The URL can be used to link to this page

Home My WebLink About1985-05-08 - City Commission Regular Meeting Minutes� 9p u n 'cZORI P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MAY 8, 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. PRESENTATIONS 1. National Police Week - Presentation of a proclamation by Mayor Kravitz designating May 12 - 18, 1985, as National Police Week, and May 15, 1985, as Police Memorial Day. 5/8/85 pg 2, Proclamation presented. 2. Italian American Club of Tamarac - Presentation of a proclam- 5/8/85 pg 2. ation by Mayor Kravitz designating the period of May 11 - 20, Proclamation 1985 as Italian American Days. presented . BOARDS AND COMMITTEES 3. Beautification Committee - Temp. Reso. #3619 - Discussion and 5/8/85 pg 14. possible action to appoint five (5) regular members and up to APPROVED as amend. three (3) alternate members. w/names of appoint)ed members. 4. Public Information Committee - Temp. Reso. #3620 - Discussion 5/8/85 pg 9,10. _— - and possible action on: a)Samuel Tepper appointed.b)Jack a) Appointing a City Photographer . in appointed b) Appointing an Assistant City Photographer RaclRad people nomin- ated Appointing five ( 5 ) or more additional members. to committee S. Board of Social Services - Temp. Reso. #3621 - Discussion and a ointed. possible action to appoint three 3 A or more members. 8pg a4,15 APPROVED VED as amend.. 6. Recreation Board - Temp. Reso_. #3622 - Discussion and possible w/names of appoints action on: ed members. a) Appointing two (2) Fishing Commissioners [//8_/�85 pg 8,9.a) b) Appointing one (1) Parks Commissionering Epstein & rGreenb rg.b)I c) Appointing five (5) or more additional members �lomon.c�j,inees a oil�ed. 7. Wel coming Committee - Temp. Reso. #3623 - Discussion and pos- 5/8/85 pg 9.APPRVDI si bl e action to appoint five 5 or more members. appointing 11 nom- inees. Burglar Alarm Review Committee - Temp. Reso. #3624 - Di s- 5/8/85 pg 15.APPW cussion and possible action to appoint five 5 members. as amend.w/names of appointed mem. 9. Veterans Affairs Committee - Temp. Reso. #3625 - Discussion 5/8/85 pg 15,16. and possible action to appoint five 5 or more members. APPROVED as amend. w/names of appoint) Led members. PAGE TWO 5/8/85 10. Investment Advisory Committee - Temp. Reso. #3626 - Dis- cussion and possible action to appoint five (5) members. 5/8/85 pg 16,17. TABLED for more applications Insurance Advisory Committee - If Temp. Ord. #11 94, Item #21 , 5/8/85 pg 24 is passed by Council on second reading at 2:00 P. M. , five (5 ):FABLED announc. vacancies on this committee wi l l be announced by Mayor of vacancies. Kravitz. If anyone is interested in serving on this committee, please contact the City Clerk's office for an application. CONSENT AGENDA 12. Items listed under Item #12, 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) Minutes of 3/27/85 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 4/15/85 - Special Meeting (4:30 P.M.) - Approval recommended by City Clerk. c) Minutes of 4/15/85 Special Meeting (5:05 P.M.) - Approval recommended by City Clerk. d) Minutes of 4/30/85 - Special Meeting - Approval recommended by City Clerk. e) Alan F. Ruf - Consulting City Attorney - 5/2/85 - $2,430.55 - Approval recommended by City Attorney. f) Richard S. Rubin, AIA - Consulting City Planner - Services for April, 1985 - $3,792.50 - Approval recommended by Chief Building Official and Acting City Manager. g) James M. Montgomery, Consulting Engineers, Inc. - Approval to pay the following invoices: 1) Invoice 50585 - $2,050.00 - TUW Effluent Disposal Alternative Study - Approval recommended by Utilities Director/City Engineer.__ 2) Invoice 50586-$90.00 - TUW Sewage Treatment Plant #3 structural rehabilitation - Approval recommended by Utilities Director/City Engineer. h) University Community Hospital - Medical Examinations for Executive/Managerial and Supervisory employees pursuant to Resolution 85-6 - $6,360.00 - Approval recommended by Personnel Director. i) Florida League of Cities - Coordination of Legislative Policy Positions - Temp. Reso. #3571 regarding use of City funds - Approval to remove this item from the agenda (tabled from 3/27/85). j) Reduction of Water Consumption - Temp. Reso. #3602 - Approval to remove this item from the agenda (tabled from 4/10/85). GENERAL ADMINISTRATIVE/FINANCIAL 13. Finance Director - Report by City Manager - Discussion and possible action (continued from 4/24/85). 5/8/85 pg 16. APPROVED a) thru i) /8/85 pg 26,27 /M rept that due o Council's vote f "No Confidence" n Steve Wood,he as been removed rom position as Iinance Director s of 5/10/85 at 5 p.m. 14. 15 16. 17. PAGE THREE 5/8/ 5/8/85 pg 21 Building Department - Discussion and possible action to con- firm the City Manager's appointment of Robert Jahn as the APPROVED Director of Community Development in addition to being Chief Building Official. 5/8/85 pg 22-24 City's Self -Insurance for Health Care - Cl arif ication/Revisior TABLED for of Disability Provisions - Discussion and possible action on definite recom- the following recommendations: mendations from a) Amendment of the plan to allow for waiver of weekly 1 imi t staff involved. on convalescent and rehabilitation benefits. b) City contribution to be escrowed toward first year premium of continued insurance for disabled individuals. City Depository - Discussion and possible action regarding the 5/8/85 pg 25-26 City's sweep (checking) account at NCNB National Bank of TABLED for furth F1 on da. Report and recommendations by the City Attorney and information. Finance Director. Tamarac Elementary School - Discussion and possible action on 5/8/85 pg 28 a request by the school to use City vehicles for a student DENIED field trip on 6/17/85 (tabled from 4/24/85). Utilities West - Discussion and possible action to waive the 5/8/85 pg 28-29 bidding requirements and allow staff negotiation with three C/M was author. vendors in order to install approximately 200 lineal feet of to follow thru. pipe line and construct a concrete wall to enclose the bio- filter building to facilitate removal of compost odors on an emergency basis in an amount not to exceed $8,000.00. 19. Municipal_ TA Complex - Discussion and possible action on a Bpg 27,28 request for payment of Miller & Meier Invoice No. F1301 in TABLLEDED the amount of $21,427.66. 20. Broward Leagueof Cities Business - Discussion and possible 5/8/85 pg 29. a c t i o n. Mayor Kravitz gave rpt. PUBLIC HEARING - 2:00 P.M. 21. Insurance Advisory Committee - Temp. Ord. #1194 - Discussion and possible action to create Section 2-43 of the Code to establish this committee. Second Reading. 5/8/85 pg 20--21 TABLED for revision by C/A based on input at mtg.Pub.Hear. held LEGAL AFFAIRS 22. Land Section 7 Settlement of Sludge Farm Condemnation Suit-5/8/85 pg 5,6 Temp. Reso. #3512 - Discussion and possible action tabled APPROVED as from 4/30/85 revised . 23. Federation of Public Employees - Discussion and presentation 5/8/85 pg 17-20 by George H. Tucker, attorney for the Federation, which TABLED for more represents one of the Tamarac employees' bargaining units. information. 24. Water and Sewer Charges - Temp. Ord. #1195 - Discussion and 5/8/85 pg 30. possible action to amend Section 27-51 of the Code to delete APPROVED lst real all references to deferred payments and financing of con- tribution charges and to amend Section 27-52 of the Code to delete some references to deferred payments for guaranteed revenues. First Reading. PAGE FOUR 5/8/85 — 25. University Community Hospital_ - Discussion and possible action a Acceptance of Declaration of Unity of Title offered by Tamarac Hospital Corporation, -Inc. - Temp. Reso.-#3627 b) Approval to rezone lands northwest of the Hospital from R-3 (Low Density Multiple Residential) to B-6 (Planned Business to construct a medical office building and a community service facility by Temp. Ord. #1172. Second Reading. (Public hearing held 3/27/85 26. Southgate Gardens A artments - Cardinal Industries - Temp. Reso. #3572 - Discussion and possible action to vacate a portion of a non -vehicular landscape easement along the south side of Southgate Boulevard. (tabled from 4/24/85). 27. Oasis Lounge at 3 Lakes Plaza - Discussion and possible actio on a request to provide for the extension of the hours of operation beyond 2:00 A.M. (tabled from 1/9/85). 28. Tamarac Presidents Council - Discussion and possible action on a request from the Board of Directors that the City Council place on the ballot at the next election a referendum calling for approval of the construction of a hotel/office building complex on the Sabal Palm Golf Course at the inter- section of the Florida Turnpike and Commercial Boulevard; and the acceptance of the Saba] Palm Golf Course as a donation to the City of Tamarac upon satisfactory terms. 29. Tamarac Utilities West - Grant Revenues - Temp_ Ord. #1196 - Discussion and possible action to amend Chapter 27 of the Cod pertaining to State of Florida Grant Revenue Generation System Requirements. First Reading. COMMUNITY DEVELOPMENT 30. Woodmont Country Club - Revised Site Plan - Temp. Reso. Discussion and possible action on a revised site plan reflecting the addition of nine (9) chickee huts at the courts. 31 . S & act a) b) 5/8/85 pg 10-12 a)APPROVED as amended.b) APPROVED 2nd read. /8/85 pg 12 PPROVED it 5/8/85 pg13-14 TABLED to future mtg.A petition should be sub- mitted by Mr. Eden showing rea 5/8/85 pg 2-4 TABLED until for mal applic.made for concept rev. and all applicab fees are paid. 5/8/85 pg 30-31 APPROVED lst reading. #3630-5/8/85 pg 12,13 �`" APPROVED tenni H Green Stamps Redemption Center - Discussion and possibl 5/8/85 pg 1 ion on : TABLED at req. o, Concept site plan applicant Stipulation #18 - Temp. Reso. #3631 32. 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 4/24/85). 33. Belfort, Phase I - Discussion and possible action on: a Release of performance bonds posted for water and sewer system improvements subject to receipt of one-year warranty bonds - Temp. Reso. #3628 b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. # 3 6 2 9 . 5/8/85 pg.1, TABLED at req. of applicant. 5/8/85 pg 32. a) &b) APPROVED 34. FP&L Phoenix Substation - Discussion and possible action to 5/8/85 pg 32-33 approve the First Amendment to the Water and Sewer Developers APPROVED Agreement. PAGE FIVE 5/8/,81 REPORTS 35. City Council 36. City Manager 37. City Attorney The 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 Carol E. Barbuto Assistant City Clerk JOINT WORKSHOP MEETING Monday, May 13, 1985 - 10:00 A.M. - City Council Chambers - City Hall Discussion on the relationship between the City Council and the Charter Board Following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-IB & B-3 - General Business R-lC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institutional R-3 - Low Density Multiple Dwelling M-1 - Light Industrial RM-5 - Residential Multi -Family M-2 - Medium Industrial Dwelling A-1 - Limited Agricultural RM-10 - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business 5/8/85 pg 33 5/8/85 pg 33 5/8/85 pg 33 I PAGE SIX 5/8/85 5/8/85 pg 1,4,5 38. TUW - Sludge Farm Location in Land Section 7 - Discussion and APPROVED location possible action. (Agendized by consent.) of Land Sec.7 for sludge farm.Alteri five of trucking to orange groves in W.Palm Bch wil:, of be consid. 39. Trip to Kiryat Tivon - Discussion and possible action. (Agendized 5/8/85 pg 1,6 by consent.) 7 8. Jack Weiner, Comm, of Human Relations gave rpi i CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING May 8, 1985 Tape 1 9AU _TQ_ORDER: Mayor Kravitz called the meeting to order on Wednesday, May 8, 1985 at 9:00 A.M. in the Council Chambers. ROLL_ CAL L : PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz ABSENT AND EXCUSED: Councilman Sydney M. Stein Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol E.Barbuto,Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. UTILITIES WEST 38. M - ih9judge Plum -.`Location in Land Section 7 - Discussion and possible action. ,SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 4 & 5). V/M Massaro MOVED to Agendize by Consent two available options, first, sludge dewatering and composting and, second, trucking of dewatered sludge to West Palm Beach. SECONDED by C/M Gottesman. VOTE: ALL y'OTED AYE 31. - Discussion and possible action on: a) Concept site plan b) Stipulation #18 - Temp-, Rego. #,3631 32. 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 4/24/85). TABLED at the request of the respective applicants. At the advice of the City Attorney, V/M Massaro MOVED to TABLE both of the above items at the request of the respective peti- tioners, SECONDED by C/M Gottesman. 39. Trip to Kiyat_Tivon - Discussion and possible action. SYNQgiSTS OF ACTION: Agendized by Consent. (See Pages 6, 7 & 8). 1 5/8/85 /pm Mayor Kravitz said it is most important that this item be dis- cussed today and V/M Massaro MOVED to Agendize by Consent, SECONDED by C/M Gottesman. VOTE: C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye PRESENTATIONS. 