HomeMy WebLinkAbout1986-05-28 - City Commission Regular Meeting Minutes. rqM
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P.Q. BOX 25010
TAMARAC, FLORIDA 33320
RECORi7. OF C UNCIL DI'CU '1 `N, AND ACTIONS
FIRST CLASS MAIL_
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MAY 28, 1986
CALL T ORDE 9:00 A.M.
ANNOUNCEMENTOF TIME ALLOCATIONS - MQTIQNS_TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication,
PRESENTATIONE AND AWARDS
1. Empl_gyeg Service, Awards - Presentation by City Manager
Perretti of ten-year pins to Michael McGrane and Kenneth
Woodall of the Police Department and a five-year pin to
Sherri Romano of the Finance Department.
FINAL -ACTION:
City Manager Perrett' Presented tbe-pins.
2. Je]gish War Veterans Month - Presentation of a Proclamation
by Mayor Hart designating the month of June as Jewish War
Veterans Month.
FINAL ACTION:
Proclamation was presented to Bill Kling, Chairman of
Brow rd County -Veterans Council.
BOARDS AND C MMITTEE
3. Announcement of vacancies to:
a) Board of Adjustment:
1 regular member for a 3-year term
1 regular member for a 2-year term
2 alternate members for one-year terms each
b) Code Enforcement Boa d:
2 regular members for 1-year terms
3 regular members for 2-year terms
2 regular members for 3-year terms
IINALACTION: & b Announcement acanc'es Made,
CQNSENT AGENDA
4. Items listed under Item #4, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by ong
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.
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5/28/86
a) Approval of minutes as recommended by City Clerk:
1) 4/9/86 - Regular Meeting
2) 5/l/86 - Special Meeting
b) Alan F. Ruf - Consulting City Attorney - General
Services - $4,576.40 - 5/19/86 - Approval recommended
by City Manager.
c) Gunther and Whitaker, P.A. -- Special Counsel -
David Tupper vs. City of Tamarac - 4/25/86 - $503.94 -
Approval recommended by Consulting City Attorney.
d) ESM Litigation Expenses - Approval to pay the follow-
ing invoices:
1) English, McCaughan & O'Bryan - $ 380.88 - 4/28/86
2) English, McCaughan & O'Bryan - $ 1,315.05 - 5/8/86
3) Esquire Reporting Company - $ 2,068.95 - 5/7/86
4) Morgan, Lewis & Bockius - $92,850.54 - 4/26/86
e) Atlas Roofing Co. - Tamarac Satellite Building -
Walkway and Canopy Roofs - $1,050.00 (Final Payment) -
Approval recommended by Chief Building Official..
f) Publix Supermarkets (6820 N. University Drive) -
Approval to refund the amount of $1,548.00 because of
over --payment of water bill (tabled from 5/14/86)
g) Concord Village II - Acceptance of a utility easement
at the north property line of this development and
adjacent to NW 88 Avenue (Pine Island Road) - Temp.
Reso._#4152 RESOLUTION R-86-185: PASSED
h) Building Department - Rental of Modular Unit --
Approval that $7,200.00 from line item account 001--
872-581-901 of the budget named Contingency be trans-
ferred to line item account 001-227-524-440 named
Rentals and Leases. The balance in the account from
which the monies are transferred was $282,086.00 prior
to the transfer and $274,886.00 subsequent to the
transfer. The amount of money in the account to which
the monies are to be transferred was $2,949.00 prior
to the transfer and $10,149.00 subsequent to the
transfer.
i) Approval for the Police Chief to attend the following
seminars:
1) Southern Institute Alumni Retraining Conference in
Columbia, Maryland, July 29 -- August 1, 1986.
2) International Association of Chiefs of Police
Annual Conference in Nashville, Tennessee,
October 4 - 8, 1986.
j) Approval to remove the following items from the
agenda:
1) Hidden Hollow I (tabled from 11/13/85)
2) Greenview Apartments (tabled from 11/13/85)
k) Woodmont Tract 57, Lot 89 -- Release of a cash perform-
ance bond in the amount of $1,100.00 posted by 195
Builders for completion of sod and landscaping work -
Temp. Peso._ #4153
1) Pool Mart - Release of a cash performance bond in the
amount of $4,450.00 posted to guarantee beautif-
ication - so 4141 RESO.R-86-187: PASSED
m) Ashmont - Phase 2 - Calling of warranty Letter of
Credit #83271 in the amount of $4,260.91 that expires
6/4/86 posted to guarantee sanitary sewers - Tgmp.
Reso. #4142 RESOLUTION R-86-188: PASSED
n) Lake Colony (Brookwood Gardens) - Discussion and
possible action on:
1) Renewal of model sales facility permit for
Units 33 - 36
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
1
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5/28/86
o) Lakes of Carriage Hills - Discussion and possible
action on:
1)
Renewal of model sales facility permit
2)
Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
p) Woodmont Tract 48 - Discussion and possible action on:
1)
Renewal of model sales facility permit
2)
Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
q) Tract 24 -- Stipulation 422 - Rescinding motion of
June 14, 1985 which approved this document.
r) Tamarac Utilities Wes -
1)
Hazen and Sawyer, P.C. - Project 85--17 - Water
Treatment Plant - Approval of partial payment 41
for water softener, filters and tank in the amount
of $7,504.04.
2)
Hazen and Sawyer, P.C. - Project 85-19 - Sewage
Transfer Pumps, approval of Change Order No. 2
extending completion date of project to
June 61 1986.
3)
Hazen and Sawyer, P.C. - Project 85-19 - Sewage
Transfer Pumps, engineering services - Task Order
No. 9 - Approval of payment in the amount of
$1,226.70.
4)
Hazen and Sawyer, P.C. - Project 85-19 - Sewage
Transfer Pumps - Approval of partial payment 44 in
the amount of $6,446.48.
5)
Hazen and Sawyer, P.C. -- Project 86-2 - University
Drive Utility Relocation - Approval of partial
payment - Task Order No. 6 in the amount of
$1,881.92.
6)
Hazen and Sawyer, P.C. - Project 86-5 - Force Main
and Pump Station - Approval of payment No. 1 in
the amount of $3,911.04.
7)
J.M. Montgomery - Project 84-20A - Approval of
payment of $11,862.94 for services on the emer-
gency high service pump installation.
8)
E.G. Campbell - Project 85-7 - Approval of payment
3 in the amount of $17,770.42 for the Wellfield
Protection/Fuel Tanks Project.
9)
Utilities Services, Inc. - Project 84-19 - Con-
struction of Sewage Transfer Pumps - Approval of
payment No. 2 in the amount of $9,567.00.
10)
R.J. Sullivan - Project 84--20A - Installation of
high service pumps - Approval of payment
representing 54% of the contract in the amount of
$32,760.00.
FINAL ACTIO
APPROVED a), b), c), d), with exception of d)(3), e), f),
g), h), i), j), 1), m) and r).
d)(3) REMOVED and then APPROVED.
k) REMOVED and then TABLED for fees owed.
n) REMOVED and then TABLED for fees owed.
o) TABLED for fees owed. - RECONSIDERED and then APPROVED.
p) REMOVED and then TABLED for fees owed.
q) REMOVED and then TABLED at the request of the City
Attorney,
GENERAL ADMINISTRATIVE/FINANCIAL
City Ambulance Service - Discussion and possible action.
(tabled from 5/14/86.)
FINAL ACTION:
TABLED t infgrmation from n
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5/28/86
6. Touche Ross & Co, - Auditors - Discussion and possible
action concerning selection of this firm to perform an
audit for Fiscal Year 1985/86 (tabled from 5/14/86)
FINAL ACTI
TABLED for 6/11 meeting or for a possible special
meeting.
7. Summer Recreation Programs - Discussion and possible action
on a report by the Director of Parks and Recreation for a
revised fee schedule for participation in this program.
FINAL ACTION: RESOLUTION R-•86-189: PASSED
TEMP._RESOLUTION__4154 agendized by consent and approved.
$80.00 per child and $60.00 per additional child for fees
of residents.
$140.00 per child for fees of non-residents.
$80.00 per child for fees of non-resident relatives of
Tamaj,ag Residents,
8. Social_ Services_ Van - Discussion and possible action on a
request by Helen Sobel, Chairperson of the Social Services
Board, for financial assistance from the City to purchase
a new van.
FINAL ACTIO
TABLED for 6/11 meeting for City Managers__investigation,
9 Vaughp Ford Pro Mty -- Lot Clearing, Settlement -
Discussion and possible action on an offer to settle a
claim by the City for lot clearing work performed by the
Public Works Department at the southwest corner of Univer-
sity_Drive and NW 82 Street.
FINAh ACTION:
ACCEPTED $400.00 settlement on billfgr lot -clearing,
TAMARAC UTILITIES WEST
0. Delinquent Water_ and_Sewe_-Bill Payments - Discussion and
possible action.
FINAL • ACTION
TABLED to 6/11 meeting for further investigation-___
11. Water and Wastewater Rebate - Temp. Re_so.__#4151 --
Discussion and possible action to grant a 15% rebate to
utility customers west of State Road 7 (441) for the
months of June, July, August and September, 1986.
FINAL ACTION: RESOLUTION R-86-190: PASSED
APPROVED
LEGAL_
AFFAIRS
12. Public -Soliciting - Temp. Ord._#1182 - Discussion and
possible action to repeal Chapter 22 of the Code and
create a new Chapter 22 entitled "Public Selling, Hawking,
Soliciting, Peddling and Canvassing on Public Roadways and
Thoroughfares". Second Reading. (Public Hearing held
4/10/85).
FINAL_ ACTION:
REMOVED nd
13. Recreation Vehicle Parking - Temp. Ord. #1265 - Discussion
and possible action to amend Chapter 15 of the Code by
extending the period of time a recreation vehicle may be
parked in driveways for loading and unloading purposes.
First Reading.
FINAL ACTION •
APP •D on--firstreading,
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5/28/86
14. Council. Meet,ing_Timeg and F.requencv - Temp.
#1263 - Discussion and possible action to amend Code
Section 2--11 to provide for the time and frequency of
Council meetings. First Reading.
FINAL ACTION•
- APP reading,
..ROVED ,on first read�n
15. Discussionuncil s and possible action
- p procedures #4139
�s and Temp Reso*,,,,
action to adopt ocedures for the
conduct of Council meetings.
'w ACTION: RESOLUTION R-86-191: PASSED
APPROVED with amendments.
ADD voting procedures to be called by the Districts as
District 1, District 2, District 3, District 4 and Mayor.
Page 5, line 11 delete "the" and add "5:00 p.m."
RESOLUTION will become effective upon adoption of TEMP.
ORDINANCE #1263 on second reading.
