HomeMy WebLinkAbout1985-04-10 - City Commission Regular Meeting MinutesraM
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, APRIL 10, 1985
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will, entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
BOARDS AND COMMITTEES
1. Law Advisory Committee - Temp. Ord. #1184 - Discussion and
possible action to repeal Section 2-45 (formerly Section 2-30)
of the Code (Ordinance 84-31) entitled "Law Advisory Com-
mittee". First Reading.
2. Planning Commission - Temp. Reso. #3588 - Discussion and pos-
sible action to appoint 2 regular members and 3 alternate
members to this committee.
3. Board of Consumer Affairs - Temp. Reso. #3589 -- Discussion
and possible action to appoint twelve members to this board.
4. Announcement of expiration of the terms of office for
positions on the following boards and committees:
Beautification Committee 8
positions
5/11/85
Public Information Committee 13
positions
5/11/85
City Photographer 1
position
5/11/85
Board of Social Services 11
positions
5/11/85
Recreation Board 14
positions
5/11/85
Fishing Commissioner 2
positions
5/11/85
Parks Commissioner 1
position
5/11/85
Welcoming Committee 12
positions
5/11/85
Commissioner of Human Relations 1
position
- -- - -
Burglar Alarm Committee 5
positions
5/11/85
Veterans Affairs Committee 9
positions
5/11/85
Investment Advisory Committee 5
positions
- -- -w -
If anyone is interested in serving
on any of
the above
committees or boards, please contact
the City
Clerk's office
for an application. If existing board
and committee
members
desire to be considered for reappointment,
please
indicate
this by memo to the Mayor's office;
however,
members will
continue to serve until appointments
are made
by Council.
4/10/85 pg 28
APPROVED - 1st
reading.
4/10/85 pg 28,
29.APPRVD.appt
ing E. Beutner
k C . Alper as re,
nem. to exp . 4/ 15,
17 & J.Leibowit
�. Rappeport &
T. Suiter as al
nem to exp 4/ 15,
36.
/ lu/ oD pg ZV
PPRVD .
lu/ O7 pg Z
nounc.made by
yor Kravitz
PAGE TWO
4/10/85
CONSENT AGENDA 85 pg 5-
7. APPROVED
5. Items listed under Item #5, Consent Agenda, are viewed to be items a) thru
routine and the recommendation will be enacted by one motion g), a) and k)
in the form listed below. If discussion is desired, then the h)REMOVED &
item(s) will be removed from the Consent Agenda and will be TART.F.-P for rp
considered separately. i) REMOVED &
TABLED for rp
a) Minutes of 3/6/85 - Special Meeting - Approval recommended from Cody &
by City Clerk. Assoc.1)REMOV]
& TABLED to
b) Minutes of 3/8/85 - Special Meeting - Approval recommended 4/24/85 mtg
by City Clerk. for proper
processin
c) Minutes of 3/19/85 -- Special Meeting - Approval recommend- invoices.
ed by City Clerk. 4/24/85-
pg.
-7atru1)
d) Minutes of 3/20/85 - Special Meeting - Approval recommend- APPROVED.
ed by City Clerk. m) REMOVED &
TABLED to the
e) Alan F. Ruf - Consulting City Attorney - 4/3/85 - 4/24/85 Counci
$1,452.00 - Approval recommended by City Attorney. Mtg. for prop(
processing of
f) Richard S. Rubin, AIA - Consulting City Planner - Services invoices.
for March, 1985 - $4,177.50 -- Approval recommended by City 4/24/85 pg. 4-
Manager. 7. m APPROVED
w/exception of
g) Mitchell Ceasar, P.A. - Consulting Services for University 8 which was
Drive Widening Project - March and April, 1985 - $2,000.00 REMOVED &
Approval recommended by City Manager. APPROVED
changing amt.
h) James M. Montgomery, Consulting Engineers, Inc. - Services from $4,940.2.
in connection with a rate study for TUW - 12/30/84 to to $3,991.65.
1/26/85 - $6,580.00 - Approval recommended by City Eng-
ineer/Utilities Director (tabled from 3/27/85)
i) Cody & Associates, Inc. - Management Efficiency Study -
3/6/85 - $3,500.00 - Approval recommended by City Manager
and Personnel Director (tabled from 3/27/85)
j) 201 Plan - Approval to pay the debt service on Tamarac's
portion of the Large User Agreement with Broward County
in the amount of $541,788.95 for 2.41 mgd at the Northwest
Regional County Wastewater Facility.
k) Acceptance of resignation of Gerald Adler, Insurance
Consultant.
1) Approval to pay the following invoices from CH2M Hill as
recommended by the City Engineer/Utilities Director:
1) Invoice 02-407 - 2/12/85 - $42,372.10 - Deep Injection
Well/201 Update (Project 84-2)
2) Invoice 03-440 - 3/15/85 - $65,247.78 - Deep Injection
Wel1/201 Update/Grant Application (Project 84-2)
3) Invoice 01-445 - 1/15/85 - $27,216.45 - Deep Injection
Well (Project 84-2)
4) Invoice 02-406 - 2/12/85 - $4,500.00 - Wastewater
Treatment Plant Relocation Study (Project 85-1)
m) Williams, Hatfield & Stoner, Inc. --Approval to pay the
following invoices:
1- Project 1113-0 - Statement 90 - $ 3,000.00 - Municipal Consulting
2- Project 1710-0 - Statement 50 - 17270.25 - Water and Sewage
3- Project 1710-17- Statement 1 - 6,927.45 - Sod Farm Permit
4- Project 1710--18- Statement 2 - 111.00 - DER Temp. Operating
Permit
5- Project 1710-18- Statement 3 - 338.50 - DER Temp. Operating
Permit
PAGE
THREE
4/10/85
6- Project 1710-18 - Statement 4 - $ 1,072.20 - DER Temp. Operating
Permit
7- Project 1710-19 - Statement 1 - 3,012.75 - TUW Wells 12 and 13
8- Project 1710-19 - Statement 2 - 4,940.25 - TUW Wells 12 and 13
g_ Project 1710-20 - Statement 1 - 1,048.00 - Tamarac Park Parking
Lot
10-- Project 1710-21 - Statement 1 - 1,107.55 - Tamarac Park Parking
Lot
11- Project 2080-0 -- Statement 5 - 48.50 - Misc. -- City Attorney
12- Project 2088-0 - Statement 6 - 11,967.97 - Spray Irrigation/201
13- Project 2207--0 - Statement 1 - 760.75 - Misc. Plat Review
14- Project 2214-01 -- Statement 2 - 2,949.00 - Sludge Dewatering &
Composting
15- Project 2214-02 - Statement 2 2,326.10 - Transmission Facility
Grant
16_ Project 2214-03 - Statement 2 - 2,066.43 - Tamarac Lakes
Gravity Sewer
17_ Project 2214-04 - Statement 2 - 3,906.50 - Transmission Facility
Grant
TAMARAC UTILITIES WEST
6.
Water Wells No. 12 and 13 (Project 84-14) - Discussion and
possible action to approve an Agreement with Williams,
Hatfield & Stoner, Inc., for services in connection with
construction of two drinking water wells for Utilities
4/10/85 pg 10
APPROVED contz
submitted by
WHS for $6,399
(not to exceec
West.
4/10/85 pg 11,12
T.Nolan of WHS
7.
Turnpike Force Main Crossing (Project 84--6) - Presentation
gave rpt.&�recom
by Anthony A. Nolan, of Williams, Hatfield & Stoner, Inc.,
the grant be rej
recommending that the City reject a potential grant for
this project.
because of cost
& time factors
8.
Sod Farm Monitoring Wells (Project 85-9) - Discussion and
invvlv.He was
auth.to notify
possible action to approve Change Order #1 to Bid #85-5
ppprop.people
increasing the contract from $3,400.00 to $4,000.00 pur-
suant to Florida Department of Environmental Regulation
requirements.
that City is not
interested.
4/10/85 pg 15,16
APPROVED
9.
Bid Award -- Temp. Reso. #3593 - Discussion and possible
4/10/85 pg 16.
action to award a bid for a field balancingset and
APPRVD to Bruehl
vibration analyzer for Utilities West.
& Kjaer Instrum.
for $12,847.00.
10.
Fluoridation of Water System (Project 85-10) - Discussion
4/10/85 pg 26.
and possible action on:
TABLED to future
a) Report by City Engineer/Utilities Director
wkshp meeting.
b) Authorization for fluoridation in order to apply for
State grant funds by Temp. Reso. #3592
c) Approval of TAsk Authorization to James M. Montgomery,
Consulting Engineers, Inc., in an amount not to exceed
$6,300.00 for design, construction services, permits
and related work.
GENERAL
ADMINISTRATIVE/FINANCIAL
11.
Summer Recreation Program - Temp. Reso. #3590 - Discussion
4/10/85 pg 26
and possible action to approve the fee schedule for enroll--
TABLED for Spec.
ment in the 1985 Summer Recreation Youth Program.
Mtg when proper
backup is pre-
12.
Tamarac Wildlife Preserve -- Temp. Reso. #3591 - Discussion
and possible action to authorize execution of an Amendment
to a Development Agreement with Florida Department of
sented.
4/10/85 pg 17,18
APPRVD substitut
Natural Resources.
for Sec.2, the
parag. as stip.
13.
-'
Charter Board - Discussion and possible action on:
a) Request for a full-time secretarial position
b) Necessary budget transfer
in Fin.Dir.memo
of 4/9/85.
4/10/85 pg 37,38
APPROVED a)&b)
14.
Fiscal Year 1983/84 Audit
- Discussion and possible action
regarding submittal of a
Management
Letter to the
City by
Touche Ross & Co.
15.
Quarterly Reimbursements
for Medicare - Discussion
and
possible action.
16.
Future City Investments -
Discussion
and possible
action
regarding future investment
of funds
by the City.
17.
Broward League of Cities
Business -
Discussion and
possible
action.
PUBLIC HEARINGS - 2:00 P.M.
18. Public Soliciting - Temp. Ord. #1182 - Discussion and pos-
sible action to repeal Chapter 22 of the Code and create a
new Chapter 22 entitled "Public Selling, Hawking, Solicit-
ing, Peddling and Canvassing on Public Roadways and
Thoroughfares". Second Reading.
19.
Mano/Bal, Inc. d/b/a Surf & Turf Restaurant - Special Exce
tion Petition #9-2-85 - Temp. Reso. #3594 - Discussion and
possible action to grant a special exception to permit on -
premises consumption of beer and wine at Surf & Turf Rest-
aurant at 5435 N. State Road 7 in Lakeside Plaza, which is
zoned B-2 (Planned Business District)
20. Charter Review Committee - Temp. Ord. #1181 - Discussion
and possible action torepealSection 2-41 of the Code
(Ordinance 84-65) which created this committee. Second
Reading.
11'ct 'nec.Mgmt
Ltr not rec'd fro
Touche Ross & Co.
Mtg. sched.for 4/11
in C/M off.
10/85 pg 40,41
mp.Reso.#3601
;.by Cons.&APPRV�
further pmts
.g.1985.
10/85 see C/A Z
-25, 43 54
'10/85 pg 17,18
yor Kravitz gave
Pt. --
ii/10/85 pg 31
ABLED to future
t2. Pub.Hear.held
/10/85 pg 32,33.
- PPRVD w/ oper. as
tip. in Code &
ic.non-trans.expt
y Council approva
'ub.Hear.held.
21. Investment Advisory Committee -- Temp. Ord. #1178 - Dis-
cussion and possible action to create Section 2--44 of the
Code establishing this committee. Second Reading.
22. Tamarac Utilities East - Grant Revenues - Temp. Ord. #1183 -
Discussion and possible action to^ -create Section 27-36.1 of
the Code pertaining to State of Florida Wastewater Grant
Revenue Generation System Requirements. Second Reading.
23. Tamarac Utilities East - Temp. Reso. #3587 - Discussion and
possible action to modify certain water and sewer service
rates and charges applicable to customers east of State
Road 7.
LEGAL AFFAIRS
24. Larry Bender - Discussion and possible action on a request
by Larry Bender for reimbursement of attorney's fees billed
to him by Louis H. Schiff, Esq.
25. City Council Legislative Aides - Temp. Ord. #1185 - Dis-
cussion and possible action to repeal Section 2-11.3 of the
Code (Ordinance 84-8) entitled "Legislative Aides". First
Reading.
/10/85 pg 33
PPROVED 2nd read.
ub.Hear. held.
10/85 pg 33,34
PROVED 2nd read
b. Hear. held.
/10/85 pg 34-36
PPROVED 2nd read
ub. Hear. held.
/10/85 pg 36,37
PPROVED. Pub.
earine held.
4/10/85 pg 29,30
APPROVED paymt
of Mr. Bender's
Atty fees $2,7111
4/10/85 pg 30,31
APPROVED 1st read
4/10/35 ps 42
26. Water Shortage Plan -- Temp. Ord. #1193 - Discussion and pos-TABLED for furthe
sible action to adopt the rules of the South Florida Water review.
Management District, Chapter 40 E-21, Water Shortage Plan
dated December, 1984 (as may be amended). First Reading. 0
27.
PAGE FIVE
4/10/85
A 1 1 Service Refuse (Io. - Commercial Garbage Collection
Franchise - Temp. Ord. #1187 - Discussion and possible actio
to renew this franchise for one year. First Reading.
28. Browning Ferris Industries of Florida, Inc. - Commercial
Garbage Collection Franchise --Temp. Ord. #1188 - Discussion
and possible action to renew this franchise for one year.
First Reading.
29. County Waste, Inc. - Commercial Garbage Collection Franchise
Temp. Ord. #1189 - Discussion and possible action to renew
this franchsie for one year. First Reading.
30. Industrial_ Waste Services, Inc. - Commercial Garbage
Collection Franchise - Temp. _Ord._#1190 - Discussion and
possible action to renew this franchise for one year. First
Reading.
4/10/85 pg 8
APPROVED 1st
reading
4/10/85 pg 8
APPROVED lst
reading
/10/85 pg 8
PPROVED 1st read)
ond.of approval
s pmt of add'1
and due.
/10/85 pg 9
PPROVED 1st read)
31.
Ronkoma Corporation - Commercial Garbage Collection Fran-
4/10/85 pg 9pp
chise -- Temp. Ord. #11gl -- Discussion and possible action to
ROVED 1st read)
renew this franchise for one year. First Reading.
Prior to Ind read)
Prior$150.to 2ndwal fee
32.
Southern Sanitation Service - Commercial Garbage Collection
must be pd.& yrly
audit rec'd.
Franchise - Temp. Ord. #1192 - Discussion and possible actio
4/10/85 9 APPR
to renew this franchise for one year. First Reading.
pg
Ist read. Add'I
COMMUNITY DEVELOPMENT
cash bond of $90C
to be posted prio
33.
Lake Colony (Brookwood Gardens) - Revised Site Plan - Temp.
to 2nd read.
4/10/85 13
Reso. #3600 -- Discussion and possible action on a revised
pg
a)Apprvd w/ cond.
site plan for canal slopes, a 6-foot fence along the north
b)Agend.by Cons.
property line and update of overall site plan.
APPRVD providing
34.
Tamarac Jewish Center - Revised Site Plan - Temp. Reso.
$1399.65 is pd by,5/1/85.
#3598 - Discussion and possible action on a revised site pla
4/10/85 pg.31
for a 2-story addition for classrooms and a youth lounge.
APPROVED
4/10/85 pg.38-40
APPROVED w/ cond.
35. Boardwalk Apartments (also known as Concord Village II) -
Revised Site Plan - Temp. Reso. #3599 - Discussion and pos-
sible action on a revised site plan reflecting revised
traffic access on NW 88 Avenue and deletion of 39 two -bedroom
units and construction of all one -bedroom units.
4/10/85 pg 1,14
36.
Berndall,_Inc. - Rezoning Petition #5-Z-85 - Temp. Ord.#1173-a)
APPROVED 2nd
Discussion and possible action to rezone lands at the north-
read. b) Agen.by
west corner of McNab Road and NW 80 Avenue from B-6 (Business
Cons. APPROVED
District) to B-1 (Neighborhood Business District) Second
subj.to executiox
Reading. (Public Hearing held 3/27/85) (tabled from 4/4/85).
37.
Kings Point Recreation Complex - Bond Release - Temp. Reso.
4/10/85 pg 14
#3595 - Discussion and possible action to release two
APPROVED
warranty bonds posted for the water and sewer systems.
4/10/85 pg 15
38.
Woodmont Tract 57 - Bond Release - Temp. Reso. #3596 - Dis-
APPROVED
cussion and possible action to release a cash bond posted to
guarantee canal bank sodding for Lot 43.
39.
Versailles Gardens - Model Sales Facility - Discussion and
4/10/85 pg 15
possible action to renew a model sales permit.
APPROVED for 6
mos. 4/22/35 -
40.
Lakeside Apartments - Warranty Bond -- Temp. Reso. #3597 -
10/22/85.
4/10/85 pg 15
Discussion and possible action on disposition of a warranty
bond posted for public improvements.
APPROVED calling
bond if ext . or
req. repairs are
not compl.by
4/19/85.Tf repair
compl.bond shoul(
be released.
PAGE SIX
4/10/85
4/10/85 pg 25
41. City Council
4/10/85 19
42. City Manager
4/10/85 pg 18-25.
43. City Attorney 43-54.
City Council may consider and act upon such other business as may
l
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.