1. National Police -Week - Presentation of a proclamation by Mayor Kravitz designating May 12 - 18, 1985, as National Police Week, and May 15, 1985, as Police Memorial Day. SXNOPSI$_OF ACTION: Proclamation was presented. Mayor Kravitz presented a proclamation to Police Chief McIntosh designating May 12 - 18, 1985,.as National Police Week, and May 15, 1985, as Police Memorial Day. 2. Italian Amelican Club of Tamarac -- Presentation of a pro- clamation by Mayor Kravitz designating the period of May 11- 20, 1985 as Italian American Days. SXNOPSIS_OF_ACTION: Proclamation was presented. Mayor Kravitz and V/M Massaro presented a proclamation designat- ing the period of May 11 - 20, 1985 as Italian American Days to the first Vice President of the Italian America Club, William Cirminello and the Chairman of the Board of Directors, Anthony Coronato. LEGAL AFFAIRS 28. J=Arac Presidenta council - Discussion and possible action on a request from the Board of Directors that the City Council place on the ballot at the next election a referendum calling for approval of the construction of a hotel/office building complex on the Sabal Palm Golf Course at the inter- section of the Florida Turnpike and Commercial Boulevard, and the acceptance of the Sabal Palm Golf Course as a donation to the City of Tamarac upon satisfactory terms. SYNOPSIS_OF_ACTION: TABLED indefinitely until formal application has been made for concept review, any further information is received and all applicable fees are paid. Bernie Hart, President of the Presidents Council, said there were two statements made at the Council Pre Agenda Meeting of 5/l/85 which he wished to correct. He said the statement that there were only 25 members of the Presidents Council present at the last Presidents Council meeting was wrong and he had a list of the signed attendance which was over 35 members. He said the other statement that was wrong was that it was not a unanimous decision of the entire Board. He said Helen Sobel was not present at the meeting and that is why she did not vote, however, it was unanimous among those present at the meeting. Mr. Hart said at the Presidents Council meeting last week it was generally felt that the people were losing an opportunity that would benefit all if the City failed to take advantage of the offer to receive a 100-acre golf course free of cost. 1 2 5/8/85 /pm Mr. Hart said this dates back to June of last year and would be beneficial to all golfers and would assure the residents of Sections 6 and 7 that their homes would always face on a golf course. He said the residents of Sabal Palm and Lakes of Carriage Hills Condominiums would be overlooking a golf course instead of apartments or additional single family homes. Mr. Hart said the City will gain from receipt of taxes which will help keep residents' taxes down and the City will generally gain from the monies spent in the City by additional visitors and residents. He.said this will also avoid the possibility of rezoning back to Commercial in three and a half years, which it was zoned in 1972. He said if the Council or a representative would meet with the owners of the golf course and have negotia- tions it could serve the citizens the anguish and expense of a special election. Jack Stelzer, Corresponding Secretary of the Presidents Council, said as a Council member he was liaison to the Golf Feasibility Committee and they gave a report to the Council suggesting that the acquisition of the golf course would make it a valuable asset to the City. He said they reviewed all the figures submitted, compared them with income tax returns, had an independent CPA review the figures and they showed a profit of approximately $300000 that could be made by the City every year. He said they are asking for approval of the Council to permit a hotel/office building complex to be built on the Sabal Palm Golf Course pro- viding that the City will be given a gift of the golf course itself. Mr. Stelzer said there have been requests that the Presidents Council have a straw vote or put on the referendum a request for a B-7 zoning. He said that is not satisfactory to the Presidents Council. Vickie Beech, resident, said she is skeptical of receiving a free gift of the golf course. Morris Haber,. resident, said this is a commercial enterprise and he questioned why a former member of Council is endorsing this. C/M Munitz said this discussion is to discover what the people of the City want. He said if this is placed on the ballot there will be sufficient time to argue the pros and cons. V/M Massaro said she has resisted any action regarding the hotel and office building at the Sabal Palms Golf Course because it has the potential for traffic fatalities. She said the DOT has requested many things which they never received and she question- ed why. She said this City has spent thousands of dollars on this project but has not received one cent of concept money or an application from anyone. She said there seems to be a strong attempt to impose a complete misunderstanding as to who is endorsing this and why. She said Mr. Flanagan, Vice President and Senior Development Manager of Oxford Development, does not have the answer. She said he called her on 5/6/85 and yesterday at noon she received the following letter by Purolator, which she read into the record (See Attachment 1).. v,. 3 5/8/85 /pm V/M Massaro MOVED to TABLE this item idefinitely until such time as a formal application has been made for a concept review and any further information is received and that all appropriate fees be paid. SECONDED by C/M Gottesman. VOTE: C/M Munitz Nay C/M Gottesman Aye v/M Massaro Aye Mayor Kravitz Aye UTILITIES WEST 38 M - -- Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1 APPROVED the location of Land Section 7 for the sludge farm. The alternative of trucking to orange groves in West Palm Beach will not be considered. V/M Massaro said Peter LaSala of DER has been having discussions with the City Engineer and Mr. LaSala favored the City's trucking the sludge to West Palm Beach. She suggested Dr. Gerry Foess of CH2M Hill discuss the options available to Council. Dr. Foess said a few months ago Tamarac decided to construct a composting facility at Land Section 7 for sewage sludge. He said the City contracted with his firm to do studies and design for that facility. He said at the same time, the City applied for a grant and in conjunction with that grant, some further justification of that composting system needed to be made. Dr. Foess said another alternative came to light which appears to be very competitive with composting and involves trucking of sludge to orange groves in Palm Beach County. He said these two alternatives are essentially equal in terms of total life -cycle costs. He said the composting facility has a higher initial cost but lower operation and maintenance cost, the trucking has lower initial cost but higher operation and maintenance costs. Dr. Foess said the composting facility would be located within the City and would give the City some independence and that is a major advantage. He said the trucking option has the benefit of Tape 2 lower capital costs but the City would be dependent upon the orange growers in West Palm Beach to accept the sludge. Dr. Foess said the costs are essentially equal. City Manager Johnson questioned where the sludge would be put during the rainy season when the groves will not accept the sludge and Dr. Foess said that has been a problem with some other cities. He said he has talked with the orange growers and they said they can accept sludge during the rainy season and their problem is mainly with liquid sludge, whereas the sludge from Tamarac would be in a dewatered state. V/M Massaro said the most important thing to be considered is that the City would be dependent upon another entity and the City should not be put in that position. She said the City is able to acquire the land, the price is reasonable and she urged Council to approve the sludge treatment facility in Land Section 7 with the deep injection well. C/M Munitz asked if there would be a contract with the orange growers obligating them to take whatever the City delivers and Dr. Foess said he believed there could be a contract. He said in the past the orange grove owner appeared to operate without contracts but indicated that a contract could be executed. 5/8/85 /Pm V/M Massaro MOVED to APPROVE the location in Land Section 7 for the sludge farm as it was planned and not consider the possibility of trucking the sludge to West Palm Beach. SECONDED by C/M Gottesman. 22. Land Section 7 - .Set=tlolIgnt 01 51u- .o-e- Farm Condemnation Suit - Temp„.jeS,g. 23512 - Discussion and possible action (tabled from 4/30/85). ACTION:SYNOPSIS Qf APPROVED RESOLUTION NO. R-85-153 PASSED. as revised. Mr. Henning read T,em,Eggg. #3512 by title. Alan Ruf, Consulting City Attorney, said the last time this was discussed, the subject was a Restrictive Covenant limiting the use of the property without a wastewater treatment facility on the property in perpetuity. He said he and Mr. Stacker received directions from this Council and revised the agreement. He referred to the top of Page 5, last paragraph in Paragraph 10 A, which he read, "The parties agree that the deed conveying the property from the defendant to the plaintiff, (that is from the subsidiary of Leadership to the City of Tamarac), shall contain the following: the property conveyed hereby shall never be used for a wastewater treatment facility. The foregoing shall be a covenant running with the land and binding upon the grantee, (which is the City of Tamarac), and its successors and assigns in perpetuity." V/M Massaro MOVED APPROVAL of the stipulated settlement agreement as presented this morning. She said she proofed every word of this agreement to be sure it stated what was agreed upon. SECONDED by C/M Gottesman. C/M Munitz asked what would happen if the City were in a position where they might need this property for a treatment plant in the future. Someone from the audience asked to be heard and Mayor Kravitz noted that there was a MOTION and a SECOND and this was not a public hearing. He said he does not mind hearing from the public if it is a point of information but there are limits on time. Dave Silvergleid, President of the Isles of Tamarac Homeowners Association, asked if the covenant running with the land only applies to the 45 acres being conveyed leaving Land Section 7 open for bringing in wastewater systems or anything else. He said the only protection the City has is V/M Massaro's Motion which could be rescinded or changed by a subsequent Council. City Attorney Henning said there are two points here. First, zoning regulations could control some of the uses of the land as they do today. He said the second point would only allow change if both Leadership, the seller, and the City of Tamarac, the buyer, agree to lifting restrictions. Ed Stacker, Attorney with Ruden, Barnett, McCloskey, Schuster & Russell, representing the defendant in the Eminent Domain proceeding, said in the past there was extensive discussion relating to the desire of the Council and majority of the residents to assure that the parcel being acquired would not be used for the future construction of a wastewater treatment facility. A 5/8/85 /pm Mr. Stacker said the Restrictive Covenant that has been inserted in the stipulated agreement today, and to avoid ambiguity is, simply referencing that a Restrictive Covenant would be included in the deed, they simply quoted that Restrictive Covenant to be inserted. He said it is the opinion of Mr. Ruf and his office that the language presented to Council today would preclude any future construction of a facility on that site. Someone from the audience asked to be heard and Mayor Kravitz asked if it was a point of information. The gentleman said it was not a point of information but he did have some questions. Mayor Kravitz said this is not a public hearing but he would recognize a point of information. V/M Massaro said she understands the feelings of those that live around the present treatment plant facility, however, it is not possible to please everyone in the City. Someone from the aud- ience noted that they had over 300 signatures and V/M Massaro said a wastewater treatment plant cannot easily be moved from one place to another nor can a City spend millions of dollars more than necessary. She said in making one group of residents happy, there will be another group that is unhappy. She said there are only two people calling DER, which does cause trouble, but the DER suggested that the hearing be held because they said Tamarac has the finest sewer plant of anyone in Broward County. Someone from the audience asked to be heard and Mayor Kravitz respectfully asked that Council move on. Ted Slade, Isles of Tamarac, said he had a point of information. At the last meeting there was a stipulation in the wording that the owner of the land would police the property. He said in the revised form there was nothing about them being removed from policing this and V/M Massaro said they are removed.. Mayor Kravitz asked if there were any other points of information and Jack Stelzer, resident, said the City entered into negotiations to purchase this piece of property for the specific purpose of building the entire wastewater treatment facility at Land Section 7. He.asked why this was changed now that a resident of the Isles of Tamarac is on the Council. C/M Gottesman said these plans were changed before he was elected and he felt this Restrictive Covenant would help all residents of the City. Mr. Henning said in the verbatim quote of the restriction to be placed on the grant, there is the phrase of "Wastewater Treatment Facility" and he suggested that what the Council is referencing and is intending as the definition of a wastewater treatment facility is the tanks that treat the raw sewage that comes into the sewage plant from the pipes. He said each tank is referenced as a plant and this is not a reference to any sludge dewatering or composting operation or deep well injection operation. Y9� = C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 39. -- Discussion and possible action. sYNOPSIs OF ACTIQN: Agendized by Consent on Pages 1 & 2 Jack Weiner, Commissioner of Human Relations, gave a report. 