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HomeMy WebLinkAbout1986-05-14 - City Commission Regular Meeting Minutes00ROVt P.O. BOX 25010 TAMARAC, FLORIDA 33320 RECORD -OF COUNCIL DISCUSSIONS D ACTIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING MAY CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT OF TIME_ ALLOG TA I_QNS - MOTI•,ONS__TQ_ _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 AND AWARDS 1. National Police Week - Presentation of a proclamation by Mayor Hart designating May 15, 1986 as "Police Memorial Day" and May 11-17, 1986 as "National Police Week". rrINAL ACTION: Pres,enta-ti-oa wag made to Police Chief-- M-c-into-sh. 2. Older Americans' Month - Presentation of a proclamation by Mayor Hart designating May, 1986 as "Older Americans' Month". FINAL ACTION: Presentaion was made to Walter Falck, President of the on- Aging. 3. Chamber gf omm rc - a) Presentation by Louis Schiff, President of the Chamber, regarding a proposed Economic Development Board. b) Appointment of City representative to this Board. c) Presentation of a Proclamation for "Small Business Week". FINAL ACTION: a) Presentation was given by Mr. Schiff and APPROVAL was given for the City's contribution of $2,500.00 to the new Economic Development Board to match the contribu- tion of the Chamber of Commerce. b) Agendized by Consent. Thelma Brown, City Planner, was 10 appointed as the City's representative to this Board. c) Agendized by Consent. Proclamation was presented to Schiff. BOARDSAND COMMITTEES 4. Pubs,i_c Information -Committee - TemP- ,eso. #4112 - Discussion and possible action on: a) Appointing a City Photographer PAGE 1 5/14/86 4. - Cont'd. b) Appointing an Assistant City Photographer c) Appointing members. A T . RESOLUTION NO. R-86-156 PASSED. a) and b) were REMOVED from the agenda since these positions will be appointed by the Board. P OVED o"ntin the following members for terms to c) AP R are i g expire 5/11/87: Irving Fenichel Ben Chicofsky Herman Shulman Sam Tepper Dan Powers Louis Silverman Charles Marks Faith Feldman Helen Rosen Larry Kimmler Mae Walberg Maury Kramer Esther Garfinkel Helen Cohen 5. - Temp Rego. _#4.1 3 — Discussion and possible action on appointing up to twelve (12) members. FINAL ACTI_QN: RESOLUTION NO. R-86-157 PASSED. APPROVED appointing the following members for terms to expire on 5/11/87: Nat Cohen Edward Klein Winifred Ostrum Manny Mishkin James Benenfeld Barbara Lubin Mike Craft Irving Lopatey 6. -TeMP. Reso, 14114-Discus- sion and possible action to appoint three (3) or more members. FINAL ACTION: RESOLUTION NO. R--86-158 PASSED. APPROVED appointing the following members for terms to expire on 5/11/87: Helen Sobel Louis Kaplan Beatrice Lindenman Herman Lacoff Milton Kern Lillian Silverman Louis Silverman Melvin Eliasberg Rita Karnaz— Dr, - Nattgra 7. Recreatiorn_B &Ud - -Discussion and possible action on: a) Appointing two (2) Fishing Commissioners b) Appointing five (5) or more additional members c) Confirming previous appointment of Parks Commissioner FINAL ACTION: RESOLUTION NO. R-86-159 PASSED. a) REMOVED from the agenda as appointment will be made the Board. b) APPROVED appointing the following members for terms expire on 5/11/87: Irving Vitro sky Nat Scolnick Ben Zuger Kevin Duffy Charles Perlmutter Mollie Goldstein Jack Marcus Ronnie Catronio Eleanor Cohen Matteo Quartararo Peter Lamson Smith Jack Slutsky Mantel- Gersild by to i-1 1 PAGE 2 5/14/86 8. Burglar Alarm -Review Committee- - Tema. Reso._#411j - Discussion and possible action to appoint five (5) members FINAL ACTION: RESOLUTION NO. R-86-160 PASSED. APPROVED appinting the following members for terms to expire on 5/11/87: Allan Bernstein Norman Karr Sidney Brumberger Jerry Schneider 9. jaygstment- Tgmo._Reso. #4117 - .Discussion and possible action to appoint five (5) members F,II-NAL- CTION: RESOLUTION NO. R-86-161 PASSED. APPROVED appointing the following members for terms to expire on 5/11/87: Ed Solomon Dr. Alfred Wald Willard Zweig Ray Munitz Lao Platz 10. Inguramce Advisgrv- Tgmn. Reso.#4118 - Discussion and possible action to appoint five (5) members FINAL ACTION: RESOLUTION NO. R-86-162 PASSED. APPROVED appointing the following members for terms to expire on 5/11/87: Bernard Sims Maury Kramer John Assenzio Hy Zipstein Jerry Adle-r 1. Items listed under Item #11, 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) Approval of minutes as recommended by the City Clerk: 1) 3/26/86 - Regular Meeting 2) 4/12/86 - Special Meeting (2:00 P.M.) 3) 4/12/86 - Special Meeting (2:50 P.M.) 4) 4/15/86 - Special Meeting 5) 4/22/86 - Special Meeting b) ESM Litigation Expenses - Approval to pay the follow- ing invoices: 1) English, McCaughan & O'Bryan - 4/3/86 - $51.44 2) English, McCaughan & O'Bryan - 4/8/86 -- $557.24 3) English, McCaughan & O'Bryan - 4/15/86 - $728.76 4) Peterson & Co. - 3/l/86 - $406.20 c) Alan F. Ruf - Consulting City Attorney -- Approval to pay the following invoices: 1) General Services - $8,423.00 -- 5/7/86 2) City Prosecution Services - $2,337.50 - April, 1986 d) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Special Labor Counsel - Approval to pay Invoice 875 in the amount of $1,663.20 - 5/5/86 e) Jay Sugarman Autioneers and Appraisers - Approval of payment in the amount of $2,000.00 for appraisal of Police Department equipment. f) Police Department - Approval to purchase two (2) 1985 lease vehicles at an amount not to exceed $8,000 each and with no more than 20,000 miles on the odometer with forfeiture fund monies. g) 1986 Summer Recreation Program - Temp. Reso. #4132- Approval of the fee schedule for enrollment in'this program. RESOLUTION NO. R-86-184 PASSED. PAGE 3 5/14/86 h) Bond Releases: 1) Tamarac Town Square - Release of warranty bond #604-41-00 in the amount of $38,958.75 posted for public improvements - Temp._.__ Reno. _#4119 RESOLUTION NO. R-86-163 PASSED. 2) St. Malachy Catholic Church - Release of warranty Letter of Credit #90618257 in the amount of $22,560 posted for public improvements - RESOLUTION NO. R-86-164 PASSED. 3) Town Plaza (formerly Tamarac Park Shopping Center - Calling of performance Letter of Credit #P623863 in the amount of $18,327.00 posted for public improve- ments - T._gmp, Rego. #4121 4) Woodmont Tract 71: a) Calling performance Letter of Credit in the amount of $10,400.00 posted for sidewalks - R b) Calling warranty Letter of Credit in the amount of $56,442.02 posted for public improvements - 5) Woodmont Tract 72-C (Pineapple Park) - Release of a cash bond in the amount of $2,000.00 posted for a temporary saes trailer- Tgmp. Reso. #4124 RESOLUTION NO. R--86--166 PASSED. 6) Calico Country (Woodview Tract 38) - Release of cash Home Owner Warranty (HOW) Bonds posted for the following locations -Temp. Reg_Q_,_A_4_125-. a) 8825 NW 75 Court - Lot 18 - $1,500.00 b) 7605 NW 88 Circle - Lot 34 - $1,500.00 c) 7619 NW 88 Circle - Lot 38 - $1,500.00 RESOLUTION NO. R--86-167 PASSED. 7) 3 Lakes Plaza - Release of a cash bond in the amount of $1,000.00 posted for the dumpster enclos- ures - Trmp3 Reso. #4126 RESOLUTION NO. R-86-168 PASSED. i) Publix Supermarket (6820 N. University Drive) - Approval to refund the amount of $2,000.00 because of over -payment of water bill. j) City Clerk Department - Bid Award - Temp,_ Reno. 14127 - Award of a bid for archival record storage facilities and related services. RESOLUTION NO. R-86-169 PASSED. k) Intradepartmental Budget Transfers - Temp. -Rego. 14128 - Repeal of Resolution 85-369 to provide that the City Manager may transfer funds within a depart- ment, as permitted by law, without the approval of the City Council. RESOLUTION NO. R-86-170 PASSED. 1) Transactions of City investment funds - Temper Rgso. #4129 - Repeal of Resolution 85--239 which required 14 days prior notice to the Investment Advisory Committee of transactions involving investment of City funds. RESOLUTION NO. R--86-171 PASSED. m) Sister City Relationship - .a) Repeal of Resolution 85-254 which approved the establishment of a sister city relationship with Givatayim, Israel.- Temp._ Reg. ,,#4130 RESOLUTION NO. R-86-172 PASSED. b) Repeal of Resolution 85-265 which approved a Sister City According with Givatayim, Israel-- Temp. RESOLUTION NO. R-86-173 PASSED. 7 44 PAGE 4 5/14/86 n) City Hall Roof Repair- Authorization for the rein- stallation of the air conditioning equipment on the roof prior to reroofing to be performed by Maranatha Mechanical at a cost of $2,750.00. o) Contract for municipal police services with the BSO - Temp. Rgso. #4131 - Revision to Resolution 86-96 to provide that the provisions of the proposed contract shall be mailed to the "registered electors" instead of to the "residents" prior to the referendum election. RESOLUTION NO. R-86-174 PASSED.- p) Tract 37 - Temp. Reso.__43222 - Approval to remove from the agenda a stipulation with Citcor Properties (southeast corner of NW 77 Street and Westwood Drive) (tabled from 2/12/86). q) Conferences and Seminars: 1) Approval for the City Clerk to attend the Inter- national Institute of Municipal Clerks Annual Con- ference on May 17-23, 1986, in Boston, Massachu- setts. 2) Approval for the Public Works Director to attend the American Public Works Association workshop on Emergency Management in Public Works on May 28-29, 1986 in New Orleans, Louisiana. r) Tamarac Park Satellite Building - Approval of the bid submitted by Endurance Floor Company in the amount of ;$3,681.00 for installation of 2 1/4" oak strip for the stage area (item #2 of proposal). s) Utilities West: 1) Bid Award - Award of a bid for lime excavation .and stockpiling - Tgmp. Rgso. RESOLUTION NO. R--86-175 PASSED. 2) Purchas-e of two 1/2-ton pick-up trucks, under State contract, from Don Reid Ford, at a total cost of $19,175.50, for use in the Meter Exchange Pro- gram and Valve Exercising Program. 3 ) Broward CountyAm - (Project 86-11) Approval of Addendum #5 to the Engineering Agreement with CH2M Hill to amend the 201 Facilities Plan in an amount not to exceed $23,500.00. 4) Wellfield Protection __Facilities (Project 85-7)- Approval of Change Order #2 for an eight day time extension to the contract to allow extra time for delivery of fuel tank by manufacturer. 5) Wellfield Protection ftggram (Project 85-7 - Approval of Payment #2 in the amount of $10,258.92 to E.G. Campbell & Son, Inc.- 4/25/86 6) " Four. M (Project 85-18) - Approval of Change Order #3 for a time extension to the contract to June 13, 1986 be- cause of increased scope of contract. 7) Emergency -High -_.Service Pumps at Water TregtMent PI-an(Project 84-20A) - Approval of Change Order #1 for a time extension to the contract of approxi- mately thirty days to allow extra time for delivery of pumps by manufacturer. 8) (Project 85-19) - Approval of Progress Payment #2 in the amount of $25,635.72 and Progress Payment #3 in the amount of $27,112.16 to Hazen and Sawyer. 9) (Project 85-19)- Authorization for Hazen and Sawyer to proceed with item 4.3 of the existing Engineer- ing Agreement, in an amount not to exceed $8,000.00 for the design of miscellaneous improvements. 10) Wastewater Treatment Plant_Rehabil,tation - (Project 85-19) - Approval to solicit construc- tion bids for a radio based telemetering system. PAGE 5 5/14/86 11) (Project 85-19) - Approval to solicit construction bids for general improvements. 12) - tenance Buildings - Approval to change the project number from 85-20 to 84-20 for all contracts, invoices and correspondence for the architectural and engineering contract with Daniel E. Adache & Associates/Russell & Axon, Inc. 13) klater Treatment Plant Filtgrs�_ Ild 4 (Project 85-27) - Approval to solicit construction bids on this project. 14) Water Treatment Plant Filtgrs,3--aad 4 (Project .85- 27) - Approval of payment in the amount of $3,675.00 to J.M. Montgomery Consulting Engineers -Invoice 60802 - 4/17/86. 15) Fuel_ Storage___Taak_s (Project 85-7) -- Approval of payment in the amount of $2,560.61 to J.M. Mont- gomery Consulting Engineers - Invoice 60580 - 4/21/86 16) Fuel Storage Tanks (Project 85-7) - Approval of payment in the amount of $1,220.00 to J.M. Mont- gomery Consulting Engineers - Invoice 60803 - 4/8/86. 17) Ft. Lauderdale Pump Station Fuel Tankp Repla ment (Project 86-16) - Approval to extend James M. Montgomery's engineering contract on the Wellfield Protection Program to include this new pump station recently acquired by Tamarac in an amount not to exceed $2,700.00. 18) Wellg 12 and 13 (Project 84-14) - Approval of Payment #7 (final) in the amount of $8,605.00 to R.J. Sullivan Corporation - 4/20/86 19) Northwest Force_Main - (Project 84-6) -Approval .of payment in the amount of $24,589.24 to CH2M Hill for Task Orders 1.1 and 1.3 of this contract - Invoice 04- 452 - 3/15/86 FINAL ACTION: APPROVED Items a) through d), f), h-2) and h-5) through h-7), j) through p), q-2), r), and all of s) with the exception of s-3). The following were removed for discussion and acted upon: e) APPROVED for payment. g) APPROVED the fee schedule for the summer recreation program providing Council receives a guarantee that this is a self-sustaining program with up-to-date figures. h-1) APPROVED. h-3)APPROVED, RECONSIDERED and the bond will not be called and Temp.Reso, 14121 was rescinded. h-4 a) and b) REMOVED from the agenda as extensions were received. i) TABLED for investigation by the City Engineer. q-1) APPROVED. s-3)APPROVED. 12. Appraisal gf Certain City owned Property - Discussion and possible action to select a firm to perform an appraisal of the existing City Hall site and Public Works Building site. FINAL ACTION: The firm of William S.W. Allison, M.A.I., Real Estate Appraisers, was retained at a cost not to exceed $4,800 4-___ ___ PAGE 6 5/14/86 Li 1 44 13. - Discussion and possible action on: a) Acceptance of the audit report for Fiscal Year 1984/85 prepared by this firm - b) Possible selection of this firm to perform an audit for Fiscal Year 1985/86 RESOLUTION NO. R-86-176 PASSED. a) APPROVED. b) TABLED for the Council Liaison and Finance Director to 14. - Discussion and possible action on allocation of space near the Public Works site to provide residents a means of disposing of newspapers and obtaining monies by weight. FINAL ACTION: APPROVED the drafting of a contract with Durbin Paper Stock 15. Italia Club --Of Tamarac Ferztiv l - Discussion and possible action on a request to close off a portion of NW 57th Street between NW 66th Terrace and NW 64th Avenue for a festival on October 16-19, 1986. FINAL _ACTION : Permission was granted with the understanding that Insur- A 16. - Temn. _Reso. 14135 - Discussion and possible action to urge Broward County to restore complete street lighting along Commercial Boulevard. (Every other light had been extinguished by the County in an effort to economize). FINAL ACTION: RESOLUTION NO. R--86-177 PASSED. 17. Municiggl ComRjex - Discussion and possible action on: a) Status report by the Construction Committee b) Miller & Meier Invoice P1307 in the amount of $35,191.66 (tabled from 9/11/85) FINAL ACTION: a) V/M Stein gave a report. b) APPROVED payment of $6,509.62, which are reimbursable costs, and the City will have a credit of $7,000.00 to be used for whatever is billed for completed bids. This amount is instead of the amount of $35,191.66, which was Previously stated ag due. 18. City Ambulance Service - Discussion and possible action (tabled from 1/2/86) FINAL ACTION: TABLED to the 5/28/86 Council meeting at the request of the 619. Droward League of__C,igafugginess - Discussion and pos- sible action. FINAL ACTION: CouncilThis iteM 3gill Dg longer be on PAGE 7 5/14/86 20. Northwest council of Mayors Business - Discussion and possible action. UTILITIES 21. - Dis- cussion and possible action on: a) Reimbursement to Cardinal Industries in the amount of $28,175.00 for installation of an 8-inch water main on the south side of Southgate Boulevard. b) Appropriate budget transfer FINAL ACTION: a) and b) were APPROVED. Cardinal Industries will be paid $28,175.00 for the installation of the water main and the 22. 