CITY OF TAMARAC
Carol E. Barbuto
Assistant City Clerk
SPECIAL MEETING/PUBLIC HEARING
Monday, April 15, 1985 - 5:05 P.M. - City Council Chambers -
City Hall
Temp. Ord. #1179 and Temp. Ord. #1180
Following are the residential and commercial zoning districts in the City:
R-1 -
Single Family Residence
B-2 -
Planned Community Business
R-lB &
B-3
- General Business
R-lC -
One -Family Dwelling
B-5
- Limited Business District
R-2 -
Two -Family Dwelling
B-6
- Business District
RD-7 -
Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U -
Row House
I-1 -
Institutional
R-3 -
Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5 -
Residential Multi -Family
M-2
- Medium Industrial
Dwelling
A-1
- Limited Agricultural
RM-10 -
Planned Apartment
A-5
- Agricultural/Excavation
R-4A -
Planned Apartment
T-1
- Trailer Park District
R-5 -
Motel/Hotel
B-1 -
Neighborhood Business
t
C�
PAGE SEVEN
4/10/85
COMMUNITY DEVELOPMENT
4/10/85 pg 1,4
44. Woodmont Tract 56 - Temporary Model Sales Center - APPRVD the ext.
Temporary Platting Waiver - Temp. Reso.#3603 - Discussion to 6/9/85.
and possible action. (Agendized by consent)
GENERAL ADMINISTRATIVE/FINANCIAL
45. - _q w Reduction o Water Consum tlon - Request of South Florida 4/10/85 pg 1,4,5
Water Management District - Temp. Reso. #3602 - Discussion TABLED for further
and possible action. (Agendized by consent) info.from So.FI.
Water Mgmt Dist.
on the water sit.
COMMUNITY DEVELOPMENT
46. Cardinal Industries - Southgate Boulevard Vacation of 4/10/85 pg 2, 3,4
Easement - Temp. Reso.#3572 - Discussion and possible action TABLED to 4/24/85
(Agendized by consent) mtg for further
BOARDS AND COMMITTEES
47. Appointment of Commissioner of Human RElations Under
Welcomin Committee - Re p. Te —so.•if3573 - Discussion l_ _ m and
possible action. (Agendized by consent)
GENERAL ADMINISTRATIVE/FINANCIAL
48. Authorizing the City Attorney to prepare a Resolution
Objectin& to the School Board changing school boundaries -
Discussion and possible action. (Agendized by consent)
research.
14/2_4_L85 pg 4-7
1 k) APPROVED .
4/10/85 pg 2,27,
28. APPROVED appt•
ing Jack Weiner
term to exp.5/11/
86.
4/10/85 pg 27,43
TABLED to 4/15/85
mtR at 4:30 p.m.
4/15/85.._P
APPROVED
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
April 10, 1985
Tape 1 CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to
order on Wednesday, April 10, 1985, at 9:00 A.M. in the Council
Chambers.
ROLL CALL: PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
Councilman Arthur H. Gottesman
Elly F. Johnson, City Manager
Jon M. Henning, City Attorney
Carol E.Barbuto,Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION__ AND_ PLEDGE, OF ALLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
36. Bgrndall, Inc. - Rezoning_ Petition 05-Z-85 lemp. Ord,
-
#1173 - Discussion and possible action on:
a) Rezoning lands at the northwest corner of McNab Road and
NW 80 Avenue from B-6 (Business District) to B-1
(Neighborhood Business District). Second Reading. (Public
Hearing held 3/27/85) (tabled from 4/4/85)
b) Stipulation #17
SYNOPSIS OF ACTR„_ION:
b) Agendized by Consent.
(See Page 14).
V/M Massaro MOVED to Agendize by Consent, a b) portion to this
item concerning Stipulation #17, SECONDED by C/M Stein.
•a+ 960.. OMNI
44. - Temporary Model Sajer, Center-
Discussion and possible action.
SYNAPSIS,QFACTION: Agendized by Consent.
(See Page 4).
V/M Massaro said there is an extension of a platting waiver for
Woodmont Tract 56 and she MOVED that it be Agendized by Consent,
SECONDED by C/M Stein.
• • 01WIV4..
45. Reduction of -tgr Consumption ftgUggt Qf South • • _
Discussion. possible action.
Agendized by Consent.
(See Page 4).
X
1
4/10/85
/pm
V/M Massaro MOVED to Agendize by Consent, discussion and possible
action concerning voluntary reduction of water consumption,
SECONDED by C/M Stein.
46. CagdinAl Industries_ Southgate Doujrygud.Vacation of
-
Basement - Temp. Rgsg. 13572 - Discussion and possible
action.
SYNOPSIS Qk ACTION: Agendized by Consent.
(See Pages 3 & 4)..
V/M Massaro MOVED to Agendize by Consent, discussion and possible
action concerning this item, SECONDED by C/M Stein.
YOTE : ALL_ VOTED_ AYE
NARDS_AND_COMMITTEES
47. ADD -ointment of Commiasigagg of Human -Relations Under
Relcoming_Committee - - Discussion and
possible action.
SYNOPSIS OF ACT,IQN_: Agendized by Consent.
(See Pages 27 & 28).
V/M Massaro MOVED to Agendize by Consent discussion and possible
action regarding the appointment of a Commissioner of Human
Relations to serve with the Welcoming Committee, SECONDED by
C/M Stein.
4. Announcement of expiration of the terms of office for
positions on the following boards and committees:
Beautification Committee
8
positions
Expiring
5/11/85
Public Information Committee
13
positions
5/11/85
City Photographer
1
position
5/11/85
Board of Social Services
11
positions
5/11/85
Recreation Board
14
positions
5/11/85
Fishing Commissioner
2
positions
5/11/85
Parks Commissioner
1
position
5/11/85
Welcoming Committee
12
positions
5/1.1/85
Comm. of Human Relations
1
position
- - - -
Burglar Alarm Committee
5
positions
5/11/85
Veterans Affairs Committee
9
positions
5/11/85
Investment Advisory Committee
5
positions
- - - -
SYNOPSIS ,OF ACTION: Announcement
was made by Mayor Kravitz.
Mayor Kravitz noted that the terms of office for the
positions are due to expire and he urged interested
tact the City Clerk's office for an application. He
any board or committee members seeking reappointment
a memo to the Mayor's office, however, members will
serve until appointments are made by the Council.
above noted
parties con-
noted that
should send
continue to
x
1
2
4/10/85
/pm
46. Cardinal;. Industries Sguthgate-Boulavald Vacation of
-
Easement - -- Discussion and possible
action.
SYNM1B OF ACTION: Agendized by Consent on Page 2).
TABLED to the 4/24/85 Council
Meeting for further research.
Mr. Henning read .by title.
Mr. Henning said there is a sketch and description and the shaded
area indicates an existing driveway on the south side of South-
gate Blvd. which is entrance or exit into the Cardinal property.
He said this is the way it is on the site plan, the way it has
been built and inspected. He said there is.a landscape easement
and the County had indicated on the south right-of-way line that
there would be no curb cut, however, plans were approved and,
apparently, the County has approved the curb cut. He said this
is an attempt to correct the records to verify the true plans as
they have been built without granting any additional authority or
any new curb cuts. He said this was initiated at the request of
the County and will not have any change on site.
Mr. Henning said there is a $150.00 fee which has been paid this
morning by Mr. Brady on behalf of Cardinal Industries.
V/M Massaro said there needs to be a change.in this Resolution
where it states, "A Resolution providing for a consent -to
a partial release" and she recommended the language, "A
Resolution for the endorsement of a partial release", since the
curb cut was put in there inadvertently. She said the City is
not in a position to consent to anything and should endorse this
County requirement. Mr. Henning asked Mr. Brady if this was
initiated by the County.
James Brady, representative of Cardinal.Industries, said when
this site plan was approved over a year ago, the City staff and
he took the position that by virtue of the approval of the site
plan which showed that driveway across the non -vehicular access
line, which is a dotted line on the plat, and the landscape
easement, Cardinal Industries was in accord with all regulations.
He said after the site plan was approved, the County took the
position that it was necessary to vacate at least the non -vehi-
cular access line, in other words, erase it from the plat. He
said this was done with the landscape easement as well. He said
the County gave them a license to proceed and install the drive-
way in accordance with the plans approved by the City, but said
it would be appropriate if they got the City's consent to erase
that non -vehicular access line and the landscape easement,becauss
the City was one of the approving bodies of the plat.
Mr. Brady said the County has a checklist that requires 14 things
and one of them is to get the City's consent to vacate the line.
Mr. Henning asked if Mr. Brady sees a problem with an endorsement
instead of a consent and Mr. Brady said the specific item on the
check list says "consent" and he was uncertain if that could be
changed. V/M Massaro said she spoke with the City Planner con-
cerning this because this is not the only such situation and she
questioned if this is consented to by the City,.would there be
more such situations.
V/M Massaro asked how urgent this item is
there is a sense of urgency but he would
anything with which it was uncomfortable.
and Mr. Brady said
not want the City to do
3
4/10/85
/pm
C/M Stein MOVED to TABLE this item to the 4/24/85 Council meet-
ing, SECONDED by C/M Munitz.
44. WogdmoatTxa_ct56 - Temporary Mod,Q,l,_,agl..es Center -
Temporary Platting Waiver - Te=,_ Resos_ #3603 --
Discussion and possible action.
ACTION:SYNORSIS OF Agendized by Consent on Page 1).
APPROVED the extension RESOLUTION NO. R-85-135 PASSED.
to 6/9/85.
Mr. Henning said there was a waiver of platting granted to the
Woodmont Sales Office, which is Tract 56, at the entrance of
Woodmont off of University Dr. He said they have a deadline in
that waiver of platting which expires 4/15/85 and they are wait-
ing to record the plat. He said there has been a hold-up which
will take it past the 4/15/85 deadline and they are concerned
that their waiver of platting will expire.
V/M Massaro MOVED to TABLE this item until the 4/24/85 Council
meeting. Mr. Henning distributed copies of
to Council explaining that this is an extension of Resolutions
84-414 and 85-57 which granted these waivers of platting and, in
Section 1, the extension is proposed to 6/9/85. Mayor Kravitz
asked V/M Massaro to WITHDRAW her MOTION and she did.
Mr. Henning read Tip. Res-o— 43603 by title.
V/M Massaro MOVED APPROVAL of Tempi._J�aso. .#36,-03, granting the
extension to 6/9/85, SECONDED by C/M Stein.
VOTE : ALL _YD= AYE
45. Reduction of Water Consumption - Reauest by South Florida
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1).
TABLED for further information
from the South Florida water
Management District on the water
situation.
Mr. Henning read Temp. Reso. #3602 by title.
V/M Massaro asked if the pressure has already been reduced and
Bill Greenwood, Utilities Director/City Engineer, said the South
Florida Water Management District has requested all purveyors of
water in Broward County initiate a water -reduction plan. He said
the reduction request is not in pressure but is in total water
consumption and this would be affected by a decrease in pressure.
He said the proposed Resolution before Council should be modified
where it says "overall pressure of water" to "overall water
consumption". He said the effect upon the Utility would be
approximately a 15% decrease in over-all revenues.
4
4/10/85
/pm
Mr. Henning asked how binding it is that the City conform to the
suggestion and how many dollars are involved. Mr. Greenwood
said the Finance Director would know the dollar amount. Mr.
Henning asked if there is any idea how long this might last and
Mr. Greenwood said no. He said the South Florida Water Manage-
ment District is having a meeting next week and if conditions do
not change with rainfall, then there is a possibility it will be
a mandatory plan. He said there have been news releases stating
that if conditions do not change within the next month, the
deficit in water in South Florida would only be overcome with a
hurricane.
V/M Massaro asked if they are requesting another 15% reduction or
the difference between what has already been done and what the
South Florida Water Management District is asking for. Mr.
Greenwood said the actual decrease implemented by a 20-pound
decrease in pressure at present comes out to almost 6.7%. He
said they would be looking at the overall. V/M Massaro asked if
there would be any problem with waiting until next week for their
determination of the situation. Mr. Greenwood said no, it is a
voluntary reduction at this point.
Mr. Henning said staff will continue the reduction unless other-
wise authorized by Council. V/M Massaro asked how many cities
have already done this and Mr. Greenwood said Fort Lauderdale has
reduced their overall pressure by 15% to comply with this re-
quest. V/M Massaro asked if there is a difference in areas as to
whether some areas are in more trouble than others and Mr.
Greenwood said it is the whole South Florida District. He said
just north of here they have already implemented mandatory re-
strictions.
C/M Munitz asked if there has been any discussion thus far con-
cerning limiting the use of the water and Mr. Greenwood said the
South Florida Water Management District in public announcements
has made a plea to everyone to conserve water. C/M Stein noted
that the question is whether the City wants to add another
conservation measure of 8% which would cause a reduction in
revenues and V/M Massaro said she does not think so.
V/M Massaro MOVED to TABLE this item for further information on
this situation, SECONDED by C/M Munitz.
VOTE-: ALL-VQTED_ AYE
5.
Consent
Agenda
a)
Minutes
of 3/6/85 - Special Meeting - Approval
recommended by
City Clerk.
b)
Minutes
of 3/8/85 - Special Meeting _ Approval
recommended by
City Clerk.
c)
Minutes
of 3/19/85 -- Special Meeting - Approval
recommended
by City
Clerk.
d)
Minutes
of 3/20/85 - Special Meeting - Approval
recommended
by City
Clerk.
e)
Alan F.
Ruf - Consulting City Attorney - 4/3/85
- $1,452.00 --
Approval
recommended by City Attorney.
f)
Richard
S. Rubin, AIA - Consulting City Planner
- Services
for March,
1985 - $4,177.50 - Approval recommended by City
Manager.
g)
Mitchell
Ceasar, P.A. - Consulting.Services for
University
Drive Widening
Project - March and April, 1985
-- $2,000.00 -
Approval
recommended by City Manager
5
4/10/85
/Pm
h) James M. Montgomery, Consulting Engineers, Inc. - Services in
connection with a rate study for TUW - 12/30/84 to 1/26/85 -
$6,580.00 - Approval recommended by City Engineer/Utilities
Director (tabled from 3/27/86)
i) Cody & Associates, Inc. - Management Efficiency Study -
3/6/85 - $3,500.00 - Approval recommended by City Manager and
Personnel Director (tabled from 3/27/85)
j) 201 Plan - Approval to pay the debt service on Tamarac's
portion of the Large User Agreement with Broward County in
the amount of $541,788.95 for 2.41 mgd at the Northwest
Regional County Wastewater Facility.
k) Acceptance of resignation of Gerald Adler, Insurance Consult-
ant.
1) Approval to pay the following invoices from CH2M Hill as
recommended by the City Engineer/Utilities Director:
1) Invoice 02--407 - 2/12/85 - $42,372.10 - Deep Injection
Well/201 Update (Project 84-2)
2) Invoice 03-440 - 3/15/85 - $65,247.78 - Deep Injection
Well/201 Update/Grant Application (Project 84-2)
3) Invoice 01-445 -- 1/15/85 - $27,216.45 -- Deep Injection
Well (Project 84-2)
4) Invoice 02-406 - 2/12/85 - $4,500.00 -- Wastewater Treat-
ment Plant Relocation Study (Project 85-1)
m) Williams, Hatfield & Stoner, Inc. - Approval to pay the
following invoices:
1- Project 1113-0 - Statement 90 - $ 3,000.00 - Municipal Con-
sulting.
2- Project 1710--0 - Statement 50 - 1,270.25 - Water and Sewage
3- Project 1710-17-- Statement 1 -- 6,927.45 - Sod Farm Permit
4- Project 1710-18- Statement 2 - 111.00 - DER Temp. Oper-
ating Permit
5- Project 1710-18- Statement 3 - 338.50 - DER Temp. Oper-
ating Permit
6- Project 1710-18- Statement 4 - 1,072.20 - DER Temp. Oper-
ating Permit
7- Project 1710-19- Statement 1 - 3,012.75 - TUW Wells 12 and
13
8- Project 1710-19- Statement 2 - 4,940.25 - TUW Wells 12 and
13
9- Project 1710-20-- Statement 1 - 1,048.00 - Tamarac Park
Parking Lot
10- Project 1710-21- Statement 1 - 1,107.55 - Tamarac Park
Parking Lot
11- Project 2080-0 -- Statement 5 - 48.50 - Misc.-City
Attorney
12- Project 2088-0 - Statement 6 - 11,967.97 - Spray Irriga-
tion/201
13- Project 2207-0 - Statement 1 - 760.75 - Misc.Plat Review
14- Project 2214-01- Statement 2 - 2,949.00 - Sludge Dewater-
ing & Composting
15- Project 2214-02- Statement 2 - 2,326.10 - Transmission
Facility Grant
16-- Project 2214-03- Statement 2 - 2,066.43 - Tamarac Lakes
Gravity Sewer
17-- Project 2214-04- Statement 2 - 3,906.50 - Transmission
Facility Grant
SYNOPSIS OF ACTION:
APPROVED Items a) through g),
j) and k ) .
h) REMOVED and TABLED for report
from James M. Montgomery
i) REMOVED and TABLED for report
from Cody & Associates
1i
1
1
6
4/10/85
/pm
SYNOPSIS_OFACT-ION: Cont'd.
1) REMOVED and TABLED to the
4/24/85 Council meeting for
proper processing of invoices
m) REMOVED and TABLED .to.the
4/24/85 Council meeting for
proper processing of invoices
V/M Massaro requested Items h), i), 1) and m) be REMOVED for
discussion.
C/M Stein MOVED to APPROVE Items a) through g), j) and k),
SECONDED by V/M Massaro.
h) V/M Massaro said James M. Montgomery has asked several tames for
criteria so that they can be working in unison with the City's
requirements and she asked if that has ever been supplied to
them. City Manager Johnson said the only thing that has been
given to them was from one Council person. Bill Greenwood said
the Engineering Department has met with James M. Montgomery's
representatives and have gone over all the proposed projects,
scheduling and capital outlays and they have a report from them
based upon that conversation. He said the date of that would be
approximately 2 weeks ago.
Mr. Greenwood said they have a meeting scheduled for.4/15/85 with
them to go over the criteria. V/M Massaro said Council would
need a copy of that report since they have not received one since
1/5/85.
V/M Massaro MOVED to TABLE this item for a report from James M.
Montgomery, SECONDED by C/M Munitz.
• •T�7*pia
i) V/M Massaro asked the City Manager if Cody & Associates have
finished their efficiency study and City Manager Johnson said the
report is being finalized this week and should be received by
Council next week.
C/M Stein said since the report has not been received, he MOVED
to TABLE this item for a report from Cody & Associates, SECONDED
by C/M Munitz.
Zi •I��� ��Y�ii4
1) V/M Massaro MOVED that this item, concerning invoices from CH2M
Hill, be TABLED to the next regular meeting because there were
problems involved, SECONDED by C/M Stein.
m) V/M Massaro MOVED to TABLE to the next regular Council meeting,
all the invoices from Williams, Hatfield & Stoner so that they
can be properly processed, SECONDED by C/M Stein.