16. Burglar Alarm Violations -- Discussion and possible action
on a report of the City Attorney's office to write off
violations more than two (2.) years old.
FINAL ,ACTION:
APPROVED as recommended by the City Attorney.
City Manager was advised to set up a procedure to prevent
tbl—s--from recurring.
17. CityManageg Appointment - Temp, Reso,,#4140 _ Discussion
and possible action to appoint John P. Kelly as City
Manager pursuant to the terms and conditions of this
contract.
EINAL-ACTION: RESOLUTION R-86-192: PASSED
APPROVED
13-LI-C HEARINGS 2:00 _ P.M . . . . . . . . . . . . . . . . . .
-
18. s tems Flo 4�? 4.0 Cb ���Ysof ida :.,-----:, �_._.._. - T m
� .PsOrd, _ # 12 5 8 -
Discussion and possible action to amend the rates charged
by this company for cable television service. Second
Reading.
YINAL N: ORDINANCE 0-86--27: PASSED
APPROVED on second reading.
B_f_f_ectivg as of July 1 198
19. Michael L. Do - SRecial Exception P it'on - -8 -
Wmp. Reso. #4150 - Discussion and possible action on a
request for special exception to permit a drapery cleaning
establishment at 5501 NW 22 Avenue, which is zoned M-1
(Light Industrial).
F RESOLUTION R-86-186: PASSED
APPROVED subject to approval of the Broward County
Environmental ual't Control oa d
NzM Y D EL PM NT
-e ort_Phasg 4 - Discussion and possible action on a
Water and Sewer Developers Agreement.
FINAL ACTION:
APPROVED
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5/28/86
21. Tamarac _Square Wgs_t - Revised SitC J!lan - Temp
Reso. #4148 -- Discussion and possible action on a revised
site plan reflecting elimination of an outparcel and
additional parking.
FINAL ACTION:
TABLED to 6/11 meeting or possible special meeting.
C/M Stelzer asked that the City Attorney submit a
letter to Council regarding list of the objections from
staff.
2. Versailles Gardens - Discussion and possible action
regarding course of action with respect to renewal of the
sign waiver for placement of a sign on property other than
their own.
FINAL ACTION:
EM VED from end n was removed from o e t
23. Harry A. Halpern - Resident of the woodlands Discussion
and possible action to:
a) Approve a Water and Sewer Agreement
b) Approve a Drainage Easement - Temp. Reso #4149
FINAL ACTION:
TABLED s1t geQuest--otn neerin
24. Cinnamon Tree Professional Plaza - Discussion and possible
actioh regarding an Assignment of a Water and Sewer
Agreement.
FINAL ACTION:
TABLED.
25. Bedding _Barn - Discussion and possible action on:
a) Site Plan -- Temp. Reso. #4143
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Public Ingress/Egress Easement - Temp-eso,. #4.144
f) Public Safety Ingress/Egress Easement - Temp, Reso,
4145
g) Utility Easement - Temp. Reso #4I46
h) Flo-Thru Easement - Temp. Reso. #4147
(to be located on the northwest corner of Commercial
Boulevard and NW 82 Avenue)
FINAL ACTION:
TABLED.
26. Bruce Egan_Propertg - Discussion and possible action to
waive payment of traffic impact fees until consideration
of the site plan on property located at the southeast
corner of University Drive and NW 64 Street.
FINAL ACTION:
TABLED -to 6Zll Meeting,
REPORTS
27. City Council
C/W Massaro spoke of. latest information concerning ESM.
V/M Stein reported that Judge Weissing denied Cardinal
Industries request for a rehearing. _
28. City Manager - No Report.
29. City Attorney - No Report.
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5/28/86
AAGENDIZED BY CONSENT
30. Code Enforcement Board - TEMP. ORD. 1266 - Discussion and
possible action. First reading.
FINAL ACTION:
APPROVED with amendments on first reading.
Page 1, Line 18, add "March", delete "April".
Page 8, Line 16, add "ed" to grant.
Changes suggested to the City Attorney;
- Page 8, Lines 16, 17, 18, 19 and 20, "The findings shall
be by motion approved by (a majority of those members
present and voting, except that) at least four members
of the Board (must vote in order for the action to be
official.)", delete between ().
- Check Resolution for "Chairperson" and "Chairman" and
decide which will be appropriate to use.
-- Page 2, add "STATE" - State of Florida. to definitions.
31. Authorizing certain Council Members and Staff to attend
Bond Closing in New York the second week of June.
FINAL _ A_C.T I ON :
APPROVING authorization for the Finance Director, City
Manager and 2 Members of the Council designated by the
Mavog to attend.
32. Prohibiting Disruption of Traffic. - TEMP. ORD. 1267
Discussion and possible action.
FINAL ACTION•
APPROVED on first reading,
33. A Resolution objecting to the Sawgrass Expressway erecting
a motel on the land Tamarac dedicated to them for a Right
Uof -way.
INAL AC ION:
TABLED to 6/11 meeting for a report from the City Planner
after the meeting with the Countv on 5/29/86.
The City Council may consider and act upon such other business
as may come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon
which the appeal is based.
Marilyn Bertholf, CMC
City Clerk
SPECIAL COUNCIL -MEETING AND PUBLIC HEARING
Wednesday, June 4, 1986 - 10:00 A.M. - Budget Amendments
West Conference Room
PAGE 7
5/28/86
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
May 28, 1986
(as amended on 9/3/86)
Tape 1 CALL TQ QRDER: Mayor Hart called the meeting to order on Wed-
nesday, May 28, 1986, at 9:00 A.M. in the Council Chambers.
ROLL CALL: PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney Stein
Councilwoman Helen Massaro
Councilman Jack Stelzer
Councilman Arthur H. Gottesman
ALSO PRESENT: Larry Perretti, City Manager
Richard Rednor, Assistant
Consulting City Attorney
Alan Ruf, Consulting City Attorney
Carol Barbuto, Assistant City Clerk
Pauline Walaszek, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for a
Moment of Silent Meditation followed by the Pledge of
Allegiance.
BOARDS AND COMMITTEES
3. Announcement of appointMent_to:
a) aoard of Adjustment:
1 regular member for a 3-year term
1 regular member for a 2-year term
2 alternate members for one-year terms each
b) Code Enforcement Board:
7 regular members
ILNOP IS OF ACTIO : CHANGED
appointment" to "vacancies"
(See Pages 4 & 5).
C/M Stelzer suggested that "appointment" be changed to
"vacancies".
4. Consent Agenda -
d) ESM Litigation Expenses - Approval to pay the following
invoices:
3) Esquire Reporting Company - $ 2,068.95 - 5/7/86
SYNOPSIS _OF _ACTION: REMOVED
for discussion.
(See Pages 2 thru 7 & 18).
C/M Stelzer MOVED to REMOVE this item for further discussion.
SECONDED by C/W Massaro.
VOTE:
I
ALL VOTED AYE
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5/28/86
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4. Consent Agenda -
p) Woodmont Tract 48 - Discussion and possible action on:
1) Renewal of model sales facility permit
2) Waiver of the 300-foot distance requirements for
issuance of certificates of occupancy.
SYNOPSIS OF ACTION: TABLED
for further investigation on
a past due bill.
(See Pages 1, 3 thru 7 & 18).
C/M Stelzer MOVED to TABLE this item for further
investigation on past due money.
SECONDED by C/W Massaro.
VOTE: All VOTED AYE
COMMUNITY DEVELOPMENT
23. Harry A. Halpern - Rgsidgnt-of the_Woodlands - Discus-
sion and possible action to:
a) Approve a Water and Sewer Agreement
b) Approve a Drainage Easement - TEMP. RESO. #4149
SYNOPSIS OF ACTION: TABLED
at Mr. Halpern's request.
C/M Stelzer informed Council that Mr. Halpern asked Council
to TABLE this item and he so MOVED, SECONDED by C/W Massaro.
VOTE:
AID. L _YQTED AYE
24. CinnaMgn Tree Professional Plaza - Discussion and
possible action regarding an Assignment of a Water and
Sewer Agreement.
SYNOPSIS _OFACTION: TABLED
until Assignment is given.
C/M Stelzer made a MOTION to TABLE because there is no
Assignment from Cinnamon Tree. SECONDED by C/W Massaro.
VOTE•
ALL -VOTED AYE
25. Bedding Barn - Discussion and possible action on:
a) Site Plan -- T m so 4143
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Public Ingress/Egress Easement - Temp._Reso.
#4144
f) Public Safety Ingress/Egress Easement - Temp.
Reso. #4145
g) Utility Easement - TgMp. Reso,4146
h) Flo-Thru Easement - Temp. Reso. #4147
(to be located on the northwest corner of Commercial
Boulevard and NW 82 Avenue)
SYNOPSIS OF ACTION: TABLED
at request of Staff.
C/M Stelzer MOVED to TABLE this item at the request of Staff.
SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
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26. Bruce PrgpeLty — Discussion and possible action to
waive payment of traffic impact fees until consideration
of the site plan on property located at the southeast
corner of University Drive and NW 64 Street.
SYNOPSIS OF_ACTION: TABLED
for 6/11/86 Council Meeting.
C/M Stelzer MOVED to TABLE this item for the 6/11/86 Council
Meeting for site plan preparation. SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
COMENT A ENDA
4. Consent Agenda -
k) Woodmont Tract 57, Lot 89 - Release of a cash
performance bond in the amount of $1,000.00 posted by 195
Builders for completion of sod and landscaping work -
Temp. Reso. #4153.
SYNOPSISS OF ACTION: TABLED
regarding back charges.
(See Pages 1, 2, 4 thru 7 & 18).
C/M Stelzer MOVED to TABLE this item because of back charges.
SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
4. Consent Agenda -
n) Lake Colony (Brookwood Gardens) —Discussion and
possible action on:
1) Renewal of model sales facility permit for Units
33 - 36
2) Waiver of the 300--foot distance requirements for
issuance of certificates of occupancy.
SYNOPSIS OF ACTION: TABLED
at the request of Staff.
(See Pages 1, 2, 4 thru 7 & 18).
C/M Stelzer MOVED to TABLE this item at the request of Staff.
SECONDED by C/W Massaro.
VOTE ALL VOTED AYE
4. CQnsent Agenda -
o) Lakes of Carriage Hills - Discussion and possible action
on:
1) Renewal of model sales facility permit
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
SYNQPala QF ACTION: TABLED
at the request of Staff.
See Pages 1, 2, 4 thru 7 & 18).
C/M Stelzer MOVED to TABLE this item at the request of Staff.
SECONDED by C/M Gottesman.
