HomeMy WebLinkAbout1980-02-29 - City Commission Regular Meeting MinutesCITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
FEBRUARY 29, 1980
(Reconvened from Feb. 27, 1980)
CALL TO ORDER: Mayor Falck called the Reconvened City Council Meeting to
order on Friday, February 29, 1980, at 9:30 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Harry Wiener
Councilwoman Marjorie Kelch
ALSO PRESENT:
TAMARAC UTILITIES - WEST
City Manager, Edward A. Gross
City Attorney, Arthur M. Birken
Ass't. City Clerk, Carol Evans
1. Status Report - Operations - Discussion and possible action.
2. Report on Moratorium - Discussion and possible action.
4. Develo ers' A reements for Water and Sewer Connections - Discussion and
possible action.
SYNOPSIS OF ACTION: Sewer moratorium to be lifted
within 15 days, after inter -connection with Broward County;
with a maximum 30-day completion period.
Mr. Birken requested to speak on a number of inter -related items. He
indicated that a request was made of him on Wednesday, 2/27/80, which
pertained to Regulations and Developers' Agreement, and involved dis-
cussions with developers and attorneys, as to minor changes or clarifi-
cations. He felt this could be accomplished by him during the weekend.
He also requested that action not be taken, on the Regulations, because
the moratorium would not be lifted within the next few days. The pro-
posed language, he said, would be for a motion that the sewer moratorium
is to be lifted by the City of Tamarac within 15 days after the comple-
tion of the inter -connection with Broward County. Also, he said, a
contract has been authorized for the inter -connection, with a maximum
30 day completion period.
The City Attorney said that action could be deferred by Council, on the
other items pertaining to the Regulations and Developers' Agreements,
until next week, when changes and additional commitments are received
from developers, in order to post the monies required for the improve-
ment of the system. He felt that either this meeting could be recessed
or a Special Meeting could be held.
V/M Massaro indicated that Items #1 through #4 should be covered with
this proposed motion, as noted by the City Attorney. She also assumed
that the Developers' Agreement submitted by Montwood Corporation this
morning, would be subject to changes.
Mr. Fred Tiballi said that he has the checks, but after discussion with
the City Attorney, it was determined that the Developers' Agreements
should be redone first. It was his understanding that the changes would
involve form and clarification. He further stated that they were pre-
pared to go ahead on the one submitted, but will submit the checks when-
ever the City is ready. Mr. Tiballi indicated the following ERC's,
which would be by tracts; Tract 58 -- 83 ERC's
Tract 49 -- 63 Units + 1 for the Rec. Complex,
which was approved by Mr.Keating.
Tract 57 - 70 ERC's (partial number, because
it will total 118 units)
Tract 60 - 84 Units
Tract 70 -- 47 Units
Tract 72B - 36 Units
Mr. Tiballi anticipated that within the next few days, or after the
lifting of the moratorium, they would be in a position to buy an addi-
tiozial 300 or more connections.
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V/M Massaro said they were eager to help the developers, in order for
them to move forward, indicating that the Developers' Agreements would
be in the amount of $358.00;but any project outside of Land Sections
4,5 and 6, would be $900.00. She MOVED that the proposed motion from the
City Attorney, be adopted, namely the sewer moratorium is to be lifted
by the City of Tamarac within 15 days, after the completion of the inter-
connection with Broward County;also, authorizing a contract with a maxi-
mum 30 day completion period. C/W Kelch SECONDED the motion.
V/M Massaro said there was an amount of water up to 1000 ERC's, and felt
that monies would be coming into the City, by Developers' Agreements,
to enable work to be commenced, for the water which was proposed by the
City Engineer and Consulting Engineer.
C/M Disraelly said that the time element for bringing the well -fields
into fruition, was within this time frame, to which Mr. Gross responded
that one well would bring in approximately 1800 units.
VOTE: ALL VOTED AYE.
5. Discussion and possible action on payment due Marmon Corp. under adjust-
ments at closing for Tamarac Utilities.
SYNOPSIS OF ACTIO14: Payment Approved ,but recalled later.
V/M Massaro said that an agreement was instituted at the time of closing,
for adjustments to be reimbursed.
Mr. Ruf advised of a meeting with the representatives of Marmon, and
distributed copies of a report to Mayor and Council, on 2/21/80, as to
the closing statement, which included an adjustment due to Marmon Corp.
in the amount of $21,299.00. This, he said, was followed by a memo from
Bob Hoyt to Ed Gross, indicating the allocations of the funds within the
various utility accounts. Mr. Ruf indicated there was money existing in
the Utility West Operating Reserve Fund. He further added that the
second page of Mr. Hoyt's memorandum indicates that the over -credit of
$55,513.00, which was taken by the City for personal property taxes,
did not arrive at that figure. He also said there were miscalculations
on customer deposits, accrued interest, accounts receivable and unbilled
accounts; all of which were to the benefit of the City, with the net
amount being due to be returned to Marmon; which was available.