VOTE: ALL VOTED AU
J
7
4/10/85
/pm r
27. All Serviceuse_ Co. - Commercial Garbage -C!Di jestion
Franchise - T - Discussion and possible action
to renew this franchise for one year. First Reading.
SyNOFh9I._OF_A.CTION: APPROVED
on first reading.
Mr. Henning read Temp,_ Crd. _ 1187 by title.
V/M Massaro MOVED APPROVAL of Temp. -Ord, #1187 on first reading,
SECONDED by C/M Stein.
Tape 2 C/M Munitz asked Mr. Henning if there was any difference between
these contracts and the previous ones and Mr. Henning said they
are substantially the same as last year requiring a 10% franchise
fee for the commercial accounts.
28. - Commercial
garbage oC 11ection_ Franchise - Temp, Ord, 1188 --
Discussion and possible action to renew this franchise for
one year. First Reading.
,b9YNQP IS OF ACTION: APPROVED
on first reading.
Mr. Henning read T_emp,_ Ord,_ #1188 by title.
C/M Stein MOVED APPROVAL of Temp. Ord. 11188, SECONDED by
V/M Massaro.
V/M Massaro asked City Manager Johnson if these accounts are
periodically audited and he said they have not been audited
because they are usually private contract with the commercial
carrier. He said that can be clarified before the second read-
ing.
29. - Commercial -Garbage Collection Fran-
chise -- Temp. _ Qrd. #1189 - Discussion and possible action to
renew this franchise for one year. First Reading.
SYNOPSIS OF_ ACTION: APPROVED
on first reading. A condition
of approval is payment of the
additional bond due.
Mr. Henning read by title.
C/M Stein MOVED APPROVAL of Temp._Ord,_#1189, SECONDED by
C/M Munitz.
City Manager Johnson said this firm has a bond of $2,850.00 and
it should be in the amount of $3,634.00. He said they will be
notified before the second reading that this amount is due.
1
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4/10/85
/pm
30. - Cgmmercial- Gar ice
Collection-- Discussion and
possible action to renew this franchise for one year. First
Reading.
SYNOPSIS OF ACTION APPROVED
on first reading.
Mr. Henning read Temp. Ord._41190 by title.
V/M Massaro MOVED APPROVAL of Temp. Or T#1190 on first reading,
SECONDED by C/M Munitz,
Morris Haber, resident, asked if the validity of the franchise
statements received are checked and Mr. Henning said he will
check this further before the second reading.
VOTE: ALL VOTED AXE.
31..Ronkoma Corporation -- Fran-
chise - Temp, _OiLL- 1221 - Discussion and possible action to
renew this franchise for one year. First. Reading..
SYNOP,TS OF ACTION: APPROVED
on first reading. Prior to
second reading, $150 renewal fee
must be paid and yearly audit
received in order for Council to
act on second reading of this
Ordinance.
Mr. Henning read by title.
C/M Stein MOVED APPROVAL of ,.T-emP. Q-rd. 111,91, SECONDED by
C/M Munitz.
City Manager Johnson said the City has not received the check and
some of the other necessary information and he asked that this
not be approved on second reading if this information is not
received.
Y=: ALL VOTED AYE
32. Southern Sanitation Service - -
tion_Franchise - Discussion and possible
action to renew this franchise for one year. First
Reading.
SYNOPSIS OF_ACTION: APPROVED
on first reading. An additional
cash bond in the amount of $900
is to be posted prior to second
reading.
Mr. Henning read.Temn. Ord._#1192 by title.
C/M Munitz MOVED APPROVAL of , SECONDED by
C/M Stein.
City Manager Johnson said the bond must be increased for this
item and they will be notified accordingly.. He said if it has
not been received by the second reading, he would request Council
not approve renewal.
VOTE: ALL_ VOTED_ &YE
9
4/10/85
/pm
C/M Munitz said there are questions on Items 27 through 32 and
Mr. Henning read Paragraph 8 of the Commercial Garbage Collection
Contracts into the record, "The Collector shall provide to the
City a monthly accounting as well as a yearly audit certified by
an officer of the company and notarized and shall permit the City
or its authorized agents to inspect its records respecting the
accounts within the City at any reasonable time." He said it
does not state a certified independent auditor and could be
changed if Council chosen.
TAMARAC UTILITIES WEST
6. Water; Wglls No. 12--and-13__(Projectt 84-14) - Discussion and
possible action to approve an Agreement with Williams, Hat-
field & Stoner, Inc., for services in connection with con-
struction of two drinking water wells for Utilities West.
,SYNOPSIS -OF -ACTION: APPROVED
contract submitted by Williams,
Hatfield & Stoner, Inc., for an
upset price of $6,399.00 and not
to exceed that amount.
Bill Greenwood, Utilities Director/City Engineer, said with the
ever --increasing need for additional water supplies, Williams,
Hatfield & Stoner had previously been authorized to design two
new water wells, classified as Wells 12 and 13. He said the
proposed location is at the St. Malachy Church site on easements
which have been obtained by the City. He said this proposed
agreement is for Williams, Hatfield & Stoner to take care of the
construction services once the project is bid and to be com-
pleted. He said the permits on the well require that the City
has its consultant certify to the construction and testing proce-
dures. He said staff recommends that the agreement be approved.
C/M Munitz asked for a more specific location and Mr. Greenwood
said it would be the east and north back property line on 61st
Street. He said there is an easement on the entire back peri-
meter of the Church. Mr. Henning asked if the design for the
well is complete and Mr. Greenwood said the existing agreement
authorized Williams, Hatfield & Stoner to perform the design and
obtain all the necessary permits. He said the design is complete
and the permits are in -hand. He said the next step will be to
put it out for competitive bid by advertising in the newspaper.
V/M Massaro asked Anthony Nolan, representative of Williams,
Hatfield & Stoner, Inc., if this was an upset price not to exceed
$6,399.00 and Mr. Nolan said all of the work authorizations that
have been presented to the City have been upset price proposals.
Mr. Henning indicated for the record that these two wells were
approved by the electorate on a referendum this past March.
Mr. Greenwood said the proposed funding is the water contribu-
tions in aid of construction, the CIAC fund.
V/M Massaro MOVED APPROVAL of the contract submitted by Williams,
Hatfield & Stoner, Inc. for the work required, design and super-
vision. V/M Massaro asked if the invoices for the design portion
of the work are in -hand and Mr. Nolan said he believes so. He
said this is for the supervision and preparation for bid.
V/M Massaro amended her MOTION for APPROVAL of the contract
submitted by Williams, Hatfield & Stoner, Inc. in the upset price
of $6,399.00 and not to exceed that amount. SECONDED by C/M
Stein.
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4/10/85
/pm
7. - - Presentation by
Anthony A. Nolan, of Williams, Hatfield & Stoner, Inc.,
recommending that the City reject a potential grant for this
project.
SYNOPSIS OF ACTION: Tony Nolan
of Williams, Hatfield & Stoner, Inc.
gave a report and recommended that
this grant be rejected because of
cost and time factors involved. He
was authorized to notify the appropriate
people that the City is no longer
interested.
Anthony Nolan, representing Williams, Hatfield & Stoner, Inc.,
said the Capital Improvement Project has been carried forward
with the utility to tie two portions of a force main together
that cross underneath the turnpike. He said that is an 18-inch
force main that will tie the eastern portions of Tamarac. West
with the County's Regional Wastewater Pumping Station at Grant's
Sunshine Plaza. He said it was deemed advisable to seek S.P.A.
funding for this project and grant applications were submitted to
the State of Florida and are ready to go through the process. He
said recently the State DOT notified the City that improvements
are pending to the turnpike and those improvements necessitate
certain items of work to be undertaken to put some utility lines
that are under the turnpike into conformance with their proposed
construction.
Mr. Nolan said one of the ties between the County's system and
the City's existing system is an 8-inch force main in a cattle
crossing south of Commercial Blvd. He said that is now being
used as a diversion to send some of the wastewater in the area
that will eventually be directed towards the County system. He
said this system, being an 8-inch line, and the Master Plan calls
for an 18-inch line, has certain restrictions as far as flow is
concerned and the City has only been able to divert as much as
700,000 gallons of flow through that line. He said grant monies
are not immediate and it is their observation that the monies
that would be needed to be spent to upgrade the 8-inch force main
might more appropriately be used to complete the fundable portion
of the 18-inch force main.
Mr. Nolan said the dollars come out to a wash and the 8-inch
force main modifications underneath the turnpike will amount to
about $20,000 and, because of the formula used in the funding
process for the grant, it is only a relatively small portion of
the project cost that will be grant eligible. He said it is
their recommendation that the City not bother to continue pursu-
ing the grant but use the monies that would be needed to be spent
immediately to meet the objectives of the Turnpike Authority
as the local portion of the 18-inch force main project.
City Manager Johnson asked if the City would have to bore under
the Expressway with the new 18-inch line if it is put where the
present 8-inch line is. Mr. Nolan said no, the force main has
been constructed in the right-of-way of Commercial Blvd. leading
to and from the turnpike. Be said that was done in three differ-
ent phases of construction in conjunction with roadway projects
that were sponsored by the County. He said this most recent
roadway project is a State DOT project and they are requiring the
City, by virtue of the permits that the City has to occupy their
right-of-way, to make certain modifications to the City's system.
11 / _
4/10/85 V
/pm
Mr. Nolan said these modifications are to existing lines that now
traverse the turnpike at the cattle crossing south of Commercial
Blvd. He said the 8--inch force main that is a portion of that
modification, is unnecessary once the 18-inch line is in place.
He said the timing is such that it would be imprudent for the
City to spend the $20,000 to improve that 8-inch line when it
could be more judiciously be spent to meet the objectives of the
18-inch line. City Manager Johnson asked if the City will be
allowed to abandon the 8-inch line as it is in the right -of --way
and Mr. Nolan said no, but that is only a small cost of the
assignment.
C/M Munitx asked for Mr. Greenwood's recommendations and.Mr.
Greenwood said the Commercial Blvd. force main has a timing
objective as well. He said if the 8--inch line is presently
installed, the grant only has potential of coming through some-
time between now and July. He said if the 18--inch line is not
pursued presently, the turnpike will be widened to 6 lanes and
proposed construction costs will also increase because now the
City has an opportunity of installing a portion of that 18-inch
line by open cut. He said if the City waits until later this
year, when the turnpike has already put in the fill, the only way
of installing the entire line is by boring the entire turnpike.
He said staff concurs with Williams, Hatfield & Stoner that it is
in the best interests of the City because of the timing.
C/M Stein asked if the City loses all possibility of any grant
money for the 18-inch line and. Mr. Nolan said E.P.A. or D.E.R. do
not refund, they fund in advance. He said the possibility of
obtaining grant monies after this has been initiated are nil.
V/M Massaro asked why only part of the turnpike would be open cut
and Mr. Greenwood said they have not started to place the fill in
that area as yet but now part of it can be installed by open cut.
City Manager Johnson said the part that has to be bored is the
present 4 lanes that are there now. He said the new lanes can be
done by open cut. V/M Massaro asked how much the 18--inch line
would cost and Mr. Greenwood said the tentative grant would be
for approximately $30,000.
Mayor Kravitz said a Motion should be made to authorize staff to
notify the appropriate people that the City is no longer inter-
ested and to reject the potential grant. C/M Stein so MOVED,
SECONDED by V/M Massaro.
V/M Massaro asked if this will require the City going to bid for
the 18-inch line and Mr. Greenwood said yes. V/M Massaro asked
who will prepare this bid and Mr. Greenwood said the City
presently has a contract with Williams, Hatfield & Stoner for the
design and construction.
Morris Haber, Charter Board Chairman, asked what the time factor
was and City Manager Johnson said the deadline to file all papers
is March lst. He said the City will not know anything on the
grant until the middle of June or July.
12
4/10/85
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1
1
COMMUNITY DEVELOPMENT
33. Lake Colony (UrgoKwood Gardens)
action on:
a) Revised site plan for canal
the north property line and
b) Covenant
SYNOPSIS_ OF_ &CT -ION:
a) APPROVED with conditions.
b) Agendized by Consent
APPROVED providing the monies
due in the amount of $1,399.65
are paid by their due date of
5/l/85.
- Discussion and possible
slopes, a 6-foot fence along
update of overall site plan -
RESOLUTION NO. R--85-129 PASSED.
a) Mr. Henning read JeMp..Reso._ #3600 by title.
Richard Rubin, Consultant City Planner, said last month Council
passed an Ordinance permitting a change in the design of the
cross-section for canal banks adjacent to waterways. He said at
the City Attorney's suggestion, a paragraph was added which
stated that anyone that has a previously approved site plan that
wishes to utilize this new cross-section may submit a revised
site plan to the City and request said change to the drawings.
He said this is the first application requesting use of the new
cross-section and staff has asked the applicant to also revise
the site plan to indicate all changes and revisions approved
since the original adoption in 1980. He said the applicant has
cooperated and staff recommends approval subject to his memo of
4/8/85.
Mr. Henning said the City has a Covenant from.Lake Colony regard-
ing an issue that came up during site plan review of the revised
site plan. He said it is unrelated to the canal slopes but there
is a decreative wall and a seating bench similar to a bus bench
and concrete pad placed over a utility easement where there is a
drinking water line. He said the developer has submitted a
Covenant in recordable form indicating that, if necessary, the
construction would be demolished and he would pay the charge
based -on the back -charge rates which are under. Ordinance of the
City. He said the applicant has offered to put a small plaque on
the bench indicating that it could be demolished if necessary.
b) V/M Massaro MOVED to Agendize by Consent, approval of this Coven-
ant, SECONDED by C/M Stein.
•
a) V/M Massaro MOVED APROVAL of Tgmtso,_43444, SECONDED by
C/M Munitz.
b) V/M Massaro MOVED APPROVAL of the Covenant as submitted by Lake
Colony, SECONDED by C/M Stein.
Mr. Henning noted that the Assistant City Clerk has the original
of the Covenant which must be recorded.
C/M Munitz questioned when the outstanding fees are due and Mr.
Henning noted that they are due by 5/1/85 and late by 5/15/85.
C/M Stein said it would be appropriate to add to the MOTION that
APPROVAL is given provided that the amount of $1,399.65 is paid
by the due date of 5/l/85. V/M Massaro ACCEPTED that as part of
her MOTION, as did.C/M Munitz, as the SECOND,
13 ✓
4/10/85
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36. Be m-dAll-A_ Inc. - Rezoning FpJitiQB_ 5- -85 - Temp. Ord.
11173 -- Discussion and possible action on:
a) Rezoning of lands at the northwest corner of McNab Road
and NW 80 Avenue from B-6 (Business District) to B-1
(Neighborhood. Business District). Second Reading. (Public
Hearing held 3/27/85)(tabled from 4/4/85).
b) Stipulation #17
SYNOPSIS -OF AMOK: ORDINANCE NO. 0-85-12 PASSED.
a) APPROVED Temp. Ord. #1173
on second and final reading.
b) Agendized by Consent on Page 1).
APPROVED subject to execution.
a) Mr. Henning read Temp. Ord. #1173 by title.
Mr. Henning said this was Tabled for approval of Stipulation #17
which is to the Court Orders of Leadership Housing vs. The City
of Tamarac. He said it has been discussed previously and this
concerns a 2-story building with commerical use on the bottom
floor and professional, non -medical offices on the second floor.
V/M Massaro said they are agreeing to all requirements of Code,
however, they are having.4 parking spaces excused because there
will be angle instead of 90-degree parking. She said they are
entitled to those 4 parking spaces throughout the plan.
Mr. Henning noted that the prior drafts of the Stipulation indi-
cated that it was "Berndall Construction Co., Inc.", however,
that corporation sold the property back to the same investors and
it is now "Berndall, Inc.".
Tape 3
b) V/M Massaro MOVED APPROVAL of Stipulation #17 which is noted on
the Agenda as Berndall, Inc. but the Stipulation has to do with
Leadership Housing, Inc. and Simon Zunamon as Trustee, as
Plaintiffs and the City of Tamarac as defendants, subject to the
full execution of the document. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
a) V/M Massaro MOVED APPROVAL of Temp. Ord._#1173 on second and
final reading, SECONDED by C/M Stein.
37. Lcings__ Point ,Rgcre ion CoMp_lez - Bond -Release - Temp-
Reso,_#3595 - Discussion and possible action to release two
warranty bonds posted for the water and sewer systems.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-r85-132 PASSED.
Mr. Henning read Temp. Reso. 13595 by title.
V/M Massaro said there is a recommendation from Bob Foy, Deputy
City Engineer, and she MOVED APPROVAL of ,
SECONDED by C/M Stein.
FDITOW S_NOTE: This released Letter of Credit #NABG-R91064F in
the amount of $7,421.55 to guarantee the water distribution
system and Letter of Credit #NABG-R91065F in the amount of
$3,612.68 to guarantee the sewer collection system.
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4/10/85
/pm
38. .7 - Bon d3,elease - _
Discussion and possible action to rlease a cash bond posted
to guarantee canal bank sodding for Lot 43.
: APPROVED. RESOLUTION NO. R-85-133 PASSED.
Mr. Henning read Tem . Reso,_ #359fi by title.
V/M Massaro MOVED APPROVAL of Temp- Reso. #3526 releasing the
cash bond posted by Castell Builders, Inc. in the amount of
$250.00, SECONDED by C/M Munitz.
VQTE: ,ALL- VOTED --AU
39. Versgillpg Gardcus - odel Sales Facility - Discussion and
possible action to renew a model sales permit.
SYNOPSIS OF ACTION: APPROVED
for 6 months from 4/22/85 and
to expire on 10/22/85.
V/M Massaro MOVED APPROVAL of renewal of the model sales permit
for 6 months from 4/22/85 and to expire on 10/22/85, SECONDED by
C/M Stein.
VQTE : ALL VOTED AYE
40. LAkeside Apartments - - Temp,_Reso-
gZ - Discussion and possible action on disposition of a
warranty bond posted for public improvements.
