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HomeMy WebLinkAbout1985-04-24 - City Commission Regular Meeting Minutesr� Lt �A P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY. APRIL 24. 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. AWARDS AND PRESENTATIONS 4/24/85 pg 1 Pins 1. Employee Service Awards - Presentation by City Manager presented. Johnson of five-year pins to John Ellett, Richard Fairbanks, Joseph O'Loughlin and Sylvia Pechuls of the Police Department and a ten-year pin to Carol Barbuto, Assistant City Clerk. /ard85 pg 2 spec. 2. Special al Award resented b Mayor Kravitz. p p Y y ward presto Helena Sobel. 3. Armenian Martyrs' Day - Presentation of a proclamation by /24/85 pg 1,2 a) Mayor Kravitz designating April 24, 1985 as Armenian Martyrs roc. pres to Rev. Day" • rzoumanian.b)Agen. y consent,Proc.to BOARDS AND COMMITTEES e mailed to approp, 4. Beautification Committee - Discussion and possible action to . people. pg 2, Resig accept the resignation of Lynn Redfield. nation accepted & 5. Burglar Alarm Review Committee - Discussion and possible nnoun.of vac. made nnoun. c.made pg action to accept the resignation of Abraham Hahamovitch. nation accepted & 5. Public Information Committee - Discussion and possible action nnoun.of vac.made. /24/85 pg 3,4. on a request for additional funds for this committee (tabled TABLED from 3/13/85). 7. Announcement of expiration of the terms of office for posi- p /24/84 pg 4.Announ mas made by MayorKravitz. tions on the following boards and committees: Beautification Committee 8 positions 5/11/85 - Public Information Commi ttee 13 positions 5/1 1 /85 Ci ty 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 5/1 1 /85 Parks Commissioner 1 position 5/11/85 Welcoming Committee 12 positions 5/11 /85 I PAGE TWO 4/24/85 Burglar Alarm Committee 5 positions 5/11/85 Veterans Affairs Committee 9 positions 5/11/85 Investment Advisory Committee 5 positions - - - - If anyone is interested in serving on any of the above com- mittees 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. CONSENT AGENDA 8. Items listed under Item #8, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) b) C) d) e) Minutes of 2/27/85 - Regular Meeting - Approval recommended by City Clerk. Minutes of 3/13/85 - Regular Meeting - Approval recommended by City Clerk. Minutes of 4/l/85 - Special Meeting - Approval recommended by City Clerk. Minutes of 4/4/85 - Special Meeting - Approval recommended by City Clerk. Alan F. Ruf - Consulting City Attorney - 4/17/85 - $1,224.00 - Approval recommended by City Attorney. f) George Feld & Associates, Inc. - Tamarac Park Satellite Building - 4/16/85 - Invoice 2 - $14,133.00 - Approval recommended by Chief Building Official and Consultant Planner. g) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - 4/10/85 - $85.00 - Approval recommended by City Manager. h) TUW - Office Building Communications System: Approval of Change Order #1 increasing the contract by $970.80 from $7,765.55 to $8,736.35 for a paging system. i) Tamarac Park Water Distribution and Hydrant Materials - After having solicited bids, and no bids being received, approval to purchase these materials from Underground Utilities in the amount of $3,977.00. j) Fire Department - Approval to purchase a Chevrolet Impala from Roger -Whitley Chevrolet in the amount of $10,052.20, under State contract, with funds allocated in the 1984/85 Federal Revenue Sharing budget, to replace Unit #310. k) Cardinal Industries - Vacation of Easement - Approval to extend the tabling action to a future meeting. 4/24/85 pg 4-7. a) thru 1) APPROVED m)APPROVED w/exception #o8 which was REMOVEDI and APPROVED changing amt.fromi $4,940.25 to $3,991.65. n) RE- MOVED & APPROVED 1)as changed fromi $6,580 to $2,820. 2) 3) &4) REMOVED from agenda. 5) kPPROVED. o) kPPROVED S PAGE 4/21 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 - $41,849.10 - Deep Injection Well/201 Update (Project 84-2) 2) Invoice 03-440 - 3/15/85 - $63,940.28 - 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) (tabled from 4/10/85) 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- 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. Operating Permil 5- Project 1710-18- Statement 3- 338.50 - DER Temp. Operating Permil 6- Project 1710-18- Statement 4- 1,072.20 - DER Temp. Operating Permil 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 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 (tabled from 4/10/85) 18- Project 2214-04- Statement 1- 251.50 - Transmission Facility Grant 19- Project 2214-01- Statement 1- 356.00 - Sludge Dewatering & Composting 20- Project 2214-03- Statement 1- 1,328.40 - Tamarac Lakes Gravity Sewer 21- Project 2214-02- Statement 1- 1,221.30 - Transmission Facility Grant n) James M. Montgomery, Consulting Engineers, Inc. - Approval to pay the following invoices: 1) Invoice 52577 - $6,580.00 - Rate Study for TUW (tabled from 4/10/85) 2) Invoice 51263 - $4,750.00 - Rate Study for TUW 3) Invoice 51831 - 250.00 - Rate Study for TUW 4) Invoice 52961 - 1,504.00 - Rate Study for TUW 5) Invoice 52962 - 1,334.07 - Design for reusable access hatchway and proposed fluoridation plan o) 1985 Street Resurfacing Program - Approval to remove this item from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 9. Surplus Equipment - Temp. Reso. #3606 - Discussion and possible action to declare a vehicle P.D. Unit #147 as surplus equipment and authorize is the City Manager to dispose of same. THREE /85 4/24/85 Pg 7,8. APPROVED PAGE FOUR 4/24/85 10. Widening of NW 44 Street - Discussion and possible action on 4/24/85 pg 12- a request by City of Lauderhill for Tamarac's cooperation in 14. DENIED widening a portion of the street. 4/24/85 pg 8 11 . Municipal Complex ex - Discussion and C/M was directe, p possible action on purchas of plaques for the new City Hall and Pol ice bui 1 ding. to order plaque., for the new Cie, 12. Medics Ambulance Service, Inc. - Temp. Reso. #3607 - Dis- Hall and Pol.w/ cussion and possible action to cancel a Lease Agreement with aI', of cc. Medics which was granted for the non-exclusive use of Fire /24/85 pg 9-11 Station #2. PPROVED /24/85 pg 11 13. Publix at Sunshine Plaza -- Discussion and possible action on DENIED a request for refund of a revised site plan fee in the amount of $175.00. 14. Tamarac Elementary School - Discussion and possible action on requests from the school for the City's cooperation in connection with two planned activities: a) Field trip on 6/17/85 - use of City vehicles b) Picnic at Tamarac Park proposed for 6/19/85 (last day of school. 15. Summer Recreation Program - Temp. Reso. #3590 - Discussion and possible action to approve the fee schedule for enroll- ment in the 1985 Summer Recreation Youth Program (tabled from 4/10/85). 16. Widening of University_ Drive - Temp. Reso. #3608 - Discussion and possible action to express the City's appreciation to the Broward County Metropolitan Planning Organization in the planning of the University Drive widening project between Southgate Boulevard and Commercial Boulevard. 17. 1985 National Hurricane Conference - Discussion and possible action on a request by the Chief of Police to attend this conference on May 1 - 3, 1985. 18. Bid Award - Engineering Project 85-11 - Temp. Reso. #3609 - Discussion and possible action to award a bid to install —a portion of 5-foot sidewalk on the south side of Southgate Boulevard between University Drive and NW 88 Avenue. 19. Fiscal Year 198384 Audit Discussion and possible action on a Management Letter submitted by Touche Ross & Co. 20. 21 22. 4/24/85 pg - 8-9. a)TABLED fo rpt from C/M.b) C/M was author. to arrange this and set fee for use of park,if necessary 4/24/85 pg 11 APPROVED subj.to C/M monitoring to see that Count receives a finan rpt on actvitie 4/24/85 pg`_7T_,17 APPROVED 4/24/85 pg 18,19 APPROVED 4/24/85 pg 12 APPROVED bid to K.Herron & Sons Concr.Construct. in amt of $22, 330.00. 4/24/85 pg 17,18 Managment Ltr. submitted,no Aquatic Plant Control Funds - Temp. Reso. #3610 - Discussion action necessar and possible action to amend Resolution 84-396 designating 4/24/85 pg 28,29 the City officials responsible for administering this program APPROVED design. for Fiscal Year 1 984/85. M.Couzzo as Proj Admin for FY 84/ City Manager and Finance Director - Discussion and possible 85. a c t i on . 4/24/85 pg 14-1�7 Council voted It, Broward League of Cities Business - Discussion and possible Confidence" as W S.Wood.C/M direc a c t i o n. to take approp . �ctior;l&brp�/to ounce y UTILITIES WEST ayor Kravitz ave rpt. 23. Lime Sludge Retainin Wall (Project 84-26) - Discussion and pg 25 possible action on: a)b)c) APPROVED a) Approval of Change Order #1 decreasing the contract by $44.33 from $14,300.00 to $14,255.67. b) Acceptance of work and approval of final payment in the amount of $203.17 to K. Herron & Sons Concrete Construc- tion Company, Inc. c) Reduction of the performance bond to a one-year warranty bond - Temp. Reso. #3611 PAGE FIVE 4/24/85 24. Municipal Sewage Sludge Disposal (Project 85-6) - Discussion 4/24/85 pg 25,26 and possible action to reduce the performance bond posted by APPROVED Frenz Enterprises, Inc., to a one-year warranty bond - Temp. Reso. #3612 PUBLIC HEARINGS - 2:00 P.M. 25. 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". Second Reading. 26. 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". Second Reading. 27. All Service Refuse Co. - Commercial Garbage Collection Fran- chise - Temp. Ord. #1187 - Discussion and possible action to renew this franchise for one year. Second Reading. 4/24/85 pg 22 APPROVED 2nd rear Pub.Hear.held 4/24/85 pg 22,23 APPROVED 2nd rea< Pub.Hear.held 4/24/85 pg 23 APPROVED 2nd read. Pub.Hear. held. 28. Browning Ferris Industries of Florida, Inc. - Commercial 4/24/85 pg 23 Garbage Collection Franchise - Temp. Ord. #1188 - Discussion APPROVED 2nd rea( and possible action to renew this franchise for one year. Pub.Hear.held. Second Reading. 4/24/85 pg 23,24 29. County Waste, Inc. - Commercial Garbage Collection Franchise- APPROVED 2nd rea( Temp. Ord. #1189 - Discussion and possible action to renew Pub.Hear.held this franchise for one year. Second Reading. 30. Industrial Waste Services, Inc. - Commercial Garbage 4/24/85 pg 24 Collection Franchise - Temp. - Ord. #1190 - Discussion and APPROVED 2nd rear possible action to renew this franchise for one year. SecondPub' Hear . held. Reading. 31. Ronkoma Corporation Commercial Garbage Collection Franchise /24/85 pg 24 - Temp. Ord. #1191 - ^Discussion _ and possible action to renew APPROVED 2nd read this franchise for one year. Second Reading.Pub.Hear.held. 32. Southern Sanitation Service - Commercial Garbage Collection /24/85 pg 24 Franchise - Temp. Ord. #1192 - Discussion and possible action PPROVED 2nd read to renew this franchise for one year. Second Reading. ub.Hear.held LEGAL AFFAIRS 33. Morgan, Lewis & Bo- - p regarding ESM Ck1US Special Counsel Government Securities, Inc. - Discussion and possible action to approve: a) Additional authorization for professional services b) Payment of first statement c) Status report 4/24/85 pg 19-21 a)Author.add'l$25,00o. for Pro. serv.b)APPROVED pmt of $17,025.63 under sep.line item in C/A budg. 34. Zoning Regulations - Temp. Ord. #1004 - Discussion and pos- sible action to amend Section 28-1 of the Code to add the Florida Statute definitions of "Special Exception" and c) C/A ave r t. 4/24/85 pg 21. APPROVED 2nd read "Variance" and to amend Section 28-194(d) by substituting "Variance" for "Special Exception". Second Reading. (Public Hearing held 3/1 3/85 ) 4/24/85 pg 21-22 35. Zonin Regulations - Temp. Ord. #1159 - Discussion and pos- APPROVED 2nd read sible action to amend Section 28-27.2 of the Code, "Table as amended. Is of Miscellaneous Residential Zoning District Requirements", by amending the minimum net floor area for multi -family residential districts. Second Reading. (Public Hearing held 3/13/85). PAGE SIX 4/24 185 36. Annexation Request - Discussion and possible action regard- /24/85 pg 26-27 ing a request made by the Broadview area for City annexation rABLED for more and designation of the appropriate officials to act on info. from C/A behalf of the City if the City Council wishes to pursue this annexation. COMMUNITY DEVELOPMENT /24/85 pg 27 37. Tamarac Market Place - Revised Site Plan - Temp. Reso. #36177 kPPROVED w/conditii Discussion and possible action on a revised site plan for a kiosk building for National Insurance Company of America. 38. Island Club Apartments - Temp. Reso. #3583 - Discussion and possible action on a request for temporary waiver of the platting requirements in order to install a temporary fence around the construction compound (tabled from 4/4/85). 39. Ambassador Savings & Loan - Sign Waiver - Temp. Reso. #3613- 1scussion and possible action to waive the provisions of th sign ordinance to permit a third wall sign on the north elevation of 8201 N. University Drive. 40. Laird's Hardware Store - Temp. Reso. #3614 - Discussion and possible action for reconsideration of City Council action on 3/27/85 regarding the third sign requested at Tamarac Town Square. 