HomeMy WebLinkAbout1986-02-26 - City Commission Regular Meeting Minutes1
1
xA�
V rt
��OR10P
P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 26, 1986
CALL TO ORDER: 9:00 A.M.
ANMQUNCEMENT QF TIME ALLOCATIONS - MOTION TO TA]3LE - The Cha
at this time will announce those items which have been given
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.
AWARDS AND PRESENTATIONS
1. Fmpl_gvee Service Awards - Presentation by City Manager
Perretti of a five-year pin to Jeffrey Stark, Fire Depar
ment.
2. Jewish War Veterans - Edward _Goldberg P,gst 519 _.
Presentation by Mayor Kravitz of a proclamation
commemorating March 15, 1986, as the 90th Anniversary of
the founding of the Jewish War Veterans of the USA.
BOARDS AND COMMITTEES
3. Announcement of an alternate position available on each
the following:
a) Planning Commission
b) Board of Adjustment
If anyone is interested in serving on either the Planning
Commission or the Board of Adjustment, please contact the
City Clerk's office for an application.
CONSENT AGENDA
4. Items listed under Item #4, Consent Agenda, are viewed t(
be routine and the recommendation will be enacted by ong
motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the Conser
Agenda and will be considered separately.
a) Minutes of 12/26/85 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 2/19/86 -- Special Meeting - Approval
recommended by City Clerk.
c) Robert B. Dunckel - Special Counsel to Charter Board
2/10/86 - $629.80 - Approval recommended by Charter
Board.
2/26/86 pg.2
- present. made
2/26/86 pg.3
proc, present.
2/26/86 pg. 3
Announcement
made
2/26/36 pgs.
3, 4 &: 2 6
APPROVED a) ,
through e)
& 9), i)., j)
1 - 9, k) & 1)
Q APPROVED
j)3, j)4, j)7
were RE140VED
and TABLED
PAGE 1
2/26/86
d) Alan F. Ruf - Consulting City Attorney - General
Services - 2/14/86 - $2,959.25 - Approval recommended
by City Attorney.
e) Jay H. Pilchick & Associates, Inc. - Invoice SS86041
1/8/86 - $45.07 - Leadership Housing Systems vs. City
of Tamarac - Approval recommended by City Attorney.
f) Tamarac Park Satellite Building - Approval to pay the
following invoices as recommended by the Chief Build-
ing Official:
1) Ace Electric, Inc. - 2/15/86 - $17,710.00
2) Anchorage Air Conditioning - 2/10/86 - $14,905.10
3) Atlas Roofing Co. - 2/12/86 - $2,400.00
g) Lanzo Construction Company -- Payment #1 - 1/29/86 -
$33,102.00 - 18" Force Main Crossing at Commercial
Boulevard (85-18) - Approval recommended by Utilities
Director/City Engineer.
h) R.J. Sullivan Corp. - Payment #5 - 1/31/86 -
$40,855.40 - TUW Wells 12 and 13 - Approval recommend-
ed by Utilities Director/City Engineer
i) Hazen and Sawyer Engineers - Invoice 4250 - 1/23/86 -
$8,838.96 - TUW Wastewater Treatment Plant
Rehabilitation (85-19) - Approval recommended by
Utilities Director/
City Engineer
j) Williams, Hatfield & Stoner, Inc. - Approval to pay
the following invoices as recommended by the Utilitie
Director/City Engineer:
1) Invoice 1710-19, Statement 3 - 12/31/85 -
$5,740.95 - Wells 12 and 13 (84-14)
2) Invoice 1710-13, Statement 2 (Final) - 12/31/85 -
$2,850.45 - TUW Annual Report.
3) Invoice 1710--00, Statement 53 - 12/31/85 -
$6,537.95 - Water and Sewer General Services.
4) Invoice 1710-24, Statement 2 - 12/31/85 - $253.10
TUW Pump Station 16A and 16B (85-4)
5) Invoice 1710-9/84-5, Statement 4 - 6/30/85 -
$300.18 - Tamarac Lakes Gravity Sewers (84--5)
6) Invoice 1724-01, Statement 4 - 12/31/85 -
$9,730.43 -- Sanitary Sewer Rehabilitation (84-4)
7) Invoice 1849-01, Statement 2 - 12/31/85 -
$16,645.30 - 2.0 MG Ground Storage Tank (84-19)
8) Invoice 1710-9/84-5, Statement 5 - 12/31/85 -
$907.41 - Tamarac Lakes Gravity Sewers (84-5)
9) Invoice 2322, Statement 1 - 12/31/85 - $4,929.05
Five drainage improvement studies
k) Spring House/Oxford Industries - Development Agree-
ment - Approval to extend the tabling action to a
future meeting (tabled from 2/12/86)
1) Federation of Public Employees -- Request to reopen
certain contract negotiations - Approval to remove
this item from the agenda (tabled from 10/23/85)
Ll
1
PAGE 2
2/26/86
GENERAL ADMINISTRATIVE/FINANCIAL
5. Confidential Supervisory sind Managerial Em o es -- Tem .
Reso. #3811 - Discussion and possible action to approve a
pay plan and benefit package for these employees (tabled
from 2/1.2/86 )
6. Public Officials Liability Insurance - Discussion and
possible action on purchasing this insurance coverage.
7. Rokest Condominium Association - Discussion and possible
action on a request for refund of certain water and sewer
payments.
8. Broward League of Cities Business - Discussion and
possible action.
9. Northwest Council f M rs Business - Discussion and
possible action.
TAMARAC UTILITIES
10. utilities West - Bid_ Award -- Project 84-19 -
TemR. Reso. #4007 - Discussion and possible action to
award a bid for a 2.0 MG storage reservoir and pumping
station (tabled from 2/19/86)
11. Utilities West - Sanitary Sewer Rehabilitation (Project
g4-_4Z - Temp. Reso. #4008 - Discussion and possible action
on:
a) Change Order #7 decreasing the contract by $45,513.50
to a final total of $398,565.00
b) Payment #9 (final) to Interstate Pipe Maintenance in
the amount of $24,761.31
12. Utilities West - Bond Sale - Discussion and possible
action on:
a) Status report
b) Payment to Touche Ross & Co. in the amount of
$15,500.00
c) Payment to Rutland Bank in the amount of $1,193.30
d) Payment to The H. & W.B. Drew Company in the amount of
$10,000.00
e) Payment to Fine, Jacobson, Schwartz, Nash, Block &
England in the amount of $17,700.00
13. Utilities West -- Two Separate and Distinct ORerat_ions
and Maintenancg Buildings (Project 85-20) - Discussion and
possible action to approve a contract with Daniel E.
Adache & Associates/Russell & Axon, Inc., for engineering
and architectural services.
14. Utilities East - Tamarac Lakes Gravity Sewers (Project
-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 2/12/86)
2/26/86
pgs. 27 - 29
APPROVED
2/26/86
pg. 6, Auth.
given to pur.
2/26/86
pg. 3
APPROVED
2/26/86
pg.
29
Report
given
2/26/86
pg.
29
report
given
2/26/86
pgs. 6 & 7
APPROVED
2/26/86
pgs. 6 & 7
APPROVED a)
& b)
2/26/86
pgs. 8 & 9
a) report
given
APPROVED
b) thru e)
2/26/86
pg. 11,12,30
TABLED
2/26/86
pg. 16
REMOVED
PAGE 3
2/26/86
PUBLIC HEARING - 2:00 P.M.
15. Justus Homes Inc f Florida - Rezoning Petition
#1-Z_-86 - Temp. Ord. #1244 - Discussion and possible
action to rezone lands proposed for the recreation area
for Hidden Harbour on the west side of NW 88 Avenue, north
of NW 77 Street from R-3U (Low -Medium Density Residential)
to S-1 (Open Space/Recreational). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting
b) Consideration of application
LEGAL AFFAIRS
2/26/86
pg. 25
a) ACCEPTED
b) APPROVED
�l
16. Sale of Confiscated -Auto Parts - Discussion and possible 2/26/36
action to authorize informal bidding procedures for the pgs. 29 & 30
disposal of surplus auto parts which were evidence in a Auth. given
criminal case and were awarded to the City by the court.
17. Pines of Woodmont - Tract 55 - Temp. Res #4009 - 2/26/86
Discussion and possible action on an engineering agreement pgs. 26 & 27
with this association in order for the City to alleviate APPROVED
flooding problems.
18. Mitchell Ceasar - Grants Consultant - Discussion and
possible action on the second year option clause in his
contract with the City.
19. Traffic Engin-eeYins21u_dv - Tem so #3901 - Discussion
and possible action to accept the Future Traffic Needs and
Funding Study performed by Kimley--Horn and Associates,
Inc. (tabled from 11/27/85)
20. Miller & Meier -Architects - Discussion and possible action
regarding outstanding invoices for the Municipal Complex
(tabled from 9/11/85)
21. Professional Services - Discussion and possible action on
outstanding invoices received from Muller, Mintz,
Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., for
non -pension related services.
22. E M L'ti ation - Discussion and possible action on payment
of the latest invoice from Morgan, Lewis & Bockius
COMMUNITY DEVELOPMENT
23. Tamarac Nursing Center - Discussion and possible action on
a revised Development Agreement regarding Land Use
Amendment (tabled from 2/12/86)
24. Tamarac Plaza - Revised Sit-e Plan -- Temp. Reso.
44010 - Discussion and possible action on a revised site
plan reflecting an awning for L'Hostaria at 6646 NW 57
Street.
25. Pbil Hopkins Rptail Store - Discussion and possible action'
on:
a) Site Plan - Temp. so 4011
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Public Safety Ingress/Egress Easement - Temp. eso.
#4012
(to be located on the north side of Commercial Boulevard,
east of NW 79 Avenue)
2/26/86
pgs. 5 & 6
TABLED til
3/26 meetin
2/26/86
pg. 30
APPROVED
12/26/86
pg. 31
i CIM Gottesmani
auth. to nea.
2/26/86
pg. 31
TABLED
till 3/12/85
2/26/86
pgs. 31 & 32
TABLED
2/26/86
p&gs. 16 & 17
18
APPROVED
2/26/86
pg. 17
APPROVED
`���6- 0
a) APPROVED
b) APPROVED
w/conditions
APPROVED c)
d) & e)
PAGE 4
2/26/86
26. Shiff/Sutte - NW 57 Street - S-Curve at
Commercial Boulevard -- Temp. Re_so. #4015 - Discussion and
possible action on an amendment to the Developer's
Agreement (with Covenants and Restrictions) regarding the
provision to transplant eight existing trees to Tamarac
Veterans Park.
27. Yillgs of Sabal-Palm - Discussion and possible action on al
request to substitute a Letter of Credit for a cash bond
which was posted as a homeowner warranty (tabled from
2/12/86).
28. Lake Colony (BgookWood_Gardgns) - Discussion and possible
action on:
a) Model sales facility - Units 30 - 32
b) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy
29. The Landings on Cypress Greens (formerly Patio Homes at
Fairmont) -- Model Sales Facility - Discussion and possible
action to renew a model sales permit for Units
1 - 4 (tabled from 2/12/86)
30. Lakes of Carriage Hills - Sign Waiver - Temp. Reso-
#4013 - Discussion and possible action to renew a sign
waiver for a temporary directional sign at the northeast
corner of Commercial Boulevard and Rock Island Road.
31. o n Sqgare -- Warranty Bond - Temp. Reso.