SYNOPSIS OF ACTION: APPROVED
calling bond if the extension
or required repairs
are not complete by 4/19/85.
If the repairs.are completed
by that date, the bond should be
released.
RESOLUTION NO. R-85-134 PASSED.
Mr. Henning read by title.
V/M Massaro MOVED APPROVAL of calling the
warranty bond in the amount of $32,027.21 posted to guarantee
public improvements if the extension or required repairs are not
complete by 4/19/85 or if the required repairs are completed by
that date, the bond should be released, as per Bob Foy, Deputy
City Engineer's memo. SECONDED by C/M Stein.
TAMARAC UTILITIES WEST
8. - Discussion and
possible action.to approve Change Order #1 to Bid #85-5
increasing.the contract from $3,400.00 to $4,000.00 pursuant
to Florida Department of Environmental Regulation require-
ments.
APPROVED.
City Manager Johnson said one of the conditions for the temporary
operating permit for the sludge farm was that the City was re-
quired to put in monitoring wells. He said some of the require-
ments for the monitoring wells have changed and there must be a
modification on the amount of money authorized. He said Council
authorized $3,400.00 and it will now be $4,000.00.
J
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4/10/85
/pm
V/M Massaro said this must be acted on today and she MOVED
APPROVAL of the Change Order #1 in the amount of $600 bringing
the total to $4,000, SECONDED by C/M Stein.
VOTE : - ALL VOTED AYE .
9. Bi-d-Award -- - Discussion and possible
action to award a bid for a field balancing set and vibration
analyzer for Utilities West.
SYNOPSIS_IQ ACTION: APPROVED
awarding the bid to Bruehl and
Kjaer Instruments, Inc. in the
amount of $12,847.00.
RESOLUTION..NO. R-85-124 PASSED.
Mr. Henning read by title.
V/M Massaro asked if this was the only bid received and the City
Manager said it was advertised but only one bid was received. He
said this is not replacing old equipment but is a new piece of
equipment. He said the amount is $12,847.00 and the piece of
equipment is used in analyzing pumps in pumping stations and
gives advanced warning if there are problems.
V/M Massaro said this is an important.piece of equipment because
there are problems with the pumping stations now and she. MOVED
APPROVAL of Temp. ResQ,_#3593,.SECONDED by C/M Munitz.
14. .- Discussion and possible action
regarding submittal of a Management Letter to the City by
Touche Ross & Co.
(See Page
No action was necessary since
the Management Letter has not
as yet been received from
Touche Ross & Co. A meeting
was scheduled for 4/11/85 in
the City Manager's office to
discuss this.
41 and 42 for further discussion;)
C/M Munitz asked if there were preliminary discussions between
the City Manager, the Accountant and the Finance Director with
regard to the Management Letter. City Manager Johnson said he
understood the draft would be given to him today but he has not
as yet seen it. Mayor Kravitz said he spoke to them yesterday
and they promised to give it to him at 8:00 A.M. this morning,
however, they called him last night at 5:00 P.M. and told him
their processing machine broke down and they hoped to have it
here at 1:OO P.M. this afternoon.
Mr. Henning said he sent a letter to Touche Ross & Co. indicating
that they have passed the deadline for today's meeting and,
unless a Special Meeting is called, they would have to be on the
4/24/85 Council agenda. He said there was a deadline to get this
letter to Tallahassee by 4/30/85 and they are putting the City in
jeopardy by delaying. He said they will accommodate the City
pursuant to the rules in giving the City the draft proposal
before it is released.
1
1
1
16 V
4/10/85
/pm
11
V/M Massaro asked if the draft of the Management Letter was in
City Hall at some point in time and Mayor Kravitz said according
to the Minutes of the 2/27/85 Council Meeting, Steven Cohen,
partner with Touche Ross & Co., said the City would have it
within 24 hours but it was never received. V/M Massaro said the
City Manager told her a draft was received of the Management
Letter but they took it back. City Manager Johnson said they had
an original draft but there have been many changes and there is a
new draft of the Management Letter that will be received before
the 4/24/85 Council meeting.
V/M Massaro asked the City Manager if he actually read the
original Management Letter that was in City Hall and he said no.
V/M Massaro asked why they took it back and City Manager Johnson
said he understood they took it back because when they made a
presentation to the Council, they brought up some items related
to sanitation, which they told the Council was in the Management
Letter and it was not in there. He said they took the Letter
back to revise it to include those comments.
C/M Munitz said he does not believe Council has the responsibil-
ity to act on the Management Letter until it has been presented
to the City Manager and the Finance Director. Vickie. Beech,
resident, said at the 2/27/85 Council meeting Mr. Cohen said the
Management Letter was in the mail and there was a question about
paying him before the Letter was presented.
17. Broward League of Cities Business - Discussion and possible
action.
SYNOPSIS_OF_ACTZON: Mayor
Kravitz gave a report.
Mayor Kravitz said at the last Council meeting he was given the
authority to write a letter to the Executive. Director of the
Broward League of Cities, which he did on 4/2/85, stating that
Tamarac was not represented on the Nominating Committee, the
slate of Officers, Directors, etc. He said he received notice
that the Nominating Committee came in with a report of Officers
and Directors and Tamarac was not represented. He said they
added two additional Directors and the office of a second Vice
President. He said he is awaiting a reply to his letter and will
copy Council when he receives it.
Mayor Kravitz asked the Vice Mayor to represent Tamarac at the
next Dinner Meeting which will be held at Justin's on 4/18/85.
V/M Massaro said she feels that no one from Tamarac should go but
she might reconsider.
Morton Student, resident, said it is not correct for the Nominat-
ing Committee to accept positions as officers and Mayor Kravitz
said that is up to the League to decide.
12. Tamarac Wildlife preserve - Temp. Rego.#3521 - Discussion and
possible action to authorize execution of an Amendment to a
Development Agreement with Florida Department of Natural
Resources.
SYNOPSIS -OF -ACTION: APPROVED
substituting for Section 2,
the paragraph as
stipulated in the Finance
Director's memo of 4/9/85.
RESOLUTION NO. R-85-125 PASSED.
17
4/10/85
/pm
Mr. Henning read by title.
Richard Rubin, Consultant City Planner, said when the City re-
ceived approval from the State of Florida to develop the Wildlife
Preserve, the City included a list of items totalling $47,000
that need to be done to the Wildlife Preserve. He said the most
expensive of those items was clearing and dredging of the lake so
that there would be a continuous flowing body of water. He said
over the last two years, the City has been able to find private
contractors to do the work voluntarily without any cost to the
City, therefore, the State has requested that the City submit an
amended agreement with them reducing the overall project amount
to $27,700.
Mr. Rubin said staff recommends Council approval with the memo
from Steve Wood, Finance Director, dated 4/9/851 wherein he has
given specific recommendations for language to be used in place
of the present language in Section 2, "The Finance. Department is
authorized to transfer $27,700.00 from the Parks and Recreation
Fund to a New Capital Construction Fund entitled Tamarac Wildlife
Preserve. The Florida Department of.Natural.Resources will
reimburse the City for up to $17,800.00, and these funds shall be
deposited to the Parks and Recreation Fund as received."
Mr. Rubin said this would allow the Finance Department to set up
a separate account to pay for the improvements to the. Wildlife
Preserve which, up to $17,700, would be reimbursed from the State
after the project is completed. He said the.State has reminded
the City that the deadline for completing this is 7/5/85 and the
data must be submitted to the State as soon as possible to
receive the funding for this project.
V/M Massaro. MOVED APPROVAL of substituting the
paragraph recommended by the Finance Director in his memo of
4/9/85, for Section 2. SECONDED by C/M Stein.
43. City Attornev Report - (Further discussion on Pages 19
through.25, 50 and 51).
Mr. Henning said he has three reports and one concerns an update
on the ESM matter, which he asked to make after lunch since he
had a telephone call in to the Attorneys to determine the latest
events. He said he sent a memo to the Council and the Charter
Board several days ago when he received notice that the Revenue
Bond Validation hearing has been set before Judge Andrews for
Monday, 4/22/85, at 4:00 P.M. at the Circuit Courthouse.
Mr. Henning said he is working on an outline of procedures for
public hearings for Council and the Planning Commission and he
hoped to have a 30-minute session for this purpose in the near
future. He said concerning the ESM matter, the Attorneys are
considering additional lawsuits at this time and he wanted con-
firmation that they were filed before any announcements were
made. He said they have intervened in the local action with the
Securities and Exchange. Commission vs. ESM in the.Southern Dis-
trict of Florida along with other cities.
C/M Munitz asked Mr. Henning to ask the Attorneys if they have
investigated the B.V.S. & D that recently went bankrupt since the
Bradford Trust Co. also held the securities for this company.
Mr. Henning said he would ask them.
1
18
4/10/85
/pm
y I IrIt E7-34M• •
City Manager Johnson said the City will donate muck stockpiled on
Tract 27 to Tamarac Elementary School, which will be hauled by
Lennar Homes at no cost to the City.
43. City Attorney. Report -
The following is a partial Verbatim Transcript as requested by
V/M Massaro:
Mayor Kravitz: Yes, come right up.
Vickie Beech: Thank you very much. Vickie Beech, resident,
Section 20. In regards to the Bond validation, I think there's
also another part that you didn't bring out that was advertised
in the paper and I'd like to question, what.is the refunding of
the sewer ... of the past bond issue? Why are you asking for that
refunding?
Mr. Henning: Well, this was discussed at an earlier meeting and I
gave you a general overview and deferred the details to our
Finance people but there was... basically, we have about a 15
million dollar bond.issue out on the purchase of the sewer plant
from 1979. In reviewing the bond documents, the.Financial.Advis--
or and the bond attorneys have found some fine print and details
in there that they would like to get the City.out from under.
They would like to change some of the conditions, some fine print
in the mortgage, if you will, in essence, for refinancing. It's
a refunding of the old and refinancing that debt plus the new
debt. This was discussed earlier and the bottom line is that it
is no additional cost to. the City or a savings to the City or
else they wouldn't be doing it.
Vickie Beech: But you are going at a higher rate of interest,
won't you? You'll be going from one to the other.
Mr. Henning: I'm not prepared to state that, not necessarily, I
don't know. And also, the Capital Reserves may be different, and '
so, there's obviously some advantages and, if.Council wants a
more extensive report on this before the 22nd, then we can get
that information for them. This was discussed earlier..
V/M Massaro: I intended to ask for it, yes, we do want an update
on it.
Vickie Beech: Thank you. Then, the second part of the.subject on
ESM that Mr. Henning hadn't pursued it further. I'm a little
concerned, really, for the simple reason that it seems that
everything is being directed to ESM and there seems to be a
cavalier attitudetaken about the people that.are involved in our
City. What action or what are you contemplating on doing about
pursuing this? I mean, we have a City. Manager, a.Finance
Director and a.City Attorney and a few others I thank that should
be called to task on this particular issue.
Mr. Henning: The only response I have at this point, unless
Council wants further response,.is.that of all the descriptions
of the attitude of the City, the Council and the staff as a
result to the ESM disaster..."cavalier" is not the word.
Vickie Beech: Really? Thank you very much.
19
4/10/85
/pm
C/M Stein: This is 1979 we're talking about. I hope...
Mr. Henning: In 1979 there was a bond issue to purchase the
present Tamarac. Utilities West. There's approximately a 15
million dollar outstanding debt on that bond issue. In examining
the fine print of the bond Resolutions and conditions of the
purchase...times have changed, conditions have changed ... and it
has been the advice of our attorneys and financial advisors that
we can have a better bond Resolution if we reincorporate the
entire debt and assume one Resolution and one fine print and one
rules and regulations for the previous debt and the new debt. In
essence, we're refinancing, in lay terms. Instead of having a
first mortgage and a second mortgage or two first mortgages, we
are refinancing.
Mr. Henning: This is done, I assure you, at either a break-even
or a benefit to the City. We are not looking for ways to cost
the City more money. That may come as a surprise to some of you
but we really are not.
Mayor Kravitz: All right now, I just want to add that these are
really reports. There should be no discussion at all. I am
recognizing the public because.I don't want you to feel that we
don't want to listen to you so I am calling on the people present
that want to be heard. .Because of the time, I am going to ask
those that want to be recognized, I will give you opportunity to
come up. Keep it brief so that we can continue on with our
agenda. The gentleman back there.
V/M Massaro: Mr. Mayor, while the gentleman is coming forward, I
would like to make a statement about that because as C/M Stein
just mentioned a little while ago, that was the 1979 bond issue
and we are just hearing for the first time that there was some
fine print that is being looked at by the new bond counsel is it
or whoever, and, we, too, will want to see what they are talking
about. At the moment, we do not know until we go back and read
all of that, so, we have to sit here quietly and just take in
what is being said and then we go back and take a look at what
they are talking about and seeing the wisdom of refinancing or
not refinancing.
Mayor Kravitz: All right, sir.
Jack Rowen» My name is. Jack Rowen, I'm a homeowner in Tamarac,
Section 15. Someone in the City should be held responsible for
investing money in ESM without getting the proper collateral in
hand. It states on one of these papers that I read, "Must submit
audited financial statements and place the collateral securing
the investment in a safe -keeping institution." we do not have
any collateral. The Bradford Trust does not have any collateral.
They disclaimed all knowledge of any collateral and yet, Tamarac
had seen fit ... and someone is responsible for that...to invest a
total of 7.million dollars in an institution that, at best, was a
phoney. And, someone should have seen to it that the collateral
should be in hand before the loan was made not rely on reports
that Bradford Trust has the collateral. The collateral should be
here. Another question, the difference...
Mayor Kravitz: Is there any question, sir?
i
22
4/10/85
/pm
Mr. Rowen: Another statement. The difference between the inter-
est that you should have received from ESM and an investment in
90-day U.S. Treasury Bonds or Bills, rather, which are the safest
investments in the world, is not that much that Tamarac should
have taken the chance on that kind of an investment... and losing
it ... and have lost it. Another statement, so far, I have read in
the newspaper about various cities in the country and banks that
have been affected by this fiasco with ESM but nothing has been
written about Tamarac. No action has been taken by Tamarac,
according to the newspapers. Our Sister City, Pompano Beach, has
instituted action against Alexander Grant, has instituted action
against Mr. Gomez ... what is Tamarac doing?
Mayor Kravitz: I think you heard the City.Attorney just say he
will give a report this afternoon after he speaks to our attor-
neys. He may address that subject.
Mr. Rowen: Sir, with all due respect, we have waited...now this
is over a month... that this ESM has gone into bankruptcy.
Mr. Rowen: Nothing has been saidto anyone, nothing has been
printed in the newspapers, and yet, today when the item is
supposed to be discussed, we are still waiting for a report from
whom?
Mr. Henning: Can I answer that, please?
Mr. Rowen: Are they trying to hide something?
Mayor Kravitz: If you would like to. I'll let the City Attorney
address you.
Mr. Henning: First, of all, in response to your statement, I
disagree as to any showing of any liability of the City. In
response to your second statement...
Mr. Rowen: I'm sorry, I didn't make any statement like that.
Mr. Henning: You said,."Who is responsible" ... or "someone has to
be responsible"...for not having collateral in hand.
Mr. Rowen: Not the City...some person.
Mr. Henning: Some person. O.K., and I am saying that there has
been no evidence at this point that there has been any wrong-
doing of any person related to the City. That's number one. The
second statement is that...I don't recall if it's the second or
third comment that you had ... but, in essence, oh...about the
money being lost. The money is not yet lost. The money is in
dispute. The money is being recovered in part. The fact that
you had to wait thirty days for any action so far... it's going to
be a little bit longer than another thirty days before this is
resolved.
This case is being fought in the courts and not in the news-
papers and any lack of print or copy on the story is only a
credit to the people involved with. Tamarac and our attorneys. We
won't get the 7 million dollars back by running a story about it
in the newspaper. We are taking the appropriate legal action, we
are filing lawsuits to recover the money, to protect the money,
to protect the City. The report from the ... Mr. Tew...
Mr. Rowen: I asked you, why haven't we received any collateral in
hand? Where is the collateral?
Mr. Henning: I am not going to discuss that with you at this
time. It is not in the best interests of the City to do that. I
am telling you...
23
4/10/85
/pm
Mr. Rowen: Isn't it? It's in the best interests of the citizens
of this City to do that.
Mr. Henning: well, you may be wrong, sir. You may...
Mayor Kravitz: I don't think we should debate this. Try to
answer the gentleman's questions if you can, if we can't, then
just say you can't.
Mr. Henning: We received from Mr. Tew and from the court, a
report on ESM yesterday or the day before and...
Mr. Rowen: May I interrupt you please...
Mr. Henning: No, I am almost done. And, this report, I don't
know how many pages it is... it's about a half an inch thick...is
money in the pocket of Tamarac because this is a report that Mr.
Tew did on behalf of the Court. This is investigations, probably
nation-wide, and findings that he made to the Court that did not
cost the City a dime. This is a report that our attorneys could
have put together for thousands and thousands of dollars, maybe
three or four days earlier. One of the reasons that we waited to
file additional lawsuits is because of the thousands of dollars
in information that's available in this report that assisted our
attorneys in preparing the additional lawsuits.
The City is very much interested in recovering the money but we
are also cognizant that to make a big show of spending additional
tens of thousands of dollars at very little advantage, to go into
the pockets of our attorneys, which is not going to put us in a
better position, is really not to help the City. We are moving
forward aggressively and we are attempting to recover the money
and keep the City in the best position possible.
Mayor Kravitz: I hope we have answered your questions.
Mr. Rowen: You have not. No, sir, you have not. I have not been
answered the question. How come we have no collateral against
that loan?
Mayor Kravitz: Well, we just answered that, it's best not to
answer that question at this time.
Mr. Henning:.Sir, that question is not going to be answered
today.
Mayor Kravitz:.We just told you that, the Attorney just said he
felt it was in the interests of our City not to answer that at
this time.
Mr..Rowen: May I object to that answer?
Mayor Kravitz: Sure. You can object.
Mr. Rowen: And I want that on the record.
Mayor Kravitz: It's on the record.
Mr. Rowen: Let me also state... repeat what you just said. You
have a report here that would save you thousands of dollars from
Mr. Tew, who is representing the.Court. And, yet, here you are
saving thousands of dollars and, yet, someone here saw fit to
invest 7 million dollars in a company that was...