41. Swanson West - Discussion and possible action on: a Release of a performance bond posted for public improve- ments subject to receipt of a one-year warranty bond - Temp. Reso. #3615 b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. #'�F,1 h - REPORTS 42. City Council 43. City Manager 44. City Attorney City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC C^A4e, Carol L. Barbuto Assistant City Clerk CITY COUNCIL WORKSHOP MEETING Tuesday, April 30, 1985 - 10:00 A.M. - Council Chambers Status Report on Proposed City Ambulance Service /24/85 pg 27-28 ABLED to 5/8/Q_ t applic.req /8/85 pg.1 ABLED at req f applicants. /24/85 pg 29-30 PPROVED /24/85 pg 30. APPROVED as amend) +/24/85 pg 28. a) and b) APPROVED /24/85 pg 30-32 33 /24/85 pg 32 /24/85 pg 30 PAGE SEVEN 4/24/85 GENERAL ADMINISTRATIVE/FINANCIAL 5 pg , APPROVED 45. Tamarac Park Satellite Building - Granting Easement to Southern Be - Temp. Reso.,, 8 - Discussion an possible action. (Agendized by consent.) 4/24/85 pg 32- 46. Municipal Complex - Instruction to Architects - Dis- 33. Architects cussion and possible action. (Agendized by consent.) to be notified to put site plan on hold until notified They are still allowed to co- ordinate the entrances w/thr County &'the plans are to be further re- viewed by Plan ning Comm. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING April 24, 1985 Tape 1 CALL TO,ORDER: Mayor Kravitz called the meeting to order on Wednesday, April 24, 1985, at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol E.Barbuto,Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND_ PLEDGEOF_ ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 3. Armenian Martyrs-' - a) Presentation of a proclamation by Mayor Kravitz designating April 241 1985 as "Armenian Martyrs' Day". b) Presentation of a proclamation by Mayor Kravitz regarding "Small Business Week". SYNOPSIS OF ACTIN: b) Agendized by Consent -- (See Page 2). b) Mayor Kravitz suggested a proclamation regarding "Small Business Week" be Agendized by Consent and V/M Massaro so MOVED, SECONDED by C/M Gottesman. VOTE: ALL VOTED_ AYE GENERAL ADMINISTRATIVE/FINANCIAL 45. Tamarac Park Satellite -Building - granting Easement to Southern Bell - Temp. ,Regg._#3618 - Discussion and possible action. ,SXNQR+SIS OE. ACTION: Agendized by Consent. (See Page 4) Mayor Kravitz said the City Attorney has requested Agendizing by Consent discussion and possible action concerning Temn._Reso. #361$ authorizing an easement to Southern Bell. V/M Massaro MOVED to Agendize this item by Consent, SECQ„�DED by C/M Gottesman 1. Employee -Service -Awards - Presentation by City Manager Johnson of five-year pins to John Ellett, Richard Fairbanks, Joseph O'Loughlin and Sylvia Pechuls of the Police Department and a ten --year pin to Carol Barbuto, Assistant City Clerk. SYNOPSIS_QE_ACTION: Pins were presented. City Manager Johnson presented five --year pins to John Ellett, Richard Fairbanks, Joseph O'Loughlin and Sylvia Pechuls of the Police Department. A ten-year pin was presented to Carol Barbuto, Assistant City Clerk. 1 4/24/85 /pm ` ; 2. Special Award presented by Mayor Kravitz. SYNORSI2 OF ACTION: Mayor Kravitz presented a Special Award to Helen Sobel, Chairperson of the Board of Social Services. Mayor Kravitz presented a Special Award to Helen Sobel, Chair- person of the Board of Social Services commending her for her outstanding work with this Board. 3. Armenian Martyrs' Day - a) Presentation of a proclamation by Mayor Kravitz designat- ing April 24, 1985 as "Armenian Martyrs' Day". b) Presentation of a proclamation by Mayor Kravitz regarding "Small Business Week". SYNOPSIS__ OF_ ACTION : a) Proclamation was presented to Rev. Arzoumanian, Pastor of the Armenian Church of South Florida. b) Proclamation will be mailed to the appropriate people. (Agendize by Consent on Page 1). a) Mayor Kravitz presented the proclamation to Rev. Arzoumanian, Pastor of the Armenian Church of South Florida. b) Mayor Kravitz said this proclamation will be mailed to the appro- priate people. BOARDS AND CQMMITTEES 4. Beautificat Qn_Committge - Discussion and possible action to accept the resignation of Lynn Redfield. SYNOPSIS OF ACTION: Resignation of Lynn Redfield was accepted and announcement of a vacancy on this committee was made. V/M Massaro MOVED ACCEPTANCE of the resignation of Lynn Redfield with thanks for his work for the City, which will be acknowledged by a letter sent to him. SECONDED by C/M Stein. Mayor Kravitz announced a vacancy on this Committee and urged interested parties get an application from the City Clerk's office. 5. auralar Alarm Reyiew Committee - Discussion and possible action to accept the resignation of Abraham Hahamovitch. SYNOPSIS_OF_AaION: Resignation of Abraham Hahamovitch was accepted and announcement of a vacancy on this committee was made. 2 i 4/24/85 1' /pm V/M Massaro MOVED ACCEPTANCE of the resignation of Abraham Hahamovitch with thanks for his work for the City, which will be acknowledged by a letter sent to him. V/M Massaro also announced a vacancy on this committee and urged interested parties get an application from the City Clerk's office. SECONDED by C/M Gottesman. 6. Public nformation,,,,.Cgmittee - Discussion and possible action on a request for additional funds for this committee (tabled from 3/13/85). SYNOPSIS OF ACTION: TABLED. Irving Fenichel, Chairman of the PIC, said previous PIC Com- mittees put out a Newsletter xeroxed in the City Clerk's office and mailed to 106 citizens, Council and Committees at a cost of $500.00 per year. He said when he became Chairman of the PIC, there was a budget of $3,550.00 for 1982, and 1983. He said for Fiscal Year ending 9/30/83, a subtotal of $2,937.07 remained. He said the budget for 1983/84 was $3,500.00 and they spent $1,865.64 leaving a balance of $1,710.13. He said the budget for 1984/85 was a $7,000.00, Operating Expense, and the budget- ary report period ending 11/30/84, Expenditures For The Year To. Date, were $42.65 leaving an unencumbered balance of $6,957.35. Mr. Fenichel said as of January, 1985, they developed a new look and format to be more informative as a public service to the residents. He said they printed and distributed 5,000 Tam -A - Grams in January, 1985 at a cost of $487.95. He said in February they printed and distributed 10,000 Tam -A --Grams at a cost of $686.00 and in March they printed and distributed 10,000 includ- ing inserts, which were sample ballots for the General Election, at a cost of $1,018.00. He said as of 3/1/85, they spent $2,195.95 out of line item #470, Printing and Binding, which was budgeted $3,000.00. He said they sent a memo to the Finance Department to transfer the line item of #490 to line item #470 giving them the total in Printing and Binding of $5,000.00. Mr. Fenichel said they would like to continue with their program with Council's approval. He said they are in the process of updating the brochure of 1978, "This Is The City of Tamarac, Broward County", with or without advertising. He said they will need additional funds of $2,500.00 to continue this program. He said this morning he received a budgetary report ending 3/31/85 showing a balance of line item #470, Printing and Binding, of $2097.33. He said as of 3/28/85, they printed 7500 copies at a cost of $570.50, and, because the demand was great, they had to print an additional amount of 2500 at a cost of $250.00. Mr. Fenichel said as of 4/19/85, they printed 10,000 at a cost of $989.70 leaving a balance of less than $100.00. He said the additional money of $2,500.00 is needed to continue the Tam -A - Gram for the Fiscal Year. He said they also need to print maps and brochures for the City. He questioned whether Council approves continuing with a Year Book that has not been published since 1978. V/M Massaro said an analysis has to be made of the money that is being spent here. She said several people have told her these Tam -A -Grams are being discarded and money cannot be spent without serious thought. She said another complaint she hears from people is that they are of no use since they are "after the fact". She said before any more money is appropriated on this program, this must be studied further. Mr. Fenichel read from the Minutes of the budget hearing of 9/25/84, which stated that the PIC could solicit funds for the Tam -A -Gram and Year Book at no cost to the City. v 3 4/24/85 /pm Mayor Kravitz suggested at the next PIC Meeting this be discussed with a report to Council. C/M Gottesman asked Mr. Fenichel if they publish during the summer months and Mr. Fenichel said no. C/M Stein MOVED to TABLE this item, SECONDED by C/M Munitz. E • -m. Reso.possible SYNQPSIS_OF_ACTION:(Agendized by Consent on Page 1). APPROVED. RESOLUTION NO. R-85-152 PASSED. Mr. Henning read 1$ by title. Mr. Henning said there is a sketch attached to the Resolution which indicates the easement involved in the construction of the satellite recreation building. He said in the need to provide telephone service to the building, an easement has been prepared and he recommended approval. C/M Stein MOVED APPROVAL of Temp,_&,5p,.�#3618, SECONDED by V/M Massaro. Mr. Henning said the Exhibit to the Resolution should be the full easement with a diagram. VOTE: ,ALL VOTED AYE BOARDS -AND CQMNITTEES 7. Announcement gf. xpiration of terMs of office for positions on the following boards and committees: Beautification Committee Public Information Committee City Photographer Board of Social Services Recreation Board Fishing Commissioner Parks Commissioner welcoming Committee Burglar Alarm Committee Veterans Affairs Committee Investment Advisory Committee ,S ND2 : Announcement was made by Mayor Kravitz. 8 positions 5/11/85 13 positions 5/11/85 1 position 5/11/85 11 positions 5/11/85 14 positions 5/11/85 2 positions 5/11/85 1 position 5/11/85 12 positions 5/11/85 5 positions 5/11/85 9 positions 5/11/85 5 positions - - - - Mayor Kravitz announced vacancies on the above named boards and committees and urged interested parties get applications from the City Clerk's office. 8. a) Minutes of 2/27/85 - by City Clerk. b) Minutes of 3/13/85 - by City Clerk. Regular Meeting - Approval recommended Regular Meeting -- Approval recommended 1 1 1 4 4/24/85 /pm c) Minutes of 4/1/85 - Special Meeting - Approval recommended by City Clerk. d) Minutes of 4/4/85 - Special Meeting - Approval recommended by City Clerk. e) Alan F. Ruf - Consulting City Attorney - 4/11/85 -- $1,224.00- Approval recommended by City Attorney. f) George Feld & Associates, Inc. - Tamarac Park Satellite Building - 4/16/85 - Invoice 2 - $14,133.00 - Approval re- commended by Chief Building Official and Consultant Planner. g) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - 4/10/85 - $85.00 - Approval recommended by City Manager. h) TUW - Office Building Communications System: Approval of Change Order #1 increasing the contract by $970.80 from $7,765.55 to $8,736.35 for a paging system. i) Tamarac Park Water Distribution and Hydrant Materials - After having solicited bids, and no bids being received, approval to purchase these materials from Underground Utilities in the amount of $3,977.00. j) Fire Department -- Approval to purchase a Chevrolet Impala from Roger -Whitley Chevrolet in the amount of $10,052.201 under State contract, with funds allocated in the 1984/85 Federal Revenue Sharing budget, to replace Unit #310. k) Cardinal Industries - Vacation of Easement - Approval to extend the tabling action to a future meeting. 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 -- $41,849.10 - Deep Injection Well/201 Update (Project.84-2) 2) Invoice 03-440 - 3/15/85 - $63,940.28 - 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 - $4,500.00 - Wastewater Treat- ment Plant Relocation Study (Project 85-1) (tabled from 4/10/85) m) Williams, Hatfield & Stoner, Inc. - Approval to pay the following invoices: 1- Project 1113-0 -- Statement 90-$ 3,000.00-Municipal Consulting 2- Project 1710-0 - Statement 50- 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.Permit 5- Project 1710-18- Statement 3- 338.50-DER Temp.Oper.Permit 6- Project 1710-18- Statement 4- 1,072.20-DER Temp.Oper.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-Tam.Park Parking Lot 10- Project 1710-21-- Statement 1- 1,107.55-Tam.Park Parking Lot 11- Project 2080-0 -- Statement 5- 48.50-Mist. City Attorney 12- Project 2088-0 -- Statement 6- 11,967.97-Spray Irrig./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 Fac- ility Grant 16- Project 2214-03- Statement 2- 2,066.43-Tam.Lakes Gravity Sewer 17- Project 2214--04- Statement 2- 3,906.50-Transmission Fac- ility Grant (tabled from 4/10/85) 18- Project 2214-04- Statement 1- 251.50-Transmission Fac- ility Grant 19- Project 2214-01- Statement 1- 356.00-Sludge Dewatering & Composting 5 /( 4/24/85 /pm 20- Project 2214-03-- Statement 1-- 21- Project 2214-02- Statement I- n) James M. Montgomery, Consulting pay the following invoices: 1) Invoice 52577 - $6,580.00 - from 4/10/85) 2) Invoice 51831 - 4,750.00 -- 3) Invoice 52961 - 250.00 - 4) Invoice 52961 - 1,504.00 - 5) Invoice 52962 - 1,334.07 - 1,328.40-Tam.Lakes Gravity Sewer 1,221.30-Transmission Fac- ility Grant Engineers, Inc. - Approval to Rate Study for TUW (tabled Rate Study for TUW Rate Study for TUW Rate Study for TUW Design for reusable access hatchway and proposed fluoridation plan o) 1985 Street Resurfacing Program - Approval to remove this item from the agenda. SYNOPSIS QF _ ACTION:_ APPROVED Items a) through 1) and m) with the exception of 8. m) 8- REMOVED and APPROVED changing the amount from $4,940.25 to $3,991.65. n) REMOVED and APPROVED 1) as changed from $6,580 to $2,820. 