14014 - Discussion and possible action to call a
warranty bond posted for public improvements.
32. Belfortt - Phase III - Discussion and possible action on a
Water and Sewer Developers Agreement.
REPORTS
33. City Council
34. City Manager
35. 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
2/26/86
pg. 21
APPROVED
w/conditions
2/26/86
pgs. 21 & 22
TABLED till
3/12 meetiEg
2/26/86
pgs. 32 & 33
TABLED
2/26/86
AP27
PROVED
2/26/86
pgs. 24 & 25
APPROVED
2/26/86
pg. 33
REMOVED
2/26/86
pg. 33
TABLED
2/26/86 p.34 ii
reports aiveni
Z/ Za/ Ot) p. Jr+
no report
6/86 P
report given
PAGE 5
2/26/86
PAGE SIX
2/26/86
36. Midway Plaza - Traffic Pattern - Discussion and 2/26/86 pg.1
Possible Action. Agen. by Cons.
see z4s20&21
37. TUW - New Bond Issue - Discussion and Possible Action 2%6 p��
Agen. by C Wsee s . 9�
38. Bid Waiver - New Pump Replacement Engine for C-14 2/26/86
Canal..Pump Station #1 - Discussion and Possible Agen. by Co
S.
Action. see -DR. 22
39. TUE - Discussion and possible action on: 2/26/86 pg.2
Refund to sanitary customers Agen.by Cons.
b) Cancellation of the contract for sanitary sewer see pgs. 12-16
lines.
40. Tamarac Park Satellite Building - Payment of 3 bills: pg.
John Pellegrini, Pan American Window and Glass & Agen. by Cons.
Estimating Corp. - Discussion and possible action. see pg. 23
41. Alan Ruf, Consulting Cif Attorney - Payment of Bill - 2/26/86 pg. 2
Discussion and possible action. Agen. by Cons.
see u. 23
42. John Taribo - Severance Pay - Discussion and Possible 6 pg.
Action. Agen. by Cons.
see pgs. 23 &
24
1
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
February 26, 1986
Tape 1 CALL TOORDER: Mayor Philip B. Kravitz called the meeting to order
on Wednesday, February 26, 1986, at 9:00 A.M. in the Council
Chambers.
ROLL CALL: PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
ALSO PRESENT:
Larry Perretti, City Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLED OFLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
COMMUNITY DEVELOPMENT
36. Midway Plaza - Traffic Pattern - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 20 & 21). ,
V/M Massaro MOVED to Agendize this item by Consent for discussion
and possible action. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES
37. TNW - .New Bond Issue - Discussion and possible action.
SYNOPSIS -OF ACTION: Agendized by Consent.
(See Pages 9 & 10).
V/M Massaro MOVED to Agendize this item by Consent for discussion
and possible action. SECONDED by C/M Gottesman.
VOTE.
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FIN_ANCIAL
38. Bjj Waiver - New Pump RgplaceMent Engine for C-14 Canal
Pump Station #1 - Discussion and possible action.
SYNOPSIS QFACTION: Agendized by Consent.
(See Page 22).
C/M Gottesman MOVED to Agendize this item by Consent as requested
by the City Manager, SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
1
2/26/86
/pm
TAMARAC UTILITIES
39. TUE - Discussion and possible action on:
a) Refund to sanitary sewer customers
b) Cancellation of the contract for the sanitary sewer lines
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 12 thru 16).
V/M Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
40. Tamarac Park Satellite Building - Payment of_3_Eflls:
John Pellgarini. Pan American Window and Glass & Estimatinq
Corp. - Discussion and possible action.
SYNOP$IS QF ACTION: Agendized by Consent.
(See Page 23).
City Manager Perretti requested Agendizing by Consent approval of
payment of bills for the Tamarac Park Satellite Building.
V/M Massaro requested a break -down of these bills from the Finance
Director and she MOVED to Agendize this item by Consent, SECONDED
by C/M Gottesman.
VOTE:
ALL VOTED AYE
41. Alan_auf.,. Consulting_ City Attorney - Payment of Bill -
Discussion and possible action.
YNOPSI OF ACTION: Agendized by Consent.
(See Page 23) .
City Attorney Henning requested this item be Agendized by Consent
and C/M Gottesman so MOVED, SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
42. John Taribo - Severance Pay - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 23 & 24).
City Attorney Henning requested this item be Agendized by Consent
and V/M Massaro so MOVED, SECONDED by C/m Gottesman.
VOTE: ALL VOTED AYE
AWARDS AND PRESENTATIONS
1. Employee Service Awards - Presentation by City Manager
Perretti of a five-year pin to Jeffrey Stark, Fire Depart-
ment.
SYNOPSIS OF ACTION:
Jeffrey Stark was not present
to accept his five-year pin.
Jeffrey Stark, Fire Department, was not present to accept his
five-year pin from City Manager Perretti.
F,
2/26/86
/pm
2. Jewish War Veterans - Edward Goldberg Post_519 -
Presentation by Mayor Kravitz of a proclamation commemorating
March 15, 1986, as the 90th Anniversary of the founding of
the Jewish War Veterans of the USA.
SYNOPSIS OF ACTION:
The proclamation will be
mailed to the appropriate
people.
Mayor Kravitz noted that this proclamation will be mailed to the
appropriate people.
BOARDS AND COMMITTEES
3. A puncemgnt of an alternate position available on each of
the following:
a) Planning Commission
b) Board of Adjustment
SYNOPaIS OF ACTION:
Announcement was made by
Mayor Kravitz.
Mayor Kravitz announced vacancies of alternate positions on the
Planning Commission and the Board of Adjustment and urged anyone
interested to contact the City Clerk's office for an application.
GENERAL_ADMINISTRATIVE/FINANCIAL
7. Rokest Condominium Association - Discussion and possible
action on a request for refund of certain water and sewer
payments.
SYNOPSIS -OF ACTION: APPROVED
a refund in the amount of
$4,271.30.
V/M Massaro said from all available data on this item, it is
evident that the residents gave proper notice to the City and the
City failed to adjust the rates accordingly. She said
Charlotte Dressler, Accountant, asked that this matter be reviewed
to determine that this meter was only used by the Homeowner's
Association since it appeared there was a high consumption
involved. She questioned whether this was reviewed and City
Manager Perretti said yes and they were told it was just used by
the Association.
V/M Massaro said although the City Code states that a refund can
only be made within a certain time frame, she feels they are
entitled to a reimbursement adjustment of $4,271.30. She MOVED
that this money be refunded to them, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
CQNSaENT AGENDA
4. Consent Agenda -
a) Minutes of 12/26/85 - Regular Meeting - Approval recommended
by City Clerk.
b) Minutes of 2/19/86 - Special Meeting - Approval recommended
by City Clerk.
c) Robert B. Dunckel - Special Counsel to Charter Board -
2/10/86 - $629.80 - Approval recommended by Charter Board.
3
2/26/86
/pm
d) Alan F. Ruf - Consulting City Attorney - General Services -
2/14/86 - $2,959.25 - Approval recommended by City Attorney.
e) Jay H. Pilchick & Associates, Inc. - Invoice SS86041 - 1/8/8
- $45.07 -- Leadership Housing Systems vs. City of Tamarac -
Approval recommended by City Attorney.
f) Tamarac Park Satellite Building - Approval to pay the follow-
ing invoices as recommended by the Chief Building Official:
1) Ace Electric, Inc. - 2/15/86 - $17,710.00
2) Anchorage Air Conditioning -- 2/10/86 - $14,905.10
3) Atlas Roofing Co. - 2/12/86 - $2,400.00
g) Lanzo Construction Company - Payment #1 - 1/29/86 --
$33,102.00 - 18" Force Main Crossing at Commercial Boulevard
(85-18) - Approval recommended by Utilities Director/City
Engineer.
h) R.J. Sullivan Corp. - Payment #5 - 1/31/86 - $40,855.40 - TUW
Wells 12 and 13 - Approval recommended by Utilities Director/
City Engineer.
i) Hazen and Sawyer Engineers - Invoice 4250 - 1/23/86 -
$8,838.96 - TUW Wastewater Treatment Plant Rehabilitation
(85-19) - Approval recommended by Utilities Director/City
Engineer.
j) Williams, Hatfield & Stoner, Inc. - Approval to pay the
following invoices as recommended by the Utilities Director/
City Engineer:
1) Invoice 1710-19, Statement 3 - 12/31/85 - $5,740.95 -
Wells 12 and 13 (84-14)
2) Invoice 1710-13, Statement 2 (Final) - 12/31/85 w
$2,850.45 - TUW Annual Report.
3) Invoice 1710-00, Statement 53 - 12/31/85 -
$6,537.95 - Water and Sewer General Services.
4) Invoice 1710-24, Statement 2 - 12/31/85 - $253.10 -
TUW Pump Stations 16A and 16B (85--4)
5) Invoice 1710-9/84-5, Statement 4 - 6/30/85 - $300.18 -
Tamarac Lakes Gravity Sewers (84-5)
6) Invoice 1724-01, Statement 4 - 12/31/85 - $9,730.43 -
Sanitary Sewer Rehabilitation (84-4)
7) Invoice 1849-01, Statement 2 - 12/31/85 - $16,645.30 -
2.0 MG Ground Storage Tank (84-19)
8) Invoice 1710-9/84--5, Statement 5 - 12/31/85 - $907.41 -
Tamarac Lakes Gravity Sewers (84-5)
9) Invoice 2322, Statement 1 - 12/31/85 - $4,929.05 - Five
drainage improvement studies
k) Spring House/Oxford Industries - Development Agreement --
Approval to extend the tabling action to a future meeting
(tabled to 2/12/86)
1) Federation of Public Employees - Request to reopen certain
contract negotiations -- Approval to remove this item from the
agenda (tabled from 10/23/85)
SYNOPSIS OF ACTION:
APPROVED Items a) through e) and
g) through i), J)1), j)2), j)5),
j)6), j)8), j)9), k) and 1).
Item f) was HELD for discussion
later in the day (See Page 26)
Items j)3), j)4) and j)7) were
REMOVED for discussion and TABLED
for certification as required under
R & R to the 3/12/86 Council meeting.
V/M Massaro requested REMOVING for discussion Items f), j)3), j)4)
and j)7).
4
2/26/86
/pm
1
1
I
C/M Gottesman MOVED APPROVAL of Items a) through e) and g) through
i), j)l), j)2), j)5), j)6), j)8), j)9), k) and 1), SECONDED by
C/M Stein.
VOTE:
ALL VOTED AYE
V/M Massaro asked that Item f) be HELD for later in the afternoon.
V/M Massaro MOVED to TABLE Items j)3), j)4) and j)7) to the
3/12/86 Council meeting for certification as required under R & R
provisions. SECONDED by C/M Munitz.
VOTE;
LEGAL AFFAIRS
ALL VOTED AYE
18. BUchell Ceasar - grants Consultant - Discussion and possible
action on the second year option clause in his contract with
the City.
SYNOPSIS OF ACTION:
TABLED to the 3/26/86 Council
meeting.
V/M Massaro said the City will need Mr. Ceasar's services but it
is uncertain at this time exactly to what extent. She said the
City has been informed that construction on University Dr. is to
begin in July and the City is trying to determine the costs
involved.