24
4/10/85
/pm
J
1
Mayor Kravitz: Sir, you are repeating, and, as I said, we have an
agenda to go on. I don't want to debate it. You had your ques-
tions. We tried to answer you and certainly you are entitled to
whatever information we can give you. I want you to have that
courtesy and, certainly, we want to tell you what we can. If we
can't, we can't. There will be another report this afternoon.
Mr. Rowen: Thank you, very much.
Mayor Kravitz: Thank you. Melanie. Let's keep it short and keep
going.
Melanie Reynolds: This is very short. Melanie Reynolds. I'm a
little confused because from all that I have seen, there is a 12
odd million dollar outstanding still on the Tamarac Utilities
purchase. I am confused because 12 and 15 add to 27 million and
I don't know where the other 3 million comes from.
C/M Munitz: As may be needed.
Mr. Henning: My recollection was 15, I may be in error. I know
that it was 29 plus, which was rounded off to 30 million.
Melanie Reynolds: But, we're having a validation hearing on 30
million, are we not?
V/M Massaro: We are not necessarily going to float 30 million
dollars.
Mayor Kravitz: Validating does not mean we are issuing it, if I
recall the wording said "as needed" and, therefore, it will come
up at that time. Let me continue on.
C/M Stein questioned Item 13 on today's Agenda, Charter_Board
a) Request for a full-time secretarial position. Mr. Henning
said there was a memo from the Chairman of the Charter. Board
requesting this.
C/M _Munn? - No report.
yfM RUgaro - No report.
Mayor Krslyitz said he prepared a list of Council liaisons to the
various committees and staffs which will be issued later this
afternoon. He said he would request Council inform him if these
positions are satisfactory. He said the trip to Kiryat Tivon
scheduled for May is not an official City trip. He said he will
represent.Tamarac on an official City trip to Kiryat Tivon in
early November for the signing of the Sister City Agreement on
behalf of the City.
25
4/10/85
/pm
TAMARAC UTILITIES WEST
10. FlUgr ,elation_ of- Water System (Pro ect 85-10) - Discussion and
possible action on:
a) Report by City Engineer/Utilities Director
b) Authorization for fluoridation in order to apply for State
grant funds by TTee mp■_ Reso. #3592
c) Approval of Task Authorization to James M. Montgomery,
Consulting Engineers, Inc., in an amount not to exceed
$6,300.00 for design, construction services, permits and
related work.
SYNOPSIS_. OF. ACTION:. TABLED
to a future Workshop Meeting.
V/M Massaro said this was brought before. Council a few years ago
and she said there would be a Workshop Meeting on this subject.
Mayor Kravitz said he just received a memo that Dr. Abbey, who
was supposed to be present today, cannot be here.
V/M Massaro MOVED to TABLE this item to a future Workshop Meet-
ing, SECONDED by C/M Munitz.
k1le111 4 M&169.04�
Mr. Henning asked Mr. Greenwood, City Engineer/Utilities Direct-
or, if there were any deadlines for grant applications that need
to be taken into consideration concerning the scheduling of
future meetings. Mr. Greenwood said the grant program is first
come, first served and time is of the essence.
11. Summer Ragreation Program - Temp._ Reso._ #3590 -- Discussion
and possible action to approve the fee schedule for
enrollment in the 1985 Summer Recreation Youth Program.
SYNOPSIS_OF ACTION: TABLED
for a Special Meeting to be
called when proper backup is
presented.
Mr. Henning read Temp,_Reso.#3590 by title.
V/M Massaro said it would be helpful for.Council to have received
a report on how the fees worked out last year. City Manager
Johnson said the program last year was not supplemented by the
City and that is why the fees have been slightly increased to
cover the increase in costs involved. V/M Massaro said she would
like an actual break -down of what the City's costs were last year
including the number of enrollment involved. City. Manager
Johnson said a two week delay could cause a problem with enroll-
ment.
Mayor Kravitz suggested that this item be Tabled and, if the
information is received this afternoon, it can be reconsidered
this afternoon. He said if the information is not received
today, a Special Meeting will be calledas soon as possible after
the information is received.
V/M Massaro MOVED to. TABLE this item to a Special Meeting which
will be called when the proper backup is presented. SECONDED by
C/M Stein.
VOTE: ALL_VOTED AYE
Mayor Kravitz recessed the meeting until 1:30 P.M. for lunch.
J
26
4/10/85
/pm
Mayor Kravitz called the meeting to order at 1:30 P.M.
RQLL_ CAI%: pRESBNT =
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
Discussion• possible action.
Agendized by Consent.
(see Page 43 ) .
C/M Stein said during the lunch break, he had a delegation ask
him to Agendize by Consent a direction to the City Attorney to
draft a Resolution objecting to the School Board changing the
school boundaries. He said the reason this is being brought up
now is that they are having a School Board meeting on 4/16/85 and
he would like to be able to present that to the School Board
during that meeting. Mayor Kravitz suggested the Council liaison
handle this at that time and C/M Stein said the representatives
from the Sunflower/Heathgate and Woodmont Homeowners Association
have requested this. He said these people would like the Council
to go on record against the changing of school boundaries.
C/M Stein MOVED to Agendize this item by Consent, SECONDED by
C/M Munitz.
VOTE: ALL
BOARDS AM -COMMITTEES
welcoming Committee - Temp.,_.Res_0__J3573 - Discussion and
possible acti•
,SYNOPSIS OF ACT;QN: Agendized by Consent on Page 2).
APPROVED appointing Jack Weiner
with a term to expire on 5/11/86.
Mr. Henning read by title.
Mayor Kravitz said he asked to have this item on the agenda
because of the necessity to proceed with the plans for the future
trip. Mr. Henning said Council has in their backup, the previous
Ordinance 84-142, which provided for two appointments. He said
under the new Resolution, the Commissioner of Human Relations
would be under the Welcoming Committee and, part of this Resolu-
tion will repeal the previous appointments.
Mayor Kravitz nominated Jack Weiner for the position of Com-
missioner of Human Relations with no further nominations from
Council.
C/M Gottesman MOVED to APPROVE Ten, Reso. #35SECONDED by
V/M Massaro.
27
4/10/85
/pm
C/M Munitz said this Resolution does not spell out the duties of
the Commissioner of Human Relations and Mayor Kravitz said it
would come under the Welcoming Committee. Mr. Henning said it
comes under the Ordinance that was passed at the last meeting.
He said the duties, in essence, are identical to what they have
been. C/M Munitz the. Mayor's decision to have the official
signing of the.Sister City Agreement in. November instead of May
is degrading.
C/M Gottesman AMENDED his MOTION to include naming Jack Weiner as
the Commissioner of Human Relations. V/M Massaro as the SECOND,
accepted the amendment to the MOTION.
VOTE;
1. Law vis Xy__Committee - - Discussion and
possible action to repeal Section 2-45 (formerly Section 2-
30) of the Code (Ordinance 84-31) entitled "Law Advisory
Committee". First Reading.
SYNOPSIS rOF ACTION: APPROVED
on first reading.
Mr. Henning read by title.
V/M Massaro. MOVED APPROVAL of T_emg,_ Ord,,_ llB4 on first reading,
SECONDED by C/M Stein.
y.(7TE : ALL VOTED- AYE.
2. PlAnnin4 - COmmission - T&mp, _ Re o43588 --. Discussion and
possible action to appoint 2 regular members and 3 alternate
members to this committee.
SYNOPS : APPROVED RESOLUTION NO. R-85-123 PASSED.
appointing Emil Beutner and
Carl Alper as regular members with
two-year terms that expire on 4/15/87
and Jerry Leibowitz, Lee Rappeport and
Joseph Suiter as alternate members with
one-year terms expiring 4/15/86.
Mr. Henning read 12mp— Reso. , #3586- by title.
V/M Massaro nominated Emil Beutner and Carl Alper as regular
members and Jerry Leibowitz, Lee Rappeport and Joseph Suiter as
alternate members. C/M Munitz nominated Morris Glicksman as a
regular member. Mayor Kravitz noted that there are three nomina-
tions for regular members and Council must vote for two of the
three.
Emil Beutner
Morris Glicksman
Carl Alper
Morris Glicksman
Emil
Beutner
Carl
Alper
Emil
Beutner
Carl
Alper
28
4/10/85
/pm
�l
1
1
VOTE:
Emil Beutner
Carl Alper
Mayor Kravitz said Emil Beutner and Carl Alper are duly elected.
He said on the alternate positions there are two members who have
requested reappointment, Jerry Leibowitz and Lee Rappeport. He
said the nomination was Joseph Suiter.
C/M Stein said hearing no other nominations, he MOVED the nomina-
tions for alternate positions be closed and those three nominees
be appointed. SECONDED by V/M Massaro.
C/M Gottesman MOVED APPROVAL of as amended with
the names of those appointed inserted, SECONDED by
V/M Massaro.
3, fairs - Temp. ego. #35" -Discussion and
possible action to appoint twelve members to this board.
SYNOPSIS.OF ,TIQN: APPROVED. RESOLUTION NO. R-85-123 PASSED.
Mr. Henning read TV #3589 by title.
V/M Massaro said there is a recommendation from the. Chairman of
the Board of Consumer Affairs for appointment of a person who
resides in District 4 and she said this would make seven from
this District. She said she would like to see a position left
open for a person from a different District. She nominated the
following people who are reappointments:
Barbara Lubin
Herman Marin
Winnie Ostrum
James Benenfeld
Lawrence Gould
Peter Lawson
Mary Di Candia
Nat Cohen
Mannie Mishkin
Irving Lopatey
Harold. Blank
Tape 5 C/M Gottesman MOVED to REAPPOINT the eleven people named,
SECONDED by V/M Massaro.
V/M Massaro MOVED APPROVAL of as amended with
the insertion of the 11 names, SECONDED by C/M Gottesman.
24. Larry Bender - Discussion and possible action on a request by
Larry Bender for reimbursement of attorney's fees billed to
him by Louis H. Schiff, Esq.
ACTION: APPROVED
payment of Mr. Bender's attor.ney's
fees in the amount of $2,711.46.
29
4/10/85
/pm
Mr. Henning said there was a Motion passed by Council to remove
one of the Planning Commission members, namely, Larry Bender. He
said pursuant to that action the hearing was prepared and the
proceedings were initiated. He said during the course of the
proceedings in between the meetings, there were attempts to
negotiate and settle the dispute and, at first, those were not
acceptable. He said up to the last day of the hearing, all the
negotiations included the fact that attorney's fees would not be
included. He said during the.Council meeting of 3/13/85, there
was a last minute resolution to the problem and, in the haste of
attempting to resolve this, there was no ability on the part of
either party to resolve the matter of who should pay attorney's
fees.
Mr. Henning said the City paid his and Chris Carsky's fees as
they represented the Council. He said Mr. Schiff, who represent-
ed Mr. Bender, indicated that he would be submitting a bill and
Mr. Bender submitted that bill to Mayor Kravitz. He said the
amount of the fees plus related costs is $2,711.46. He said the
only court case in this matter was a case where Mr. Bender was
the Plaintiff and the City was the Defendant and he defended the
City's position before Judge Reasbeck. He said it is his opinion
that it would be legal to pay this bill but he is not convinced
that the City has a legal obligation it taken to court.
C/M Stein said there are two important factors involved, first,
the only court action was Mr. Bender taking the City to court and
he lost his Motion at that time. He said it is not usual that
the losing party gets legal fees and he felt the City would be
entitled to sue Mr. Bender for fees since he brought the City to
court. He said throughout the proceedings, the City emphatically
stated that no legal fees would be paid by the City. He said
this matter was resolved by Mr. Bender admitting the charge even
though he said he did not realize the extent of what he did.
V/M Massaro said this is a most regrettable incident since the
charges should never have been made and Mr. Bender did not state
he had done anything wrong. She said he was forced to make a
statement that he objected to very strongly but he did not want
to make fees run any higher than they were.
V/M Massaro MOVED to pay this bill, SECONDED by C/M Gottesman.
V/M Massaro said the City was paying for two attorneys for C/M
Stein's part of the action as well. Vickie. Beech, resident, said
she concurred with V/M Massaro.
VOTE:
C/M Stein
Nay
C/M Munitz
Nay
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
25. City_ Council- LegiB.J jItaLyp.,.. Aides - T€=,mod. #1185 -
-Discussion and possible action to repeal Section 2-11.3 of
the Code (Ordinance 84--8) entitled "Legislative Aides".
First Reading.
2yD]OPSIS_ OF,ACTION: APPROVED
on first reading.
Mr. Henning read by title.
it
[1
11
30
4/10/85
/pm
V/M Massaro MOVED APPROVAL of .on first reading,
SECONDED by C/M Gottesman. .
COMMUNITY_, UVE OL PMENT
34. Tamarac Jewish Center -
eso. 13598 - Discussion
site .plan for a 2-story
lounge.
C/M Stein
Nay
C/M Munitz.
Nay
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
Revised- Site_ Plan - Temp,
and possible action on a revised
addition for classrooms and a youth
SYNQPSIS_OF_ACTION: APPROVED. RESOLUTION NO. R-85-130 PASSED.
Mr. Henning read Temp._Reso,_#3598 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso, 43598, SECONDED by
C/M Munitz.
18. Public_Solicitina - Tie — Ord,_IIIS2 - Discussion and
possible action to repeal Chapter 22 of the Code and create a
new Chapter 22 entitled "Public Selling, Hawking, Soliciting,
Peddling and Canvassing on Public Roadways and Thoroughfares"
Second Reading.
SYNQPSTS OF_ACTIONi: TABLED
to a future meeting. The
Public Hearing was held.
Mr. Henning read Temp,_Ord,A11B2 by title.
Mr. Henning said this Ordinance approaches two different sub-
jects. He said it is in part a door-to-door solicitation Ordin-
ance which needed to be addressed because of the..Florida Con-
sumers Federation lawsuit that was in the City recently and has
been resolved. He said the second aspect is the public sales
involving newspapers and other products from streets, street
corners, sidewalks, etc. as opposed to the door-to-door aspect.
He said the City has been visited by representatives of the Fort
Lauderdale News and he suggested the public hearing be held with
input from the public and the representatives of the Fort Lauder-
dale News. He further suggested that this item be Tabled.
C/M Munitz asked if this Ordinance includes the terms of the
settlement of the lawsuit that was mentioned and Mr. Henning said
yes. He said at first reading of this Ordinance, Council had
asked for a Hold Harmless Agreement from the Fort Lauderdale News
and this has not been received. Mayor Kravitz opened the public
hearing.
Arthur Carnes, Manager with Merrill Lynch Realty, said one of his
IN associates has been advised that they can no longer solicit
business in Tamarac under this Ordinance.
31 /
4/10/85 J
/pm
Mr. Carnes said they were told by the License Inspector that they
must get the Solicitor's license, pay $50.00 per month, get the
physician's certificate, pay a $1,000 surety bond, and 3 photos.
Mr. Henning asked Mr. Carnes if he was referring to soliciting
real estate business on a door to -door basis and Mr. Carnes said
yes.
Mr. Henning said someone soliciting with door-to-door sales would
come under this Ordinance and there is a provision for a waiver
of the requirements upon application to Council. Mr. Carnes said
they are licensed by the. State of Florida and Mr. Henning asked
if Mr. Carnes is suggesting that if a solicitor is doing the
business for which he is already licensed by the State, he should
be able to have some of these requirements waived. Mr. Carnes
said that is right. Mr. Henning said this is a valid suggestion
for Council to consider before final approval. Mr. Carnes said
this $50.00 fee is in addition to the $50.00 Occupational. License
where a copy of the Real Estate License has to be submitted.
Mr. Henning said the Council has certain police powers to regu-
late the streets and sidewalks and this is not necessarily a
First Amendment protected activity such as speech, religion or
press but in the past Council has taken a hard stance on door-to-
door solicitation for non -protected acitivites. He said these
changes could be made if Council so desired. V/M Massaro said
these things can be considered further by Council.
Ray Ferraro, representative of the Fort Lauderdale News/Sun
Sentinel, said they have obtained the Hold Harmless that the City
has requested. He said it is not their intention to blanket the
City with any of the vendors but they do intend to have one
location at 441 and Commercial Blvd. with one vendor. He said
before they would go any further they would again contact the
City offices and the Police Department to advise them and would
not take any action before discussing this with the City. He
said they are not asking that the Council ignore the existing
Florida Statute with respect to any particular vendor who might
be obstructing traffic. He said they recognize that that would
be within the valid Police power and they would be cited.
Mr. Ferraro said they are asking for a meeting with the City
Attorney to discuss the form of the Hold Harmless so that it will
be satisfactory to all parties. He said there is a provision in
the Ordinance which applies to the selling of newspapers within a
certain period of time of a religious service. He said they
would like to point out that certain churches and synagogues
throughout the County do purchase newspapers wholesale from the
newspaper and then resell them for their own funds. He said the
prohibition of the 150-feet from various intersections could be
more of a safety problem than allowing the vending of newspapers
at the stop light. Mayor Kravitz closed the public hearing with
no further response.
V/M Massaro MOVED to TABLE this item to a future meeting,
SECONDED by C/M Gottesman.
Cl
32
4/10/85
/pm
Discussion and possible action to grant a special exception
to permit on -premises consumption of beer and wine at Surf &
Turf Restaurant at 5435 N. State Road 7 in Lakeside Plaza,
which is zoned B-2 (Planned Business District).
SXNOPSIS : APPROVED. RESOLUTION NO. R-85-127 PASSED.
with normal operations as stipulated
in the Code and the license is non-
transferable except by Council approval.
Public Hearing was held.
Mr. Henning read by title.
Mayor Kravitz opened the public hearing. Mr. Henning said this
is located at the Lakeside Plaza Shopping Center on State Road 7
just north.of Commerical Blvd. and he suggested identifying on
the Exhibits the location of the Bays involved, which are F and G
of Building C.
Morton Student, resident, asked if the beer and wine they are
requesting to serve will only be served during meals and V/M
Massaro said during the Planning Commission meeting, they indica-
ted that beer and wine would be served only with meals.
