HomeMy WebLinkAbout1986-06-11 - City Commission Regular Meeting MinutesP.O. Box 25010
TAMARAC. FLORIDA 33320
REC RD OF COUNCIL DISCU5aIONS AND ACTIONS
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JUKE 11, 1986
CALL TO ORDER: 9:00 A.M.
ANNOUgEMENT OF TIME ALLOCATIONS - MOTION TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication.
PRESENTATIONS
1. Tamarac ..Volunteer ,Ql izens BandNetwork- Presentation of
a proclamation by Mayor Hart in appreciation of the years
of dedicated service by the CB Monitors.
FINAL ACTION:
Proclamation __was Presented to Fred., Adler.
CQNSENT AGENDA
2. Items listed under Item #2, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by one
motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
a) Approval of minutes as recommended by the City Clerk:
1) Minutes of 4/23/86 - Regular Meeting
2) Minutes of 4/28/86 - Special Meeting
3) Minutes of 5/16/86 - Special Meeting
b) Alan F. Ruf - Consulting City Attorney - Approval to
pay the following invoices:
a) General Services - 6/2/86 - $4,970.00
b) Prosecution Services - 5/25/86 - $2,977.35
c) ESM Litigation Expenses - Approval to pay the follow-
ing invoices from English, McCaughan & O'Bryan:
ID 1) $566.64 - 5/19/86
2) $ 57.68 -- 5/19/86
d) Board of Consumer Affairs - Appointment of Fred Adler
as a member for a term to expire 5/11/87 - Temp.
Reso #4164 RESOLUTION NO. R-86-194 PASSED.
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6/11/86
e) 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 landscape work -
Temp. Reso. #4153 (tabled from 5/28/86)
RESOLUTION NO. R-86-195 PASSED.
f) Woodmont Tract 48 -- Discussion and possible action on:
1) Renewal of model sales permit
2) Waiver of the 300--foot distance requirement for
issuance of certificates of occupancy
(tabled from 5/28/86 )
g) Woodmont Tract 71 - Calling of warranty Letter of
Credit in the amount of $56,442.02 that expires on
6/16/86 - Temp. gso. #4159
RESOLUTION NO. R-86-196 PASSED.
h) Woodmont Tract 38 - Calico Country -
1) Renewal of model sales permit
2) Waiver of the 150-foot distance requirement for
issuance of certificates of occupancy.
i) Woodmont Tract 74/75 - Renewal of a waiver to the sign
ordinance for a temporary community directional sign
on the east side of University Drive opposite NW 78
Street - Temp. Reso. #41,60
RESOLUTION NO. R-86-197 PASSED.
j) Kings Point Recreation Complex - Release of warranty
Letter of Credit #84594 in the amount of $836.00
posted for landscaping -- Temp. Reso. #4157
RESOLUTION NO. R-86--198 PASSED.
k) K. Herron and Sons - Release of a warranty bond in the
amount of $22,330.00 posted for sidewalks on Southgate
Boulevard - Temp. Reso. #4158
RESOLUTION NO. R-86-199 PASSED.
1) Arbors at Isles of Tamarac -
1) Renewal of model sales permit
2) Waiver of the 150-foot distance requirement for
certificates of occupancy.
m) Golf Villas at Sabal Palm -
1) Calling of performance Letter of Credit #1139 in
the amount of $70,237.00 that expires on 6/23/86--
Temp. Reso, #4161
RESOLUTION NO. R-86-200 PASSED.
2) Release of a cash bond in the amount of $250.00
posted for beautification at Building #7 -
Temp, Reso. #4162
RESOLUTION NO. R-86-201 PASSED.
n) St. Malachy Catholic Church - Approval to waive the
following fees associated with the issuance of a
certificate of occupancy in exchange for the Arch-
diocese granting to the City a TUW water and sewer
utility easement and a right--of-way easement across
Archdiocese property in Land Section 7:
$124.98 - Interim Services and Facilities Fee
25.00 - Fire Department CO Inspection Fee
3.00 - CO Fee
o) Juvenile Crime - Supporting amendment to the Florida
Criminal Code to increase the cap on parental
liability from $2,500.00 to $5,000.00 - Tgmp.
Reso. #4163
RESOLUTION NO. R-86-203 PASSED.
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6/11/86
p) Police Department -- Approval to purchase two (2) 1985
lease vehicles at a total cost of $15,421.00 (pre-
viously approved on 5/14/86 at a cost of $8,000.00 per
vehicle).
q) Delinquent Water and Sewer Payments - Approval to
extend the tabling action to a future Council meeting
(tabled from 5/28/86) .
r) Personnel Department Staffing - Approval to remove
from the agenda a request for the hiring of a labor
negotiator (tabled from 4/23/86).
s) Sawgrass Expressway - Construction of a motel on land
the City dedicated for a right-of-way - Approval to
remove this item from the agenda (tabled from 5/28/86)
(See Item #23).
t) Utilities west:
1) GeoTechnical Consultants (KBC) - Project 85-17 -
Water Treatment Plant Improvements - Approval to
perform subsurface exploration required for founda-
tion designs in the amount of $5,500.00 in accord-
ance with Paragraph N of the Engineering Agreement
with Hazen and Sawyer.
2) Consulting City Engineers - Acceptance of the
ranking of the Selection Committee and authoriza-
tion to staff to institute negotiations with the
number one and number two ranked firms which are
Hazen and Sawyer and Russell/Axon.
3) Award of a bid for the rehabilitation of Filters 3
and 4 -- Project 85-27 - Temp. Reso. #4156
RESOLUTION NO. R-86-204 PASSED.
4) James M. Montgomery Engineers - Project 85-7 - Fuel
Storage Tanks - Invoice #61429 -- 5/15/86 -
$1,279.45.
5) James M. Montgomery Engineers - Project 84-20A -
Water Treatment Plant Emergency High Service Pumps -
Invoice #61289 - 5/15/86 - $576.41
6) All Rite Paving, Inc. -- Project 84-23 - Fire
Hydrant and Valve Intallation - Invoice #1 -
5/28/86 - $24,079.50.
7) Utilities Services, Inc. - Project 85-19 - STP
Rehabilitation and Expansion - Invoice #3 - 6/2/86-
$9,644.00 (final).
8) CH2M Hill - Project 84-6 - N.W. Force Main --
Invoice #05-427 - 5/15/86 - $15,571.73.
FINAL ACTION:
APPROVED Items a) through f), h) through m) and o)
through t).
g) was REMOVED for discussion and so #4159 was
APPROVED as amended, in the title, "A Resolution regarding
disposition of a bond posted by Green Kroll at Woodmont
for public improvements associated with Woodmont Tract 71
project; and providing an effective date." The existing
Section 3 would bechanged to Section 4 with a new Section
3, "That the appropriate City officials may release the
bond posted by Green Kroll if the remedial repairs have
been completed by June 16, 1986 and certified by the City
Engineering Department."
n) REMOVED for discussion and APPROVAL was given for the
Chief Building Official to issue certificates of occu-
pancv. _ —
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6/11/86
GENERAL ADMINISTRATIYE/FINANCIAL
3. Dulb_in Paper_Stock Company_ - TeMp, Reso, #4165 -
Discussion and possible action to approve execution of an
agreement with this firm to establish and maintain a paper
recycling facility at the City's Public. Works facility.
FINAL ACTION:
TABLED to the 6/25/86 Council meeting at the request of
the City Attorney,
4. Parcel "A" of Tama c I dustri 1 Park - Discussion and
possible action on a request by the City Manager to
authorize a report at a cost of $1,000.00 in order to
establish the value of this property (Municipal Parking
Lot).
FINAL ACTION:
TABLED to the 6/25/86 Council meeting subject to
investigation and inspection of the ro e
5. Touche Ross & Co. - Auditors - Discussion and possible
action on:
a) Selection of this firm to perform an audit for Fiscal
Year 1985/86 (tabled from 5/28/86)
b) Invoice #1490 in the amount of $2,500.00 dated
5/28/86, in connection with services rendered relating
to investments of the City.
c) Action to recover
FINAL ACTION:
a) The City will continue to retain Touche Ross for
FY 85/86 at a cost of $19,000.00 and they will audit
the Utilities Department as part of their contract.
b) APPROVED.
c TABLED._
6. Social gervices Van - Discussion and possible action on
request by Helen Sobel, Chairperson of the Social Services
Board, for financial assistance from the City to purchase
a new van (tabled from 5/28/86).
FINAL ACTIO
APPROVAL was given for purchase of a 1986 (15) passenger
van from Morse Dodge for $15,500.00 with a delivery date
within 24 hours of purchase as a sole source and emergency
item to be certified by the City Manager. If this
is not a sole source, the City Manager was authorized to
immediately advertise for bids.
7. Tamarac Pop Symphony_ - Discussion and possible action.
FINAL ACTION •
REMOVED.from the nd .
UTILITIES WEST
8. Utilities West - Bond Issue - Discussion and possible
action on:
a) Report by Underwriters on sale of the bonds.
b) Temp-, Reso. #4168 - A Resolution providing for the
issuance of water and sewer utility revenue bonds,
Series 1986, of the City, awarding the bonds to the
underwriter, setting the bond terms, approving bond
form, providing for the amount of the bonds, author-
izing the execution, delivery and distribution of a
preliminary and final statement, authorizing the
execution and delivery of closing documents.
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6/11/86
8. Utilities
_ West - Bond Issue - Cont'd.
FINAL ACTION•
a) ACCEPTED V/M Stein's report.
b) APPROVED Temp. Reso. #4168 as amended:
- Page 2, Section 1, should have the amount of
$12,700,000.00" added.
- Page 5, Section 14, should read as follows:
"The City hereby covenants to comply with any and
all changes to the Federal Tax Laws which are
necessary to maintain the tax exempt status of the
Series 1986 Bonds and hereby authorizes the Mayor,
Clerk and any Deputy Clerk, the City Manager and
other officers, employees and agents of the City to
execute any and all documents, certificates and
instruments which may be required as a result of a
change in the Federal Tax Laws as currently pro-
posed in order to maintain the tax exempt status of
the Series 1986 Bonds.
RESOLUTION NO, R-86-205 PASSED,
9. Utilities --West - Fluoridation - Discussion and pos-
sible action on:
a) Report by staff
b) Approval of Addendum #2 to the design contract with
Hazen and Sawyer in the amount of $30,350.00.
FINAL ACTION•
a) APPROVED the report of the Utilities Director/City
Engineer.
b) APPROVED Addendum #2 (minus $5,100.00 for the
fluoridation system addition) for a total of
$25,250.00. TABLED the amount of $5,100.00 to the
6/25/86 Council meeting for a report as to the total
-- -amunt the City will have to pay.
AL AFFAIRS
0. EMERGENCY ORDINANCE - Code Enforcement Board -
Temp. Ord. #1266 - Discussion and possible action to
create a new City Code Chapter entitled "Code Enforcement
Board". First and Second Readings as an Emergency Ordin-
ance.
FINAL ACTION:
APPROVED on first and second readings as amended:
Page 4, Line 19, remove "issued by the City".
Page 4, Line 24, after "City" add "or shall have actual
experience deemed -by the, Council to be enuivalent to said
licensing."
-ORDINANCE NO. 0-86-33 PASSED,
11. Council Rules and -Procedures - Temp. Reso. #4167 -
Discussion and possible action to amend Resolution 86-191
concerning the date these new procedures will become
effective.
FINAL
ACTION:
APPROVED
- effective date is 9/l/86.
RESOLUTION
NO. R-86-206-PASSED.
Agreements
with Broward County -- University_
Drive
between
CoMmprcjgj_Bou1evard and Southgate Boulevard
-
Discussion
and possible action on:
a)
Agreement with Broward County for
trafficways
illumin-
ation - Temp. Reso. #4180
b)
Agreement with Broward County for
trafficways
beauti-
fication - Temp. Reso. #4166
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6/11/86
12. Agreements with Broward Cgunty - Cont'd.
FINAL ACTION:
a) APPROVED.
b) APPROVED subject to plans being submitted to the City
Planning commission.
RESOLUTION NO. R-86-207 PASSED.
RESOLUTION NO, R-86-208 PASSED.
13. Investments of City Funds - Temp. Reso. #4025 - Discussion
and possible action to establish procedures for investment
transactions (tabled from 3/12/86 and 3/26/86).
FINAL ACTION:
TABLED to the 6/25/86 Council meeting for further review
by Council_. _
14. Vehicle, Boat or Trailer Parking in violation of Cod
Chapter 15 - Temp. Ord. #1268 - Discussion and pos-
sible action to amend Chapter 15 by creating a new Sub-
section 15-3.3 to provide for a presumption that any motor
vehicle, recreational vehicle, trailer, boat or boat
trailer, motor home or commercial vehicle parked in
violation of this Chapter shall be presumed to have been
parked illegally by the owner. First Reading.
FINAL ACTION:
APPROVED on first reading. - -
15. Employee Retirement Plan - Discussion and possible action
on recommendations by the Pension Board regarding
increased benefits (tabled from 5/14/86).
FINAL ACTION:
TABLED.
- - - - - - - - -- - - - - -- - - - - - - - - - - - - - - - -
PUBLIC HEARING - 2:00 P.M.
16. Employee Retirement Plan - Temp. rd #1253 - Discussion
and possible action to amend Chapter 19 of the Code
regarding contributions of employees and the City to this
Plan. Second Reading.
FINAL ACTIO
APPROVED on second and final reading as amended:
- Page 1, Line 25, should be "5$" instead of "l%" and
the word "except" should be removed.
- Page 3, Line 14, should be "5%" instead of "A"
Page 3, Line 16, remove the language "other than
Police Officers and Fire Fighters" and add the word
"and"
- Page 3, Line 20, should be "5%" instead of "A".
- Page 3, Line 24, should be "5%" instead of "A".
Page 3, Line 25, remove the language "other than
Police Officers and Fire Fighters".