1 1 6 5/8/85 V , /pm Mayor Kravitz asked Jack Weiner, Commissioner of Human Relations, to give a report on the trip to Kiryat Tivon and Mr. Weiner said the next trip to Kiryat Tivon will be on 11/11/85 as a pilgrimage from Tamarac. He said there are 50 rooms available and they plan to have from 100 to 150 people. He said a 17 day pilgrimage with 9 days of touring will cost $1,499.00 per person. He said all 5- star hotels will be used and they are trying to get as many people as possible. He said Mayor Kravitz will sign a proclama- tion with the Mayor of Kiryat Tivon, who is preparing a Welcoming Committee. Mr. Weiner said the Travel Agent is Woodland Travel in Tamarac. Mayor Kravitz said there are presently 50 double rooms confirmed for this trap and he asked Council to designate the date. Mr. Weiner noted that this is not a City -sponsored trip and should be at no cost to the City. C/M Munitz asked if there is any relationship with this trip and the City of Sunrise and Mayor Kravitz said Sunrise and other cities will be joining Tamarac on that trip, however, it is not part of Tamarac's trip. He said the price reflects a reduction because there are no free trips involved. V/M Massaro noted that there are Council meetings in November to be considered since everyone cannot be away and Mr. Henning said when it is determined whether or not all of Council is attending, staff can accommodate what Council wishes to do. He said the Charter indicates that Council should meet twice monthly except in August but not necessarily on the usual days. He said it could be arranged by Resolution to have two Council meetings in November in spite of the trip. V/M Massaro asked why Council needs a Motion if the City has nothing to do with the trip and Mr. Henning said the significant involvement of the City is the day that is spent at Kiryat Tivon and the ceremonies with Tamarac. He said Council could fly over just for the ceremony, they could join in this group, they could go on other groups as all other interested people could. He said Council should adopt a day for the ceremony which should be confirmed with the officials at Kiryat Tivon. He said once that is adopted, plans can be made accordingly. Mr. Weiner said there is a date set for the ceremony on Thursday, 11/14/85. Mr. Henning said when that is confirmed with Kiryat Tivon, the staff can proceed with plans. Shirley Blumfield, resident, asked the date Sunrise meets in their Sister City and Mayor Kravitz said it has nothing to do with the Tamarac trip. Mr. Weiner said it should be noted that Mayor Kravitz is going so that the public is aware of that. Mayor Kravitz said he would prefer a Motion authorizing him to go on this trip to Kiryat Tivon from 11/11/85 through 11/27/85 and to sign the agreement on behalf of the City approximately on 11/14/85. V/M Massaro MOVED that 11/14/85 be set aside for Mayor Kravitz to be authorized to sign the proclamation with the Mayor of Kiryat Tivon with no expense to the City. SECONDED by C/M Gottesman. Jack Stelzer, resident, asked if the City will be paying for this trap and Mayor Kravitz said it is stated in the Motion that there is no expense to the City. C/M Munitz asked the background to this trip and Mr. Weiner said he was involved 5 years ago when he went to Kiryat Tivon, met the Mayor and it was agreed at that time that an official agreement should be signed between the two cities. 7 5/8/85 /pm C/M Munitz said he was concerned about the formation of this particular trip and Mayor Kravitz called the question. C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 6. Recreation Board - Temn. Reso. 13622 - Discussion and possible action on: a) Appointing two (2) Fishing Commissioners b) Appointing one (1) Parks Commissioner c) Appointing five (5) or more additional members : APPROVED a) Irving Epstein and Murray Greenberg were appointed as Fishing Commissioners. b) Lou Solomon was appointed as Parks Commissioner. c) The 15 people nominated were appointed. RESOLUTION NO, R-$5-157 PASSED. a) Mr. Henning read by title. V/M Massaro nominated Irving Epstein and Murray. Greenberg, the present Fishing Commissioners for a one year term from the time of expiration. Hearing no other nominations, V/M Massaro MOVED to appoint both nominees as Fishing Commissioners. SECONDED by C/M Gottesman. Mr. Henning suggested a MOTION amending the Resolution with a SECOND and a VOTE. C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye b) C/M Munitz nominated the present Parks Commissioner, Norman Karr. C/M Gottesman nominated Lou Solomon as Parks Commissioner. Hearing no other nominations, Mayor Kravitz called the question with Council members voting for their choice. VIVA 4 c) V/M Massaro read to this committee Mollie Goldstein Lee Kamerling Kevin C. Duffy Ben Zuger Nat Scolnick C/M Munitz C/M Gottesman V/M Massaro Mayor Kravitz Norman Karr Lou Solomon Lou Solomon Lou Solomon Mayor Kravitz's list of nominations for members since they were her choice as well: Karen Dickerhoof Irving Vitrofsky Dr. Monroe Berg Bob Kearns Jack Marcus Robert Curcio Edward Lipton Charles Perlmutter Thelma Brumberg Yetta Robbins 17 I 5/$/$5 /pm 1 C/M Munitx MOVED to appoint the 15 people nominated to this committee, SECONDED by V/M Massaro. VOTE: V/M Massaro MOVED APPROVAL of Temp. Rgao- 13622 as amended, SECONDED by C/M Gottesman. 94 7. Wg1coming- Committee - Temp. Reso. #3623 - Discussion and possible action to appoint five (5) or more members. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-158 PASSED. appointing the 11 people nominated to this committee. V/M Massaro nominated the following: Mollie Goldstein Maury Kramer Morton Student Lawrence Kimler Yetta Robbins Esther Garfinkel Freema Katz Marion Ederr Joel Kreiss C/M Gottesman nominated the following: Frieda Bell Irving Pellman Hearing no further nominations, C/M Gottesman MOVED APPROVAL of as amended, inserting the names of the 11 people appointed, SECONDED by V/M Massaro. 4. Public InforMatign Committee - Temp. Reso._ 3620 Discussion and possible action on: a) Appointing a City Photographer b) Appointing an Assistant City Photographer c) Appointing five (5) or more additional members. SYNOPSIS, OF ACTION: APPROVED. a) Samuel Tepper was appointed as City Photographer. b) Jack Radin was appointed as Assistant City Photographer. c) Appointed the 7 people. nominated to this committee. RESOLUTION NO. R--85-155 PASSED. a) Mr. Henning read Temp- ReHo,_ #3620 by title. C/M Gottesman nominated the present City Photographer, Samuel Tepper. Hearing no other nominations, V/M Massaro MOVED that nominations be closed. b) C/M Gottesman nominated Jack Radin as Assistant City Photo- grapher. Hearing no other nominations, V/M Massaro MOVED that the nominations be closed. c) V/M Massaro nominated the following: Irving Fenichel Lawrence Gould Daniel Powers Herman Shulman John Allfeld Ben Chicofsky Joseph W. Stokvis V/M Massaro MOVED to close nominations and APPROVAL of Temp. Rego. #3620 as amended, inserting the names of the people appointed. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 9 5/8/85 /pm C/M Gottesman left the meeting at 10:30 A.M. 25. Univers y- ComuLun, y„ Hosoi,t;al - Discussion and possible action on: a) Acceptance of Declaration of Unity of Title offered by Tamarac Hospital Association, Inc. - Temp. Real. #3627 b) Approval to rezone lands northwest of the hospital from R-3 (Low Density Multiple Residential) to B-6 (Planned Business) to construct a medical office building and a community service facility by Second Reading. (Public Hearing was held 3/27/85) SYNOPSIS QF ACTION: RESOLUTION NO. R-85-161 PASSED. a) APPROVED as amended. ORDINANCE NO. 0-85-25 PASSED. b) APPROVED on second and final reading. a) Mr. Henning read Temmxp. Reso,_ #3627 by title. V/M Massaro asked the City Attorney if he has examined this Declaration and Mr. Henning said he did. He said there are two issues indicated in the cover letter from Attorney Don McCloskey: first, in the last paragraph, this offer for Unity of Title, which was requested by Council, is being offered but the offer is being rescinded as of 5/15/85 and must be considered today be- cause the next regular. Council meeting is 5/22/85. Mr. Henning said the second issue is in the second paragraph of Attorney McCloskey's letter, which he read into the record: "The only thing in the Unity that I did not discuss with,you is the exception of the sale of condominium office space within the building. I believe this meets with the intent and purpose of the Unity in that the adult facilities and the condominium office facilities are a part of the community facilities." He referred to the text of the Declaration, Page 1, Paragraph 1, and read, "The aforementioned plots, parcels, acreage or combination of separate lots or portions thereof, are hereby established and declared to be unified as a specific site. The sale of the condominium units in any office building shall not be considered as violating the establishment of the unity of site herein committed." Michael Schiff, Attorney representing University Hospital, said most office buildings are rental and the difference here is that it is condominium office space which is bought rather than rented or leased. He said the basic advantage to the buyer is that he shares in the depreciation and tax advantages of being part of a building. He said no functions of the building are changed, it is still a medical office building and the owner must comply with all rules and regulations set up by the building. Mr. Henning noted that these will be medical offices contributing to the function of this medical center and Mr. Schiff said that is correct and the hospital as well. Mr. Henning noted that although the legal description appears to be in order, there is a requirement for a location sketch which must be attached. V/M Massaro asked what the initial purpose of Unity of Title was and Mr. Henning said there was a rezoning for the adjacent parcel of land next to the hospital and it had been indicated that on that property there will be some community facility which will provide community and patient services most of which are being provided by the hospital today. 10 5/8/85 /pm Mr. Henning said the purpose was that the hospital will own and control the site and the community center will be directly related to the hospital services. Mr. Schiff said the Land Use Plan on the property is Community Facilities and they are requesting a B-6 zoning. He said it was the opinion of the City Attorney and Council that to have a B-6 zone in the Community Facilities Land Use category, it must be tied into the hospital so that it was a community facility use. Mr. Henning said this Declaration states that this is part of the hospital site. Thomas Barb, Administrator of University Hospital, said the purpose of the condominium theory is to lock the positions in Tamarac. He said when a doctor has a financial or vested interest in the building there is little concern they will leave. Mr. Barb said the condominium documents will limit the use of that building to health care/medical relationships. V/M Massaro asked if at any time they can sell that building and break this Unity of Title and Mr. Henning said eventually the condominium documents will be submitted to the City to be on file. Mr. Barb said they can sell a unit of the building but not the building as a whole. Mr. Henning said if the hospital would not object, they could add after that paragraph some phrase that "provided that the condominium units of offices are related to the primary use of services of the hospital and community center." V/M Massaro asked where it states that the building cannot be sold breaking the unity of title. Mr. Henning said there is a hospital description showing Parcels b, c, and d, for which the City will receive a sketch. He said there is a three paragraph description of 3 1/2 acres which is called the "building site". He said below that there is a four -line description of Parcels b, c and d which is called the "hospital site". He referred to Paragraph 2 which states, "No portion of the land of the building site (top description) or the hospital site (short description in the middle), shall be sold, assigned, transferred, conveyed or revised except as one entity or pursuant to law." He said this states that this becomes one entity and must be sold together. V/M Massaro MOVED APPROVAL of , accepting the Declaration of Unity of Title for Tamarac Hospital Corporation, Inc. as amended. SECONDED by C/M Munitz. Mayor Kravitz asked if it were proper for him to vote on this item since he is a Trustee of University Hospital and Mr. Henning advised that Tallahassee has ruled that a hospital trustee who serves as a public official is not inherently in conflict of interest and need not abstain from voting on hospital matters. YQTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye b) Mr. Henning read Tgmp. Ord. #1172 by title. 