V/M Massaro said there was a moral obligation involved, and the figures
were determined previously. She stated that the money was due and
agreed upon, at the time that Mr. Gluth came in from Chicago. At that
time, she said, the Attorneys for the City felt that additional time was
required for such review, to insure accuracy.
V/M Massaro MOVED for the approval of the payment of $21,299.00 to
Tamarac Utilities, Inc., with the money to be taken from the Cash Revenue
Account #425-10-1000, and C/M Disraelly SECONDED.
Mr. Ruf said there were some outstanding items relating to easements,
but as far as monies, he felt that Council's motion was adequate.
Mayor Falck asked whether Mr. Ruf addressed himself to a finance charge,
which would amount to $900.00, that the insurance agent was attempting
to collect. He additionally stated that the contract was signed by
Tamarac Utilities on July.lst, 1979, and did not want the City to pay
this charge.
Mr. Ruf responded that the City Attorney's office has taken the position
to not be responsible for this finance charge, but, also, has never seen
correspondence indicating such a demand of the City. He also stated that
the corporation represented by Mr. Gluth and Mr. Tralins have been fair
and honorable in their method of handling the outstanding obligations.
Mr. Gross said there were sewer maps which were to be received by the
City, prior to the payment of the check.
V/M Massaro said that easements were still due, and recommended that
Mr. Gross and Mr. Birken should speak to Mr. Gluth, because she received
a phone call which related to the outfall pipe for the canal easement,
which was ready. She also said that the $900.00 could be held -up if
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these maps are not presented, which information should be obtained
before the meeting is concluded.
V/M Massaro said that she would WITHDRAW HER MOTION until answers have
been determined, and C/M Disraelly WITHDREW HIS SECOND.
Mayor Falck advised that the motion would be reinstituted when a res-
ponse has been submitted, with clarification of the aforementioned
questions.
12. Comprehensive Regulations - Tamarac Utilities - West - Temp. Ord. #726 -
Relating to rates, service, new development, etc. Discussion and pos-
sible action - Second Reading.
SYNOPSIS OF ACTION: Tabled to 3/6/80
V/M Massaro said this item has to be tabled, plus Items #1, #2 and #4,
to a recessed meeting, which would be established by Mayor Falck. She
then MOVED that Items #1,#2,#4 & #12,be tabled to a recessed meeting,
and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
REPORTS
32. City Council
C/W Kelch said that the slurry seal report was in the process of being
prepared, which will eventually be copied, with comments from the City
Manager.
C/M Disraelly advised that the census information was being printed
on the back of the utility bills, and the first group would be out on
Monday, March 3rd. He also noted that the total printing of two -months
supply of bills amounted to approximately less than $200, for a total
of 24,000. He said that arrangements were made to have the Paper Mill
print them individually, with a cost of $45 for the first 3,000, with
a charge of $22.50 for the additional 3,000.
He also indicated that the new Sludge Tank was purchased for the Utility,
which was 6.5.00 gallons, and would be in operation on Monday, March 3rd.
C/M Disraelly indicated that a copy was submitted to Council, which re-
lated to the design of new parks, namely the Tamarac Park which was de-
signed by the children. This credit came from the Broward County School
Board, he said.
C/M Disraelly inquired whether refunds were being prepared on the Utility,
to which the Vice -Mayor said that a decision still has to be made on
an adjustment in the Woodlands. She said that a promise was made to dis-
cuss this with the people, which moral obligation has to be kept. The
Vice -Mayor said the refund might change, and was premature at this time,.
for such designation.
C/M Disraelly said that the people were promised that upon the sale of
the bonds, refund checks would be mailed. He felt that recomputations
should be done, and suggested that a workshop be held, based on the
Woodlands, and did feel that it was a number one obligation.
C/W Kelch was also distressed to hear that the refund checks were not
being calculated.
Mr. Gross said that a plan has been established for the operation, which
would be done by hand, and would be paid out 90 days after receipt. He
also said that the period of time involved was to be substantial, but
said that the figures have not yet been established for each resident.
V/M Massaro said that moral obligations included everyone, and felt this
was not a "top priority", because there was no sight of selling these
bonds, because they may have to be sold to the Marmon group. She also
felt there was no rush, because the Woodlands area has to be determined,
and then the Finance Department has to ascertain if the monies are avail-
able at that time.