2), 3) and 4) REMOVED from the agenda. 5) APPROVED. o) APPROVED. V/M Massaro requested REMOVING for discussion m) 8, all of n) and 0). C/M Munitz MOVED to APPROVE Items a) through 1) and m) with the exception of 8, and omitting n) and o). SECONDED by V/M Massaro. Vickie Beech, resident, asked for clarification of Item j) as to what type of vehicle is being replaced. City Manager Johnson said this is replacing a 1975 sedan. m) V/M Massaro MOVED to APPROVE this bill REDUCING the amount from 8) $4,940.25 to $3,991.65 since this amount is over -budget. SECONDED by C/M Gottesman. Tape 2 Dr. Bernard Newman, resident, referred to Item 1) 2), with an amount of $63,940.28 for a grant application and he questioned why this amount is so high. He said Items 1) 1) and 1) 3) total almost $70,000 and he questioned what this money is for. V/M Massaro said this is a lengthy process and involves many conferences with expensive men attending. She said this is under contract and she could check the contracts to verify these amounts. i 1 1 6 ` 4/24/85 /pm n) V/M Massaro said the first Item amount of $6,580.00 and the fourth Item amount of $1,504.00, are on the same project. She said she spoke with the representative yesterday because she felt that amount of money was too much. She said they said they were 65% completed and these figures go back to February. She said the agreed upon amount that they should be paid at this time was $2,820.00 instead of the amount of $6,580.00 and the amount of $1,504.00 is removed completely at this time. V/M Massaro said the amount of $4,750.00 and $250.00 are questionable bills because after discussions with them she cannot determine how much their rate study is. She said they are meet- ing with her on Friday, 4/26/85 and she will try to determine this at that time. V/M Massaro MOVED APPROVAL of PAYMENT of $2,820.00 for the Rate Study and Item 5, in the amount of $1,334.07, and the other amounts will be on hold for the present, SECONDED by C/M Stein. VOTE: ALL VOTED_ AME o) V/M Massaro said she had a list of the road resurfacing projects that were anticipated and the City Engineer told her this item is being removed because the monies are not there. She said those projected road resurfacing projects are for: 70th Ave. between 64th and 57th St. 84th Terr. between 57th and 61st 59th Place 59th Court 59th St. between 81st and 87th Ave. 81st Ave. 83rd Ave. 85th 87th Ave. between 59th P1. and 59th St. 57th Ct. between 81st and 87th Ave. 75th St. between 88th Ave. and Banyon Way 63rd Ct. east of 70th Ave. 38th Terr. between Commercial Blvd. and 49th St. NW 49th St. between State Road 7 and 38th Terr. V/M Massaro said the estimated cost for doing this work was $120,000.00. She said the City had the money and was supposed to do this work and she questioned where this money went. City Manager Johnson said this money went to pave streets that the Council approved prior to his coming on board. He said they were projects that were underway when he came to the City and the budget was overrun and there was not enough money to cover it all. He said he would get Council a list of the streets paved during 1984 early in the Fiscal Year. He said they are all in the Section north of McNab Rd. V/M Massaro said she wants that list and wants to know exactly what happened to the money, how much was spent, the Bid price on it, etc. City Manager Johnson said it is his understanding that they used the County Bid that was accepted by the City and he assured the Vice Mayor he will get that list to her. V/M Massaro MOVED to REMOVE this item from the agenda, SECONDED by C/M Stein. r • � 9. Surplu _Bauipment - -- Discussion and possible action to declare a vehicle (P.D. Unit #147) as surplus equipment and authorize the City Manager to dispose of, same. SYNOPSIS_OF_ACTION: APPROVED. RESOLUTION NO. R-85-139 PASSED. 4/24/85 V /pm Mr. Henning read Temp. Reap-, #3606 by title. C/M Stein MOVED APPROVAL of Temp, ;R,e,gg._#3606, SECONDED by C/M Munitz. VOTE: AALL � _=Ep- AXE 11. Municipal -Complex - Discussion and possible action on purchase of plaques for the new City Hall and Police build- ing. ,SYNQUIE 9F ACTION: The City Manager was directed to order plaques for the new City Hall and Police building with the names of the present City Council. Mayor Kravitz said there was a question concerning the plaques that will be put in the new City Hall and Police facility and he suggested putting the names of the present City Council on those plaques since this Council will be most active with that. He suggested that the City Manager be authorized to order the plaques now with the names of the present City Council. C/M Stein so MOVED, SECONDED by C/M Gottesman. Melanie Reynolds, resident, questioned why Council wants to purchase these plaques now instead of waiting until the building is completed. V/M Massaro said sometimes the plaques are installed even before the building is completed but they are . always ordered far in advance. 14. Tamarac Elementagy School -- Discussion and possible action on requests from the school for the City's cooperation in connection with two planned activities: a) Field trip on 6/17/85 - use of City vehicles b) Picnics at Tamarac Park proposed for 6/19/85 (last day of school) a) TABLED for a report from the City Manager b) The City Manager was authorized to arrange for this and, if necessary, set a fee for use of Tamarac Park. a) Mr. Henning said he sent Council a memo on 4/18/85 but yesterday he received a further communication from the School for addition- al items. He said he is suggesting Council state a policy regarding the use of the Park and City bus and whether, if expenditures are necessary, the City will absorb them. He said the Council may otherwise let the City Manager handle this at his discretion with Council's authority. Mr. Henning said the school has requested 4 picnics for the second, third, fourth and fifth graders each on a different day at Tamarac Park. He said they have also requested a City bus for a field trip although he has not received any information from the school as to where they want the children bused. He said there is a $5.00 per hour wage required for the bus driver. 8 4/24/85 /pm V/M Massaro questioned who pays that and Mr. Henning said this is what Council must decide today, whether they may use the bus or not, whether they should pay or not, etc. Mayor Kravitz said he understood from the meeting he attended that this has been done in previous years and this is nothing new. He said the one trip would be to come to City Hall on Student Government Day in June. Mayor Kravitz suggested the City Manager be authorized to work out details with the school and whatever costs might be involved, they would have to pay. Mr. Henning asked if the City Manager is to work it out to agree or to deny their request and Mayor Kravitz said to agree. C/M Stein said he sees no problem in allowing them to use the park, however, he questioned why they cannot use the school buses for their needs. Mayor Kravitz said the argument they use is that it was done in the past. C/M Gottesman said by use of the school buses, the City would avoid the question of insurance. Mayor Kravitz said they are covered by insurance and there is no problem with that. City Manager Johnson said he cannot answer about last year but he will check into that. He said the problem is that every time the City needs to use the school facility, the. City must pay for it. He suggested that he work out the details so that the School Board will pay for it. Mayor Kravitz said there was a meeting with the intention of the school giving the City certain privileges so that the City would not have to pay for the use of the school. City Manager asked for clarification and Mr. Henning said he feels Council does not object to using the park but if there is a cost involved, there should be a charge for the use of the park. V/M Massaro said the City Manager should understand that they should use their own buses. C/M Stein MOVED to TABLE this portion of the item until Council receives a report at the next Council meeting from the City Manager. SECONDED by C/M Munitz. Dr. Bernard Newman, resident, asked for an opinion from the City Attorney as to whether the City is liable for injury to any child while they are on a trip sponsored by the City. Mr. Henning said they will review insurance coverage for bus transportation and a Hold Harmless Agreement might be appropriate for use of the park. Mayor Kravitz said the School Board has indicated that they would be ready to sign a Hold Harmless Agreement and he suggested this be left to the City Manager. b) Mr. Henning said there are 4 picnics involved and C/M Stein MOVED to AUTHORIZE the City Manager to arrange for these picnics and, if necessary, to set a fee for the use of Tamarac Park, SECONDED by WM Massaro. VOTE: ALL -VOTED AXE 12. Medics Ambulance- Servicg4_1 c� - Temp. Reso. #360 - Discussion and possible action to cancel a Lease Agreement with Medics which was granted for the non-exclusive use of Fire Station #2. SYNOPSIS OF ,ACTION: APPROVED. RESOLUTION NO. R--85-140 PASSED. Mr. Henning read Temp. Reso— 43607 by title. 9 u' 4/24/85 /pm Mr. Henning said this was recommended by the Fire Department because of space needs. He said the City has had a one-year lease of a portion of Fire Station #2 with Medics Ambulance since they have been servicing Tamarac. He said they paid $450.00 per month rent, which is up--to-date. He said he saw Malcolm Cohen, of Medics Ambulance, this morning at another meeting and notified him of this action and he did not voice any objection to it. C/M Stein asked where they will put the ambulance and how will it affect the service since they are still servicing Tamarac. Mr. Henning said he does not know yet. C/M Gottesman said there is going to be a meeting with the County Commission regarding approval of the City's own ambulances and one of the owners of Medics Ambulance is involved in voting for or against the City having their own ambulance. Mr. Henning said there was a Workshop Meeting with the County this morning which he attended with representatives of the Tam- arac Fire Department. He said Mr. Cohen was present representing the ambulance busness and he is not in favor of what the City is proposing. Mayor Kravitz said there will be a Workshop Meeting with a Status Report on the proposed City ambulance service on Tuesday, 4/30/85 at 10:00 A.M. in the Council Chambers of City Hall. C/M Munitz asked what damage, if any, is being done to the people of the City by moving the ambulance from its present location. Mr. Henning said the Fire Department usually leaves from the Fire Station when they are on call and the Police Department leaves from their zone and not the Police Department. He said the ambulance is in-between and many of the responses are from the road or the hospital where they are dropping off another patient. He said the Fire Department is the first responder and is usually the first on the scene. He said there is EMS, the County para- medic, City Fire Rescue and the ambulance all responding to the scene of an emergency. Mr. Henning said if this were to affect the response time, that would help the City's argument for a City owned ambulance service. Irving Fenichel, resident, said as a professional in the ambulance business, he brought the first ambulance into the City of Tamarac in 1973 and, as Chairman of the Ambulance for the City of Tamarac now, he is involved with the ambulances. He said it is important that an ambulance be stationed in the center of the City. He said when he ran his ambulance it was agreed by the City that the ambulance would be stationed at University Hospital and, at that time, the hospital was not built. C/M Gottesman MOVED to APPROVE Temp. Reso, 13607, SECONDED by V/M Massaro. C/M Munitz repeated his question concerning the availability of the service to the people of the City. City Manager Johnson said these people have a contract with the County and it is their responsibility to have a location. He said the City needs the space for the Rescue Unit the City is operating from that Fire Station. 