11 5/8/85 /pm V/M Massaro MOVED APPROVAL of Temp.Qrd, #1172 on second and final reading, SECONDED by C/M Munitz. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 26. Southgate.Ga,rdeng &RartMents - Cardinal Industries - Temp. Reso. #3572 - Discussion and possible action to vacate a portion of a non -vehicular landscape easement along the south side of Southgate Boulevard. (tabled from 4/24/85). APPROVED. RESOLUTION NO. R--85-162 PASSED. Mr. Henning read by title. Mr. Henning said when Mr. Brady of Cardinal Industries was pre- sent a few meetings ago, Council asked whether they should con- sent to this or endorse it for the County and this must be re- solved. He said as it stands today, the title indicates it is for consent to a partial release of a non -vehicular access. V/M Massaro said she would have no objection to handling it either way because the word "partial" indicates that it applies to this property only within that particular landscape easement. V/M Massaro MOVED APPROVAL of Temp,._Reso. #3572. Mr. Henning said the County has a practice of indicating non - vehicular access lines and there is a non -vehicular access line at the Southgate Gardens Apartments plat. He said the site plan was approved, inspected and signed off by the City and County and then it was learned that the existing driveway in these apart- ments severed a non -vehicular access line which was supposed to be a hedge instead of a driveway on the original plat. He said they have asked the City to clear up this defect and he recommended approval. C/M Munitz asked if this would be an illegal driveway and Mr. Henning said there is a conflict because the site plan was approved and would indicate that it is a legal driveway, however, the plat was not amended in concurrence with the site plan so there is a conflict with them both. Toby Turbyfill, Attorney representing Mr. Brady's office, said they do have a revocable License Agreement with the County which allows them to have access to the apartment building using the driveways. Mr. Henning asked Bob Jahn, Chief Building Official, the date of approval of the Certificate of Occupancy on Cardinal Industries property and Mr. Jahn said approximately 9 months to one year ago. C/M Munitz SECONDED the MOTION. Y =: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye COMMUNITY-pFvELOpMENT 30. Woodmont Cguntry Club - 30 - Discussion site plan reflecting the the tennis courts. Reviggd Site _plan - Temn. . and possible action on a revised addition of nine (9) chickee huts at RESOLUTION NO. R-85--163 PASSED. 12 5/8/85 /pm Mr. Henning read by title. Bob Jahn, Chief Building Official, said staff recommends approval. Tape 4 V/M Massaro MOVED APPROVAL of , SECONDED by C/M Munitz. YS2TF : C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 27» - Discussion and possible action on a request to provide for the extension of the hours of operation beyond 2:00 A.M. (tabled from 1/9/85). $YNOPSI5.,.,OF ACTION: TABLED to a future meeting. A petition should be submitted by Mr. Eden showing exactly what he is requesting. Barry Eden, Attorney representing Oasis Lounge, said at a Council meeting approximately two months ago, it was requested by Council that the petitioner return to Council with the Codes of surround- ing cities concerning the hours that lounges are open. He said on the basis of reviewing those statistics, there would be a possibility of having the hours revised to make them more competitive with surrounding communities. He said this was done and submitted to the Council and City Attorney. He said the Oasis Lounge is the only lounge within Tamarac.boundaries which serves.liquor and is located at the 3 Lakes Plaza Shopping Center on Commercial Blvd. east of 441. . Mr. Eden said the request is being made so that the business will be competitive with others and more successful. Mr. Henning said he prepared a memo outlining the Ordinances Mr. Eden presented to his office. He said from this information it would seem that the Oasis Lounge would want a 3:00 A.M. closing instead of a 2:00 A.M. closing. Mr. Eden said that is correct and suggested the City allow special permits on special days as some other cities do. Mr. Henning said it is his understanding that some cities have certain requirements for expanded hours such as an enhanced fee, minimum square footage, a requirement for live entertain- ment, an adjacent restaurant, etc. Mr. Henning said Council should determine if the operation hours should be enhanced at all or for specific days or whether the conditions should be studied. He said this is not on for first reading today but is on for Council's direction to staff to follow up. Mr. Eden asked if Mayor Kravitz could appoint a Council person to meet with him and his client to review this and report to Council with recommendations. Mr. Eden said they are requesting that on a Friday and Saturday, there be a 3:00 A.M. closing instead of a 2:00 A.M. closing and on holidays such as New Years Eve and St. Patrick's Day, there be a 4:00 A.M. closing time. He asked that there be a provision in the Ordinance for special permits at the request of the petitioner to be approved by Council. 13 5/8/85 /pm V/M Massaro said there should be something in writing explaining exactly what the petitioner is seeking. She said when this is received Council can give their recommendations to the City Attorney for drafting an Ordinance. She said she would like a conference with the Police Chief to determine whether this is a problem area for the City. Mayor Kravitz suggested tabling this item until this is resolved. V/M Massaro said she does not think the City Attorney should get too involved until the City receives more information. V/M Massaro MOVED to TABLE this item to a future meeting for receipt of an application from Mr. Eden showing exactly what the applicant is requesting. SECONDED by C/M Munitz. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 3. Beautification Committee - - Discussion and possible action to appoint five (5) regular members and up to three (3) alternate members. SYNOPSIS OL-ACTION: RESOLUTION NO. R--85-154 PASSED. APPROVED as amended with the names of the appointed members. Mr. Henning read Tamp. Rego, #3612 by title. Mayor Kravitz said C/M Gottesman is the liaison to this com- mittee, however, he is not present. He said he and Council re- ceived backup from Florence Bochenek, Chairperson of this com- mittee, recommending the following appointments as regular members: Florence Bochenek William Sutter Morris Landman Seymour Stein Howard Kusnick Mayor Kravitz said Mrs. Bochenek is requesting only one alternate member, Gus Frost, at this time leaving vacancies for two alternate positions. V/M Massaro nominated those indicated by Mayor Kravitz and, hearing no other nominations, she MOVED to APPROVE Mp. eso. #3619 as amended, SECONDED by C/M Munitz. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 5. evices - - Discussion and possible action to appoint three (3) or more members. SYNOPSIS OF ACTION: RESOLUTION NO. R-85-156 PASSED. APPROVED as amended with the names of the appointed members. 1 1 1 14 J' 5/8/85, /pm C/M Munitz, as liaison to this committee, said the recommendation from the Chairperson, Helen Sobel, are as follows: Helen Sobel Herman Lacoff Dr. Martin Green Milton Kern Louis Kaplan Lillian Silverman Beatres Lindenman Norman Marshak Thelma Mansdorf Louis Silverman Dr.Richard Brietstein Melvin Eliasberg Dr. Philip Steinberg Mr. Henning read TQ=p. ResqA3621 by title. Hearing no further nominations, C/M Munitz MOVED APPROVAL of as amended inserting the names appointed, SECONDED by V/M Massaro. 1+1@W a� C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye Discussion and possible action to appoint five (5) members. ZyN9PSTS_. .ACTI �I: RESOLUTION NO. R--85-159 PASSED. APPROVED as amended with the names of the appointed members. Mr. Henning read by title. V/M Massaro, as liaison to this committee, nominated the follow- ing: Alfred Robbins Sidney Brumberger Steven Popick Oscar Brawer Irving Haymes Hearing no other nominations, V/M Massaro MOVED to close the nominations and MOVED APPROVAL of T,=n.._R,go. #3624 as amended, SECONDED by C/M Munitz. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 9. Veterana Aff irs Co itter. - - Discussion and possible action to appoint five (5) or more members. SYNOPSIS OF ALC=TIO : RESOLUTION NO. R-85-160 PASSED. APPROVED as amended with the names of the appointed members. Mr. Henning read Temp.. Reso. #3625 by title. Mayor Kravitz, as liaison to this committee, said the Chairman of the committee has recommended that the existing committee of 9 members be reappointed: Irving Schneider Al Mallor Jack Slutsky Ben Cherkis Solomon Kucharsky Gerald Mantel Lamson Peter Smith Kenneth J. Drown Irving Zucker 15 V". 5/8/85 /pm V/M Massaro MOVED APPROVAL of as amended, SECONDED by C/M Munitz. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye a) Minutes of 3/27/85 - Regular Meeting -- Approval recommended by City Clerk. b) Minutes of 4/15/85 -- Special Meeting (4:30 P.M.) - Approval recommended by City Clerk. c) Minutes of 4/1.5/85 - Special Meeting (5:30 P.M.) - Approval recommended by City Clerk. d) Minutes of 4/30/85 - Special Meeting - Approval recommended by City Clerk. e) Alan F. Ruf - Consulting City Attorney - 5/2/85 - $2,430.55 - Approval recommended by City Attorney. f) Richard S. Rubin, AIA - Consulting City Planner - Services for April, 1985 - $3,792.50 - Approval recommended by Chief Building Official and Acting City Manager. g) James M. Montgomery, Consulting Engineers, Inc. - Approval to pay the following invoices: 1) Invoice 50585 - $2,050.00 - TUW Effluent Disposal Alterna- tive Study - Approval recommended by Utilities Director/ City Engineer. 2) Invoice 50586 - $90.00 - TUW Sewage Treatment Plant #3 structural rehabilitation - Approval recommended by Util- ities Director/City Engineer. h) University Community Hospital - Medical Examinations for Executive/Managerial and Supervisory employees pursuant to Resolution 85--6 - $6,360.00 - Approval recommended by Per- sonnel Director. i) Florida League of Cities - Coordination of Legislative Policy Positions - Temp. Reso. i3571 regarding use of City funds - Approval to remove this item from the agenda (tabled from 3/27/85). j) Reduction of Water Consumption - Temp. Reso. #3602 - Approval to remove this item from the agenda (tabled from 4/10/85). SYNOPSIS OF ACTION: APPROVED Items a) through j ) . C/M Munitz MOVED APPROVAL of Items a) through j), SECONDED by V/M Massaro. ff*T4 T C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 10. investment Advisory Cgmmittee - Temp, Reso. _ #352k - Discussion and possible action to appoint five (5) members. SXNOPSIS OF ACTION: TABLED for more applications. Mr. Henning read Temp. Reso,_#3.62-6 by title. 1 1 1 16 5 8 85 V /pm Mayor Kravitz recommended appointment of "up to" five members be Tabled since the total number of applications have been less than five. C/M Munitz MOVED to TABLE this item, SECONDED by V/M Massaro. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye Mayor Kravitz recessed the meeting to 1:45 P.M. for lunch. Tape 5 Mayor Kravitz called the meeting to order at 1:45 P.M. ROLL CALL; kUSENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Raymond J. Munitz ABSENT AND__=E=USUp.