Mitch Ceasar, Grants Consultant, said he has expended between 8 to
10 hours working on this with Williams, Hatfield & Stoner and the
County and his concerns were regarding the contribution from the
County and the City's contribution regarding the utility
relocations. He said his contract was only relevant to University
Dr. and V/M Massaro said she realized that and felt there should
be some work done in-house on this as well.
V/M Massaro MOVED to TABLE this Item to the 3/26/86 Council
meeting.
Mr. Henning said the contract had a 1/9/86 date on it and
Mr. Ceasar has agreed to a month -to -month arrangement. He said he
would suggest this contract be renewed to 4/9/86 with the under-
standing that he do no further work without consulting with the
Mayor and City Manager. V/M Massaro said she does not agree with
that because she does not like the wording of the present con-
tract.
C/M Stein said the original contract with Mr. Ceasar calls for
terms in the second year of an hourly rate with a maximum fee of
$5,000.00. He said if the City breaks that contract there is no
maximum and if the contract has an hourly rate it could be expen-
sive. He said with all the work Mr. Ceasar has done for the City
regarding University Dr. this $5,000.00 amount is a bargain.
Mayor Kravitz noted that Mr. Ceasar's contract only concerned
University Dr. and V/M Massaro had suggested a new contract might
concern other things as well as University Dr.
61
2/26/86
/pm
C/M Gottesman SECONDED the MOTION.
VOTE:
C/M Stein
C/M Munitz
C/M Gottesman
V/M Massaro
Mayor Kravitz
GENERAL ADMINISTRATIVE/FINANCIAL
Nay
Aye
Aye
Aye
Aye
6. Public Officials Liability Insurance - Discussion and
possible action on purchasing this insurance coverage.
SYNOPSIS OF ACTION: The Personnel
Director was authorized to
secure this insurance through the
Florida League of Cities on an
occurrence basis for a total annual
premium of $24,237.00. This is a
36-month extended discovery period.
Tape 2
Judy Deutsch, Personnel Manager, said the City is going from a
Claims -Made Policy to an Occurrence Policy and she strongly urged
the extended discovery period be approved.
V/M Massaro asked for an
on a Claims -Made Policy,
the policy. She said on
occur during the term of
to go from an Occurrence
vice versa.
explanation of this and Mrs. Deutsch said
the claim must be made during the term of
an Occurrence Policy, the incident has to
the policy. She said it is rather simple
Policy to a Claims -Made Policy but not
C/M Munitz asked if there was not a Statute of Limitations between
the occurrence and the claim and Mr. Henning said this was dis-
cussed by him, the City Manager and Mrs. Deutsch, and the
Sovereign Immunity requirements indicate that the City must
receive notice of all claims within 3 years after the occurrence.
He said that is why they are suggesting the full 3--year coverage.
C/M Gottesman MOVED to authorize the Personnel Director to pur-
chase this additional insurance to give the City the extended
coverage for the City's protection, SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES
10. Utilities West - Bid Award -- Project 84-19 - Temp.
Reso. #4007 - Discussion and possible action to award a bid
for a 2.0 MG storage reservoir and pumping station (tabled
from 2/19/86)
SYNOPSIS OF_ACTION: RESOLUTION NO. R-86-62 PASSED.
APPROVED awarding the bid to
R.J. Sullivan Corp. in the
amount of $993,000.00 with
conditions.
Mr. Henning read Temp. Reso. #4007 by title.
V/M Massaro said there should be a negative declaration in the
Resolution regarding the fill because that is on each of the bids.
6
2/26/86
/pm
Bill Greenwood, Utilities Director/City Engineer, said this is the
2 million gallon water storage reservoir which is proposed to be
constructed on Tract 27. He said the bid was advertised in two
manners; the high profile tank and the low profile tank. He said
as anticipated, the high profile tank came in the lowest bid,
therefore, staff is recommending this bid be approved in the
amount of $993,000.00.
C/M Gottesman MOVED APPROVAL of Temp, Reso, #4007 accepting the
bid of R.J. Sullivan Corp. in the amount of $993,000.00.
Mr. Henning said in Section 1, Line 20, Item #1 would be
"$993,000.00". He asked if the $60,000.00 to Sullivan would be
the amount of $993,000.00 less this amount or more. Mr. Greenwood
said they are recommending to award Bid Item #1 in the amount of
$970,000.00 and Bid Item #2 in the amount of $23,000.00. He said
they are not recommending awarding the $60,000.00. Mr. Greenwood
said the referendum was held last March for a 4 million dollar
project and funds for financing this project will be 88% from CIAC
and 12% from R & R Funds.
Mr. Henning said referred to Page P-2.2 regarding removal of the
fill in the amount of $60,000.00, and noted that this was reject-
ed. He asked if the architect is included in the bid and who are
they and Mr. Greenwood said the architectural treatment design has
already been performed and selected and is included as part of the
contract documents. He said the amount of $23,000.00 is the
actual physical treatment to the tank and does not include archi-
tectural engineering fees which is from another account.
Mr. Henning said he reviewed the contract as prepared by Williams,
Hatfield & Stoner and he asked if Council wants any type of sketch
to come to the City before the one year storage site is set up.
V/M Massaro said it is essential that Mr. Greenwood approve what
will be put there.
C/M Gottesman AMENDED his MOTION for APPROVAL of the Resolution to
be subject to the selection and type of storage site by the
Utilities Director/City Engineer.
Mr. Henning said for the record that is Page DSG-2, Paragraph G05,
Storage Site of Williams, Hatfield & Stoner's report.
V/M Massaro said it is important that this facility at this site
will be kept to a minimum and caution should be taken that the
soccer fields not be damaged or interfered with. Mr. Greenwood
said he has noted that.
V/M Massaro SECONDED the MOTION.
VOTE:
ALL VOTED AYE
11. Utilities West - Sanitary Sewer Rehabilitation (Project
84-4) - Temp. Reso. #4008 - Discussion and possible action
on:
a) Change Order #7 decreasing the contract by $45,513.50 to
a final total of $398,565.00
b) Payment #9 (final) to Interstate Pipe Maintenance in the
amount of $24,761.31
SYNOPOIS QF ACCTION:
APPROVED a) and b).
RESOLUTION NO. R-86-63 PASSED.
7
2/26/86
/pm
a) Mr. Henning read Temp. Reso. #4008 by title.
b) Mr. Greenwood said the amount of $45,513.50 is pertaining to
Change Order #7. He said the overall decrease of all seven Change
Orders to the contract amounts to $28,491.00. He said in summary
Change Order #1 - No monies involved
Change Order #2 - " if it
Change Order #3 - A plus of $ 8,309.50
Change Order #4 - A plus of 29,984.00
Change Order #5 - A plus of 9,000.00
Change Order #6 - A deduction of 30,271.00
Change Order #7 - Minus 45,513.50
NET DEDUCTION - $28,491.00
to the Contract
Mr. Greenwood referred to a document entitled "Application for
Payment" and said the original contract price amount was
$427,056.00 and the pluses and minuses shown give an overall
deduction of $28,491.00.
V/M Massaro MOVED APPROVAL of Temp. Reso, #4008 for both a) and b)
of this item, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
12. Utilities West - Bpnd_Sale - Discussion and possible action
on:
a) Status report
b) Payment to Touche Ross & Co. in the amount of $151500.00
c) Payment to Rutland Bank in the amount of $1,193.30
d) Payment to The H. & W.B. Drew Company in the amount of
$10,000.00
e) Payment to Fine, Jacobson, Schwartz, Nash, Block &
England in the amount of $17,700.00
SYNOPSIS OF ACTION:
a) The City Attorney gave a
status report
APPROVED b) thru e)
a) Mr. Henning said the bond closing of the refinancing bonds for
Tamarac Utilities West was held on 12/31/85 with the pre -closing
being held the day before that. He said this was done to meet
with Federal and tax requirements in effect and get them in the
calendar year of 1985. He said some of the money proposed to pay
these final bills were in a Sinking Fund of the old bonds. He
said they were C.D.s and time deposits that had not yet reached
maturity and, rather than have withdrawal penalties, some of these
payments were deferred until the C.D.s mature. He said the bond
closing went fine and Council received copies of the closing
statement.
b) V/M Massaro asked Gerry Heffernan, Bond Counsel, if portions b)
thru through e) of this item have appeared as a new item and
e) Mr. Heffernan said c) through e) did not but he was uncertain
about b). He said Council should have been advised that there
would be a cost to the City for the reports that needed to be
prepared for the official statement as well as the verification on
the escrow, etc. He said the other three expenses were on a
retainer letter that was given approximately two years ago.
L
2/26/86
/pm
Mr. Heffernan said the d) item concerned the printing of the bonds
and was discussed previously. He said c) concerns the escrow fee,
which was also discussed. He said, regarding b), he was not
familiar with the actual amount of $15,500.00 for Touche Ross.
Mr. Henning said the b) portion of the item concerns two bills,
one for $8,500.00, which is for the verification of the numbers of
the payout at maturity and the amount of $7,000.00 was a combina-
tion of the two or three comfort letters needed during the course
of the bond issuance. He said they were refunding bond costs.
Mr. Henning asked if there would be additional costs from Touche
Ross and Mr. Heffernan said probably not. He said there would not
be a large amount because there is not a refunding bond and there
is nothing to verify. He said the smaller amount was for the
comfort letters because of preparation of the financial statements
and the inclusion in the official statement.
Frank Etheredge, Finance Director, said Touche Ross has not been
paid for any of their services in connection with the bond issue.
V/M Massaro said these were amounts that were established that the
City would be.obligated to pay and Mr. Etheredge said yes.
V/M Massaro MOVED APPROVAL of payments b) through e) as indicated
on the agenda, SECONDED by C/M Munitz.
VOTE:
C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
37. TUW - New Bond Issue - Discussion and possible action.
SYNOPSISOF ACTION: Agendized by Consent on Page 1
TABLED for further consideration
by Council on this item.
Mr. Heffernan said he was asked by the City Attorney to prepare a
summary for the Council to show what must be done for a new bond
issue at this point. He said now that an Ordinance is in force
and the 1980 bonds have been refunded, all that has to be done is
for a parity to be issued for the new monies.
Mr. Heffernan said there are two ways to proceed; first, an
underwriter must again be selected either through negotiations
with five or six underwriters or through competitive bid with an
official statement, notice of sale and selection of the lowest
bid. He said there are advantages and disadvantages to either
procedure.
Mr. Heffernan said one of the disadvantages of a competitive bid
is that there is a parity test that must be met and the way the
refunding bonds were structured, many of the maturities were due
at the end as opposed to earlier. He said the thought behind that
was that when the City had new money bonds, they would be done
with shorter coupons with more serial bonds and lower interest
rates overall.
Mr. Heffernan said the thought
bonds with the refunding bonds
would be sufficient revenues to
point.
was that the combination of the new
and current net revenues, there
proceed with a parity bond at this
9
2/26/86
/pm
3
Mr. Heffernan said the advantage to having a negotiated sale with
an underwriter is because they can be given all the information in
advance.
Mr. Heffernan said one of the advantages of having a competitive
bid is that the underwriters are competing against one another an
there is a tendency to propose a lower fee. He said there are
very few issues in the market and the rates are very low because
of that.
Mr. Heffernan said there is a provision in the Federal Law, Rule
38-38, which the House passed last year and is still pending and
there is a question of when the effective dates will be. He said
he does not believe the new rules and regulations will affect
Tamarac because these are purely municipal bonds. He said one of
the significant requirements is that 5% of the bond issue be spent
within the first 30 days after the bonds are issued.