C/M Gottesman asked the hours involved and V/M Massaro said they
should have uniform hours as allowed by City Code. Mayor
Kravitz closed the public hearing with no further response.
V/M Massaro MOVED APPROVAL of Tpmy._Rao. 43594 for Special
Exception for on -premises consumption of beer and wine at Mano/-
Bal, Inc. d/b/a Surf & Turf Restaurant. She said this would
include the normal hours as indicated in the City Code, SECONDED
by C/M Stein. V/M Massaro added to her MOTION that this must be
a non -transferable license without Council approval. C/M Stein
accepted as the SECOND.
VOTE: AL YQTZIL&U
20. - Tgmm- Discussion and
possible action to repeal Section 2--41 of the Code (Ord-
inance 84-65) which created this committee. Second Reading.
SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-9 PASSED.
on second and final reading.
Public Hearing was held.
Mr. Henning read #1181 by title.
Mr. Henning said on 11/28/84 Council created a Charter Review
Committee pursuant to the City Charter and, although it is lawful
to have such a Committee, the Council has directed him to prepare
an Ordinance repealing that Committee. He said he does not
believe any appointments were ever made to that Committee.
Mayor Kravitz opened the public hearing. Zeke Feldman, Charter
Board member, said he is opposed to the Charter Review Committee.
V/M Massaro MOVED APPROVAL of __U1.$1 on second and
final reading, SECONDED by C/M Gottesman.
VOTE; ALL VOTED_AYE
21. - Tema. Dt_d_. #1 -
Discussion and possible action to create. Section 2-44 of the
Code establishing this committee. Second Reading.
SYNOPSIS -OF -ACTION: APPROVED ORDINANCE NO. 0-85-10 PASSED.
on second and final reading.
Public Hearing was held.
33
4/10/85
/pm
Mr. Henning read Temp, OrdA1178 by title.
Mr. Henning said there are 3 to 5 voting members with certain ex--
officio members, the.Mayor and the Finance Director or his de-
signee, and he questioned whether the City Manager or his
designee should be considered. City Manager Johnson said the
Finance Director is part of staff and it is not necessary for him
to be an ex-officio member.
Mayor Kravitz opened the public hearing. Morton Student, resi-
dent, said he is in favor of this committee. Mayor Kravitz
closed the public hearing with no further response.
C/M Gottesman said he feels this Committee would be helpful for
the City and he MOVED APPROVAL of Temp. Ord. #1178 on second and
final reading, SECONDED by C/M Munitz.
22. Tamarac utilities Bast -- Ggant Reyenues - Temp, Ord.
J11B3 -.Discussion and possible action to create Section 27-
36.1 of the Code pertaining to State of Florida Wastewater
Grant Revenue Generation System Requirements. Second Reading.
APPROVED ORDINANCE NO. 0-85-11 PASSED.
on second and final reading.
Public Hearing was held.
Mr. Henning read Temp. Ord. #1183 by title.
Mr. Henning said the. Ordinance does not specify a specific rate
change for the consumers. He said the rate change is addressed
in the next item as to the number of dollars affected. He said
pursuant to the grants which the City has applied for which
involve millions of dollars, one of the requirements is that the
City establish a particular fund called the Revenue Generation
Fund. He said once this fund is established, certain specific
dollars must be placed in there until a particular balance is
reached. He said there is an annual deposit into the fund of
$8,675.09 until there is a balance of $347,003.60.
Steve Wood,.Finance Director, said the purpose of the deposit to
the fund as required under the State of Florida. Administrative
Code, 17-50, is to avoid the. State giving a City a grant to do a
project more than once. He said they have established a Capital
Construction Fund and the deposits into this fund can be used for
any worthwhile construction purposes as long as they are sewer
related. He said this deposit is required in order for the City
to accept this grant.
Mayor Kravitz opened the public hearing. Bernie Campbell, resi-
Tape 6 dent, asked if the amount deposited per year is limited to
$8,675.09 and V/M Massaro said this requires that it be deposited
"at least annually" into this Sewage System Capital Improvement
Account. She said the amount does not seem to be flexible. She
asked the Finance Director if this amount has been set by him or
was it determined by the grants people. Mr. Wood said.it is
based on the design life of the project. He said the State of
Florida has established a formula and when the numbers are plug-
ged into the formula with the design life it gives the annual
amount of the deposit and computes the maximum amount of deposit.
He said that amount is $8,675.09 which is the minimum annual
deposit to the fund and the maximum that the fund ever has to
have is $347,003.60.
1
34
4/10/85
/pm
Mr. Wood said the City could always deposit above the minimum
amount and the money must come from either rates or retained
earnings in reserve of the system. V/M Massaro asked if this was
a requirement and Mr. Wood said that is correct.
Mr. Campbell asked the purpose of this fund and City Manager
Johnson said the reason for this particular fund was the item
that was voted on by the people in the last election approving
the acceptance of a grant to put in a gravity sewer system into
that section of the City. He said the City has accepted the
grant and this is to take care of the people now on septic tanks.
Mr. Campbell asked how much the grant is for and Mr. Wood said he
does not know off hand. City Manager Johnson said the City's
share of eligible costs is 55%. He said the.state does not only
make the City match the part related to the grant, but also the
amount of the total project cost. Mr. Wood said the money de-
posited there is for Capital Sewer Improvements to the East
system, therefore, the funds deposited there can be used to
provide other capital relief to other projects in the East sys-
tem. Mr. Wood said the grant amount is $123,750 and the $347,000
is based on the State's assumed inflationary factor to replace
that project.
Mr. Campbell said the East Fund had approximately $400,000 that
was paid on over -charges and he asked if this money was going to
be used. Mr. Wood at the last. Council meeting the. City. Manager
said it was staff's recommendation to return to Council with a
rate Resolution, which is on the agenda today, which pays the
$8,000 amount as an addition in utility rates to the consumers of
the East system. City Manager Johnson said there are two.pro-
jects that have been approved by the voters to be done in the
east section, first, the grant project which the $123,000 grant
is part of to replace the septic tank and, second, was the.
approval to recondition and replace the 6 pumping stations in
that area for approximately $250,000.
City Manager Johnson said when those lines are put in the.East
section, the individual property owner will pay back into this
fund the connection charges required to hook onto the sewer. He
said that money will go back into the reserve fund that.Mr.
Campbell is talking about. He said in the future,.if the Council
finds that the funds are such in that reserve they can make a
deposit to this account to bring it up to the necessary amount
and delete this $8,000 amount.
Mr.. Campbell asked if the money the City will use to install the
sewer line will be the approximate $400,000 that was over -charged
in the past to the residents of the east section of the.City.
V/M Massaro said the most important thing at this moment is to.
get the people off the septic tanks and whatever money is due the
people -over there will be given to them. she said what belongs
to them will remain theirs. Evelyn.Lang, resident east of 441,
said the residents in her area have lost confidence in Council's
reports and she thanked V/M Massaro for vowing to assure that the
money due this section will remain there..
Sam Pizzarello, President of Tamarac. Lakes South, said they.are
asking for some reassurance that none of the accumulated over-
charges will be used toward any project in any other part of the
City. Rita Schaffner, President of Tamarac. Lakes I and II, said
the sewers are badly needed in that area. Mayor.Kravitz closed
the public hearing with no further response.
J
35
4/10/85
/pm
C/M Munitz asked Mr. Wood what the retained earnings are for
Tamarac Utilities East and Mr. Wood said he is not certain of the
amount. C/M Munitz asked where this money is to be deposited and
Mr. Wood said the. Ordinance determines that the funds are to be
deposited to the. Capital. Construction.Fund under the Utilities
East system. He said it will be part of what is now the. Reserve
Fund of Utility East. C/M Gottesman suggested to Mr. Wood that
Paragraph 1 where the amount of $8,600 is mentioned, the words
"at least" should be used to clarify that is a minimum amount.
Mr. Wood noted that the next paragraph states, "Prepayments to
the account are allowable". He said the State stipulates that if
the City has enough money accumulated to equal the composite of
those annual payments, the City need not make a deposit to the
fund that year. He said that is the relief that the State has
granted to the Cities that are accepting grants. C/M Gottesman
referred to #4 which states, "and may be withdrawn and used any
time for this purpose". He said it does not state how much can
be withdrawn and he suggested some statement should be put in
there to clarify it. He said it further states, "the amount of
withdrawn funds must be replaced or returned to the Capital
Improvement Fund" and he questioned what period of time would be
involved.
Mr. Wood said this is all specified by the formula and C/M
Gottesman suggested this formula be attached to the Ordinance.
Mr. Wood said the State has the ability to amend the formula at
any time and he said it is outlined in a memo of 3/22/85. He
said the purpose of allowing the funds to be withdrawn from the
account and used for other purposes is for any capital project in
the east system. C/M Gottesman asked is there a limit as to how
much can be taken out and when must it be returned. Mr. Wood
said at the end of an annual period the City must meet the
required deposit under the formula, therefore, if an amount is
withdrawn, enough must be replaced to cover this. He said this
is also stipulated in 1750.017 of the Florida Administrative
Code.
C/M Stein said this is why he went to Tallahassee last August and
the inequity of the situation is that what is allegedly a grant
is really a mortgage loan and the total amount must be included.
He said the members of the Legislature are trying to amend this.
He said there have been many formulas proposed but, at the pre-
sent time, this is the only way to get the grant.
V/M Massaro assured the people that the money is secure. She
MOVED APPROVAL of Temp —Ord. _#1183 on second reading, SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
Mr. Wood noted that the question was asked about the retained
earnings and reserve of the East System and, as of 9/30/84, they
total $390,546.00.
23. Tamarac UtilitieB-BaBt - Temp,_Reso._#3587 -- Discussion and
possible action to modify certain water and sewer service
rates and charges applicable to customers east of State
Road 7.
SYNOPSIS —OF ACTION: APPROVED. RESOLUTION NO. R--85-128 PASSED.
Public Hearing was held.
Mr. Henning read Temp. Reso. #3,507 by title.
1
36
4/10/85
/pm
Mr. Henning said this is a unique situation because it is a
Resolution but, by Ordinance, it is a public hearing since rates
cannot be raised unless there is public notice given and an
opportunity for the public to be heard. He said this is an
implementation of the Ordinance which Council just passed. He
said the revisions from the prior rate.Resolution, which was
84-287, appears to be an increase in the single-family residen-
tial sewer rate. He said it would be $3.20 instead of $2.50, an
increase of $.70 per household. He said there are some increases
in the commercial rates on Line 27 from $8.20 to $10.50. He said
the surcharge for 25% of the bill for customers served outside
the City has been removed and the special rates for Condominium,
Cooperatives and Homeowners Associations has been deleted.
V/M Massaro said it should be stressed that there is no increase
in the water rates. Mayor Kravitz opened the public hearing.
Sam Pizzarello, resident, asked if the increase of $.70 was per
month or per billing and Mr. Henning said per month.
V/M Massaro MOVED APPROVAL of Temp._Reso,_.#35BT, SECONDED by C/M
Stein.
13. Cbaxter_B.Qard - Discussion and possible action on:
a) Request for a full-time secretarial position
b) Necessary budget transfer
SYNOPSIS OF ACTION:
APPROVED a) and b).
Mayor Kravitz said this item was requested by the Chairman of the
Charter Board. C/M Stein said he has not seen this item on the
agenda of the Charter Board and he questioned by what authority
the request was made. Morris Haber, Chairman of the Charter
Board, said they all met and decided at an administrative meet-
ing. C/M Stein said according to the Sunshine Law, as an elected
board, the Charter Board cannot have a meeting without notice to
the public. Mr. Haber asked if, as Chairman, he may not decide
he needs a full-time secretary and whether he can poll each
member. Mr. Haber said he polled the members of the Charter
Board on their feelings.
C/M Stein questioned whether this was a violation of the Sunshine
Law. Mayor Kravitz asked Mr. Henning if the Chairman has the
right to make this recommendation and Mr. Henning said.Council
received a memo in the backup and he is of the opinion that if
the Chairman took it upon himself to ask Council to do that it
would be proper. He said if he had been asked in advance, he
would have advised that the Charter Board not poll the members
for a conclusion as to whether a full-time secretary is needed.
Mayor Kravitz said C/M Stein is asking whether Mr. Haber, as the
Chairman, proposed it or whether it was an action of the entire
Charter Board and Mr. Haber said he proposed it.
Tape 7 C/M Stein said he questioned when this was done and that Mr.
Haber had said it was done at an "Administrative Meeting".
Mr. Haber said he is not sure.
a) C/M Munitz MOVED to TABLE any further consideration of this item
until the Charter Board has an official meeting for discussion of
this item.
37
4/10/85
/pm
Mr. Haber said he understood that the Chairman may make an
official request and C/M Stein said the Council has a right to
ask the Chairman to poll the Charter Board. Mayor Kravitz said
he feels the. Council should not instruct the Charter Board to
meet and he was opposed to tabling this item. C/M Stein said if
a. Chairman is allowed to make a request, the other 4 members of
the Charter Board have had no input. He SECONDED the MOTION.
C/M Stein
Aye
C/M Munitz
Aye
C/M Gottesman
Nay
V/M Massaro
Nay
Mayor Kravitz
Nay
V/M Massaro asked if the difference in the total amount of
$1,450.00 was to finish the current year and City Manager Johnson
said yes. V/M Massaro said if the Chairman feels that strongly
that a full-time secretary is needed, she MOVED that the Charter
Board should be AUTHORIZED to hire a full-time secretary,
SECONDED by C/M Gottesman.
YnTE:.
b) City Manager Johnson said 4 Motions are needed to take care of
the transfers necessary. V/M Massaro MOVED APPROVAL of the
following necessary budget transfers: (See Attachments 1 through
4). SECONDED by C/M Munitz.
• *.
35. .Jr4ki1g-
$tyised_Site Plan - - Discussion and
possible action on a revised site plan reflecting revised
traffic access on NW 88 Avenue and deletion of 39 two -bedroom
units and construction of all one --bedroom units.
MOPS -IS -OF ACTIQN:.APPROVED RESOLUTION NO. R-85-131 PASSED.
with conditions.
Mr. Henning read Tem#3599 by title.
Richard Rubin, Consultant City Planner, said several months ago
the City approved a revised site plan for this project, which at
that time was known as Concord II. He said due to several muni-
cipal requirements, the applicant has been requested to submit a
plan for revision and approval by Council. He said on Page 4 of
the Development Review Status Sheet, they have listed each item
that has been changed on the drawing.
Mr. Rubin said some of the major changes are:
1. that the name of the project has now been determined to be
called the "Boardwalk Apartments" and is no longer Concord II.
2. the 3-story buildings are 30-feet back from the road as
required by Code.
3. they are providing gang mailboxes as required by the Post
Office and he is asking Council permission to allow the appli-
cant to locate them in a proper location prior to Certificates
of Occupancy.
4. they are providing a right -turn lane from Pine Island Rd. to
61 St.
i
R
•
9
38
4/10/85
/pm
5. there is a fee of $556.03 due for that right -turn lane and he
has already paid this fee. (the receipt was submitted to the
Assistant City Clerk at the meeting).
Mr. Rubin said they are recommending approval of the revised site
plan subject to the following:
1. that the applicant works with the Post Office to determine the
most appropriate location for the gang mailboxes.
2. there are numerous on -site easements required in this project
but according to the City Code, it is not required that those
be accepted by Council until the project is complete. He said
they are, therefore, asking that all on -site easements to be
approved by Council prior to releasing the improvement bond
and acceptance of the Bill of Sale for the utility.
3. they have just determined the cost for the landscaping por-
tion, which totals $11,542.41, and shall be paid prior to
obtaining a building permit.
Mr. Rubin said at the last meeting, the applicant agreed to make
this project all one -bedroom units restricted to adults. He said
the site plan before Council clearly indicates in two places that
it will be an adult community with one -bedroom units. V/M
Massaro asked Mr. Rubin if the "adults only" is by deed restric-
tion and Mr. Rubin said no, but it is stipulated on the site plan
and he is only building one -bedroom units.
Julian Bryan, representing Dinerstein Builders, said they have
determined that their leasing policy will be to no one under 16
years of age. V/M Massaro asked if this would be subsidized
housing and Mr. Bryan said there was discussion relating.to bond
financing as a source and there was no restriction to adults only
if the housing type was such that did not lend itself to famil-
ies. V/M Massaro asked if it would be a problem for them to deed
restrict this.
Gary Campbell, representative of Dinerstein.Builders, said the
type of -financing on this property is not subsidized, it is tax-
exempt financing that was arranged for the classification of
low -to -moderate income. He said the documents that were executed
after the initial site plan approval last year called for the
rental of the property to adults only. He said if they put a
deed restriction onto the property at this point in time they
will lose their financing and are in violation with the tax code
for this particular type of financing.
Mr. Henning said for the record this is through the. Florida. State
Housing Finance Authority and not through the Broward County
Housing Authority. Mr. Campbell said no, this is through the
Broward County Housing. Authority.
C/M Stein MOVED APPROVAL of Temp.Reso. #3599 with all restric-
tions as stated by the City Planner, SECONDED by C/M Munitz.
Mr. Henning noted.that if the site plan refers to adults, that
would refer to people 18 years of age and older. Jim Godin,
Charter Board member, said he resides in this area and he objects
to this approval. Mr. Rubin said this morning the applicant
requested a sign be placed on the property and they were advised
that their site plan, as proposed, does.not locate any signs. He
said in order to preclude them going through the system again,
they are seeking permission to locate the ground signs on the
drawing. He said the Beautification Committee will still review
the design and color but this is just for location purposes.
J
39
4/10/85
/pm
Mr. Bryan showed the location of the ground sign on the revised
site plan.
NIT
WO 11M x
V/M Massaro asked Mr. Campbell if this could be deed restricted
to the one -bedroom apartments as they are now shown. Mr.
Campbell said they approached that concept last year and they
were advised by both the Housing Authority Attorney, Bond Finance
Attorney, as well as their own attorneys, that the best way to
accomplish the adult community would be to build into the docu-
ments the land use restriction agreement. He said verbiage that
would state that they, due to health reasons, cannot rent to more
than 2 people in a one -bedroom unit.