201 Plan - Report by the City Engineer/Utilities Dir- ector - Discussion and possible action. FINAL ACTI.ON: Authorization was given to execute a modified agreement with Deerfield Beach and enter into an agreement with the County for additional capacity and finalize total gallons 23. Flu ridation of Wabe_ -_yam - Discussion and possible action. FINAL ACTION: RESOLUTION NO. R-86-183 PASSED. Temn, Reso. 13.592 was Agendized by Consent and APPROVED providing tbLe grant is forthcoming, 24. City Attorney Position - Temn. Reso.__ 136 - Discussion and possible action to appoint a City Attorney. F_INAL, ACTION: RESOLUTION NO. R-86-178 PASSED. APPROVED appointing A. Bryant Applegate as City Attorney subject to the following: - Starting date is 6/9/86. - Mr. Applegate will perform no legal work for clients other than the City. - Mr. Applegate's salary will be $45,000.00 per year. There will be -a probationary period of 6 months. After satisfactory completion of the probationary period, Mr. Applegate will automatically be entitled to a $5,000.00 increase in annual salary and shall become eligible for inclusion within the Executive/Managerial Benefit Plan. - After 3 months of employment, Mr. Applegate and his family will be eligible to participate in either hospitalization plan offered by the City. After 10/l/86, a car allowance will be allocated to him or alternatively a car for his use. Should Mr. Applegate be terminated after a successful probationary period, he will be given 2 months severance pay. Should Mr. Applegate wish to terminate his employment, it will be necessary for him to provide the City with 30 25. Employee Retirement_plan - Discussion and possible action on: a) Amendment of Section 19-1.2 ( f ) (1) and ( 3 ) of the Code regarding contributions of employees and the City to this Plan - T . First Reading. I 1 44 PAGE 8 5/14/86 25. - Cont'd. b) Authorization for Kruse, O'Connor & Ling to prepare an A t 'al Im act Statement and related services at a c uCA A. p cost of $lp200.00 It c) Increased benefits (tabled from 4/23/86) EINAL ACTION: a) APPROVED on first reading as revised on 5/14/86. b) APPROVED with the cost to come from the Pension Fund. 26 - T - Dis- cussion and possible action to amend Chapter 7 of the Code to revise the HOW bonding requirements for multi -family rental developments. Second Reading. (Public hearing held 3/12/86) (tabled from 4/9/86) 27. - F _ - Discussion and possible action to amend the rates charged by this company for cable television service. First Reading FINAL ACTION: APPROVED on first reading subject to the fact that the Ordinance calls for a public hearing before the second and #'28. Boatp or Eggt_ Trailers - Discussion and possible action on a request to amend Code Section 15 6(a)(4) to extend the time allowed for parking trailers and recreational vehicles in prohibited areas for the purposes of loading or unload- ing on a temporary basis. APPROVED an extra 48 hours if the Police Department is notified that residents are loading or unloading. The Code should also have a description of a Recreational Vehicle DEVELOPMENT 29. - Discussion and possible action on: a) Site Plan - RESOLUTION NO. R-86--179 PASSED. b) Plat - Temp. Res_o. 1405_8 RESOLUTION NO. R-86-180 PASSED. c) Water and Sewer Developers Agreement d) Public Safety Ingress/Egress Easement - MR, Resg. #4060. RESOLUTION NO. R-86-181 PASSED. e) Irrevocable Option Agreement f) Declaration (for private streets) g) Vacation of two 60-foot road rights -of -way, one at NW 103 Avenue and one at NW 106 Avenue - #4046. RESOLUTION NO. R-86-182 PASSED. (located on the north side of NW 71 Place, east of NW 106 Avenue) (tabled from 4/23/86) PAGE 9 5/14/86 *REVISED 5/21/86 29. Kings_Point/Clairmont - Cont'd. FINAL ACTION: APPROVED a) through g). The following checks were received at the meeting: $82,842.00 - Water and Sewer Charges 14,820.00 - Parks and Recreation Fees 13,186.68 - Future Traffic Needs 9,277.32 - Future Traffic Needs 750.00 - Engineering ERC Review Fee * 30. Discussion and possible action on a request to renew a sign waiver for a temporary community directional sign on the northwest corner of NW 80 Avenue and McNab Road (tabled from 3/26/86) FINAL ACTION: TABLED for receipt of outstanding fees and permission * 31. Laa r- Colony 1Br_Qgkwood_ Gardens)_ - Discussion and pos- sible action on: a) Model sales facility - Units 30-32 b) Waiver of the 300-foot distance requirement for issuance of certificates of occupancy. (tabled from 2/26/86 and 3/26/86) FINAL ACTION: ..._ a)___APPROVE_D the model sales permit for 6 months from 2/27/86 and to expire on 8/27/886. APPRQVED, * 32. Wgodmont Plaza - Temp. Rggo, 14138 - Discussion and Possible action on a request to extend a Special Exception granted to Jack Lalanne Health and Fitness Center regarding expansion of facility. FINAL ACTION: No Resolution was prepared. An extension of one month was given for Jack Lalanne Health and Fitness Center to make the necessary permanent parking arrangements or the bay will be closed. 33. City Council 34. City Manager 35. City Attorney 36. boulevard - Discussion and possible action. FINAL ACTION: This item was sent back to the Board of Adjustment for thcic decision, ..- 1 .. • Authorizatign to William, Hatfie"-ELS-toners Ing.,. . Discussion• possible action. PAGE 10 5/14/86 11 1 F_ I b-,W _ • r • • _ • - • FINAL ACTION: 39. d - Discussion and possible action. FINAL ACTION: APPROVAL was given for rental of a modular unit, 24 x 40, from AZCO Equipment Corp. for $780.00 per month with an 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 tb 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. Carol E. Barbuto Assistant City Clerk Friday, May 16, 1986 - 10:00 AM - Special Council Meeting Public Hearing on amendment to 1985/86 Budgets. i PAGE 11 5/14/86 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING May 14, 1986 Tape 1 CALL TO ORDER: Mayor Hart called the meeting to order on Wed- nesday, May 14, 1986 at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT.: Mayor Bernard Hart Vice Mayor Sydney M. Stein Councilwoman Helen Massaro Councilman Jack Stelzer Councilman Arthur H. Gottesman ALSO PRESENT: Larry Perretti, City Manager Alan F. Ruf, Consulting City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLE!QIANCE: Mayor Hart called for a Moment of Silent Meditation followed by the Pledge of Allegiance. BOARD AND -COMMITTEES 4. public Information Committee -- Temp. Reso. #4112 - Discussion and possible action on: a) Appointing a City Photographer b) Appointing an Assistant City Photographer c) Appointing members. SYNOPSIS F ACTION: a) and b) were REMOVED from the agenda since these positions will be appointed by the Board. (See Page 15 for further action.) C/M Stelzer MOVED to REMOVE both a) and b) from the agenda since appointment of both the City Photographer and Assistant City Photographer should be the job of the Chairperson of the Committee. SECONDED by C/M Gottesman. VOTE: L TED AYE 7. Eecreation Board - Temp.L Rgso,#4115 - Discussion and possible action on: a) Appointing two (2) Fishing Commissioners. b) Appointing five (5) or more additional members. c) Confirming previous appointment of Parks Commissoner. SYNOPSIS OF ACTION: (See Pages 16 & 17). a) was REMOVED from the agenda since appointment will be made by the Board. i C/M Stelzer MOVED to REMOVE the a) portion of this item since the appointment will be made by the Board, SECONDED by V/M Stein. YQTE. CONSERT A ENDA ALL VOTED AYE 11 h) 4) . kl4o_d=nt Tract 71 - Bond Release - a) Calling performance Letter of Credit in the amount of $10,400.00 posted for sidewalks - Temp. Reso.-A4122 b) Calling warranty Letter of Credit in the amount of $56,442.02 posted for public improvements - Temp. Reso,,#4123 1 5/14/86 /pm EYNQPEIS__OF ACTION: (See Pages 5 thru 12 & 22). REMOVED from the agenda since extensions were received. C/M Stelzer MOVED to REMOVE this item from the agenda since extensions to the bonds have been received, SECONDED by C/W Massaro. VOTE ALI, NOTED AYE GENERAL ADMINISTRATIVE/FINASCIAL 18. City Ambulance Service -- Discussion and possible action. (tabled from 1/2/86). Y P I F ACTION: TABLED to the 5/28/86 Council meeting at the request of the Fire Chief. C/M Stelzer MOVED to TABLE this item to the 5/28/86 Council meeting at the request of the Fire Chief, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE UTILITIES WEST 23. Fluo id tion of Water System - Discussion and possible action. SYNOPSIS OF _ACTION: Temp. es -#3592 was Agendized byy Consent. (See Pages 12, 13 & 14). C/M Stelzer MOVED to Agendize by Consent Temp. Reso. #3592, SECONDED by C/W Massaro. VOTE: ALL V TED YE MMUNITY DEVELOPMENT 36. Trac s Bienema Property at 47 Terrace and Co merc'al Boulpy�rd - Discussion and possible action. SYNQPSIS OF ACTION: Agendized by Consent. (See Pages -37 & 38) . C/W Massaro MOVED to Agendize this item by Consent. She said this item was before the Board of Adjustment yesterday since they are requesting a reduction of 57-feet in the Code requirement. She said that could affect the people in that area and she requested Council send this to the Planning Commission for consideration as to what is an appropriate zoning. She said this is zoned B-1 which requires 200 feet and there is not that amount there. V/M Stein said he does not feel this should be agendized since the Board of Adjustment is a duly constituted Board and any variance of this kind should be handled by them. He said if they Deny this and the person involved wishes to appeal, they may. He said Council does not have the right to interfere in this. C/W Massaro said the Board of Adjustment asked that Council act on this item and V/M Stein said he objects. C/M Gottesman SECONDED CYW Massaro's MOTION to Agendize this item by Consent. 2 5/14/86 /pm VOTE: C/M Gottesman Aye C/M Stelzer Aye C/W Massaro Aye V/M Stein Nay Mayor Hart Aye PRESENTATIONS AND AWARDS 3. Chamber of Commerce - a) Presentation by Louis Schiff, President of the Chamber, regarding a proposed Economic Development Board. b) Appointment of City representative to this Board. c) Presentation of a Proclamation for "Small Business Week". SYNOPSIS OF .ACTION: b) and c) were Agendized by Consent. (See Pages 18, 19 & 20). V/M Stein MOVED to Agendize by Consent b) and c) to this item, SECONDED by C/M Stelzer. (Tape 1 was defective at this point) . Tape 2 YQTE• ALL VOTED AYE UTILITIES WEST 37. TUW - Sludae Disposal - Aw rd Authorization to Williams,- Hatfigld fi atoner,Inc. o pursue the permit application - vices not to exceed $1,800.00 plus 350.00 for County and DER Permits -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 39). City Manager Perretti said the Utilities Director this item be Agendized by Consent and C/W Massaro SECONDED by V/M Stein. VOTE: AJ4L VOTED AYE PRES ENTAT I ONE AND .AkAARDS has requested so MOVED, 1. National Police Week - Presentation of a proclamation by Mayor Hart designating May 15, 1986 as "Police Memorial Day" and May 11 - 17, 1986, as "National Police Week". SYNOPSIS OF ACTION: Presentation was made to Police Chief McIntosh. Mayor Hart presented a proclamation designating 5/15/86 as "Police Memorial Day" and 5/11/86 - 5/17/86, as "National Police Week". 2. Qlder Americans' Month - Presentation of a proclamation by Mayor Hart designating May, 1986, as "Older Americans' Month". SYNOP9I5 OF ACTION• Presentation was made to Walter Falck, President of the Areawide Council on Aging. Mayor Hart presented a proclamation designating May, 1986, as "Older Americans' Month" to Walter Falck, President of the Area - wide Council on Aging. 3 5/14/86 /pm UTILITIES WEST 21. outh ate Gardens A art ents Card' al Indust es - Discussion and possible action on: a) Reimbursement to Cardinal Industries in the amount of $28,175.00 for installation of an 8-inch water main on the south side of Southgate Boulevard. b) Appropriate budget transfer. SYNOPSIS OF ACTION: a) and b) were APPROVED. a) V/M Stein said this was passed unanimously previously and he MOVED & to authorize the City Manager and the Finance Department to return b) to Cardinal Industries the sum of $28,175.00 with the appropriate budget transfers, SECONDED by C/W Massaro. TE: C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Aye 22. 201 Plan - Report by the City Engineer/Utilities Director - Discussion and possible action. SYNOPSIS OF ACTION: Authorization was given to execute a modified agreement with Deerfield Beach and enter into an agreement with the County for additional capacity and finalize total gallons needed for entrance into the 201 Program. Mr. Ruf said the agreement with Pompano Beach has been finalized and there is a proposed lease agreement before Council for leasing of one M.G.D. of treatment and transmission capacity already signed by the Mayor and City Manager of Deerfield Beach. He said the only change that was made in this lease from the one that Tamarac proposed is that they have definitely set the right in the lessor, that is, Deerfield Beach, to terminate the lease as of 12/31/91. He said he does not see that as a significant change from what he has suggested. Mr. Ruf said the Resolution Council earlier passed, which gives the appropriate City officials the right to execute the lease agreements, affect this lease with Deerfield Beach and no further action is necessary. Mr. Ruf said with respect to the lease agreement provided by Broward County, there was a significant change which was not a part of a negotiation session had by him and other members of the City staff, General Counsel's office and the County. Mr. Ruf said he sent Council a memo questioning the need for Tamarac to pay approximately $7,000.00 per month for additional transmission capacity. He said after this memo was dictated, he had lengthy conversations with the Utilities Director and the County officials and he now receded from his position for the following reasons: (The following is a partial Verbatim Transcript on this item as requested by C/M Stelzer.) 1-1 1 11 4 5/14/86 /pm Mr, Ruf: Bond Counsel has indicated that they are most anxious that in the official statement we be able to say that we can get our effluent to the plant after 1987 and the 2 million gallons of additional transmission capacity, although it is just a paper transfer from the County, should be in place so that we can represent to potential bond buyers that we have all the transmission capacity that we need to get our untreated effluent to the County. The second reason I have receded from my position is that all other large users in the system are paying for unused transmission capacity including the City of Tamarac, which does not get all of the 2.5 million that we have reserved through the system and we, in effect, pay for unused capacity as do all other large users. And, the third reason I recede from my position is that as they increase the millions of gallons of transmission paid for by large users from 48-1/2 to 50-1/2, all large users will benefit by virtue of the fact that there will be a 4% reduction for all large users including ourselves at the 2--1/2 plus the million that we have gotten from Deerfield. So, instead of it being $7,000.00 a month it is reduced to $5,000.00 a month for this additional capacity. I think for those three reasons, we should go ahead and approve the agreement with Broward County. One other thing ... Broward County.. -if we approve this and get signed documents to them by 8:30 tomorrow morning, we will have this on the County agenda May 27th. I understand from the Finance Director that we want to be in the market with our bonds early in June and I see no other way but to go ahead and approve this in the form that it is in. I think it is one of those things ... one of those pills that we must swallow because of our entrance into this process a second time. I now feel confident that I can recommend to you that we approve the County agreement as submitted by the County. (End of partial Verbatim Transcript.) V/M Stein MOVED to authorize the proper officials to execute the modified agreement with Deerfield Beach and enter into an agree- ment with the County for additional capacity and finalize the total gallons needed for the entrance into the 201 Program. SECONDED by C/W Massaro. VOTE• CONSENT A ENDA ALL VOTED .AYE 11. Consent Agenda - a) Approval of minutes as recommended by the City Clerk: 1) 3/26/86 - Regular Meeting 2) 4/12/86 - Special Meeting (2:00 P.M.) 3) 4/12/86 - Special Meeting (2:50 P.M.) 4) 4/15/86 -- Special Meeting 5) 4/22/86 -- Special Meeting b) ESM Litigation Expenses - Approval to pay the follow- ing invoices: 1) English, McCaughan & O'Bryan - 4/3/86 - $51.44 2) English, McCaughan & O'Bryan - 4/8/86 - $557.24 3) English, McCaughan & O'Bryan - 4/15/86 - $728.76 4) Peterson & Co. - 3/l/86 - $406.20 c) Alan F. Ruf - Consulting City Attorney - Approval to pay the following invoices: 1) General Services -- $8,423.00 - 5/7/86 2) City Prosecution Services -- $2,337.50 - April, 1986 5 5/14/86 /pm d) e) f) g) h) i) 7) k) 1) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Special Labor Counsel - Approval to pay Invoice 875 in the amount of $1,663.20 - 5/5/86 Jay Sugarman Autioneers and Appraisers - Approval of payment in the amount of $2,000.00 for appraisal of Police Department equipment. Police Department - Approval to purchase two (2) 1985 lease vehicles at an amount not to exceed $8,000 each and with no more than 20,000 miles on the odometer with forfeiture fund monies. 