VOTE ALL VOTED AYE
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5/28/86
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BOARDS AND COMMITTEES
3. Announcement of vacancies to:
a) Board of Adjustment:
1 regular member for a 3-year term
1 regular member for a 2-year term
2 alternate members for one-year terms each
b) Code EnforceMent o4rd:
7 regular members
SYNOPSIS OF ACTION:
a) & b) Announcement of
vacancies made. b) was
amended.
(See Page I).
V/M Stein MOVED to CHANGE b) to read "2 regular members for
1-year terms, 3 regular members for 2--year terms, 2 regular
members for 3-year terms". SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
30. Code Enforcement Board - Temp. rd. #1266 - Discussion
and possible action. First reading.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 26 & 27).
V/M Stein MOVED to Agendize this item by consent.
SECONDED by C/M Stelzer.
VQTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
31. Authorizing certain Council Members and Staff -to
attend Bond Closi g in New York the second week of
June - Discussion and possible action.
5YNOPSIa OF ACTION: Agendized
by consent (See Page 27).
V/M Stein MOVED to Agendize this item by Consent.
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
CONSENT AGENDA
4. Consent Agenda -
q) Tract 24 - Stipulation #22 -- Rescinding motion of
June 14, 1985 which approved this document.
SYNOPSI OF ACTION_: TABLED
at the Consulting City Attorney's
request.
(See Pages 1 thru 3, 5 thru 7 & 18).
V/M Stein MOVED to TABLE this item at the request of the
Consulting City Attorney. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
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5/28/86
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PRESENTATION AND AWARDS
1. Emplovge Service Awards - Presentation by City Manager
Perretti of ten-year pins to Michael McGrane and Kenneth
Woodall of the Police Department and a five-year pin to
Sherri Romano of the Finance Department.
SYNOPSIS OF ACTION:
Pins were presented.
City Manager, Larry Perretti, presented ten-year pins to
Michael McGrane and Kenneth Woodall of the Police Department
and a five-year pin to Sherri Romano of the Finance
Department.
2. ,newish War Veterans Month - Presentation of a Proclama-
tion by Mayor Hart designating the month of June as
"Jewish War Veterans Month".
SYNOPSIS QF ACTION:
Proclamation was presented.
Mayor Hart presented this Proclamation to Bill Kling,
Chairman of the Broward County Veterans Council
BOARDS AND COMMITTEES
3. Announcement of vacancies to:
a) Board of Adjustment:
1 regular member for a 3-year term
1 regular member for a 2-year term
2 alternate members for one-year term
b) Code Enforcement Board:
2 regular members for 1-year terms
3 regular members for 2-year terms
2 regular members for 3-year terms
- OP IS F ACTION: (See Page 1).
yor Hart made the
announcement of 3 a) and b ) ._
b) Mayor Hart made the announcements on the above mentioned
Board and urged interested parties to contact the City
Clerk's office for an application.
CONSENT AGENDA
4. Consent Agenda -
a) Approval of minutes as recommended by City Clerk:
1) 4/9/86 -- Regular Meeting
2) 5/l/86 - Special Meeting
b) Alan F. Ruf -- Consulting City Attorney -- General
Services - $4,576.40 - 5/19/86 - Approval recommended
by City Manager.
c) Gunther and Whitaker, P.A. - Special Counsel -
David Tupper vs. City of Tamarac - 4/25/86 -- $503.94 -
Approval recommended by Consulting City
Attorney.
d) ESM Litigation Expenses - Approval to pay the follow-
ing invoices:
1) English, McCaughan & O'Bryan - $ 380.88 - 4/28/86
2) English, McCaughan & O'Bryan - $ 1,315.05 - 5/8/86
3) Esquire Reporting Company - $ 2,068.95 - 5/7/86
4) Morgan, Lewis & Bockius - $92,850.54 - 4/26/86
e) Atlas Roofing Co. - Tamarac Satellite Building -
Walkway and Canopy Roofs - $1,050.00 (Final Payment) --
Approval recommended by Chief Building Official.
**_EDITOR'S NOTE:
AMENDED 9/3/86
5
5/28/86
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f) Publix Supermarkets (6820 N. University Drive) -
Approval to refund the amount of $1,548.00 because of
over payment of water bill (tabled from 5/14/86)
g) Concord Village II - Acceptance of a utility easement
at the north property line of this development and
adjacent to NW 88 Avenue (Pine Island Road) -
Temp.Reso,. #4152
RESOLUTION R-86-185 PASSED
h) Building Department - Rental of Modular Unit -
Approval that $7,200.00 from line item account 001-872
581-901 of the budget named Contingency be trans-
ferred to line item account 001-227-524 440 named
Rentals and Leases. The balance in the account from
which the monies are transferred was $282,086.00 prior
to the transfer and $274,886.00 subsequent to the
transfer. The amount of money in the account to which
the monies are to be transferred was $2,949.00 prior
to the transfer and $10,149.00 subsequent to the
transfer.
i) Approval for the Police Chief to attend the following
seminars:
1) Southern Institute Alumni Retraining Conference in
Columbia, Maryland, July 29 - August 1, 1986.
2) International Association of Chiefs of Police
Annual Conference in Nashville, Tennessee,
October 4 - 8, 1986.
j) Approval to remove the following items from the
agenda:
1) Hidden Hollow I (tabled from 11/13/85)
2) Greenview Apartments (tabled from 11/13/85)
k) Woodmont Tract 57, Lot 89 - Release of a cash perform
ance bond in the amount of $1,100.00 posted by 195
Builders for completion of sod and landscaping work -
Temp. Reso. #4153.
1) Pool Mart - Release of a cash performance bond in the
amount of $4,450.00 posted to guarantee beautification
- T..QmP-._Reso. #4141
RESOLUTION NO. R-86-187 PASSED.
m) Ashmont - Phase 2 - Calling of warranty Letter of
Credit #83271 in the amount of $4,260.91 that expires
6/4/86 posted to guarantee sanitary sewers -
TeMp.ggso, g4142
RESOLUTION NO. R-86-188 PASSED
n) Lake Colony (Brookwood Gardens) - Discussion and
possible action on:
1) Renewal of model sales facility permit for
Units 33 - 36
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
o) Lakes of Carriage Hills - Discussion and possible
action on:
1) Renewal of model sales facility permit
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
p) Woodmont Tract 48 - Discussion and possible action on:
1) Renewal of model sales facility permit
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
q) Tract 24 - Stipulation #22 - Rescinding motion of
June 14, 1985 which approved this document.
r) Tamar4c Utilities West -
1) Hazen and Sawyer, P.C. - Project 85-17 - Water
Treatment Plant - Approval of partial payment #1
for water softener, filters and tank in the amount
of $7,504.04.
I
6 /
5/28/86 �J
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2) Hazen and Sawyer, P.C. - Project 85-19 - Sewage
Transfer Pumps, approval of Change Order No. 2
extending completion date of project to
June 6, 1986.
3) Hazen and Sawyer, P.C. -- Project 85-19 -- Sewage
Transfer Pumps, engineering services - Task Order
No. 9 - Approval of payment in the amount of
$1,226.70.
4) Hazen and Sawyer, P.C. - Project 85-19 - Sewage
Transfer Pumps - Approval of partial payment #4 in
the amount of $6,446.48.
5) Hazen and Sawyer, P.C. - Project 86-2 - University
Drive Utility Relocation - Approval of partial
payment - Task Order No. 6 in the amount of
$1,881.92.
6) Hazen and Sawyer, P.C. - Project 86-5 - Force Main
and Pump Station - Approval of payment No. 1 in the
amount of $3,911.04.
7) J.M. Montgomery - Project 84-20A - Approval of
payment of $11,862.94 for services on the emergency
high service pump installation.
8) E.G. Campbell -- Project 85-7 -- Approval of payment
3 in the amount of $17,770.42 for the Wellfield
Protection/Fuel Tanks Project.
9) Utilities Services, Inc. - Project 84-19 - Con
struction of Sewage Transfer Pumps - Approval of
payment No. 2 in the amount of $9,567.00.
10) R.J. Sullivan - Project 84-20A - Installation of
high service pumps - Approval of payment represent
ing 54% of the contract in the amount
of $32,760.00.
SYNOPSIS OF ACTION: (See Pages 1 thru 6 & 18).
APPROVED a), b),
c), d), with the exception of d) (3),
e), f), g), h), i), j), 1), m) and r).
V/M Stein MOVED to APPROVE items a), b), c), d), with the
exception of d) 3), e) thru j) and 1), m) and r).
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
d) 3) C/M Stelzer requested this item be discussed separately
because the bill is for for transcript of evidence from
Kenneth Miller and Richard Spouse. He asked Council if there
was any reason why the City has to pay the whole amount.
Attorney Rednor explained that he did not have an opportunity
to review the bill.
C/M Stelzer MOVED to TABLE the bill for further information.
SECONDED by C/W Massaro.
V/M Stein explained that the City Attorney asked for a
complete transcript of the testimony and that was the reason
for the bill.
C/M Stelzer REMOVED his MOTION to TABLE.
C/W Massaro REMOVED her SECOND.
C/M Stelzer MOVED to approve the bill, SECONDED by
C/W Massaro.
VOTE: ALL VOTED AYE
7 5/28/86
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GENERAL MINISTRATIVE/FINANCIAL
7. Summer Recreation Program - Discussion and possible
action on a report by the Director of Parks and Recre-
ation for a revised fee schedule for participation in
this program.
SYNOPSIS OF ACTION: APPROVED
with amendments. (See Pages 27 & 28 for further action).
Mimi Mannion, Recreation Director, reported on a self-
supporting program which fees would consist of $105.00 for
residents, $140.00 for non-residents and a 10% discount for
an additional child, which would be $95.00. She informed
Council that those fees would cover Staff, Arts and Craft
supplies, games and field trips.
V/M Stein asked Ms. Mannion for the original recommended
amount and she replied, $80.00 for residents, $95.00 for non-
residents and $60.00 for an additional child.
Mr. Perretti asked Council to keep in mind that the rates
that were given were recommended. He said that in September,
1985, Council approved $13,160.00 for Summer Personnel Salary
and that Ms. Mannion is asking to use the Summer Personnel
Salary plus $80.00, $95.00 and $60.00.
V/M Stein asked Council if they will follow the 1985 budget
for the $13,160.00, which was allocated or revoke the Summer
Personnel Salary because he does not feel that the money
should stay there if not being used.
Mr. Perretti asked Council to consider the amounts of
$105.00, $140.00 and $90.00 does not include the field trips.
He said he feels, along with the Recreation Department, that
the particular figures for Tamarac are very prohibitive and
there will be many participants who will not attend because
the cost is at the range of a Summer Camp.
V/M Stein said he believes the Tamarac children deserve the
Summer program with help from the non-residents.
