is ESM
Litigation Expenses for this fiscal year.
Mr. Henning said the time and charges for that bill were referenc-
ed in the cover letter. He said the cover letter states "roughly
$140,000.00" and the difference between $140,000.00 and $75,000.00
is being deferred to a future fiscal year or to be charged against
the settlement. He said the amount shown is $140,553.00 billed to
11/30/85.
V/M Massaro asked how much is owed from 11/30/85 to 1/30/86 and
Mr. Brown said $76,245.00 of which they are requesting $33,000.00
for this fiscal year. Mr. Henning said the amount of $140,553.00
has been updated to $141,627.00.
23
2/12/86
/pm
C/M Stein asked what the firm of English, McCaughan & O'Bryan does
and Mr. Brown said they are serving as the clearing house for all
of the law firms.
C/M Gottesman referred to the total bill from English, McCaughan &
O'Bryan which is $5,478.86. Mr. Brown said of that total bill
amount, Tamarac's share of that amount was $489.82 since the City
is sharing expenses with other cities.
Mayor Kravitz suggested the amounts for each of the items on the
agenda be noted for clarification of the record:
a) Morgan, Lewis & Bockius - $86,150.73 ($75,000.00 fee plus
costs for services rendered through 11/30/85).
b) Peterson and Company
c) English, McCaughan &
O'Bryan
- $ 6,008.04 -
10/23/85
10,799.61 -
11/15/85
7,579.33
- 12/30/85
- $ 489.82
- 10/31/85
369.90
- 12/11/85
$ 859.72
V/M Massaro asked Mr. Brown if Mr. Tew is doing the same work
concerning Bradford Trust and Mr. Brown said no, Mr. Tew has
significantly different claims against Bradford Trust and
Alexander Grant than the municipalities do. He said the problem
is Mr. Tew is asserting a claim of ESM against Grant when ESM
worked with Grant to perpetrate the very fraud being sued on.
He said they have tried to share information with Mr. Tew to avoid
doing things twice but his claims are very different.
a) C/M Stein MOVED APPROVAL of payment to Morgan, Lewis & Bockius of
their invoice in the amount of $86,150.73, SECONDED by
C/M Gottesman.
VOTE:
ALL TED AYE
b) C/M Gottesman MOVED APPROVAL of payment of the invoices of
Peterson & Co. in the amount of $24,386.98. SECONDED by
C/M Stein.
VOTE: ALL `%QTED AYE
c) C/M Gottesman MOVED APPROVAL of payment of the invoices of
English, McCaughan & O'Bryan in the amount of $859.72, SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
V/M Massaro asked when the last payment was made to Morgan, Lewis
& Bockius and Council members said there were payments made before
October during the last fiscal year.
Vickie Beech, resident, asked what has been spent on ESM litiga-
tion from the beginning of the contract with Morgan, Lewis &
Bockius to date. Mayor Kravitz suggested that the Finance
Director be contacted for exact figures.
Mr. Brown requested that Council take formal action to approve the
waiver, if necessary, of the negligence claim against Bradford in
order to effect the proposed ESM distribution.
24
2/12/86
/pm
1
1
Tape 6
Mr. Henning said there will not be that first distribution until
this matter is resolved. Mr. Brown said Mayor Kravitz or one of
the designees of the City will be asked within the next three
weeks to sign a settlement agreement on behalf of the City.
Mr. Henning said he would suggest Council consider a MOTION
authorizing the Special Counsel, on behalf of the City, to waive
the simple negligence claims against Bradford as part of settle-
ment discussions.
C/M Stein so MOVED, SECONDED by C/M Gottesman.
Bill Gronski, Bermuda Club resident, asked if any of the other 11
cities participating in this litigation have submitted any waivers
as yet. Mr. Brown said 3 of the other cities have sued Bradford
and there have been indications from counsel from each of those
cities that they are willing to waive the negligence claims. He
said he does not know which have taken formal action.
Mr. Brown said they will all be signed at the same time since no
one will sign this settlement agreement unless almost everyone
does.
City Manager Perretti said prior to this fiscal year, Morgan, Lewis
& Bockius were paid $95,519.54 and, with today's approval of
payment of invoices, the total to date is $111,040.00.
VOTE:
ALL VOTED AYE
23. Annexation - Temp. Reso. #3993 - Discussion and possible action
objecting to de -annexation of any of Tamarac's land.
SYNOPEIS QF ACTION-
APPROVED.
RESOLUTION NO. R-86-52 PASSED.
Mr. Henning read Temp. Resor -#3993 by title.
V/M Massaro said the proposed de -annexation of the eastern portions
of Tamarac affects the City as a whole. She said Fort Lauderdale
is hoping to acquire that area so that those homes could be moved
and this area used for an addition to the Executive Airport. She
said this would be very disruptive to the entire area.
V/M Massaro MOVED APPROVAL of Te p. Reso. #3993 and urged Council
members to attend the meeting tomorrow, SECONDED by C/M Gottesman.
VOTE
ALL YQTED AYE
PiTBI,_IC__HEARING
28. Colony West Joint Ventu e c o Darby and Way, Inc. -
Rezoning Petition #27--Z--85 - Temp. Ord. #1241 - Discussion and
possible action to rezone lands at the southeast corner of
McNab Rd. and NW 88 Ave. from RM-10 (Planned Apartments) to B--2
(Planned Business) utilizing the 5% flexibility rule for
commercial development in residential land use area not to
exceed 10 acres. Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting
b) Consideration of application
SYNOPSIS OF _ACTION: ORDINANCE NO. 0-86-10 PASSED.
a) ACCEPTED Affidvits.
25
2/12/86
/pm
SYNOPSISSyNOPSIS OF ACTION: Cont'd.
b) APPROVED Temps Ord #1241
on second and final reading
as conditioned.