1986 Summer Recreation Program - Temp. Reso. 4132- Approval of the fee schedule for enrollment in this program. RESOLUTION NO. R-86-184 PASSED. Bond Releases: 1) Tamarac Town Square - Release of warranty bond #604-41-00 in the amount of $38,958.75 posted for public improvements - TemR, Reso,_j_j1l9 RESOLUTION NO. R-86--163 PASSED. 2) St. Malachy Catholic Church - Release of warranty Letter of Credit #90618257 in the amount of $22,560 posted for public improvements -Tem Reso. 4120 RESOLUTION NO. R-86-164 PASSED. 3) Town Plaza (formerly Tamarac Park Shopping Center) - Calling of performance Letter of Credit #P623863 in the amount of $18,327.00 posted for public improve- ments -.Temp. Reso. #4121 4) Woodmont Tract 71: a) Calling performance Letter of Credit in the amount of $10,400.00 posted for sidewalks -- Temp, Reso, 4122 b) Calling warranty Letter of Credit in the amount of $56,442.02 posted for public improvements - Te R s 4123 5) Woodmont Tract 72-C (Pineapple Park) - Release of a cash bond in the amount of $2,000.00 posted for a temporary sales trailer- Temp. Reso 4124 RESOLUTION NO. R-86-166 PASSED. 6) Calico Country (Woodview Tract 38) - Release of cash Home Owner Warranty (HOW) Bonds posted for the following locations - Temp. Reso. 4125: a) 8825 NW 75 Court - Lot 18 - $1,500.00 b) 7605 NW 88 Circle - Lot 34 - $1,500.00 c) 7619 NW 88 Circle - Lot 38 - $1,500.00 RESOLUTION NO. R-86-167 PASSED. 7) 3 Lakes Plaza - Release of a cash bond in the amount of $1,000.00 posted for the dumpster enclos- ures - Temp. Reso._#4126 RESOLUTION NO. R--86-168 PASSED. Publix Supermarket (6820 N. University Drive) - Approval to refund the amount of $2,000.00 because of over -payment of water bill. City Clerk Department - Bid Award - Temp. Reso. #4127 - Award of a bid for archival record storage facilities and related services. RESOLUTION NO. R--86-169 PASSED. Intradepartmental Budget Transfers - Temp. Reso. #4128 - Repeal of Resolution 85-369 to provide that the City Manager may transfer funds within a depart- ment, as permitted by law, without the approval of the City Council. RESOLUTION NO. R-86-170 PASSED. Transactions of City investment funds - Temp. Reso. #4129 - Repeal of Resolution 85-239 which required 14 days prior notice to the Investment Advisory Committee of transactions involving investment of City funds. RESOLUTION NO. R-86-171 PASSED. r 5/14/86 /pm 11 C� 11 m) Sister City Relationship - a) Repeal of Resolution 85-254 which approved the establishment of a sister city relationship with Givatayim, Israel.- TemP.�L ResQ,.,44130 RESOLUTION NO. R-86-172 PASSED. b) Repeal of Resolution 85-265 which approved a Sister City According with Givatayim, Israel- Temp Reso, 14137 RESOLUTION NO. R-86-173 PASSED. n) City Hall Roof Repair - Authorization for the rein- stallation of the air conditioning equipment on the roof prior to reroofing to be performed by Maranatha Mechanical at a cost of $2,750.00. o) Contract for municipal police services with the BSO - Temp. Reso. #4131 - Revision to Resolution 86-96 to provide that the provisions of the proposed contract shall be mailed to the "registered electors" instead of to the "residents" prior to the referendum election. RESOLUTION NO. R-86-174 PASSED. p) Tract 37 - Temp. Reso. #3992 - Approval to remove from the agenda a stipulation with Citcor Properties (southeast corner of NW 77 Street and Westwood Drive) (tabled from 2/12/86). q) Conferences and Seminars: 1) Approval for the City Clerk to attend the Inter- national Institute of Municipal Clerks Annual Con- ference on May 17-23, 1986, in Boston, Massachu- setts. 2) Approval for the Public Works Director to attend the American Public Works Association workshop on Emergency Management in Public Works on May 28-29, 1986 in New Orleans, Louisiana. r) Tamarac Park Satellite Building - Approval of the bid submitted by Endurance Floor Company in the amount of $3,681.00 for installation of 2 1/4" oak strip for the stage area ( item #2 of proposal) . s) Utilities West: 1) aid Award - Award of a bid for lime excavation .and stockpiling - Temp. Reso. #4133 RESOLUTION NO. R--86-175 PASSED. 2) Purchase of two 1/2-ton pick --up trucks, under State contract, from Don Reid Ford, at a total cost of $19,175.50, for use in the Meter Exchange Pro- gram and Valve Exercising Program. 3) Sroward County 201,Plan .AMendment (1986) - (Project 86-11) Approval of Addendum #5 to the Engineering Agreement with CH2M Hill to amend the 201 Facilities Plan in an amount not to exceed $23,500.00. 4) Wellfield Prgte-ction Facilities (Project 85-7)- Approval of Change Order #2 for an eight day time extension to the contract to allow extra time for delivery of fuel tank by manufacturer. 5) W(11f3eld Protection Program (Project 85-7 - Approval of Payment #2 in the amount of $10,258.92 to E.G. Campbell & Son, Inc.- 4/25/86 6) 18".Forgg Main and Pump Station at Turnpike (Project 85-18) - Approval of Change Order #3 for a time extension to the contract to June 13, 1986 be- cause of increased scope of contract. 7) E erggncy. high _Services Pumps at Water Treatment Plant (Project 84-20A) - Approval of Change Order #1 for a time extension to the contract of approxi- mately thirty days to allow extra time for delivery of pumps by manufacturer. 7 5/14/86 /Pm �./ 8) Wastewater Treatment„ ,giant Rehabilitation (Project 85-19) - Approval of Progress Payment #2 in the amount of $25,635.72 and Progress Payment #3 in the amount of $27,112.16 to Hazen and Sawyer. 9) Wastewater Treatment_ J!lantRe „j,litation (Project 85-19)- Authorization for Hazen and Sawyer to proceed with item 4.3 of the existing Engineer- ing Agreement, in an amount not to exceed $8,000.00 for the design of miscellaneous improvements. 10) Wastewater -Treatment Plslnt Rehabilitation - (Project 85-19) - Approval to solicit construc- tion bids for a radio based telemetering system. 11) Wastewater Treatment Plant Rehabilitation (Project 85-19) - Approval to solicit construction bids for general improvements. 12) Two SeRarateand Distinct -Operations and Main- tgnnnce Buildings - Approval to change the project number from 85-20 to 84-20 for all contracts, invoices and correspondence for the architectural and engineering contract with Daniel E. Adache & Associates/Russell & Axon, Inc. 13) Water Treatment Plant Filters 3 and_4 (Project 85-27) - Approval to solicit construction bids on this project. 14) WAter Treat ent Plant Filters 3 and 4 (Project 85-27) - Approval of payment in the amount of $3,675.00 to J.M. Montgomery Consulting Engineers Invoice 60802 - 4/17/86. 15) Fuel Storage Tanks (Project 85-7) - Approval of payment in the amount of $2,560.61 to J.M. Mont- gomery Consulting Engineers - Invoice 60580 -- 4/21/86 16 ) F'ugl_ Storage Tanks (Project 85-7 ) - Approval of payment in the amount of $1,220.00 to J.M. Mont- gomery Consulting Engineers - Invoice 60803 - 4/8/86. 17) Ft. L ud rd Pump tati n Fue Tanks Rep-1-4—ce- ment (Project 86-16) - Approval to extend James M. Montgomery's engineering contract on the Wellfield Protection Program to include this new pump station recently acquired by Tamarac in an amount not to exceed $2,700.00. 18) Wells 12 and 13 (Project 84-14) - Approval of Payment #7 (final) in the amount of $8,605.00 to R.J. Sullivan Corporation - 4/20/86 19) Northwest Force Main -- (Project 84-6) -Approval of payment in the amount of $24,589.24 to CH2M Hill for Task Orders 1.1 and 1.3 of this contract - Invoice 04-452 - 3/15/86. SYNOPSIS QF_ACTION: (See Pages 1, 2, 5, 6 & 9 thru 12 & 22). APPROVED Items a) through d), f), h-2 ) and h--5) , through h-7) , j ) through p), q-2), r), and all of s) with the exception of s--3) . e), g) and h-1) were REMOVED for discussion and APPROVED. h-3) APPROVED, RECONSIDERED and the bond will not be called and Temp.Resg #4121 was rescinded. h-4) a) and b) were REMOVED from the agenda as extensions were received. i) TABLED for investigation by City Engineer. q-1) and s-3) REMOVED for discussion and APPROVED. 8 5/14/86 /pm 1 C/W Massaro requested the following Items be REMOVED for dis- cussion: e) , g) , i) , q-1) . City Manager Perretti requested Items h--1) be REMOVED for discussion. C/M Gottesman requested Item s-3) be REMOVED for discussion. C/M Gottesman MOVED APPROVAL of the Consent Agenda with the exception of e) , g) , h-l) , h-4) , i) , q-1) and s-3) . SECONDED by C/W Massaro. VOTE: ALL VOTED AYE e) C/W Massaro said she objected to the appraisal; therefore, she has to object to the payment of the bill for the appraisal and noted that is her only objection. V/M Stein said since the City authorized the work, the payment must be made and he MOVED APPROVAL of the payment, SECONDED by C/M Stelzer. VOTE: C/M Gottesman Aye C/M Stelzer Aye C/W Massaro Nay V/M Stein Aye Mayor Hart Aye g) Mr. Ruf read Temp. Reso. #4132 by title. C/W Massaro said Council received some backup this morning but more review of the costs should be done by the Recreation Director and City Manager. Mr. Perretti noted that he just received this report this morning; however, Mike Couzzo and the Recreation Director have stated that they feel the program will be self-sustaining. V/M Stein asked if the program would be hurt if this item was tabled and Mr. Perretti said from the standpoint that the people interested in summer programs are available to be hired, two weeks could cause a problem. V/M Stein said in light of that, he MOVED the scale be accepted providing, before it is issued, that Council receive the certifica- tion and guarantee that this will be a self-sustaining program. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE h-1) Mr. Perretti said he received information yesterday afternoon and he asked Carl Alper, Planning Commission member, to elaborate on this. Mr. Ruf read Temp, Reso. #4119 by title. Mr. Alper said he is concerned about the beatification of a berm on the west side of Tamarac Town Square. He said there was a Stipula- tion made in 1978 which was updated and approved by Council. He said they were supposed to have a continuous hedge along the top of the berm and they have not done so. He said until the appropriate number of trees are placed at that location, there should not be a release of the bond and the owners should be given an opportunity to comply with the Stipulation. 9 5/14/86 /pm V/M Stein suggested the new Planning Commission send the City Manager a memo as to the deficiencies so that he can notify them. He agreed that the bond cannot be released until this is complied with. C/W Massaro said the suggestion is accurate and she suggest- ed the minutes be researched because there was a change made on the continuous hedge being required on top of the berm. C/W Massaro MOVED to TABLE this item subject to the Planning Commission having the Beautification Division investigate and send a memo to Council, SECONDED by C/M Gottesman. VOTE: C/M Gottesman Aye C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Absent i) C/W Massaro asked why a refund is being considered since it refers to "96 months or 8 years". She noted that the City has not owned the Utility that long, it was purchased in October, 1979. Mr. Greenwood said they will take C/W Massaro's suggestion into consideration and research this further. C/W Massaro MOVED to TABLE this item, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE q-1) C/W Massaro said she felt seminars and conferences are being abused and approval of this would allow the City Clerk to be absent from work for 18 working days. She said there are also two more seminars planned for next month and the budget for Travel/Others would be depleted by this. She said this budget is also for travel for other people within the City Clerk's Department. C/W Massaro said the Assistant City Clerk should be going to a seminar so that she could be prepared to take over in the absence of the City Clerk. She said it is unreasonable for any person to attend so many seminars in one year. V/M Stein asked Marilyn Bertholf, City Clerk, why it is necessary to attend so many seminars. Mrs. Bertholf said she attended the following seminars: - The Florida League of Cities Conference in Hallandale - October, 1985 - $31.80 - Trip to Coral Gables to AT&T office for review of a telephone system - reimbursement for use of her car. -- Florida Department of State Registration for Records Management Seminar - 3/3 and 3/4/86 -- Update of all new laws regarding records retention, maintenance, etc. - Annual Conference with the Florida Association of City Clerks - $75.00. - University Conference in Boca Raton - University Conference at the Holiday Inn, State Road 7, Tamarac. Mrs. Bertholf noted that all of these seminars and conferences were approved by the City Manager and she felt they were necessary for her job. Mayor Hart said he believes it is to the advantage of the City to have educated Department Heads. He said he intends to go to Orlando for the Florida League of Cities and attend as many seminars as possible for education. Tape 3 Mrs. Bertholf said she has sent other people in her department to conferences such as the Microfilm Operator, the Public Information Division people, and the Assistant City Clerk. I-] 10 5/14/86 /pm Tape 4 Mayor Hart said he sent a memo to all departments about a month ago that any educational seminars, if approved by the Department Head and City Manager and, within the department's budget, they do not have to come to Council for further approval. Mr. Perretti noted that Mayor Hart's memo stipulated any seminars within Florida and this seminar requested by the City Clerk is in Boston, Massachusetts. C/M Gottesman said he agrees the Department Heads should be well educated; however, he questioned how this particular seminar could be helpful to Tamarac. Mrs. Bertholf said one of the advantages of this particular conference is that it is being held in Boston where there is such a large group of colleges and universities to acquire the professors to train them. She said in addition to having City Clerks from all over the world, there are many ideas exchanged for improving minutes, occupational licenses, etc. (Tape 3 was defective at this point.) V/M Stein said this is within the budget and he MOVED to APPROVE authorization for the City Clerk to attend the International Institute of Municipal Clerks Annual Conference on 5/17-5/23/86 in Boston, Massachusetts. SECONDED by C/M Stelzer. C/W Massaro commented that she felt further education for the City Clerk was not necessary and Mayor Hart said any complaints a Council person has regarding a Department Head should be made to the City Manager. Melanie Reynolds, resident, said the the public should have reports from anyone who uses money for seminars or conferences. C/M Gottesman questioned whether this was approved by the City Manager and Mr. Perretti said he did approve this but requested Council approval because it is out of State. He said he reviewed the contents and felt that it is not necessarily more expensive to go to Massachusetts because of the air fare wars, etc. He said the contents of the conference is right in any City Clerk's area of expertise. VOTE• C/M Gottesman Aye C/M Stelzer Aye C/W Massaro Nay V/M Stein Aye Mayor Hart Aye GENERAL ADMINISTRATIVE/FINANCIAL 38. Authorization the City -Council, Manager and City Attorngy_to attend the Florida League of Cities Convention on September 18, 19 and 20 In Orlando. Florida - Discussion and possible acton. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 40). V/M Stein MOVED to Agendize this item by Consent, SECONDED by C/W Massaro. VQTE: ALL VOTED AYE 11 5/14/86 /pm J CONSENT AGENDA 11. Cons nt Agenda - SYNOPSIS _OF ACTION: APPROVED (See Pages 1,2,5 thru 11 & 22). s-3) Mr. Greenwood said the reason for this Master Plan revision is to enable the City and County to apply for Federal and State funds when available for additional projects related to sewerage. C/M Gottesman MOVED APPROVAL of Addendum #5 to the Engineering Agreement with CH2M Hill to amend the 201 Facilities Plan in an amount not to exceed $23,500.00. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE UTILITIES WEST 23. Fluoridat„ion of Water System -- Temp. Resol_ #3592 - Discussion and possible action. SYNOPSIS OF ACTION: (See Page 2). Temp. Reso�_#3592 was RESOLUTION NO. R-86-183 PASSED. Agendized by Consent and. APPROVED Providing the grant is forthcoming. Mr. Ruf read Temp,. Reso. #3592 by title. Mr. Greenwood said he requested Tom Mueller, Assistant Director of Environmental Engineering with Broward County Public Health Unit, to give Council a brief presentation on fluoridation. Tom Mueller said he is requesting Tamarac take advantage of a grant that would allow for the complete implementaion of fluoridation and all costs involved. He said the history of fluoridation in Broward County began in 1972 when it was a question of one of five straw vote items on the ballot at that time. He said by a majority of approximately 2 to 1 all the precincts in Tamarac at that time voted for fluoridation. Mr. Mueller said the County Commission at that time accepted this as a mandate of the voters; therefore, they enacted County Ordin- ance 72-17 that required fluoridation of all public water supplies in Broward County. He said there was a loop hole whereby the County Commission cannot dictate policy over municipalities and it was up to the municipalities, either by Council action or by holding a local referendum, to decide the matter locally. Mr. Mueller said at that time there were approximately eight municipalities that decided against it; however, there is now a history of 11-1/2 years of fluoridation in Broward County. He said there are 25 water plants feeding cloride, which serves a total population of approximately 950,000 or 80% of the total population of Broward County. Mr. Mueller said there are only 6 cities, including Tamarac, that do not fluoridate and they are approaching all these cities again. He said fluoride is naturally occurring in the water supply at a concentration of about 0.3 milograms per liter and they are seeking to adjust that level up to the optimum range whereby the fluoride will become effective for preventing dental caries. Mr. Mueller said there is strong evidence to indicate that adults also benefit from fluoridation from the standpoint that osteoporo- sis is lessened by the presence of fluoide in the diet. He said it has been shown conclusively in studies that fluoride intake keeps calcium from migrating from the body whereby bones become weakened. He said peridontal disease is also prevented to some extent by the presence of fluoride in the diet. Mr. Mueller noted that all fluoridate except the City residents of Tamarac have water. major cities in the United States of Los Angeles; therefore, most of the already been exposed to fluoridated 12 5/14/86 /pm f Mr. Mueller said fluoride is natural in nature and, in some cases, there is too much in the water supply and efforts must be made to defluoride the water. He said all safeguards are built in and the Heath Department monitors this routinely with no problems in the past 11-1/2 years of fluoridating water. Mr. Mueller said there are grant monies administered under the Florida Block Grant Program which are available from HRS in Tallahassee with the adoption of a Resolution. He said the only monies that have to be advanced would be for the payment of engineering costs, which are reimbursable. He said the grant monies would not be forthcoming until plans are permitted by the Florida Department of Environmental Regulation. Mr. Mueller said this cost would cover all aspects of the implementation and the only thing that would not be included would be if a new building would have to be erected. He said it is possible that space will be found in an existing building at the plant. He said the engineering, construction and fluoride chemical costs for the first two years of operation are also borne by this grant program. C/M Stelzer said in March, 1985, James M. Montgomery Engineers gave the City a report stating they completed all services needed to apply for a grant. He said the application requires a letter from the City asking for a copy of a City Resolution authorizing fluoridation and an estimate of project costs including chemical costs for two years. He said Temp. Reso. #3592 was prepared indicating that $47,200.00 was available for Tamarac. He said everything was in order and for some reason on 10/15/85 this was thrown out. C/M Stelzer said after all the past discussions, it has been determined that Tamarac wants fluoridation providing there is a grant available. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3592 providing the grant is forthcoming. V/M Stein said the cost of the fluoridation for the first two years is included in the grant and he asked what the cost estimate is for fluoridation for each year after that. Mr. Mueller said the general figure varies according to how the chemical is obtained. He said the City of Fort Lauderdale gets delivery in railroad tank cars and they estimate the cost at $.05 per person per year. He said the maintenance is almost negligible. Mr. Mueller said he would estimate a City of Tamarac's size costing approximately $.15 per person per year. He said he feels the figure of approximately $47,000.00 is in line and Tamarac should qualify for complete reimbursement. Mayor Hart asked Mr. Greenwood: 1) What the approximate cost for chemicals would be after the first two year period 2) What the present facilities are for handling this 3) What his opinion is as to whether the City should go into this or not. Mr. Greenwood said the cost figures, as stated by Mr. Mueller, are what is being anticipated. He said as far as space allocation, the existing water treatment plant does not have adequate space; however, Council has approved the design of a complete new building and, within this building will be a small room to house the equipment. He said once the equipment is purchased and installed, a temporary structure will be erected around it at a minimal cost. 13 5/14/86 /pm Mayor Hart asked Mr. Greenwood's recommendation on fluordating and Mr. Greenwood said based upon the American Waterworks Association, and all the dental and health associations, there is evidence of support for fluoridation. C/W Massaro asked if a person must be trained to handle this and Mr. Greenwood said the State has built in safeguards requiring certified water treatment plant operators. He said this is the first line of defense on any chemicals and he noted that chlorine gas is used on a daily basis. He said the second line of defense is detailed laboratory control and Tamarac is one of the first to meetthe accredidation for laboratory certification for many constit- uents including all wet chemistry and bacterialogical. He said this was done through the efforts and training of Gary Hummell and Mike Viant. Harold H. Newman, resident, said on behalf of Dr. Abby, who has been endorsing fluoridation for many years, he complimented the Council for considering fluoridation for Tamarac. Mr. Perretti asked if this is an open --ended grant or must it be applied for yearly and Mr. Mueller said it is a one time thing as far as getting the grant monies and, after one year's operation, the City would apply to receive monies for the cost of the chemi- cals for the second year. Mr. Ferretti said another question of many residents concerned the taste of the water and Mr. Mueller said that would not be affected. TE• ALL VQTED AYE Mayor Hart called a 5 minute recess. 28. Paj:king gr Storage of Commerical or Rec eati na hicles Boats or Boat Trailers -- Discussion and possible action on a request to amend Code Section 15 6(a)(4) to extend the time allowed for parking trailers and recreational vehicles in prohibited areas for the purposes of loading or unloading on a temporary basis. SYNOPSIS OF ACTION: APPROVED an extra 48 hours if the Police Department is notified that residents are loading and unloading. The Code should also have a description of a Recreational Vehicle and the City Attorney is to review the Ordinance. Mr. Perretti read a letter from Louis A. Hradesky who complained to the City regarding this: "We need up to 72 hours to prepare our vehicles for travelling and for unloading prior to storage upon return after a summer's travel. It takes a day to clean the trailer inside and out, fill the water tanks, fill the tires with air and a multitude of other tasks that must be checked prior to use. It takes another day to transfer necessary items from the home to the trailer and, on the third day we prepare the home for a vacancy of 6 months or so...". Mr. Perretti said the City's limit is presently 24 hours to load and unload trailers and he and others feel that is an unreasonable time frame. He said Mr. Hradesky was cited by the Police and is asking Council to consider advancing these additional hours. 1 1 14 5/14/86 /pm Mr. Ruf said an Ordinance was not prepared because his office wanted to hear Council's feelings on this matter. C/W Massaro said she feels 72 hours is a reasonable request. V/M Stein said he feels 72 hours is an unreasonable request; however, he was agree- able to adding another 12 hours to make a total of 36 hours to load and unload. V/M Stein suggested the City Attorney amend the time frame from 24 hours to 36 hours to avoid people parking their vehicles for too long a time. C/M Stelzer said this was originally enacted so that people would not park their trailers in their driveways indefinitely; however, he did not think 36 hours was sufficient time. V/M Stein said he would accept leaving the time frame as it is; however, an extra 48 hours could be allowed if they notify the Police that they are loading and unloading. V/M Stein so MOVED, SECONDED by C/M Stelzer. Vickie Beech, resident, suggested a description of "Recreational Vehicles" be given in the Code. Mayor Hart said the Ordinance to be prepared should have a description of a recreational vehicle. VOTE: ALL VOTED AYE BIRDS AND COMMITTEES 4. Public Information Committee - Temp. R so 4112 - Discussion and possible action on: a) Appointing a City Photographer b) Appointing an Assistant City Photographer c) Appointing members. �SYNOPSIS OF ACTION: a) and b) were REMOVED from the agenda. (See Page 1). c) APPROVED Temp. Reso. #4112 appointing those members named below for terms to expire on 5/11/87. RESOLUTION NO. R-86-156 PASSED. c) Mr. Ruf read Temp. Regg #4112 by title. Mayor Hart, as Council Tape 5 Irving Fenichel Herman Shulman Dan Powers Charles Marks Helen Rosen Mae Walberg Esther Garfinkel Leona Weiss Liaison, nominated the following: Ben Chicofsky Sam Tepper Louis Silverman Faith Feldman Larry Kimmler Maury Kramer Helen Cohen Hearing no other nominations, C/M Stelzer MOVED to APPROVE Temp. Reso. #4112 appointing those named above, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 5. Board of Consumer Affairs - Temp. Reso. #4113 - Discussion and possible action on appointing up to twelve (12) members. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-157 PASSED. APPROVED appointing those named below for terms to expire on 5/11/87. r 15 5/14/86 /pm 1, Mayor Hart, as Council Liaison, nominated the following: Nat Cohen Edward Klein Winifred Ostrum Manny Mishkin James Benenfeld Barbara Lubin Mike Craft Irving Lopatey Benjamin Bromberg Harold Blank Mayor Hart noted that the present Chairman, Nat Cohen, has request- ed that only 10 people be appointed at this time. Hearing no other nominations, C/M Gottesman MOVED APPROVAL of Temp. Reso, #4113 appointing those named above, SECONDED by C/M Stelzer. VOTE - ALL VOTED AYE 6. Board pf Socialervic s -- _Tgmp, Reso. #4114 -- Discussion and possible action to appoint three (3) or more members. SYNOPSIS OF ACTION: APPROVED appointing those named below for terms to expire on 5/11/87. RESOLUTION NO. R-86-158 PASSED. Mr. Ruf read,Temp, so 4114 by title. Mayor Hart, as Council Liaison, nominated the following: Helen Sobel Louis Kaplan Beatrice Lindenman Herman Lacoff Milton Kern Lillian Silverman Louis Silverman Melvin Eliasberg Rita Karnas Dr. Mattera Hearing no other nominations, C/M Stelzer MOVED APPROVAL of TeMp. Reso. #4114 appointing those named above, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 7. gecrggtign Board - TeMp. Egso..#4115 - Discussion and possible action on: a) Appointing two (2) Fishing Commissioners b) Appointing five (5) or more additional members c) Confirming previous appointment of Parks Commissioner SYNOPSIS OF ACTION: a) and b) REMOVED from the agenda. (See Page 1). c) APPROVED appointing those named below for terms to expire on 5/11/87. RESOLUTION NO. R-86-159 PASSED. Mr. Ruf read Temp. Re,so_,_, #4115 by title. Mayor Hart noted that a) and b) have been REMOVED from the agenda. c) V/M Stein, as Council Liaison, nominated the following: Irving Vitrofsky Nat Scolnick Ben Zuger Kevin Duffy Charles Perlmutter Mollie Goldstein Jack Marcus Ronnie Catronio Eleanor Cohen Matteo Quartararo Peter Lamson Smith Jack Slutsky Gerald Mantel 16 5/14/86 /pm I Hearing no other nominations, V/M Stein MOVED APPROVAL of Temp. Reso #4115 appointing those named above, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 8. Bu v' - Temp,_ Rpso. #4116_ - Discussion and possible action to appoint five (5) members. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-160 PASSED. APPROVED appointing those named below for terms to expire on 5/11/87. Mr. Ruf read Temp. Reso. #4116 by title. C/M Gottesman, as Council Liaison, nominated the following: Allan Bernstein Norman Karr Sidney Brumberger Jerry Schneider Steven Popick Hearing no other nominations, V/M Stein MOVED APPROVAL of Temp. Reso. 1411,6 appointing those named above, SECONDED by C/M Stelzer. TE: L V TED AYE 9. Investment Advisory Committee - Temp. Reso. #4117 - Discussion and possible action to appoint five (5) members. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-161 PASSED. APPROVED appointing those named below for terms to expire on 5/11/87. Mr. Ruf read Temp, Reso. #4117 by title. C/M Stelzer, as Council Liaison, nominated the following: Ed Solomon Dr. Alfred Wald Willard Zweig Ray Munitz Leo Platz Hearing no other nominations, C/M Stelzer MOVED APPROVAL of Temp, Reso. #4117 appointing those named above, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 10. Insu an mi tee - Temp. Reso. #4118 - Discussion and possible action to appoint five (5) members. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-162 PASSED. APPROVED appointing those named below for terms to expire on 5/11/87. Mr. Ruf read Temp. Reso. #4118 by title. V/M Stein, as Council Liaison, nominated the following: Bernard Sims Maury Kramer John Assenzio Hy Zipstein Jerry Adler Hearing no other nominations, V/M Stein MOVED APPROVAL of Temp. es #4118 appointing those named above, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 17 ` 5/14/86 /pm Mayor Hart announced for the record that the following vacancies exist: Board of Adjustment - 2 regular positions and and 2 alternate positions expiring in July Code Enforcement Board - 7 positions Mayor Hart urged all interested parties receive applicatons from the City Clerk's office. PRESEENTATION,,$, AND ATnjA t�DS 3. Qh4mbcr Qf Commerce - a) Presentation by Louis Schiff, President of the Chamber, regarding a proposed Economic Development Board. b) Appointment of City representative to this Board. c) Presentation of a Proclamation for "Small Business Week" SYNOPSIS QF_-ACTION: (See Pages 3, 19 & 20) . a) Presentation was given by Mr. Schiff and APPROVAL was given for the City's contribution of $2,500.00 to the new Economic Development Board to match the contribution of the Chamber of Commerce. b) Agendized by Consent on Page The City Planner was appointed as the City's representative to this Board. c) Agendized by Consent on Page Proclamation was presented to Mr. Schiff. Louis Schiff, President of the Chamber of Commerce, said since there has been a change of administration in Tamarac City Hall, for the first time they are hearing that the administration desires to widen the tax base for the City. He said the City cannot continue to tax the residents and existing businesses and expect to get more services without more taxes. Mr. Schiff said Tamarac will have the Sawgrass Expressway, which is scheduled to open in a short time and almost 700 acres that abound this Expressway are prime areas of commercial economic development for Tamarac. He said the Commercial Blvd. area is going to be one of the major thoroughfares in Broward County and if the City does not take affirmative steps to start planning the City's economic growth and development, there will be unorganized development without a plan, which can hurt the City. Mr. Schiff said the Chamber is proposing a responsible committee that will deal with economic growth. He said last night the Chamber of Commerce approved a Tamarac Economic Development Board to be an extension of the Chamber of Commerce. He said he is asking the City to be partners in this. Mr. Schiff said an Economic Development Board would be composed of members of the Chamber of Commerce, a representative from the Tamarac City staff with input from the community via a representative from the Presidents Council. He said if these three groups do not merge there will be no progress. Mr. Schiff said they were in Tallahassee recently and it was noted that this Board is needed with a study as to how best to use the facilities. He said last night the Chamber of Commerce earmarked $2,500.00 which they are willing to spend on an economic development project. 11 18 5/14/86 /pm Mr. Schiff noted that 80% of the businesses that are seeking to relocate in the Broward County area are either from Broward, Dade or Palm Beach Counties. He said the Chamber's goal is to attract the Tri-County area people to this area. Mr. Schiff said the Board of Directors of the Chamber of Commerce has stated that for every dollar up to $2,500.00 that the City will commit to hiring an independent company, to be chosen jointly by the City and the Chamber after bids are placed, the Chamber will match dollar for dollar. Mr. Schiff said there have been other studies done that state that for every 100 acres of land that will be developed, that can mean $200,000.00 per year for the City. He said that does not include the effect of housing and businesses on the City. Mr. Schiff said he is asking the City to commit to work with the Chamber in a partnership effort to form this initial Economic Development Board. V/M Stein said he feels Tamarac should be involved and he noted that there was a survey done in 1982 which gave the demographics, etc., with a reservation of 6 areas for annexation which were given to the County. V/M Stein MOVED to have Tamarac contribute $2,500.00 to the new Economic Development Board to match the $2,500.00 contributed by the Chamber of Commerce. SECONDED by C/W Massaro. Mayor Hart said developing a tax base is not necessarily to bring a tax base into the City but rather to keep the taxes of the resi- dents down. He said without any other source of income the cost of living is automatically going up. He said they are talking about clean industry such as warehousing, centers and possibly bench work. office He said parks, distribution this could also provide many part time jobs for retirees as well. Mayor Hart noted that there are many transportaition advantages now with the Sawgrass and Turnpike and access to an airport as well. He said he was told that Davie, Pembroke Pines and Coral Springs have already hired an Economic Development Director for the City for an amount of approximately $35,000.00. He said Pompano Beach is now hiring this type of person and the Chamber of Commerce is thinking of ways to raise money from the property owners in the south half of Land Section 7 to fund the cost of a Director for Economic Development, who would work through the Chamber of Commerce. He said this could save Tamarac at least $35,000.00 to hire one. Mayor Hart said everyone he has spoken with welcomes this in the proper location. C/W Massaro asked if Tamarac intends to stay within the Land Use Plan that is developed and V/M Stein said presently the answer is yes, but if they receive something different, than that could change. Florence Bochenek, resident, said she is pleased the City is moving in this direction. Melanie Reynolds, resident, asked if there could be a legal opinion regarding this under the State Constitution and V/M Stein said the formation of this Economic Development Board was given by the State and they do not approve of a City having an Economic Development Board. He said all steps taken have been recommended by the State. 19 5/14/86 /pm Mr. Ruf said he feels this is an appropriate public purpose and should be done by the City. Mrs. Reynolds noted that this was an unappropriated amount of money and C/W Massaro asked Mr. Ruf if the determination of the appropriation of the money cannot be deter- mined at another time. Mr. Ruf said this can probably be transferred within the budget. V/M Stein added to his MOTION that a Resolution is to be drafted adopting this MOTION today and stating the fund this shall be appropriated from. SECONDED by C/M Gottesman. TE: ALL VOTED AYE b) V/M Stein MOVED that Thelma Brown, City Planner, be appointed to this board as the City's representative, SECONDED by C/W Massaro. VOTE: ALL VOTED„ „AYE c) Mayor Hart presented a proclamation to Mr. Schiff, as representa- tive of the Chamber of Commerce, for "Small Business Week". L99AL AFFAIRS 27. Americ12n_CAJ21gsystems of Florida - T d 1258 -- Discussion and possible action to amend the rates charged by this company for cable television service. First Reading. SXNOPSI5 OF ACTION: HELD for later in the day. (See Pages 25 thru 28). Tape 6 V/M Stein noted that the second "Whereas" clause of the Ordinance states, "Whereas,, the City Council has held a public hearing, had input from the public and the petitioner and considered the proposed adjustments...". He said there was not a public hearing held on this item. He asked the City Attorney if it requires a public hearing or whether it is in their franchise that it is not necessary. Mr. Ruf suggested this item be deferred to after lunch for research He said he does not know of a franchise that would allow the raising of rates without a public hearing. He said the Assistant City Clerk has indicated to him that thei6public hearing has to be heard before the second reading; however, he felt he should review the franchise agreement. V/M Stein noted that this should be amended if it is valid to have this and Mr. Ruf said it would not be normal for Council to vote on first reading for a rate increase until the public is heard from. Mayor Hart said he received a letter from Mr. Perretti requesting that the first reading of the Ordinance be today but he noted that this item was not advertised as a public hearing. C/W Massaro MOVED to TABLE this item to provide for a public hearing. Mitch Ceasar, representative of American Cablesystems, noted that it has been his experience that the public hearing is always on the second reading and not the first reading. V/M Stein said this should be held until after the lunch break. C/W Massaro's MOTION DIED for lack of a SECOND. 20 5/14/86 /pm 12. Appraisal of Cegtain City Owned Prgpg. �y_ - Discussion and possible action to select a firm to perform an appraisal of the existing City Hall site and Public Works building site. SYNOPSIS OF ACTION: The firm of William S.W. Allison, M.A.I., Real Estate Appraisers, was retained at a cost not to exceed $4,800.00. V/M Stein said the City is presently about to go to bond issue for the new City Hall and, since the Police facility cannot be built at the same time because of the possibility of a referendum regarding BSO, it has been determined that the funds needed for the Police facility will come from the sale of either one or both of these properties. V/M Stein said this cannot be determined without an appraisal which approximates the value of the new Police facility, approximately $750,000.00 to 1 million dollars. He said the City needs a certified appraisal stating that these properties approximate at least 1 million dollars and this is also required when the City wants to sell this property for an upset bid. V/M Stein MOVED that the City retain William S.W. Allison for a sum not to exceed $4,800.00 for the appraisal of this City Hall and the City -owned property on NW 57 St. SECONDED by C/M Stelzer. Vickie Beech, resident, asked in the event the City proceeds to merge with BSO, why would the City need a Police facility, V/M Stein said in negotiations, the BSO has submitted the total amount of space needed, which approximates 8,000 square feet and is estimated at approximately $750,000.00. He said the voters of Tamarac defeated a referendum question to move the Public Works facility a few years ago and the only way that this building can be moved with the property sold would be to have enough funds to move it without going back to the people. Mrs. Beech asked if this appraisal would indicate the value of the land that the new City Hall is being planned for and Council members answered no. Mayor Hart said there is a question of the size of the Police facility to be decided in November but either one would be placed on the municipal complex property. Melanie Reynolds, resident, said she does not feel the property planned for the municipal complex should be used without knowing the value of it. V/M Stein noted that the people have given the City the authority of putting the municipal complex there. Mrs. Beech said the sale of some of the City owned properties could relieve the taxpayers and V/M Stein said if the City were success- ful in receiving the money needed to build a new City Hall and Police facility on this property, they could use whatever is left to either reduce the bond or put an investment in the bank to pay off part of whatever is used to float the bond. C/W Massaro said at one time the City did not have the ability to house all departments in one building but they do have this ability now. She objected to splintering the departments and she suggested submitting this to the people on referendum. VOTE• C/M Gottesman Aye C/M Stelzer Aye C/W Massaro Nay V/M Stein Aye Mayor Hart Aye Mayor Hart recessed the meeting to 1:30 P.M. for lunch. 21 5/14/86 /pm Mayor Hart called the meeting to order and all were present. CONSENT AGENDA 11. h-3) - Bond Release -- To n P1 z formerTamarac Bark ShgpPing Center -- Calling of performance Letter of Credit #P623863 in the amount of $18,327.00 posted for public improvements - Te es SYNOPSIS OF ACTION: (See Pages 1, 2, & 5 thru 12). RECONSIDERED, See Below for further action. C/M Stelzer MOVED to RECONSIDER this item, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE FINANCIAL 39. M-0ujar, Unit for Builaipg_, Deportment - Discussion and possible action. ,SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 38 & 39). C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE CONSENT AGENDA 11. h-1) Bond Release - T51parap Tg.Wn_ Square - Release of warranty bond #604-4I-00 in the amount of $38,958.75 posted for public improvements - T eso 4 19 SYNOPSIS OF ACTION: (See Pages 1, 2 & 5 thru 12). RECONSIDERED and APPROVED. RESOLUTION NO. R-86-163 PASSED. V/M Stein MOVED RECONSIDERATION of this item, SECONDED by C/W Massaro. VOTE: ALL VOTED_ AYE V/M Stein MOVED APPROVAL of Temp. Reso. #4119, SECONDED by C/M Stelzer. VOTE: ALL VOTED, AYE 11. h-3) Bond Release - Town PlagA__(fprmerly TaMaracark Shopping Center - Calling of performance Letter of Credit #P623863 in the amount of $18,327.00 posted for public improvements - Temp. Reso. 14121 5INQPSIS OF ACTION: (See Pages 1, 2, 5 thru 12 and above). APPROVED, RECONSIDERED and the bond will not be called. Temp. Reso. #4121 was rescinded. C/M Stelzer said Council received a Passbook from Hollywood Federal Savings in the amount of $18,327.00 to extend this bond and he MOVED that the bond not be called, SECONDED by C/W Massaro. Mr. Ruf noted that Temp. Reso. #4121 was being rescined. VOTE : ALL ..y_QT AYE 22 J 5/14/86 /pm 1 [7 GENERAL ADMINISTRATIVE/FINANCIAL 13. Touche Ross & Co,,. - Discussion and possible action on: a) Acceptance of the audit report for Fiscal Year 1984/85 prepared by this firm - Temp. Rego. #4134 b) Possible selection of this firm to perform an audit for Fiscal Year 1985/86 SYNOPSIS OF ACTION: RESOLUTION NO. R-86-176 PASSED. a) APPROVED b) TABLED for the Council Liaison and Finance Director to resolve this matter. a) Mr. Ruf read Tema. Reso. #4134 by title. C/M Stelzer asked why a report dated 12/30/85 just came to Council. Stan Brooks, Partner on the engagement for Touche Ross, introduced Mike Wilson, In -Charge Manager, to Council. Mr. Brooks said one of the events which happened during the current year regarding release of the financial statements was ESM. He said there was some difficulty with regard to the attorneys trying to assess the amount of ESM investment which might ultimately be realized by the City. He said it took some time to determine this. He said, in addition, the City had some turn over during the year and there were new people to deal with, such as, the Finance Director, who came on board at the end of the fiscal year. Mr. Brooks said during the period prior to the selection of a new Finance Director, there were some recordings of transactions which were in error. He said these had to be corrected by the new Finance Director, who was also under pressure for a bond refunding, which was a surprise item at the end of the year. Mr. Brooks said at the same time they were performing the examina- tion is when the bond refunding issue developed and they had to devote their staff time towards pursuing comfort letters and assisting the bond refunding. He said they would anticipate that they would be finished and have the audit report issued by 12/31/86. Mr. Wilson said their Letter of Recommendation was issued in November, 1985 and they saw there would be some delay. He said some typo errors have been corrected with revised sheets given to the City. C/M Stelzer MOVED ACCEPTANCE of the submitted report, SECONDED by V/M Stein. VQTE: ALL VOTED AYE b) C/M Stelzer said when the contract was originally submitted, Touche Ross proposed to do the audit of 1984, 1985 and 1986 and they came up with C.P.I. increases. He said he spoke to the Finance Director and he sees no objection to retaining Touche Ross for next year at an amount of $19,000.00 for the audit for 1986. C/M Stelzer MOVED that the City engage Touche Ross as auditors for the fiscal year ending 9/30/86 at an amount not to exceed $19,000.00, SECONDED by V/M Stein. C/M Gottesman asked when the audit will be received and Mr. Brooks said the auditor expresses an opinion on the financial statements that are prepared by the City and they have determined that if the City has a schedule prepared by 11/17/86 and the financial statements are ready by 12/1/86, the audit will be completed with their opinion and issued by 12/31/86. 