He said he opposes raising the cost to the residents and
asked Ms. Mannion if the City needs the non-residents and, if
so, he would like to use the new fee for the non-residents.
Ms. Mannion said according to last year's s statistics, 38%
of the participants where non-residents which supplemented
the income. She stated the increased fee was based on
inclusion of the field trips.
Mr. Perretti said V/M Stein is recommending that the non-
residents cost be $140.00 instead of the proposed cost of
$95.00. Mr. Perretti asked Ms. Mannion if the recommended
amount of $140.00 would be enough or would the compliment of
the non-residents be needed to support the program.
Ms. Mannion replied that the figures were based on 200
children at resident rates.
V/M Stein asked Ms. Mannion if Council passed the resident's
cost at $85.00 and the non-resident's cost at $140.00,
would the program be hurt. Ms. Mannion replied that based on
the number of children enrolled, it will not hurt the
program.
V/M Stein MOVED to charge the residents the cost of $80.00,
each additional child $60.00 and the non-residents $140.00.
SECONDED by C/W Massaro.
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5/28/86
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C/W Massaro said that the tax
subsidizing the non-residents.
arrangement is sufficient.
payers should not be
She said she feels the above
C/M Gottesman asked Ms. Mannion when the program was starting
and ending and Ms. Mannion replied that the program begins
6/23/86 and ends 8/8/86 with hours from 8:30 a.m. to 3:30
p.m. every day.
VOTE: ALL VOTED AYE
8. Social Services Van - Disussion and possible action on a
request by Helen Sobel, Chairperson of the Social
Services Board, for financial assistance from the City
to purchase a new van.
SYNOPSIS OF ACTION: TABLED
for 6/11 Council meeting for
investigation by City Manager.
Helen Sobel, Chairperson of Social Services Board, explained
that the "804" Van which fits 14 passengers and the driver,
breaks down constantly leading to high repair bills. She
said Public Works has also said that the van is in bad
condition and the Purchasing Department has given the Board
an estimated cost to purchase a van through the State, which
she feels is the most reasonable cost of purchase. She
requested Council approve the cost needed for a new van for
the 86/87 Budget.
C/M Stelzer explained that a cost for the van is in the
City's five-year program and the,question is to bring the
expense to this year instead of waiting. He asked Mrs.
Sobel about the proposed costs and if there has been a
decision on the type of power lifts needed.
Tape Mrs. Sobel replied that the decision has been for the cheaper
2 lift. She explained that the lift is not used for wheelchair
purposes. V/M Stein said the monies for the van are not in
the budget and the money will have to be given for the van.
Mr. Perretti said the money is in the plan for the 86/87
budget which has not been prepared for approval as yet.
V/M Stein asked if the money for the van was needed before
the budget and Mrs. Sobel said she spoke with the Public
Works Director, who feels the van is very much needed;
however, he felt the repairs on the old van can be managed
until approval of the budget. She said she feels by going
with the State purchase, there will be an additional wait of
4 to 5 months for the van and if there could be an order in
for the van by the time the budget is approved, receiving
time for the van will be immediately after approval.
C/W Massaro requested the purchase of the van be reviewed
further and V/M Stein agreed.
V/M Stein asked Mrs. Sobel if there was a possibility of a
subsidy from the County and Mrs. Sobel said she contacted the
County and there was nothing available.
Mr. Perretti agreed and said there has been a request from
some social organizations for donations or a leased van in
the City's name.for the City.
9
5/28/86
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V/M Stein said if the Council approved purchase of the van
today, the City will reserve the van and Mrs. Sobel said that
Parks and Recreation are sponsoring a run on the July 4th
weekend which other Cities are joining in and whatever
monies are collected are going to be donated to the van. She
said wherever possible, monies will be supplemented.
V/M Stein suggested an appeal be sent to the Chamber of
Commerce and Mrs. Sobel said she has done that and, at this
particular time, the Chamber of Commerce cannot help.
Mayor Hart asked Mrs. Sobel if the air conditioning works on
the old van and she said it does until you step on the gas.
Mayor Hart said with the handicapped people on that bus and
going into the summer months, it is important to have the air
conditioning working.
V/M Stein MOVED to authorize the City Manager to investigate
the necessary steps to purchase a van as requested by the
Social Services Board so it can be on the budget for the
coming year and to take necessary steps to expedite the
purchase.
C/W Massaro said she would request the City Ahager to invest-
igate a grant or subsidy for the van. Mayor Hart said he has
contacted the Congressman in Washington concerning the van;
however, there has been nothing decided on the request. He
said he feels there will not be anything done by anyone
except the City.
Mr. Perretti said this is the time of the year where the make
and the model of the van is being changed. He stated that
from experience in reviewing new cars for the Police
Department, January would be the date that the van could be
purchased.
Mrs. Sobel asked that if something should happen to the old
van before the approval of the budget, would she need
Council's approval to rent a van and V/M Stein said she
would.
Mayor Hart asked C/M Stelzer if there was some way before the
next budget that the van could be ordered and C/M Stelzer
MOVED to TABLE the item to the 6/11 Council meeting with the
information accumulated by the City Manager. SECONDED by
C/M Gottesman.
Vicki Beech said the County goes on a voucher method of
transportation and she asked if this would be feasible for
the City.
VOTE: ALL VOTED AYE
COMMUNITY DE EL PMENT
20. Belfort Phage_4 - Discussion and possible action on a
Water and Sewer Developers Agreement.
SYNOPSIS OF ACTIO�j:
APPROVED
Mr. Ruf said the Agreement has been approved by the City
Engineer, City Attorney and the City Clerk.
C/M Stelzer MOVED APPROVAL of the Agreement.
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10 5/28/86
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C/W Massaro asked if this was the last phase of the project
and Mr. Ruf said yes.
V/M Stein SECONDED the MOTION.
VOTE:
21. Tamarac Sggarg- Revised Site Plan - Temp,, Reso..
#4148 - Discussion and possible action on a revised site
plan reflecting elimination of an outparcel and
additional parking.
SYNOPSIS--OF-ACTION: TABLED
to 6/11 Council meeting or special meeting.
C/M Stelzer requested the City
Attorney submit a letter to Council
regarding a list of objections from
Staff.
Mr. Ruf read temp Reso.�#4148 by title.
V/M Stein -MOVED APPROVAL of Tema. Reso. #4148, SECONDED by
C/M Stelzer.
(of the Development Review Status Sheet)
C/M Stelzer referred to Page 4, which:had 6 conditions with
a letter dated 5/21/86 and 4 conditions. He questioned how
Council can approve this Resolution with all the conditions.
Thelma Brown.,_City.Planner, said the additional 90 degree
cross parking easement will be amended to encompass revision
#1. She said under an agreement filed by the property owner
and approved by the City,.90 degree parking was accepted.
She said Staff's opinion was that although it was accepted in
the.agre.ement, it had to be re -addressed to give the exact
numbers of those parking spaces at 90 degree.
Ms. Brown said on Revision #2, #5 was eliminated and a double
row of 90 degree parking was added. She said 90 degree
parking needs to be re -addressed in the parking easement.
She said.on Revision #3,.the canal slope does not comply with
the Code requirement and is not in conformance with the
previously submitted canal design.. She said the wall will be
within 16 feet of the shore -line due to an error in the cal-
culation from the surveyor.according to the developer and,
because of that, they are bringing it to Council to ask for a
reduction in the shore line area.
Ms. Brown said that the Fire Department commented that
Building #4 and portions of the end line buildings, do not
comply with the City's fire lane Ordinance. She said the
building where they needed the 3 means of access and the
light poles on the plans do not appear to be closer than 7
feet from the fire hydrants. She said the City Attorney was
to determine whether the hardware stores were allowable under
Judge Weissing's Court Order.
Mr. Ruf said his -observation was that the development had to
be in compliance with Broward County's C-1 zoning designa-
tion as it existed in 1972 and does not have to be in
compliance with 72-6.
C/M Stelzer said that he does not see any reason why the City
Planner needs to be explaining the conditions. He suggested
the City Attorney and the Chairman of the Planning Commission
bring the site plan in completed with Staff approval.
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5/28/86
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V/M stein reminded Council that this plan was under a Court Order
and the staff cannot do anything, Council has to do it. He said it
is being brought to Council with staff comments and it is up to
Council to accept or reject it.
C/W Massaro said that there is more than a Court Order involved.
Emil Beutner, Planning Comm. Chairman, said he has the Court Order
in front of him signed .4/26/76 which states that this applies only
to Sections 4, 5 and 6. He read, "Ordinance 72-6 was the zoning
Ordinance." He said this Court Order refers to this. He said the
Court Order also reads on Page 39, "Uses Prohibited: Drive -In
Theaters, Drive -In Restaurants, Drive -In Refreshment Stands are
prohibited." He said it also states, "Bulk sales, storage or the
display of lumber or building materials is prohibited."
Mr. Beutner said he researched this and he feels Council should
table this item for further research. V/M Stein said he was
informed by staff and the City Attorney that because of the Court
Order this did not have to go to the Planning Commission. He said
the City Ordinance also states, "...the sale or storage of lumber
in this space is prohibited."
C/W Massaro said she met with Glenn Smith, Attorney for McNab
Associates, yesterday and she told him she felt the plan does not
meet the requirements. She said she is concerned about the mistake
made on the first plan regarding the slopes of the canal. She said
Council must concern themselves with the residents across that
canal and this must be corrected and the developer realizes this.
C/W Massaro said she told Mr. Smith that she would complain about
the fence they are planning there and the fact that Scotty's is
planned for that area. She said the City has problems with
Lindsley which is a store that is typical of Scotty's. She
suggested Council consider this carefully.
Glenn Smith said there are two Court Orders applying to this
property and the Order Mr. Beutner referred to is not the Order
applicable to this property. He said the site plan came through a
few months ago for approval and there was a Stipulation or Agree-
ment entered into between Council and the developer pertaining to
this property. He said attached to that Agreement are copies of
the Court Orders as signed by Judge Weissing in June, 1983,
applicable to this property.
Mr. Smith said those Order provide that the County's C-1 zoning, as
it stood in 1972, applies on this property. He said that Agreement
acknowledges that C-1 zoning would apply to this property. He said
they also agreed at that time to make certain modifications to the
C-1 zoning as it applies to this property. He said Scotty's would
be a permitted use under C-1 zoning.
Mr. Smith said when the first site plan was submitted, they had all
90 degree parking because that is what the Code for C-1 zoning
allowed. He said the City requested that angle parking be used for
the main part of the Center and, when they entered into a lease
with Scotty's they requested some changes in the buildings from the
original site plan.