Publ'c arin was held.,--
COMMUNITY DEVELOPMENT
17. Woodmont Plaza - Temp. Reso. #4138 - Discussion and
possible action on a reluest to extend a Special Exception
granted to Jack Lalanne Health and Fitness Center regard-
ing expansion of facility (tabled from 5/14/86).
FINAL ACTION:
REMOVED from the agenda as the applicant withdrew his
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6/11/86
18. 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. Reso. #4144
f) Public Safety Ingress/Egress Easement - Temp.
Reso. #4145
g) Utility Easment - Temp. Reso. #4146
h) Flo-Thru Easement - Temp. Reso. #4147
(to be located on the northwest corner of Commercial
Boulevard and NW 82 Avenue).
(tabled from 5/28/86)
FINAL ACTION:
T APPROVED a) through h).
RESOLUTION NO. R-86-209 PASSED.
RESOLUTION NO. R--86--210 PASSED.
RESOLUTION NO. R-86-211 PASSED.
RESOLUTION NO. R-86-212 PASSED.
RESOLUTION NO. R-86-213 PASSED._
19. Egan Plat Project - Discussion and possible action on:
a) Waiver of payment of traffic impact fees until con-
sideration of the site plan (tabled from 5/28/86)
b) Plat - Temp. Reso., #4169
c) Development Order - Temp. R-eso,#4170
d) Development Review Agreement
e) Water Retention Agreement
f) TUW Water and Sewer Utility Easement - Temper
Reso. #4.171
g) Well Easement - Temp. Reso. 14172
(to be located on the southeast corner of University Drive
and NW 64 Street)
FINAL ACTION•
TAPPROVED a) through g). The following checks were sub-
mitted at the meeting:
$17,500.00 - Water Retention
1,300.00 - Drainage Improvements
RESOLUTION NO. R-86-214 PASSED.
RESOLUTION NO. R-86-215 PASSED.
RESOLUTION NO. R-86-216 PASSED.
RESOLUTION NO. R-86-217 PASSED.
20. Pebb Building (Centrust Savings Bank) - Discussion and
possible action on:
a) Site Plan -Temp, so #4173
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) TUW Water and Sewer Utility Easement - Temp. Reso.
#4174
e) Public Safety Ingress/Egress Easement- Temp. Reso.
#4175
(to be located on the southwest corner of University Drive
and McNab Road).
ACTION•
APPROVED a) through e)
RESOLUTION NO. R-86-218 PASSED.
RESOLUTION NO. R-86-219 PASSED.
RESOLUTION NO, R-8 -220 PASSED.
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6/11/86
21. University and McNab Plat P o� igct - Discussion and
possible action on: -
a) Plat -- Temp. Reso. #4176
b) Development Order - Temp...R.000: #4177
c) Development Review Agreement
d) Water Retention Agreement
e) Water, Sewer and Drainage Easement - Temp, Rgso.
#418.4
(to be located on the lands surrounding California Federal
Bank at the northwest corner of University Drive and McNab
Road) .
FINAL ACTIO
APPROVED a) through e). The following checks were sub-
mitted at the meeting:
$14,000.00 - Water Retention Agreement
1,040.00 - Drainage Fees
RESOLUTION NO. R-86-221 PASSED.
RESOLUTION NO. R--86-222 PASSED.
RESOLUTION NO. 786-223 PASSED.
22. Portobello -- Discussion and possible action on:
a) Plat - Temp, Reso. #4181
b) Development Order - Temp. Reso. #4182
c) Development Review Agreement
d) Water Retention Agreement
e) TUW Water and Sewer Utility Easement - Temp. Reso.
#4183
(to be located at the southwest corner of University Drive
and NW 82 Street).
FINAL ACTION:
APPROVED a) through e).
RESOLUTION NO. R-86-224 PASSED.
RESOLUTION NO. R-86-225 PASSED.
RESOLUTION NO, R-86-226 PASSED.
23. Land Section 7 Land Uses - Temp. Reso. #4179 - Discussion
and possible action on clarification of the land uses
within Land Section 7 which are on the west side of the
Sawgrass Expressway and east of the FP&L easement.
FINAL ACTION:
DENIED Temp. Reso. #4179. County Commissioner Gerald
Thompson said the Sawgrass Expressway Authority and the
County have no objection to having the Land Use Plan show
this area as a green belt and any consideration of changes
would be discussed with -tbe-City-before implementation,
24. Woodmont Tract 72-A -- Discussion and possible action on:
a) Model sales facility
b) Waiver of the 300-foot distance requirement for
certificates of occupancy
FINAL ACTION-
a) APPROVED a model sales permit for 6 months from
6/11/86 and to expire 12/11/86.
b APPROVED,
25. Lake Colon Brookwood Gardens -- Discussion and possible
action on:
a) Renewal of model sales facility permit for Units
33 - 36
b) Waiver of the 300--foot distance requirement for
issuance of certificates of occupancy
(tabled from 5/28/86) .
FINAL ACTION:
TABLED until the drainage problems have been
resolved, _ r
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6/11/86
26. All Saints Lutheran Church - Site Plan - Temp.
Reso. #4178 - Discussion and possible action to extend a
site plan.
FINAL ACTION:
APPROVED extension of a site plan to 9/12/86.
RESOLUTION NO. R-8 --227 PASSED.
VORT
7. City Council
28. City Manager
29. City Attorney
AGEND AED BY CONSENT
30. City Hall Roofing Repair - Discussion and possible action.
FINAL ACTION:
APPROVED Public Works Director's recommendation to make
re ai s.
31. State Investment Pool - Discussion and possible action.
FINAL ACTION•
The City Attorney was authorized to contact the Head of
the Fund concerning wiring funds directly to Tallahassee
from our bank. After this investigation, the City
Attorney is to draft an Ordinance for a Charter Amendment
for the November election to invest in this State Fund
without having to be back-ed-by the Federal a nmen
P2. Salary Adjustment for Charlotte Dressler, TUW._ Employee -
Discussion and possible action.
FINAL ACTION:
Council disapproved of this until there are further
discussions
33. Golf Villas at Sabal P-alm - Reduction in-B-eglutification
Bonds - Temp. Reso. #4185 - Discussion and possible
action.
FINAL ACTION:
APPROVED Temp. Rgso, #4185 as amended:
- Page 1, Line 25, over the first column of figures add
the title, "Bond Posted" and over the second column of
figures add the title, "Amount to be Released".
This Approval accepted reduction of cash bonds of
$29,529.75 by $25,529.75 having a total of $4,000.00 which
is to be held as $2,000.00 on Building #7 and $1,000.00
each on Buildings #1 and 5.
34. Burglar Alarm Committee - Acceptance of Resignation
and Announcement of Vacancy - Discussion and possible
19 action.
FINAL ACTION-
Council ACCEPTED the resignation of Sidney Brumberger and
announced a vacancy on this Committee. A letter is to be
sent thanking Mr. Brumberger for his service to the
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6/11/86
35. Asgistan to City Manaagr, - Creation of Position_,and
Salary - Discussion and possible action.
FINAL ACTT
Larry Perretti was given the position of Assistant City
Manager at a yearly salary of $40,504.68 plus any
increases or adjustments he would have had if he stayed as
Personnel Director
36. Preparation of Plalues for former Mayor Philip Kravitz
and former Councilman_. Raymond Munitz - Discussion and
possible action.
FINAL ACTION:
The
e�C' Manager is to Drepare these la u s.
37. M-emo from City Att-Qrney to Bo rd of Ad ust ent - Dis-
cussion and possible action.
FINAL ACTION:
The City Attorney was directed to draft the appropriate
memo to the Board of Adjustment regarding Petition
#5-B-86, which was before them on 6/10/86, in accordance
with the City Attorney's memo #86-6-3, stating the action
taken by the Board was a legal nullity.
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.
Carol E. Barbuto
Assistant City Clerk
Following are the residential and commercial zoning districts in the City:
A-1
- Limited Agricultural
R-IB &
A-5
- Agricultural/Excavation
R-IC -
One Family Dwelling
B-1
- Neighborhood Business
R-2 -
Two Family Dwelling
B-2
- Planned Community Business
R-3 -
Low Density Multiple Dwelling
B-3
_ General Business
R-3U -
Row House
B-5
- Limited Business District
R-4A -
Planned Apartment
B-6
- Business District
R-5 -
Motel/Hotel
I-1
- Institutional
RD-7 -
Two Family Dwelling
M-1
- Light Industrial
RM-5 -
Residential Multi -Family
M-2 -
Medium Industrial
Dwelling
R-1 -
Single Family Residence
RM-10 -
Planned Apartment
S-1 -
Open Space/Recreational
T-1 -
Trailer Park District
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6/11/86
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
June 11, 1986
Tape 1 CALL TO ORDER: Mayor Hart called the meeting to order on Wed-
nesday, June 11, 1986, at 9:00 A.M. in the Council Chambers of
City Hall.
ROLL CALL: PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilwoman Helen Massaro
Councilman Jack Stelzer
Councilman Arthur H. Gottesman
ALSO PRESENT:
Larry Perretti, Assistant City Manager
Bryant Applegate, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PhFDQE_QF_ALLEGIANCE: Mayor Hart called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
GENERAL ADMINISTRATIVEFINANCIAL„ „ ,, , _ _
30. City Hall Roofing Ra a'r - Discussion and possible action.
SYNOPSIS QF ACTION: Agendized by Consent.
(See Page 30).
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/W Massaro.
VOTE:
ALL VOTED AYE
31. State Investment. Pool -- Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 30, 31 & 32).
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
V/M Stein.
VOTE:
ALL VOTED AYE
32. Salary Adiustment__f_or_Charlotte Dressler, TUW Employee -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 32) .
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/W Massaro.
TE: ALL VOTED AYE
_
COMMUNITY DE _ VELOPMENT
33. Golf yijl.4.gbal Palm - Reduction in Baaut.ificgtion
Bonds - Temp. RCpg._#4j85 - Discussion and possible action.
SYNQPSIE OF ACTION: Agendized by Consent.
(See Pages 32 & 33).
1
6/11/86 V r
/pm
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
V/M Stein. C/W Massaro said she objected to this being discussed
without further research.
VOTE:
C/M Gottesman Aye
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
25. Lake Colony (Brookwood
Gardens)- -- Discussion and possible
action on:
a) Renewal of
model sales facility
permit for Units 33-36
b) Waiver of
the 300-foot distance
requirement for issuance of
certificates
of occupancy.
(tabled from
5/28/86)
Y OP I F ACTION: TABLED
until the drainage problems
have been resolved.
C/M Stelzer MOVED to TABLE this item until the drainage problems
have been resolved, SECONDED by V/M Stein.
VOTE: ALL YQTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
7. Tamarac PoP Symphony - Discussion and possible action.
SYNOPSIS OF ACTION:
REMOVED from the agenda.
C/M Stelzer said Coral Springs is arranging to take the Pop
Symphony over and he MOVED to REMOVE this item from the agenda,
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
BOARDS AND COMMITTEES
34. Buralar_Alarm__Committee - Acceptance of Resignation
and -Announcement of Vacancy - Discussion and possible action.
aYNOPSIS OF ACTION: Agendized by Consent.
(See Page 33).
C/M Gottesman MOVED to Agendize this item by Consent, SECONDED by
C/W Massaro.
VOTE: ALL YOTED AYE
GENERAL ADMINISTRATIVEZFINANCIAL
35. Assistant tg C' M a er - Creation .gf _Position .gnd
al ry_ - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 33, 34 & 35).
V/M Stein MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
TE: ALL VOTED AYE
2 J
6/11/86
/pm
I
11
3. Durbin Paper ,tock Company - Temper Reso. #4165 - Discussion
and possible action to approve execution of an agreement with
this firm to establish and maintain a paper recycling facility
at the City's Public Works facility.
BYNOPSIE QF ACTIOM: TABLED
to the 6/25/86 Council meeting at
the request of the City Attorney.
City Attorney Applegate requested that this item be Tabled to the
6/25/86 Council meeting for further review by the Consulting City
Attorney's office.
C/W Massaro MOVED to TABLE this item to the 6/25/86 Council
meeting, SECONDED by C/M Gottesman.
VOTE:
PRESENTATIONS
ALL YOTED AYE
1. Tamarac_ yQlunteer Citizens Band „Netwgrk - Presentation of a
proclamation by Mayor Hart in appreciation of the years of
dedicated service by the CB Monitors.
SYNOPSIS OF ACTION: Proclamation
was presented to Fred Adler.
Mayor Hart presented a proclamation in appreciation of the years
of dedicated service by the CB Monitors to Fred Adler, their
representative.
COMMUNITY „DEyELOPMENT
23. Land E-e-ction 7 Land Uses - TeMp_,Reso. #4179 - Discussion and
possible action on clarification of the land uses within Land
Section 7 which are on the west side of the Sawgrass
Expressway and east of the FP&L easement.
SYNOPSIS OF ACTION:
DENIED Temp, Reso. #4179.
(The following is a Verbatim Transcript as requested by
C/W Massaro).
Mayor East: City Attorney, do you have the Resolution 4179? You
can read the title on that.
Bryant. Applegate: Temp. Reso. #4179, Resolution R-86. A Resolu-
tion of the City Council of the City of Tamarac, Florida, express-
ing the Council's intent to notify the Broward County Commission
and the Sawgrass/Deerfield Beach Expressway Authority that the
Council strongly condemns any use of those lands within Land
Section 7 in the City lying to the west of the Sawgrass Expressway
which would permit development of said lands as other than a green
belt or passive recreation area; providing that should the County
use lands deeded by the City to the Sawgrass Expressway Authority,
so as to assist in the development of the above described lands as
other than a green belt or passive recreation area, that the City
shall seek to have said deeds revert to the City; providing for a
repealer; providing for severability; and providing an effective
date.
County Commissioner „ ggrry_„Thompson: I am not aware that anything
on the west side of the Sawgrass is lands that were in fact
dedicated from the City. However...