23 � 5/14/86 J /pm Vickie Beech, resident, said last year Touche Ross offered to do an audit from one department and they were then requested to do a second audit. She questioned what the procedure will be this year. Mr. Perretti said last year they did audits on the Parks and Recreation Department and the Finance Department. Mr. Brooks said initially when they were engaged, Mr. Cohen, who was previously the audit Partner, had submitted a letter with regard to fees and the services to be performed over a three year period. He said the City accepted that and they agreed to con- tinue to do the work in the third year at that fee, which is a substantial discount from what standard billing rates would be. Mr. Brooks said he feels it would be an unnecessary burden to extend a request for Touche Ross' services beyond a standard examination which includes a review of internal control to the extent they want to rely on internal control. Mrs. Beech said the internal audit was being done to create a vote of confidence in every department in the City and this would be done every year. C/W Massaro asked Mr. Brooks if Touche Ross is agreeing to do an audit of some department and Mr. Brooks said they will do a review of the system of internal control to the extent necessary to perform an examination of the financial statements. He said a special report on a separate department is not included in their proposal. C/W Massaro said this was agreed upon and they did two last year because they failed to do it the previous year. Mr. Brooks said there is a new 0 and B circular which will require a total revision of the audit programs, types of documentation and audit reports with regard to any grants. He said there has been no price increase in the fee from the amount that was suggested two years ago in order to adapt the audit procedures to perform that audit. C/M Stelzer read from Touche Ross's original letter: "We also agree to review the internal controls of an operating department in depth on a rotating basis and prepare a separate report on our findings." Mr. Brooks said they will accept that and prepare that report; however, they would then request the City reimburse them for the additional costs that will be required this year to conform with the new 0 and B circular for the Federal Revenue Sharing audits which is estimated at $2,500.00. Mr. Brooks said his previous partner has committed to a $19,000.00 fee and there are a couple of changes in circumstances this year whereby the fee quoted can still be maintained by doing the additional procedures required for the Federal Revenue Sharing and not doing the procedures with regard to the special audit. He said while there has been a special emphasis placed upon the in- depth audit, the nature of the audit that Touche Ross is engaged to do is a financial audit, not an operations audit. He said whether, in the course of performing a financial audit, they would uncover operating problems of a particular department would be somewhat coincidental because they are not specifically looking for operating problems. C/M Gottesman asked if the auditors find something suspect would they investigate and Mr. Brooks said they have committed to doing the audit for $19,000.00. 24 5/14/86 p / /pm \_. Mr. Brooks said to the extent that their procedures have to be expanded because they find a particular event occurring, they would expand those procedures. He said there might be limitations if legal counsel were needed, etc., but they would advise Council on additional cost in advance. Mr. Brooks said it is anticipated that they will, in fact, find departments where they would extend their audit procedures in that department. C/M Stelzer questioned what they have to conform to as far as the original letter of engagement and Mr. Brooks said the previous procedures were well defined and there were no additional procedures beyond what was typically done for an examination of the financial statements of the City. He said the new circular has a new audit guide with new procedures and report- ing. V/M Stein MOVED to TABLE this matter until the Finance Director and the Council Liaison resolve this matter, SECONDED by C/M Stelzer. TE: ALL VOTED AYE LEGAL AFFAIRS 27. AmerigsIn-Cal2lesystems of Florida - Temp. Ord. 11258 - Discussion and possible action to amend the rates charged by this company for cable television service. First Reading. ,SYNOPSIS OF ACTION: (See Page 20). APPROVED on first reading since the Ordinance calls for a public hearing before the second reading. Mr. Ruf said when this matter came before Council this morning, V/M Stein was correct in noting an error in the wording of the "Whereas" clause of the Ordinance. He said apparently the form used was the same one used two years ago and was not reviewed carefully. He said they studied the question of whether or not Council has the right to hold a first reading of the Ordinance before a public hearing and it is the legal staff's opinion that Council may proceed with a first reading and advertise for the second reading to be held on 5/28/86, at which time the public hearing would also be held. Mr. Ruf said they changed the wording in the "Whereas" clause to indicate, "The Council will hold a public hearing prior to final adoption of this Ordinance so as to hear input from the public and the petitioner and consider those adjustments proposed herein." Mr. Ruf said it would be appropriate to hear from the applicant and have first reading of this Ordinance. Mitch Ceasar, Attorney for American Cablesystems, said American Cablesystems is the successor or new purchaser of American Video Corp., which had been in the City approximately 12 years previous- ly. He said American. Cablesystems has been in Tamarac for 2-1/2 years and they are proposing a rate increase of $1.95 per basic. He said this is the first rate increase they have proposed in over 2 years. Mr. Ceasar said the City currently receives franchise fees which are 3% of the gross revenues, which are all the numbers they receive which are basic costs and a gross of any other costs. He said the City is presently receiving approximately $70,000.00 per year in franchise fees without the increase. 25 5/14/86 /pm Tape 7 Mr. Ceasar said there are approximately 9,000 subscribers in Tamarac that have been approved under the schedule by the County Commission for the area within the County and they were approved last night in Sunrise and Lauderhill. Mr. Ceasar said a few years ago they promised to rebuild the system and spend in excess of 1 million dollars in Tamarac to make it the most up-to-date system possible. He said they are now anticipating spending approximately 2 million dollars just in Tamarac on the rebuild. He said they also promised to change the phone system and they did this at an expense of almost $200,000.00. He said that system proved to be faulty and they pulled it out and installed another one for the same amount of money with modifications on that system. Mr. Ceasar said they developed a West Service Center with a pool of approximately 40 trucks which will send service anywhere in Tamarac in 5 minutes. He said they have expanded to 24 hours service with a customer service center on University Dr. in Plantation. Mr. Ceasar said another proposal with the rate increase is that those people who receive just the basic service will be getting 7 additional free channels such as, Arts and Entertainment, Video Hits, Black Entertainment Network, Country Music, Nichelodean, Home Shopping Network and PTL. He said they are also adding some pay channel such as, American Movie Classics, Bravo and Nostalgic Channel. Mr. Ceasar said two years ago they also promised to increase coverage locally at Council meetings, community events, etc., and they have covered everything they have been asked to cover as well as many items they have not been asked to cover. He said they spent $350,000.00 for a mobile television unit to handle this type of exposure. Mr. Ceasar noted that in the past there was a remote with a wire attached to the television set and now there is a totally wireless remote. He said any person who gets two paid channels or more of any kind will receive a 0 rate increase. Mr. Ceasar said with the rate increase, they did a comparison to show where they would fall among all other cablesystems in the County and they fall about in the middle. He said they also have the highest channel capacity with 54 channels possible eventually and 45 provided now. Mr. Ceasar said the increase of $1.95 will not cover their cost for the expenses for services being provided, which breaks down to $4.02. He said they have lowered other rates, such as, additional sets with channel selectors which was reduced $1.00, mini - amplifier deposit went down from $50.00 to $15.00 and the interconnect for large screens went down from $20.00 to slightly more than $10.00. Mr. Ceasar noted that a Federal Bill was passed that deregulated cable and they could pass a certain increase without requesting Council's permission but the final decision maker is the customer. He said they felt it would be better to go before Council and request their permission. Mr. Ceasar apologized for a mistake in that a notice went out about a rate increase before this was discussed by Council. He explained that they received approval some time ago from the County and there are several cities in the east that are totally deregulated already. He said they sent out 47,000 notices and, unfortunately, they were mixed in with an additional batch that were distributed in Sunrise and Tamarac. He said they ran public notices explaining this error. 1 1 1 26 5/14/86 /Pm �. David Felsenstein, resident, objected to the notice of increase which was received one month before it was applied for before Council. Vickie Beech, resident, said she heard Channel 2 has been taken off certain cable stations and Mr. Ceasar said he heard that. Bill Gronski, resident, said Bermuda Club just signed a contract with American Cablesystems and he asked how this will affect them and Mr. Ceasar said it will have no affect. Milt Siegel, President of the Isles of Tamarac, complained about the service of American Cablesystems. Irving Lopatey, resident, complained about the service. C/M Gottesman asked in what time phase American Cablesystems will invest 2 million dollars and what will this money do for the subscribers? Mr. Ceasar said the money is for replacement of wires, convertors and electronic equipment being changed to make the system run better. Dan Olmetti, representative of American Cablesystems, said the rebuild project is expected to be completed in 30 days. He said in some cases actual hard cable must be replaced and they are putting standby power equipment in the lines to reduce the loss of power to the system and rain fade. He said they installed new microwave equipment in the Tamarac tower which should improve the rception quality. Mr. Ceasar said there are battery packs that are installed to help when lightning hits an area or FP&L is digging and cuts cables. He said these standby battery packs will assure that the entire system is not affected and this will isolate the area that is affected. C/M Stelzer said two years ago when cable first came into Tamarac there were many complaints about actual cable reception. He said he has not heard one complaint now that the pictures are bad and the only complaints regard the telephones and he noted that this is the same situation for airlines and other services. C/W Massaro asked Mr. Siegel what his pumplaints were and Mr. Siegel said it concerned the quality of the picture. V/M Stein said there are 9,000 subscribers and he questioned the number of subscribers that are complaining. He noted that American Cable - systems does have a franchise but they could price themselves out of business. He said the open market has allowed people to use whatever cable system they want since this is a non-exclusive franchise. He noted that ixterrupted service happens with any cable system as well. Mr. Ruf read Temp. Ord. #1258 by title. V/M Stein MOVED APPROVAL of T.QMp.__Qrd 11258 on first reading subject to the fact that the Ordinance now calls for a public hearing before second and final reading. SECONDED by C/M Stelzer. C/W Massaro said the Ordinance reads, "Whereas, the City Council has deemed it in the best interests of the City to grant a rate adjustment to American; and, Whereas, American has progressed satisfactorily in providing upgraded service to City residents..." She said in view of the complaints heard today she would have to vote against this increase. 27 5/14/86 ; /pm U Mr. Ruf said the "Whereas" clauses are not the effective part of any Ordinance but are only preparatory language for the final passage. He said they are not effective until they are adopted on second reading. C/W Massaro said she understood Mr. Ruf's point. VOTE: ALL VOTED AYE GENEGENERU ADMINISTRATIVE/FINANCIAL 14. Durbin Paper stock CoMpany -- Discussion and possible action on allocation of space near the Public Works site to provide residents a means of disposing of newspapers and obtaining monies by weight. Y P I F ACTION: APPROVED the drafting of a contract with Durbin Paper Stock Co. for this purpose. Tape 8 Mr. Ferretti said a few months ago Durbin Paper Stock Co. showed him some opportunities for pursuing this and he and the Public Works Director looked at certain areas of the City for this purpose. He said there were several alternatives studied and this was the most convenient: the idea of the residents dropping off their own newspapers at the corner of NW 88 Ave. just to the east of the Public Works building with ingress/egress off Commercial Blvd. and NW 57 St. The truck would be stationed at that location. Mr. Perretti said this is helpful for the resident because any amount of paper they would get would give them a certain amount of money per pound of paper. He said the advantage to the City is the fact that this would decrease the City's tonnage that is going to Waste Management since the City is being charged a tipping fee of $25.00 per ton. He said during the last 3 years the tipping fee for garbage has gone from $19.00 to $25.00 per ton and this could be helpful. Rubin Aguilar, representative of Durbin Paper Stock Co., said he met with C/M Stelzer and the former Public Works Director some time ago regarding this and, at that time, an alternative site was considered at the Family Mart store. Mr. Aguilar said he was told this morning that the City would consider putting the container at the Public Works site. He said this program has been used in many cities throughout Florida for about 6 years and the process would be that they would place a 40 cubic yard container on the site with an attendant. He said it would be manned during regular hours, 9:00 a.m. to 5:00 p.m. every day and half day on Saturday. He said when the resident brings the papers to the site, they are weighed with the resident issued a voucher redeemable for cash at a local bank. Mr. Aguilar said they estimate they can take 100 tons of paper per month out of the City. Mr. Perretti asked what the cents would be per 100 pounds of paper that the resident would receive and Mr. Aguilar said it is presently $25.00 per ton. C/M Stelzer said there were was discussion of putting small boxes in every clubhouse throughout the City or at Family Mart but this sounds like the best idea. He MOVED that permission be granted to Durbin Paper Stock Co. to place a 40 cubic foot container at Public Works. Mr. Aguilar said they will prepare a contract for the City Manager with insurance coverage that is included in the