10 4/24/85 /pm 1 C' ° r u City Manager Johnson said Medics is supposed to respond within 10 minutes but are not even at their present location in the Fire Station, VOTE: 13. Publix at_ Sunshine_ Plaza a request for refund of a of $175.00. C/M Stein Aye C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye - Discussion and possible action on revised site plan fee in the amount V/M Massaro said application had been made for site plan approval, the work was all done, staff had reviewed it and the City Planner had spent much time processing it which was the final step. She said during the process, it was determined that they had to build a wall to house this compactor so that it would not be visible from the outside. She said it is required by City Code but they did not want to do it and they requested a refund of their revised site plan fee. V/M Massaro MOVED that the request for a refund of $175.00 be DENIED, SECONDED by C/M Munitz. Tim Pike, representative of Publix Supermarkets, said they are trying to improve a sanitary condition behind the store per the request of the shopping center owner. He said they are willing to put in a $15,000 upgrade of the sanitary conditions but they cannot agree to the extra expense of the wall. V/M Massaro said it seems like an imposition but it is required by City Code. She suggested Mr. Pike reconsider. C/M Munitz referred to the City Planner's 4/18/85 memo which stated that staff does not recommend that the fee be refunded. WWU 15. SuMMer Recreation Program - Temp. -Repo, #3590 - Dis- cussion and possible action to approve the fee schedule for enrollment in the 1985 Summer Recreation Youth. Program (tabled from 4/10/85). ,SXNQRSIS-OF-ACTION: APPROVED RESOLUTION NO. R-85-141 PASSED. subject to the City Manager monitoring to see that Council receives a regular financial report on activities. Mr. Henning read Temp. eso.#3590 by title. V/M Massaro said at the last meeting. Council requested that Sharon Ellis, Recreation Director, provide the figures from previous years summer recreation programs. She said Council did receive this from her and it indicated that the program was self- sufficient and she MOVED APPROVAL of Tgmg.Rg84. #3590 subject to the City Manager monitoring to see that Council receives a. regular financial report on the activities.there. SECONDED by C/M Stein. ff*W 16. W dgning- of_ University Drive _ Temp, Rggg. 136Q8 - Discussion and possible action to express the City's appre- ciation to the Broward County Commission and Department of Transportation in the planning of University. Drive widening project between Southgate Boulevard and Commercial Boulevard. 11 RESOLUTION NO. R-85-142 PASSED. 4/24/85 /pm Mr. Henning noted that in checking who is responsible for approval of funding for the design phase of the University Dr. widening project, it was discovered that thanks should be given to the Broward County Commission and the State DOT, therefore, the title of the Resolution was changed accordingly. Mr. Henning read emp—. Reso,_ #3608 by title. Mr. Henning said Mitch Ceasar, Grants Consultant, has reported to the City in the past that funding has been approved for the design phase but not as yet for the construction phase. He said the County has advertised for bid for the design and this is to encourage them and offer the City's assistance. Tape 3 V/M Massaro MOVED APPROVAL of Temp. Reso. #3608, SECONDED by C/M Munitz. 18. Bid_ Award - Engineering Projegt 85-1 - #3649 - Discussion and possible action to award a bid to install a portion of 5-foot sidewalk on the south side of Southgate Boulevard between University Drive and NW 88 Avenue. SXNQR.SIS OF ACTION: APPROVED awarding the bid to K. Herron & Sons Concrete Construction Co., Inc. in the amount of $22,330.00. RESOLUTION NO. R-85-143 PASSED. Mr. Henning read Temp. ego. #3609 by title. C/M Gottesman MOVED APPROVAL of Temp. Reso,_43609, SECONDED by C/M Munitz. 10. Widening of NW 44 Street - Discussion and possible action on a request by City of Lauderhill for Tamarac's cooperation in widening a portion of the street. Bob Lee, Assistant to Mayor Kaminsky of Lauderhill, introduced Jim Smith, Building Director for Lauderhill. Mr. Lee said there is a traffic study that was approved by their Council in August, 1984, and undertaken specifically dealing with the Inverrary area between Oakland Park Blvd., Commercial Blvd., Rock Island Rd. and University Dr. He said the purpose of that study was to address the concern for the safety of the traffic circulation of the Inverrary Dr. area, specifically, Rock Island. Rd. intersection with NW 44 St. and the Inverrary Dr. intersection and NW 44 St. Mr. Lee said the study showed that for every 1,000 cars that pass those two intersections, there are 5 reported accidents. He said these areas have grown dramatically and they are projecting that by the year 1990, NW 44 St. will be at a level D traffic sit- uation. He said that means that there will be congestion and difficulty in maneuvering with increases in accidents. Ll I 12 � 4/24/85 /pm Mr. Lee said they want to point out to Council the results of that traffic study's recommendations and they requested cooperation from the City of Tamarac to participate in implement- ing those recommendations. He said the first recommendaton concerned the intersection of Rock Island. Rd. and. NW 44 St. involving a turning lane for traffic traveling south on Rock Island Rd. onto NW 44 St. He said the cost of that would be approximately $7,500.00. Mr. Lee said the second recommendation is on NW 44 St. at Inver- rary Dr. where there needs to be a left turn lane installed travelling west on. NW 44 St. turning into Inverrary Dr. He said in order for them to do that, they would need to add an addi- tional lane on the north section of NW 44 St. Mr. Smith said this is shown on Page 40 (Figure 8) of the Traffic Study Report. Mr. Lee said on NW 44 St. and Inverrary Dr. travelling west on NW 44 St., the recommendations determine that there is a need for a left turn lane onto Inverrary.Dr. He said in order to do that they would need to widen NW 44 St. on the Tamarac side. He said this would involve approximately 1200 feet of road. V/M Massaro referred to NW 44 St. and Inverrary Dr. and asked why certain people in that area have fences set back and she questioned whether these people are out beyond where they should be. Mr. Lee said that left hand turn out of alignment would have to go on the north side for the land improvement. He said the fenced area is part of the Country Club America property which was never platted, therefore, they did not dedicate the additional 15 feet that the other areas did. V/M Massaro said the western part beyond Inverrary Dr. sets back. She said the golf course area does come out 15 feet and just east of that extends 15 feet. Mr. Lee said he could check that and V/M Massaro said he should. V/M Massaro asked if they are not going to have to widen the whole street and Mr. Lee said they had proposed widening all of NW 44 St. in 1984 and there were objections from the residents of Inverrary. V/M Massaro said there will be objections from the Tamarac residents as well. Mr. Lee said there is an 80-foot right-of-way for NW 44 St., 40 feet in Lauderhill and 40 feet in Tamarac with the corporate boundary being somewhat off that center line. He said 95% of NW 44 St. is developed within Lauderhill and the remainder is in Tamarac. He said it is more of an alignment problem adding this turn lane for transition storage than it would be to move the road closer to the sidewalk. Max Caplan, said he represents three organizations that have authorized him to speak on their behalf, namely, Woodlands Home owners Association, which represents 900 homes in Woodlands, Section 8, which is directly affected by any possible widening of NW 44 St., with 120 homes there, and the.Country Club, of which he is both Chairman of the Legal Committee and. Chairman of the Community Affairs Committee. He said on their behalf he will state some of the objections they have. He said by building a third lane on NW 44 St. the road will be within 20 feet of the homes and the golf course located there. He said this would not only depreciate the value of the homes, but would create a safety hazard with the traffic involved. Mr. Caplan said there is so much land on the Lauderhill side of NW 44 St. that he cannot understand why they do not widen that side. He said he lives in this area and presently traffic on 44 St. is fairly limited and the widening of this street would invite more traffic. Mr. Lee said there is no question that any widening of NW 44 St. would invite traffic but the improvements they are suggesting are just dealing with specific intersections which will necessitate portions of the road to be widened to facilitate traffic flow. 13 4/24/85 /pm Mr. Lee said they are not considering widening NW 44 St. He said it makes sense to suggest that Lauderhill land be used instead of Tamarac land, however, this traffic study has suggested changes in the Lauderhill boundaries. He said it just so happens that these particular intersections involve area that happens to lie in Tamarac. Mr. Lee said the main purpose for doing this is to provide safety for traffic flow for all people, not just Lauderhill residents. Morris Kozen, resident of Bermuda Club, said cities abutting one another cause problems at times and he suggested all boundaries between cities, in a County -wide area, should be a park so that this problem is avoided. V/M Massaro said Council has tried for years to protect the area of Woodlands because of the closeness to that road and in 1973 she and Mr. Massaro went to The County Commission when Mr. Romano was trying to put a 10-foot strip through there as a road. She said when she brought it to the County Commission's attention, they required this road. V/M Massaro MOVED to DENY this request on behalf of the residents of Tamarac, SECONDED by C/M Stein. Mr. Henning said the Traffic Report indicates that for every 11000 vehicles that pass that intersection per day, there are 5 accidents per year. Mr. Lee asked if the MOTION includes the turning lane on Rock Island Rd. as well and V/M Massaro said the turning lane that was indicated is on the other side of the street which is not in Tamarac. Mr. Lee said it is on the north side. V/M Massaro suggested they resubmit just that request so that the Tamarac City Engineers can review it and make a re- commendation to Council. She said this should also include who will pay for it. 21. City Man aer and Finance Direotox - Discussion and possible action. SYNOP SIS_ OF_ ACTION : Council voted "No Confidence" as to Steve Wood, Finance Director. The City Manager was directed to take appropriate action and report to Council on or before the 5/8/85 Council meeting. Mayor Kravitz released the Chair to V/M Massaro in order to make a presentation to Council. V/M Massaro recognized Mayor. Kravitz. Mayor Kravitz said after considerable thought and time spent on many matters concerning the Finance Department, he was very concerned as to its effect on the City. He said he has investi- gated and spoken to the City's attorneys, Morgan, Lewis & Bockius, and the City's auditors, Touche Ross & Co., as well as to the City Attorney on this matter. He said he even checked into the. Personnel Manual on discipline of Department Heads. He said he found that in the Manual, the compliance as to City Office, etc. did not affect Department Heads. 