Mayor Hart: Thelma Brown, our City Planner, will you bring us up-
to-date on what this is all about?
3
6/11/86
/pm
Vj/
Thelma Brown: Yes, sir, I will certainly try to. We have received
a telephone call from the Broward County Planning Council roughly
two weeks ago. At that time it was discussed that there
were some possible amendments to be added to the Land Use Plan for
Land Section 7 and those comments were made to the position that
the Sawgrass Expressway wanted an off ramp, possibly a filling
station, possibly a hotel or motel at that location.
During our Land Use Plan Amendment, that went down to Broward
County, it was not addressed to allow those certain uses. On the
overall plan it was addressed only to allow for a green belt
adjacent to the FP&L easement and then also adjacent to the
Sawgrass Expressway. I believe that the City of Tamarac needs to
clarify that because it was and is under the adopted Land Use Plan
"green belt".
We did not address that because we did not change that use to
anything other than that which it was. If the Sawgrass Expressway
is planning to do anything in that area, we were with the hopes
that they would notify us and allow us to review it at a City
level and then take it on to the County. At this time; however,
we have the Land Use Plan Amendment in the process. We feel we
cannot add anything to that Amendment at this time and we also
feel that it was not addressed to the City during the April lst
deadline as being a use that the Sawgrass Expressway had wanted.
So, it is just merely a clarification at this point.
Commissioner_ Thompson: Mayor.
Mayor Hart: Yes, go
ahead.
-Commissioner ThgMpson: The Expressway Authority has no anticipa-
tion at this time of
making any amendments to the Land Use Plan.
However, I thank in
the future, when you look at the transporta-
tion corridor coming...say,
down the Turnpike ... you are travelling
on the Turnpike and
there are plazas along the way. The last
plaza, I believe, is
Boca ... not Boca Raton...it's Lake Worth. You
are coming south and
when you come to Lake Worth, there is a plaza
in the center of the
highway. As you come down to the Sawgrass
and turn on the Sawgrass,
you have missed the Pompano Plaza, north
of it, and you have
already gone 24 miles and you will go another
23 and a half if you
traverse the length of the Sawgrass without
adding those two ... some
40 some miles... without a service center.
We would like to look at that in the future for servicing the
travelling public and also for a western headquarters for the
Florida Highway Patrol. They are seeking a site to, in fact,
service the western part of Broward County. The only one they
have got now is up in Pompano and on 84 in the east and they would
like to build another facility. I do not think that those kinds
of services would be objectionable...in the future we will be
looking at it in another year or so. I think that might be a
benefit ...
V/M Stein: For clarification...then, the Sawgrass has no objection
and the County, obviously ... we have a Land Use Plan which is going
to show that as a green belt.
Commissioner Thompson: Yes, sir.
V/M Stein: A year or two down the road if you come then you will
obviously have to come back to the County and the City to remove
that objection and I think that is all we are asking for... is
notice.
4 6/11/86
/pm
Commissioner Thompson: Yea ... all I wanted to be here is to clarify
that at this time we have not done anything ... all the comments
were in my head, no action from my Board, and we don't contemplate
anything this year.
Mayor Hart: And just with the understanding that if in the future
this is contemplated it will be discussed with the City...
due to the way this land was deeded before anything be possible
done and only can be changed with the permission of the City.
Thelma Brown: Mayor if I might, the State as I understand it, have
the right to do certain actions without bringing the City into it
as far as approved...
Commissioner Thompson: We would still want to do that.
Thelma Brown: Yes, I would request that you work with the City...
Commissioner Th_gmpson: Our neighboring legislation just provides
for ... I have been with this City a long time and I have worked
with all of you before.
MaY4-r-.Hart: Half of our City is in your district.
Commissioner Thompson: Thank you very much.
Ndygr Hart: Thank you very much, we appreciate your coming.
yLM Sein: There's a Reso. on the table right now.
Thglmg Brown: There's a Reso on the table but a week and a half
ago I had submitted a letter that the Reso. was not absolutely
necessary just a motion to clarify that...
V/M Stein: We can MOVE a vote against a Reso.
Commissioner Th_mpson: We have sent invitations for the opening of
Sawgrass... a week from Saturday, we hope you'll all come out and
get the first free ride.
C/W Massaro: What time?
Mayor Hart: Originally, I believe it was supposed to open on the
8th for free riding until the 21st...or the loth for free riding
until the 21st... now it's going to open officially on the 21st
which was the set day. Will it be just the one day free riding or
what?
Commissioner Th_gMpson: We need the money bad but I think that
decision will be made this coming week at our expressway
meeting ... the Board will decide that.
CZ1q Massaro: Commissioner, what time are your talking?
Commissioner Thompson: It is in the morning.
M n• 10:15 a.m.
ay= dart: 10:15 a.m....I would like to say at that time...
10:15 a.m. we will gather at Commercial Boulevard and then we will
join the procession up to Atlantic Boulevard... it's going to be
very interesting they want to start from both ends if that's still
is the way it's planned at the same time and after we cut the
ribbon or something on Commercial Boulevard to allow you on, we
will then join the procession or the parade up to Atlantic
Boulevard at which the main ceremonies will take place.
5
6/11/86
/pm
C/W Massaro: Commissioner Thompson, before you leave, is it my
understanding that you are going to monitor that the State does
not move into any direction without us being informed of what's
going on in view of what our Planner has stated?
Commissioner Thompson: That's what I said... absolutely.
C/W Massaro: You will be monitoring it so that nothing...
Commissioner Thompson: Any activity on that property will be a
result of an activity by the expressway authority in conjunction
with the City...
C/W Massaro: Well is there another State authority other than the
expressway authority that has the jurisdiction that you spoke of?
Thelma Brown: As far as I know, the State has some rights to go
on without notifying the City.
C/W Massaro: Now when you speak of State are you talking about
the expressway authorities?
Thelma Brown: Yes, it is a State Agency but....
C/W Massaro: Then will you monitor yourself?
Commissioner Thompson: The Board of Department of Transportation
(DOT) total division will be actually operating the facility under
a... it's called a grease purchase agreement... they'll be
operating it but they will not have any control over that
property ... the expressway authority will.
C/W Massaro: Okay ... Mr. Mayor...
V/M Stein: May I MOVE ... well to REMOVE.
C/W Massaro: No...
9ZM Stelzer: Why did you vote against it...
C/W Massaro: Wait a minute...
Y/MStin: We also have to remove item S.
C/M�Stelzer: No, item S is a tabling motion.
C/W-Massaro: Mayor, I'd like something put in there, I would like
this verbatim, what has been discussed here this morning.
V/M Stein: You always can request that.
C/W Massaro: Well ... I request then that this discussion be
verbatim.
Mayor Hart: Then what do we do ... a MOTION to accept the
Resolution and then DEFEAT it and... is there a motion.
V1_M Stein: I MOVED.
C/M S.tel zer: I SECONDED.
Mayor Hart: The MOTION is MOVED and SECONDED...call the question.
C/W Massaro: I still don't know what the MOTION is.
C MStelzer: To accept it, now vote against it.
CZW Massaro: To accept what?
6 6/11/86
/pm
C/M Stelzer: To accept the Resolution.
VOTE: ALL VOTED„NAY
(End of Verbatim Transcript)
CONSENT AGENDA
2. Cgnsgnt Agenda -
a) Approval of Minutes as recommended by City Clerk:
1) Minutes of 4/23/86 - Regular Meeting
2) Minutes of 4/28/86 Special Meeting
3) Minutes of 5/16/86 -- Special Meeting
b) Alan F. Ruf - Consulting City Attorney - Approval to pay the
following invoices:
a) General Services - 6/2/86 - $4,970.00
b) Prosecution Services -- 5/25/86 - $2,977.35
c)
ESM Litigation Expenses - Approval to pay the following
invoices from English, McCaughan & O'Bryan:
1) $566.64 - 5/19/86
2) $ 57.68 - 5/19/86
d)
Board of Consumer Affairs - Appointment of Fred Adler as a
member for a term to expire 5/11/87 - Temp. Rego. #4164
RESOLUTION NO. R-86-194 PASSED.
e)
Woodmont Tract 57, Lot 89 -- Release of a cash performance bond
in the amount of $1,100.00 posted by 195 Builders for comple-
tion of sod and landscape work - Temp. Reso. #4153
(tabled from 5/28/86)
RESOLUTION NO. R-86-195 PASSED.
f)
Woodmont Tract 48 - Discussion and possible action on:
1) Renewal of model sales permit
2) Waiver of the 300--foot distance requirement for issuance of
certificates of occupancy
(tabled from 5/28/86)
g)
Woodmont Tract 71 - Calling of warranty Letter of Credit in
the amount of $56,442.02 that expires on 6/16/86 - Temp.
Reso. #4159 RESOLUTION NO. R-86-196 PASSED.
h)
Woodmont Tract 38 - Calico Country -
1) Renewal of model sales permit
2) Waiver of the 150-foot distance requirement for issuance of
certificates of occupancy.
i)
Woodmont Tract 74/75 - Renewal of a waiver to the sign Ord-
inance for a temporary community directional sign On the east
side of University Drive opposite NW 78 St. - Temp. Reso.
4160 RESOLUTION NO. R-86-197 PASSED.
j)
Kings Point Recreation Complex - Release of warranty Letter of
Credit #84594 in the amount of $836.00 posted for landscaping
- Temp Reso. # 4a-57 RESOLUTION NO. R-86-198 PASSED.
k)
K. Herron and Sons - Release of a warranty bond in the amount
of $22,330.00 posted for sidewalks on Southgate Boulevard -
T_=, Rgso. #4158 RESOLUTION NO. R-86-199 PASSED.
1)
Arbors at Isles of Tamarac --
1) Renewal of model sales permit
2) Waiver of the 150-foot distance requirement for certifi-
cates of occupancy
m)
Golf Villas at Sabal Palm --
1) Calling of performance Letter of Credit #1139 in the amount
of $70,237.00 that expires On 6/23/86 - Temp. Reso.
#4161 RESOLUTION NO. R-86-200 PASSED.
2) Release of a cash bond in the amount of $250.00 posted for
beautification at Building #7 - Temp. Reso. #41662
RESOLUTION NO. R-86-201 PASSED.
7
6/11/86 /
/Pm ,I
n) St. Malachy Catholic Church - Approval to waive the following
fees associated with the issuance of a certificate of occu-
pancy in exchange for the Archdiocese granting to the City a
TUW water and sewer utility easement and a right-of-way
easement across Archdiocese property in Land Section 7:
$124.98 - Interim Services and FAcilities Fee
25.00 - Fire Department CO Inspection Fee
3.00 - CO Fee
o) Juvenile Crime - Supporting amendment to the Florida Criminal
Code to increase the cap on parental liability from $2,500.00
to $5,000.00 - Temp. Reso. #4163
RESOLUTION NO. R-86-203 PASSED.
p) Police Department - Approval to purchase two (2) 1985 lease
vehicles at a total cost of $15,421.00 (previously approved on
5/14/86 at a cost of $8,000.00 per vehicle).
q) Delinquent Water and Sewer Payments -- Approval to extend the
tabling action to a future Council meeting (tabled from
5/28/86) .
r) Personnel Department Staffing - Approval to remove from the
agenda a request for the hiring of a labor negotiator (tabled
from 4/23/86) .
s) Sawgrass Expressway - Construction of a motel on land the City
dedicated for a right-of-way - Approval to remove this item
from the agenda (tabled from 5/28/86) (See Item #23).
t) Utilities West:
1) GeoTechnical Consultants (KBC) - Project 85-17 - Water
Treatment Plant Improvements - Approval to perform subsur-
face exploration required for foundation designs in the
amount of $5,500.00 in accordance with Paragraph N of the
Engineering Agreement with Hazen and Sawyer.
2) Consulting City Engineers - Acceptance of the ranking of
the Selection Committee and authorization to staff to
institute negotiations with the number one and number two
ranked firms which are Hazen and Sawyer and Russell/Axon.
3) Award of a bid for the rehabilitation of Filters 3 and 4 -
Project 85-27 - Temp. Rgso.#4156
RESOLUTION NO. R-86--204 PASSED.
4) James M. Montgomery Engineers - Project 85-7 - Fuel Storage
Tanks - Invoice #61429 - 5/15/86 - $1,279.45.
5) James M. Montgomery Engineers - Project 84-20A - Water
Treatment Plant Emergency High Service Pumps - Invoice
#61289 -- 5/15/86 - $576.41
6) All Rite Paving, Inc. - Project 84-23 - Fire Hydrant and
Valve Installation - Invoice #1 - 5/28/86 - $24,079.50
7) Utilities Services, Inc. - Project 85-19 - STP Rehabilita-
tion and Expansion - Invoice #3 - 6/2/86 - $9,644.00
(final) .
8) CH2M Hill - Project 84-6 - NW Force Main - Invoice #05-427-
5/15/86 - $15,571.73.
SYNOPSIS OF ACTION:
APPROVED a) through f), h) through m)
and o) through t).
g) was REMOVED for discussion and
Temp. Reso. #4159 was APPROVED as
amended.
n) REMOVED for discussion and APPROVAL
was given for the Chief Building Official
to issue certificates of occupancy.
C/M Stelzer requested REMOVING g) for separate discussion and
C/W Massaro requested n) be REMOVED as well.
V/M Stein MOVED to APPROVE Items a) through f), h) through m) and
o) through t, SECONDED by C/M Stelzer.
VOTE: ALL VOTED -AYE
8
6/11/86
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iII
L_
11
g) C/M Stelzer said they owe monies for Guaranteed Revenues and
Ken Krasne, representative of Green Kroll Corp., the builders of
Woodmont Tract 71, said they are builders and not developers and
this is their first project. He said they were advised by the
City Engineering Department on 5/16/86 that the warranty Letter of
Credit they posted with the City was becoming due. He said the
City Engineers said they would be doing some inspections of the
sanitary system and they never received a report on this until the
day before the Letter of Credit expired. He said at that point
they were advised that they were going to be agendized to call the
bond.