Public Hearing was held.
a) Mr. Henning read Temp. Ord. #1241 by title.
EDITOR'S NOTE: There were checks submitted at the meeting as
follows:
$4,508.52 - Guaranteed Revenues and Interest from 2/1/85 to 3/1/85
for Parcels L and R
59.75 - Publication Costs
Mayor Kravitz asked the Assistant City Clerk if she had the Affi-
davits of Publication and Posting and she said yes.
C/M Gottesman MOVED ACCEPTANCE of the Affidavits, SECONDED by
V/M Massaro.
VOTE:
C/M Stein Absent
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
b) Greg Darby, of Darby and Way, said the rezoning is at the southeast
corner of McNab Rd. and NW 88 Ave. and they have agreed to restrict
the uses to B-1 with some minor exceptions.
Mayor Kravitz opened the public hearing.
Mr. Henning suggested Mr. Darby display the drawings of the pro-
posed project. Mr. Darby said the southeast corner of the inter-
section is surrounded with B-2, B-3 and B-5 zoning on the other 3
corners. He said they have proposed B-2 uses for a restaurant and
a sales facility for dry goods over 5,000 square feet.
Mr. Darby said they have met all of the buffer areas for
landscaping and have exceeded the requirements on NW 88 Ave. and
McNab Rd. He said they have used the same corridor buffer as used
on University Dr. of a 20-Moot berm. He said they have utilized
existing curb cuts on McNab Rd. with a left -turn lane and the
existing access to the driveways off NW 88 Ave. He said the layout
of the site would overlook the golf course for the restaurant
facility with no parking in the rear.
Mr. Henning asked what a typical tenant would be for this location
and Mr. Darby said the main emphasis of the center will be the
restaurant. C/M Stein asked the square footage of the mercantile
center and Mr. Darby said it is about 16,000 square feet.
Melanie Reynolds, Charter Board Aide, asked how far down the Colony
West Country Club this will go and Mr. Darby said about 400 feet
from the intersection to the south. Morton Student, resident, sai Cl
there are enough businesses in this area of the City.
Mayor Kravitz closed the public hearing with no further response.
V/M Massaro said this is an excellent area for this type of project
and she asked if Mr. Darby would commit to installing a traffic
light there.
26
2/12/86
/pm
I-]
1
Ll
Mr. Darby said it was his understanding that there was a traffic
light committed to by the Country Club. He said one of the
problems that the County Engineering Department has is the spacing
requirement from McNab Rd. V/M Massaro said the lights could be
coordinated so it would not affect the traffic adversely.
Mr. Darby said one of the things,the County will request is
justification and number of trips in and out and, because of the
private use of golf course, that might not be justified. Mr. Darby
conferred briefly with his client and said at the site plan stage,
they will commit to working with the County if a light can be put
in. He said they will also work with any developers in the area
should there be any funds that were committed in the past.
V/M Massaro said the City must research this as well and, if there
is a commitment from the present Country Club, they would have to
meet their commitment and, if not, this approval would have to be
subject to this being bonded for a traffic light at the golf cart
crossing. Mr. Darby agreed to this on behalf of his client.
C/M Gottesman asked Thelma Brown if there were County restrictions
regarding the distance between two traffic lights and Mrs. Brown
said due to the fact that there are hazardous situations, the
County is willing to negotiate this point.
V/M Massaro MOVED APPROVAL of Temp. Ord. #1241 on second and final
reading,, approving the rezoning subject to the applicant bonding
for a traffic light under the condition that if there is another
commitment for the traffic light by the Country Club, they would be
obliged to share the responsibilities. She said otherwise, the
Colony West Joint Venture would be responsible for bonding it
within the next 60 days. The cost would depend on the amount given
by the County for a maximum of $45,000.00. The revised engineering
costs must be done every 4 years. SECONDED by C/M Gottesman.
V/M Massaro noted that the bond should have an escalation clause
and if they do not do proceed for several years, they would have to
pay the prevailing amount at that time. Mr. Henning said if four
years is an agreeable time, then there should be revised engineer-
ing costs every four years. V/M Massaro said that stipulation
should be included in the MOTION and C/M Gottesman, as the SECOND,
agreed.
VOTE: ALL VOTED AYE
COMMUNITY DEVE QPMENT
29.Colony-West Joint Venture c Darby --and Inc. -
Tgmp., peso. #4004 - Discussion and possible action on a
Declaration of Covenants and Restrictions.
_SYNOPSIS OF ACTION:
APPROVED as amended.
RESOLUTION NO. R-86-53 PASSED.
Mr. Henning read Temp. Reso. #4004 by title.
Mr..Henning.said the Declaration of Covenants and Restrictions has
been offered by the petitioner to accompany the rezoning, which was
just approved. He said it was revised in November, 1985, to remove
the.supermarket provision.
Thelma Brown, City Planner, asked if the approval of the last item
included the stipulation that the restaurant must receive Special
Exception approval.
27
2/12/86
/pm
Mr. Darby said they agreed that they will comply with B-1
Ordinances which require Special Exception for a restaurant.
V/M Massaro said this is limiting this restaurant to a minimum of
12,000 square feet. Mr. Henning said in Paragraph 1 of the Coven-
ant, where "supermarkets" are sticken, the word "a restaurant in
excess of 12,000 square feet". Mr. Darby said they agree to that.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4044 as amended,
SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
30. Tiimarag NurgingCenter - Discussion and possible action on:
a) Revised Development Agreement regarding Land Use Amendment
b) Landscape Plan
(tabled from 1/22/86)
SYNOPSIS OF ACTION: TABLED
to the 2/26/86 Council meeting.
a) City Planner Brown said this item was before Council twice and on
both occasions there was a conflict on the amount of fees to be
charged for the Land Use Plan Amendment. She said at the last
meeting there was a break -down of what those fees were to be and it
was indicated that the Landscape Plan that they submitted was in
compliance with the Code. She said through the efforts of
V/M Massaro and Florence Bochenek, Chairperson of the Beautifica-
tion Committee, they were successful in receiving a patio rest area
for the residents use.