Mr. Smith said nothing has changed from what was previously negoti-
ated before in terms of the warehouse or storage area. He said
another problem was that, based upon a survey furnished by their
surveyors, they found that an error was made and they did not have
as much land to work with as they thought. He said; therefore,
instead of a 20 foot area they now only have 16 feet at the small-
est junction. He said they were dealing with the waters edge and
not the property line.
EDITOR'S NOTE:
ADDED 9/3/86
11 A
5/28/86
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i
1
Mr. Smith said the suggestion has been that they eliminate some of
the parking and move the wall back so that there will still be 20
feet as requested. He said they will eliminate the parking spaces
as head -in parking, replace them with parallel parking and, even
though they have 11 spaces extra, they will lose 14.
C/W Massaro said Mr. Smith's comments are factual and she was also
concerned with the people that go there do not go into the canal.
She said Beautification Plans in now can not be complied with but
there are things that can be done. She said the developer has
asked that if this is Tabled, it be acted on as quickly as pos-
sible.
C/W Massaro suggested that this item be Tabled to a Special Council
meeting, if necessary. C/M Stelzer MOVED to TABLE this item to the
6/11/86 Council meeting with a letter from the City Attorney
stating that the City must comply with the Court Orders, SECONDED
by C/M Gottesman.
Mayor Hart asked the Consulting City Attorney if this Motion to
Table is legal and Mr. Ruf said it is legal. He said he litigated
the Tract 44 litigation and is familiar with the Stipulation signed
at the original site plan. He said rather than Tabling this to the
next Council meeting where the new City Attorney will be present,
he asked if it could possibly be Tabled to a Special Council
meeting so that he could be available.
C/M Stelzer AMENDED the MOTION TABLING this item to a Special
Council Meeting, if necessary. Mayor Hart said the MOTION is to
TABLE this item to the 6/11/86 Council meeting or a sooner if
everything is ready for Council. C/M Gottesman SECONDED the
AMENDED MOTION.
VOTE; ALL VOTED AYE
EDITOR'S NOTE:
ADDED / /86
11 B 5/28/86
/pm
1
22. Versaillss_gardens - Discussion and possible action regarding
course of action with respect to renewal of the sign waiver for
placement of a sign on property other than their own.
SYNOPSISF ION: REMOVED
from agenda, the sign was removed
from the property.
C/M Stelzer said Council received a letter from the Attorney
representing Versailles Gardens which stated that the sign was taken
down.
Bob Jahn, Chief Building Official, said that he did not officially go
to see the sign taken down but, since the letter is from an Attorney,
he is assuming that the sign is down.
C/W Massaro asked if there a document from the owner giving permission
to take the sign down.
V/M Stein asked how the City can authorize a sign on the property of
someone else. He said that if there has not been authorization from
the owner than that is considered trespassing.
Tape Mr. Ruf read a letter from Attorney James Palmero, dated 5/23/86,
3 to the City Clerk's office and he noted that the first and fourth
paragraphs of the letter stated that the owners no longer wish to have
a sign.
C/M Stelzer MOVED to REMOVE this item from the agenda since there is
no reason for a sign waiver.
C/W Massaro asked Bob Jahn if there was a letter sent requesting the
removal of the sign and Mr. Jahn replied that all the correspondence
came from the City Clerk's office because the application has been for
a renewal. The correspondence was that permission must be furnished
by the property owner before the waiver could be considered.
Mayor Hart questioned why, since the City Attorney has told Council
that there was no request for renewal, is Council insisting on
putting the sign back.
** C/M Stelzer repeated his MOTION, SECONDED by V/M Stein.
WOWT
ALL VOTED AYE
GENERAL ADMIN STRATI E FI A CIAL
6- - Auditors - Discussion and possible action
concerning selection of this firm to perform an audit for Fiscal
Year 1985/86 (tabled from 5/14/86)
SYNOPSIS F A ION• TABLED
to the 6/11/86 Council meeting
or a possible Special meeting.
V/M Stein MOVED to continue with Touche Ross & Co. as auditors for
FY 85/86. SECONDED by C/M Stelzer.
EDITOR'S NOTE:
** AMENDED 9/-37R6
+p
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5/28/86
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—7
C/M Stelzer said Stan. Brooks, Auditor, had discussed in the last
meeting, the fee for last year, at which time, C/M Stelzer objected
and, later that afternoon he had a meeting with Mr. Brooks in his
office. He said Mr. Brooks stated they would give the City a
$19,000.00 fee for this year which would include an in-depth audit of
all the departments.
C/M Stelzer said he has been trying to reach Mr. Brooks by phone to
determine why there has not been a bill and he was informed that
Mr. Brooks was in Court and could not be reached.
C/M Gottesman said that two years ago, when Council selected
Accountants to do the audit, it was suggested that the Council not
retain any auditing firm for more than two years. He questioned the
continuation of the services.of the same Auditor for too long.
C/M Stelzer read the Letter of Intent dated 5/22/840 which stated the
the Auditors will be kept for three years.
C/W Massaro asked why a bill was not submitted a long time ago for the
special reports prepared for the previous Mayor. C/M Stelzer asked
C/W Massaro if she knew of the audit on the investments requested by
the previous Mayor and C/W Massaro replied no.
C/M Stelzer said he was holding a report addressed to the Mayor and
Members of the City Council, dated 9/18/85, which was an in-depth
audit with an examination of all the investments and stock that the
City had. He asked Council if they wanted a copy and they replied
that they did. C/M Stelzer said he will submit copies to Council.
C/M Stelzer MOVED to TABLE this item.to the 6/11/86,Council meeting
or an earlier meeting, if necessary, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
9. YagQhn Ford Property - Lot Clparing the ent - Discussion .and
possible action on an offer to settle a claim by the City for lot
clearing work performed by the Public Works Department at the
southwest corner of University Drive and NW 82 Street.
SYNOPSIS OF ACTION: ACCEPTED
a $400.00 settlement on bill for
lot clearing.
C/M Stelzer explained to Council that the City cleared a lot for
Vaughn Ford Property and charged them $1,187.50 and, from the City
Attorney's letters, the City did not notify them properly and they
want to make a settlement and pay $400.00, which the City Attorney
suggests be accepted.
C/M Stelzer MOVED to ACCEPT the $400.00 settlement for the clearing of
the lot. SECONDED by V/M Stein.
C/W Massaro asked why Vaughn Ford was not properly notified and
Mr. Ruf answered that it.was very possible that.if there was a
conveyance of a piece of property during the tax year, the City
Clerk's office will not get notice of the change of ownership until
the tax roles come -out. He said this..could happen on a notice for lot
clearing, guaranteed revenues or for any monthly recurring payments.
Mr. Ruf said there have been problems where two landowners will convey
but no one in the City will know. He said the only thing to do to
avoid this from happening, is to set up a process where the City
Clerk's office would make sure there has been no conveyance of the
property.
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5/28/86 �r
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C/W Massaro asked if the problem could be avoided by sending notice to
the property by registered mail with a returned receipt requested.
Mr. Ruf said he does not believe so because the notices go to the
owner that shows on the tax role and it is not forwarded on to the new
**owners, if any. She asked the City Manager to check on this further.
C/W Massaro asked if that occurred in this case and Mr. Ruf said he
was informed it did happen that way in this case.
TE:
LEGAL AFFAIRS
ALL VOTED AYE
12. Public Soliciting - Temp. Ord. #1182 -- Discussion and
possible action to repeal Chapter 22 of the Code and create
a new Chapter 22 entitled "Public Selling, Hawking,
Soliciting, Peddling and Canvassing on Public Roadways and
Thoroughfares". Second Reading. (Public hearing held
4/10/85) .
SYNOPSIS OF ACTION: REMOVED
from the agenda.
V/M Stein noted that this should be First Reading of Temp.
Ord, �11_82 and not Second Reading.
Mr. Rednor read Temp. Ord. #1182 by title.
C/M Stelzer said he feels this item is incorrectly stated since
this Ordinance refers to "disruption of traffic" and has nothing
to do with "peddling and hawking". V/M Stein said this should
have a new Ordinance number and this would be first reading.
Mayor Hart suggested that the number be changed to Temp, Ord.
#1267 with first reading today.
V/M Stein MOVED to Agendize by Consent Temp. Ord. #1267,
SECONDED by C/M Stelzer.
C/W Massaro said she understands if a title is changed on an
Ordinance, it must be advertised; therefore, it cannot be acted
on today. Mr. Rednor said there needs to be an advertisement
between first and second reading and he noted that the title he
just read was for Temp. Ord. #1267 and not Temp. Ord._#1182.
TE:
ALL VOTED AYE
V/M Stein MOVED to REMOVE Temp. Ord. #1182 from the agenda;
however, there was no SECOND to this MOTION.
C/W Massaro questioned why this was being removed and
V/M Stein said it is not law because it has not been passed on
second reading. Mr. Rednor explained that with Temp.
Ord. #1182, they were attempting to limit people standing in the
middle of several busy intersections and possibly being injured.
V/M Stein MOVED APPROVAL of Temp. Ord. #1267 on first reading,
SECONDED by C/M Stelzer.
C/W Massaro asked if this should not be part of Chapter 22
rather than a new Ordinance and Mr. Rednor said they are trying
to protect the City from any liability since the State's courts
have consistently challenged solicitation type Ordinances.
EDITOR'S NOTE:
** AMENDED 9/3/86
I-
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Mr. Rednor said Chapter 22 itself may be subject to challenge
and should be examined furt.he.r-. ..He said they are more- apt to.
uphold Ordinances regulating traffic. He said their approach is
to attempt to set a stringent Ordinance which will protect
individuals from injury and the impact from that will be to keep
them from soliciting within public roadways as an aside.
VOTE:
ALL VOTED AYE
V/M Stein MOVED to REMOVE Temp. Ord, #1182 from the agenda,
SECONDED by C/M Stelzer.
TE:
ALL VOTED „AYE
13. Recreatignal Vehicle Parking - Temp,,Qrd. #1265 - Discussion
and possible action to amend Chapter 15 of the Code by
extending the period of time a recreation vehicle may be
parked in driveways for loading and unloading purposes.
First Reading.
SYNOP I F A TION: APPROVED.
on first reading.
Mr. Rednor read Temp. Ord.11265 by title... -
V/M Stein MOVED -APPROVAL of Temg, Ord. #1265 on first reading,.
SECONDED by C/W Massaro.
TE: ALL VOTED AYE
14. Council Meeting Times and Frequency - Temp. Ogd
#1263 - Discussion and possible action to amend Code Section
2-11 to provide for the time and frequency of Council
meetings. First Reading.
,SYNOPSIS OF ACTION: APPROVED
on first reading.
Mr. Rednor read TgMp�_Qrd. #1263 by title.
V/M Stein MOVED APPROVAL of Temp. Ord. #1263 on first reading,
SECONDED by C/M Stelzer.