1 1 1 14 4/24/85 /pm Mayor Kravitz said it is within the.province of the.,City Manager whether or not a Department Head is dismissed, however, as an elected Officer of the City, he felt he had a large interest in the City. He said he does not intend, at this meeting, to bring up any charges, however, he pointed out that in the Miami. Herald newspaper on Thursday, April 18th, they listed a comparison of City Official's earnings and one of them was the Finance Director.. He said the average yearly wage for a. Finance Director was $39,121.00. He said they listed the following: Davie -- $36, 665.00 Deerfield -- $45, 809.00 Pembroke Pines - $42,537.00 Tamarac - $52,671.00 He said the City needs a good Finance Director and, in the past, Council and the City Managers have felt that in order to run the Finance Department properly, the proper wages must be paid. He said, in effect, this shows that.Tamarac's Finance.Director's wages are higher than most cities. Mayor Kravitz said he had the Job Classification before him of Linda Schreiber -Baker, who was the previous Deputy Finance Director. He said she started with Tamarac on 3/23/81, at a salary of $13,409.00 as Accountant I. He said on 6/1/81, she was put in the Job Classification of Accountant II at an increase to $16,967.00, which is approximately a $3,500.00 increase in just a little over two months. He said 4 months later, with the same classification of Accountant II, there was an increase of $1,500.00 to approximately $18,494.00. He said 4 days later, still at the Accountant II classification, on 10/5/81, she was raised to $19,234.26 and her probation was completed. Mayor Kravitz said 2 months later, 12/1/811 she was promoted to Deputy.Finance Director with an increased salary of over $5,000.00 to a total of $24,337.00. He said on 10/l/82, under the same title of Deputy Finance Director, she was given an increase of approximately $2,300.00 to $26,649.00. He said on 10/4/82, she was increased to $28,824.00. He said in March, 1983, with the same position, she was increased to $31,176.00. He said on 10/1/83, she was increased by almost $3,000.00 to $34,293.00. Mayor Kravitz said 2 days later there was a merit increase to $35,665.00. He said on 9/14/84, the effective date of Mrs. Schreiber -Baker's resignation, her salary was $35,665.00. He questioned how the Finance Director could recommend a salary of that type when in many surrounding cities the Finance Director does not have that high a salary and he asked if this is the type of person that is concerned with the good of the City. He said he has.been liaison to the Finance Department and the City budget for several years and he found many things to be desired. Mayor. Kravitz MOVED that the. City Council vote "No Confidence" as to Steve Wood, Finance Director and.that the City Manager be directed to take appropriate action, since it is for the best interests of the City. He said he would prefer that the City Manager report to Council on or before the 5/8/85 Council meeting to give Council his decision on this item. SECONDED by C/M Gottesman. C/M.Stein said he has not heard any charges made specifically against.Steve Wood. He said since most of this dates back to 1981 when Mayor Kravitz was on Council and the liaison to the Finance Department, he asked why he or V/M-Massaro, who was also on. Council, did not question these salary increases. He said Mayor Kravitz told Mr. Wood in July that his first duty after the August vacation of Council, would be to see that the new City Manager would fire Mr. Wood. 15 4/24/85 r1� /pm C/M Stein said if there are serious charges against Mr. Wood, he wanted to hear them. He said there are lawsuits, grants, etc. which involve the present Finance Director and he questioned how the Council can vote "No Confidence" without any charges being made. He asked V/M Massaro to have this matter Tabled for further information. Mayor Kravitz said this is not a personal matter and he felt for the best interests of the City he had best not state the charges. He said he is willing to meet with the City Manager and discuss his personal feelings. He said he was advised by the City Attor- Tape 4 ney on the ways to handle this matter and he felt this was best. C/M Munitz said this is unnecessary and he has attended seminars at which other Finance Directors of Broward County have praised Steve Wood and Mr. Wood's actions regarding Mrs. Schreiber -Baker are no reflection on his ability as a Finance Director. Mr. Henning said he conferred with Mayor Kravitz on this matter and he sent Council a memo on 4/23/85 regarding possible proce- dures if any Council member wished to bring this matter up. He said the Charter. Section 5.04, Subsection (c), regarding the Powers and Duties of the City Manager, states that "Suspension and/or Removal of Department Heads and Administrators - He shall suspend or remove any employee or appointed administrative officer except as otherwise provided by law or rules adopted pursuant to this Charter when he deems it necessary for the good of the City." He said the procedure and guidelines he has out- lined in his memo indicate that this would not be the appropriate forum for the statement of charges against the Finance Director. Mr. Henning said if the Motion passes, he urged Council members to meet individually with the City Manager. He suggested Council consider allowing this item to be carried to the 5/22/85 Council meeting for the City Manager's decision because there is investi- gation of charges involved. He cautioned V/M Massaro, as the Chair, as to whether or not this is the appropriate forum for public input on this matter. C/M Gottesman said he Seconded this Motion primarily based upon the people's wishes. He said he has had numerous telephone calls of residents suggesting that the Finance Director be removed because of their lack of faith in him. V/M Massaro cautioned the public who wished to speak, that under the City Attorney's advisement, they must avoid speaking on the ESM issue. Vickie Beech, resident, said she agreed with. Mayor Kravitz concerning a lack of confidence, however, she felt a lack of confidence for several City officials as well as the present Council and two past Councilmen. Morris Haber, resident, said the Chairman of the Port Authority of Lauderdale said he did not want their securities to be lost as Tamarac's were and V/M Massaro reprimanded him for this comment. C/M Munitz said this is an unfortunate issue and any further comments from the audience should not be permitted. Alan Blumberger, resident, said he agrees with Mayor Kravitz. Bernard. Hart, resident, asked why Mayor Kravitz did not bring this up long ago since it dates back to 1981. C/M Gottesman said a number of people called him on this issue and he was aware of what was going on. Jack Stelzer, resident, said every year a report is made to Council of increases which employees will receive and he questioned why this was not brought up before this. 16 4/24/85 /pm 1 LI Melanie Reynolds, resident, said she agreed with Mayor Kravitz concerning salaries because the former Vice Mayor had the former Assistant City Manager fired when the former City Manager raised his salary to $37,000. City Manager Johnson said for the record the former. Assistant City Manager was not fired. Ed Solomon, resident, said he would like to see this resolved. Gary Gralla, resident, said he feels this action is ill-advised at this time because of possible pending litigation, etc. V/M Massaro said what Mayor Kravitz has done in asking Council for a -"No Confidence" vote was contemplated very carefully and she congratulated him for the manner in which it was done. She said it is left for each member of Council to discuss any griev- ance or.compliment with the City Manager and he will then be in a position to make a judgment and bring the results to Council. She said,she has worked with Mr. Wood since he came to the.City, except for the past year, and has been very disappointed in the past several weeks. She said she can give serious charges for what has occurred and she intends to do that. Mr. Henning noted that the MOTION is for a."No Confidence" vote as to Steve Wood, Finance Director, with the City Manager directed to take appropriate action since it is for the good of the City. He said there will be a report by the City Manager at the next Council meeting. VOTE: C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye - Mayor Kravitz Aye V/M Massaro returned the gavel to Mayor Kravitz. 19. Fiscal -Year 1983/,$4^Audit - Discussion and possible action on a Management. Letter submitted by.Touche Ross & Co. SYNOPSIS OF ACTION: The. Management Letter was submitted and no action was necessary. City Manager Johnson said during the audit to which he is responding, he was not the City Manager. He said they have responded to the comments in the Management. Letter and they have been submitted to Ernest Ellison, who is the Auditor General with the State of Florida with copies distributed -to Council. Mayor Kravitz referred to Page l of the Management Letter stating, "General One. Findings" and.the recommendations which go into Page 2. He requested that the portion beginning with Item 1 on. Page 1 be read into the record ending with "Cash Disbursements". City Manager Johnson read, "Finding: It was noted that the City subsidized sanitation expenditures of approximately $750,000.00 in General Fund Revenues. Recommendation: We recommend that the City consider implementing a User Fee Charge as an alternate source of financing sanitation services. Item 2. Findings: In the process of performing Year End. Procedures we noted the following: The schedule combining the balance -sheets to -the Water and Sewer System Fund West had an out -of --balance condition of approximately $400,000.00, which was finally resolved on December 19, 1984." 17 4/24/85f /pm City Manager Johnson continued to read, "The schedule of restricted assets and liabilities of the General Fund were out of balance. $3.70000.00 were not transferred from the Water and Sewer Fund West to the General Fund resulting in understatement of General Fund revenue. This was corrected by an audit adjustment." "Item: $38,660.00 revenue for two months of Water and Sewer System East building was not recorded resulting in understatement of revenue. This was corrected by an audit adjustment.' Entries were recorded directly to Fund Balance instead of Statement of Revenues and Expenditures of Income Statements on the various schedules. These entries were corrected by audit adjustment. Recommendation: We recommend that the Supervisory Review process be strengthened to insure all entries have been made and scheduled to actually reflect the financial condition of the City at year end. Fixed Assets: It was noticed that a detailed list of fixed assets, additions for the period of March 31, 1983 to April 30, 1984, was not maintained by the Finance personnel. Recommendation: We suggest that a detailed list of the Fixed Asset addition be maintained and reconciled to the General Fund on a quarterly basis. Finding: It was noted that veteran invoices were not cancelled to evidence payment. Recommendation: We suggest that all invoices be properly cancelled upon payment to decrease the likelihood of a duplicate payment." Mayor Kravitz noted that Council did not have to take any action at this time. C/M Munitz said he is amazed that the audit adjustments, which were completed prior to the issuing of the statements, were included in the Management Letter. He said he feels this was out of order. V/M Massaro said she disagreed with C/M Munitz since the purpose of the audit is to see that the Finance Department's work is done correctly and adjustments show that something is wrong. Bernard Newman, resident, asked if there will be discussion on the Management Letter's remarks on investments and Mayor Kravitz said no, not at this time. C/M Gottesman said this is normal procedure for an auditing firm to point out audit adjustments. 17. 12$_5 National ferencQ - Discussion and possible action on a request by the Chief of Police to attend this conference on May 1 - 3, 1985. SYNDPST,S_OF ACTION: APPROVED. City Manager Johnson said he recommends that Council not approve this request since the Mayor and certain Council members have given him their opinions about travel during this period of time. He said he cancelled all previously approved trips and he felt if anyone wanted to take vacation time to attend these meetings, they could do so. He said he felt if a policy is set, it should be followed by everyone. V/M Massaro said if the money is not coming from the City's coffers and is for that particular purpose, this should be handl- ed differently. She said this is an important matter since it concerns hurricanes and is unlike any other conference. She MOVED to APPROVE the request by the Chief of Police to attend this conference. SECONDED by C/M Gottesman, Ll F�l 1 18 4/24/85 V/ /pm 1 I Mayor Kravitz said he did recommend to the City Manager that all out-of-town travel, conferences and meetings be stopped to conserve on that expenditure. He said, however, when it is important and affects the City, the situation is different. VOTE: Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch. Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. and all were present. 