Ms. Brown said they met with Dan Oyler, who represented Tamarac
Nursing Home, and they have agreed that the Land Use Plan Amendment
fees and the cost of advertisement will be a total of $7,900.00.
She said the original cost was $10,000.00 but, due to the County
implementing an A.C.L.F. Ordinance, which the City can adopt, the
fees of $7,900.00 are to be paid before the public hearing.
Ms. Brown noted that the petitioner has a check with him for
$8,200.00 plus a check for $400.00, which is more than what the
fees totalled. She said the developer has requested that these two
checks be accepted by the City and that they receive a rebate on
the monies over $7,900.00.
V/M Massaro asked if the amount of $7,900.00 includes the publica-
tion costs and Ms. Brown said yes. Ms. Brown said Dan Oyler
suggested that the rebate they are entitled to could be held.
She said a revised developers agreement is needed and Mr. Henning
said there was a developers agreement concerning platting and most
of the development of the nursing home. He said it referenced the
Land Use Plan Amendment. He said Council wanted to add a paragraph
to that agreement to state that the expenditure for the Land Use
Plan Amendment would be paid by the developer.
V/M Massaro said that would have to come back to Council at the
next meeting. She MOVED to TABLE this portion of the item to the
2/26/86 Council meeting so that the City Attorney can amend that
one paragraph as it affects the Land Use Amendment, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
28
2/12/86
/pm
b) Florence`Bochenek, Chairperson of the Beautification Committee,
said they reviewed this plan several times and find it very
acceptable.
Max Offenberg, resident of£ogmertCitylManager,efromthe
Richardfollowing
Rubin,
memo, "To Elly F. Johnson,
Consultant City Planner, dated 11/2/84. Proposed beautification
for Tamarac Nursing Center. ativestongEdgewater Villagerandetheof
Mayor Kravitz with represent
developer's representative for the proposed nursing
home an Midway
Plaza. Present were Dan Oyler, from Craven Thompson
the developer's representative, Roseann Goldgell, Edgewater
Village, Sam Goldg ll, Edgewater Village, and Max Offenberg,
Edgewater Village
"The residents are insistndtat6atoti�-foottwallFshould beholly
builthedge
should stay as a buffer a
behind the hedge. The setodwidenwand reslopeinformed
theacanalatocthe tedge
Cade requires developer
of the vacant properties and all the property line. The holly
be bushes are located in the areaC' scCodesregraded d
requires them tobeore-
therefore, Chapter 24 of Tamara
moved."
"Mr. Offenberg stated that he is the representative of Edgewater
Village and if the hedges are removed the residents would be
OP to the nursing home's SpeC1aneEwaspdiscussedpossible
meet -
solution along the north property
ing° Code. Build a 6-foot high berm begin-
1. Regrade canal per City line.
ping 20-feet south of the north property
2. Construct a 5-foot hedge, 36-inches off -center on top of the
berm.
3. Plant shade trees 15-feet high, 25-feet off -center on the north
side of the berm.
4. Extend guardrails at the new
ermentfrom entering the rance wall on 79 Asite oh and post
south side to prev
parcels of land.
"NO Trespassing" signs on both
5. No windows should be permitted on the north side, second floor
of`the building.
6. Skylights will still be possible."
Mr. Offenberg said there was a 7th condition that was not agreed to
but the other 6 items were agreed to by Gerry Schwartz, Project
Coordinator for this nursing center. He asked if this Landscape
Plan covers these 6 items
andwhich
said they haveagreed
allQbeen/agMeedato.ro went
over.each of the item
V/M Massaro asked if "No Tre-spassing" signs were shown on the Plan
and Ms. Brown said no. V/M Massaro said it should be put on the
Plan and Doug Cowan, represeid ntative
SchwartzCraven
previously agreed to
the Plan. Mr. Offenberg
put "No Trespassing" signs on the Edgewater Village property and
Mr.'Cowan said the developer is,obligated to provide those signs.
V/M Massaro MOVED APPROVAL of the Landscape Plan as amended to
indicate that "No Trespassing" signs will be posted.
Ms Brown noted for the record that the trees will be various
Tape 7 types of trees.
29 2/12/86
/pm
Mr. Offenberg said they are concerned that an older person from the
nursing home could get hurt in the canal and the major reason his
area accepted the nursing home was that there were promises that
they would not be invaded by fisherman and boaters. He said they
should have been invited to the Beautification Committee meetings
concerning this item. He said if the black olive trees will not
provide privacy than his area will be against them.
Florence Bochenek, Chairperson of the Beautification Committee,
said this was discussed with Mrs. Goldgell and they were informed
that there would not be all black olive trees but there will be the
same number and the area will be adequately protected. She said
they are just requiring a variety of trees.
The MOTION was SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
31. Model,lales Facility DistanceWaivers - Discussion and possible
action on:
a) Waiver form
b) Waiver of the 300-foot distance requirement for issuance of
certificates of occupancy for the following:
1) Woodmont Tract 72-C (Pineapple Park)
2) Woodmont Tract 48 (Waterford at Woodmont)
3) Treehouse Apartments
(tabled from 1/28/86)
SYNOPSIS_ OF ACTION:
a) TABLED for redrafting of forms
b) 1) TABLED for payment of fees and
signing of forms
b) 2) TABLED for signing of forms
b) 3) TABLED for signing of forms
a) V/M Massaro said the forms presented by the Chief Building Official
are fine and would require each person affected within the 300--foot
waiver distance to sign this form. She said she thought there
would be one form for everyone to sign rather than individual
forms. Chief Building Official Jahn said his procedure would be
that the forms would be given to the developers and they would get
the signatures of the individual homeowners. He said each time a
renewal is wished everyone affected would give that to the City
Clerk. V/M Massaro said there should be just one sheet for each
project to avoid all this paperwork.