Mr. Heffernan said there is significant expense and construction
that needs to be done and that requirement should be met. He said
Section 207 states that when the City is ready to have bonds for
new improvements, all that is needed is an award Resolution
authorizing the bonds and the project. He said this point cannot
be reached until an underwriter is selected and a price is receiv-
ed.
Mr. Henning said Council went through competitive negotiations for
the underwriters and selected one and two to work together. He
said there are three alternatives: first, Council can hire them
both again, second, hire just one of them or, third, if Council i
dissatisfied with both of them, it could take longer than 6 weeks
to select a new firm. Mr. Heffernan said the important thing is
that this should be structured so that there is no need for a rate
increase.
V/M Massaro MOVED to TABLE this item for further consideration by
Council.
Mr. Henning said for the record, the fee that came in above cost
was the underwriter's attorney. V/M Massaro said Council was told
it was because of computer fees and Mr. Heffernan said it was a
combination of both.
C/M Gottesman said some of the details that were gone through can
be reused and Mr. Heffernan said yes.
C/M Munitz said the referendum that was passed included the
phrase, "as may be needed". In other words, it is a specific
project less whatever allowances the City may be getting from
State or Federal sources. He said this should only be for the net
amount that will be the cost to the City.
C/M Gottesman SECONDED the MOTION.
VOTE:
ALL, ._VOTED _ AYE
10
2/26/86
/pm
1
13. Utilities West - Two Separate and Distinct Operations
and Maintenance Buildings (Project 85-20) - Discussion and
possible action to approve a contract with Daniel E. Adache &
Associates/Russell & Axon, Inc., for engineering and archi-
tectural services.
SYNOPSIS OF ACTION:
HELD for later in the day.
(See Page 30) .
Bill Greenwood, Utilities Director/City Engineer, said this
project is for two distinctive purposes: first, the complete
remodeling of the existing water treatment plant at its existing
site to house existing water treatment plant operations only. He
said.the proposed new structure would encapsulate the existing
masonry structure and, once the new structure is built over it,
the interior walls would be removed and completely remodeled on
the first floor. A second floor would be added for the operators
station and lavatory space, which is required by permit.
Mr. Greenwood said in the event that the City did not follow
through with the proposed 201 Plan, the second floor could be
extended to include approximately four additional offices required
for sewage treatment plant operators. He said the conceptual
design right now is taking into effect all possibilities for uses
of that structure.
Mr. Greenwood said the second structure which is proposed is to be
located on Land Section 7. He said this structure is needed for
the field operations personnel. He said the existing personnel
have been housed over at the existing facilities. He said Broward
County has essentially evicted all field operations and mainten-
ance repair from that site because of the Wellfield Zone 1 protec-
tion. He said no greases, oils, gasoline maintenance, etc., may
be used in a Zone 1 area.
Mr. Greenwood said presently the utilities operations for field
operations is scattered. He said there is some equipment located
on the existing site with a majority of the equipment over at the
Public Works site and additional storage and equipment at Utili-
ties East.
Mr. Greenwood said the Engineering Department would also be
proposed to be housed in this structure along with Customer
Service, the billing for the utilities. He said this would be one
consolidated structure located on Land Section 7. He said the
Utilities Department has gone through the competitive negotiations
and have drafted a contract with the firm that was ranked number
one.
Mr. Greenwood said they are only requesting the following:
Addendum No. 1, Phases 1 through 5 - $17,500.00
Addendum No. 2, Phases 1 through 3 - 30,000.00
Addendum No. 3, Phases 1 and 2 - 23,000.00
Total requested authorization for
implementaton - $70,500.00
Mr. Greenwood said the anticipated total contract is for
$137,000.00; however, since the buildings are not designed they
are requesting authorization to proceed with the planning and the
programming for these structures at this time.
V/M Massaro asked how much is budgeted for the cost of this
building and Mr. Greenwood said the budgeted amount is approxi-
mately one million dollars and that is based upon conceptual ideas
only and.is subject to change.
11 �
2/26/86
/pm
C/M Munitz asked if that is part of the Tamarac Utilities West
budget and Mr. Greenwood said yes. V/M Massaro said it will
become part of the TUW bonding money and Mr. Greenwood said the
full amount will be split approximately 50/50 between the water
and the sewer facilities of TUW.
Mr. Henning said the bond issue is for wastewater only so the
assessment is being divided 50% for water services and 50% for
sewer services. He said the sewer services will come from the
revenue bond issue and the water half of the cost will come from
impact fees (CIAC) collected from developers.
V/M Massaro MOVED APPROVAL of the contract to Daniel E. Adache &
Associates/Russell and Axon for the engineering and architectural
services for the Tamarac Utilities West Operations and Maintenance
Buildings, Project 85-20.
C/M Gottesman asked if this was a), b) and c) for a total of
$70,500.00 and Mr. Greenwood said yes, they are requesting author-
ization so that they may issue a Notice to Proceed on those items
listed only. C/M Gottesman suggested the amount be included in
the Motion and V/M Massaro said she would amend the Motion to
state the amount of $70,500.00 for Addendums 1, 2, 3 and 5.
SECONDED by C/M Gottesman.
Mr. Henning asked where the agreement for this is and
Mr. Greenwood said this is for the planning and design phases of
the building and they do have the document. Mr. Henning said he
would like to review that carefully.
Tape 3
C/M Stein said presently there is not a contract and he felt it
should be understood that this is not authorization to proceed
until the City Attorney approves the agreement and it comes back
to Council. Mr. Henning said this is approval of the selection
with an understanding to prepare a contract for Council approval.
The Assistant City Clerk provided the City Attorney with a copy of
the agreement and said it should be in Council's backup. C/M
Stein noted that Council needs time to review this and V/M Massaro
suggested this item be held until later in the day.
39. TUE -- Discussion and possible acton on:
a) Refund to sanitary sewer customers
b) Cancellation of the contract for the sanitary sewer lines
SYNOPSIS QF_A,CTION: Agendized by Consent on Page 2
a) APPROVED a total refund to
the people in a total amount
of $118,791.00.
b) APPROVAL was given to cancel
the contract for sanitary sewer
lines for 74 septic tank owners.
a) Mayor Kravitz turned the gavel over to the Vice Mayor.
Mayor Kravitz said he has met with many of the residents concern-
ing Tamarac Utilities East and he agreed that thissituation was
not properly handled. He said he met with the Utilities Director
and the Finance Director and, based on records of the dates of the
earliest customers with the system, there are 722 customers. He
said under a proposed agreement they will receive $150.00 each.
He said the other customers, numbering over 200, will receive a
refund varying from $146.88 to 0.
12
2/26/86
/pm
Mayor Kravitz noted that this refund does not involve the 74
customers who are not paying sewer fees. He said the total refund
amounts to $118,791.00 and Retained Earnings at the end of the
fiscal year, 9/30/85, was $282,000.00. He said when the refund is
made, the City should have Retained Earnings of $163,209.00 to be
used for capital projects this year and to maintain a Contingency
Fund for the system.
Mayor Kravitz said he just received a letter from Tamarac Lakes
South, signed by John Hartley, President of the Civic Association.
He said this was addressed to him in reference to Tamarac Utili-
ties East Proposed Refund. He read:
"Tamarac Lakes Civic Association had a meeting Tuesday, 2/25/86,
with over 150 attending. Members voted unanimously in favor of
accepting the Tamarac Utilities East refund proposal as outlined
in the attachment to your letter of 2/24/86."
Mayor Kravitz asked Frank Etheredge, Finance Director, if there is
anything that should be noted and Mr. Etheredge said no, the
proposal has been outlined properly as it stands now. He noted
that anyone who hooked up to the system after 9/30/85 will not get
a refund.. Mayor Kravitz said the City Attorney should draft the
proper agreements to be signed at a meeting in the residents' own
area where the City Manager and staff can be present. He said
this should be set up so that the refunds can be distributed
within a week or ten days.
Mr. Etheredge said on 3/7/86 they will be in the Utilities East
area with 4 or 5 staff members handing out checks and having the
people sign release forms.
Rita Schaffner, President of Tamarac Lakes 1 & 2, said she also
had a meeting yesterday morning and the residents voted unanimous-
ly to accept the refund of $150.00.
Paul Ferrara, resident of Tamarac Lakes North, read a letter:
1-2/25/86 to the City of Tamarac from Tamarac Lakes North Community
residents. On 2/25/86, Tamarac Lakes North Community residents
me-t at a special meeting and passed a resolution to request and
accept the tentative refund proposal subject to City Council
approval which equates approximately to $150.00 per household to
those who contributed to the overcharge from October, 1981 to
September, 1985. It is understood that no subsequent penalties
will be incurred as a result of this refund." He said this was
signed by President, Barbara Long, and he commended Mayor Kravitz
and Council for this action.
Anthony Russo, President of the Boulevards, said they had a
meeting last night attended by 150 of the residents and they
approved the acceptance of the $150.00 refund unanimously.
V/M Massaro asked if the residents that are not getting the full
amount of $150.00 understand that it will be pro rated and the
Presidents in the audience said yes.
C/M Munitz asked Mr. Etheredge how much of a monthly increase this
refund will have within the next year or so and Mr. Etheredge said
C/M Munitz is right. He said if the money is refunded somewhere
along the line there will be a rate increase. C/M Munitz said
this should be made clear.
13 V%
2/26/86
/pm
Mr. Ferrara said the monies being given back were given to the
City under false pretenses. He said it was kept in the bank for
three years and then admitted that it must be given back. C/M
Munitz said he is not objecting to the refund but wanted the
people to realize that the Retained Earnings have been used to
keep the current rates down in the East section of the City.
However, he said, when that money is not available, there is only
one place it can come from, and that is the residents' monthly
bill. Mr. Ferrara said the residents fully understand the
effects of inflation but this money should have been held in
escrow because it belonged to them and was not tax payer money.
Evelyn Lang, member of the Board of Directors of the Boulevards,
said the residents east of 441 have never objected to any raise of
fair rates. She applauded Council for their efforts on behalf of
the residents.
Mayor Kravitz MOVED that authorization be given to the City
Manager and City Attorney to proceed with this and issue the
refunds to the residents in their area. He said this process
should be completed within one week to ten days. SECONDED by
C/M Munitz.
V/M Massaro said this is long overdue and the money that is being
returned now is fair and honest. She said the monies have been
held for the various lift stations that have to be replaced or
repaired and the residents in the east will now be on the same
type of program as the residents in the west.
V/M Massaro said there will be $200,000.00 spent in this area
during the remainder of this budget year for the various correc-
tive work and that will be paid for with monies budgeted.
VOTE:
ALL VOTED AYE
V/M Massaro said those people who have been residents for the
longest period of time should be paid as soon as possible. She
said the City Attorney will have to prepare a certification to
determine how these checks will be given out. Mr. Henning said he
will prepare a release form on this and the checks will be made
out to the account holder with the City.
V/M Massaro returned the gavel to Mayor Kravitz.
b) V/M Massaro said she had a long discussion regarding this with
Mrs. Schaffner, President of Tamarac Lakes 1 & 2. She said the
amount is actually 72 customers plus l commercial, which is
equivalent to 2 ERCs.