15. -'.e D. Re s o .
1360l-- Discussion and possible action
SYNQM_B OF A9T=:
Temp. Res.Q--436-01 was RESOLUTION NO. R--85-126 PASSED.
Agendized by Consent and
APPROVED. There will be
no future payments as of
1985.
Dan Saale, Deputy Finance Director, said they would like to see
the elimination of the quarterly medicare reimbursements. He
said the reasons are that it has outlived its usefulness due to
some changes in the law which have occurred since this was ini-
tially started. He said it is causing discrimination between
different ages of employees since when an employee is 65 years of
age or older, they are eligible for Medicare and they have the
Medicare Part B supplement to their regular insurance. He said
presently, the City is reimbursing employees that are on Medicare
for this supplementary Medicare Insurance. Mr. Saale said if an
employee younger than 65 tried to purchase the same type of
supplementary insurance at a cost to themselves, the City does
not reimburse them. He said, due to this inequity, they would
like to eliminate the entire Medicare supplementary
reimbursement.
C/M Munitz asked Mr. Saale how the Tax Equity Fiscal Responsi-
bility Act addresses this and Mr. Saale said originally they were
going to have employees of the City elect to either take Medicare
as primary or the City's policy as primary. He said if they
elected Medicare, they would not have the City's policy become
secondary, however, if they elected the City's policy, they would
be allowed to have Medicare as secondary. He said the. Government
more or less forces the employee to take the employer's insurance
and release the Social Security system from being the primary
carrier. He said that has been changed slightly by a new. Act
called the Deficit Reduction Act which states that under CAPRA,
the spouse had to elect in the exact same manner as the employee.
He said they are now allowing the spouse to select whatever is
desired.
Mr. Saale said with the new D.R.A. it states that the employer
was no longer required to make any type of Social Security Part B
reimbursements to the employees as it might have alledged in the
past due to some type of discrimination that could have been
placed upon older employees vs. younger employees.
1
['A
40
4/10/85
/pm
1
4
Mr. Henning said that although the agenda did not indicate it,
there is a Resolution, TguiV_. ReFQ. #3601 and staff is looking for
direction from Council.
City Manager Johnson said there is a question about the legality
of the City making the payments. He said the original instruc-
tions were from the Council, not from the City.Manager..
Mr. Henning said there are two classes here, the employees and
the public officials with both having health insurance and they
are under this subject. He said the health insurance to Council
is provided by Resolution and, for that reason, it was decided
that a Resolution should be used if alteration of the benefits is
desired. City Manager Johnson said the majority of the people
under this blanket are the elected officials, not the average
employee. He said as far as the regular employees, it will be a
matter of record today that it will cease today.
C/M Munitz MOVED to Agendize by Consent ,
SECONDED by C/M Stein.
OW1
Mr. Henning read dip. Reso. #3601 by title.
Mayor Kravitz asked the effective date of discontinuance, and.Mr.
Saale said D.R.A. took effect l/l/85 and he requested this become
effective with that date. He said no payment has been made for
the first quarter of 1985 pending this discussion. Mr. Henning
said Council would just be directing the Finance Department not
to make any 1985 payments.
C/M Stein MOVED APPROVAL of T9Pp,_*_ , SECONDED by
C/M Munitz.
VOTE
14.
J
1983Z 4 Audit - Discussion and possible action
41
4/10/85
/pm
regarding submittal of a Management Letter to the City by
Touche Ross & Co.
SYNOPSIS OF ACTIO : (See Pages 16 & 17).
No action was necessary since the Management
Letter was not yet received from
Touche Ross & Co. A meeting was
scheduled for 4/11/85 in the City
Manager's office to discuss this.
Mr. Henning said the Management Letter is not in-house and he had
a telephone conversation with them over the lunch break and have
set an appointment for 8:15 tomorrow morning with the auditors,
Mayor Kravitz and the City Manager to review the rough draft of
the Management Letter. Mayor Kravitz said no action was nec-
essary on this item.
V/M Massaro asked if the Council will get a copy of the rough
draft of the Management Letter and she noted that no one had any
right to change anything in the Letter before Council reviews it.
Vickie Beech, resident, said she has waited several weeks for
this Management Letter and she suggested in the future that a
different auditor should be brought in every two years.
26. Water_ - Temper Ord. #119-a - Discussion and
possible action to adopt the rules of the South Florida
Water Management District, Chapter 40 E-21, Water Shortage
Plan dated December, 1984 (as may be amended). First Read-
ing.
SYNOPSIS OF A : TABLED
for further review.
Mr. Henning read Tema. Ord. #1193 by title.
Mr. Henning said for some reason, Broward County has declared an
emergency and they are passing a similar Ordinance on an emer-
gency basis. He said Chapter 40 E-21 is the State Regulations
that this Ordinance is adopting. He said there are various
stages of urgency and this defines what they consider a moderate,
severe, extreme and critical water shortage. He said there are
various stages of controls that come under each of these four
degrees of concern. He said if there is a moderate water short-
age then the City should encourage voluntary cutbacks.
Mr. Henning said it is important that Council did not pass the
Resolution on the water pressure until this Ordinance is passed
on final reading because, when this Ordinance is passed, that
type of Resolution for a cutback may be mandated if a moderate
water shortage is declared. He said in discussion.with the
utilities Director/City Engineer this morning, he indicated that
the South Florida Water Management District may have already
declared a moderate water shortage. He urged Council to review
some of the restraints, whether residential or commercial.
C/M Gottesman MOVED to TABLE this item for further review.
C/M Munitz asked what compulsion there is to comply with this and
Mr. Henning said on Page 4, Section 27-67 states that there is a
$50.00 fine per day and the City would only give first warnings
and after that would impose penalties. V/M Massaro SECONDED the
MOTION.
1
42
4/10/85
/pm
48.
Authorize thg City &ttgrneyto prepare aR- • • !
•• !•aries - Discussion and possible action.
5YNOPSIS DF-ACTION: Agendized by Consent on Page 27).
TABLED to the 4/15/85 Council Meeting
at 4:30 P.M.
C/M Stein said this is an emergency because the School Board is
meeting on this matter on 4/16/85 and the residents of Tamarac
who are affected object and are requesting Council support. He
said he is requesting Mayor Kravitz send a letter to the School
Board opposing the change of the school boundaries. He said this
. change in boundaries would send the students who live in Tamarac
to Piper High School in Sunrise instead of Taravella High School
in Coral Springs. Mr. Henning noted that this would endorse the
status quo of school boundaries in the City limits of Tamarac.
Mayor Kravitz said he is in favor of this except that Council may
be opposing individual schools or members of the School Board.
He said he has spoken to various schools and there is concern and
he suggested this be Tabled to the 5:05 Council meeting on
4/15/85 for more information. C/M Stein said he has no objec-
tions and he suggested that a Resolution be drafted by the City
Attorney.
Mayor Kravitz asked to have this Agendized for the 4/15/85 Coun-
cil meeting and the City Attorney will be authorized to arrange
that.
V/M Massaro MOVED that this item be.TABLED to the meeting of
4/15/85 at 5:05 P.M. and the City Attorney is instructed to
prepare the Resolution with input from Mayor Kravitz. SECONDED by
C/M Gottesman.
Ploy"
4 . • �.
Mr. Henning said he was not able to get answers to the question
concerning the Bradford Trust on the other case but he is still
looking into that. He said they have not actually filed the
papers in the Court as yet, therefore, he was not at liberty to
mention the defendants. He said as far as progress, there are
two additional lawsuits that will be filed in Federal Court this
week on behalf of Tamarac in further pursuit of the recovery of
the money. He said those will be the second and third lawsuits
because the first suit is the intervention with ESM into the
S.E.C. action, which is already filed in the Southern District.
Mr. Henning said he will give Council a report as soon as he has
information but he was not at liberty to discuss the defendants
at this time. He said there is another item of business
regarding ESM which is a funding question. He said Council
authorzed up to $10,000 for Morgan, Lewis and Bockius and they
have now prepared three lawsuits and had conferences with the
City and met with Mr. Tew and that amount is exhausted. He said
Morris Brown of Morgan, Lewis and Bockius has suggested that he
would be present at the next Regular Council meeting on 4/24/85
to discuss their progress. He said he would like to be able to
tell Mr. Brown that he is authorized for additional money.
43
4/10/85
/pm
Mayor Kravitz suggested this be agendized for the 4/24/85 Council
meeting and, after Council hears the report, a decision of pay-
ment can be made. Mr. Henning said in order to defend the City,
Morgan, Lewis and Bockius will have to ball more than the $10,000
that has originally been authorized. Mayor Kravitz asked if they
ever billed the City for the $10,000 amount and Mr. Henning said
no, they were asked to submit a bill. Mr. Henning said after
discussions with Mr. Brown, it is evident that they have spent
the $10,000 amount and would need another $15,000 to $25,000 to
cover the next few weeks or months.
City Manager Johnson said the point should be made that even
though the suits are filed, part of the legal fees, if the City
wins the case, are recoverable under the suit. Mr. Henning said
there was a question raised previously by V/M Massaro as to
whether or not legal fees are recoverable. He said the fees that
are recoverable under the bankrupt estate would not actually be
the City's attorney's fees but would be the fees of Mr. Tew and
his people that are working for the Court. He said the priority
of attorney's fees under bankruptcy would not apply to the City
of Tamarac. He said the City is, however, in the pleadings
alledging as damages the attorneys fees and there is hope to
recover that.
C/M Stein said the City should limit the discussions with Morgan,
Lewis and Bockius since it is expensive and requesting they come
before Council may be unnecessary. Mayor Kravitz said the
subject of fees will be discussed after the Council hears their
report at the next regular meeting.
Mayor Kravitz adjourned the meeting at 4:35 P.M.
MAYOR
ATTEST:
ASSISTANT CITY CLERK _.
This public document was promulgated at a cost of $328.00 or
$9.13 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.
44
CITY 4r TAM C
APPROVED AT MCETING3 OF
City Cierk
1
4/10/85
/pm
The following is a partial Verbatim Transcript from the City
Attorney's Report at the 4/10/85 Regular Council Meeting:
Mr. Henning: I have three reports, one is an update on the ESM
matter and I'll ask to make that part after lunch because I have
a phone call in to our attorneys to see if there are any later
events.
Mayor Kravitz: May I suggest that you give the report and if
there's something you can add it later.
Mr. Henning: Yes.. The other item is I sent a memo out to the
Council and to the Charter Board several days ago when I received
notice that the Revenue -Bond validation hearing has been set
before Judge Andrews for Monday, April 22, 1985 at 4:00 P.M. in
Judge Andrews' Chambers in the Circuit Courthouse on 6th St. on
the fifth floor. That's for the Revenue Bond Validation
Hearing. This is not the City Hall Bonds but these are the
Sewer and Wastewater Improvement Bonds.
Also, I'm working on an outline regarding conducting public
hearings and, just some suggestions. Since the election, I
thought it might be helpful to have a meeting with the Council
just on procedures and possibly, with the Planning Commission
since they handle zoning matters too. I would like to make
myself available to conduct maybe a 30 minute session with the
Council to discuss helpful procedures in conducting public hear-
ings if Council would like to entertain that in the near future.
Mayor Kravitz: Will you be sending me a memo on that so I can set
up a public hearing?
Mr. Henning: I can do that, fine, fine. I would like to withhold
comments on the ESM matter until after lunch. We did have a very
good meeting with our attorneys a couple of days ago. Let's just
say that they are considering additional lawsuits at this time
and I would like confirmation that they have been filed before we
make any announcements. As you probably know, we already have
intervened in the local action with the Securities and Exchange
Commission vs. ESM and we have intervened in that lawsuit in the
southern district of Florida here in Fort Lauderdale along with
other cities. But, there may be other suits that are filed and I
would like to be sure that the papers are in the Courthouse
before I make any announcements.
Mayor Kravitz: All right, you want to hold up that particular
report until this afternoon.
Mr. Henning: Yes, that's all I have.
C/M Munitz: Question, if I may, Mr. Mayor. Jon, do you expect to
hear from our own attorney before...
Mr. Henning: Today.
C/M Munitz: Today. Would you ask this particular question of him
and maybe we can get an answer. This B.B.S. & D. that went
bankrupt, I think I have the initials right. Sounds like B.D.S.,
whatever... they were trying to set up a possible relationship
between ESM and this company and the one name that struck me as I
read the newspaper accounts was that the Bradford Trust Co. also
held the securities for this company as well as for ESM, as we
know. And, I would be curious as to whether that particular
aspect has been investigated further.
Mr. Henning: O.K.
Mayor Kravitz: All right.
City Manager gave his Report.
4
4/10/85 (%
/pm
Further comments on City Attorney's Report:
Mayor Kravitz: Yes, come right up.
Vickie Beech: Thank you very much. Vickie Beech, resident,
Section 20. In regards to the Bond validation, I think there's
...........
also another part that you didn't bring out that was advertised
in the paper and I'd -like to question, what is the refunding o
the sewer... of the past bond issue? Why are you asking for that
refunding?
Mr. Henning: Well, this was discussed at an earlier meeting and I
gave you a general overview and deferred the details to our
Finance people but there was... basically, we have about a 15
million dollar bond issue out on the purchase of the sewer plant
from 1979. In reviewing the bond documents, the Financial Advis-
or and the bond attorneys have found some fine print and details
in there that they would like to get the City out from under.
They would like to change some of the conditions, some fine print
in the mortgage, if you will, in essence, for refinancing. It's
a refunding of the old and refinancing that debt plus the new
debt. This was discussed earlier and the bottom line is that it
is no additional cost to the City or a savings to the City or
else they wouldn't be doing it.
Vickie Beech: But you are going at a higher rate of interest,
won't you? You'll be going from one to the other.
Mr. Henning: I'm not prepared to state that, not necessarily, I
don't know. And also, the Capital Reserves may be different, and
so, there's obviously some advantages and, if Council wants a
more extensive report on this before the 22nd, then we can get
that information for them. This was discussed earlier.
V/m Massaro: I intended to ask for it, yes, we do want an update
on it.
Vickie Beech: Thank you. Then, the second part of the subject on
ESM that Mr. Henning hadn't pursued it further. I'm a little
concerned, really, for the simple reason that it seems that
everything is being directed to ESM and there seems to be a
cavalier attitude taken about the people that are involved in our
City. What action or what are you contemplating on doing about
pursuing this? I mean, we have a City Manager, a Finance
Directbr and a City Attorney and a few others I think that should
be called to task on this particular issue.
Mr. Henning: The only response I have at this point, unless
Council wants further response, is that of all the descriptions
of the attitude of the City, the Council and the staff as a
result to the ESM disaster... "cavalier' is not the word.
Vickie Beech: Really? Thank you very much.
Alan Blumberger: Thank you, Mr. Mayor. Alan Blumberger, resident,
Section 20, three questions to the attorney. One, what is the
liability of the people involved who serve on the Board of the
City of Tamarac? Two, do we have any performance Officers and
Directors' Liability in the event of any lawsuits taken by the
residents against the people involved on the Council, Directors
or whatever? And, three, if we do have any liability insurance
what amount is carried? Thank you.
46
4/10/85
/pm
Mr. Henning: Well, I'm sorry you retreated so fast, I'm not sure
I have all the three questions straight but let me address the
last two first.
Mr. Blumberger: The first part was, what is the liability?
Mr. Henning: I think you all ... I would hope, the City Council
would understand that it would not be appropriate for the City
Attorney at a public meeting to confess liability...
Someone in audience: Louder.
Mr. Henning: I think...I would hope that the City Council, if not
the audience, would understand that it would not be appropriate
for the City Attorney to confess liability on behalf of the City
Council and the staff and himself for any actions that were taken
resulting in the ESM matter. My personal...
Someone in audience: Why not?
Mr. Henning: Why not? Excuse me... anyway. I don't mean to imply
by that non -answer that there is any liability and I am very
confident in'the first-class representation of the Special Coun-
sel that the City Council has seen fit to hire in Morgan, Lewis
and Bockius. The second two questions are the questions of a
posturing plaintiff and for us to indicate whether or not we have
professional liability insurance or to indicate the extent of the
insurance and the coverage, although, number one, it's public
record and number Z, it's been discussed at recent workshops, I
think it's inappropriate to answer at this time. That's typical
discovery of a plaintiff after a lawsuit has been filed. I don't
__feel it's appropriate to answer unless I'm directed by Council.
Mr. Blumberger: Then, I'll ask it of the Mayor. Mr. Mayor, do we
have professional liability covering the City of Tamarac against
any lawsuits from outside sources or from the residents to pro-
tect us and, if we do, in what amount do we carry this? What
would we be liable if it was over and above the 7 million
dollars?
Mayor Kravitz: You are actually asking a legal question and...
Mr. Blumberger: Asking if there is coverage is not a legal ques-
tion, Mr. Mayor.
Mayor Kravitz: Well, as to the coverage, again, we would have to
look up and read the policies and see just what it says. I am
not in a position at this time to tell you what our policy says.
Mr. Blumberger: Do we have one? That was not answered.
Mayor Kravitz: You are talking about a specific item. We do have
coverage, but, it does not say that that particular item is part
of the coverage. I do not know. I have not read the policy.
Mr. Blumberger: Mr. Mayor, Mr. Councilmen, it's doubletalk.
Thank you.
Bernard Newman: I'm Bernard Newman, a resident of Tamarac. The
City Attorney said that they're reconsidering a certain document
because of "fine print". Isn't it the function of the City
Council and the City. Attorney, in particular, to go over con-
tracts and read the fine print so that the City does not get
swindled.
Mr. Henning: That's an excellent point, sir. Yes. That's very
good.
47 /
9/10/85
/pm
Dr. Newman: Do you want to answer it?
Mr., Henning: Yes. The item on the agenda :is "City Attorney's
Report". The report is that I'm announcing that there is a
public hearing at the date and time that I indicated and, last
time, there was severe chastisement that one week's notice was
not adequate for the community. For that reason, as soon as I
got notice, I submitted it in writing to the City Council and the
Charter Board. I'm repeating that notice for the benefit of the
public about a week later just to assist in the poliferation of
the information.