Mr. Henning said when the model permits are issued and the site
plan is examined to determine a list of the affected units, if
known, the Planning office or the developer would have to have a
cover sheet drafted. Mr. Jahn said the problems are that when a
site plan is received there may be unnumbered units and it is
unknown what numbers will be assigned. V/M Massaro said the City
can give them numbers.
Mr. Jahn said when the developer sells a unit, there may be vacant
ones in that area and there are not enough people to police this.
V/M Massaro said that is why it should all be on one form to show
the signatures on each unit.
V/M Massaro MOVED to TABLE this portion of the item for the
redrafting of the forms, SECONDED by C/M Gottesman.
30
2/12/86
/pm
1
b) 1) V/M Massaro MOVED to TABLE this portion of the item for payment of
fees.and the signing of the forms, SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
b) 2) V/M Massaro MOVED to TABLE both items for the signing of the
b) 3) forms, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
EDITOR'S NOTE: A check was submitted at the meeting by Waterford at
Woodmont in the amount of $141.25 for:
Alarm Violations #51456 and #25479 @ $50.00 = $100.00
Back Charges #21029B - 41.25
32. Belfort - Discussion and possible action on:
a) Release of a cash bond posted to guarantee installation of
beautification - Temp. s #3998
b) Revised site plan reflecting correction of three dimensions
between buildings - TeMp,_Rpso„.„13999
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-54 PASSED.
APPROVED a) and b) RESOLUTION NO. R-86-55 PASSED.
a) Mr. Henning read Temp. Reso. #3998 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso,_ #2928 releasing the cash
bond in the amount of $150.00 for Building E-4, SECONDED by C/M
Stein.
VOTE:
ALL VOTED AYE
b) Mr. Henning read Temp. Reso. #3999 by title.
Chief.Building Official Jahn said staff recommends approval of this
site plan which changes dimensions on Buildings B-2, B-3, C-1 and
J-2 and adds Note #19 of the site plan, "not to exceed minus
1-foot".
C/M Gottesman MOVED APPROVAL of Temp. Reso. #3999 as amended,
SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
33. AshMont - 13ond Felease - Temp. Reso #4000 - Discussion and
possible action to release a cash bond posted to guarantee
installation of beautification.
SYNOPSIS OF ACTION:
APPROVED. _
RESOLUTION NO. R-86-56 PASSED.
Mr. Henning read Temp. Reso. #4000 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4000 releasing the cash
bond of $900.00 since the intallation of beautification for
Building G has been found to be satisfactory. SECONDED by
C/M Gottesman.
VOTE:
31
ALL VOTED AYE
2/12/86
/pm
LEGAL AFFAIRS
26. Tract 37 -- Temp. Reso., #3992 - Discussion and possible action
to approve a Stipulation with Citcor, Properties.
(located at the southeast corner of NW 77 St. and Westwood Dr.)
SYNOPSIS -OF ACTION: TABLED
for the Planning Commission's
action on the site plan.
Mr. Henning read Temp. Rpso, #3992 by title.
Mr. Henning noted that Tract 37 is probably one of the last
residential parcels to be developed within the Court order.
Richard Potash, Attorney for the applicant, said the preliminary
plan has been tabled for 6 consecutive Planning Commission meetings
awaiting the outcome of the litigation brought by.Cardinal Indus-
tries in which similar issues have been raised. He said this is to
provide for the orderly development of the property in a manner the
City and developer can be comfortable with.
Mr. Potash said the property is zoned R-3, Multi -Family Residen-
tial, and the proposed development is a rental project. He said
the property was platted in 1985 for 214 residential units, 2-story
conventional construction. He said based on the preliminary site
plan, the break -down in units is:
112 - 1-bedroom apartments comprising two categories:
an A unit and a B unit
78 - 2-bedroom apartments, and
24 - 3-bedroom apartments.
Mr. Potash said one of the things provided by the Stipulation is
that the property, as developed, would be restricted so that
permanent residents of all of the 1-bedroom unit apartments, more
than half of the total proposed, would be restricted to "Adult
Only". He said as defined in the Stipulation, an adult would be
16-years of age and older.
Mr. Potash said the Stipulation also provides that in the event
Citcor modified the plans, the features of the lake in the middle
and the scalloping of the canal as proposed would be eliminated,
and Citcor would pay the appropriate water retention fee to the
City. He said Citcor has agreed to pay a Recreation Fee to the
City of $95.00 per unit, totalling over $20,000.00, even though
there is a Court order from dune, 1985 governing this property
specifically.
Mr. Potash said Citcor has also agreed to pay the current engineer-
ing inspection fees to the City pursuant to Resolution 85-340,
which was approved 10/23/85. He said, in addition, Citcor has
agreed to install sidewalks where ever Section 24.20 of the City
Code would require them and to comply with the current beautifica-
tion standards involved in the Code. He said that is a basic
overview of the Stipulation between Citcor and the City.
Mr. Potash said there have been several issues that form the basis
for the Planning Commission's tabling of this matter that has been
involved in litigation between Cardinal Industries and the City.
He said rather than be forced to litigate those issues, they have
attempted to address them on a compromise basis with the City in
this proposed Stipulation.
32
2/12/86
/pm
Mr. Henning said the.types of models
are listed as "A, B, C and D"
and the 1-bedroom apartments
are A and B. He said because of the
building restaints Building
A, Model
A, with 16 units, is less than
the existing minimum square
footage
of City Code. Mr. Potash said
he believes that is so. Mr.
buildings do fall within the
Henning
minimum
noted that all of the other
square footage requirements of
the City.