Mr. Krasne said they then called their joint venture partner,
Coral Gables Federal, and asked them to renew the bond for another
30 days, which would bring it to 6/16/86. He said the type of
work that had to be done involved sewer repairs and it takes time
to get someone to do this. He said the work is being finished now
and the monies owed have been paid.
Bob Foy, Deputy City Engineer, said everything Mr. Krasne has
stated is true and any defect found up until the warranty period
expires would require the bond being called, having the work done
or having the bond extended. He said if Council calls the bond,
as is requested on the agenda, he will submit a letter to the City
Manager and City Attorney verifying that the work is completed and
the bond does not have to be called. He said at the next regular
Council meeting, they will agendize release of the warranty bond.
City Attorney Applegate read Temp. Reso. #4159 by title.
V/M Stein MOVED APPROVAL of Tema. Reso. #4159 as amended by adding
a new line, "If the work has been completed before 6/16/86, and
certified by the City Engineering Department to the City Manager,
then this bond shall be released." Mr. Applegate requested the
Assistant City Clerk read the amendment as made as well as the
title as amended.
Carol Barbuto, Assistant City Clerk, said the title would read,
"A Resolution regarding disposition of a bond posted by Green
Kroll of Woodmont for public improvements associated with Woodmont
Tract 71 project; and providing an effective date." She said the
existing Section 3 would be changed to Section 4 and the new
Section 3 would read, "That the appropriate officials may release
the bond posted by Green Kroll if the remedial repairs have been
completed by June 16, 1986 and certified by the City Engineering
Department."
C/M Stelzer SECONDED the MOTION.
VOTE:
ALL YOTED AXE
n) Mr. Foy said in exchange for Monsignor Donnelly recommending to
the Archbishop to give the City an easement in Land Section 7 that
is needed for Nob Hill Rd. and the Northwest Force Main, they are
requesting that some Building Department fees be waived. He said
Monsignor Donnelly has stated that he expects to be reimbursed for
the sidewalk that is not being constructed along University Dr.
He said the Monsignor contends that this is part of the considera-
tion for the well easements received for his property.
Mr. Foy noted that the City agreed to install sidewalks on 61 St.
and University Dr. but now the City is only going to install them
on 61 St. because of the University Dr. widening program.
9
6/11/86 �l
/pm
Tape 2
C/W Massaro noted that the Church granted the City an easement at
a great inconvenience to them because school was in session at the
time; however, the City needs another easement from them. She
suggested the Council permit the Chief Building Official to give
the necessary certificates of occupancy and hold up any monies due
until a later date when the complete problem is addressed. She
said at that time an equalization can be created to determine what
is owed to whom.
C/M Gottesman said he believes the Monsignor's request to be paid
for a sidewalk that was not installed is out of order.
V/M Stein said there are only two ways for the City to go through
that area; voluntarily or go to Court. He said presently, in
order to get the easement, the Monsignor wants the waiver of these
fees plus reimbursement for not putting sidewalks in.
C/M Stelzer asked Mr. Foy how much the sidewalks will cost and
Mr. Foy said slightly under $6,500.00. Mr. Foy suggested that the
Chief Building Official be allowed to issue COs with decision on
the fees later.
Bob Jahn, Chief Building'Official, said he cannot waive the fees
without Council direction for him to issue them with the fees
being determined at a later date. C/W Massaro so MOVED, SECONDED
by C/M Stelzer.
VQTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
4. Parcel "A" gf Tamarac Industrial Park - Discussion and
possible action on a request by the City Manager to authorize
a report at a cost of $1,000.00 in order to establish the
value of this property (Municipal Parking Lot).
SYNOPSIS OF ACTION:
TABLED to the 6/25/86 Council
meeting subject to investigation
and inspection of the property.
Mr. Perretti said Mr. Brady, an Attorney for an interested party,
noticed the land there and questioned whether the City would be
interested in selling this land. He said at that time he came in
with an offer of a possible trade off of some land they own in
that area so that the trailer park would still exist. He asked
Council:
1. Whether Council is interested in getting this land appraised
for possible sale.
2. Whether Council might be interested in a trade off.
C/W Massaro requested seeing a copy of the letter requesting a
trade off and she wanted an opportunity to see that property to
determine if it is appropriate to use it. She said Council should
think carefully before spending money for an appraisal because
there must be a place for people to park their vehicles.
C/M Stelzer noted that Council has received copies of a letter
from Jim Brady and Mr. Perretti discussing the trade off with a
map showing the property involved.
V/M Stein MOVED to TABLE this item to the 6/25/86 Council meeting
subject to an investigation and inspection of the property,
SECONDED by C/M Stelzer.
VOTE: ALL YQTED AYE
1
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6/11/86
/pm �,
5. Touche Ross & Co. -- Auditors - Discussion and possible action
on:
a) Selection of this firm to perform an audit for FY 85/86
(tabled from 5/28/86)
b) Invoice #1490 in the amount of $2,500.00 dated 5/28/86, in
connection with services rendered relating to investments
of the City.
c) Action to recover
SYNOPSIS OF ACTION:
a) Not discussed at
(See Page 22 for
and action.
b) and c) TABLED to
(See Page 22) .
this time.
discussion
the afternoon.
V/M Stein suggested b) be discussed first because discussion
concerns $2,500.00 in addition to their normal fees.
b) C/M Stelzer said at a prior Council meeting when fees were dis-
cussed with Touche Ross, they did not want to do an in --depth audit
of any City Department because they went into the red the previous
year by doing additional work that was required. He said it was
discovered that former Mayor Kravitz had requested an in-depth
audit of the City's investments. He said the report that was
submitted was addressed to the Mayor and members of Council but no
member of Council ever saw these reports.
C/M Stelzer said Touche Ross would like to get paid for that and
have submitted a bill in the amount of $2,500.00 and he MOVED
payment of the bill for this work. SECONDED by V/M Stein.
C/M Gottesman asked if this report is what was wanted and Mayor
Hart said the City is probably responsible for paying this fee
since it was ordered by the Mayor at that time.
City Attorney Applegate said if the City ordered services to be
performed by the auditor and those services were performed, the
City is responsible for payment.
C/W Massaro asked the City Attorney if one member of Council can
order something like that done without anyone knowing it and
Mr. Applegate said unless he is told differently, he believes one
person cannot do it unless Council's procedures provide otherwise.
He said there is a question as to whether the auditor can perform
services without Council approval first.
C/W Massaro questioned whether this should not be determined
before payment of this bill is made and C/M Stelzer questioned
whether the City is required to pay the bill when the Mayor asks
that something be done. Mr. Applegate said based on the Mayor
ordering something, the answer would be yes; however, he advised
that he has not seen the Touche Ross Agreement. He noted that if
this agreement provides that before they perform any additional
services they must come before the Council, that is .s.omething that
could,be considered.
V/M.Stein said for.the record that if the City Attorney determines
the City is obligated to pay Touche Ross and, if the City is
obligated, did the Mayor, on his own, have the right to order a
$2,500.00 item without Council's consent.
V/M Stein MOVED to TABLE b) and c) to the 6/25/86 Council meeting
for a report from the City Attorney. C/M Stelzer said in devising
the new Letter of Intent, they have inserted to the regular
contract, "...In addition, we will document, review and test
internal control of the Utility Department for the purpose of
exploring the internal control with regard to that Department."
11
6/11/86
/pm
V/M Stein said it is impossible for Council to approve payment of
the amount of $2,500.00 and then have the City Attorney rule that
this did not have to be paid. He said if the City is legally
obligated to pay Touche Ross, they will be paid; however, if not
obligated, the City will not pay.
Mayor Hart asked if there is any question as to whether or not
this report was ordered by the former Mayor and, if so, is the
City legally responsible. Mr. Applegate said he will check this
further with the Finance Director to determine what is included in
Touche Ross's contract.
V/M Stein MOVED to TABLE this item to this afternoon with the
possibility that there might be a legal opinion by that time,
SECONDED by C/W Massaro.
VOTE:
LEGAL AFFAIRS
ALL -VOTED AYE
12. Agreements with Broward County_ - University Drive
between Cemmerej,al Bgulevard and Southgate Boulevard -
Discussion and possible action.
a) Agreement with Broward County for trafficways illumination-
Temp..Reso. #4180
b) Agreement with Broward County for trafficways beautifica-
tion - Temp. Reso. #4166
SYNOPSIS OF ACTION:
a) APPROVED.
b) APPROVED subject to plans
being submitted to the
Planning Commission.
RESOLUTION NO. R-86-207 PASSED.
RESOLUTION NO. R--86--208 PASSED.
a) Mr. Applegate read Temp. _Reso.__#4J80 by title.
Bill Greenwood, Director of Utilities/Engineering, said these two
agreements are pertaining to University Dr. and these Resolutions
contain the costs to the City to implement both the illumination
and beautification. He said staff recommends
approval.
V/M Stein MOVED APPROVAL of Temp . _ Rss4_, _ # 4l8 0 , SECONDED by
C/W Massaro.
C/W Massaro asked what type of lighting this will be and
Mr. Greenwood said the lights that will be installed will be the
standard sodium vapor which are yellow/orange and not the clear
white mercury vapor. C/W Massaro said these lights have very
little illumination and she asked if anything could be done.
Mr. Greenwood said not to the best of his knowledge.
C/M Gottesman said there was a complete study years ago regarding
sodium vapor high-pressure lamps with the findings that they
consumed half the power and provided the same amount of
illumination on the surface with a boon to safety by allieviating
shadows at night. Mr. Greenwood said there have been many
publications regarding this by FP&L and it has been enacted by the
State. He said it was mandated to the Utilities to change from
mercury vapor to sodium vapor.
Mr. Perretti said he has the report from FP&L in which they stated
they have converted everything over to sodium vapor and there is
nothing else that can be done.
V/M Stein said he agrees the lighting on 80 Ave. is not
sufficient; however, that has to do with the amount of lights and
where they are placed and not with the type of lighting.
12
6/11/86 r
/pm V
1
V/M Stein said.the City should determine whether the amount of
lights they are suggesting will be sufficient and, if not, request
them to install more.
V/M Stein said FP&L has noticed the City that they will stop
maintaining this since they do not have the equipment that is
required by State Law to service these lights and the County will
no longer provide the service. He said this will be done by the
Public Works Department at a cost of $10.00 plus maintenance
costs.
YQTE
ALL VOTED AYE
b) Mr. Applegate read Temp. Rgsox._#41r66 by title.
V/M Stein MOVED APPROVAL of Temp. Reso. #4166 subject to the plans
being submitted to the City Planning Commission, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
UTILITIES MST
9. gtilities,West -- Fluoridation - Discussion and possible action
on: .
a) -Report by staff
b) Approval of Addendum #2 to the design contract with Hazen
and Sawyer in the amount of $30,350.00
SYNOPSIS QF ACTION:
a) APPROVED.
b) APPROVED Addendum #2 (minus
$5,100 for the fluoridation
system addition) for a total of
$25,250. TABLED the amount of
$5,100 to the 6/25/86 Council
meeting for a report regarding
the total amount the City will
have to pay.
a) Mr. Greenwood said C/M Stelzer requested a memo pertaining to the
fluoridation project status, which is Engineering memo #6735 dated
6/9/86. He said their proposed implementation schedule for the
fluoridation project is as follows:
1. Receipt -of the grant offer on 6/30/86
2. Acceptance of the grant offer by the City on 7/9/86
3. Initiation of design on 7/9/86
4. Completion of design and securing of permits on 9/30/86
5. Request for authorization to advertise for construction bids
on 10/31/86
6. Council approval to award the construction contract on
11/12/86
7. Execution of contracts and initiation of construction on
11/27/86
8. Construction completion and startup on 2/27/87
C/M Gottesman MOVED APPROVAL of the report given by the Utilities
Director, SECONDED by C/W Massaro.
VOTE: ALL VOTED AY
b) Mr. Greenwood said staff is recommending approval of Addemdum #2
in the amount of $30,350.00 which includes the standby generator
and switch gear. He said these must be revised to accommodate the
new electrical loads.
f
13 /
6/11/86
/pm
Mr. Greenwood said the additional
by Council and staff has included
the Hazen and Sawyer contract and
management services for the above
and required.
fluoridation system was approved
the necessary design costs in
follow up construction/
tasks, which are both necessary
Mr. Greenwood said staff recommends approval and he noted that
Hazen and Sawyer's original design contract was approved by
Council in the amount of $192,100.00. He said approval of
Addendum #2 would increase Hazen and Sawyer's authorization to
$222,450.00.
C/M Stelzer asked how much of the amount of $30,350.00 is due to
the fluoridation and Mr. Greenwood said $5,100.00. C/M Stelzer
said the original projection was that that amount would be borne
by the City. Mr. Greenwood said the contract is set up by differ-
ent task orders and the Engine Generator Switch Gear Emergency
Power is Task Order #7 in the amount of $18,250.00 projected upper
limit. He said Fluoridation is Task Order #8 with an upper limit
of $5,100.00 and General Services with an upper limit of
$7,000.00.
V/M Stein said Engineering has been informed by the representa-
tives of the Fluoridation Program that they will not pay for the
required containment around the holding tank for the fluoride nor
the installation of the equipment, which is an approximate cost of
$16,000.00. He said the City will have to pay for these two items
which were not contemplated because the grant does not cover them.
V/M Stein said Council should not approve the amount of $5,100.00
unless it has been determined that the City will fallow up with
another amount of $11,000.00.
Mr. Greenwood asked if it is Council's intent to proceed with the
fluoridation project realizing that there are potential increases
in costs to the City. He said when dealing with a project that
has not been designed, the accuracy of the estimates is plus or
minus 25%.