agreement. SECONDED by V/M Stein. VOTE • ALL _YQTEDAYE 28 5/14/86 /pm 15. Italian American Club of Tamarac Festival - Discussion and possible action on a request to close off a portion of NW 57 Street between NW 66 Terrace and NW 64 Avenue for a festival on October 16 - 19, 1986. SYNO SIS OF ACTION: Permission was granted with the understanding that Insurance and a Hold Harmless Agreement must be received. Mr. Perretti said there has been a request from the Italian American Club to close off a portion of NW 57 St. for the purposes of having a festival. Angelo Mela, Italian American Club Manager, said the front of their building would be used for parking fac- ilites with the festival in the back of the building. He said the dates and times involved would be Thursday, October 16, Friday, October 17, Saturday, October 18, and Sunday, October 19, between 3:00 p.m. to 12:00 midnight. V/M Stein said he would object to allowing them to use the whole street for this purpose because of traffic purposes; therefore, they will be allowed to use the east bound lane only so that it is in conjunction with the property. C/M Stelzer MOVED to allow the Italian American Club permission to hold this festival on the dates and times stated with the under- standing that a Hold Harmless Agreement is received, SECONDED by C/M Gottesman. VOTE: LEGAL AFFAIRS ALL VOTED AYE 25. Emplgvge RRetirement plan - Discussion and possible action on: a) Amendment of Section 19--1.2 ( f) (1) and (3) of the Code regarding contributions of employees and the City to this plan - Temp. Ord. #1253. First Reading. b) Authorization for Kruse, O'Connor and Ling to prepare an Actuarial Impact Statement and related services at a cost of $1,200.00. c) Increased benefits (tabled from 4/23/86) SYNOPSIS OF ACTION: a) APPROVED on first reading as revised on 5/14/86. b) APPROVED with the cost to come from the Pension fund. c) TABLED. a) Mr. Ruf read Tema. Ord. #1253 by title. Peter Prior, Chairman of the Pension Board, said this Ordinance would take care of the employee's tax benefits so that instead of paying them now they would be paid when the employee retires. C/W Massaro explained that the money that goes into the Pension Fund must have tax paid on it now and this would defer that tax until retirement. C/M Stelzer asked if they received the I.R.S. ruling on this and Mr. Prior said this was passed. C/W Massaro asked how this would affect the City and Mr. Prior said it does not. C/M Stelzer explained that the employee would defer the tax on the amount deducted from their salaries and contributed to the Pension Fund. Frank Etheredge, Finance Director, agreed that this would have no affect on the City. 29 5/14/86 /pm Mr. Etheredge said presently the employee is taxed at the Federal level on his gross salary and this change would mean that the 1% or 5% he is contributing to the retirement plan will be taken out of his gross salary and then his Federal Withholding Taxes will be figured on the dividends instead of the gross. C/W Massaro asked when this became law Federally and C/M Stelzer said this has been in effect for a long time. V/M Stein MOVED APPROVAL of Temp. Ord. #1253 on first reading, SECONDED by C/W Massaro. Mr. Ruf said that the Assistant City Clerk has requested that a revision date be put on the Ordinance of 5/14/86. VOTE: ALL VOTED AYE b) C/W Massaro asked who would be paying for the Actuarial Study and Mr. Etheredge said in the budget revision they put it in the budget of the Pension Fund; therefore, the Pension Fund could be charged. V/M Stein noted that the wording should be changed since the memo from Judy Deutsch, Personnel Director, states that "there will be no additional cost to the City". He said the amount is $1,200.00 and it should be stated, "which shall be paid by the Pension Fund". V/M Stein MOVED APPROVAL as amended, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE c) Mr. Prior said the three things in common on this issue are the vesting schedules. He said they are asking for the general employees to have an increase of 1.25% to be raised to 2% for a retirement benefit. He said 1.25% does not provide a livable wage when the employees retire. He said the Police have two options, one for 2µ1/2% and one for 3% which they prefer. He said the Fire Fighters are requesting an increase from 2-1/2% to 3% and to lower their normal retirement age to 50. V/M Stein said the Fire Fighters are requesting an increase to 3% as well as the reduction in retirement age to 50 from 55. Mr. Prior said the cost to the City is $15,500.00 for that item each year but there are monies to pay for that benefit to which the City does not have to contribute. Mr. Perretti said the subject of age is involved in contract negotiations as well as the Pension Fund and, from a contractual standpoint, before Council considers dropping any age requirement, unless the Fire Fighters are going to commit themselves to a "50 and out" concept, he would recommend that this not be considered. He noted that the Police have in their contract a retirement age of 57 but they allow Police officers to work to 60 or older and he felt he could not recommend that. V/M Stein said since there are contract negotiations pending, he felt this should not be discussed. Mr. Perretti said the contract expires on 9/30/86 and negotiations will start with the Fire Fighters shortly. He noted that negotiations have already begun with the Police. He said retirement is now a negotiable item in Florida. Mr. Prior said if all the benefits are being taken, the powers of the Pension Board are being usurped since the powers are not only fiduciary but to make sure that the benefits are worthwhile to the employees. He said they are only asking for the minimum. 30 5/14/86 /pm 1 G' C/W Massaro MOVED to TABLE this item until it is ready to be brought back before Council, SECONDED by C/M Stelzer. Mr. Prior said there is one item that is the same for all employ- ees and that concerns the increase in the annual percentage rate. He said they have people who are expecting to retire and cannot until a benefit rate is set. V/M Stein said the City must be careful regarding the Police benefits because of the present negotiations with the BSO and he felt this should be studied further. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 29. Kings Point/Clairmont - Discussion and possible action on: a) Site Plan - Temp. Rego. #4059 b) Plat - Temp. -Re -so, #4058 c) Water and Sewer Developers Agreement d) Public Safety Ingress/Egress Easement - Temp-__Reso, #4060 e) Irrevocable Option Agreement f) Declaration (for private streets) g) Vacation of two 60--foot road rights -of --way, one at NW 103 Avenue and one at NW 106 Avenue - Temp., Resg. #4046 (located on the north side of NW 71 Place, east of NW 106 Avenue) (tabled from 4/23/86) SYNOP,91SOF„ A;gTION: RESOLUTION NO. R-86-179 PASSED. APPROVED a) through g) RESOLUTION NO. R--86-180 PASSED. RESOLUTION NO. R-86-181 PASSED. RESOLUTION NO. R--86-182 PASSED. a) Robert Haber, Attorney representing Lennar Homes, submitted the following checks: $82,842.00 - Water and Sewer Charges 14,820.00 - Parks and Recreation Fees 13,186.68 - Future Traffic Needs 9,277.32 - Future Traffic Needs 750.00 -- Engineering ERC Review Fee 117.00 w- Drainage Improvement Fee Mr. Haber noted that the two checks for Future Traffic Needs were submitted under protest required under Ordinance 86-18 represent- ing the fees applicable to Lennar for roadway impact fees. Mr. Ruf read Temp. Reso. #4059 by title. C/W Massaro MOVED APPROVAL of Temp. Reso. #4059, SECONDED by V/M Stein. TE: ALL VOTED AYE b) Mr. Ruf read Temp. Reso. #4058 by title. C/W Massaro MOVED APPROVAL of Temp,. Reso-,14058, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) C/W Massaro MOVED APPROVAL of the Water and Sewer Developers Agreement as submitted, SECONDED by V/M Stein. TE: ALL VOTES AYE 31 5/14/86 /pm d) Mr. Ruf read Temp_ es-o._ #4060 by title. C/W Massaro MOVED APPROVAL of Temp. Reso. 44060, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE e) Mr. Ruf said the Irrevocable Option Agreement has been approved by the legal staff. C/W Massaro MOVED APPROVAL of the Irrevocable Option Agreement, SECONDED by V/M Stein. VOTE: ALLYQTED AYE f) C/W Massaro asked what the Declaration was for and Mr. Haber said this is a Declaration that, when recorded with the County, will encumber the property on which Lennar would be building its homes for sale. He said this is the same document that was used in the Belfort and Ashmont projects. Mr. Ruf said this regards Lennar's maintaining private streets in this project and gives the City the right to use the streets. Mr. Haber said it is an interior roadway system in certain areas of the development and this gives an easement for public purposes. C/W Massaro MOVED APPROVAL of the Declaration, SECONDED by V/M Stein. VOTE: ALL VOTED AYE g) Mr. Ruf read Temp. Reso . 14046 by title. C/W Massaro MOVED APPROVAL of Temp. Reso. #4046, SECONDED by C/M Gottesman. VOTE: ALL VOTED„AYE 32. Woodmont Plaza - Temp. Reso. #4138 - Discussion and possible action on a request to extend the Special Exception granted to Jack Lalanne Health and Fitness Center regarding expansion of facility. SYNOPSIS_OF ACTION: No Resolution was prepared. An extension of one month was given to make the necessary permanent parking arrangements or the bay will be closed. Mr. Ruf said that Resolution has not been prepared. Barry Eden, representing Woodmont Plaza Associates, said 18 months ago a Resolution was approved by the City regarding settlement of a permanent arrangement for parking between Woodmont Plaza and All Saints Lutheran Church, who owns the property directly to the east. He said they thought All Saints would have finished their building by now and a permanent arrangement could have been agreed to; however, this has not been done because there were problems with the sale of their property on University Dr. Mr. Eden said at this time, on behalf of all the parties involved, they are requesting that this continue on a month to month basis and, if there is a cancellation of the arrangement, notice will be given to the City. He noted that they have been cooperating with the City. 32 5/14/86f,, /Pm �' Chief Building Official, Bob Jahn, referred to the letter he sent to Jack Lalanne regarding Resolution 84-372 which specifically states that within 18 months they are to secure the permanent parking arrangements and, if not, they will vacate the bay at 7915, which was the extension of Jack Lalanne. He said this did not include 7921, which is the main building. V/M Stein said when this was approved he was emphatic that he would only agree with this if they understood that there would be no extensions or renewals. He said they agreed to that and at the Site Plan Review meeting yesterday, the Church showed a 6-foot wall extending across this area and their attorney said under no condition would a cross -parking agreement be granted. V/M Stein said this is not closing down Jack Lalanne but only the additional bay and he noted the terrible parking situation at this location. Mr. Eden said if the situation with All Saints Church had progressed as they thought it would, this could have been resolved. He said they are asking for an opportunity to work this Tape 9 out and he asked that this be Tabled to the 5/28/86 Council meeting. Mayor Hart noted that Reverend Kaiser from All Saints Lutheran Church met with him a week ago and noted they are prepared to start building. Mr. Eden said the situation has not been resolved and he asked this be renewed month to month. C/M Stelzer said when this was approved originally it was stipu- lated that if they could not complete permanent parking arrange- ments, they would close the bay. He MOVED that a one month extension be given on this item to give them a change to either complete permanent parking arrangements or the bay will be closed. SECONDED by V/M Stein. VOTE• ALL_VOTEP AYE ENE M ADMINISTRATIVE/FINS 16. Stgeet Lightg gn C rc'a Bou v rd - Temp. Reso. #4135 - Discussion and possible action to urge Broward County to restore complete street lighting along Commercial Boulevard. (Every other light had been extinguished by the County in an effort to economize). SYNOPSI F ACTION: RESOLUTION NO. R-86-177 PASSED. APPROVED. Mr. Ruf read Temp. Reso. #4135 by title. V/M Stein said at the 4/9/86 Council meeting it was discussed that the Police officers should report when there are lights out in various areas. He said in response to Council's complaint, there was a letter from Police Chief McIntosh and Police officers which noted that on 11/16/82, then Vice Mayor Helen Massaro, together with Steve Wood, the former Finance Director, agreed with the County to have every other light on W. Commercial Blvd. and Rock Island Rd. turned off. V/M Stein said as a result of that, they extinguished every other light and removed some of the fixtures of these lights so that they could not be turned on. He said the only way the City could urge the County to reconsider this would be to approve a Resolu- tion requesting they turn the lights on. He said according to the Police and Engineering Departments, the lighting there now is not sufficient and is unsafe. 33 5/14/86 /pm C/W Massaro said at that time the City was required to diminish some of the energy use and, although she did not approve, there was no choice. She said that test period was forgotten and there are constantly lights out in this area. V/M Stein MOVED APPROVAL of Temp. Reso. #4135 urging the County to turn on the lights and replace the fixtures that were taken down. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 17. Municipal CoMpl ex - Discussion and possible action on: a) Status report by the Construction Committee b) Miller & Meier Invoice F1307 in the amount of $35,191.66 (tabled from 9/11/85) 9jYNOP,915- QF ACTION: a) V/M Stein gave a report. b) APPROVED payment of $6,509.62, which are reimbursable costs, and the City will have a credit of $7,000.00 to be used for whatever is billed for completed bids. This amount is instead of the amount of $35,191.66, which was previously stated as due. a) V/M Stein said the first meeting was held of the Construction Committee with two representatives from Miller & Meier and C/M Gotteman present. He said they found that they could live with the plan with some modifications which are being prepared by Miller & Meier. He said they ordered Miller & Meier to start working on the site plan first in order to be expediant. V/M Stein said there has been agreement between the Committee and Miller & Meier on some items and one item of concern was a lagoon that was requested by C/M Gottesman. He said after discussion it was determined that to put this lagoon in would cost approximately $600,000.00. He said this could be modified into a waterfall with a pond. V/M Stein said it is possible that before Council recesses for the August vacation, there could be plans ready to go to bid. He said the bidding could take place during August and in September, this matter could be discussed further. He said in addition, they are informing the bond counsel of the amount of money needed. C/W Massaro asked if the amounts for furniture, carpeting, etc., have been removed from the costs and V/M Stein said the plans are centered around the furniture. He said the City is compelled to go to competitive bid for all furniture, etc., and Miller & Meier need specs to go to competitive bid. b) C/M Stelzer said the original contract with Miller & Meier had 7% architect fees on new construction and 6% is due for programming, 9% for schematic design, 20% for design development and 40% when the construction documents are finished. C/M Stelzer said one of the problems was that there was no mention of site development in any of the discussions previously. He said site development has been estimated by Miller & Meier as totally over one million dollars. C/M Stelzer said another problem concerned the furnishings and in review of past discussions there is no mention of Miller & Meier purchasing any furnishings or carpeting. 