Mr. Henning said there was an amendment to the Ordinance last year
when Council increased the minimum square footage requirements for
multi -family units. Mr. Potash said there is no disagreement
between the parties on this matter. He said the prior Court orders
mandate that the square footage Ordinances, as they existed in the
70's, would remain applicable without amendment. He said his
clients,attempted as far as possible to enhance the size of the
units to satisfy the current Code requirements as they stand now.
Mr. Potash said while the one specific building, which contains 16
units, is over 150 square feet larger than the old City Code that
they are bound to, they are slightly under the current City
requirements.
Mr. Henning noted a typo on Page 3, the fee of $130.00 per acre is
to be a "Drainage Improvement Fee" as opposed to a "Drainage
Retention Fee". Mr. Potash said in two parts of the Code it is
referred. to as two different things and he would have no objection
to clarifying that.
Mr. Henning asked for a clarification of how many parking spaces
are required and Mr. Potash said under the current City Code as
amended in 1985, this project would be required to have
approximately 484.parking spaces. He said this is one of the
issues in the other litigation. He said under the former City Code
the requirement would be 354 spaces and the plan shows 386 parking
spaces.
Mr. Potash said of the 1-bedroom units, there are 16 "A" units,
which are the smaller ones contained in one building. He said the
"B" 1-bedroom units are 722 square feet. He said the "C" units,
2-bedrooms, are 937 square feet and the "D" units, 3-bedroom, are
approximately 1,119 square feet.
Mr. Henning said Council could advise that this Stipulation is in
compliance with the requirements to encourage the Planning Com-
mission to move forward. C/M Stein said Council could send a
request -to the Planning Commission to move forward but Council
should not act on the site plan until they do.
Mr.,Potash noted that the Planning Commission tabled this due to
the pending litigation and the outcome of the litigation will
provide direction to the Planning Commission on the issues
involved. He said he was hoping to provide guidance to the Plan-
ning Commission from the Council as opposed to the Court.
C/M Stein MOVED to TABLE this item with Council for the Planning
Commission to make a recommendation to Council and then Council
will move on the Stipulation. SECONDED by C/M Gottesman.
VOTE•
ALL Y-QTFaD AYrk
33
2/12/86
/pm
GENERAL ADMINISTRATIVE/FINANCIAL
9. Pines -of WoodmQnt - TL�kct 55 - Discussion and possible action
on a request from this Association for City assistance
regarding drainage problems of certain unit owners (tabled from
1/2/86)
SYNOPSIS OF ACTION: The City
Attorney was instructed to prepare
an Agreement with conditions.
V/M Massaro said the City Attorney gave Council a written opinion
which stated that the City could go on private property provided it
was for a public purpose. She said the City Attorney ruled that
this was a legislative decision for Council to determine. She said
if a "public purpose" was determined, then the City could agree to
pay all or a negotiated portion of the proposed improvements on
private property.
V/M Massaro said the only "public purpose" is that the people have
to walk through the water and she feels that by working with the
residents, a situation could be corrected that was forced on the
City by the South Florida Water Management District.
V/M Massaro said she reviewed various figures with Mr. Seplow that
were arrived at through the efforts of the Public Works Director
and the Engineering Department. She said there is an estimated
cost of $4,509.60 for the 60 homes and this figure is the cost they
would have to pay on a basis of half and half with the hours broken
down per home. She said the material used was broken down with
everything included other than the blades for cutting the driveways
in order to make the necessary repairs.
Tape 8
V/M Massaro said Mr. Seplow felt that was a fair compromise and
this would be subject to actual cost at completion. She said it
would be necessary to enter into an agreement acceptable to both
the residents and Council. She suggested this be done by the next
regular Council meeting.
Oscar Seplow, resident, said he was under the impression that it
was settled that the price was agreed on and he was asked to send a
letter verifying and accepting the figures. He said he sent a
letter on 2/3/86 to the City Manager stating that they were
satisfied with the City's findings and were willing to submit a
check as soon as requested.
V/M Massaro said there will be no agreement until it is written and
signed and it is understood that this figure does not include seal -
coating.
C/M Stein MOVED to instruct the City Attorney to prepare an agree-
ment subject to the conditions as stated by V/M Massaro and
Mr. Seplow's letter. He said the agreement should be submitted to
Council after it has been signed and a check has been remitted
at the next Council meeting. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AY
COMMUNITY DEVELOPMENT
39. woodland -Lake -Estates _(Village at Woodland Lake) - Warranty
Bond - Temp. Reso. #4003 - Discussion and possible action to
call a warranty bond posted for public improvements.
SYNOPaIa OF ACTION: (See Page 15)
No action was taken on the Resolution.
34
2/12/86
/pm
[7
I
#V
V/M Massaro MOVED to RECONSIDER this item, SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
Bob Foy, Deputy City Engineer, said the developer called him
yesterday and explained that the bonding company that holds the
bond is bankrupt. He said the developer suggested an estimate be
made to determine the cost of the repairs and he did at a figure of
$40500.00. He said the City will hold this amount until the
repairs are made in the near future. He said he would recommend
Council approve this as an acceptable alternative to a bond.
V/M Massaro MOVED that the cash bond of $4,500.00 be ACCEPTED to be
used as a bond and held until the work is completed and approved by
the City Engineering Department. She said this is to be brought
before Council before being released. SECONDED by C/M Stein.
VOTE:
AFL VOTED AYE
Mr. Henning noted that no action will be taken on the Resolution.
V/M Massaro noted that the City Attorney should check that the
various surety companies used by the City are in good standing.