The item on the agenda is not a discussion of the refinancing and
the bond refunding. This was discussed earlier with the
discussion of Stan Ross of Dean Witter, the Finance Advisor,
Steve Wood, the Finance Director, Gerald Heffernan, the Bond
Counsel, myself, the City Manager and the Council. I don't have
that backup in front of me. I recall from the presentation that
it was an advantage for doing this, we are certainly not hiring
these people to swindle us. We are double checking their paper
work. We are working with them and we are monitoring the process
Tape 4 right along. If Council wants to have a workshop on the
refinancing, then I suggest that they set a time for the
presentation.
Dr. Newman: Mr. Mayor, that's not the answer to my question.
Mayor Kravitz: Do you want to come up and restate your question
and say that if you didn't get your answer, what you are looking
-._. for.
Dr. Newman: This is Bernard Newman again. That's not the answer
to my question. My question was is it not the function of the
Council and the City Attorney to go over these things and find
the fine print.
Mr. Henning: Yes, it is the function. Yes, I did. Yes, they
did.
Dr. Newman: Well, you said they didn't. You said there was a lot
of fine print in there that they have to go over now at the
hearing in the Judge's office.
Mr. Henning: No. That's not what I said. I'm sorry. Let me
repeat it again in case you misunderstood me. What I said was...
if Council wants me to proceed...
Mayor Kravitz: It's up to you. You can drop it.
C/M Stein: This is 1979 we're talking about. I hope...
Mr. Henning: In 1979 there was a bond issue to purchase the
present Tamarac Utilities West. There's approximately a 15
million dollar outstanding debt on that bond issue. In examining
the fine print of the bond Resolutions and conditions of the
purchase...times have changed, conditions have changed ... and it
has been the advice of our attorneys and financial advisors that
we can have a better bond Resolution if we reincorporate the
entire debt and assume one Resolution and one fine print and one
rules and regulations for the previous debt and the new debt. In
essence, we're refinancing, in lay terms. Instead of having a
first mortgage and a second mortgage or two first mortgages, we
are refinancing.
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48 4/10/85 i
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Mr. Henning: This is done, I assure you, at either a break-even
or a benefit to the City. We are not looking for ways to cost
the City more money. That may come as a surprise to some of you
but we really are not.
Mayor Kravitz: All right now, I just want to add that these are
really reports. There should be no discussion at all. I am
- xecognizing the publi-e---because I -don't want you to feel that we
don't want to listen to you so I am calling on the people present
that want to be heard. Because of the time, I am going to ask
those that want to be recognized, I will give you opportunity to
come up. Keep it brief so that we can continue on with our
agenda. The gentleman back there.
V/M Massaro: Mr. Mayor, while the gentleman is coming forward, I
would like to make a statement about that because as C/M Stein
just mentioned a little while ago, that was the 1979 bond issue
and we are just hearing for the first time that there was some
fine print that is being looked at by the new bond counsel is it
or whoever, and, we, too, will want to see what they are talking
about. At the moment, we do not know until we go back and read
all of that, so, we have to sit here quietly and just take in
what is being said and then we go back and take a look at what
they are talking about and seeing the wisdom of refinancing or
not refinancing.
Mayor Kravitz: All right, sir.
Jack Rowen: My name is Jack Rowen, I'm a homeowner in Tamarac,
Section 15. Someone in the City should be held responsible for
investing money in ESM without getting the proper collateral in
hand. It states on one of these papers that I read, "Must submit
audited financial statements and place the collateral securing
the investment in a safe --keeping institution." We do not have
any collateral. The Bradford Trust does not have any collateral.
They disclaimed all knowledge of any collateral and yet, Tamarac
had seen fit... and someone is responsible for that ... to invest a
total of 7 million dollars in an institution that, at best, was a
phoney. And, someone should have seen to it that the collateral
should be in hand before the loan was made not rely on reports
that Bradford Trust has the collateral. The collateral should be
here. Another question, the difference...
Mayor Kravitz: Is there any question, sir?
Mr. Rowen: Another statement. The difference between the inter-
est that you should have received from ESM and an investment in
90--day U.S. Treasury Bonds or Bills, rather, which are the safest
investments in the world, is not that much that Tamarac should
have taken the chance on that kind of an investment... and losing
it... and have lost it. Another statement, so far, I have read in
the newspaper about various cities in the country and banks that
have been affected by this fiasco with ESM but nothing has been
written about Tamarac. No action has been taken by Tamarac,
according to the newspapers. Our Sister City, Pompano Beach, has
instituted action against Alexander Grant, has instituted action
against Mr. Gomez ... what is Tamarac doing?
Mayor Kravitz: I think you heard the City Attorney just say he
will give a report this afternoon after he speaks to our attor-
neys. He may address that subject.
Mr. Rowen: Sir, with all due respect, we have waited ... now this
is over a month ... that this ESM has gone into bankruptcy.
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Mr. Rowen: Nothing has been said to anyone, nothing has been
printed in the newspapers, and yet, today when the item is
supposed to be discussed, we are still waiting for a report from
whom?
Mr. Henning: Can I answer that, please?
Mr. Rowen: Are they trying to hide something?
Mayor Kravitz: If you would like to. I'll let the City Attorney
address you.
Mr. Henning: First, of all, in response to your statement, I
disagree as to any showing of any liability of the City. In
response to your second statement...
Mr. Rowen: I'm sorry, I didn't make any statement like that.
Mr. Henning: You said, "Who is responsible"...or "someone has to
be responsible" ... for not having collateral in hand.
Mr. Rowen: Not the City... some person.
Mr. Henning: Some person. O.K., and I am saying that there has
been no evidence at this point that there has been any wrong-
doing of any person related to the City. That's number one. The
second statement is that...I don't recall if it's the second or
third comment that you had ... but, in essence, oh... about the
money being lost. The money is not yet lost. The money is in
dispute. The money is being recovered in part. The fact that
___- you- toad to wait thirty days for any action so far... it's going to
be a little bit longer than another thirty days before this is
resolved.
This case is being fought in the courts and not in the news-
papers and any lack of print or copy on the story is only a
credit to the people involved with Tamarac and our attorneys. We
won't get the 7 million dollars back by running a story about it
in the newspaper. We are taking the appropriate legal action, we
are filing lawsuits to recover the money, to protect the money,
to protect the City. The report from the ... Mr. Tew...
Mr. Rowen: I asked you, why haven't we received any collateral in
hand? Where is the collateral?
Mr. Henning: I am not going to discuss that with you at this
time. It is not in the best interests of the City to-do that. I
am telling you...
Mr. Rowen: Isn't it? It's in the best interests of the citizens
of this City to do that.
Mr. Henning: Well, you may be wrong, sir. You may...
Mayor Kravitz: I don't think we should debate this. Try to
answer the gentleman's questions if you can, if we can't, then
just say you can't.
Mr. Henning: We received from Mr. Tew and from the court, a
report on ESM yesterday or the day before and...
Mr. Rowen: May I interrupt you please...
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Mr. Henning: No, I am almost done. And, this report, I don't
know how many pages it is... it's about a half an inch thick... is
money in the pocket of Tamarac because this is a report that Mr.
Tew did on behalf of the Court. This is investigations, probably
nation-wide, and findings that he made to the Court that did not
cost the City a dime. This is a report that our attorneys could
have put together for thousands and thousands of dollars, maybe
three or four days earlier. One of the reasons that we waited to
file additional lawsuits is because of the thousands of dollars
in information that's available in this report that assisted our
attorneys in preparing the additional lawsuits.
The City is very much interested in recovering the money but we
are also cognizant that to make a big show of spending additional
tens of thousands of dollars at very little advantage, to go into
the pockets of our attorneys, which is not going to put us in a
better position, is really not to help the City. We are moving
forward aggressively and we are attempting to recover the money
and keep the City in the best position possible.
Mayor Kravitz: I hope we have answered your questions.
Mr. Rowen: You have not. No, sir, you have not. I have not been
answered the question. How come we have no collateral against
that loan?
Mayor Kravitz: Well, we just answered that, it's best not to
answer that question at this time.
Mr. Henning: Sir, that question is not going to be answered
today.
Mayor Kravitz: We just told you that, the Attorney just said he
felt it was in the interests of our City not to answer that at
this time.
Mr. Rowen: May I object to that answer?
Mayor Kravitz: Sure. You can object.
Mr. Rowen: And I want that on the record.
Mayor Kravitz: It's on the record.
Mr. Rowen: Let me also state... repeat what you just said. You
have a report here that would save you thousands of dollars from
Mr. Tew, who is representing the Court. And, yet, here you are
saving thousands of dollars and, yet, someone here saw fit to
invest 7 million dollars in a company that was...
Mayor Kravitz: Sir, you are repeating, and, as I said, we have an
agenda to go on. I don't want to debate it. You had your ques-
tions. We tried to answer you and certainly you are entitled to
whatever information we can give you. I want you to have that
courtesy and, certainly, we want to tell you what we can. If we
can't, we can't. There will be another report this afternoon.
Mr. Rowen: Thank you, very much.
Mayor Kravitz: Thank you. Melanie. Let's keep it short and keep
going.
Melanie Reynolds: This is very short. Melanie Reynolds. I'm a
little confused because from all that I have seen, there is a 12
odd million dollar outstanding still on the Tamarac Utilities
purchase. I am confused because 12 and 15 add to 27 million and
I don't know where the other 3 million comes from.
51
4/10/85
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C/M Munitz: As may be needed.
Mr. Henning: My recollection was 15, I may be in error. I know
that it was 29 plus, which was rounded off to 30 million.
Melanie Reynolds: But_, we're having a validation hearing on 30
million, are we not?
V/M Massaro: We are not necessarily going to float 30 million
dollars.
Mayor Kravitz: Validating does not mean we are issuing it, if I
recall the wording said was needed" and, therefore, it will come
up at that time. Let me continue on.
Tape 8 41. City ttornev Report - Continued.
Mr. Henning: First of a11, I was not able to get the answer to
the question about the Bradford Bank on the other case but we are
still looking into that. Let me report to you what I have re-
ceived from the attorneys on the ESM situation. We have not
actually filed the papers in the Court yet so I am really not at
liberty to mention the defendants. I had hoped to be able to
make an announcement today, but I will announce to you as far as
progress, that there are two additional lawsuits that will be
filed in Federal Court this week on behalf of Tamarac in further
pursuit of the recovery of the money. Those will be the second
and third lawsuits because the first suit, as you know, is the
intervention with ESM into the S.E.C. action, which is already
filed in the Southern District.
If you want, I will give you a report, say Friday, or as soon as
I have information but, I am really not at liberty for the advice
of the Council not to discuss who the parties are at this time.
There is another item of business regarding ESM, which is a
funding question. We were authorized up to $10,000... they have
now prepared three lawsuits and had conferences with the City and
met with Mr. Tew and, I think it's safe to say that we have just
about exhausted our $10,000. Mr. Brown...Morris Brown...has
suggested that, if you wish, he would be present at the next
regular Council meeting on the 24th, I guess it is...to discuss
with you the progress. By then, the suits will be filed and a
little more about what's been going on but we would like...or I
would like to be able to tell him that he is authorized for
additional money.
Mayor Kravitz: May I suggest, Mr. City Attorney, that we agendize
it for the next meeting and after we hear the report and, as to
what he feels it will cost, and the Council has time to go into
it, at that time we can decide whether we want to spend more,
whether it merits more, how much and so forth, and not at the
last minute at 4:30 say we're going to do this without having
time to observe and know what's going on.
Mr. Henning: Well, obviously, in order to...you prepare your
lawsuits, you file them in the Courthouse, then the next step is
usually numerous motions are dismissed which have to be defended,
hearings that come up. They will ... in order to represent us...
they will have to spend or at least bill or ... more than the
$10,000 that have been authorized.
52 %
4/10/85
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Mayor Kravitz: Did we ever get a bill for the $10,000?
Mr. Henning: No, I have asked them to submit a bill and...excuse
me?
Vickie Beech: Did you ever get an itemized list of what they did
for the $10,000?
Mr. Henning: No, I did discuss with them... and Mr. Johnson was
present. We had several conversations in his office and we had
one on Monday and we discussed their progress so far. And, let's
just suffice to say they have spent $10,000. I think that we
need another...I would say, $15,000 to $25,000 to get us down the
road a few months or at least several weeks. But...Elly, do you
have any other ideas on this?
City Manager Johnson: I think the point should be made to the
Council, even though if the suits are filed ... part of the legal
fees if the City wins the case are recoverable under the suit.
They are... they will be ... the legal fees will be part of the
suit.
Mr. Henning: In fact, there was another question that was raised,
I think, by the Vice Mayor, I don't know if you want to take the
time to discuss it now, about the bankrupt estate and whether or
not legal fees are recoverable. The fees that are recoverable
under the bankrupt estate are...would not actually be our attor-
ney's fees, they would be the fees of Mr. Tew and his people that
are working for the Court. So, we cannot necessarily look to the
Court to enforce...let me phrase this properly. The priority of
attorney's fees under bankruptcy would not apply to the City of
_ Tamarac. We are, however, in our pleadings, alledging as damages
the attorneys fees and we hope to recover that along with the
other money.
Mayor Kravitz: Vice Mayor, did you want the floor?
V/M Massaro: No. Mr. Henning just...I did. Mr. Henning just
answered what I intended to ask.
C/M Stein: Mr. Mayor. I appreciate what the Vice Mayor and you
are saying and I think we should have had a statement but I think
we are in a situation where there is not very much we can do.
You are not going to tell the attorneys now that they filed their
summons to stop. I don't think we are in any position to do that
but I think that we ought to, in some way, limit our conference
and discussion since we are paying, I think, $200 an hour, and
that is a meter that keeps on running pretty fast when you have
discussions and conferences.
V/M Massaro: And don't get no answers.
C/M Stein: That's right. So, I think that we ought to be sort of
prudent about this. Otherwise, Jon, we're just going to run into
some astronomical amount here.
Mr. Henning: I'm very cognizant of that and, as I said when we
hired them, they are not charging us for travel time and when
they come from South Miami, that's important.
C/M Stein: But they do charge us when they are here.
Mr. Henning: Oh, yes.
53
4/10/85
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C/M Stein: Well, that's the point. Asking them to come here and
make reports all the time may be great.,,.
Mr. Henning: Well, if you don't want the report, he will be happy
not to show up.
C/M Munitz: Well, if he has facts that he can divulge to us,
that's one thing but if it's...I can't tell you because, etc.,
etc. We know that.
C/M Stein: Jon, you know what we're talking about. Let'him come
down here and give us some pap and tell us we're doing a job and
we don't need him here.
Mayor Kravitz: Let's get a report. We'll agendize it when he
comes down and then take up the question of fees, how Council
feels.
Mr. Henning: So, you are not authorizing any...
Mayor Kravitz: No. I'm not anyway.
C/M Munitz: Well, we obviously can't run away from this. We've
got to see this through down to the bitter end.
Mr. Henning: If what you are saying is that you will make a
further authorization at the next meeting, when you have a better
understanding of what the costs are going to be, then I will tell
them to proceed cautiously and ... but...he's got to file.
�/M Massaro: What happens with the action that he's supposed to
be filing? He just said the $10,000 was used up.
Mayor Kravitz: We never got a bill. We never got any notices, we
never got anything.
V/M Massaro: I know.
Mayor Kravitz: How do we know it was used up.
Mr. Henning: I've been advised and I've seen some of the itemized
work and I'm telling you that we've spent $10,000.
C/M Munitz: Can't we get a bill from them or something?
Mr. Henning: Fine. Yes. O.K.
City Manager Johnson: I'm not going to authorize any more work...
Mayor Kravitz: All right. The meeting is now adjourned.
54
4/10/85
/pm
ATTACHMENT 1 of 4 - 4/10/85 City Council Meeting
Item 13 - Charter Board
i
BUDGET J w=gDK:NT
Z move that $ l4S0• DD from line item account
n — r �D)-1[71` $, '� of the budget named T
be transferred to line item account number
named y q
The balance in the account from which the monies ax,
transferred was S OOO• p� Prior to the transfer ar-i
S� p� _ subsequent to the transfer. The a.� t
of money in the account to which the monies are to be
trnsferrei was $7R • :r
a8_ _ prior to the trar.sf :r
and 5 �V subsequent to the transfer.
a
4/10/85
/pm
ATTACHMENT 2 of 4 - 4/10/85 City Council Meeting
Item 13 - Charter Board
T l
BUDGET AY—rND'w.EN'T
I move that ; 160. do _ frcm line item account
n=Ier 01 �872 'f � of the budget named �
be transferred to line item account number 4 �D
n=ed/lac��.JQLamc� ---)�kA --/-' -AW4-�
The balance in the account from which the monies are
transferred was ; =4CkOQ.G2_ Prior to the transfer and
$ subsevent to the trar.sfer. The a,.=.cant
c.f =ney in the account to which the monies are to be
transferred Was $ prior to the tra-nsfer
and 5 [�J•�� subsequent to the transfer.
ATTACHMENT 3 of 4 - d4/10/85 City Council Meeting
Item 13 - Charter Board
SLMGET J1%M;—,MFNT
Y move that S GK /�6a from line item account
n �rer�- y�,a a! the budget named ",- ", .
be transferred to line item account number 230-
na.2e3 d.� i.� r.L �� !J'^'•SJ 4�
The balance in the
raccount from which the monies are
tra.^.s`erred vas S z x� 6 0� Prior to the transfer a�.3
subseVent to the transfer. T`1e a ZILt
of =ney in the account to which the monies are to k,-
tr3.^.sferred was S prior to the tra.:.Lftr
ani $ �QU s;:bsecuent to the trar.s`e:.
ATTACHMENT 4 of 4 - 4/10/85 City Council Meeting
Item 13 - Charter Board
BUDGET A. =NDt".ENT
I nave that $.Ja , from line item account
ri mower Oe�� 72..a l of the budget named
be transferred to line item account number 00 -J
n sa e d
The balance in the account from which the monies are
transferred vats $ DO prior to'the transfer and
S pa su: seyae:%t to the transfer. The &=ur.t
of money in the account to w!;ich the monies are to b-,
transferred vas $_ _ prior to the transf--z
ani $ sl""�• op subsequent to the. transfer.