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V/M Massaro said that she spoke to Mr. Gross as to particular areas
giving problems in the future; such as Commercial Boulevard being crossed
with lines, and the compaction is not being done properly. She said
that at one time the engineer on the project assured her that inspectors
were watching the compaction. The Vice --Mayor said the compaction was
accomplished, and there are problems.
Mr. Gross said the only compaction completed was from the Turnpike to
64th, and the present one was from Rock Island to 62nd.
V/M Massaro said that area,61st Street to 88th Avenue has to have two
inches above the existing high -points installed, because it involved bad
compaction. She felt that someone should be put on written notice, as
to responsibility for such problems, on completion of the road.
33. City Manager
Mr. Gross said that he sent a memo to Mayor and Council, relating to
a gasoline study in West Broward and Tamarac, because of numerous calls
from citizens as to the lack of gas and the lengthy lines at the stations.
34. City Attorney
Mr. Birken said that he called Chicago, and found that Mr. Gluth and
Mr. Tralins were both not in the office. He indicated that Mr. Gluth
has been honorable, and that action should be taken at this time.
32. City Council
Tape Mayor Falck announced that the industrial development which was proposed
Side on the continuation of 64th Avenue, was presented to the Planning Council
#2 on Thursday, 2/28/80. He commended the people from the Bermuda Club,
who participated in the discussion, and enumerated the inadvisability
of such construction. The P4ayor also stated that people from the
Courtyards appeared, and voiced their opinion; with the result that the
proposal was defeated, -unanimously.
He also said that the Planning Council was requested to take a stand
on the new proposed Veteran's Hospital for Broward County. He said the
two sites were, namely, South of the Florida Medical Center, off Oakland
Park Boulevard; and the other area was off I--95, with easy access from
Commercial Boulevard. Over the objection of Mr. Rosenberg, the Council
went on record as favoring the area adjacent to Commercial Boulevard
and I-95, because of easy access. The other area off Oakland Park
Boulevard was determined to have a congested traffic situation, he said.
Further, he stated, the final vote was nine in favor and two against the
area between Dixie Highway and 1-95, and off Commercial Boulevard. The
Mayor said that upon completion of Commercial Boulevard, and also McNab
Road, would permit better access for the residents of Tamarac to the
Veteran's Hospital.
Vice -Mayor Massaro commended the Mayor on his participation at the Plan-
ning Council, and the amount of time spent at these meetings.
Mayor Falck also said that on June 5, 1980, the North School Advisory
Board will be sponsoring a meeting which will include Governor Graham
as the official speaker.
He also noted that he attended meetings to finalize the preliminary
details, with a request by the City of Tamarac to extend the official
invitation to Governor Graham at the City Hall. Mayor Falck said the
Crystal Lago Country Club was designated for the North School Advisory
Board meeting in Deerfield Beach.
Mayor Falck added that the Pension Administrative Review Board met this
past week, and the total fund was in excess of $525,000, which exceeded
the City's projections, because of the excellent return on the invested
funds. He indicated that the Pension Plan was divided into three sec-
tions; 1) Police, 2) Fire and 3) General Employees. He said that the
Police and Fire Departments requested a session with the actuaries. In
turn, he said, the actuaries said they could spend one-half day, at a
cost of $600.00.
The Board, he said, agreed to have a panel session, and invite employees
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to bring specific questions to the panel. It would commence, he said,
at 4:30 P.M. and continue to 5:30 P.M., which would permit employees
adequate time for participation, with a question and answer session.
The Mayor said that at the request of Robin Carpenter and Judy Deutsch
a series of items would be imprinted in the Newsletter, which related
to the Pension Plan. Also, Ms. Carpenter has agreed to rewrite the
Employees Manual on the Pension Plan, with him.
COMMUNITY DEVELOPMENT
28. Woodmont - Tract 49 - Discussion and possible action on:
SYNOPSIS OF ACTION: Tabled to 3/6/80
c) Developers' Agreement -
Mr. Birken felt this should be discussed next week, because it
is necessary to be revised.
C/M Disraelly MOVED that the Developers' Agreement for Tract 49
be tabled, and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
5. Discussion and possible action on payment due Marmon Corp. under adjust-
ments at closing for Tamarac Utilities.
SYNOPSIS OF ACTION: Payment approved
C/M Disraelly MOVED for the approval of the payment of $21,299.00,to
Tamarac Utilities, as an adjustment to closing the monies from the Cash
Revenue Account #425-10-1000, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED TO THURSDAY, MARCH 6, 1980, AT 2:00 P.M.
!1AYOR
ATTEST:
TY CLERK _=
This public document was promulgated at a cost of $ q? / or
$ 6,r3 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.
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