- Councilman Arthur H. Gottesman (C/M Gottesman entered at 3:10 p.m.) Councilman Sydney M. Stein LEGAL AFFAIII&S5 23• lic Emplgveara - Discussion and presentation by George H. Tucker, attorney for the Federation, which represents one of the Tamarac employees' bargaining units. SYNORSIS OF ACTION: TABLED for more information. George H. Tucker, Attorney for the. Federation of Public Employees, said he represents two bargaining units, the blue collar unit and white collar unit. He said his appearance is to inform the Council of the deterioration of the bargaining rela- tionship between the Federation and the City. He said the main reason for this deterioration of the bargaining relationship is the intentional and deliberate misrepresentation by the City negotiating committee during the last contract negotiations. Mr. Tucker said in order to aid Council in following his presentation, he prepared a chart which he distributed to Coun- cil. He said the employees are divided into groups on the chart and they are concerned about the comparison between the Federa- tion units and the non -represented units. He said the wage increase effective 10/1/84 gave everyone in the City a 5% in- crease while the Federation got a 1% increase. He said that is misrepresentation number one. He said during contract negotia- tions they were informed by Personnel Director, Larry Perretti, that the City had no more money. He said, in fact, it was not until the last bargaining session that any wage increase was put on the table by the City. Mr. Tucker said the Federation confronted Mr. Perretti and he swore that Tamarac had no money and no one would be getting a raise. He said they were told that when the Federation got 1%, that amount would be received by all the City employees. 17 5/8/85 /pm Mr. Tucker said this City has a history of giving wage increases and benefits in the same proportion and ratio to the non represented employees as they have the Federation unit. He said he knows because he has been involved with this unit since its inception in 1978/79. He said he has acted as the business representative to the employees in Tamarac and is familiar with every negotiation which has taken place since the Federation became the certified bargaining representative. Mr. Tucker said the second misrepresentation was on the sick leave accrual. He said Mr. Perretti told them that there would be a uniform City policy and there would be an elimination of the designations of annual leave and sick leave and there would only be one statement that would be "Annual Leave". He said they talked about the fact that the City could not afford to pay the accrued leave on a day -for -day basis for every employee in the City, therefore, a percentage was worked out which Mr. Perretti swore would be uniform thoughout the City of less than 100% for those days which were banked by these employees. He said each employee would start from 0 on 10/l/84,.however, the Federation is the only unit that forfeited their past accrual. Mr. Tucker urged Council to look at the chart showing the differ- ence between the Confidential employees and the Federation bar- gaining unit employees. He said the difference is simply a definition by State Statute of someone who is involved or has records pass through their hands with regard to collective bar- gaining and the budget. He said there is no other difference since they have no more responsibility, no more supervisory capability or supervision. He said the Confidential employees received a 5% wage increase while the Federation got 1%, doing away with the past accrual of the sick leave - the Federation gives up theirs at less than 100% and the rest of the City main- tains accruing. He said these items were told to the Federation several times during negotiations and is a deliberate misrepresentation by the City. Mr. Tucker said the City has had a good collective bargaining relationship with the Federation throughout its history until Mr. Perretti and Mr. Johnson came into power. He said the reason there was a good relationship was because they could rely upon what the other person said. He said it was a strident relation- ship, as all collective bargaining relationships are, but there was a trust in what the other person said with no misrepresenta- tions. He said that relationship is gone and the only people singled out for this treatment are the Federation of Public Em- ployees. He said the reasons that were given are fallacious because the logical comparison is between the Confidential and Federation employees. Mr. Tucker said the Executive and Managerial, the Supervisory and the Confidential employees have gotten their increases on the backs of the employees of the Federation of Public Employees. He said this was strict, deliberate and deceitful action. He refer- red to an arbitration case which was recently settled because the City, on its own, decided that although they contracted and were obligated to pay people a 40-hour work week, they decided that during Christmas and New Years week they only had to pay the employees 36 hours. He said the Federation attempted to resolve problems and were refused and went to arbitration which cost money to the citizens of Tamarac and the union. 18 5/8/85 /pm Mr. Tucker said the arbitrator felt the City's argument was ridiculous and ruled the City must pay each employee 8 hours pay for those two weeks that they were paid a 36-hour week. He said this type of deceitful behavior does not solve problems and labor relations are an attempt to solve problems with arbitration as a safety valve. He said there is no excuse with regard to negotiations. He said if Mr. Johnson and Mr. Perretti are stating that the Federation can no longer rely upon what they are saying, then the Federation will challenge them each time but it will cost the citizens of Tamarac every time. He said in all the time that the Federation has been with the City there have only been one or two arbitration cases and everything else has been resolved. Mr. Tucker asked Council to reopen this contract with regard to the wage increase on 10/1/841 elimination of sick leave accrual, and equity for all employees of the City. Mr. Henning said Council agreed to entertain Mr. Tucker's presentation and staff needs guidance as to the method of response. City Manager Johnson said he does not feel Council needs guidelines today to respond to Mr. Tucker and he noted that the bargaining was 95% complete when he came to the City. He said the City Attorney and he are under a separate plan and not covered by the Executive/Managerial Plan and he suggested Council listen to all the tapes of all the bargaining sessions with this union. He said after Council has reviewed the tapes, this can be discussed further. Mr. Henning asked Mr. Tucker if he is asking Council to consider a comparison of the Confidential employees and the PPE employees and that, regardless of Florida Statutes or otherwise, the other categories would not be in with the bargaining unit. Mr. Tucker said what the Florida Statutes say or do not say really has no bearing on this issue. He said he is asking Council to look at the whole City and, specifically, at the Confidential employees. Mr. Tucker said Council can review the tapes as much as necessary but the fact remains that in the past the City has always given the non -represented employees the same salary and benefits as the Federation unit. City Manager Johnson said if Council listens to the tapes they will discover that some of the accusations Mr. Tucker made are not exactly true and he will have time to review a copy of Mr. Perretti's memo. Mr. Tucker said he is ready to respond to Mr. Perretti today since he laid out his position in several letters to the Council and would rather not postpone this further, City Manager Johnson suggested if the Federation has a complaint it be filed with PERC, which is the agency that handles this, for their determination. Mr. Tucker said this would spend the money of the taxpayer. Mr. Henning asked Mr. Tucker if he is requesting that Council reopen negotiations on the labor contract for the FPE employees for the categories of wages, sick and vacation leave, the buy- back provision of accrued leave and the provisions for vacation leave policies. Mr. Tucker said that is correct since those are the areas that were misrepresented. V/M Massaro said she wants to listen to the negotiation tapes and will make a decision after that on what action should be proposed. 19 5/8/85 1 /pm V/M Massaro MOVED to TABLE this item for more information, SECONDED by C/M Munitz. VOTE:. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 21. Insurance Advisory_ ComMlttP& - Tom?- Ord. #1194 - Dis- cussion and possible action to create Section 2-43 of the Code to establish this committee. Second Reading. ,SYNOPSIS_OF_ACTION: TABLED for revision by the City Attorney based on the input at this meeting. Public Hearing was held. Mr. Henning read by title. Mr. Henning said several months ago most of the committees were placed in Chapter 2 of the City Code and procedures were discuss- ed for the committees. He said at that point, one of the comm- ittees proposed was the Insurance Advisory Committee. He said it was tabled at the time and there were other changes to the gener- al committee Ordinance. He said at the request of the Council, in order to create the Insurance Advisory Committee, he took the old draft proposed about a year ago and put it in the form of this Ordinance. He said at the 4/15/85 Council meeting, Council amended the Ordinance to provide that the Finance Director or his designee would serve as an ex-officio member of the committee. He said this is an advisory committee which reviews the insurance requirements for the City and has no specific authority as far as management is concerned. Mayor Kravitz opened the public hearing. Bill Hannaford, President of Westwood II, asked how many members will be on this committee and whether there will be some method of establishing the liability of the individuals handling the finances within the City. Mayor Kravitz said there will be five regular members appointed and they will be serving without compensation at the pleasure of.Council and no public member shall be actively engaged as an employee, officer, board member, consultant, or representative of any organization licensed to provide insurance in Florida. Mayor Kravitz said the City Manager is in charge of that. City Manager Johnson said he does not set the limits on insurance but that does come before Council and he assumed this committee would recommend limits to the Council. Mr. Henning said he does not agree that the City is underinsured and, al- though he agrees to some extent that the City should be insured as a corporation, the State Statutes and Sovereign Immunity provisions do provide differences for municipalities in Florida vs. private corporations. Mayor Kravitz closed the public hear- ing with no further response. V/M Massaro questioned whether Council has limited who can be on this board too much and she suggested that companies represented by these people be excluded rather than the persons themselves because of their knowledge. City Manager Johnson said there should be a stipulation that if they are on the committee, the City cannot do business with their company. Mr. Henning referred to Page 2 of the Ordinance at the top of the page, the language, "No public member shall be actively engaged as an employee, officer, board member, consultant, or representative of any organization licensed t,o Rroyide insurance in the Sta:te of Florida". He suggested this language be changed to read "that_ja doing-buginess with the City gf n 1 1 1 20 5/8/85 /pm C/M Munitz noted that this seems inconsistent with the original language which stated that "in addition to the regular members, the Finance Director or his designee shall serve as an ex-officio member of this committee". He asked who would be more knowledge- able in the area of insurance than the Finance Director. City Manager Johnson said he thinks the way it is now is better because he will have some recommendations on reorganization of structure of the City and this presently works fine. He said staff can sit in on the committee to advise them if necessary. V/M Massaro said having to sit in on these committees at all times is too time consuming. Mr. Henning said on Page 2, instead of excluding all these people from the committee it would read, "no public member shall be actively engaged as an employee, officer, board member, consult- ant or representative of any organization doing hg.ainesB.-,.with the City -of Tamarac in—tbe ". He said the language n ,.in the StatC of Florida" would be stricken. V/M Massaro suggested Mr. Henning research the State Law and prepare whatever language is proper for discussion at the next meeting. C/M Munitz said the original language stated that the "Finance Director or his designee shall serve..." and he suggested that be changed to M serve so that there could be some meaningful input from the Finance Director or his designee. Mr. Henning asked C/M Munitz if he had the 4/15/85 revision and C/M Munitz said yes. Mr. Henning said if the City Manager or his designee wanted to be notified of the meetings, he could have someone attend. C/M Munitz MOVED to TABLE this item for revision by the City Attorney based on the input at this meeting. SECONDED by V/M Massaro. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 14• -- Discussion and possible action to confirm the City, -Managers appointment of Robert Jahn as the Director of Community Development in addition to being Chief Building Official. $y SIS M AC,TION: APPROVED. City Manager Johnson said in October, when he sent a memo to Counci1_regarding Bob Jahn's appointment as Chief Building Official, he left out the Development". He recommended full title of "Director of Community to Council that they approve his appointment at this time. V/M Massaro so MOVED, SECONDED by C/M Munitz. YTE : C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 21 5/8/85 /pm ClarificationZ 15 . ' - '" - Discussion and possible action on the following recommendations: a) amendment of the plan to allow for waiver of weekly limit on convalescent and rehabilitation benefits. b) City contribution to be escrowed toward first year premium of continued insurance for disabled individuals. SXNOP,U6 OF :.TABLED for definite recommendations from all staff involved. a) Mr. Henning said this was presented to Council at the previous meeting and this is being discussed because there are two situa- tions where two employees are retired on disability. He said this is as a result of accidents or illnesses that did not occur on the job. He said there are two proposals for changes in the present provisions in the health insurance and retirement plan in his memo to Council. Mr. Henning said the first concerns the rehabilitative benefits that the policy provides for $10,000 of coverage for rehabilitative benefits. He said an example would be speech therapy for a stoke victim, physical therapy for a car accident victim, etc. He said this would be outside the hospital type of care. He said the policy provides that rehabilitative coverage ,is meted out at $100 per week until $10,000 is capped out. He said he was told by experts that the most crucial time is the first weeks or months that the patient leaves the hospital to reach a level of recovery. He said if there were a situation where a person is on disability but wants to come back to work, they should not have to wait two years if they can be rehabilitated before that. Mr. Henning said the proposal is not for an increase in benefits but merely for an acceleration.of benefits. He said it is anticipated that this would be with Council approval on a case -by -case method. C/M Munitz asked what the procedures are now for paying the $10,000 maximum coverage. Larry Perretti, Personnel Director, said when the City acquired the self insurance program, it was agreed that they would adopt the same benefit procedure that there was when the City had a carrier. He said the third party administrator and the City carried along all the other benefits. He said this year there were two long-term employees who had major heart attacks and the doctor in one case said there was a dilemma since this employee is costing the self-insurance program $8,000 per week while he is in the hospital, however, if he could be given home --service care, it would be much cheaper. Mr. Perretti said the person involved was started on home therapy when the City received.a call that the carrier was only going to pay $100 per week for therapy. He said the Home Service Care stated that $100 could be paid per week with a $10,000 cap. He said this is an administrative problem since there is not a service available that will give two or three therapies per week for $100. He said he would suggest that the $10,000 cap now be used to pay the bills and once this amount is used, however long it might take, that would be the end of the City's involvement. Mr. Henning said it has been explained that this is a reimburse- ment of actual bills with 100% coverage up to $10,000. 22 5/8/85 /pm V/M Massaro said if this insurance was held by a carrier, they would not do this. Mr. Henning said another alternative might be to change the $100 figure to a more reasonable figure of $300, $350 or $500. Mr. Perretti said this is an 80% amount not 100% and he met with the third party administrator about a month ago to discuss alternatives and felt this was best for the City and the families involved to know what the bottom dollar would be. Mr. Henning said the proposal from staff is not to have Council review each case but to determine a proposal which seems to fit all the circumstances better than this proposal and have it apply to everyone. He suggested raising the amount per week and V/M Massaro said giving them larger amounts in a shorter period of time might not be in the best interests of those involved. Judy Deutsch, Assistant Personnel Director, said they are trying to protect the employee who is disabled and is incurring heavy expenses without a weekly salary coming in. She said they are also trying to protect the City since they were expending approximately $9,000 per week in this particular case where home health care would have saved the City in excess of $8,000 per week. She said the doctor kept the individual in the hospital because they were unable to provide the services under the City's present policy. She said generally the first few months of rehabilitation are crucial and people do not have physical rehab in excess of one year. She said a limit is not set for physi cians and there should be no limit for home health care either. V/M Massaro referred to Mr. Henning's memo of 4/25/85, Paragraph a) last sentence which read, "The proposal is to retain the $10,000 cap but allow a waiver for employees with at least one (1) full year of service with the City of $100 per week limit- ation." Mr. Henning said there was a third revision to this memo. Mrs. Deutsch said the waiver should be part of Paragraph b) since they would like to amend the plan to allow for the waiver of the weekly limit. Mr. Henning said Part a) should be a recommendation or request for an amendment of the plan to allow for waiver of the weekly limit on convalescence/rehabilitative benefits. He said presently, after a hospital stay, the plan provides $10,000 coverage but only $100 per week. He said the proposal is to retain the $10,000 cap but allow a waiver of the $100 per week limitation. He said the language, "for employees with at least one year of service with the City" should be stricken. Mr. Henning suggested discussing the b) portion of the item. b) Mr. Henning read from his memo of 4/25/85 which stated, "City contribution towards the first year premium of continued insur- ance for permanently disabled employee"... He said there is a proposal to escrow $170 per month, which is $2,040 with the M.I.A., the Insurance Administrator, to contribute towards month- ly premiums. Mr. Henning asked what obligation the City has to continue to provide health insurance to employees for the follow- ing year after retirement considering the situation where a fully -vested City employee, who is receiving benefits because of disability and takes early disability retirement. He asked what the advantages are to the City of escrowing this payment and paying the Administrator for the insurance and what the alterna- tives are. Mrs. Deutsch said what was deleted from Section a) should be added to Section b) noting that this would apply only to em- ployees with at least one full year of service. 23 5/8/85 /pm Mrs. Deutsch said the City's present plan provides that if an employee should leave the City with a pre-existing condition, that condition would be covered for up to 12 months. She said the City will have to pay one way or another and she would prefer to get that experience for the City's group since the City no longer has control over the employee to the extent that he is not gainfully employed. She said the premium is approximately $2,700 per year which is a tremendous burden for someone who becomes disabled during his earning years and has heavy medical expenses. V/M Massaro asked when the City became involved in insurance and Mr. Henning said the history is that the City used the League of Cities program for several years and, one year ago, the City went to self-insurance. He..said M.I.A. is the Insurance Administrator in Pompano that does the paper work for the City for the self insurance fund. V/M Massaro said she wants to know more about this and is not ready to act at this time and Mr. Henning said today staff needs direction as to how to answer Council's questions. C/M Munitz MOVED to TABLE this item for definite recommendations from all elements of staff involved. SECONDED by V/M Massaro, VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 11. Insurance Advisory Committee -- If Temp —Ord. #1194, Item #21, is passed by Council on second reading at 2:00 P.M., five (5) vacancies on this committee will be announced by Mayor Kravitz. SXNOPSIS OF ACTION: TABLED announcement of vacancies on this committee. Mayor Kravitz noted that action on the Insurance Advisory Comm- ittee has been Tabled, therefore, vacancies cannot be announced at this time and this item should be TABLED until the Ordinance is passed. C/M Munitz so MOVED, SECONDED by V/M Massaro. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 24 5/8/85 /pm 16. City Depository - Discussion and possible action regarding the City's sweep (checking) account at NCNB National Bank of Florida. Report and recommendations by the City Attorney and Finance Director. SYNOPSIS OF ACTION: TABLED for further information. Mr. Henning said Council's backup contains Page 12 from the Charter which is Section 7.18 regarding deposit and investment of City funds. He said since the ESM matter, the City has reviewed this Section closely and he requested discussion concerning the sweep account. He said today Council is discussing the (a) portion of this Section which concerns City Depgsitorigs and states,."The City shall, from time to time, in its discretion, designate banks or trust companies as City depositories. The City Council may, as provided by law, establish rules and regu- lations governing the deposits/withdrawals of funds, security to be deposited by depository and other safeguards for the deposited City funds." Mr. Henning said based on the bond -issue that was used to pur- chase this present City Hall, the Bank of Tamarac, later Summit Bank, then Gulfstream Bank and now North Carolina National Bank (NCNB), is the City's depository. He said he does not believe the City can change NCNB without retiring the bonds that are outstanding for the purchase of this building. He said assuming NCNB is the City's bank for the depository, there is nothing in the (a) portion of this Section that addresses the U.S. Bonds and Treasury Notes, etc. which have been discussed in the (c) portion of this Section. C/M Munitz referred to the fourth line in the (a) portion of Section 7.08, and asked what securities the City has at this point from the depository and what safeguards are used now. Mr. Henning said the City has its checking account in NCNB with a sweep account, which is all the money that is on deposit in excess of the core (which is approximately $235,000 and is similar to a minimum deposit in an individual checking account). He said the City's core is not interest -bearing since the inter- est goes to pay the expenses of the checking account. He said the City has more money in the bank than that and this is a function of various disbursements such as the payroll and the revenues of the developers impact fees, etc. He said like any checking account, it fluctuates. Mr. Henning said the sweep account refers to the dollars on deposit in excess of the $235,000 core and the sweep account earns money market rates, which is approximately 7-1/2% to 8% on the average. He said this rate is a daily rate and the money is available to the City any day. He said the sweep account money is invested in Repurchase Agreements, these Repurchase Agreements are legal and the requirement of Florida Statutes for Repurchase Agreements is an arrangement where the securities can be held with the City. He said this is impractical if the amounts are changing from day to day or, they can be held in a third party safe keeping arrangement, which is the most practical arrangement. Mr. Henning said there are alternatives and the City has met with top representatives from NCNB to discuss these. C/M Gottesman entered the meeting at 3:10 P.M. Mr. Henning asked Mr. Wood, Finance Director, if the Repo Agree- ment for the sweep account is of U.S. Treasury Notes and other low -risk types of securities. Mr. Wood said the securities that are set aside by the nightly sweep are obligations of the U.S. Government. V/M Massaro asked who has them and Mr. Wood said NCNB. 25 5/8/85 /pm C/M Munitz asked if they can be properly identified and Mr. Wood said the City receives daily tickets from NCNB showing the securities pledged to offset the amount that the City is paid the Federal fund rate on. Mr. Henning asked if they would be called "Safe Keeping Receipts" and Mr. wood said yes. Mayor Kravitz asked if they are put in the name of Tamarac and Mr. Wood said no, they are not. Mayor Kravitz said they could be used two or three times with different funds and Mr. Wood said they are subject to the Florida banking laws and other laws that prohibit a bank from doing that. Mayor Kravitz said the Council never received written documenta- tion of whether the City must stay with NCNB and he requested documentation on that. V/M Massaro agreed with Mayor Kravitz. Mr. Henning said that would be the first question but no matter which bank the City deals with, the question is since the sweep account is the standard for the trade, whether that would be acceptable or whether Council would consider not having a sweep account at all. Mayor Kravitz said his questions are, first, whether the City must stay with NCNB and, second, whether the City wants to stay with a sweep account. V/M Massaro said she would also like to know something about the $235,000 core with no interest and she requested answers to those things as soon as possible. V/M Massaro MOVED to TABLE this item for further information, SECONDED by C/M Munitz. 