45. Lime Bay - Request that internal bus service be dis-
continued with service -on McNab Road instead - Discussion and
possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
Faye Rosenstein gave a report
and no action was taken by
Council.
Faye Rosenstein, resident of Lime Bay, read a petition:
"This petition is for the purpose to discontinue the bus from
operating on Lime Bay Blvd. and to continue the original service on
McNab Rd. We, the residents of the Lime Bay Condominium, residing
on Lime Bay Blvd., acknowledge the fact that the plan may have had
some merit and may have been of some benefit to all. However,
unfortunately, it has turned out to be detrimental to life and
property. As we do not have any sidewalks, we walk on the road and
already had occasion to have to jump on the grass to avoid the
moving bus. Should the grass be wet, as it usually is, we can only
see the danger of bodily injury. The Lime Bay Rd. is a winding
road:and has many blind areas creating a hazard for drivers. As
theoriginal bus stop was just outside the entrance to Lime Bay,
we, the undersigned, plead that this request be given very serious
consideration."
Mrs. Rosenstein said there are 18 buildings and almost everyone
available has signed the petition. Mayor Kravitz said they are
holding a meeting concerning busing within 2 weeks and he requested
Mrs. Rosenstein be present. Mrs. Rosenstein said she would and she
submitted the petitions to V/M Massaro.
35
2/12/86
/pm
GENERAL ADMINISTRATIVE/FINANCIAL
7. Personnel/Insurance - Bid awaal:d - Temp, Reso. #3919 -
Discussion and possible action to award a bid for long-term
disability insurance (tabled from 12/19/85)
SYNOPSIS OF ACTION: TABLED
at the request of the City Manager.
Mr. Henning read Temp. Reso. #3919 by title.
City Manager Perretti requested that this item be TABLED and
V/M Massaro so MOVED, SECONDED by C/M Stein.
VOTE•
C/M Stein Aye
C/M Gottesman Absent
V/M Massaro Aye
Mayor Kravitz Aye
LEgAL AFFAIRS
21. Inyestments of City Funds - Temp. Ord. #1233 - Discussion and
possible action to amend Chapter 9 of the Code concerning
allowable investments. Second Reading. (Public hearing held
1/10/86)
SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-86-9 PASSED.
the 2/10/86 revision on second
and final reading.
Mr. Henning read Temp, d 1233 by title.
Mr. Henning said there was an Ordinance drafted a few weeks ago
that created a new committee. He said he met with the Investment
Advisory Committee and they suggested removing the second half of
the Ordinance that created this staff committee. He said it was
removed and it was also unclear whether or not the old Section 9-1,
as it exists in the Code now, was actually repealed by the old
Ordinance. He said to make that clear, in the 2/10/86 draft it is
clear that the old Section 9-1 is dashed out and repealed.
Mr. Henning said that is the Section of the Code which delegated
the investment decisions to the City Manager or his designee. He
said technically it never stated in the Code that the City Council
must make all investment decisions. He said the language indicates
the "City must..." but it was unclear as to who in the City must do
these things. He said the Investment Advisory Committee wanted
that Section removed and it was.
Mr. Henning said they then put in a new Section 9-1 noting what the
City investments can be and the Charter states that, "they must be
insured or backed by the good faith and credit of the United States
of America". He said they then proceed on Page 2, C, D, and E,
stating what the City shall not do. He said it was determined that
all securities should be in the City's name and earmarked for the
City in a safe deposit box in Broward County with two exceptions.
He said book entries with the Federal Reserve are allowed with
proper receipts and, with the bond issues, there are dealings with
banks throughout the State.
Mr. Henning said in Section 9-2 it states, "the City Council makes
all the decisions on investments" and he felt the Finance Director
would have a problem with that. He said there was a new Section
added for wire transfers that was not addressed before. He said
there is provision for monthly investment reports with a presenta-
tion to the City Council by the Finance Director.
36
2/12/86
/pm
Mr. Henning said this is what the Committee wants but there are
some staff problems and he stated he does not understand why there
should be a.list of things included that should not be done. He
said as much as Council is supposed to be the primary responsibil-
ity.for.investments, especially concerning the depository account
and the repurchase agreement for the balance of the checking
account, this is a daily decision. He said there cannot be Council
meetings every day at 4:00 P.M. to decide what to do with invest-
ments every night. He said the repo account will have to be an
exception to this or it will not work.
V/M Massaro referred to Page 3, Line 29, the word should be "veto"
power instead of "reto" power.
Frank Etheredge, Finance Director, said his main concern is that it
is a.slow process to go through. He said it states everything must
be passed through the Investment Advisory Committee first and then
to Council. He questioned whether he would have to wait for a
regular Council meeting to have Council invest the money. As an
example, he noted that if $500,000.00 was received by the City
tomorrow morning it would have to stay in the bank not earning
interest until the next Council meeting. V/M Massaro said Finance
would have to notify the Council that they are investing that money
and, if there are any objections, they will notify the Finance
Director.
Mayor Kravitz questioned what would happen if the Council people
could not be reached and C/M Stein said even though it is a slower
process, Council should be notified by phone or memo. He said if
Council cannot be reached for one day then one day's interest would
be.lost but it would be a.safeguard. Mr. Etheredge said it should
be stated in the Ordinance that he will send Council a memo and if
Council .does not respond in 24 hours then the investment will be
made. .
Ed Solomon, Chairman of the Investment Advisory Committee, said he
has no objection to the changes in the Ordinance. He said
Mr. Etheredge notified him last week that there was $1,900,000.00
that came in and he explained what he was going to do with it. He
said he asked him to send a copy to Mr. Sarner for their records
and Mr. Etheredge handled it properly.