Mrs. Schaffner said she submitted a petition that was signed by
all the residents that are available. V/M Massaro said the
Utilities Director/City Engineer said the City could never get a
grant on this project again if it is rejected now but the resi-
dents are not concerned with that. She said there are Fort
Lauderdale residents adjacent to the Tamarac residents and these
people have septic tanks and do not see the purpose of going into
a sewer system that is so costly.
V/M Massaro said the costs are high because there is a long line
that must be constructed in order to create this sewer system
connection and the charges must go to the residents involved.
14
2/26/86
/pm
i
i
J
1
1
V/M Massaro said the
residents there have been told
by Fort
Lauderdale that they
will not force them to go into
any sewer
system and that they
can stay on these septic tanks.
She said the
expense is too great
and the residents would rather
stay on the
septic tanks.
V/M Massaro said the
people do not want this project
and she MOVED
that the City terminate the contract, drop the grant
and stop the
sewer project. SECONDED by C/M Gottesman.
C/M Munitz asked Mr. Greenwood, Utilities Director/City Engineer,
if there was any requirement by the D.E.R. or any governmental
agency that would make this a necessity. Mr. Greenwood said as of
this morning, the main regulatory agency would be Broward County
Environmental Quality Control Board and they were asked this same
question. He said they stated that they are not pushing for
sanitary sewers for residents in such areas at this time within
Broward County.
Mr. Greenwood said going back to the beginning, and in his
professional opinion, all health agencies recognize that septic
tanks are "potential health hazards". He said it is up to the
City Council to make decisions pertaining to how monies will be
spent and allocated. He said "potential health hazards" are
always a Catch 22 and he has never known a sanitary sewer project
that was applauded by any residents within any community.
Mayor Kravitz asked if a section of a community is hooked up to
the sewer but next to it there are septic tanks which Tamarac
could not control, would this be the same situation. Mr.
Greenwood said no, it is his professional opinion that within a
community, a City Council, which is controlling the monies, should
be considering looking at cleaning up that community to the best
of its ability. He said there is no documentation of any disease
outbreaks presently; however, as a professional he would have to
recommend that the sanitary sewers be installed for the protection
of the public health, welfare and safety.
V/M Massaro said the Utilities Director/City Engineer, must say
this but she personally has lived with septic tanks for most of
her life. She noted that if a septic tank is sealed properly and
is air tight, the bacteria will work perfectly. She said if they
are not sealed properly they must be taken care of immediately.
Mr. Greenwood said Fort Lauderdale, to the north of this area, has
no plans for installing sanitary sewers in those areas that have
septic tanks. He said Broward County Utilities to the east of
this area has no plans to install septic tanks in that area and
Oakland Park to the south is presently on sewers.
V/M Massaro said if, at some point in time, Fort Lauderdale
decides the people are having problems and something needs to be
done, they are in close proximity and can hook up then.
Mr. Henning noted for the record that the City is responding to
the peoples' wishes by having the refund payments and he suggested
the Council respond to the rejection of the grant and sanitary
sewers. He said the City has a petition from the majority of the
homeowners that they do not want the project but it is a question
of whether documents concerning this should be prepared.
Mrs. Schaffner said she is sure all of her people would give her
permission to sign this release form. Mr. Henning said he will
meet with Mrs. Schaffner concerning this.
15
2/26/86
/pm
VOTE:
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
Mrs. Schaffner thanked all of Council and the City Attorney for
their assistance in this matter.
14. Utilities East - Tamarac Lakes Gravity 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 2/12/86)
SYNOPSI$ OF ACTION: REMOVED
from the agenda.
Mr. Henning noted that this item was included under the previous
Item #39.
C/M Gottesman. MOVED to REMOVE this item from the agenda, SECONDED
by C/M Munitz.
VOTE:
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
COMMUNITY DEVELOPMENT
23. Tg1m_axa_c Nur�-ino_Center - Discussion and possible action on a
revised Development Agreement regarding Land Use Amendment
(tabled from 2/12/86)
SYNOPSIS OF ACTION: (See Page 18)
HELD for later in the day.
Doug Cowan, representative of the applicant, submitted a check in
the amount of $102.50 for Recording Fees to the Assistant City
Clerk.
Thelma Brown, City Planner, said the Council was considering the
approval of the agreement for development only and Mr. Henning has
prepared the Development Agreement which completely identifies
what Mr. Cowan was instructed to pay, what conditions of approval
were granted and what conditions must be met for final approval of
the A.C.L.F. units.
Mr. Henning said the City is in the process of amending the Land
Use Plan with various amendments. He said the City has an out-
dated fee of $400.00 which this applicant has paid and they find
in the processing of the Land Use Plan that there is an extended
amount of staff and consultant time which is needed. He said
there are after 5:00 P.M. Public Hearings with presentations to
the County after the City approves the amendments, as well as
advertising costs, and some of these costs have been estimated and
assessed.
16
2/26/86
/pm
Tape 4_
Mr. Henning said there is an agreement before Council today
between the City and Tamarac Nursing Center which outlines the
latest estimate of costs to the City for the processing of the
Land Use Plan Amendments. He said it recognizes that there will
be the following;
$ 400.00 -- Applicaton
6,700.00 - Estimated
Overtime,
Plus advertising costs
Total - Not to exceed
Fee
cost of processing (Consultant time,
etc.)
$8,300.00
Ms. Brown noted that the applicant paid all the fees at the last
Council meeting. She said the amount of $7,900.00 was inclusive
of the filing, staff and the advertising fees. She said, in
addition, the applicant submitted the regular filing fee of
$400.00.
Ms. Brown said there were five items that were conditional;
1. Providing all the required data as required by the procedural
list from the Broward County Office of Planning
2. Provide location maps
3. Provide surveys
4. Provide legal descriptions
5. The developer will be responsible for all fees involving
updating of the City's Land Use Map reflecting the Land Use
change at the local and County level
Ms. Brown said the first four items have been completed and the
only remaining one is #5 and it is not known at this time what the
State will be requesting but it should be minimal.
V/M Massaro said she does not like this agreement and Mr. Henning
said it can be revised in a few minutes.
Mayor Kravitz held this item for the afternoon for amendment of
the agreement by the City Attorney.
24. Tamarac Plaza - Revised Site Plan - Tgmg. Reso.
010 - Discussion and possible action on a revised site plan
reflecting an awning for L'Hostaria at 6646 NW 57 Street.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-66 PASSED.
APPROVED subject to no
signage being put
on the awning.
V/M Massaro read Temp. Reso. #4010 by title.
Thelma Brown, City Planner, said the applicant is requesting an
awning with brown trim and staff recommends if approval is grant-
ed, it be conditional that no signage be allowed on that awning.
V/M.Massaro asked if there is any beautification necessary at that
location before this is approved and Ms. Brown said no, the center
was in good condition.
V/M Massaro MOVED APPROVAL of TeMp, Reso.,-JA010, subject to no
signage being put on the awning, SECONDED by C/M Gottesman.
ALL VOTED AYE
17
2/26/86
/pm
23. Tamarac Nursing Center -- Discussion and possible action on a
revised Development Agreement regarding Land Use Amendment
(tabled from 2/12/86)
SYNOPSIS OF ACTION: (See Page 16).
APPROVED as amended.
Mr. Henning read Paragraph 2 of the Agreement, "In addition to the
above, the developer shall provide:
1. All required data as required by
Broward County Office of Planning
2. Location maps
3. Surveys
4. Legal descriptions".
Mr. Henning read a new Paragraph for
developer will pay for or provide the
City's Land Use Plan Map and pay for
pursuant to Florida Statute 163."
the procedural list from
the last sentence, "Also, the
graphic revisions to the
any charges for review
V/M Massaro said Paragraph 1 is incorrect since the City is not
going to bill the developer and Mr. Henning said the last sentence
on Paragraph 1 is being stricken and he noted it should read,
"The developer agrees to pay the City the reimbursement of the
cost to process the Land Use Plan Amendment, the developer's
property, in the amount of $6,700.00, a $400.00 Applicaton Fee,
plus advertising. The combined total cost plus advertising shall
equal $8,300.00."
V/M Massaro MOVED APPROVAL of the Agrement as amended and read
into the record by the City Attorney, SECONDED by C/M Gottesman.
V> E
ALL VOTED AYE
25. Phil Hopkins Retail Store - Discussion and possible action on:
a) Site Plan - Temp. Reso. #4011
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Public Safety Ingress/Egress Easement -- Temp. Reso_
#4012
(to be located on the north side of Commercial Blvd., east of
NW 79 Ave.)
SYNOPOI5 OF CTI N:
a) APPROVED as presented.
b) APPROVED with conditions.
APPROVED c), d) and e).
RESOLUTION NO. R-86-67 PASSED.
RESOLTTION NO. R-86-68 PASSED.
a) Mr. Henning read Temp. Reso. #4011 by title.
C/M Munitz said said there is a problem with the traffic on NW 79
Ave. and he questioned what affect this project would have.
Thelma Brown, City Planner, said the zoning on the property is
B-1, Master File #16-82 and acreage is .89. She said the total
square footage of the building is 6,004 and staff recommends
approval subject to the payment of the fees today totalling
$8,347.73.
1
1
18
2/26/86
/pm
1
1
EDITQRIS NQTE: James Brady, representing the applicant, presented
a check to the Assistant City Clerk in the amount of $8,347.73 for
the following:
$1,575.00
115.70
3,240.75
1,014.68
2,401.60
- Drainage Retention
- Drainage Improvement
- Water and Sewer Contribution
- Future Traffic Needs Fees
- Future Traffic Signalization
Ms. Brown said the Landscape Plan was approved
tion Committee on 12/16/85, subject to:
1. Add shade trees on each parking lot island
2. Sod to the edge of pavement of roads with
3. Provide rust -free irrigation
Charges
Fees
by the Beautif ica--
irrigation
4. Add shade tree at the northwest corner of the property
Ms. Brown said they have submitted all of those revised conditions
to the City Planning Department; therefore, approval by Council
would be without condition.
C/M Munitz asked if this project will have any affect on the
traffic problems on NW 79 Ave. and Mr. Brady said there is an
entryway at the southeast corner of the property for people coming
west on Commercial Blvd. and it is a two-way entryway for people
who would also exit at that location and turn westerly. He said
there is an ingress/egress at 57 St. going behind the Sun Bank
property and out to Commercial Blvd.
C/M Gottesman asked what will be sold in this store so that
traffic problems could be anticipated and Mr. Brady said right now
they are negotiating a lease which is not complete. He said the
lease they are negotiating is an upscale floor covering retailer;
however, it is not definite.
V/M Massaro asked what is being done concerning the curbing of the
medians and Ms. Brown said they are shown as being curbed on the
latest update plan. She said the plan states, "existing median to
be modified, sodded and new D.O.T., Type D curb...", which is the
only type of curb the City will approve. V/M Massaro questioned
the depth of the curb and Ms. Brown said the Deputy City Engineer
has requested that they move the curb back to the boundary lines
of their property line. Ms. Brown said the Plan states that this
will be landscaped and sodded with Bahia grass.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4011 accepting the site
plan as presented, SECONDED by C/M Gottesman.
VOTE: ALL._.VOTED AYE
b) V/M Massaro asked Florence Bochenek, Chairperson of the Beautifi-
cation Committee, if it was considered that the medians should
have a tree at each end. Mrs. Bochenek said they have found that
trees in the median can be a visual obstruction and this is taken
into consideration when the plans are reviewed. V/M Massaro said
if trees are put at the ends of the medians they would not
obstruct anything and she asked Mr. Brady if his client would have
any objections to planting a tree at each end of the median.