13. FFinanc. Director - Report by City Manager. - Discussion and possible action (continued from 4/24/85). SYNOPSIS OF ACTION: City Manager Johnson reported that due to the Council's vote of "No Confidence" in Steve Wood, Finance Director, he has been removed from his position as Finance Director effective Friday, 5/10/85 at 5 P.M. City Manager Johnson said he does not think Council needs to take any action according to the Charter and he read into the record his letter to Steve Wood dated 5/7/85 (See Attachment 1). He read his memo dated 5/7/85 into the record (See Attachment 2). Mayor Kravitz asked why the City Manager made the termination effective Friday, 5/10/85 and City Manager Johnson said there are many things to be documented and completed and it is the close out of a pay period. He said this was the suggestion of the labor attorney as well. Mayor Kravitz said he would be opposed to Mr. Wood's submission of his resignation if he were paid approximately $25,000 plus dependent insurance premiums for 6 months as he requested. He said if there was a vote of "No Confidence" in an employee, he should not be given a bonus. City Manager Johnson said this was done in the past and the attorney asked that this information be given to Council. Tape 7 C/M Munitz said he is still waiting to hear specific charges against Mr. Wood and he feels Mr. Wood's removal is detrimental to the best interests of the City at this time. Mayor Kravitz said at the previous Council meeting he asked Council members to meet with the City Attorney and City Manager to give input before the City Manager gave a final decision. 1 1 1 26 5/8/85 /pm Mayor Kravitz said the Council voted "No Confidence" and he did not feel this was the time to make charges. City Manager Johnson said there is no action required by Council since he already terminated Mr. Wood. He said he would be against giving Mr. Wood any type of remuneration at this time except sick leave or vacation time that is his. V/M Massaro said she agreed he should not receive any additional compensation and she is satisfied that he will be receiving everything he is supposed to. C/M Gottesman said it is general practice in most companies that a certain severance pay be given and he felt one months' salary should be given as a severance pay. Ed Solomon, resident, said he felt it would be cheaper for the City to have a lawsuit concerning this than to give anything to Mr. Wood. Vickie Beech, resident, said she is concerned that this is a precedent that the City will be setting. V/M Massaro said the City Manager commented that this was done in the past and she felt it is wrong when anyone is terminated for whatever reason and they are given a present. Mayor Kravitz noted that no further action was necessary on this item. 19• unicival CQmplex - Discussion and possible action on a request for payment of Miller & Meier Invoice No. F1301 in the amount of $21,427.66. Mr. Henning said there is a cover memo on this item from him dated 4/18/85 and the invoice is three different amounts reaching the total. He said up to this point, the Council authorized the construction drawings for the City Hall and the Police Station and the City was billed and paid for the City Hall construction drawings. He said the construction drawings for the Police Station are now complete and the amount of $15,545.40 on the invoice is the amount to pay the remainder due for the construction drawings for the Police Station. He said there is a past -'due billing for engineering costs of $930.00 and these two items are due under the contract. Mr. Henning said the third amount which brings the total to $21,427.66, is the $4,952.26 which is almost half of the $10,000 authorized as,a cap to redo the site plan based on an hourly rate. He said this is pursuant to the contract and he brought this to Council's attention because in the past there was dispute as to whether or not payment should be made of any of the $10,000 additional amount to redo the site plan. He said since this was agendized, the City may have received a second invoice. He recommended that Council pay the amounts of $15,545.40 and $930 past due from engineering costs. He said he has just alerted Council of the other amount for discussion. C/M Gottesman asked from what funds this money is being paid to the architect since the bonds have not been issued. City Manager Johnson said the Council has appropriated money into an account out of the Contingency Fund to pay these expenses until the bonds are issued. He said this has been transferred and is being accounted for. C/M Gottesman said he has listened to various tapes from Council meetings regarding discussions concerning the Municipal Complex. 27 5/8/85 /pm C/M Gottesman said the changes requested were made based upon things that were not reflected in the architect's original view points to Council. He said what the architect submitted and Council approved were two different things completely. He said the former Council had no technical knowledge and they were not the same type of drawings that were shown when the architects presented their concept. He said he feels any money should be held until it is clarified why there is a change order for a site plan. He said this appeared premature to him since nothing has been built as yet. V/M Massaro said nothing should be paid until Council receives answers from the architects as to where this is now and why they have not stopped the site plan work. She said the bill increases each time it is brought before Council. C/M Gottesman MOVED to TABLE this item withholding payments, SECONDED by V/M Massaro. C/M Gottesman left the meeting at 3:35 P.M. Mayor Kravitz noted that C/M Gottesman was leaving and entering the meeting all day because of his wife's operation today. 17. -- Discussion and possible action on a request by the school to use City vehicles for a student field trip on 6/17/85 (tabled from 4/24/85). City Manager Johnson said he has notified the school that he recommended they do not use the City buses, however, they can use the park at no charge. He said since then they called and asked that the City bus the whole fifth grade class to City Hall for Government Day. He said the driver will have to be hired and paid and this bus trip was approved since it is a City function. Mayor Kravitz requested a MOTION DENYING the use of City vehicles for the field trip on 6/17/85 and V/M Massaro so MOVED, SECONDED by C/M Munitz. 18. utilitigs Ngst - Discussion and possible action to waive the bidding requirements and allow staff negotiation with three vendors in order to install approximately 200 lineal feet of pipe line and construct a concrete wall to enclose the biofilter building to facilitate removal of compost odors on an emergency basis in an amount not to exceed $8,000.00. SYNOPSIS OF ACTION: The City Manager was authorized to follow through on this. V/M Massaro said this item concerns the present wastewater treat- ment plant which has had a dome installed to alleviate the odor problem. She said this has helped and the inspectors have indi- cated that it is the best maintained wastewater treatment plant in Broward County. She said the odor that is present now is not the sewer odor but the compost odor and the Engineer, together with the Supervisor at the Utility had decided that there may be a solution to the compost problem. 1 1 28 5/8/85 /pm 1 11 1 V/M Massaro said there are two people in that area that call DER almost daily and each time they send the Inspector out she must turn in a report because there is a compost odor detectable. She said the Engineer and the Supervisor thought of closing in the space between the biofilter and the dome with the concrete wall and inserting 200-feet of air suction pipe at the open end to recycle it back into the biofilter. She said this might remove the compost odor completely and the Utilities Director/City Engineer is requesting approval from Council to do this on an emergency basis. C/M Munitz asked how much money the City has spent in the past to remove these odors and Mayor Kravitz said approximately $200,000. C/M Munitz said he is hopeful the City is not spending good money after bad for a "hopeful" solution. V/M Massaro said there are four wastewater treatment plants there and there is no utility that does not have an odor. V/M Massaro MOVED to authorize the City Manager to waive the bidding requirements and allow staff negotiation with three ven- dors in order to install approximately 200 lineal feet of pipe line and construct a concrete wall to enclose the biofilter building to facilitate removal of compost odors on an emergency basis in an amount not to exceed $8,000.00. SECONDED by C/M Munitz. 20. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTIO]3: Mayor Kravitz gave a report. Mayor Kravitz reported that through the efforts of the County Commissioner Scott Cowan, Chairman of the League, they will have, as the major part of their membership meeting, which will be held on 5/16/85, Fred Loopman, Deputy State Treasurer for the State of Florida. He said Mr. Loopman will speak on the safety and secur- ity of municipal investments. Mayor Kravitz said the League recommends that the Mayor, Council, City Manager, Finance Director, City Attorney and other indivi- duals who handle investments for municipalities, be there to give input. Mayor Kravitz said the long --awaited Solid Waste Interlocal Agreement will be presented and discussed in a Special Meeting to be held in Conference Rooms A & B of the Main Library in Fort Lauderdale. He said the League requested representatives of Public Works, Utilities, City Attorney, Council, Mayor and others attend on Friday, 6/7/85 beginning at 9:00 A.M. and concluding at 3:00 P.M. He said lunch will be provided through the courtesy of Floyd Johnson and Tom Henderson and the Broward County Comm issioners at 11:45 A.M. 29 5/8/85 vn /pm 24. Water and Sewer Chances - - Discussion and possible action to amend Section 27-51 of the Code to delete all references to deferred payments and financing of contribution charges and to amend Section 27-52 of the Code to delete some references to deferred payments for guaranteed revenues. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read Temp. Ord. #1195 by title. Mr. Henning said this is a housekeeping Ordinance that brings the City Code up to status quo with current practice for the last year or two. He said at that time the City changed the method of payment for the connection charges with the Utility plant. He said in past years, the City was in financing arrangements where a certain impact fee was set and then financed at a 14% interest rate over a certain schedule during the construction of a large multi -family apartment development. He said this was done customarily by Code for many large apartment complexes in the City and was completely legal at the time. Mr. Henning said about two years ago, Council decided that, as is done in commercial developments, residential developments should pay their impact fees up front for the connection charges. He said the practical impact of this has been that many developments have been smaller and, yet, the Code has not been amended and this would just serve that purpose. He said most of this Ordin- ance is deletions of the financing that was the practice several years ago and the new language indicates that the payment will be up front at the time of site plan approval at the latest. Mr. Henning said in the water and sewer contracts that have been in use for the past two years, there are additional safeguards to the City such as liening the developers property if guaranteed revenues are not paid, etc. He said these additional remedies that are in practice are added to the Ordinance on Page 8. He said if Council approves this Ordinance it will establish the status quo in the Code book. Mr. Henning said there has been a proposal that the City assess the impact fees at building permit stage as the County does, which would require a different amendment. C/M Munitz asked how this affects the timing in which the City receives the money and Mr. Henning said now the Council does not accept final site plan approval until the Water and Sewer Agreement is in appropriate form and the payments are made for the connection charges. He said it would have no affect on what has been occurring the past two years. V/M Massaro MOVED APPROVAL of Temp. Ord. #1195 on first reading, SECONDED by C/M Munitz. VQTE : ALL VOTED_ AYE 29. Tamarac Utilities West - Grant Revenues - Temp, Ord. 41196 - Discussion and possible action to amend Chapter 27 of the Code pertaining to. State of Florida Grant Revenue Generation System Requirements. First Reading. SYN.QPSIS .SSE., ACT.i4N: APPROVED on first reading as amended. Mr. Henning read TeMp. Ord. #1196 by title. Mr. Henning said this Ordinance is the same type of Ordinance passed several weeks ago regarding Tamarac Utilities East. He said a requirement in order to receive grant funds is that the Council must set aside this Capital Construction Fund for the Utility Revenue Generation System Requirements. 