Mr. Etheredge said under B, he would like the word "bank" institu-
ted because now it states "dealers and securities" and he was
uncertain whether a bank.is a dealer and security. Mr. Henning
said Line 13 will read, "Agency of banks or authorized dealers and
such debt instruments...". Mr. Etheredge questioned whether the C
portion would do away with Repurchase Agreements and Mr. Henning
said Repurchase Agreements of traditional U.S. securities are still
allowed if possession is taken.
Mr. Henning said Section 9-2, Page 3, shall read, "Investments of
City funds shall be the responsibility of the City Council. The
City Council shall establish by Resolution procedures for
investment transactions. Whenever possible the investments shall
be reviewed by the Investment Advisory Committee."
V/M Massaro MOVED APPROVAL of Temp. Ord. #1233 on second and final
reading as amended, SECONDED by C/M Gottesman. Mr. Henning added
that this is the 2/10/86 revision as amended.
VOTE:
ALL VOTEDAYE
37
2/12/86
/pm
(C/M Stein left the meeting at this point - 4:30 P.M.)
22. Fire Aid Agreement - Tgmp,. R_Pso. #3925 - Discussion and
possible action to authorize execution of a revised Consoli-
dated Mutual Fire Aid Interlocal Agreement with various govern-
mental agencies within Broward County (tabled from 12/11/85)
YNOP I F ACTION•
APPROVED.
RESOLUTION NO. R-86-51 PASSED.
Mr. Henning read Temp. Reso. #3925 by title.
Mr. Henning said there was a question of changing municipalities to
government entities and this would be for emergency purposes only.
C/M Gottesman MOVED APPROVAL of Temp,_ tReeso, #3925, SECONDED by
V/M Massaro.
VOTE:
ALL -VOTED AYE
25. UoMgowner Warranty Bonds - Tpmp,_Ord-, #1243 - Discussion and
possible action to amend Chapter 7 of the Code to revise the
HOW bonding requirements for multi -family rental developments.
First Reading.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Mr. Henning read Temp, Ord. #1243 by title.
Mr. Henning said the Paragraph being revised is the last paragraph
in the attachment. He said presently in the Code, the owner/
builder exemption only applies to single family homeowners or
builders. He said with the building of many rental housing
developments, there is a homeowner warranty bond which is in favor
of the owner and does not serve the purpose for which the bond was
intended.
Mr. Henning said this Ordinance allows the same type of exemption
for an owner/builder to be applied to rental housing developers.
He said they will have a form, acceptable by the City, in recorded
form, with signed affidavit that states they are the builders of
these apartments and they will continue to own the property for at
least three years after the CO. He said if they sell the property
within that time, they have to post a Homeowners Warranty Bond. He
said if they keep the property for three years, they are not
required to post the Homeowners Warranty Bond.
Mr. Henning said there was some concern about the Code defects at
rental property sites and a Code Compliance Bond was added for
$200.00 per unit and would afford a substantial figure for enforce-
ment of Code compliance.
V/M Massaro referred to Paragraph 2 under 6, which states, "An
indivdual who purchases a lot and then engages a builder to con-
struct a single family home for the individual's occupancy...".
She said many people have done that and this is a dangerous
situation.
38
2/12/86
/pm
V/M Massaro MOVED APPROVAL of Temp. Ord. #1243 on first reading,
SECONDED by C/M Gottesman.
Tape 9
YOTE: ALL VOTED AYE
TAMARAC UTILITIES
2.0..: st - Two Separate and Distinct operations
and Maintenance Buildings (Project 85-20) - Discussion and
possible action to accept the ranking of firms by the selection
committee and to authorize negotiation of a contract in the
numerical order of ranking.
SYNOPSIS OF ACTION: (See Page 20)
Reconsidered and Authorization was
given to accept the ranking of firms
by the selection committee and negotiate
a contract. in the numerical order of
ranking to be presented to Council.
V/M Massaro MOVED to RECONSIDER this item, SECONDED by
C/M Gottesman.
VOTE:
:
ALL VOTED AYE
V/M Massaro said the first item was a request for Council to accept
the recommendations and ranking of the three final firms as deter-
mined by the selection committee.
V/M Massaro MOVED APPROVAL of the ranking of the engineers by the
selection committee, SECONDED by C/M Gottesman.
VATE :
ALL YQTFD AYE
V/M Massaro said the Utilities Director has requested Council
authorization to proceed with the engineering fee negotiations in
the numerical order of ranking until such time as an equitable
contract can be culminated and presented to Council for review and
possible acceptance, and she so MOVED. She said the committee is
to be authorized to move to the next subsequent number if a reason-
able contract cannot be reached with the first. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
REPORTS
41. City Manager Report -
City Manager Perretti said there will be a concert sponsored by
Midas Muffler, in association with the Tamarac Parks and Recreation
Department, on Sunday, 3/16/86, at 3:00 P.M. at Kings Point Condo-
minium Auditorium. He said the donation is $4.00 per person and
all proceeds will go to the Parks and Recreation Department.
GENERAL ADMINISTRATIVE/FINANCIAL
4.8.
C1aim_bv__JohnTaribo -- Discussion and possible action.
SYNOPSIS OF
ACTION: Agendized by Consent.
Authorized
John Gronda of Muller & Mintz to
proceed on
this case for an amount up to
$3,000.00
to be taken from the City
Attorney's
Professional Services.
39
2/12/86
/pm
Mr. Henning requested authorization to use the firm of Muller &
Mintz with John Gronda to assist the City Attorney and City Manager
with a claim by John Taribo, who was dismissed from the Utilities
Department recently. He said he was given a 10-day pre-temination
hearing and his attorney responded yesterday afternoon by mail.
Mr. Henning said he would like authorization for an expenditure up
to $3,000.00 for Mr. Gronda for this purpose with a report to
Council on the status. He said this would come from the City
Attorney's Professional Services.