V/M Stein said he is in favor of fluoridation but when this was
originally presented to the City, the representative said it would
be at no cost to the City except for a nominal cost of $5,000.00.
He said Council's approval was contingent on that and Council
should know what all the costs will be.
Mayor Hart asked if everything is tied in with the fluoridation
and Mr. Greenwood said the Emergency Generator is needed no matter
what Council does. He said that project is the generator that
will run the water treatment plant in case of a power failure from
a major storm. He said the General Services are on a per year
basis at a "cost not to exceed" type contract and those are needed
with or without proceeding with the fluoride project.
Mayor Hart suggested approval of everything except the fluorida-
tion amount of $5,100.00, which would be Tabled until a decision
is made whether to proceed.
V/M Stein MOVED APPROVAL of Addendum #2 in the amount of
$25,250.00, TABLING the amount of $5,100.00 to the 6/25/86 Council
meeting for a report as to the total amount that the City will
have to pay for the fluoridation project. SECONDED by
C/W Massaro.
I
Cl
I
14 /
6/11/86 ✓/
/pm
Sidney Walker, resident, asked how much the City is willing to pay
for the public benefit and Mayor Hart said this will be determined
after a report is received concerning this.
Tape 3
VOTE: ALL VOTED AYE
Mr. Applegate said a new Addendum #2 should be prepared and signed
by Hazen and Sawyer deleting "8.0" for a fluoridation system on
Page 1 and all references starting with "8.0" on Page 2 and
Page 3. He said any other language relating to fluoridation
determined by staff be deleted from this Addendum before it is
presented for signature. He said the City will need a signed copy
from Hazen and Sawyer prior to signature.
COMMUNITY DEVELOPMENT
20. Pebb u'ld'n ntru t Sayingsank - Discussion and
possible action on:
a) Site Plan - Temp. Reso. #4173
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) TUW Water and Sewer Utility Easement - Tip. Reso.
#4174
e) Public Safety Ingress/Egress Easement -- Temp. Reso_
#4175
(to be located on the southwest corner of University Dr. and
McNab Rd.)
,SYNOPSIS OF ACTION: RESOLUTION NO. R-86-218 PASSED.
APPROVED a) through e). RESOLUTION NO. R-86-219 PASSED.
RESOLUTION NO. R-86--220 PASSED.
a) Mr. Applegate read Temp. Reso. #417.3 by title.
Thelma Brown, City Planner, said this is Master File #18-85, the
zoning is B-5 and the number of acres are 6.221 with a total
square footage of 2890 square feet. She said the percentage of
plot coverage is 9% with 35% landscaping and a building height of
16 feet.
Ms. Brown said this item was before the Planning Commission for a
waiver of parking and was Denied and, when it was before the City
Council previously, the waiver of parking was Approved using 90
degree parking. She said there were staff comments to be correct-
ed and all have been rectified with the exception of the Certified
Florida Engineer stating that the turf block will support a 20 ton
vehicle.. She said that is not normally done until the stabilized
block is installed; therefore, this will be reviewed at time of
the building permit.
C/W Massaro asked if the ingress and egress permission has been
received from Broward County and Ms. Brown said yes.
C/W Massaro MOVED APPROVAL Temp. Reso. #4173, SECONDED by
V/M Stein.
VOTE: ALL VOTFD_AYE
b) C/M Stelzer MOVED APPROVAL of the Landscape Plan, SECONDED by
C/M Gottesman.
VOTE: AAjL VOTED _AYE
c) C/M Stelzer MOVED APPROVAL of the Water and Sewer Developers
Agreement, SECONDED by V/M Stein.
d) Mr. Applegate read Temp. Reso. #4174 by title.
15
6/11/86
/pm V
C/M Stelzer MOVED APPROVAL of Temp. Reg_q_, #4174, SECONDED by
C/M Gottesman.
VOTE:
e) Mr. Applegate read Temp. s 4175 by title.
C/W Massaro MOVED APPROVAL of Temp. Rescue #4175, SECONDED by
C/M Stelzer.
VOTE: ALL VOTED AYE
18. Beading Barn - Discussion and possible action on:
a) Site Plan - Temp. Res_Q , 14143
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Public Ingress/Egress Easement - Temp. so 4 44
f) Public Safety Ingress/Egress Easement - Temp.
Reso. #4145
g) Utility Easement - Temp. Reso_*„_#4146
h) Flo-Thru Easement - Temp. es #4 7
(to be located on the northwest corner of Commercial Blvd. and
NW 82 Ave.)
SSYYNQPiSI,S OF
ACTION:
RESOLUTION
NO.
R--86--209
PASSED.
APPROVED a)
through h).
RESOLUTION
NO.
R-86-210
PASSED.
RESOLUTION
NO.
R-86-211
PASSED.
RESOLUTION
NO.
R-86-212
PASSED.
RESOLUTION
NO.
R-86-213
PASSED.
a) Mr.
Applegate read
Temp. Reso._14143 by
title.
C/M
Stelzer MOVED
APPROVAL of TemR._Egso.
4143, SECONDED by
V/M
Stein.
V TE:
,ALL VOTED AYE
b) C/M Stelzer MOVED APPROVAL of the Landscape Plan, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
c) C/W Massaro MOVED APPROVAL of the Water and Sewer Developers
Agreement, SECONDED by C/M Stelzer.
VOTE: ALL VOTED
d) C/W Massaro MOVED APPROVAL of the Water Retention Agreement,
SECONDED by C/M Stelzer.
VOTE_: ALL VOTED AYE
e) Mr. Applegate read Temp. Reso. 14,E by title.
C/W Massaro MOVED APPROVAL of Temp, Reso..#4144 accepting the
Public Ingress/Egress Easement, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
f) Mr. Applegate read Temp. Reso. 14145 by title.
C/M Gottesman MOVED APPROVAL of Temp. Reso,_-#4145 accepting the
Public Safety Ingress/Egress Easement, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
16
6/11/86
/pm J
g) Mr-. Applegate read Temp. Reso. #4146 by title.
C/M Stelzer MOVED APPROVAL of.Temp,_ Reso. #4146 accepting the
Utility Easement, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
h) Mr. Applegate read Temp. Reso. #4147 by title.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #4147 accepting the
Flo-Thru Easement, SECONDED by C/M Stelzer.
YQTE : ALL MTED AYE
GENEDMINISTRATIVE/FINANCIAL
6. Social,Servicgs„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 (tabled from 5/28/86).
SYNOPSIS OF ACTION:
APPROVAL was given as
outlined in the Minutes.
.Helen Sobel, Chairperson of the Social Services Board, said at the
last Council meeting, the City Manager was authorized to investi-
gate the means of acquiring a_van, either by lease or purchase.
She said Council has received a recommendation from both the City
Manager and the Public Works Director verifying the need for a new
van.
Mrs. Sobel
said after the City Manager's investigation,
it was
noted by him
that there are vans available for immediate
purchase
that could
be taken from the Contingency fund. She said
this
would allow
purchase now rather than postponing this for
sometime
in January,
1987.
C/M Stelzer MOVED APPROVAL of Option #3 to purchase a van for
$15,500.00 from Morse Dodge with the funds taken from the
Contingency Fund. SECONDED by C/W Massaro.
V/M Stein said the City did not go to bid on this and he question-
ed whether the City can deal with just one private vendor on this
item. Mr. Applegate said he would assume that under the City
Code, the City would have to go to bid for the purchase of a van.
Mr. Perretti said in Broward County, this is the sole source if an
immediate purchase is required. He said they have contacted the
dealers of Chevrolets, Fords and Dodges and this is the only one
that has vans on the property.
V/M.Stein noted that if the City Manager will certify to Council
that this is the sole source, then the bid procedure is not
necessary. Mr. Perretti said he will give this report to Council.
C/M Stelzer AMENDED his MOTION to include the certification by the
City Manager to Council that this is the sole source for immediate
delivery of this item. He said if this is not a sole source item,
the City Manager is authorized to advertise for bids on this item.
C/W Massaro, as the SECOND, agreed.
yQTE:
ALL VOTED AYE
17
6/11/86
/pm
LEGAL AFFAIRS
10. EMERGENCY ORDINANCE - Code Eafoxcg,.Mgnt_SQArd - Temp.
Ord. #1266 - Discussion and possible action to create a new
City Code Chapter entitled "Code Enforcement Board". First
and Second Readings as an Emergency Ordinance.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-86-33 PASSED.
APPROVED on first and second
readings as amended.
Mr. Applegate read d 1266 by title for first reading.
V/M Stein said at the last election there was a referendum passed
providing that this Code Enforcement Board be established by the
City with a time period"involved. He said when the first reading
was held sufficient time had not been established and it was;
therefore, illegal. He said in order to comply with the Charter
Amendment, Alan Ruf, the Acting City Attorney at that time,
suggested that the City put this through as an Emergency Ordinance
with any public hearings being held at a later date.
V/M Stein MOVED APPROVAL of Temp. Qrd,1266 on first reading,
SECONDED by C/M Stelzer.
C/M Stelzer noted that the changes he had suggested were incorpor-
ated into this draft of Temp. Ord. #1266. Mayor Hart said he had
some changes to suggest on Page 4, Section 4, Paragraph 3, "Any
realtor shall be licensed under Laws of the State which licenses a
Real Estate Broker as either a Broker or a Sales Person or shall
possess similar qualifications under the laws of other States or
shall have actual experience deemed by the Council to be
equivalent. The Realtor shall also hold a current and valid
Occupational License issued by the City." He suggested the
language, "...issued by the City" be stricken because a resident
of the City may operate legally with a Real Estate License in
Coral Springs or another City. V/M Stein said he accepted that
amendment.
Mayor Hart referred to Paragraph 4 of Section 4, which reads, "Any
business person shall be actively engaged in any lawful business
within the City and shall hold a current and valid Occupational
License issued by the City." He suggested the language which was
added to all other qualifications be added, "...or shall have
actual experience deemed by the Council to be equivalent."
V/M Stein accepted this amendment as well.
Vickie Beech, resident, asked how this would avoid a conflict of
interest and Mr. Applegate said the Council will appoint members
to the Code Enforcement Board and, until those appointments are
made, there can be no conflict of interest.
V/M Stein said there is always the possibility that someone on the
Board might have a conflict of interest and it would be their
responsibility to notify the Board that this conflict exists.
Mr. Applegate said if it is brought to his attention that there is
a conflict of interest under Florida Statutes then that member
would be advised he must file a memo regarding Conflict of In-
terest within 15 days with the Clerk of the Board.
C/W Massaro questioned what would constitute a "Conflict of
Interest" and Mr. Applegate said under the 1985 Amendment to the
Conflict of Interest Law, Chapter 112 of the Florida Statutes, the
current interpretation of that Amendment is that there must be a
direct financial interest in the matter.
Melanie Reynolds, resident, asked if the Resolution appointing the
City Attorney as Counsel for this Board will go along with this
Ordinance or would be drafted after the Public Hearing. Mayor
Hart said this would have to be decided yet.
i1
fl
18
6/11/86
/pm
Mrs. Reynolds asked if anything was done about the Code
Enforcement Board in Tallahassee and Mayor Hart said he has copies
of the Bills that were passed by the present Legislature and have
been passed by both Houses. He said they have not been signed by
the Governor as yet.
Mr. Applegate said Chapter 162 will be one of the Florida Statutes
which will constantly be amended.
VOTE: ALLYQTED_A
Mr. Applegate read Temp. Qrd. #1266 on second reading by title.
V/M Stein MOVED APPROVAL of Temp. Ord. #1266 as amended, on second
and final reading, SECONDED by C/M Gottesman.
TE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
19. Faan Plat Project - Discussion and possible action on:
a) Waiver of payment of traffic impact fees until considera-
tion of the site plan (tabled from 5/28/86)
b) Plat - Temp. Reso. .I4169
c). Development Order - Temp. Reso. #4170
d) Development Review Agreement
e) Water Retention Agreement
f) TUW Water and Sewer Utility Easement - Temp. Reso,
#4171
g) Well Easement - Temp,gaso. 14172
(to be located on the southeast corner of University Dr. and
NW 64 St.)
SYNOPSIS OF BCTION: RESOLUTION NO. R-86-214 PASSED.
APPROVED a) through g). RESOLUTION NO. R-86-215 PASSED.
RESOLUTION NO. R-86-216 PASSED.
RESOLUTION NO. R-86-217 PASSED.
EDITOR'S NOTE: The following checks were presented at the meeting:
$17,500.00 - Water Retention
1,300.00 - Drainage.Improvements
a) C/W Massaro asked if the Code requires that this be paid at either
site plan or plat and Thelma Brown, City Planner, said the Code
stipulates at "site plan approval". She said a waiver is needed
because originally the money was collected for the Traffic Impact
Fee on the Ordinances that have proceeded on Plats. She said this
developer had taken into account the new Ordinance and did not
provide for payment of fees at time of plat. She said he is
asking that this be a deviation from normal policy but not a
deviation from the Ordinance.
V/M Stein MOVED APPROVAL of the waiver of the payment of the
traffic impact fees on this item until consideration of the site
plan, SECONDED by C/M Stelzer..
VOTE
ALL VOTED AYE
b) Mr. Applegate read Temp.--Reso. #4169 by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #4169, SECONDED by
V/M Stein.
YQTE:
ALL VOTED AYE
c) Mr. Applegate read Temp, Rgso.4 70 by title.
19 6/11/86 �J
/pm
V/M Stein MOVED APPROVAL of TpmR. Reso.4170, SECONDED by
C/M Gottesman.
C/W Massaro asked if this has been checked carefully and
Dan Oyler, representative of the applicant, said this was rezoned
to B-2 by Court Order, along with an S-1 buffer strip to the east
of the property. He said that property will be developed under
the City's existing B-2 Ordinances.