Melanie Reynolds, resident, said the Charter has specifications
regarding Council meetings and she objected to this being
changed by Ordinance. Mr. Rednor said this takes steps to
implement by Ordinance.
VOTE: ALL VOTED AYE
Mayor Hart noted that when this Ordinance is passed on second,
reading, the first Council meeting of each month will begin at
1:00 p.m. with a. recess for dinner and reconvene in.the evening.
He said the second meeting of each month will start at 9:00
a.m., recess for lunch and reconvene in the afternoon.
15. Council Rules. and Procedures - Temp. Reso, #44139 -
Discussion and possible action to adopt procedures for the
conduct of Council meetings.
SYNOPOIS OF ACTIO :
APPROVED with amendments.
RESOLUTION NO. R-86-191 PASSED.
Mr. Rednor read Temp. Reso.. 44,139 by title.
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Mayor Hart said this Resolution embodies what was said on the
previous Ordinance and also mandates that the public shall be
permitted to speak on any agendized item and a period of public
*comment at each Council meeting on items that are not on the
agenda.
V/M Stein MOVED APPROVAL of TemR. Reso,4139 as amended to have
the voting procedure called by districts starting with District
1, District 2, District 3, District 4 and the Mayor.
Mr. Rednor said Temp. O d 1263 will not go into effect until
second reading and, because the Ordinance would be in conflict
with the Resolution if not in effect at the same time, he
advised that the Resolution not be effective until after passage
of the Ordinance. V/M Stein added that to his MOTION for
APPROVAL of Temp. Reso. #4139. C/M Stelzer SECONDED the amended
MOTION.
C/W Massaro said there appears to be a conflict in Section E,
Page 4, which states, "The City Clerk shall insure that no item
is brought to Council for discussion at the Pre -Agenda meeting
unless written approvals from all relevant staff members have
been received." She said that means everything has to be in
order and in Section F, it states, "All documents required in
connection with, or backup to items to be considered at a
regular meeting will be in the hands of the City Clerk and
available to members of the City Council not less than 48 hours
prior to the Council meeting." She said felt these two Sections
were in conflict.
Mayor Hart said Attorney Rednor drew this up based on the
suggestions of each Council person and copies were presented in
final form about one week ago.
C/M Stelzer said at the Pre -Agenda meetings there must be a sign
off that everything is ready. He said all documents may be in
the City Clerk's hands but she cannot give everything to Council
at the Pre -Agenda meeting since it is uncertain as to whether it
will be put on the agenda or not.
Mr. Rednor said there is a conflict if it is interpreted that
way. He said if it is interpreted as requiring merely the sign
off at the time of the Pre -Agenda meeting, there would not be a
conflict and the backup documents would have to be received 48
hours before the meeting.
Vickie Beech, resident, said this should have been in force
several years ago.
Mr. Rednor said the Assistant City Clerk brought to his
attention a possible amendment on Page 5 under G. He said she
suggested that it read, "The City Clerk, no later than 5:00 p.m.
the Thursday prior to said Council meeting shall receive
requests to add new items to the agenda."
V/M Stein agreed to the amendment to his MOTION as did
C/M Stelzer as the SECOND.
VOTE•
C/M Gottesman Aye
C/M Stelzer Aye
C/w Massaro Nay
V/M Stein Aye
EDITOR'S NOTE: Mayor Hart Aye
** AMENDED 9/3/86
F,
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16. Burglar Alarm Violations - Discussion and possible action on
a report by the City Attorney's office to write off
violations more than two (2) years old.
SYNOPSIS OF ACTION: APPROVED
as recommended by the City Attorney.
The City Manager was advised to set
a procedure to prevent this from
ecurring.
Mr. Rednor said he stated in writing on 3/25/86 the reasons why
he felt this was necessary. He said one of the reasons he did
not state was that the City needs to try to alleviate some of
the problems that have occurred with the prosecutions. He said
going back to 1982 and 1983 is not helpful to the City and this
is an attempt to.remove a backlog.
tpe
Mr. Rednor said when he was before Judge Shutter at a recent
hearing on this, he questioned why the City was going back even
two years. He said the police officers and witnesses tend to
disappear and it is not practical at this point to go that far
back. He said there are always costs incurred in prosecuting
and it would cost more money to collect than to settle this.
C/M Gottesman said as Council Liaison to the Burglar Alarm
Committee, he MOVED that the Council ACCEPT the City Attorney's
advice to drop the unpaid violations, SECONDED by
V/M Stein.
C/W Massaro said she does not object to dropping these
violations but she noted that some procedure should be devised
to monitor future violations being turned over for immediate
action if not paid. Mayor Hart suggested that future action be
the responsibility of the City Manager to see that this does not
recur.
4
TE:
ALL YOTED AYE
17. City Manager Appointment -- T m . R so. #4140 - Discussion
and possible action to appoint John P. Kelly as City Manager
pursuant to the terms and conditions of this contract.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86--192 PASSED.
V/M Stein MOVED APPROVAL of Temp. Reso. #4140, SECONDED by
C/M Stelzer.
C/M Gottesman asked why the Council is seeking a new City
Manager when Larry Perretti has held this position for almost a
year and has done an excellent job. He said he is aware that
the newly elected Council members felt Mr. Perretti did not have
the experience as a City Manager and his financial expertise was
lacking.
C/M Gottesman said Mr. Kelly admitted during his interview that
he has.no experience as a City Manager and -that he is weak in
financial matters. He suggested Mr. Perretti be given a letter
of commendation to be placed in his Personnel file noting his
contribution to the City as City Manager. He said he would work
with Mr. Kelly if he is chosen as City Manager.
C/W Massaro said she feels Mr. Kelly would be very good at his
job as Development Coordinator but would not be a very good
experienced City Manager. She said she feels Mr. Perretti has
been doing a good job and should continue. She noted that she
would work with Mr. Kelly if he is chosen as City Manager.
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Melanie Reynolds, resident, said both the new City Attorney and
the new City Manager will be getting car allowances and she
asked if the Council will reinstate all the car allowances that
were taken away last October. Mayor Hart said that question is
not under consideration at this time.
VOTE
C/M Gottesman
Aye
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
Vickie Beech, resident, asked if Mr. Kelly was strong in
financial matters and Mayor Hart suggested people refer to the
West Section of the Fort Lauderdale News which gives a
background of Mr. Kelly.
CONSENT _,AGENDA
4. Consent Agenda -
o) Lakes of Carriage Hills - Discussion and possible action
on:
1) Renewal of model sales facility permit
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
SYNOPSIS QF ACTION: (See Pages 1 thru 7)
TABLED for fees owed, RECONSIDERED
and APPROVED.
C/M Stelzer noted that the check owed has been received and
he MOVED to RECONSIDER this item, SECONDED by C/W Massaro.
UTE : ALL yOTED AYE
C/M Stelzer MOVED APPROVAL of the renewal of the model sales
permit and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy, SECONDED by
C/W Massaro.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES WEST
10. Del'n u nt W ter gnd e 1 P ents -- Discussion and
possible action.
SYNOPSIS OF ACTION: TABLED
to the 6/11/86 Council meeting
for further investigation.
Charlotte Dressler, Accounting Office Manager, said she requested
this item be Tabled for further research and V/M Stein so MOVED,
SECONDED by C/M Stelzer.
C/W Massaro asked what the problem is and V/M Stein said with the
bi-monthly billing, there was concern that there would be problems
with renters. He said this is for the City's protection.
VOTE: ALL VOTED AYE
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11. Water .and Wastewater _Egbate - Temp. Reso. #4151 - Discussion and
possible action to grant a 1.5% rebate to utility customers west
of State Rod 7 (441) for the .months of June, July, August and
September, 1986.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-190 PASSED.
APPROVED.
Mr. Rednor read Temp. Reso. 14151 by title.
1
V/M Stein MOVED APPROVAL of Temp. Reso. #4151, SECONDED by C/W
Massaro.
C/W Massaro said she has no objection to the utility customers
getting a 15% rebate but she was -concerned whether the utility
customers will be receiving an increase when the new budget is
compiled.
V/M Stein said based upon the issuance of the bonds, the City has
been collecting 10% for 8 months. He said the funds collected during
this time are; therefore, in excess. He said there were some errors
in calculation as to the expenses and the issuance of the bonds was
based upon 1984 expenses. He said there is no way to tell if there
will be an increase when the budget is compiled.
C/W Massaro asked if it has been researched whether the bonds are
resaleable without insurance if they go General Obligation.
V/M Stein said the City cannot go General Obligation for the utility
bonds but can for the municipal complex. He said the underwriting
and selling of the bonds costs.$125,00.0.00 and the insurance is over
$200,000.00.
Mr. Rednor said for the sake of clarity, this would be a 1.5% rebate
on sewer use charges only for the next four month period.
UTE :
ALL VOTED AYE
Mayor Hart recessed the meeting to 1:30 p.m. for lunch.
Tape 5
Mayor Hart called the meeting to order and all were present.
COMMUNITY -DEVELOPMENT
33. A Re5plution obiecting to the Sawgrass ExRressway
erecting tel on the land Tamarac d dic ted to
them for a right-gf-way - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 27).
V/M Stein MOVED to Agendize this item by Consent, SECONDED by C/W
Massaro.
V TE: ALL .VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
5. City Ambulancgrvice - Discussion and possible action. (tabled
from 5/.14/86)
SYNOPSIS F ACTION: TABLED
for further information from
the Fire Chief.
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Fire Chief Bernard Simon said he gave a written report to all Council
members and the City Manager and he reviewed this. He said early in
1982 the subject of ambulance service to be run by the Fire
Department was first discussed. He said their objectives were to
improve the response time of this service.
Chief Simon said the second concern was to render service through
the Fire Department to increase the productivity of this depart-
ment. He said he has had excellent cooperation in this regard.
He said to reflect the difference of costs to the residents could
be shown in three ways:
1. Savings to the user of this service over the cost of the
private provider as was set at $75.00.
2. Improve fire protection capabilities at the Tamarac Fire
Department by utilizing the dual positions of Fire Fighter and
Emergency Medical Technician/Fire Fighter.
3. Reduce the expenses of running large fire apparatus at first
responders.
Chief Simon said during FY 83/84 this service had been implemented
without adding any additional personnel to the Fire Department
because,.at that time, the work week in the Fire Department was 52
hours and is now 50 hours, which was negotiated by a 3-year union
contract. He said there was more manpower in the Department at
that time than there is now.