33. Mora--,hqnecial Counsel regarding ESM Goygrnment Secuxitir,-5, I.nc. -- Discussion and possible action to approve: a) Additional authorization for professional services b) Payment of first statement c) Status report ,2jNO2jSj�_.OF ACTION: a) Authorized an additional $25,000 for professional services. b) APPROVED payment of $17,025.63 under separate line item in City Attorney's budget. c) City Attorney Henning gave a status report. a) Mr. Henning said the City has worked with the firm of Morgan, Lewis & Bockius, who were recommended by the Financial. Adviser from Dean Witter and Fine Jacobson, the City's Bond Counsel. He said the City has filed three lawsuits so far in the ESM matter. He said their bill, which is the b) item, is over the $10,000 amount already authorized and, for that reason, he asked that the a) item be authorization of an appropriate amount of dollars to pay this bill and, hopefully, the next bill. He said he origin- ally recommended in his memo the amount of $15,000 to $25,000 more and Morris Brown, of -Morgan, Lewis & Bockius, sent the City a letter dated 4/15/85 in which he suggested approximately. $25,000 to $30,000 now with an estimated amount for one years work of $100,000. Mayor Kravitz said he spoke with. Mr. Brown who said they have received $10,000 and would now be willing to take approximately $7400 and would bill the City monthly for the work done. City Attorney Henning said the arrangement was for monthly billing, however, the City has not paid them anything as yet. He said $10,000 was authorized but nothing has been paid as yet and they are requesting payment of $17,025.63. Mayor Kravitz asked why the amount has grown to over $17,111 when only $10,000 was previously authorized and Mr. Henning said he questioned this, however,.their law work is excellent. V/M Massaro asked if Council has the right to create a bill without money having been appropriated. City Manager Johnson said since this bill was submitted, there has been other legal work done plus conferences with the Mayor and others, bringing the total even higher. V/M Massaro said she thought the suits filed were within the $17#025.63 figure and Mr. Henning said part of the bill was preparation but not all of it. 19 V 4/24/85 /pm C/M Gottesman asked if the figure of $100,000 for the year is an ultra -conservative figure and Mr. Henning said there is a great deal of work in preparation and much of that is in this first bill. He said it will be approximately three weeks time while they look over the complaints that have been filed and a response is made. He said then the defendants will file a barrage of papers and they will have to be answered. He said he would hope that the figure of $100,000 would take the City to trial and there was a question of whether or not it would be settled before a trial. Mr. Henning said the Garchar Case cost the City approximately 2 to 4 million dollars and the City paid approximately $130,000. He recommended Council authorize $251000 to $30,000 be added to the $10,000 already approved to be set aside for attorneys fees. V/M Massaro MOVED to authorize an additional $25,000 to the firm of Morgan, Lewis & Bockius, defending the City's case against ESM, etc. The City Attorney was instructed to discuss with them the fact that when they are approaching the end of this amount, they are to contact him. SECONDED by C/M Gottesman. Nathan Black, resident, said the $10,000 that was previously authorized was a generous binder since this case will take from 3 to 5 years to complete. Vickie Beech, resident, said she agreed with Mr. Black. Mr. Black asked if the City Attorney knows of any papers that were filed other than a Notice of Claim and Power of Attorney on behalf of the City and Mr. Henning said yes, and this will be discussed under the c) item. V/M Massaro suggested discussing the c) item now. c) Mr. Henning said the City does not have average lawyers and they have done more than file papers and a Notice of Claim. He said to date, this firm has filed one lawsuit in the. Southern. District of Florida, Fort Lauderdale Courthouse, intervening in the Secur- ities and Exchange Commission vs. ESM Groups. He said outside the bankruptcy court they have also filed a case against Alexander Grant as a partnership and individual accusations against each of the partners. He said he received word yesterday that they have filed a lawsuit against Bradford Trust in the Southern District Court in New York, which is not in the bankruptcy court. He said these are additional lawsuits which accuse everything from securities fraud, negligence, etc. in addition to conferring with the Mayor, responding to S.E.C. inquiries that have been received directly by the City of Tamarac, being available for interviews with the F.B.I. and State Attorney's Office of Broward County, etc. Mr. Henning said this is not a Contingency fee, they were not given a retainer for costs with a recovery based on what the City recovers. He said this is an hourly fee being paid as needed. V/M Massaro asked if it should not be stated in the MOTION that if the Court allows them to use the money recovered against this fee, the City should not be paying double. Mr. Henning said he discussed that with Mr. Brown and his answer was that it would not apply to the City's attorneys but only to Attorney Tew, the Trustee. He said the attorneys for the claimants would not necessarily receive from the bankruptcy estate unless they re- ceive specific recovery from separate lawsuits. b) Mr. Henning said Council has the statement in the amount of $17,025.63 dated 4/8/85 and he recommended approval. 20 4/24/85 /pm '�I V/M-Massaro asked where the money will come from and City Manager Johnson said the money could come from the legal section of the City Attorney's budget as a separate line item. He suggested Council approve it this way and.he will have an amendment at the 5/8/85 Council meeting. C/M Gottesman MOVED to APPROVE payment of $1.7,025.63 under separ- ate line item in the City Attorney's budget. SECONDED by. C/M Stein, VOTE: ALL VOTED_ AYE c) Mr. Henning said he has a 50-page document which is a finding of the first report from the Trustee on ESM, a copy of the lawsuit served against Alexander Grant, a copy of the ESM Intervention Lawsuit and a copy of the Bradford Lawsuit is due to arrive. He said they are thick documents and Council may review them in his office. 34.zDning Reaulatigns -.Temp,_Qrd, 1004 - Discussion and possible action to amend Section 28-1 of the Code to add the Florida Statute definitions of "Special Exception" and "Vari- ance" and to amend Section 28-194(d) by substituting "Vari- ance" for "Special Exception". Second Reading. (Public Hearing held 3/13/85). ,SYNOPSIS -.OF-_ACTON: APPROVED ORDINANCE NO. 0-85-23 PASSED. on second and final reading. Mr. Henning read by title. V/M Massaro MOVED APPROVAL of on second and final reading, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 35. - Temp. Ord,_ #1159 - Discussion and possible action to amend Section 28--27.2 of the Code, "Table of Miscellaneous Residential Zoning District Requirements", by amending the minimum net floor area for multi -family residential districts. Second Reading. (Public hearing held 3/13/85). SXNOPSSIS QF ACTION: APPROVED ORDINANCE NO. 0-85--24 PASSED, on second and final reading as amended. Mr. Henning read Temp. Ord. 11152 by title. V/M Massaro said the recommendations of the City staff concerning minimum net floor area are: Efficiency 500 sq. ft. One -Bedroom - 600.sq. ft. Two -Bedroom - 800 sq. ft. Three or more Bedrooms - 950 sq. ft. V/M Massaro said these recommendations are following were recommended by the Planning Committee: Efficiency 600 sq. ft. One --Bedroom - 800 sq. ft. Two -Bedroom - 1000 sq. ft. Three or more Bedrooms - 1150 sq. ft. a 20% increase and the Commission Ad. Hoc 21 4/24/85 /pm V/M Massaro said the City Planner felt these numbers were accept- able but he questioned whether they were legally defensible since there is a lawsuit in Margate over this issue and their numbers are lower than these figures. C/M Stein MOVED APPROVAL of T mio.-Ql 11159 on second and final reading with staff's recommended numbers of 500, 600, 800 and 950 to be inserted, SECONDED by V/M Massaro. Mr. Henning said on 3/11/85 he suggested Tabling this item since no projections can be made on the lawsuit in Margate. He said since the Cardinal Industries property is inside Land Sections 41 5 and 6, which is the subject of the Leadership Court Orders, he questioned whether this Ordinance would affect development in Land Sections 4, 5 and 6. He said if it were stipulated that this does not apply to Land Sections 4, 5 and 6, that might save some Court problems. He said in Margate they are in Federal Court with the 1983 (referring to the Section in the U.S. Code, not the year), Civil Rights Actions, and they are suing the Council individually and collectively. Mr. Henning said Tamarac will be sued this is approved. He said if Council this outside of Land Sections 4, 5 an chance of being defended. C/M Stein stipulated with Cardinal Industries, C/M Gottesman said he feels the staff inadequate and the figures of the Ad adopted. by Cardinal Industries when would be willing to accept d 60 it would have a valid said if a settlement is they will not go to Court. requirements are basically Hoc committee should be C/M Stein Aye C/M Munitz Aye C/M Gottesman Nay V/M Massaro Aye Mayor Kravitz Aye 25. Law -Advisory Committee - Temn..Q _, #11$4 - Discussion and possible action to repeal Section 2-45 (formerly Section 2- 30) of the Code (Ordinance 84-31) entitled "Law Advisory Committee". Second Reading. SXNUBIS OF ACTION: APPROVED ORDINANCE NO. 0-85-15 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Tgmpy_Ord,_J11Q4 by title. C/M Stein said he was the person who introduced this Committee and, since no one was ever appointed to this Committee, he MOVED APPROVAL of Temp. Q.rd. #1184, SECONDED by V/M Massaro. Mayor Kravitz opened and closed the public hearing with no re- sponse. VOTE: 26. City Council Legislatiy!p, Aides - Temp._Ord_._ $5 - Discussion and possible action to repeal Section 2-11.3 of the Code (Ordinance 84-8) entitled "Legislative Aides". Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-16 PASSED. on second and final reading. Public Hearing was held. 1 22 4/24/85 /pm Mr. Henning read Temp. Or 1, 5 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. C/M Munitz asked Mayor Kravitz why this was being done away with since Mayor Kravitz initiated the Aides. Mayor Kravitz said there have been complaints from residents in the City that certain Aides are acting improperly. V/M Massaro MOVED APPROVAL of Temp. Qry. #1185 on second and final reading, SECONDED by C/M Gottesman. 27. All..Sexy�-eRefuse_ Co. - �0=9191al- Garbage Collection Franchise - Tgmp._grd. #1187 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85--17 PASSED, on second and final reading. Public Hearing was held. Tape 6 Mr. Henning read Te 1r_Qxd,. 41187 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro asked the City Manager if the various questions asked of these respective garbage collection companies have been answered and City Manager Johnson said yes. V/M Massaro MOVED APPROVAL of ,emD.,Qrd,11187 on second and final reading, SECONDED by C/M Gottesman. 28. Broxning- Ferris- Industriep _Qf FlQxlda,Inc. - CommercialG.a.r.ba9e_Cg lgction -Franchise -, Ted Ord, #] 188 - Dis- cussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-18 PASSED. on second and final reading. Public hearing was held. Mr. Henning read Temp. Ord._#1188 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of TCMD. Ord. #1188 on second and final reading, SECONDED by C/M Stein. YM: 29. County _19atQ8- Inc. - Commercial_ Garbsja_e Cg] lection Frinchiae. - - Discussion and possible action to renew this franchise for one year. Second Reading. : APPROVED ORDINANCE NO. 0-85-19 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read. Temp,, Ord,,#1189 by title. 23 r 4/24/85 V /pm Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of Temp�OrA. #1189 on second and final reading, SECONDED by C/M Munitz. VOTE: 30. ,Inj ArWe Services, Inc. - Commer_c"l Garb&_cM Collection_FranchiAe - Temp. Ord. #1190 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-r20 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Temp. Ord..,_,_#1190 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of.Tem$._Ord. #,119Q on second and final reading, SECONDED by C/M Gottesman. PTO 31. Ronkoma SQ poration Cgmmercia1_Garbaqp. Collection - F-ranchise - Temp. -Ord. ►p,_ Ord. _ 1191 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF AMOK: APPROVED ORDINANCE NO. 0-85-21 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Temn,_0x_ #1191 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of Temp. Ord. #1191 on second and final reading, SECONDED by C/M Munitz. Y=: 32. Southern Sanit�tQD_�yr - Commercial Garbage_Coll1 tion Fxan bj_g& -- Temp, _ Ord_._ , - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPST,S_.0F ACTION: APPROVED ORDINANCE NO. 0-85-22 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read TomDp.Ord, 41192 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of Temp. Ord. #119-2 on second and final reading, SECONDED by C/M Stein. I-] 1 1 24 4/24/85 /pm 1 UTILITIES_ kIEST 23. Lime Slud-ge Retaining Wall (Project._ $4--26) - Discussion and possible action on: a) Approval of Change Order #1 decreasing the contract by $44.33 from $14,300.00 to $14,255.67. b) Acceptance of work and approval of final payment in the amount of $203.17 to K. Herron & Sons Concrete Construc- tion Company, Inc. c) Reduction of the performance bond to a one-year warranty bond - Temp. Reso-13611 SXNOPSIS Of ACTION: APPROVED a), b) and c). RESOLUTION NO. R-85-145.PASSED. a) V/M Massaro MOVED APPROVAL of Change Order #1 decreasing the contract -by $44.33 from $14,300.00 to $14,255.67, SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye b) V/M Massaro MOVED APPROVAL of the work and final payment of $203.17 to K. Herron & Sons Concrete. Construction Co., Inc., Project 84-26, to be charged to the proper account, SECONDED by C/M Gottesman. C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye c) Mr. Henning read by title. V/M Massaro MOVED APPROVAL of Tema. Reso. #3611, SECONDED by C/M Gottesman. VOTE C/M Stein Absent C/M Munitz Aye C/M Gottesman. Aye V/M Massaro Aye Mayor Kravitz Aye 24. - -- Dis- cussion and possible action to reduce the performance bond posted by Frenz Enterprises, Inc., to a one-year warranty bond - Temp. Reso,__ 35 2 Mr. Henning APPROVED. . RESOLUTION NO. R-85-146 PASSED. read Temn. go,_43612 by title. 