Mr. Brady said he would not anticipate an objection providing
there is no safety problem created.
V/M Massaro MOVED APROVAL of the Landscape Plan with two trees
planted one at each end of the median, with the approval of the
Beautification Chairperson. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AY
19
2/26/86
/pm
c) Mr. Henning said he has reviewed the Water and Sewer'Developers
Agreement and recommends approval. He said the top half of
Exhibit D should be deleted because that is a residential refer-
ence.
V/M Massro MOVED APPROVAL of the Water and Sewer'Developers
Agreement, SECONDED by C/M Munitz.
VOTE:
C/M Stein
Aye
C/M Munitz
Aye
C/M Gottesman
Absent
V/M Massaro
Aye
Mayor Kravitz
Aye
d) V/M Massaro MOVED APPROVAL of the Water Retention Agreement,
SECONDED by C/M Munitz.
VOTE:
C/M Stein
Aye
C/M Munitz
Aye
C/M Gottesman
Absent
V/M Massaro
Aye
Mayor Kravitz
Aye
e) Mr. Henning read Temp. Reso. #4012 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso._4012 accepting the
Public Safety Ingress/Egress Easement, SECONDED by C/M Munitz.
VOTE:
C/M Stein Aye
C/M Munitz Aye
C/M Gottesman Absent
V/M Massaro Aye
Mayor Kravitz Aye
36. Midway Plaza - Traffic Pattern - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
Mr. Brady agreed to various
stipulations.
James Brady, representing Midway Plaza Associates, Ltd., said his
client has agreed to pay for the installation of certain public
signs on NW 79 Ave. He said there are 12 signs at $60.00 each for
a total of $720.00 and he submitted this to the Assistant City
Clerk.
V/M Massaro said she had meetings with the City Planner and
representatives of Edgewater Village and they agreed completely
with this proposal. She said they have a copy of this agreement
and have agreed that the signs will be posted on their proprty.
She said they also have no objection to the City putting up
traffic control signs which provide for "No Thru Traffic" and
"No Thru Trucks".
Mr. Brady said the $720.00 is for the public signs and they will
bear the cost of erecting the interior signs, such as "Employee
Parking", etc. City Manager Perretti said in order to alleviate
the congestion problem on NW 79 Ave., he issued an order yesterday
to the Public Works and Utilities Departments to not use that area
with their trucks.
20
2/26/86 `
/pm
Mr. Brady asked if he could report to Allan Goldberg, the Opera-
tions partner, that this matter is concluded and resolved amicably
and Council members agreed. Mayor Kravitz suggested that a letter
be sent from the City Manager's office thanking Mr. Goldberg for
his cooperation in this matter.
26. Shiff/Sutte - NW 57 Street -- S-Curve at _Commercial
Boulevard - Temp. Reso. #4015 - Discussion and possible action
on an amendment to the Developer's Agreement (with Covenants
and Restrictions) regarding the provision to transplant eight
existing trees to Tamarac Veterans Park.
SYNOPSIS OF ACTION:
APPROVED with conditions.
RESOLUTION NO. R-86-69 PASSED.
Mr. Henning read Tgmp, Reso. #4015 by title.
V/M Massaro said there is an agreement with Mr. Shiff that re-
quired the trees to be transplanted within a certain number of
days. She said when this time lapsed she discussed this with
Messrs. Brady and Shiff and they have agreed to give the City 8
additional trees. She said if these trees are moved right now
from the S--curve, they could die in the process because the new
growth has not taken place and they should not be moved for
approximately one more month.
V/M Massaro referred to Paragraph 2 of the agreement in which
Mr. Shiff agrees to 8 additional trees. Mr. Brady said he ordered
those trees this morning and the nurseryman told him that if the
12.to 14 foot trees were available, he would plant those. He said
he ordered the available trees 10 to 14 feet depending on the
availability.
V/M Massaro said there will have to be direction as to where the
additional trees are to be planted because the direction for
Veterans Park is for the trees that are going to be transplanted
beforer4/15/86. Mr. Henning suggested this be noted as "a minimum
of 12-feet in height" in the agreement and Mr. Brady concurred.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4015, SECONDED by
C/M_Stein.
VOTE: ALL VOTED AYE
27. V1.1la-sof Sabal Palm - Discussion and possible action on a
request to substitute a Letter of Credit for a cash bond which
was posted as a homeowner warranty (tabled from 2/12/86).
SYNOP515 QFACTION: TABLED
to the 3/12/86 Council meeting.
EDITOR'S NOTE: A check was received at the meeting in the amount
of $970,.20 for the following:
$485.10 - Guaranteed Revenues from 2/1/86 to 3/1/86
485.10 - Guaranteed Revenues from 3/l/86 to 4/l/86
V/M Massaro said this is the same Letter of Credit that was
rejected previously and this cannot be accepted without further
review.
21
2/26/86
/pm
Tape 5
V/M Massaro MOVED to TABLE this item to the 3/12/86 Council
meeting, SECONDED by C/M Munitz.
VOTE•
ALL VOTED AYE
Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch.
Mayor Kravitz called the meeting to order at 1:30 P.M.
ROLL CALL: PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J..Munitz
(2:00 P.M.) Councilman Sydney M. Stein
GENERAL ADMINISTRATIVE/FINANCIAL
38. Bid Waiver - New Pump Replacement Engine for C-14 Canal
Pump _Station #1 -- Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
APPROVED.
C/M Gottesman said there was a memo from the City Manager request-
ing a waiver of bidding and recommending approval of the purchase
from Raegan Power Packagers in the amount of $17,534.00 for a new
pump replacement engine for the C-14 Canal Pump Station #1. He
said this is an emergency because of drainage and the upcoming
rainy season. He said there is a memo from Michael Couzzo, Public
Works Director, which indicates that there is enough money in the
Mechanical Equipment Machinery Repair Drainage Improvement Fund.
C/M Gottesman said Mr. Couzzo's memo to the City Manager states
that Public Works has solicited quotations for the replacement of
the pump and, due to the special nature of the equipment and
importance of having these pumps fully operational for the rainy
season, he conferred with the City Engineer and it is their joint
opinion that a recommendation to approve purchasing and installa-
tion of this equipment should be made.
C/M Gottesman said the lowest of the two quotations received is
$17,534.00 and he MOVED APPROVAL of this waiver of competitive
bidding for this needed equipment. SECONDED by V/M Massaro.
The Assistant City Clerk asked if this approval included the
purchase as well and C/M Gottesman amended his MOTION adding
approval of the purchase from Raegan Power Packagers in an amount
not to exceed $17,534.00 including the installation of a new pump
replacement engine.
VOTE•
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
22
2/26/86
/pm
I
h,
41. Alan Ruf -- Consulting City Attorney - Payment of Bill -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
APPROVED payment in the amount
of $3,184.25 for services rendered
from 12/3/85 through 1/31/86.
Mr. Henning said this is a 1/31/86 bill of Alan Ruf's which was
misfiled and missed the agenda deadline and he recommended
approval.
V/M Massaro MOVED APPROVAL of Alan Ruf's invoice in the amount of
$3,184.25, SECONDED by C/M Gottesman.
VOTE:
C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
40. Tamarac Park Satellite Building - Payment of 3 Bills:
John_Pellegrini, Pan American Window and Qlsjss
Estimating Corps - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
APPROVED payments.
Frank Etheredge, Finance Director, said based on the Chief Build-
ing Official's analysis, there is enough money in his account for
this payment. V/M Massaro asked if there is enough money in the
account for what has been paid, what is being asked for and the
items on that list that are still left open to be paid.
Mr. Etheredge said yes, there is.
V/M Massaro MOVED APPROVAL of the payment of the bills for the
Satellite Recreation Building:
John Pellegrini, dated 2/21/86 in th6 amount of $ 400.00
Pan American Window - 2/19/86 in the amount of $2,079.97
Glass & Estimating
Corp. - 2/ 5/86 in the amount of $1,429.00.
Account #344-761-572-650. C/M Gottesman SECONDED the MOTION.
C/M Munitz asked what has been paid in total for this building
thus far and Mr. Etheredge said through 2/20/86 there was
$113,580.43 paid.
VOTE:
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
42. John Taribo - Severance Pay - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
TABLED with individual Council
discussion with the City Attorney
and a Special Council meeting
being called, if necessary.
Mr. Henning said at the last Council meeting he brought to Coun-
cil's.attention the fact that there was a dismissal of
John;.Taribo of the Utilities Department. He said there was a
claim filed by him in response and Council authorized John Gronda,
the City's Labor Counsel, to defend the City in the action.
23
2/26/86
/pm
Mr. Henning said Mr. Gronda has been in contact with Mr. Taribo's
attorney and, before the action becomes too involved, possible
negotiations were discussed.
Mr. Henning said the City Personnel Manual authorizes 2 weeks
severance pay at the discretion of the City Manager for non --
Department Heads and 4 weeks for Department Heads. He said the
settlement suggestion would be 6 weeks severance pay and that
needs Council's authorization.
Mr. Henning said Mr. Taribo has been employed by the City for
approximately 6-1/2 years and this settlement would probably be
the minimal cost to the City. He said it could be fought in Court
but would cost the City more money and both Mr. Gronda and he
recommend this settlement.
Mr. Henning said on behalf of the City Manager, he asked that
Mr. Perretti not be asked for comments on this because, if the
negotiations fall through, Mr. Perretti will be called upon to sit
as Judge in the grievance procedure and comments at this time
would be inappropriate.
C/M Gottesman asked how much money is owed to John Gronda at this
point since Council only authorized an expenditure of $3,000.00
and Mr. Henning said it is less than $1,000.00. C/M Gottesman
asked how much 4 weeks salary to Mr. Taribo would amount to and
Mr. Perretti said $3,000.71 gross.
V/M Massaro said this should have been brought to Council private-
ly and she noted that employees should not be given extra money
when they are dismissed. She said she must know more about this
case and Mr. Henning suggested this be discussed at a Special
Council meeting.
V/M Massaro MOVED to TABLE this item for individual discussion
with the City Attorney and a Special Council meeting be called, if
necessary. SECONDED by C/M Munitz.
VOTE•
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
COMMUNITY DEVELOPMENT
30. Lakes of C-alliage Hills - Sign Waiver - Temp. Reso.
#4013 - Discussion and possible action to renew a sign waiver
for a temporary directional sign at the northeast corner of
Commercial Boulevard and Rock Island Road.
,SYNOPSIS OF ACTION: RESOLUTION NO. R-86-70 PASSED.
APPROVED for one year from
3/10/86 and to expire 3/10/87.
Mr. Henning read Temp, s 4013 by title.
Florence Bochenek, Chairperson of the Beautification Committee,
said this came to Council originally by waiver because it is not
on the property of Lakes of Carriage Hills but they do need
signage indicating where to go on that project. She said the
Beautification Committee would recommend renewal of this waiver.
1
24 /2/26/86
/pm
Mr. Henning noted that the City has received a letter from
Mr. Stackhouse of Sabal Palm giving conditional approval and
indicating that the property is under contract for purchase by
Oxford Industries and, upon the closing of the property, they will
discuss a relocation of the sign at an alternate location.
(C/M Stein entered the meeting at this point - 2:00 P.M.)