Chief Simon said if the plan had been implemented in FY 83/84,
there would have been some overtime needed. He said he cannot
foresee medical or vacation time. He said he was looking at the
source of revenue from the fees to offset the additional overtime
that would be used. He said the actual cost to implement the
ambulance service would be based upon the following existing
conditions:
1. As the Fire Department has been rendering service to the City
as a first responder for medical rescue and non --fire emer
gencies and vehicle accidents since the summer of 1975, they
have been spending the same if not more than it would cost to
operate the ambulance.
2. Possible expense for billing involved with ambulance transport
service - $1,500.00.
3. Revenue derived from this projected ambulance service is
estimated at 2,061 transports x $75.00 = $154,575.00
Chief Simon said what must be considered the primary function of
this Fire Department is fire protection and the true cost must be
based on consideration of how this ambulance service would improve
it. He said the fees would be used in part for improved manning
of fire protection service.
Chief Simon said the true cost of operating and transporting an
ambulance instead of a Fire Department pumper as is done now is
actually less. He said the other conditions regarding City -
operated ambulances are:
1. In every eight residential units one will require an emergency
transport per year based on 2.2 people per residential unit
with 35,000 people in the City.
2. Estimated transports in 1986 are 2,061 divided by the number
of units totals 7.719.
3. No incorrect billing for items/services not rendered.
4. No attempt to collect charges during traumatic periods when
members of the family are in route or entering a hospital
emergency room because billing is done by mail.
Chief Simon said the amount of time fire apparatus pumpers are out
of service would be minimized. He said on 10/1/85 House Bill 530
went into effect which called for cost containment measures
regarding medical and hospital costs.
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Chief Simon said building, storage, garages, maintenance equip-
ment, etc., are already in use and no added expenses are required.
He said detailed knowledge of the geography of the City is manda-
tory in the Fire Department.
Chief Simon concluded that this system would be a vast improvement
over the private provider and noted that he cannot guarantee that
there will not be a complaint but he felt it would improve the
present system and benefit the majority of the residents of the
City..
C/W Massaro.asked if the figures to be charged the patients have
been reviewed and Chief Simon said he would stay with the figure
of $75.00. C/W Massaro said the City still needs County approval
and Chief Simon said he is seeking Council support with the
County. C/M Stelzer asked why both the fire trucks and the
ambulances are sent out together and Chief Simon said when they
can man an ambulance they do not run a fire truck. He said if
there is an accident where more men are needed he sends out a
pumper because there are different tools on that.
C/M Stelzer said in Appendix C of the Chief's report it refers to
saving $226,000.00, $6.00 per resident and at a charge of $75.00
there will be a savings of $72,000.00. He questioned how this
would be a savings.
C/M Stelzer said in 1982/83 Chief Simon figured the cost per call
would be $24.67 and he asked what happened to that cost. Chief
Simon said there were many studies taken and some figures did
change over the years.
V/M Stein said at the present time -the City is not transporting,
therefore, neither the $75.00.or the $24.67 amount is a valid
number. He asked whether the City wants to add transportation to
the responding service that is now being done. He noted that if
the City does add transportation, there is an additional policy
which must be taken. He said the City ambulance service as it
presently is needs a backup.
Chief Simon said the Fire Chief of Hollywood has stated that the
average for the American Ambulance Association is one ambulance
for 30,000 people but, with the high rate of retirees in this
area, the figure would be more. He said a backup is not required.
C/M Gottesman asked how the money is collected if the users are on
Medicare and Chief Simon said he has not had an instance where the
person did not have supplementary medical insurance. He said he
researched collection methods and found collections vary from 50%
to 70%. He said he went to the Administrator of University
Hospital and asked what the indigent rate is and they said 5%.
Mayor Hart said he was disappointed with the appendixes in this
report. He said he does not understand why both pieces of equip-
ment are sent out when there is a call and he found that he could
not understand how this would improve the Fire Department. He
said he feels this would increase the City's taxes if patients are
not going to be transported.
Mayor Hart said he.agrees with.Chief.Simon's final recommendation
that fire units should not respond to medical rescue calls at all
and all present expenses should be eliminated. He said the Fire
Chief was requested to give Council a complete figure of what the
income would be and what the total cost to the City would be and
those figures were not presented.
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C/W Massaro asked how HMO affects this since many people have HMO.
She said that needs to be researched with the other things
requested. C/M Stelzer agreed that there should be a complete
analysis of what the total actual costs will be for the people,
replacement of the units, depreciation, all costs of the equipment
being used with a projection of what will be brought into the City
with this service.
Chief Simon said the dual positions on the fire apparatus regard
potential. He said the increase to the ad valorem taxes would
only be temporary since fees would balance this out. He said the
only time he will man the ambulances would be when no one would
have to be put on overtime. He said there are vacations, sick
leaves, etc., to be considered. He said he already gave Council
the present projection for 1986 but that was not included in this
report.
C/M Gottesman MOVED to TABLE this item for further information
from the Fire Chief, SECONDED by C/M Stelzer.
VOTE:
ALL yOTFD-„AYE
V/M Stein noted that the Fire Chief is to give the figures to the
Finance Director.
Mr. Perretti said for the record that the ambulance in -patient
emergency care when needed is a $75.00 co -payment; therefore, the
HMO would pay the City nothing for transporting a patient to a
hospital.
PUBLIC HEARINGS
18. American CablesysteMgof-Florida - Temp. Ord. #1258 -
Discussion and possible action to amend the rates charged by
this company for cable television service. Second Reading.
SYNOPalS OF ACTION: ORDINANCE NO. 0-86-27 PASSED.
APPROVED on second and final
reading. Public hearing was held.
Mr. Ruf read Temp. Ord. #1258 by title.
Mayor Hart opened the public hearing.
Tape 6
Irving Fenichel, resident, said he has subscribed to American
Cablesystems for many years but had many problems. He said he
complained to them many times but has not had any response from
them. He said because of their lack of response, he does not feel
they deserve an increase in rates.
Martin Goldberg, resident, said he has subscribed to American
Cablesystems as well and there are many problems. He said they
never reimburse for times when reception is lost.
Louise Smith, resident, said she is protesting the raise American
Cablesystems is requesting because of problems with service.
Joe Padua, resident, said at the last meeting when this was
discussed, the representative from American Cablesystems said they
were going to add 7 additional channels to the service. He asked
how many of these would be free and how many would be paid.
Mitch Ceasar, representative of American Cablesystems, said they
have a policy that if the cable goes out for a 24 hour or longer
period, a credit will be given for that time. He said this would
have to be communicated to their office so that they are aware.
Aj
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Mr. Ceasar said there is a rebuild within Concord Village, as
there is within the entire City; however, there is a seasonal
disconnect with a reduced rate. He said outages do occur during
inclement weather and they are trying to alleviate these.
Mr. Ceasar said the last rate increase was over 2 years ago and,
at that time, they pledged to make improvements in the system and
spend substantial amounts of money on the rebuild. He said they
kept their promise and the franchise fees are 3% of gross. He
said the greatest problem is the telephone system and they spent a
great deal of money on this.
Mr. Ceasar said they have increased the business staff, operators,
service personnel of 88% as well as instituting the West Service
Center. He said they have expanded their hours to 24 hours per
day with a customer service center in Plantation for additional
materials. He said they are providing free programming for those
basic cable subscribers and are going full time on entertainment,
video hits, black entertainment, Nickelodeon, country music, PTL,
C-Span, etc.
Mr. Ceasar said the pledged to increase community activity in the
City and they have purchased a mobile unit for this purpose. He
said the rate increase is $1.95 from $11.00 to $12.95 and if a
customer has -a combination of two or more paid programs, there is
no rate increase involved. He said even with the,price increase
they are not,at the top of the County-; however, they -have the
highest channel capacity with 45 channels.
Mr. Ceasar said they have illustrated that their cost increase of
$1.95 is overshadowed by the cost of rebuild and other expenses
which breaks down to $4.02. He said they have lowered rates that
are on the schedule, the mini amplifier deposit was reduced from
$50.00 to $15.00, interconnect with large screens was reduced from
$20.00 to slightly over $10.00. He said they will pledge to take
care of any individual complaints as soon as possible.
Mayor Hart asked when the rebuild will be completed and
Dan Olmetti of American Cablesystems said the completion .is
scheduled for the end of June so,that .the channel and new equip-
ment changes can take effect on July 1.
Mr. Goldberg said he and his neighbors have had problems over 4
years with this company and he felt American Cablesystems is
inefficient and the Council should look for another cable company.
C/W Massaro asked why, other people in Mr. Goldberg',s area are not
present and Mr. Goldberg said he does not know.
Mr. Fenichel said he has called American Cablesystems 20 or-30
times as well as sending them a letter and he has never been
reimbursed. Mr. Ceasar said the policy is that service must be
out -for 24 hours or more., He said -they are not..responsible for
acts of God such as lightning hitting -the set, etc.:
Mr. Fenichel said several years -ago he gave a $35.00 deposit,
this has not been returned and he was told the only way this will
be returned d s when the•box on the television is returned.
Mr. Olmetti said there is a policy of interest being paid on
deposits and if a customer is in good standing for some time
without overdue bills the deposits are returned.
David Silvergleid, Vice President of the Homeowners Association of
the Isles of Tamarac, said there has been no mention of the
increased rates of constituents and their revenue will increase.
He said this will increase whatever revenues the City will get and
will become an indirect tax to the residents who use cable. He
said he is not objecting to -the increase but does object to the
type of service that is given by this company.
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Tape 7
Mr. Silvergleid said they went through the neighborhoods and
destroyed many driveways. Mr. Ceasar said the property that was
used by the cable company was easements specifically for that
purpose. He'said they have done their best to restore the pro-
perty to its previous appearance. C/M Gottesman disagreed.
Mr. Ceasar said they will inspect this area.
Mr. Olmetti said if the path has been prepared according to City
permitting procedures, there is nothing that will be done about
it. Mr. Olmetti said they were permitted by the City to use the
front easements in this area. Mr. Ceasar said they are not
considered a utility but rather, are considered a luxury item. He
said cable has been de -regulated and they could have increased the
rate without asking Council's permission.
Mr. Padua said when cable was originally installed in his area
they severed all the sprinklers and it subsequently cost almost
$20,000.00 to fix those lines. He said last week they severed six
more lines, have fixed three and three are still broken.
Mr. Olmetti said they will fix these sprinklers.
Ms. Smith said her television set has gone out many times and she
has called the cable company many times. Mayor Hart said the
comments should concentrate on what will affect the City as a
whole. Mayor Hart closed the public hearing with no further
response.
C/W Massaro asked whether the telephone service has improved since
American Cablesystems has appeared before Council last. Mr.
Ceasar said there were specific improvements. Mr. Olmetti said
there was a study done with AT&T to add at least 10 to 15 more
lines to the system. He said they have put 10 new customer
service representatives on the lines and they are overstaffing
through the summer into the fall.