25 4/24/85 /pm V/M Massaro MOVED APPROVAL of Temg,. Reso,_43612, SECONDED by C/M Munitz. 36. Annexation ,Rg,$uest ing a request made and designation of of the City if the tion. SYNOPSIS OF ACTION: TABLED for more information from the City Attorney. C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye - Discussion and possible action regard -- by the Broadview area for City annexation the appropriate officials to act on behalf City Council wishes to pursue this annexa- Mr. Henning said he and the City. Manager were approached about a month ago by a Homeowners Association in Broadview near Tamarac and near North Lauderdale. He said for 7 or 8 years they have considered whether or not they would want to become annexed into either City. He said some of their concerns are their high utility rates and subsidized housing projects or individual houses that are being purchased for subsidized housing in their area. He said they realize they need the unified vote of a City to speak on their behalf. He said their approximate population figures are 8,000 people. Mr. Henning said he and the City Manager met with approximately 30 of these people and they expressed an interest in Tamarac. He said he attended another meeting on Monday as an observer which had over 500 people in attendance. He said approximately 80% or more of these people were interested in being annexed into Tam- arac. He said there are three particular areas on the map, two of which are Broadview and Pompano Park, although the City has not been approached by Pompano Park as yet. Mr. Henning said there are many considerations and much staff time is involved. He said they have appointed a Homeowners Committee of 6 people and they would like to meet with the City concerning this, however, he requested guidance from Council on this. C/M Munitz asked the assessed value of the homes in the area under consideration and will it be restricted to an adult community. Mr. Henning said it is definitely not adult restricted and there are mostly families there. He said the Broadview School and a park would come into the City if this were permitted and they claim their homes are market priced around $60,000. He said the County or Federal Government purchased about 15 single family homes for approximately $55,000 each and they were outraged because they felt they should have been over $60,000. C/M Munitz said he felt it would be necessary assessed value for these homes. He asked what will receive from this and Mr. Henning said so are that there will be tax assessment coming i another school and park in the City. On the o will furnish garbage collection and will not r and sewer fees because they belong to someone would have to be furnished with ambulance annexed into the City. to have an actual benefits Tamarac me of the issues n, there will be ther hand, the City eceive the water else. He said they service if they were V/M Massaro asked Corporal Russ Rosen of the Police Department for a rundown of the problems that might be anticipated in these areas and Corporal Rosen said the only time they respond now is on request of the Broward County Sheriff's office. 1 f] 26 4/24/85 /pm Vickie. Beech, resident, said this is an old area and she asked what Tamarac has to gain from this. V/M Massaro suggested someone be assigned to work with Mr. Henning to determine if this is something the City should consider. She said. Bailey Rd. is a dividing line and she questioned whether Tamarac is in a position to annex that area. Mr. Henning said the big difference between Tamarac and North Lauderdale is that North Lauderdale is a little smaller than Tamarac is right now and it is at build -out; whereas, Tamarac claims to be half way to build out. V/M Massaro said she under- stood they have requested annexation to North Lauderdale and were refused. She said this was several years ago and they did not like Tamarac's Ordinances and did not want to comply with them. Mr. Henning said he attended a meeting also attended by the Mayor of North Lauderdale and he was not enthusiastic about bringing them into his City. He said his reason was because they are already at build -out and felt North Lauderdale could not accommodate them. C/M Munitz said he feels the biggest factor in helping him make a determination would be knowing the assessed value of the homes and what tax input would be to the City. He said this would have to be weighed against the additional costs the City would have in performing the services necessary for them. Mr. Henning said he would try to get the number of single family homes involved. C/M Stein MOVED to TABLE this item for more information, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 37. TAzAzAc_ - Revised Site plan - Temp, Reso- #3617 - Discussion and possible action on a revised site plan for a kiosk building for National Insurance Company of. America. J 11! : APPROVED RESOLUTION N0, R-85-147 PASSED. with conditions. Mr. Henning read Temp. Rego. #3617 by title. V/M Massaro MOVED APPROVAL of the kiosk building as indicated on the plan subject to the colors and material being compatible or the same as the main structure which is adjacent to it. SECONDED by C/M Stein. C/M Gottesman questioned whether this facility was permanent or temporary and Raymond F. Keller, Arcbatect for Tamarac Market Place Shopping Center, said it is a permanent facility. YOTE : L _VOTED AYE 38. Island Club Avartme- ,Temp. Reso. 43583 - Discussion and possible action on a request for temporary waiver of the platting requirements in order to install a temporary fence around the construction compound (tabled from 4/4/85). • TABLED to the 5/8/85 Council Meeting at the request of the applicant. 27 4/24/85 /pm V/M Massaro said the applicant called at noon and requested this item be TABLED to the 5/8/85 Council meeting and she so MOVED, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 41. Swanson_West -- Discussion and possible action on: a) Release of a performance bond posted for public improve- ments subject to receipt of a one-year warranty bond -- Temp. Rio. #3615 b) Acceptance of the Ball of Sale for the water distribution and sewage collection system improvements - TemnL_Reso. #3616 SYNOPSIS__ OF ACTIQN: RESOLUTION NO. R--85--150 PASSED. APPROVED a) and b) . RESOLUTION NO. R-85--151 PASSED. a) Mr. Henning read by title. V/M Massaro MOVED APPROVAL of Jemn.Rego, #3615, SECONDED by C/M Stein. C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye EDITOR'S NOTE: This approval released Performance Bond #014-739 in the amount of $10,997.25 posted for public improvements, subject to receipt of a one-year warranty bond in the amount of $3,182.50, b) Mr. Henning read Temp. Resg. #3,616 by title. V/M Massaro MOVED APPROVAL of Temp— Reso. 13616, SECONDED by C/M Stein. C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 20. o1. JFuPdF -- Temp, Resg. #3610 - Dis- cussion and possible action to amend Resolution 84-396 designating the City officials responsible for administering this program for Fiscal Year 1984/85. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-144 PASSED. designating Michael R. Couzzo as Project Administrator for this program for FY 84/85. Mr. Henning read ',T=--Reso,_43610 by title. Mr. Henning said this is just an administrative change since Greg Turek was the Public Works Department Head named on the original Resolution being amended. 28 4/24/85 /pm Mr. Henning said since Greg Turek left, Michael Couzzo has been placed as Acting Department Head and, until further notice, the City Manager is requesting that he serve as the liaison to the State Department of Natural Resources on Aquatic Plant Control projects. V/M Massaro MOVED Gottesman. APPROVAL of , SECONDED by C/M MOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 22, Broward_League of 5ities__Businegs - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz reported that on 4/23/85, the League had a meeting of the Board of Directors with a hearing with the Broward County Water Management District concerning procedures and Council will receive a full report. He said the League met on 4/22/85 and the next agenda will be 5/2/85 for the Board of Directors with an important item concerning the weighted -vote matter. He said the Executive Secretary, former Mayor of Tamarac, Walter W. Falck, said the cities would have to pay accordingly concerning the weighted -vote matter. Mayor Kravitz said some of the items on the next agenda concern fire service, projected water management, the Examining Board, the Clerk of the Court's presentations, changes in the Board's structure and Committee appointments. He said no one from Tam- arac was able to attend the 4/18/85 meeting and President Mullin had Nudge Arthur Birken install the new officers. He said there were nominations from the floor and the entire slate that was nominated by the Nord hating Committee was elected. He said they will discuss whether the By -Laws should be changed concerning the Nominating Committee disqualifying themselves as candidates for office. He said Tamarac's lack of representation on the League was discussed and, hopefully, will be corrected. WAKOIC IV, to) 39. Ambassador Savings & Loan - 9ion WL11yei - Tgmn. Rego. #3fiJ3 - Discussion and possible action to waive the pro- visions of the sign ordinance to permit a third wall sign on the north elevation of 8201 N. University Drive.. EXHORSIS OE ACTION: APPROVED. RESOLUTION NO. R-85-148 PASSED. Mr. Henning read Temp. ReED-43113 by title. At 3:10 P.M., C/M Munitz had to leave the meeting due to illness of his wife. Mayor Kravitz said since he served as Chairman of the Advisory Board on the Ambassador Savings & Loan, the City Attorney has advised that it is permissible for him to vote on this item. V/M Massaro asked Mr. Sutter, Vice Chairman of the Beautification Committee, if this is just a matter of the same sign being in the third location and Mr. Sutter said yes. 29 4/24/85 /pm V/M Massaro MOVED APPROVAL of , SECONDED by C/M Stein. 40. Temp,_ Res o1._#3614 - Discussion and possible action for reconsideration of City Council action on 3/27/85 regarding the third sign requested at Tamarac Town Square. �SXNOPSIS,_�F.JkjCTYON: APPROVED RESOLUTION NO. R-85-149 PASSED. as amended. Mr. Henning read TgMp, Reso.,#3.614 by title. V/M Massaro MOVED APPROVAL of Temp. �_Q._#3614, sending this back to the Beautification Committee since they did not act on the additional sign and Council did act on this. She said Coun- cil is now revoking the action that was taken by Council and after Council's review, it will come back to Council again. SECONDED by C/M Gottesman. The applicant's representative in the audience stated that the sign on the east is already installed and the west sign is going back to the Beautification Committee. Mr. Henning noted that an amendment to solve that would be on Line l3, the word "ratified" should be "revoked" and on Line 15, the word "revoked" should be "ratified". V/M Massaro agreed to this amendment as did C/M Gottesman as the SECOND. VOTE: ALL VOTED AYE Mr. Henning reported that an oral argument was held on the Egan Rezoning Appeal, which is the piece of property just north of St. Malachy's Church on University Dr. He said that was handled by Alan Ruf's office and Judge Lee ruled for the petitioner against the City. He said the Judge is sending the rezoning matter back to the City with specific directions to grant the B-2 zoning. He said this will be on the agenda in the near future. Mr. Henning said concerning the Municipal Complex, he will reactivate the plans to sell the General Obligation. Bonds as soon as possible and report back to Council. Morris Haber, resident, asked Mr. Henning if the City insures their bonds and Mr. Henning said yes. He said unless Council directs him otherwise, he will tell the consultants to move forward and report back to Council as to whether these bonds can be sold in a month or two. Vickie Beech, resident, asked what the City's credit rating is and whether or not the City is on a credit watch. Mr. Henning said he understands if the City had been given a rating, it could have been revoked and put on watch. City Manager Johnson said the City does not have a rating at the present time. 42. City_ Council Reports �- CZ1L_G.Q.ttesman reported that the report that the City received from the County concerning the municipal complex before final site plan approval had several remarks that must be corrected. U 30 4/24/85 /pm C/M Gottesman said some of the remarks can be resolved with few problems, however, one problem is that the City had provided on the latest site plan an Entrance/Exit from the site to 88 Ave. He said the County objected to that because of stacking lane problems, etc. He said the Broward County Engineer with this committee suggested that instead of having it as an Entrance/Exit, it just be made an Exit with "Right Turn Only". C/M Gottesman said the second item of significance was at the median cut at the Fire Station where the County felt some sort of signalization would be