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HomeMy WebLinkAbout1985-04-10 - City Commission Regular Meeting MinutesraM t- � U e) i <OR1OP 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 8 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. 10 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 /pm 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 /pm 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. 14 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 15 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. 1 n 1 48 4/10/85 i /pm 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. 49 4/10/85 ` /Pm 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... 50 4/10/85 V /pm [J I 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 /pm 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 /pm C �J r1 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 /pm 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.