34 5/14/86 /pm 1 LJ C/M Stelzer said, however, all the bills put through by former City Attorney, Jon Henning, indicate percentages of the carpeting and all the furnishings. He said the City is evidently committed to paying the architect's fees on the furnishings and carpeting, if the City buys carpeting. He said if the City does not buy the carpeting, they do not get the 7% amount. C/M Stelzer said on the Police facility, Miller & Meier has gotten to the 40% construction documents. He said the cost for the Police facility was originally planned at 2 million dollars in the original contract and this is now computed at $1,771,000.00. He said the site development related to the Police facility was $471,000.00 which brings the construction costs to $2,200,000.00. He said the 7% fee on this amount totals $153,000.00 with 75% at the completion; therefore, the City owes Miller & Meier $114,000.00 for that. C/M Stelzer said the interior furnishings, which they estimate costing $236,000.00, the total 7% would be $116,500.00; however, inasmuch as no specs have to be made for the purchasing of the interior furnishings, he convinced them to only charge 3-1/2%. He said with 3-1/2%, 50% completion on the interior furnishings would be $8,000.00 and the total fee earned to date would be $123,000.00. C/M Stelzer said the computation that the Finance Director made for him shows that the City paid Miller & Meier $130,000.00 on the Police facility; therefore, they owe the City $7,000.00 on archi- tectural fees that were paid for the Police facility. He said Miller & Meier has agreed to having this $7,000.00 applied to the final billings when they devise the final plans. C/M Stelzer said there are reimbursable figures on money that was spent by Miller & Meier to of $6,509.00 and they should get paid for that. C/M Stelzer said they have estimated $3,700,000.00 for the build- ing, interior furnishings of $588,000.00 and the site development costs of $600,000.00 with the total project construction costs being $4,800,000.00. He said the City has paid Miller & Meier some money on this but have not paid the full 7% that is owed. He said he has arranged with them that nothing further will be paid until the City goes out for bid and the exact figures for construction costs are known. C/M Stelzer said the agreement is that the City will pay them $6,509.62 for the costs that they have incurred that are reimburs- able and, whatever they bill the City on completed bids will have a credit of $7,000.00. C/M Stelzer MOVED that the City pay Miller & Meier the sum of $6,509.62 instead of the previous amount of $35,191.66, which was stated as due. SECONDED by V/M Stein. VOTE: ALL VOTED AYE C/M Stelzer said for the record Miller & Meier $6,994.00 to be applied to future billings on complex and he MOVED that this computation be by V/M Stein. MTE : ALL VOTED AYE owes the City the municipal ACCEPTED, SECONDED 35 5/14/86 /pm 19. Broward Lgggue Qf CitiggBusiness - Discussion and possible action. 20. Northwest Coun,cil_of_Mayors Business - Discussion and possible action. SYNOPSIS OF ACTION: These two items will no longer be on Council agendas. Mayor Hart noted that these two items will no longer be on City Council agendas. COMMUNITY DEVELOPMENT 30. r 1 ardens - Sian Wiver - Temp. Reso._43995 - Discussion and possible action on a request to renew a sign waiver for a temporary community directional sign on the northwest corner of NW 80 Avenue and McNab Road (tabled from 3/26/86) SYNOPSIS OF ACTION: TABLED for receipt of outstanding fees and permission letters. Mr. Perretti said at the 3/26/86 meeting the refund they are requesting will not be considered until the outstanding fees and permission letters are received. C/M Stelzer MOVED to TABLE this item for receipt of the outstand- ing fees and permission letters, SECONDED by V/M Stein. VOTE: ALL VQTED_AYE LEGAL AFFAIRS 24. C,i_Y Attprney Position -- Temp._$eso. #4136 -- Discussion and possible action to appoint a City Attorney. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-178 PASSED. APPROVED as noted. Mr. Ruf read Temp. Reso. #4136 by title. C/M Stelzer MOVED APPROVAL of TQMp,.Reso. #4136 appointing A. Bryant Applegate as City Attorney, SECONDED by V/M Stein. V TE: ALL VQTED_AYE EDITOR'S NOTE: The following are the conditions as noted on the Resolution: 1. Starting date is 6/9/86 2. Mr. Applegate will perform no legal work for clients other than the City. 3. Mr. Applegate's salary will be $45,000.00 per year. 4. There will be a probationary period of 6 months. 5. After satisfactory completion of the probationary period, Mr. Applegate will automatically be entitled to a $5,000.00 increase in annual salary and shall become eligible for inclusion within the Executive/Managerial Benefit Plan. 6. After 3 months of employment, Mr. Applegate and his family will be eligible to participate in either hospitalization plan offered by the City. 7. After 10/l/86, a car allowance will be allocated to him or a car for his use. 8. Should Mr. Applegate be terminated after a successful proba- tionary period, he will be given 2 months severance pay. 9. Should Mr. Applegate wish to terminate his employment, it will be necessary for him to provide the City with 30 days written notice. 36 yA 1 5/14/86 /pm 26. Homeowner Warranty_ BondA - Temp. Ord. 11243 - Discussion and possible action to amend Chapter 7 of the Code to revise the HOW bonding requirements for multi -family rental developments. Second Reading. (Public hearing held 3/12/86) (tabled from 4/9/86) SYNOP IS OF ACTION: REMOVED from the agenda. V/M Stein said this Ordinance has been replaced by the fact that the City will have a Code Enforcement Board and an Ordinance as to the maintenance of these properties under the Code. V/M Stein MOVED to REMOVE this item from the agenda, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 31. Lake Colony (Brookwood Gardens) - Discussion and possible action on: a) Model sales facility - Units 30 -- 32 b) Waiver of the 300-foot distance requirement for issuance of certificates of occupancy. (tabled from 2/26/86 and 3/26/86) SYNOPSIS OF_ACTION: Discussion was held. (See Page 38 for action. a) C/W Massaro asked if the waiver letters have been received and V/M Stein said he finds no fault in getting signatures from new owners but he questioned whether the developer should have to get signatures from present homeowners. Mayor Hart held this item awaiting the appearance of the Chief Building Official. 36. Trgphsel/Bienema Property at 47 Terrace and Commercial Boulevard - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Pages 2 & 3. This item was sent back to the Board of Adjustment for their decision. C/W Massaro said this is an odd shaped piece of land which was left over when the turnpike was built. He said this property belonged to Behring and Mr. Trachsel and Mr. Bienema were his Vice Presidents who inherited this property free of charge. She said this property is between Commercial Blvd. and 47 Terrace and 47 Terrace is very narrow with a total width of approximately 16 feet. C/W Massaro said Mr. Kramer came to the Board of Adjustment seeking a 57 foot waiver of the distance required because B--1 zoning requires a 200-foot depth. She said that zoning was put there to protect the homeowners in that location and she suggested the Board of Adjustment allow her to bring this to Council to ask that this be sent to the Planning Commission to consider the appropriate zoning for that land. She said they cannot utilize the B--1 zoning because the land does not have the proper depth. 37 5/14/86 /pm V/M Stein said this came to the Board of Adjustment for a Variance and that Board is one of the few Boards whose decisions the City Council is prohibited by law from reversing. He said it is the duty of the Board of Adjustment to act on this request and, if they Deny this it would then go to the Planning Commission for a change in zoning. Florence Bochenek, Vice Chairman of the Planning Commission, said this came before the Planning Commission with a recommendation and it did go before the Board of Adjustment. She said she thought this would come before the Planning Commission again and Council members said that this must go before the Board of Adjustment and Council will not interfere with their decision. V/M Stein MOVED to send this item back to the Board of Adjustment for their decision, SECONDED by C/M Stelzer. VOTE: C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Aye 31. Lake Colony (Brookwood Gardens) - Discussion and possible action on: a) Model sales facility - Units 30 - 32 b) Waiver of the 300--foot distance requirement for certifi- cates of occupancy. (tabled from 2/26/86 and 3/26/86) SYNOPSIS OF„ACTION: (See Page 37). a) APPROVED for 6 months from 2/27/86 and to expire 8/27/86. b) APPROVED. a) C/M Stelzer asked Bob Jahn, Chief Building Official, if the City & received the waiver letters and Mr. Jahn said this was granted b) previously and this was a renewal which was held up because of the amounts they owed. Mr. Jahn said when the waiver and the renewal are granted they are to complete certain forms when this is due for renewal. He said the next time this renewal is due, they would have to attest that they have the people signed within the radius of the distance waiver. It was noted that the fees have been paid and V/M Stein MOVED APPROVAL of the model sales permit and waiver of the 300--foot distance requirement for certificates of occupancy for 6 months, SECONDED by C/M Stelzer. VOTE: C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Aye GENERAL ADMINISTRATIYEZFINANCIAL 39. Modular_Unit for Building DeT)aartmgnt - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 22. Discussion was held and action was taken on Page 40. 38 •` 5/14/86 /pm 11 1 r] Mr. Jahn said Council granted him permission some time ago to determine prices to rent or lease a modular unit to increase the space needs for the Building Department. He said AZCO Equipment Corp. had provided the Engineering Department with fine units; therefore, he went to them and received the following proposals: 1. 24 x 40 modular unit for $780.00 per month with an 18-month lease. 2. 24 x 60 modular unit Mr. Jahn said his recommendation for purchase of the first option was because this would fit sideways across the parking lot without closing off the exit from the Council Chambers or the rear of the building and would only require abandoning two parking spots. He said the cost would be $750.00 or, if carpeting is desired for the first option, it would cost $30.00 more for a total of $780.00. Mr. Jahn said this would be a new unit that would have to have a floor plan designed with space for restrooms. He said this would be a unit that would be approved by the State of Florida as to construction, etc. He said when the lease is ended, there is an option to renew or remove it for $800.00. Mr. Jahn noted that the second option is larger and is "on hand" and could be delivered immediately; however, it would take up too many parking spaces. Mayor Hart questioned the cost to buy this type of unit as opposed to renting but Mr. Jahn said he doubted that this would be available for State contract but might be purchased from AZCO. Tape 10 C/W Massaro suggested this be researched further. V/M Stein suggested Mr. Jahn determine what the price would be for the larger trailer as well and Mr. Jahn said he will call them immediately to determine the price of puchase for both units. Mayor Hart held this item for this information. UTILITIES WEST 37. TUW - Sludge Disposal - Award Authorization to Rilliamg, Hatfieldtone Inc.Inc.A to Pursue the permit on - e ri c s not to excged $1,800.00 plus $350.00 for Countv and DER Permits - Discussion and possible action. SYNOP$IS QF ACTIO : Agendized by Consent on Page 3. APPROVED. C/M Stelzer said V/M Stein initiated negotiations which reduced the price from $17,000.00 to $1,800.00. V/M Stein said that is a drastic difference and C/M Stelzer MOVED APPROVAL of this item, SECONDED by V/M Stein. UTE: C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Aye 39 5/14/86 /pm GENERAL ADMINISTRATIVE/FINANCIAL 38. Authgrdzation for the City Cggnpil,Manager and City-Attorngy-tt nd jhp Figrida Lgagues Co n t n 20 in_O.Llando, Floridg - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 11 APPROVED. V/M Stein MOVED APPROVAL of this item, SECONDED by C/M Stelzer. VOTE: C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Aye 39. Modular, Unit for Building Department - Discussion and possible action. SYNQj!,9Ih9 QF ACTION: Agendized by Consent on Page 22 (See Pages 38 & 39) APPROVAL was given for rental of a modular unit, 24 x 40, from AZCO Equipment Corp., for $780.00 per month with an 18-month lease. Mr. Jahn said to purchase the first option modular unit 24 x 40 would cost $18,900.00, which does not include the setup. He said the 24 x 60 modular unit would cost $22,500.00 to purchase. V/M Stein MOVED APPROVAL of the rental of a modular unit 24 x 40 for $780.00 per month for an 18-month lease, SECONDED by C/M Stelzer. VOTE: C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Aye V/M Stein Aye Mayor Hart Aye REPORTS 33. City Council Reports - V/M $t,ein - No report. C/W-Massaro - No report. C/M Stelzer - No report. C/M Gottesman - Absent. Mavol-"rt reported that the Sawgrass Expressway is on schedule and the opening is planned for 6/10/86. He said Norman Karr, the Parks Commissioner, is preparing a ceremony at the interchange on Commercial Blvd. and the County plan is that when the parade, which will start at both ends, reaches Commercial Blvd., and after Tamarac's ceremony, both groups will meet at Atlantic Blvd. and the ribbon will be cut. Mayor Hart said on Memor,ial,Day at 10:30 a.m. there will be a raising of the'flag ceremony at Veterans Park and he urged people to attend. He said on Sunday, 6/8/86 at 12:30 p.m., there will be a dedication of the new Recreation Building in Tamarac Park. He said.ther.e will also be a ball game between the Tamarac Chamber of Commerce and the Lauderhill team at the Park. 40 5/14/86 /pm 1 1 Mayor Hart said he received a letter from the Fort Lauderdale Executive Airport noting that they were having a meeting on the Noise Study and they requested that a representative from Tamarac attend for input. He said he requested a few people from the Boulevards section of the City attend because that area immedi- ately adjoins the airport. He said these people were authorized to represent the City with their input. Mayor Hart said he received a letter from the Executive Airport group thanking him for the input of his representatives and stating that an effort would be made by the Delta Associates, Inc. and the Executive Management at the airport to alleviate the excessive and unncessary loud noises. V M atein reported that the City has a letter that guarantees a minimum of $33,000.00 for beautification for the Sawgrass Express- way Tamarac exit. 34. City Managag Report -- Mr. Perretti noted that there will be a BSO Workshop meeting held on Friday, 5/23/86. He said there was a meeting last week with the BSO which was attended by him, Mr. Ruf, Chief McIntosh and the Finance Director. He said they will present to Council a first draft of recommended manpower and other particulars pertaining to the proposal. He said the BSO is aware of the City's time sche- dule and Council's expected absence during August and they are hopeful everything will be drafted by the end of June to have the hearings in July. 35. City Attorney Re -port - Mr. Ruf asked that if there are items such as the Procedures Ordinance which Council would like completed during his tenure as interim City Attorney, they be put on the agenda for the next meeting. Mayor Hart adjourned the meeting at 4:35 P Nv�da"Iall MAY ATTEST: CITY CLERK This public document was promulgated at a cost of $328.86 or $9.13 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY OF TAM RAC A'f'ROVED AT MEETING OF City Cl k 41 5/14/86 /pm