VOTE: ALL VOTED AY
d) V/M Stein MOVED APPROVAL of the Development Review Agreement,
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
e) C/M Stelzer MOVED APPROVAL of the Water Retention Agreement,
SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
f) Mr. Applegate read Temp. Reso. #4171 by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #4171 accepting the TUW
Water and Sewer Utility Easement, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
g) Mr. Applegate read Temp. Reso,4172 by title.
C/M Stelzer MOVED APPROVAL of Temp. Rgso. #4172 accepting the Well
Easement, SECONDED by C/W Massaro.
Tape 4
VOTE: ALL_VOTED AYE
21. Unj,vgrsity_and McNab Plat Project - Discussion and possible
action on:
a) Plat - Temp. Reso. #4176
b) Development Order - Temp.-Reso. #4177
c) Development Review Agreement
d) Water Retention Agreement
e) Water, Sewer and Drainage Easement -Temp, Reso.
#4184
(to be located on the lands surrounding California Federal
Bank at the northwest corner of University Dr. and McNab Rd.)
SYNOPSISDF_ ACTION: RESOLUTION NO. R-86-221 PASSED.
APPROVED a) through e). RESOLUTION NO. R-86-222 PASSED.
RESOLUTION NO. R-86-223 PASSED.
EDITOR'S NOTE: The following checks were submitted at the meeting:
$14,000.00 - Water Retention Agreement
1,040.00 -- Drainage Fees
a) Mr. Applegate read Temp. Reso._14176 by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #4176 approving the
plat, SECONDED by V/M Stein.
Yam:
ALL VOTED AYE
b) Mr. Applegate read Temp. Reso. #4177 by title.
C/W Massaro MOVED APPROVAL of Temp. Reso. #4177 accepting the
Development Order, SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
20 6/11/86
/pm
fj
11
1
c) C/W Massaro MOVED APPROVAL of the Development. Review Agreement,
SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
d) V/M Stein MOVED APPROVAL of the Water Retention Agreement,
SECONDED by C/W Massaro.
VOTE:
ALL VOTED AY
e) Mr. Applegate read Temp. Rgso,, #4184 by title.
C/M Stelzer MOVED APPROVAL of Te s 4 84 accepting the
Water, Sewer and Drainage Easement, SECONDED by C/M Gottesman.
yQTE:
ALL VOTED AYE
22. Portobello - Discussion and possible action on:
a) Plat - Temp. Reso. #4181
b) Development Order - Temp-, Rgso. #4182
c) Development Review Agreement
d) Water Retention Agreement
e) TUW Water and Sewer Utility Easement - TeM,p. Reso.
#4183
(to be located at the southwest corner of University Dr. and
NW 82 St.)
,SYNOPSIS OF ACTION: RESOLUTION NO. R-86--224 PASSED.
APPROVED a) through e). RESOLUTION NO. R-86-225 PASSED.
RESOLUTION NO. R-86-226 PASSED.
a) Mr. Applegate read Temp. Res . #4181 by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #4181 approving the
plat, SECONDED by V/M Stein.
TE ALL VOTED AYE
b) Mr. Applegate read Temp.�geso. #4182 by title.
C/M,Stelzer MOVED APPROVAL of Temp. Reso..U182, approving the
Development Order, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
c) V/M Stein MOVED APPROVAL of the Development Review Agreement,
SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
d) V/M Stein MOVED APPROVAL of the Water Retention Agreement, SECOND-
ED by C/M Stelzer.
VOTE:
ALL VOTED AYE
C/W Massaro said they have dedicated a certain amount of land and
she questioned whether that was included in the amount of area on
which they must pay a Water Retention Fee. Thelma Brown, City
Planner, said it is included since the overall gross acreage is
what is calculated.
e) Mr. Applegate read Temp, Rgso.4183 by title.
C/W Massaro MOVED APPROVAL of Temp. Reso. #4183 accepting the
Water, Sewer and Drainage Easement, SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
21
6/11/86
/pm
Mayor Hart recessed the meeting to 1:30 p.m. for lunch.
Mayor Hart called the meeting to order at 1:30 p.m. with all
Council present.
CGENE_1RAL ADMINISTRATIVE/PIN,&NCIAL
5. Touche Ross & Co. —Auditors 7 Discussion and possible action
on:
a) Selection of this firm to perform an audit for FY 1985/86
(tabled from 5/20/86)
b) Invoice #1490 in the amount of $2,500.00 dated 5/28/86, in
connection with services rendered relating to investments
of the City.
c) Action to recover
SYNOPSIS OF ACTION:
(See Pages 11 & 12).
a) The City will continue to retain
Touche Ross for FY 85/86 at a
cost of $19,000 and they will
audit the Utilities Department
as part of their contract.
b) APPROVED.
c) TABLED at the request of the
City Attorney.
c) V/M Stein MOVED to TABLE c) at the advice of the City Attorney,
SECONDED by C/M Stelzer..
yQTE: ALL YQTED AYE
b) V/M Stein MOVED APPROVAL of payment of Invoice #1490 in the amount
of $2,500.00 dated 5/28/86 for services rendered relating to
investments of the City, SECONDED by C/M Stelzer.
V/M Stein said the Letter of Engagement with Touche Ross stipu-
lates that the City will pay per hour the usual rate for any
additional work that is ordered. He said Council agrees that
Touche Ross is; therefore, entitled to this amount which is owed
to them since they are not supposed to investigate whether the
Mayor has the authority to order work done.
VOTE: ALL VOTED AYE
a) V/M Stein MOVED to continue the contract to retain Touche Ross &
Co. for FY 85/86 at the annual fee of $19,000.00. SECONDED by
C/W Massaro.
C/W Massaro questioned whether Touche Ross has agreed to the audit
of one department as was agreed to in previous years. C/M Stelzer
read a paragraph from the contract, "In addition, we will doc-
ument, review and test internal control of the Utility Department
for the purpose of expanding our internal control recommendation
with regard to that department."
C/M Gottesman asked if this new contract includes an option for
next year and C/M Stelzer said no.
TE: ALL VOTED AYE
d
22
6/11/86
/pm
COMMUNITY DEV.ELOPME
24. Woodmont Tract 72-A - Discussion and possible action on:
-a) Model sales facility
b) Waiver of the 3.00-foot distance requirement for issuance of
certificates of occupancy
SYNOPSI5 OF ACTION:
a) APPROVRI� for 6 months
from 6/11/86 and to expire
12/1-1/8.6.
b) APPROVED.
a) Bob Jahn, Chief Building Official, said TR 72-A is on the north
side of 70 St. and staff recommends approval.
C/W Massaro MOVED APPROVAL of the model sales permit, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
b) C/W Massaro MOVED APPROVAL of the waiver of the 300-foot distance
requirement for issuance of certificates of occupancy, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
Morris Brown, representative of Morgan, Lewis & Bockius, Attorneys
for the ESM matter, presented Mayor Hart with a check representing
the first distribution from the bankrupt estate of ESM in the
amount of $1,558,104.71.
UTILITIES WEST
8. utilities Wgst - Bond --Issue - Discussion and possible action
on:
a) Report by Underwriters on sale of bonds.
b) Temp. Reso. #4168 - A Resolution providing for the
issuance of water and sewer utility revenue bonds, Series
1986, of the City, awarding the bonds to the underwriter,
setting the bond terms, approving bond form, providing
for the amount of the bonds, authorizing the execution,
delivery and distribution of a preliminary and final
statement, authorizing the execution and delivery of
closing documents.
SYNOP I F ACTIO :
a) ACCEPTED V/M Stein's report.
b) APPROVED as amended.
a) V/M Stein said as requested by this Council, the underwriters have
sent a report which was received by the Finance Director this
morning. He said this was not put on the agenda this morning
because Council wanted Gerald Heffernan, Bond Counsel, to be
present to answer any questions that might arise.
V/M Stein said the market opened yesterday in variable amounts
with an overall of 8.1 with a maximum of 8-3/8. He said the City
has complied with the wishes of the residents by advertising in
the newspaper to notify them that there are bonds to be reserved
and approximately 15 people did so. He said once this is given to
the underwriter and he turns it over to the people on Wall St., a
person would have to go on the market to buy them.
23
6/11/86
/pm
V/M Stein said the underwriters have already signed their part of
the contract and it is up to the City to approve this by Resolu-
tion. He said there were two slight changes in that two dates
have to be removed, "1997" and "1998" since there was no market
for those two years. He said those two years were added to the
"2011" bonds.
V/M Stein said because of the market situation, the shorter term
bonds were not attractive to most people and the outcome was that
close to 10 million dollars will be in the 2011 bonds with
approximately 3 million dollars in the shorter terms. He said
those were the only changes made and as soon as action is taken, a
call will be made to New York to make this final.
V/M Stein said there is a problem since under the City's present
Ordinance, the City cannot put money in banks except in
$100,000.00 amounts. He said that would mean use of 126 banks at
this moment and they are trying to get 3 or 4 banks together who
will pledge government securities with NCNB so that the money can
be deposited with them. He said they have not been successful so
far since only one bank has agreed to do this.
V/M Stein said if they do not succeed with this the City will have
to deposit the money ih Treasury Notes until a legal place can be
found. He said they will wire the money from New York to the bank
to avoid losing even one day's interest, which is computed at
approximately $2,000.00.
C/W Massaro said V/M Stein stated that the rate on $2,011.00 was
8-3/8 and she noted it was her understanding that those bonds are
selling at 8--1/8. V/M Stein said the interest rate on the bond is
8 1/4; however, they will be sold at 99-1/2, which computes the
yield as 8-3/8.
V/M Stein said the Finance Director distributed a package to
Council this morning which would be the latest rate. He said
yesterday at 4:00 p.m. he received a call from the underwriter
that at the close of the market (he referred to Schedule I - See
Attachment 1), for the rates. He said they are from 4.75 to 7.40
with the term bonds for year 2011, interest rate 8-1/4, priced at
99-1/2.
C/M Stelzer MOVED ACCEPTANCE of V/M Stein's report, SECONDED by
C/M Gottesman.
VOTE:
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
C/W Massaro asked Mr. Heffernan how this could come in at one
price with the brokers offering it at another price.
Gerald Heffernan, Bond Counsel, said the Schedule they received
noted this was priced at 8-1/4 and he could not answer why someone
would give a quote of 8-1/8 over the phone. He said it could be
that the broker was not advised of the actual numbers and
Frank Etheredge, Finance Director, said no one had the numbers
last night or this morning.
b) Mr. Applegate read Temp. Reso. #4168 by title.
Mr. Heffernan said on Page 2, Section 1, the amount of
"$12,700,000.00" should be inserted and on Page 5, Section 14, the
following language should be added:
"The City hereby covenants to comply with any and all changes to
the Federal tax laws which are necessary to maintain the tax
exempt status of the Series 1986 Bonds and hereby authorizes...".
24 %
6/11/86
/pm J
Mr. Heffernan said they have a signed Bond Purchase Agreement from
Rothchild which should be signed by the City this afternoon.
C/W Massaro asked if Rothchild will be buying these bonds and
Mr. Heffernan said Rothchild buys them and sells them. He said
Rothchild has marketed the bonds and solicited offers from
purchasers for orders on these bonds. He said they purchase them
from the City and then it is their responsibility after today to
distribute them.
C/W Massaro said the City will pay 8-3/8 and V/M Stein said the
City is paying 8--1/4 but is selling the bonds at 99-1/2 with a
yield of 8-3/8. Mr. Heffernan said Schedule 4 (See Attachment 2)
is a Debt Service Schedule which shows what the City will pay each
year between now and the year 2011. He said it has broken down
the principal amount paid, the coupon interest rate being paid,
the interest for that period as well as the total amount per year
for those funds.
Mr. Heffernan said this is calculated at 8.25 and is almost a
level Debt Service. He said the bond closing is scheduled for
next week and the bonds will.be sold with the money transferred on
Wednesday, 6/18/86.
V/M Stein MOVED APPROVAL of Temp. Reso. #4168 as amended,
SECONDED by C/M Stelzer..
Melanie Reynolds, resident, asked Mr. Heffernan why the amount was
$12,700,000.00 and not $12,600,000.00 and Mr. Heffernan said the
amount was originally calculated to be $12,620,000.00 but is now
$12,700,000.00 because it is necessary to pay a price of 99-1/2 as
opposed to 100% when the bonds were priced.
Mrs. Reynolds said when these bonds were voted on by the resi-
dents, it was understood that it would be for spray irrigation
and; therefore, when the bonds were validated, there was no
protest.made because everyone agreed to that. She asked if this
bond issue is legitimate because the residents did not vote on
this manner of use.
V/M Stein said the question that the people voted on concerned
wastewater and had nothing to do with spray irrigation, deep well
or the 201 Program. He said it was called "Capital Improvements".
Morris P. Sarner, resident, asked what any change in Federal law
regarding non-taxable amounts of municipal bonds has to do with
the sale of these bonds. Mr. Heffernan said the reason this
covenant is needed is because as next week the bonds will be tax
exempt and the City is giving an opinion to that effect, except
there is one provision in the law, which has been proposed in the
House of Representatives last December, which must be complied
with. He said if this does not pass, it will not be necessary to
comply with it; however, if it is enacted into law, the City must
comply with it.
Mr. Heffernan said this kind of statement is not unusual for bond
transactions because many times laws can change and there are
technical compliance requirements that must be made to maintain
the tax exempt status on the bonds. He said this is a safety
measure to insure the bond holders, in the event something does
change in the next 6 months or 2 years, that compliance will be
made.
V/M Stein said the schedule states that if there are any require-
ments that the City must do to continue the tax exempt status of
these bonds, the City will order this to be done to comply.
25
6/11/86
/pm
VOTE•
C/M Gottesman
C/M Stelzer
C/W Massaro
V/M Stein
Mayor Hart
COMMUNITY DEVELOPMENT
Absent
Aye
Aye
Aye
Aye
26. All -Saints Lutheran Church - Site Plan - Temp. Reso.
#4178 - Discussion and possible action to extend a site plan.