30 5/8/85 /pm Mr. Henning said it was a much smaller amount on the East side that was established in order to accept the grant.for the removal of the septic tanks and tie in to the sewer plant. He said this Ordinance is longer and more complicated because it affects three grants that the City is hopeful of receiving. He said this establishes this separate fund for the Northwest Network 24 Force Main and Pumping Station, the Sludge Dewatering and Composting, and the Deep Well Project. Mr. Henning said one of the projects, the Northwest Network 24 Force Main and Pumping Station, requires that deposits be made for 40 years, which is the projected life of the project. He said the other two projects are for 20 years each with the amounts being deposited until the necessary total is reached. He said these deposits are just Capital Funds with the City, that is, City dollars with City interest. He said in order to accept the grants, these funds must be established. He said in order to fund the sinking funds, it is anticipated that there will need to be some adjustment of the rates. Mr. Henning said that is not being discussed today because rate Resolutions are one reading and not two and there must be at least a second reading of this to pass that. He said there are separate advertisements required for rate Resolutions and by Code it would be 3 days in advance of the hearing. He said this money will have to be funded through rates but it is conceivable that the grant would help offset some of this expense. V/M Massaro said something should be done about the rate study as well because the rate study that has been made does not take all this into consideration and should be upgraded. City Manager Johnson said it does include the sinking fund for the new bond issue. Mr. Henning said there should be clarifications on this before second reading and he referred to a typo on Line 21 on Page 1, "Generation System Requirements" and he added the langu- age, "is hereby created...". C/M Munitz asked if these funds have a cap and, if so, once that cap is reached, whether from contributions or money earned by contributions, is it deceased. Mr. Henning said yes, the caps are a), b) and c) on Page 3 of the Ordinance and the annual contributions are on Page 2, a), b) and c). City Manager Johnson said he is uncertain as to whether or not the City will receive Item c) . V/M Massaro MOVED APPROVAL of T-emp.._ Ord. #1196 on first reading, SECONDED by C/M Munitz. C/M Munitz said these are all subject to the City getting the grants and Mr. Henning said the City must have this Ordinance to accept the grant but if the City does not get the grant, that paragraph can be repealed. V/M Massaro added the words "as amended" to her MOTION and C/M Munitz, as the SECOND, agreed. VOTE: ALL YQTED-AYE 31 5/8/85 /pm �T0 U W N 4+[O N' T41-4 33. e t - Discussion and possible action on: a) Release of performance bond posted for water and sewage system improvements subject to receipt of one-year warranty bonds - Temp. ,Reso. #,3628 Tape 8 b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. #3fi29 SYNOPSIS OF ACTION: APPROVED a) and b) RESOLUTION NO. R-85-164 PASSED. RESOLUTION NO. R--85-165 PASSED. a) Mr. Henning read T mp.,Rggos#3628 by title. V/M Massaro MOVED APPROVAL of TTee ,_Reso. #3628, SECONDED by C/M Munitz. EDITOR -IS -NOTE: APPROVAL of Temp. Reso. #3628 released Letters of Credit #82547 and 82548 posted for water and sewer system improvements in the amounts of $40,566.00 and $36,832.00 subject to the following conditions: 1. Receipt of a one-year warranty bond in the amount of $12,356.15 for the water system improvements. 2. Receipt of a one-year warranty bond in the amount of $12,899.25 for the sewer system improvements. 3. Payment of additional engineering fees due in the amount of $2,488.94. b) Mr. Henning read Temp. Rggo. #3629 by title. V/M Massaro MOVED APPROVAL of Tgg►p, Reso. #3629, SECONDED by C/M Munitz. 34. FP&L_Phoenix Substation - Discussion and possible action to approve the First Amendment to the Water and Sewer Developers Agreement. SYNOPSIS QF ACTION: APPROVED. Mr. Henning said he believes this is based on FP&L's change in irrigation from canal water to City water and he recommended approval. He said based on the memo received, the fees that would have been due total $3,052.50 and he recommended approval of the amendment to the Water and Sewer Agreement. V/M Massaro asked where it is stated that the fee has been re- ceived and C/M Munitz said on the 5/6/85 memo from the City Accountant. Mr. Henning said the Assistant City Clerk gave him a cash register receipt from the Finance Department indicating that on 4/25/85, the amount of $3,052.50 was paid by their check #80942 for the Phoenix substation. C/M Munitz said he would suggest that any Ordinances or Reso- lutions indicate from staff that monies are due and if, by the time Council considers the item, monies have been paid, just a backup from the Finance Department indicating that there are no fees due is not enough. He said the Finance Department should be aware of what is being considered as far as monies due and then item by item it should be stated as to whether or not the fees have been paid. Mr. Henning said these reports came up because sometimes there are developer items that come before Council that are not related to payment of fees and then there are times when they are speci- fically related to fees. 1 1 1 32 5/8/85 /pm Mayor Kravitz said that can be recommended to the Finance Department. Carol Barbuto, Assistant City Clerk, said the Finance.*partment can only tell Council what is overdue by their memo an4,this fee is due at the time of Council approval. She said.ik-=&uhcil does not approve it, the Finance Department cann-bt;t6I8,1-Council that it is overdue or that the fee is due. City-'M4pii-er Johnson said according to the records in the Finance Departra€xat, FP&L does not owe the City anything but after action is-t.al'en, they owe this amount and they have already filed a check for this amount. C/M Munitz MOVED APPROVAL of the First Amendment to the Water and Sewer Developers Agreement. SECONDED by V/M Massaro. Y=: ALL -VOTED AYE REPORTS 37. - No report. 36. - No report. 35. City Council Reports - C/M wit - No report. V/M Mauro said she understood that expense money was taken away from the Board of Adjustment when they must go to their various projects for inspections. City Manager Johnson said he was given a legal interpretation several months ago that if the Board members go from their home to a specific site and back for inspection they are paid that mileage. He said if they are going from home to City Hall they are not approved expenses. V/M Massaro said the Chairman of the Board of Adjustment feels that the least the City can do is pay the board members the expenses to go to the projects for inspection. Mr. Henning said if someone goes from home to inspection to City Hall they would be paid for that trip and when they go home from City Hall they would not be paid for that trip. V/M Massaro said that was right, unless they were going to another inspection on the way home. City Manager Johnson requested the City Attorney put something in writing concerning expenses to which the Board of Adjustment members are entitled. 33 5/8/85 �.. /pm v/M Massaro said there is a dredging problem on the property where Cardinal Industries intends to build. She said they said HLR did the work improperly and, after she spoke to Lon Rubin on this subject,.he agreed to do this work even though it is 5 years since the bonds were released. Mayor Kravitz - No report. Mayor Kravitz adjourned the meeting at 4:20 P.M. MAYOR - ATTEST: Y ASSISTANT CITY CLERK This public document was promulgated at a cost of $280.80 or $7.80 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. CITY OF TAMARAC . APP QVEp AT MEETI NG OF �v City Clerk 1 1 34 5/8/85 /pm ATTACHMENT A Item 28 - Tamarac's President"s Council 5/8/85 Council Minutes OXFORD May 6, 1985 Councilman Helen Massaro City of Tamarac City Hall 5811 N.W. 88th Avenue Tamarac, Florida 33321 Dear Mrs. Massaro: 2400 Maitland Center Parkway Suite 120 Maitland, Florida 3�751 (305) 660.8150 Oxford Development Enterprises, Inc. This letter will serve as a confirmation of our May 6, 1985, conversation in which I informed you of U%e following facts: - Mr. George Janke is no longer employed by Oxford, or any affilliated company, and has no authority whatsoever to represent Oxford. I am responsible for Oxford's South Florida development activities. - Oxford has no interest in and is not sponsoring the Council of President's petition concerning the potential rezoning of a portion of the Sabal Palm Golf Course for hotel and office use. - Oxford has no interest in the development of a hotel and office complex in Tamarac. - Oxford remains interested in developing a 378 unit rental apartment complex at the northeast corner of Commercial Boulevard and Rock Island Road. We plan to pursue this development through established approval procedures within the City of Tamarac. Since the planned development appears at this juncture to require the relocation of the Sabal Palm clubhouse and ancillary facilities, we also plan to work with the City of Tamarac to achieve a mutually 'acceptable arrangement that assures the continued operation of Sabal Palm Golf Club. Hopefully, this letter will clear up any misunderstandings about Oxford's Plans and intentions as to the Sabal Palm property. If we can provide further clarification, please call me at your convenience. Very truly yours, OXFORD DEVELOPMENT ENTERPRISES, INC. Stephen H. Flanagan Vice President and Senior Development Manager cc: Richard Stackhouse J. Barry Curtin, Esq. William Holland Edward J. Kleiman George Janke Nethesda MD Landove, W) Inman„p(ps. IN Dallas, Tx prlar)T) FL Lansing. Mi Charloile NC, 9 ATTACHMENT:1 5/8/85 City Council Meeting - Item 13 - Page 1 of 2 Finance Director - Report by City Manager 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (365) 722-5969 May 7, 1985 ELLY F. JOHNSON CITY MANAGER Mr. Steve Wood P. 0. Box 25414 Tamarac, Florida 33320 Dear Steve: As you know, on April 27, 1985, the City Council rendered a vote of "no confidence" in you as the City's Finance Director. In light of that vote, a Hearing was held in my office on May 7, 1985. You and the City were represented by counsel at that Hearing. As a result of the vote of "no confidence", I have de- cided that your removal from your position as Finance Director is necessary for the good of the City. Your removal is effective at 5:00 P.M. on Friday, May 10, 1985. Very truly yours, CITY OF TAMARAC 4�' ELLY F JO S N, CITY MANAGE AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS ATTACHMENT 2 - 5/8/85 City Council Meeting - Item 13 Page 2 of 2 Finance Director - Report by City Manager CITY OF TAMARAC CITY MANAGER INTER -OFFICE MEMORANDUM MEMO To: Mayor Philip B. Kravitz and Members of Council FROM: Elly F. Johnson, City Manager DATE: May 7, 1985 SUBJECT: Steve Wood, Finance Director REFERENCE: on May 7, 1985, the City labor attorney and myself met with Finance Director, - Steve Wood and his attorneys concerning the Council's April 2%,`'`1985 vote of "no confidence". After the Hearing, I determined that Steve Wood's removal was necessary for the good of the City. I have, therefore, removed him from his position as Finance Director. Based upon statements made by Mr. Wood and his attorneys, I believe that he will institute legal proceedings in order to challenge his removal. I am writing this memorandum to advise you of a "compromise offer" made to the City by Mr. Wood. He has indicated that he would be willing to immediately resign from his position if the City would: 1) pay him six (6) months severence pay and; 2) pay his dependant insurance premiums for six (6) months. In that event, Mr. Wood would not take legal action concerning his removal. Further, if he is permitted to resign, Mr. Wood indicated that he would cooperate fully n with the City in the future concerning any pending litigation wherein he may be eded as a witness. If Mr. Wood were to institute a suit in order to challenge his removal, it is likely that the cost of defending against such an action would exceed the cost of the requested severence pay.