V/M Massaro MOVED APPROVAL of Temp. Reso. #4013, SECONDED by
C/M Gottesman.
T E :
PUBLIC HEARING
ALL VOTED AYE
15. Justus Homes, Inc.., of Florida - Reggning Petition
#1-Z-86 -- Temp. Ord. #1244 - Discussion and possible action to
rezone lands proposed for the recreation area proposed for
Hidden Harbour on the west side of NW 88 Avenue, north of NW
77 Street from R-3U (Low -Medium Density Resdential) to S-1
(Open Space/Recreational). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of applicaton.
SYN PSIS OF ACTION: Public Hearing
was held.
a) ACCEPTED Affidavits.
b) APPROVED on first reading. Before
second reading, the site plan is
to show reference to the buildings
adjacent to it on all sides.
a) Mr. Henning read Temp. Old, #1244 by title.
Mayor.Kravitz asked the Assistant City Clerk if the Affidavits
were received and she answered yes.
V/M Massaro MOVED ACCEPTANCE of the Affidavits of Publication,
Mailing and Posting, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED_AYB
b) Thelma Brown, City Planner, said the Planning Commission and
Planning Department request that this be approved subject to
verification of lot lines, which they have done. Ms. Brown said
staff has required an as -built or a lot line survey and they
recommend approval.
V/M Massaro said before the second reading of this Ordinance,
there should be a site plan showing the lot line with reference to
the buildings adjacent to it on all sides.
Mayor Kravitz opened and closed the public hearing with no re-
sponse.
V/M Massaro MOVED APPROVAL of .Temp. _0rd, j(1244 on first reading,
with the indication that before second reading, the site plan
clearly shows reference to the buildings adjacent to it on any
side. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
25
2/26/86
/pm
CONSENT AGENDA
4. Consent Agenda -
f) Tamarac Park Satellite Building - Approval to pay the
following invoices as recommended by the Chief Building
Official:
1) Ace Electric, Inc. - 2/15/86 - $17,710.00
2) Anchorage Air Conditioning - 2/10/86 - $14,905.10
3) Atlas Roofing Co. - 2/12/86 - $2,400.00
SYNOPSIS OF ACTION: (See Pages 3, 4 & 5)
REMOVED for discussion and
APPROVED.
V/M Massaro MOVED APPROVAL of payment of the invoices noted in the
title with all charged to Account #344-761-572-650. SECONDED by
C/M Gottesman.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
17. Pines of Woodmont - Tract 55 - Temn. Reso. #4009 - Discussion
and possible action on an engineering agreement with this
association in order for the City to alleviate flooding
problems.
SYNOPSIS QF ACTION:
APPROVED with an amendment
to the agreement.
RESOLUTION NO. R-86-64 PASSED.
Mr. Henning read Temp. Res_o_.__#4009 by title.
Mr. Henning said there were two revisions to this agreement on
Page 1, first, in Paragraph 1, the word "materials" must be added
to the first line, "Labor, "materials" and equipment...". He said
Paragraph 2, there were original cost estimates done which
totalled $4,509.60 and, in the revision, there should be actual
costs or certified costs at the completion of the job. He said in
the last line of Paragraph 2, there is a deadline added of
"June 1, 1986". He said Paragraph 2, revised, reads,
"The Association has paid $4,509.60 as a deposit against actual
cost which will be computed by the City at the completion of the
work. Final payment, if any, should be paid within ten days of
receipt by the Association of the City's invoice."
C/M Stein said originally this was a mutual agreement that the
City would provide the labor and the Association would pay for the
material and he noted that now this states that the City will
provide all labor and materials. He asked if the payment of
$4,509.60 is against the total cost of labor and materials.
V/M Massaro said she figured what the other repairs cost in Tract
73 and it came to $160.32 each with half of that amounting to
$75.16 per home. She said times 60 homes, this totals $4,509.60.
She said that is half of the cost and that amount included the
labor, the material and the blades that were used for cutting.
26 2/26/86
/pm
1
1
1
Mr. Henning said on Line 2, Paragraph 2, it should read, "The
Association has paid $4,509.60 as a deposit against one half
actual costs to be computed by the City at completion of the
work."
V/M Massaro MOVED APPROVAL of Temp. Reso. #4009 accepting the
amended agreement. She said the President of the Association is
required to sign the agreement, return this to the City Attorney
and Council will receive copies of it. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
29. T-he_ L-andings on Cypress Greens _(fQrmgrly Pstj g-Homes at
Fgirmont) -- Model Sales Facility - Discussion and possible
action to renew a model sales permit for Units 1 - 4
(tabled from 2/12/86)
SYNOP$IS QF_ACTION: APPROVED
renewal of the model sales permit
for 6 months from 2/15/86 and to
expire 8/15/86.
V/M Massaro MOVED APPROVAL of renewal of the model sales permit,
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
TAMAtAC UTILITIES
13. .Utilities West - Two Separate and Distinct Operations
and_- Maiptenance Buildings (Project_ 85-,-20) - Discussion and
possible action to approve a contract with Daniel E. Adache &
Associates/Russell & Axon, Inc., for engineering and architec-
tural services.
SYNOPSIS OF ACTION: (See Pages 11 & 12)
HELD for later in the day.
(See Page 30)
V/M Massaro said the agreement has been received but the City
Attorney has not had an opportunity to review it and
Mayor Kravitz said this item will be HELD for later in the day.
GENERAL ADMINISTRATIVE/FINANCIAL
5. Confidential, Supervisory and Managerial Emnlovees -
Temps Reso. #3811 - Discussion and possible action to approve
a pay plan and benefit package for these employees (tabled
f rom, 2/12/86 )
SYNOPSI,,q OF ACTION:
APPROVAL was given for 3%
increase retroactive to 10/l/85.
All else was TABLED to a Special
Council meeting or the next regular
meeting. The benefit package for
March was also APPROVED.
Tape 6 Mr. Henning read Tsmp. Rgsos #3811, by.title, as revised on
2/6/86.
27
2/26/86
/pm
V/M Massaro said in order to be fair to the City and the em-
ployees, she needed more time to review this. She MOVED that the
following pay plan adjustment be APPROVED: that the eligible
confidential, supervisory and managerial pay plan be increased by
3% in each grade and eligiblestep retroactive to 10/1/85. The
Finance Director is.to pay the sum due as soon as possible. She
further MOVED that Temp. Reso. #3811 be TABLED for further study
and the final determination be made at a recessed meeting or the
next regular meeting. She said a recessed meeting should not be
called earlier than late next week so that Council has ample time
to study this.
C/M Stein asked how many people would be receiving a 3% increase
and City Manager Ferretti said approximately 40. C/M Stein asked
how this compares to what the union employees received and City
Manager Perretti said the Federation of Public Employees received
5% on 10/1/85 and on 4/l/86 they will receive 5%. He said they
also have a 3 year contract with increases of 5% on 10/1/86 and
4/1/87 and they will receive 5%. He said their contract expires
on 9/30/87.
Mr. Perretti said the F.O.P., Fraternal Order of Police, received
4% on 10/1/85 and on 4/1/86 they will receive a 4% increase with
their contract expiring 9/30/86. He said the I.A.F.F., Inter-
national Association of Fire Fighters, had their contract approved
by Council a few weeks ago with 1% for the fire fighters, 2% for
the drivers and engineers and 4% for the Lieutenants.
C/M Stein asked how a union employee stands alongside a non -union
employee and Mr. Perretti said they are comparable at this moment
as long as percentages given to both groups stay relevant.
V/M Massaro said this pay plan should be reviewed carefully by all
of Council. Mr. Perretti said V/M Massaro's comments are correct
from the standpoint of salaries; however, the Federation of Public
Employees, which is the major union with 154 people, does have the
benefit package through 9/30/87. He said if that is taken away
from the others they are going to have a smaller package than the
union.
C/M Gottesman suggested the benefit package be included in the
Motion and V/M Massaro said no.
C/M Stein SECONDED the MOTION.
C/M Gottesman asked the Personnel Director to explain the benefit
package and Judy Deutsch, Personnel Director, said in October,
1984, the City and the Federation of Public Employees ratified a 3
year contract. She said the thrust of negotiations was benefit
enhancement rather than salary and that is when the $1,000.00
benefit option was adopted. She said when that contract was
approved, the City offered the same program to non -union Man-
agerial employees.
Mrs. Deutsch said the City Manager recommended that the City
approve the Resolution continuing these benefits for the Man-
agerial/Confidential people. She said the debate of whether it is
good, bad or indifferent is moot since this is giving the union
people a benefit and taking away a benefit from the non -union
people and that is a concern.
Mr. Henning said this was a negotiation and two of the bargaining
units rejected the benefit option package and wanted more money.
V/M Massaro said all of the benefit packages should be reviewed to
equalize them. C/M Stein said the problem is that the union has
this benefit package and the non -union employees do not.
28
2/26/86
/pm
Mrs., Deutsch said the City is in the process of going before PERC,
the Public Employees Relations Commission, for unit clarification.
She said since the Federation has come into the City, the City has
arbitrarily taken positions out or put in new positions and the
City has decided, because an agreement cannot be reached with the
union, that there will be a hearing. She said if things are not
equal at this point, the City may be forced by PERC to put some
Confidential people into the bargaining unit, and they may find
they have a better benefit package in the union. She said that is
not the way business should be done.
V/M Massaro said from what she has seen so far, these benefit
packages are not equal. City Manager Ferretti said the benefit
package has been approved by Council for these employees on a
month -to -month basis and he requested this be approved for the
month of.March.
V/M Massaro AMENDED her MOTION to include approval of the benefit
package for the month of March and C/M Stein as the SECOND agreed.
Y-QTE:
ALL VOTED AYE
8. Bi9waid League of Cities Business - Discussion and possible
action.
9. Northwest Council gf Mayors_ Business - Discussion and possible
action.
SYNOD IE:OF ACTION:
Mayor Kravitz gave reports.
Mayor Kravitz said at the request of the Northwest Council of
Mayors, he has written to the Broward League of Cities to appear
before their Board and he has received a letter confirming this.
He said this is in reference to the Broward Sheriff's Office and a
Resolution that was passed by the Council of Mayors asking that
the Sheriff does not patrol Tamarac's streets. He said to date,
the Sheriff's men have not left Tamarac.
Mayor Kravitz said when that is completed he will have a report
for Council concerning their action.
LEGAL AFFAIRS
16. Sale of Confiscated uto Parts - Discussion and possible
_ �
action to authorize informal bidding procedures for the
disposal of surplus auto parts which were evidence in a
criminal case and were awarded to the City by the court.
SYNOPSIS OF ACTION: Authorization
was given for the Police Department
and the Purchasing Department,
under the supervision of the City Manager,
to dispose of a car kit for not less than
$2,000.00 and this money will go into the
General Fund.
Mr. Henning said Council has a hand-written order on the
Robert Taylor/Martinique Case which was a criminal case at the
Courthouse of grand theft, insurance fraud and false report.
29
2/26/86
/pm
Mr. Henning said the defendant was placed on probation and ordered
to pay a fine and community service and, in addition, the evidence
involved was forfeited to the City. He said this is not the
typical civil forfeiture case but was a penalty for the defendant.
Mr. Henning said Lt. Stuurmans has stated that this is an un-
assembled car kit with many car parts but a limited market for
sale. He said the two parts to this item are to waive the formal
bidding procedure and authorize staff to have informal bids and
the question of where the money goes after the sale. He said the
Police Department is requesting that this go into the Special Law
Enforcement Fund, which would go to equipment for the Police
Department.