Mr. Olmetti said there are 88,000 customers in Broward County and
subscriber growth has been significant. C/W Massaro asked what
the normal time for a complaint response and Mr. Olmetti said if
there is a customer completely out of service with no picture,
they strive to get a response to that person within 24 hours. He
said at times it may take as long as 48 hours if there is a huge
outage.
C/W Massaro asked if they fix televisions in the middle of the
night and Mr. Olmetti said there are people manning the phones and
they will send a repairman the next day. He said if there is a
major outage situation there are people on call to repair the
system.
C/M Gottesman said there are approximately 30 driveways that were
affected and Mr. Olmetti said he will ask the engineers to look at
the cuts in the driveways to determine if there are any problems
as they exist. He said he will get a report to advise Council of
why they used the front easements as opposed to the rear easements
as well as any recommendations that the engineers might have.
V/M Stein MOVED APPROVAL of Temp. Ord,1258 on second and final
reading with the condition that rather than the rate increase
taking place immediately, as called for in the Ordinance, it take
place on 7/1/86 with the understanding that if American
Cablesystems does not do the repairs promised, Council will
reconsider this approval. SECONDED by C/W Massaro.
C/M Stelzer noted that there are many subscribers throughout the
City yet the percentage of people present today with complaints is
rather low in proportion.
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Ll
C/W Massaro said there are many people that were not aware of this
being.on today's agenda. C/M,Stelzer. said everyone in the City
was notified that there was going to be a rate increase.
VOTE:
C/M Gottesman Nay
C/M Stelzer Aye
C/W Massaro Aye
V/M Stein Aye
Mayor Hart Aye
19. Michael L. Doro - Special Exception Petition
#4-Z-86 - Temp. Reso. #4150 - Discussion and possible action
on a.request.for special exception to permit a drapery
cleaning establishment at 5501 NW 22 Avenue, which is zoned
M-1 (Light Industrial).
SYNOP,$IS OF ACTION: RESOLUTION NO. R-86-186-PASSED.
APPROVED subject to approval
by the Broward County Environmental
Quality Control Board. Public hearing
was held.
Mr. Ruf read TeMPt peso. #4150 by title.
C/M Stelzer MOVED APPROVAL of Tgmp. Rgso,4150, SECONDED by
V/M Stein.
Mayor Hart opened the public hearing.
Laurie Clegfeld, representative of Fort Lauderdale Executive
Airport, said they have a problem with this establishment going
into that location since it is not the height of the 30-foot smoke
stack and its fumes enter the airport traffic area and could be a
potential hazard at the airport. She said the airport is located
on a wellfield which is the major supply of water to the City of
Fort Lauderdale and she questioned whether the Broward County
Environmental Quality Control Board has been notified and
approves.
C/M Stelzer,questioned whether the fumes from.a drapery cleaning
establishment are worse than fumes from airplanes and Ms. Clegfeld
said the.fumes from a 30--foot smoke stack could be a problem to
the pilots and the aircraft.
.Michael Doro, applicant, said they will be putting in a 20-foot
boiler to boil water and create steam to soften the fibers of
draperies to be pressed. He -said this will be vented through a
,,stack about 6-inches round up the side of a 24-foot high building
extending to 30 feet. He said they use fuel oil #2 which is the
same as that used in buses, Mercedes, etc.
Mayor Hart asked V/M Stein, who -is a pilot, whether he feels this
boiling water would be any danger to pilots and V/M Stein said no.
He said if the building is 24-feet high and the stack is 6 feet
above that, this should not be a problem. He said the Broward
County Environmental.Quality Control Board would not approve this
if there were any danger.
Carl Alper, resident, said when this appeared before the Planning
Commission, he inquired as to what is.done with the hazardous
waste which is produced and they indicated that -they can the waste
and bring it to Georgia because there is no dumping stations for
this in Florida. He said the dumping of hazardous waste should be
a concern.
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5/28/86
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Mr. Doro said the cleaning process is the same as that used for
clothing and the waste involved is a filter powder used to purify
that solvent so that another drapery cannot be cleaned with that
same solvent. He said they put that filter powder in a still so
that it is cooked and the solvent is evaporated out of the filter
powder, returned back to the cleaning system and the filter powder
is cooked to a dry powder. He said this powder has impurities
that were taken from the draperies and they have to dispose of
them. He said what is hazardous is the little bit that is not
possible to be removed; therefore, they put this into a 28 gallon
container that is shipped to Georgia where they continue to cook
it further to remove it all. He said this is then sold back to
the cleaning industry.
Mayor Hart closed the public hearing with no further response.
C/W Massaro asked if this should not be checked by the Broward
County Environmental Quality Control Board and Bob Jahn, Chief
Building Official, said they have the regulations for this type of
establishment and they monitor it.
V/M Stein AMENDED his MOTION to include that APPROVAL is subject
to the approval of the B.C.E.Q.C.B., C/M Stelzer, as the SECOND,
agreed to the amendment.
TE: ALL VOTED AYE
BOARDO AND C MMITTEES
30. Code Enforcement Board - Tpmp. Qrd, #1266 - Discussion and
possible action. First Reading.
SYNOPSIS OF ACTION: Agendized by Consent on Page 4
APPROVED as amended on first
reading.
Mr. Ruf read Temp. Ord. #1266 by title.
C/M Stelzer made the following suggestions:
- Page 1, Line 18, should read "March, 1986" instead of
"April, 1986
- Where it states "Definitions", it should say,
"State of Florida".
- Page 8, Line 16, it presently reads, "The findings shall be by
Motion approved by (a majority of those members present and
voting, except that) at least four members of the Board (must
vote in order for the action to be official.)", delete between
- Page 8, Line 16, add "ed" to "grant".
-- Check Resolution for "Chairperson" and "Chairman" and decide
which will be appropriate to use.
Mayor Hart suggested each council person compare this with the
State Statutes and, where it agrees with the State Statute, that
is what it will be. He said if it does not agree with the State
Statute, it can be corrected at the second reading.
Mr. Ruf said Bryant Applegate wrote the Code Enforcement Board
Ordinance for the City of Pompano Beach, Rick Rednor wrote the
Code Enforcement Board Ordinance for the City of Lake Worth and
they have collaborated and agreed on this draft. He said any
changes can be made between now and second reading. He said the
fine set forth on the bottom of Page 8 is $250.00 per day.
V/M Stein repeated his MOTION to APPROVE Temp, d 1266 on first
reading as amended, SECONDED by C/W Massaro.
y,QTE: ALL VOTED AYE
1
Ll
r'
26
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Melanie Reynolds, resident, noted that there were several typos in
the Ordinance.
GENBRAL ADMINISTRATIVE/FINANCIAL
31. Authoriz na certain Counc' members and staff to attga!5
the bond_cl.os'ng in view York the second week of June -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 4
Authorization was given for the Finance
Director, City Manager and 2 members
of Council designated by the Mayor to
attend.
V/M Stein said there is no additional cost to the City for this
trip; however, it does require members of staff being absent from
the City.
C/W Massaro MOVED to authorize the Finance Director, the City
Manager and 2 members of Council designated by the Mayor to attend
the closing meeting with bond counsel scheduled for the second
week in June. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
33. A Resolgtion 912jecting to the Sawgrass Expressway e n
motel on the land Tamarac dp.!dicated to theM for a right-
of -way - Discussion and possible action.
SYNOPSIS OF ACTION:- Agendized by Consent on Page 19
TABLED to the 6/11/86 Council
meeting for a report from the
City Planner after the meeting
with the County on 5/29/86.
V/M Stein MOVED to TABLE this item until the 6/11/86 Council
meeting for a report from the City Planner after she attends the
meeting on'5/29/86 with the County. SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVEZFINANCIAL
7. auMMpr Eggreation-Program - Discussion and possible action on
a report by the Director of Parks and Recreation for a revised
fee schedule for participation in this program.
SYNOPSIS OF ACTION:
Temp. Reso. #4154 was Agendized by
Consent and APPROVED. RESOLUTION NO. R-86--189 PASSED.
(See Pages 8 & 9). Fee was added
for non-resident relatives of
Tamarac residents of $80.00 per child.
V/M Stein noted that Temp. Reso. #4154 was Agendized by Consent
and APPROVED this morning; however, the fee amount for a non-
resident child was not stipulated at that time to be added to the
Resolution.
Mr. Ruf said Section 1, should be, "$80.00 per child and $60.00
for each additional child." He said in Section 2, the number is
filled in and Section 3 was not discussed. He said the Resolution
must be read by title and approved because there was only dis-
cussion this morning with no final action.
WA
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5/28/86
V/M Stein MOVED to Agendize TemP, Resoo4 54, SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED _AYE
Mr. Ruf read Temp_ Reso._#4154 by title.
C/M Stelzer MOVED to establish the fee of $80.00 per child for
non-resident relatives of a Tamarac Resident with this amount
inserted into Section 3, SECONDED by V/M Stein.
C/W Massaro said she felt that a higher amount should be charged
to non-resident relatives.
VOTE:
C/M Gottesman
Aye
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
REPORT,9
27. City Council Reports -
Mayor Hart - No report.
V/M Stein reported that Judge Weissing Denied Cardinal Industries
request for a rehearing.
C/W Massaro asked Mr. Ruf if this ruling applies to everyone in
Land Sections 4, 5 and 6 that have not gotten an approved site
plan and Mr. Ruf said the Judge's order states that anyone who has
a Court approved Stipulation may develop according to the terms
and conditions of that Stipulation. He said any land owner or
developer who does not have a Stipulation or an approved site plan
must comply with current City Ordinances.
C/W Massaro said the City Attorney's office should notify Council
who does not have a Stipulation and the City Planner should notify
Council who has approved site plans that are current. Mr. Ruf
said there is a cataloging effort proceeding in the Planning
Department to compile a list of undeveloped parcels in Land
Sections 4, 5 and 6 and then either attribute a site plan or
required Stipulation to those parcels.
C/W MassA reported on the latest information concerning ESM.
C/M Stelzer - No report.
C M GottesM - No report.
28. City Manager Rgport -
Mr. Perretti just noted that the Utilities Director/City Engineer
has been ill.
28
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5/28/86
11
1
Tape 8
29. City Attornev__Re1?ort - No report.
17
Mayor Hart adjourned the meeting at 3:50 p.m.
MAYOR
ATTEST:
CITY CLVfZK
This public document was promulgated at a cost of $240.15 or
$10.28 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 TAMARAC
APPROVED AT MEETING OF
City Clerk
THESE MINUTES WERE APPROVED AS AMENDED ON 9/10/86
r
V �sernara har
ATTEST: MAYOR
Marilyn Ber r,olf, CMC
City Clerk
29
5/28/86
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