SYNOPSIS OF ACTION: RESOLUTION NO. R--86--227 PASSED.
APPROVED extension to
9/12/86.
Mr. Applegate read Temp. Reso. #4178 by title.
Tape 5
Bob Jahn, Chief Building Official, said this is B-6 zoning,
Master File #66-76A. He said this is located on the north side of
McNab Rd. between 80 Ave. and University Dr., is 3.44 acres with
21,777 total square footage and 15% of lot coverage.
Mr. Jahn said the site plan expired in September, 1985 and,
through an oversight, the church did not apply for an extension
before the expiration until now. He said it was his opinion and
that of staff that such a situation could happen to a church and
if the City did not accept the extension, they would have to begin
again with their site plan. He said this would not be considered
as setting a precedent.
Mr. Jahn said the site plan was approved in 1984 and was effective
for one year unless permits are pulled or work is done; therefore,
it expired in September, 1985.
C/W Massaro asked if any regulations have changed that Council
should be aware of and Mr. Jahn said the things that were request-
ed were:
1. Addition of the berm (which was not shown on the previous
plan) .
2. That they make the notes that the ceiling be repaired to fix
the parking.
3. That they should show the width of the utilities, which was
not shown properly before.
4. That the fire hydrant be moved to coincide with the location
shown on the plat.
C/W Massaro asked if the impact fees were in effect at the time
when this plan was approved and Mr. Jahn said they were not.
Mr. Jahn said the four items mentioned above have already been
corrected. She questioned whether Council has the authority to
waive the impact fees with this extension and Mr. Applegate said
if the waiver provision is in the Code than Council has the right
providing the extension relates back to the original date.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #4178 extending the site
plan from September, 1985 to September, 1986. SECONDED by
C/M Massaro.
VOTE: ALL VOTED AYE
I
26
6/11/86
/pm
I
I
1
PUBLIC HEARING
16. Employee Eptirement Plan -- Temp. Ord. #1253 - Discussion and
possible action to amend Chapter 19 of the Code regarding
contributions of employees and the City to this Plan. Second
Reading.
SYNOPSIS QF ACTION:
APPROVED on second and
final reading as amended.
ORDINANCE NO. 0-86-34 PASSED.
Mr. Applegate read Temp. Ord. #1253 by title.
Mayor Hart opened and closed the public hearing with no response.
Mr. Perretti said he would like to request a percentage change in
the Ordinance since the general employees have voiced their desire
to make a 5% contribution to the Plan as the Firefighters and
Police are doing now. He said at the last meeting of the Pension
Board they decided to send out a questionaire to the general
employees asking them to vote for or against an increase in their
contributions. He said they just received the results yesterday
and the majority of the general employees, which includes Super-
visory, Managerial, Confidential and the FPE employees, overwhelm-
ingly approved having 5% contributed instead of 1%.
Mr. Perretti said he is requesting the Ordinance be amended as
follows:
- Page 1, Paragraph A, where it reads "...contributions at a
rate of 1% of earnings..." be changed to "5% of earnings".
- Page 3, Paragraph E, "1$" should be changed to "W .
C/M Stelzer said on Page 1, Line 25, the word "except" should be
changed to "and".
Mr. Perretti noted that any paragraphs that refer to "1%" should
be -changed to "5$11.
C/M Stelzer said on Page 3, Line 16, the language "other than"
Police Officers and Firefighters..." should be changed to "and".
Mr. Applegate said that change should also be made on Page 3, Line
25 and will read, "Effective June 1, 1986, the City will reduce
the amount of base pay which is distributed on a current basis by
5% to all employees of the City who are participating in the
retirement plan."
C/M Gottesman MOVED APPROVAL of T mp., Ord--#1253-on second and
final reading as amended, SECONDED by C/M Stelzer.
VOTE:.
LEGAL AFFAIRS
ALL VOTED AYE
11. Cguncil Rulgs nd P c du es - TeMp. .agso. 441.67 - Discussion
and possible action to amend Resolution 86-191 concerning the
date these new procedures will become effective.
SYNOPSIS OF ACTION:
APPROVED with an effective
date of 9/1/86.
RESOLUTION NO. R-86-206 PASSED.
Mr. Applegate read Temp. Reso. #4167 by title.
Mayor Hart noted that this Resolution makes the effective date
9/l/86 though there have been some public hearings that have been
advertised and scheduled.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #4167, SECONDED by
C/W Massaro.
27
6/11/86
/pm
C/W Massaro asked what the procedures will be and Mayor Hart said
so. 413 , which set up the procedures, reads, that the
first Council meeting of the month will start at 1:00 p.m., recess
for dinner at 5:00 p.m. to 7:00 p.m. and then continue in the
evening with public comment from 7:00 p.m. to 7:30 p.m. He said
the second Council meeting of each month will be a day meeting as
scheduled today except that there will be a period for public
comment from 11:30 a.m. to noon.
VOTE:
ALL VOTED AYE
13. Investments of City Funds - Temp. Reso. #4025 - Discussion and
possible action to establish procedures for investment
transactions (tabled from 3/12/86 and 3/26/86).
SYNOPSIS OF ACTION:
TABLED to the 6/25/86 Council
meeting for further review by
Council.
Mr. Applegate read Temp. Reso. #4025 by title.
Frank Etheredge, Finance Director, said at the time this item was
Tabled, there were some questions and he was uncertain if they
were resolved.
C/M Stelzer MOVED to TABLE this item to the 6/25/86 Council
meeting for further review, SECONDED by C/M Gottesman.
VOTE:
ALL VOTEDAYE
14. Vehicle. Boat or Trailer Parking in violation of Code
Chact_gr 15 - Temp. Ord. #1268 - Discussion and possible action
to amend Chapter 15 by creating a new Subsection 15 3.3 to
provide for a presumption that any motor vehicle, recreational
vehicle, trailer, boat or boat trailer, motor home or
commercial vehicle parked in violation of this Chapter shall
be presumed to have been parked illegally by the owner. First
Reading.
SYNOPSIS OF ACTION:
APPROVED on first reading.
Mr. Applegate read Temp. Ord. #1268 by title.
C/M Stelzer said he spoke to the Police Chief and he would like to
know how this differs from the State Uniformed Traffic Control
#316.1967 since the language is almost identical. Mayor Hart said
there is no difference.
V/M Stein said since the City Attorney is new he would like this
APPROVED on first reading for further discussion on second reading
and he so MOVED, SECONDED by C/M Stelzer.
VOTE•
ALL VOTED__AYE
15. Employee Retirement Plan - Discussion and possible action on
recommendations by the Pension Board regarding increased
benefits (tabled from 5/14/86)
SYNOPSIS -OF ACTION:
TABLED.
Mr. Perretti said this was Tabled so that a formula for Council's
review could be broken down and voted on separately. He said he
objected to lowering the normal retirement age for Firefighters
from 55 to 50 that would require an additional City contribution
of $15,544.00.
7
1
1
28
6/11/86 'r
/pm �f
Mr. Perretti said all of the other areas on this Increased Benefit
Formula are recommended since the City was far behind the rest of
the State in the area of contributions and employees contribu-
tions.
Mr. Perretti said the other area behind the times is the City's
vesting schedule. He said the City has had a 15 year graduated
schedule ever since its existence and the request is to lower the
vesting schedule to 10 years. He said either schedule would have
almost no financial impact on the City's contribution to the Plan
and once the Pension Board receives Council's approval, the
Trustees will determine the actual vesting schedule based upon the
input from the Actuaries.
Mr. Perretti said he recommends Approval except for Item 2 on
the memo of Judy Deutsch, Personnel Director, dated 5/27/86 (See
Attachment 3).
V/M Stein said he agrees with Mr. Perretti about not reducing the
age of retirement for Firefighters because this recommendation
would not only reduce the age but would allow that person to
continue working. He said the City originally proposed that if
the retirement age was reduced the employee would automatically
retire.
Mr. Perretti said he feels lowering of the retirement age is a
negotiable item for bargaining. V/M Stein said the City is ready
to negotiate contracts with the unions and, if this is approved
now, there would be nothing further to negotiate. He said he
feels.the Council should wait since negotiations.should be held
with.the unions first with benefits then given to the general
employees.
Mr. Perretti said the FOP union for the Police. Officers and the
IAFF union for the Firefighters are the only two unions that have
negotiations open this year. He said.the general employees'
contract does not expire until 9/30/87. V/M Stein said whatever
benefits are negotiated with the two unions this year would be
entitled to be given to the general employees.
C/M Stelzer said the vesting in the City is graduated from 15
years and he noted that the intent for vesting in any Pension Plan
is to keep the employees as long as possible. He said if the
vesting is changed so that the employee has an interest after 5
years, he questioned whether employees would stay longer.
Mr. Perretti said statistically throughout Florida, a person with
10 years of service in either the private or public sector is
rare. He said most people come and go before that time. He said
even if the employee left prior to 10 years, the way the formula
reads now, their contributions are frozen and all they would
receive is the amount they put in plus any interest. He said;
therefore, the City would not be losing anything.
V/M Stein questioned for the record whether whatever Council does
with the vesting would not be a cost to the City. Mr. Perretti
said either schedule would have almost no financial impact on the
City.
C/M Stelzer said vesting would entitle an employee that.is leaving
the City to receive whatever contributions he put in as well as
the contributions the City put in. Mr. Perretti said the only
time an individual, prior to actual vesting, whether 10 or 15
years, would ever receive 100% vesting would be if they retire.
He said if that person resigns or is terminated they do not get
anything from the Pension Plan except their contributions.
29 6/11/86
/pm
Joe O'Loughlin, Police Department representative to the Pension
Board, said from past experience, the FOP has taken the position
that Pension benefits are not a negotiable item. He said he has
no reason to believe they will change this position in the future.
Mr. Perretti said he recognizes this position; however, two years
ago the State Law changed and the City has the right to use this
option for negotiations.
C/W Massaro MOVED to TABLE this item, SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
17. Woodmont Plaza - TeMp. Resp.._#4138 - Discussion and possible
action on a request to extend a Special Exception granted to
Jack Lalanne Health and Fitness Center regarding expansion of
facility (tabled from 5/14/86)
SYNOPSIS OF ACTION:
REMOVED from the agenda
as the applicant withdrew
his request.
Mr. Applegate noted that a Resolution was not prepared for this
item.
V/M Stein said he had the Chief Building Official deliver a Notice
of Violation this morning. He said Jack Lalanne Health and
Fitness Center must move out by 6/30/86 and, if they do not, this
violation can be prosecuted. He said nothing must be done because
they asked for 30 days and this was granted with the issuance of
this citation noticing them that they have to 6/30/86 to vacate
this facility.
C/M Stelzer MOVED to REMOVE this item from the agenda, SECONDED by
C/W Massaro.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
30. C:ij;y UsIll FQgfing Repair - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by,Consent on Page 1
APPROVED Public Works Director's
recommendation to make repairs.
C/M Stelzer said Council has received a memo from the Public Works
Director which states that the staff does not recommend a complete
reroofing job of City Hall and they recommend repairs be made to
the existing roof to minimize existing problems and allow existing
allocated funds to be retained by the City.
C/M Stelzer MOVED that Council ACCEPT the recommendations of the .
Public Works Director, SECONDED by C/W Massaro.
VOTE: ALL ,yOTED AYE
31. Sta:tp_Inyestment Pool - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
The City Attorney was authorized to
contact the Head of the Fund concerning
wiring funds directly to Tallahassee
from the City's bank.
30
6/11/86
/pm
[I
1
1
SYNOPSIS OF ACTION: Cont'd.
After this investigation,
the City Attorney is
to draft an Ordinance for a Charter.
Amendment for the November election
to invest in this. State Fund without
having to be backed by the Federal
Government.
V/M Stein said the City will continually be bothered with the
problem of where to put the City's money. He said many people
advise putting this in Treasury Notes but when the Ad Valorem
taxes are due there is a problem since the Treasury Notes earn 5%
or 6% as opposed to 8% on bonds. He said that percentage on
millions of dollars is very substantial.
V/M Stein said in reviewing all options, they discovered that
Florida has a fund for municipalities and they have been told that
there are 3 billion dollars in this fund. He said because of this
enormous.amount,,they.do.not need the Federal Government to insure
them. He said under Tamarac's Charter they could not.give them
any money because they are not insured by the Government.
V/M Stein said all of their investments are based upon 90 days and
he noted that a Charter Amendment is needed to invest in this
fund.
V/M Stein noted that two of the largest members of this State Fund
are Broward County and the Broward County School Board. He
suggested Council authorize the City Attorney to draft an Ord-
inance which can be proposed as a Charter Amendment in November.
Mr. Perretti said the State, -at this moment, pushes commercial
paper and they noted that they would be ready, on a temporary
basis to designate some money into Government Bonds as long as
they knew that Tamarac was going to go on referendum. However, he
said, once this went to referendum and was approved, they want
this moved in 90 days with commercial paper.
Mayor Hart said the City Attorney will draft this Ordinance and
the City can then amend this before the election. Mr. Perretti
noted that this would have to be.in the Supervisor of Elections
office by September 5 and, because of the August recess, would
have to be decided on.at the last Council meeting in July.
C/W Massaro said,she would.like the City Attorney to research
whether the City can invest in the State fund and.have it ear-
marked for Treasury Notes temporarily. V/M Stein said the State
would not accept the City's money now because of the Charter
stipulation that it be insured by the Federal Government; however,
they are willing to send Tamarac a notice that whatever is invest-
ed by Tamarac would be segregated for Federal Government backing
but only on a temporary basis.
Mr. Applegate said he will routinely investigate any Ordinance or
law that he would draft.
V/M Stein MOVED to authorize the City Attorney to contact the Head
of the Fund concerning wiring funds directly to Tallahassee from
the City's bank. After this investigation, the City Attorney is
to draft an Ordinance for a Charter Amendment for the November
election to invest in this State Fund without having.to be backed
by the Federal Government, SECONDED by C/W Massaro.
