HomeMy WebLinkAbout1985-04-24 - City Commission Regular Meeting Minutesr�
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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 $2,500.00 is needed to continue the Tam -A -
Gram for the Fiscal Year. He said they also need to print maps
and brochures for the City. He questioned whether Council
approves continuing with a Year Book that has not been published
since 1978.
V/M Massaro said an analysis has to be made of the money that is
being spent here. She said several people have told her these
Tam -A -Grams are being discarded and money cannot be spent without
serious thought. She said another complaint she hears from
people is that they are of no use since they are "after the
fact". She said before any more money is appropriated on this
program, this must be studied further.
Mr. Fenichel read from the Minutes of the budget hearing of
9/25/84, which stated that the PIC could solicit funds for the
Tam -A -Gram and Year Book at no cost to the City.
v
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4/24/85
/pm
Mayor Kravitz suggested at the next PIC Meeting this be discussed
with a report to Council. C/M Gottesman asked Mr. Fenichel if
they publish during the summer months and Mr. Fenichel said no.
C/M Stein MOVED to TABLE this item, SECONDED by C/M Munitz.
E
• -m. Reso.possible
SYNQPSIS_OF_ACTION:(Agendized by Consent on Page 1).
APPROVED. RESOLUTION NO. R-85-152 PASSED.
Mr. Henning read 1$ 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
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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
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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
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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