necessary. He said there were some suggestions of a flasher light that could be turned to red when necessary for the fire apparatus to be used or a regular traffic light. C/M Gottesman said they would like the City to pay the $20,000 partial cost for this signalization. Mr. Henning said the two fees that are involved are $20,000, which is considered a 50% contribution for a traffic signal at the entrance to the Fire Station and the other fee is approximately $15,000 which may or may not be required for the TRIPS. He said there is a question about the type of bonding that will be required in the design work for the right turn lane on 88 Ave. Mr. Henning said the most important thing in the report is that the curb cuts must be on the plat at the northern entrance. He said the County was unaware of the new site plan when the Beauti- fication Committee and the Planning Commission got involved with their recommendations including an additional Entrance/Exit in the middle of the site. He -said that when the County Engineers saw a curb cut in the middle, that was denied at a staff level because there was not adequate deceleration before the Fire Station. He said the suggestion at the City's staff review was that -if the City would treat this middle access merely as an "Exit Only" then the County would probably approve this. Mr. Henning said the building at that location is the City Hall. Mr. Rubin said several months ago when the architect met with Council and the Beautification Committee and Planning Commission, everyone was concerned that there was only one entrance to and from this site. He said they believe they can obtain permission from -the County for an exit at the second drive but need Council advice whether an entrance should be requested as well. He said there is less than 330--feet distance between the two driveways and V/M Massaro said she does not see a need for a second entrance. C/N stein suggested staff be authorized to proceed as recommended by the County with an "Exit Only" at that location. Mr. Henning said this was just a report and unless staff hears contrary from Council, they will pursue an "Exit Only" for the center curb cut at the Municipal Complex site. Mr. Rubin said there is a June deadline for getting the plat approved by the County Commission unless the City asks for an extension and, once it is approved, the City, like any other developer, will have 18 months to pro -- vide the- bonding and the traffic light contribution. Mr. Rubin said the County has recently made a new requirement that whenever property is platted, there must be a bond for improvements to the roadways as well as engineering drawings for the design of right turn lanes, striping, etc. He said he has asked the architect to inform him if their contract will include that work. 31 4/24/85 /Pm V/M Massaro asked why there is not m the buildings on the plan and Mr. Ru the residents not to place the build architect should provide more green would take Council authorization and with this revised site plan and, if different, the architect will have t asked when this was revised and City authorized in February. 43. - No report. 42. City C _Un_CjI_P&eo% - C/IL tein - No report. ore landscaped area around bin said if it is the vote of ing at that location, the area. V/M Massaro said that the architect is proceeding Council wants something o be contacted. V/M Massaro Manager Johnson said it was VM_.GDttesman said he was unhappy with the site plan for the Municipal Complex. He said it was presented to the Planning Commission about two weeks ago and they tabled it. He said he would like to see further review of this since it would only involve a minimal amount of money. He suggested a committee be formed for this purpose. Mr. Henning said the City Manager and he have acted as liaisons to the architect, however, rather than having another committee, this should be put on hold for a few weeks pending a conference with the City Manager and individually with Council members. Mr. Henning said there could be a liaison but he felt it would be best for any Council member to meet with the architects to give suggestions. C/M Gottesman said he has reviewed several minutes and tapes of meetings and at no point was the Planning Commission or the; Beautification Committee interviewed by the architects. He said he does not feel it is necessary for all Council people to get involved since this could cause confusion and he felt he could give technical suggestions. V/M Massaro said it should go before the entire Planning Commission and Mr. Henning said from a legal aspect, there should be a meeting of the entire Planning Commission at a Commission meeting or with one member of the Planning Commission. V/M Massaro suggested drawings be made available to all Planning Commission members for their review at a Special Planning Commission meeting. Jim Godin, Charter Board member, suggested a model be made of cardboard to scale for rearranging without the expense of new drawings. 46. ftji1.jg ' - InatI_U.,_tQD_ tp. A _c e c t s -- Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. The architects are to be notified to put the site plan on hold until notified. They are still allowed to coordinate the entrances with the County and the plans are to be further reviewed by the Planning Commission. Mr. Henning suggested that instruction to the architects for the Municipal Complex be Agendized by Consent so that the Council may advise the architect that the site plan should not be further progressed until this is resolved. C/M Gottesman said he was under the impression that this was already on hold and Mr. Henning said the City received a bill for $3,000 into the $10,000 for revising the site plan. 1 n 1 32 4/24/85 v /pm C/M Gottesman MOVED to Agendize this item by Consent, SECONDED by V/M Massaro. VQTB: ALL VOTED AYE V/M Massaro MOVED that the architect be notified to put the site plan on hold with no further work until notified, SECONDED by C/M Gottesman. Mr. Rubin asked if the Motion will still allow the architect to continue to coordinate the entrances with the County as well as questions on the site plan. V/M Massaro said her MOTION would put everything on hold excluding the entrances. yOTE : ALL. VOTEiLAYIE * :-.•NTSM V/M Massaro - No report. Maypi-Kravitz noted that there will be a Special Council Meet- ing on Tuesday, 4/30/85 at 9:30 A.M. in reference to Land Section 7 which will be followed by a Workshop Meeting at 10:00 A.M. in reference to the Ambulances. V/M Massaro noted that the public had requested that they be notified when this item will be discussed again and Mayor Kravitz directed the City Clerk's office notify the people that were here at the last meeting. Mayor Kravitz adjourned the meeting at 3:45 P.M. PfAY6R ATTEST: = _ ASSISTANT CITY CLERK This public document was promulgated at a cost of $301.20 or $18.31. per copy to inform he general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. CITY OF TAMAR C APPROVED AT MEETING OF ! -f� City Clerk 33 4/24/85 /pm ATTACHMENT 1 -.Page 1 of 3 - Item 33 on the 4/24/85 Council Agenda - Morgan, Lewis & Bockius - Special Council regarding ESM Government Securities, Inc. PHILADELPHIA WASHINGTON New YORK MoRRIs C. BROWN DIAL o.nccy (305) 579-0.370 'A MORGAN, LEWIS & BOCKIUS COUNSELORS AT LAW Los ANGELES 3200 MIAMI CENTER NARRISSURG 100 CHOPIN PLAZA LONDON MIAMI,FLORIDA 33131 T[L[rNON9:1306) 570-0300 CAB L[ ADDI1ts S: MORLESOCK T[LCX: 51-2552 The Mayor and City Council City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 Re: ESM Matter Gentlemen: April 15, 1985 The following will constitute a review of the activity undertaken by counsel in regard to our agreement to represent the City in respect to the recovery of certain funds invested with ESM Government Securities, Inc, Initially, documents were received from the City regarding its involvement with ESM and an analysis of the outstanding investment purchases. These documents were reviewed along with the current pleadings filed against ESM by the Securities & Exchange Commission, An initial inquiry was taken into the propriety of Judge Hoevler"s order staying any direct actions against ESM entities, Having researched the applicability of exclusive jurisdiction of federal securities violations in receivership actions and having researched the propriety of the broad scope of exclusive jurisdiction in Judge Hoevler's order, it was decided to move to intervene on behalf of the City of Tamarac in the receivership action.. The City of Tamarac moved to intervene on Friday, March 15, 1985 and the order of intervention was granted on Thursday, March 21, 1985. After formally intervening, counsel attended the general creditors meeting scheduled for Friday, March 22, 1985. At that time, counsel were fully briefed by Thomas Tew, receiver for the ESM group and discussions concerning the relevant bankruptcy actions available to the creditors were held with other similarly situated creditors. All the while during the pertinent bankruptcy consideration and discussions, an analysis and review of the civil remedies available to the City of Tamarac against potentially at fault parties was being conducted. An analysis into ATTACHMENT 1 - Page 2 of 3 - Item 33 on the 4/24/85 Council Agenda - Morgan, Lewis & Bockius - Special Council regarding ESM Government Securities, Inc. MORGAN. LEWIS & BOCKiuS The Mayor and City Council April 15, 1985 Page Two. similar proceedings in New York State concerning the Drysdale Government Securities Fund and the Lion's Fund were conducted. A review of the New York State Banking Law was conducted with regard to possible violations by the clearing agent purportedly holding the City's securities. A further review of the New York General Business Law and a review of custodian banks and their regulations was conducted along with a review of the City of Tamarac's financial statements for 1982, 1983 and 1984. Further review of generally accepted accounting procedures for the reporting on financial statements was taken and a presentation concerning those findings was presented before the Tamarac City Council. Draft complaints alleging various causes of action, including violations of Federal Securities laws and common laws of the states of New York and Florida were drafted against Bradford Trust Company, Bradford Securities Processing Service, Inc., Security Pacific National Bank, Security Pacific Clearing Processing Services, Inc., Alexander Grant & Company, and various John Doe defendants. Before the preparation of those draft complaints, extensive research was done regarding the essential elements and proof requirements necessary to lodge those claims including a detailed review of securities laws both on the Federal and state level, and any and all pertinent common law or statutory causes of action on the state levels. On Friday, April 12, 1985, a complaint was filed in the United States District Court by the City of Tamarac against Alexander Grant & Company and John Does 1 through 400, general partners. This complaint alleges violations of Federal Securities laws by Alexander Grant, as well as violations of several common law duties on behalf of the defendants under the laws of the State of Florida. Further, the complaint also alleges violations of the Racketeer Influenced and Corrupt organizations Act (,popularly known as RICO). A similar complaint has been prepared and is in the process of being filed and served in the Southern District of New York against Bradford Trust Company and its affiliates along with Security Pacific National Bank and its affiliates on parallel grounds. A case of this nature, involving nearly 100 potentially aggrieved creditors, presents very demanding circumstances, as one may well imagine. Counsel for the City have been working ATTACHMENT 1 -- Page 3 of 3 - Item 33 on the 4/24/85 Council Agenda - Morgan, Lewis & Bockius - Special Council regarding ESM Government Securities, Inc. MORGAN, LEWIS & BOCKIUS The Mayor and City Council April 15, 1985 Page Three. nearly continuously in the preparation of claims designed to effectuate the most efficient and effective suits for recovery of the City's money, Those claims having been filed, no further major flurry of activity is anticipated until 20 days from the date of service of the respective complaints. At that time, counsel expect Motions to Dismiss based on jurisdictional grounds concerning the applicability of Federal Securities laws to these claims to be presented. It is reasonable to expect that to successfully counter those allegations, expenses in the neighborhood of $25,000 to $30,000 will be necessary. From that point, and necessarily depending on the velocity of the proceedings, a reasonable expenditure of $100,000 during the next twelve months may be anticipated. We will continue to report to the City as they wish, and stand ready to aid and assist the City in whatever manner the City deems appropriate regarding the recovery of its losses. Respectfully, MORGAN, LEWIS & BOCKIUS _5:�*/ Morris C. Brown Sergio Alvarez -Mena, III I