V/M Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
VOTE•
ALL YOTED_ AYE
V/M Massaro MOVED to authorize the hiring of the firm of Muller and
Mintz with their Attorney, John Gronda, to represent the City and
assist the City Attorney and City Manager's offices in any hearings
or actions regarding the dismissal of John Taribo from Tamarac
Utilities West. She said this would be at a cost not to exceed
$3,000.00 to be taken from the City Attorney's Professional Ser-
vices. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
REPORTS
42. City Attorney Report -
Mr. Henning said the City is having another hearing with Judge
Weissing in the Cardinal Industries hearing on 2/14/86 in his
Chambers at the County Courthouse. He said there was a verdict in
the Saito Case in Federal Court and he understands that there were
2 police officers and possibly the Chief who had judgments. He
said he will get Council a status report on this case as soon as
there is more information.
COMMUNITY DEVELOPMENT
49. Villa-s Qf Sabal Palm - e ease f Cas Ho owners
Warranty Bond with the substitution of a Letter_gf Credit -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
TABLED for a Special Council
meeting.
V/M Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
TE:
ALL VOTED AYE
Mr. Henning said Bruce Jarvis has presented the Letter of Credit at
the lunch break to the Chief Building Official and it is approved
and signed by him. He said it is the second 3-year Letter of
Credit that the City has received and they are asking that Council
take note that this is approved. He said in the Letter of Credit
there are 5 buildings and Building #6 had a $30,000.00 cash bond
which he would like released and replaced with this Letter of
Credit which is for all the buildings.
40
2/12/86
/pm
Mr. Henning said the only action Council must take is that in light
of this Letter of Credit, the $30,000.00 cash bond will be
permitted to be released. Mr. Jarvis said currently the City has
$90,000.00 in Letters of Credit and $30,000.00 in cash. He said
this Letter of Credit is replacing that amount of money plus two
additional buildings which will have certificates of occupancy
within the next two weeks.
V/w-Massaro questioned the 11$500.00 for Common Elements" and
11$1,000.00
Mr. -Henning said the Ordinance states, per unit and
.$500.00 per Common Elements". She questioned what that means and
Mr. Henning said that means the recreation area, the sidewalks, the
grass, etc.. V/M Massaro said a Resolution will be needed in order
to clarify what the common elements are.
C/M Gottesman MOVED to TABLE this item for more information.
V/M Massaro asked if a Special Council meeting could be held for
action on this item and Mayor Kravitz said yes. V/M Massaro
SECONDED the MOTION.
yQTE: ALL VOTED AYE
P$QRRTS
40. City Council Reports
Navor Kravitz reported that there was a meeting held regarding
transportation with Commissioner Craft and other concerned people
and there will be another held in two weeks. He said University
Hospital has signed a contract with A.A.R.P. concerning supple-
mental insurance for the elderly residents of the City.
Mayor Kravitz said in August, 1985, he tried to get facts from
Sheriff Navarro concerning what he is offering Tamarac. He said,
however, at no time has he received a final, actual contract
containing all the terms, facts and figures that were requested.
He said it was always his feeling that if all the information was
received, he would present this to the residents for a public
hearing. He said it could then be put on a referendum and would
not be a political issue. He referred to several articles in
various newspapers and noted how terrible it is to frighten the
residents in that way.
V/M Massaro - No report.
C/M Gottesman said Chief Simon, Assistant Chief Briant and he
completed a draft of the survey to implement the ambulance program
and they are hopeful to present this at the next County Commission
meeting. He said he is hopeful of a settlement concerning Miller &
Meier.
C/M Munitz - Absent.
C/M Stgin - Absent.
41
2/12/86
/pm
Mayor Kravitz adjourned the meeting at 5:15 P.M.
CITY OF TAMARAC
PROVED AT MEETING Of
Clerk
This public document was promulgated at a cost of $328.00 or
$25.80 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of Tamarac.
d
1
42
2/12/86
/pm
ATTACHMENT 1 - 2/12/86 Council Meeting - Item 12 - Utilities West -
Bid Award - Temp. Reso. #3966
CITY OF TAMARAC
DEPARTMENTAL BUDGET ALLOTMENT REVISIONS
DATE: / to Att. FUND:
T R A N S F E R F R OM
PREVIOUS TRANSFER
ACCOUNT NUMBER NAME ALLOTMENT BALANCE AMOUNT BALANCE
.Z) 7 5c.cc
g 5- ��rfi.�ik7 -ca ; '7 -.zca.nn .']4�r
T R A N S F E R T O
PREVIOUS TRANSFER
;ACCOUNT NUMBER NAME ALLOTMENT BALANCE AMOUNT BALANCE
+ aL R�pair4 Y�.E�v E�ur .
g c 0 7350 ^4 T�+S~OQe
ATTACHMENT 2 - 2/12/86 Council Meeting - Item 16 - Utilities West -
Wellfield Protection Program (Project 85-7)
CIT-Y OF TAMARAC
DEPARTMENTAL BUDGET ALLOTMENT REVISIONS
)ATE:— February 6, 1986 FUND: General Fund
TRANSFER FROM
PREVIOUS TRANSFER
kCCOUNT NUMBER NAME ALLOTMENT BALANCE AMOUNT BALANCE
J . I
DO1-872-581-901 Contin enc 107,679
ACCOUNT NUMBER NAME
001-223-522-630 I Tmor
DEPARTMENT Fire Department
CITY MANAGER
REV. 9/85
/pal
TRANSFER TO
PREVIOUS TRANSFER
ALLOTMENT BALANCE AMOUNT . BALANCE
I
1 -0- I -0- 1 5,088 11 5,088
DEPART. HEAD
SIGNATURE
FINANCE .:
DIRECTOR .,1) ') \
CITY COUNCIL