V/M Massaro MOVED that the Police Department and Purchasing
Department, under the supervision of the City Manager, be author-
ized to dispose of the surplus car kit, 1929 Mercedes Gazelle
replica, for not less than $2,000.00. SECONDED by
C/M Gottesman.
YQTE: ALL VOTED AYE
V/M Massaro MOVED that the money from this sale should go into the
General Fund, SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES
13. Utilities West - Two Separate and Distinct_Qper.ations
d MaintenAnce Buildings (Project 85-20 -- Discussion and
possible action to approve a contract with Daniel E. Adache &
Associates/Russell & Axon, Inc., for engineering and archi-
tectural services.
SYNOPSIS F ACTION: (See Pages 11, 12 & 27)
TABLED at the request of the
City Attorney.
Mr. Henning suggested this item be TABLED to the 3/12/86 Council
meeting and V/M Massaro so MOVED, SECONDED by C/M Munitz.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
19. T affic n neerin tud - Temp. Reso,_ 3010.1 - Discussion and
possible action to accept the Future Traffic Needs and Funding
Study performed by Kimley-Horn and Associates, Inc.
(tabled from 11/27/85)
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86-65 PASSED.
[I-,
Mr. Henning read Temp. so #3 01 by title.
V/M Massaro MOVED APPROVAL of TemP. R so #3901 since the City has
been using this Study. SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
V/M Massaro noted that the Finance Director should be instructed
to check this and make sure that this bill has been paid in full.
30
2/26/86
/pm �.
I
V/M Massaro said if not, the balance should be presented to
Council. Mr. Henning said there is an outstanding balance of
approximately $3,457.00. V/M Massaro said this should be checked
properly and put on the next regular meeting agenda.
20. Miller & Meier Associates - Discussion and possible action
regarding outstanding invoices for the Municipal Complex
(tabled from 9/11/85)
SYNOPSIS OF ACTION: C/M Gottesman
was authorized to meet with the
necessary staff and Miller & Meier
to negotiate a settlement and bring
it back to Council.
C/M Gottesman said he has had several meetings with City staff and
Alan Ruf, Consultant City Attorney, concerning the best way to
proceed on this item. He said one alternative is to try to
collect some money from Miller & Meier and a second alternative
would be to arrive at a point where the contract could be can-
celled.
C/M Gottesman said Mr. Ruf suggested he meet with Miller & Meier
to set up some guidelines for proceeding. He said he is seeking
to have the City's Legal Department contact Miller & Meier to
arrange for a meeting. Mr. Henning said C/M Gottesman is
requesting authorization to meet with City staff and
representatives of Miller & Meier to negotiate a settlement and
bring that back to Council for consideration.
C/M Stein asked how much the City has paid Miller & Meier to date
and Mr. Henning said approximately over $300,000.00.
C/M Gottesman MOVED that Council authorize him and the necessary
City staff to arrange for a meeting with Miller & Meier to negoti-
ate a settlement for Council's consideration, hopefully, by the
3/12/86 Council meeting. SECONDED by C/M Stein.
VOTE•
ALL VOTED AYE
21. Professional Services - Discussion and possible action on
outstanding invoices received from Muller, Mintz, Kornreich,
Caldwell, Casey, Crosland & Bramnick, P.A., for non -pension
related services.
SYNOPSIS OF ACTION: TABLED
to the 3/12/86 Council meeting.
Mr. Henning said there was an outstanding bill from 9/4/85 in the
amount of $435.37 and he requested authorization for payment.
V/M Massaro asked if this was checked out properly and Mr. Henning
sug-Bested this be Tabled to the next meeting.
V/M Massaro MOVED to TABLE this item to the 3/12/86 Council
meeting for positive backup, SECONDED by C/M Stein.
VOTE:
ALL YOTED AYE
22. ESM Litigation - Discussion and possible action on payment of
the latest invoice from Morgan, Lewis & Bockius.
SYNOPSIS OF ACTION: TABLED.
31
2/26/86
/pm
Mr. Henning said the City has been trying to pay the bills for the
public body group and the latest bill received for the Accountants
for the public body group totals $7,586.95. He said the interim
bill for services from Morgan, Lewis & Bockius, which was present-
ed to Council at the last meeting when Morris Brown made his
presentation, was a request for a payment on the account of
$33,000.00 plus costs for a total of $42,362.88. He said these
totals are from the 2/12/86 statement from Morgan, Lewis & Bockius
for services rendered through the end of January, 1986.
Mr. Henning said Mr. Brown is aware of the City's budget and they
agreed there would not be payments made in excess of the budgeted
dollars unless there was a satisfactory settlement prior to
10/1/86.
C/M Stein asked if they were not paid at the last meeting and
Mr. Henning said they were paid approximately $80,000.00, through
December 1st. He said this bill is through December and January.
C/M Stein MOVED to TABLE this item.
V/M Massaro suggested someone check with the other cities in this
public body group to determine what bills they are paying as well.
Mr. Henning said all of the cities are suing Alexander Grant
besides the Bradford case and the bankruptcy action. He said the
whole purpose of this public body group, and the fact that Tamarac
only pays 8.3% of the bills of the public body group, is the way
the resources are being pooled. Mr. Henning said they will check
these figures for Council.
C/M Stein said they tried to handle this differently originally
but the attorneys said it would be a conflict of interest to use
the same attorney. He said the majority of the large amounts
should have been expended because they went to the bankruptcy
portion of the litigation. He said the biggest chance the City
has of receiving a large sum as a settlement comes from the 8.3%
that is being paid because that will cost the least amount.
V/M Massaro said the City should have all the bills every month
and they should be completely up-to-date.
C/M Gotteman SECONDED the MOTION.
VOTE: ALL VOTED AYE
COMMUNITY DE EL PMENT
28. Take Colony (Brookwood Gardens) - Discussion and possible
action on:
a) Model sales facility - Units 30 - 32
b) Waiver of the 300-foot distance requirement for issuance of
certificates of occupancy
SYNOPSIS OF ACTION: TABLED
for waivers and proper information
from the Chief Building Official.
C/M Stein noted that the Chief Building Official was directed to
prepare forms for the waivers for distance requirements.
32
2/26/86
/pm
Tape 7
Thelma Brown, City Planner, said to date all this file contains is
a copy of the check in the amount of $300.00 for renewal of the
permit and the new form has not been received. She said they have
also not received the request for the waiver letter.
C/M Gottesman MOVED to TABLE this item for proper information from
the Chief Building Official, SECONDED by C/M Munitz.
VOTE:
ALL VOTED_ AYE
3.1. Tamarac Tojin Square - Warranty Bond -- _Temp,_ Reso.
4 14 - Discussion and possible action to call a warranty bond
posted for public improvements.
SYNOPSIS.OF_ACTION: REMOVED
from the agenda as an extension
was received.
Mr. Henning read Temp. Reso.*_ 4014 by title.
V/M Massaro said Council has received a letter stating that this
item can be REMOVED from the agenda because there is a Continua-
tion Certificate for the Bond to 3/1/87 in the amount of
$38,958.75.
V/M,Massaro MOVED to REMOVE this item from the agenda, SECONDED by
C/M Gottesman.
VOTE_: ALL VOTED AYE
32. Bglfort - Phase III - Discussion and possible action on a
Water and Sewer Developers Agreement.
SYNOP IS_OF ACTION: TABLED
for more information. Verification
is needed that Lennar paid Marmon
for the connections.
Mr. Henning said the $750.00 Engineering Review Fee and the amount
of $71,264.00 is for CIACs. He said he has reviewed this agree
ment.and recommends approval. V/M Massaro asked if the Marmon
Agreement was checked and whether a receipt was received from
Marmon for that money. Mr. Henning said the City has the letter
of the initial 3600 connections that were purchased by Lennar.
Mr. Henning said the acknowledgment is for 200 units and V/M
Massaro said the City needs an acknowledgment from Marmon that
they have received the money from Lennar for these units before
the City can give credit for it.
Mr. Henning said the letter indicates that Lennar has paid for the
full. 3600 connections and they indicate that there is an acknow-
ledgment for 200 connections. V/M Massaro said this should be
checked further.
C/M Gottesman MOVED to TABLE this item until there is more
information. SECONDED by C/M Stein.
"9514A
ALL VOTED AYE
V/M Massaro said if they need connections, there should be a
Special Council meeting called.
33
2/26/86
/pm
j /
REPORTS
34. City Manager Report - No report.
35. City Attorney Report -
Mr. Henning reported on the Tupper Case vs. Tamarac, which was a
false arrest case and was settled in favor of the City. He said
the Saito Case vs. Tamarac was also for false arrest and civil
rights in Federal Court. He said the same firm defended the City
and there was a private firm monitoring the case on behalf of the
City staff individually and, in that case, the Mayor,
Laura Stuurmans, as the former City Manager, and the City was
named as the entity and those three parties were dismissed. He
said the verdict was in favor of the City, the City Manager and
the Mayor.
Mr. Henning said the two police officers and the Police Chief were
also named and compensatory damages of $15,000.00 was found by the
jury against the two police officers. He said as employees of the
City, under the insurance, if an appeal is sustained and post
trial motions, the insurance would cover the $15,000.00 compensa-
tory damages charged against the two police officers and the
Police Chief. He said there are punative damages in the amount of
$30,000.00 against the Police Chief and $10,000.00 against each of
the police officers for a total of $50,000.00 and the attorneys
are filing motions on their behalf attempting to set aside the
charges for punative damages.
Mr. Henning said there will be a revised Litigation Report given
to Council as soon as possible.
Mr. Henning said he submitted his resignation to Council effective
3/17/86 and he will bring Alan Ruf up-to-date on current City
business.
33. CityCounci,l__ReRorts -
C/M Stein - No report.
C/M Munitz asked if the ad for a City Attorney has been placed in
the newspaper and Mr. Perretti said yes.
C/M Gottesman - No report.
V/M Massaro said she would like more information regarding the
cases that are being handled by Chris Carsky. She asked if any of
the cases she is handling have been resolved and Mr. Henning said
yes and he will get Council a report on that.
Mayor Kravitz said the meeting scheduled to discuss busing
problems has been cancelled and will be rescheduled at a later
date.
C/M Gottesman said Morris Haber, Chairman of the Charter Board,
had stated that he received a copy of an Injunction regarding an
item on the ballot for 3/11/86 and Mr. Henning said the Mayor gave
him copies of a Notice of a Request for an Injunction. He said it
was an Injunction by Peter Prior of the Fire Department against
the City and against Jane Carroll, Supervisor of Elections. He
said this was attempting to enjoin the Ballot on two questions
regarding the Pension Plan.
34
2/26/86
/pm
Mr. Henning said there are Amendments to the Ballot which
Mr. Prior felt would encompass the Florida Statutes regarding
investments to the Pension Plan.
V/M Massaro noted that Mr. Henning should bring Mr. Ruf up to date
on current City business.
Mayor Kravitz adjourned the meeting at 3:30 P.M.
MAYOR
ATTEST:
CITY CLERR- - -.
This public document was promulgated at a cost of $181.21 or
$5.03 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.
CITY OF TAMARAC
A DROVED AT MEETING OF
City "^,!eA
35
2/26/86
/pm