C/M Gottesman said the public should be informed to avoid con-
31
6/11/86
/pm
fusion and Council members said that is what the referendum is
for.
Tape 6
Vickie Beech, resident, said the Charter stated that the
securities of the City must be held in Broward County and not
Tallahassee. V/M Stein said that is why an opinion letter is
needed from the City Attorney.
VOTE: ALL VOTED AYE
32. Salary Adjustment for Charlotte to Dressler,_TUW Employee -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
Council disapproved of this
until their are further
discussions.
C/M Stelzer said he was not present when the 6 month budget was
prepared; however, he reviewed them thoroughly and he questioned
an increase request for Charlotte Dressler of TUW. He said the
information sent to him from the department, shows a change from
Accounting Office Manager to Supervising Accountant and said
nothing about salary increases or classifications and, on the
budget itself, it was impossible to discern whether any increases
were contemplated because there were minuses and pluses.
C/M Stelzer said on 6/3/86 a memo was sent to Mayor and Council
and he checked the budget papers to discover they stated on the
bottom, "to equalize job responsibilities, positions within the
City... Accountant Office Manager to Utility Billing Manager".
C/M Stelzer said the last information he received refers to
"Accountant Office Manager" being changed to "Supervising
Accountant". He said they penciled in a salary increase from
$21,662.00 to $25,055.00, a 16% increase. He said he would like
further discussion on this because nothing was shown at the time
of 6 month budget review.
V/M Stein said Council is to receive notice of any increase above
whatever the normal increase would be with 10 days to object and
this is why this is before Council today. He said if Council does
not object, the increase would be automatic; however, if Council
objects it would be discussed at a Council meeting.
C/M Stelzer MOVED Council's DISAPPROVAL of this salary increase
until further discussion, SECONDED by C/W Massaro.
C/M Gottesman asked what a normal increase would be and
Mr. Perretti said 5%.
VOTE: ALL VOTED AYE
COMMUNITY_ DEYELQPMENT
33. Golf yillas at Eabal Palm - Reduction in Beautification
Bonds - TcmR,Reso. #4185 - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Pages 1 & 2
APPROVED as amended. RESOLUTION NO. R-86-202 PASSED.
C/M Stelzer said Sabal Palm has approximately $30,000.00 in monies
submitted for Landscape Bonds. He said the Chief Building
Official has stated that most of the work has been done except
that he wants to hold a total of $4,000.00; that is, $2,000.00 on
Building #7 and $1,000.00 each on Buildings #1 and #2.
32
6/11/86
/pm f
C/M Stelzer said the City must release $25,529.75.and hold
$4,00.0.00 for further beautification.
Mr. Applegate read Temp..Rgsc. 11185 by title.
Bob Jahn, Chief Building Official,.said under Consent Item 2 m),
which was discussed this morning, Council already released $250.00
and he deducted that amount from the total read by C/M Stelzer.
Mr -.Applegate said he has.been advised by the Assistant City Clerk
that in Section 2 of the Resolution, the heading for the first
column of numbers should be "Bond Posted" and the second column
should be headed "Amount to be Released".
V/M Stein MOVED APPROVAL of Temps Reso. #4185 as amended, SECONDED
by C/W Massaro.
VOTE: ALL -VOTED AYE
B(7ARD, AND COMMITTEES
34. Burglar Al-armCommittee.- Aceggtanoe of.Resionation
-ad AnnounceMent_of .V-apancy_ - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
The resignation of Sidney Brumberger
was ACCEPTED and announcement was
made of a vacancy.
C/M Gottesman said he has
was recently appointed.to
because of ill health he
Committee.
been advised by Sidney Brumberger, who
the Burglar Alarm Committee, that
could not be an active member of this
C/M Gottesman -MOVED to ACCEPT.Mr, Brumberger's.resignation,
SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
C/M.Gottesman recommended that a letter be sent to,Mr. Brumberger
thanking him for his service to the City for over 7 years.
Mayor .Hart announced that there is a vacancy on this Committee and
urged anyone interested contact the City Clerk's office for an
application.
GENERAL ADMI I TRATIVE FINA CIAL
35. Assistant .to„Ciity Manager - Cre t' Position and
Salary - Discussion and possible action.
,gYNOPS1S OF ACTION: Agendized by Consent on Page 2
Larry Perretti was given the
position of Assistant City
Manager at a yearly salary
of $40,504.68 plus any increases
or adjustments he would have had
if he stayed as Personnel Director.
V/M Stein said the Council has hired a new City Manager -and there
is a contract with the present City Manager which stipulates that
in this instance he would be put into his previous position. He
said there is already a Personnel Director and he was not in favor
of removing her from this position because of the domino.effect it
would have.
33
6/11/86
/pm
V/M Stein MOVED to authorize the City Attorney to draft a Resolu-
tion creating the office of Assistant to the City Manager and that
the salary be the one called for in Mr. Perretti's contract, which
is $40,504.68.
C/W Massaro said in as much as Mr. Perretti has done a good job
for the City with no problems or complaints, she objected to the
words, "Assistant to the City Manager". She said she feels his
title should be Assistant City Manager.
C/M Gottesman said he felt the words "Assistant to" would place
Mr. Perretti below the dignity of his job. C/M Stelzer said the
Charter calls for the position of Assistant City Manager and he
questioned whether the position of Assistant to the City Manager
is provided. Mayor Hart said no.
Mr. Perretti said having been in wage and salary administration
for over 30 years, he felt there is a decided difference in an
organizational chart between an Assistant City Manager and an
Assistant to the City Manager. He said an Assistant to the City
Manager is nothing but a staff person who takes direction from the
City Manager and has no authority over anyone else. He said;
however, an Assistant City Manager is given authority to be over
other people with responsibility designated by the City Manager.
Mr. Perretti said in his agreement it stipulates he would be put
in the position of Personnel Director, Assistant City Manager or
General Services Department Director. He said he has no problem
going back to the previous salary as if he had never been the City
Manager and was Personnel Director; however, he felt all other
employees and Department Heads received a 3% increase in October,
1985 and a 5% increase in April, 1986. He said he felt that his
salary should be comparable to that amount.
Mr. Perretti said the Personnel Manual stipulates that anyone who
gets a promotion moves at least one step on the ladder, in this
case, 5%. He said it should be defined by Council as to where on
the organizational chart this particular position will fit.
V/M Stein said what responsibilities the new City Manager wants to
designate to Mr. Perretti should be his decision and he does not
feel Council should dictate to the City Manager what duties
Mr. Perretti should have. He said under the agreement with
Mr. Perretti, Council is bound to guarantee Mr. Perretti his
salary. He said if there has been an increase in the Personnel
Director's salary in this interim, Mr. Perretti would be entitled
to this.
C/W Massaro said the title of Assistant City Manager would give
Mr. Perretti the authority to designate whatever departments he
wanted him to supervise. She said she feels Mr. Perretti has
earned the title of Assistant City Manager.
C/M Gottesman suggested this item be deferred until the new City
Manager comes on board. Mayor Hart said this cannot be deferred
because the new City Manager will start soon and there cannot be
two City Managers. Mr. Perretti said it must be handled because
staff is in the process of preparing the budget and this must be
decided.
Mr. Applegate said this would also cause a problem with the
Charter and the Code if there were a lag in between the appoint-
ment and the transfer.
C/M Stelzer asked for clarification of the Motion and Mr.
Applegate said Council must decide what the title will be and
34
6/11/86
/pm
whether Mr.. Perretti will fill that position. He said he will
then draft the appropriate Resolution.
Mr..Applegate said he does not foresee a problem with the Charter
under. Article 5 with the title of Assistant City Manager since,
Section 5.04 states, "He (meaning City Manager) shall appoint and
supervise the heads of all departments and Assistant City Manager,
if required, subject to approval of the majority of the Council."
V/M Stein said the City Manager can appoint an Assistant City
Manager.but the Charter also stipulates that the Council can
create the position. He said if there were a reason the new City
Manager did not want Mr. Perretti as Assistant City Manager, this
could constitute a breach of contract., He said this is obviously
being created for Larry Perretti.
Mr. Applegate said under the Charter it would be safer for the
Council to use the title of "Assistant City Manager" since that is
what the Charter provides for.
V/M Stein amended his MOTION to give Larry Perretti the position
of Assistant City Manager at a salary of $40,504.6.8 plus any
increases and adjustments that would have been given if he had
remained as Personnel Director. SECONDED by C/M Stelzer.
C/M Gottesman requested that a letter be placed in Mr. Perretti's
personnel file commending him for his service as City Manager.
VOTE: ALL VOTED AYE
36.1reparation of plaques for forMgr KAyor Philip Kravitz
and fo m r Councilman Raymond Mun'tz - Discussion and possible
action.
SYNOPSIS F AC.TION: Agendized by Consent.
The City Manager is to prepare
these plaques.
V/M Stein MOVED to Agendize this item by Consent and the City
Manager is directed to prepare these plaques, SECONDED by
C/M Stelzer.
yOTE:
REPQRTS
ALL VOTED AYE
27. City Council Reports - None.
28. City Manager Report - None.
29. City Attornev_Report
Mr. Applegate said yesterday was his first day and he attended the
Board of.Adjustment meeting. He said one of the items concerned a
structure built in an existing setback and it was determined that
a- pproxima-tely 11 years ago City staff inspected and issued
building permits and approved all the documentation necessary for
the building of this structure. He said if he knew that before-
hand, this matter would not have appeared before the Board of
Adjustment because a legal nullity occurred since the City did
approve construction of this structure.
Mr. Applegate said under the South Florida Building Code the City
is not necessarily bound by erroneous decisions made by staff;
however, the timing of those errors is important. He said once
rights are attached to the structure and the property owner, the
35
6/11/86 J,
/pm
City would be in a hard pressed position to go before a Circuit
Court Judge and win.
Mr. Applegate said his particular concern is that the single
family home in question is subject to a closing and if the City
interferes by virtue of the Board of Adjustment's Denial for
variance request, the City could be exposed to potential damages.
Mr. Applegate suggested that he be authorized to prepare a memo
stating that a legal nullity occurred but no action occurred on
behalf of the Board of Adjustment. He said at the Board's July
meeting or a Special meeting if needed, a basic Motion to Rescind
their action taken yesterday would be in order.
C/W Massaro said this occurred 11 years ago and there was no
record of any permit having been issued. She said when the
applicant's representative appeared, she had the original permit.
Mr. Applegate said that is an important point that this was not
brought toanyone's attention until late in the meeting.
Mr. Applegate assured Council that he will investigate all legis-
lation before Council acts on it. He thanked Council for their
vote of confidence and assured them he will work hard for the
City.
GENERAL ADMINISTRATIVE/FTN,&NCIAL
37. Memo from City Attorney o Board of Adjustment - Discussion
and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
The City Attorney was directed to draft
the appropriate memo to the Board of
Adjustment regarding Petition #5-B-86.
At Mr. Applegate's request, C/M Stelzer MOVED to Agendize this
item by Consent, SECONDED by C/W Massaro.
WTE: ALL VOTED AYE
C/M Stelzer MOVED that the City Attorney draft the appropriate
memo to the Board of Adjustment as per the City Attorney's memo,
#86-6-3, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
Mayor Hart adjourned the meeting at 3:35 p.m.
JF MAYOR
TTEST: --
ITV �CLER)F
This public document was promulgated at a cost of $345.06
or $9.58 per copy to inform the general public and public officers
about recent opinions and cons0erat'pns � ouncil of the
City of Tamarac. h ' ' TA,
Afli k, NEo Ar MEETING OF ?
36^' 6/11/86 7�Citverk
/pm
ATTACHMENT 1 - 6/11/86 Council Meeting - Item 8 - TUW - Bond Issue
SC RELME
I
$2,485,000
Serial Bands
The serial
semiannually on 1 and October
bonds bear interest payable semi y April
1 of each year,
commencing on October
1, 1986 at the interest rates set forth
below and mature in the principal amounts on the
maturity dates set forth
below.
Maturity
Interest
(October 1)
Amounts
Rates
Price
1987
$ 185,000
4.75%
100%
1988
195,000
5.25
100
1989
210,000
5.75
100
1990
220,000
6.00
100
1991
235,000
6.25
100
1992
250,000
6.50
100
1993
265,000
6.75
100
1994
285,000
7.00
100
1995
310,000
7.20
100
1996
330,000
7.40
100
Term
Bonds
Final
Aggregate
Interest
Maturity
I
Amount
Rate
Price
2011
$10,215,000
8.25%
99.50%
ATTACHMENT 2 - 6/11/86 Council Meeting - Item 8 - TUW Bond Issue
Page 1 of 2
THE CITY OF TAMARAC, FLORIDA
PROPOSED WATER AND SEWER UTILITY BONDS, SERIES 1986
DEBT SERVICE SCHEDULE
w=Z=M=2=v======ss=s=S
DELIVERY DATE: 6/18/86
DATE
PRINCIPAL
COUPON
INTEREST
PERIOD TOTAL
FISCAL TOTAL
10/ 1/86 .....
334,184.17
334,184.17
4/ 1/87
501,276.25
501,276-25
835,460.42
10/ 1/87
185,000.00
4.750000
501,276.25
686,276-25
4/ 1/88
496,882-50
496,882.50
1,183,158.75
10/ 1/88
195,000.00
5.250000
496,882.50
691,882.50
4/ 1/89
491,763.75
491,763.75
1,183,646.25
10/ 1/89
210,000.00
5.750000
491,763.75
701,763.75
4/ 1/90
485,726.25
485,726.25
1,187,490.00
10/ 1/90
220,000.00
6.000000
485,726.25
705,726.25
4/ 1/91
479,126.25
479,126.25
1,184,852.50
10/ 1/91
235,000.00
6.250000
479,126.25
714,126.25
4/ 1/92
471,782.50
471,782.50
1,185,908.75
10/ 1/92
250,000.00
6.500000
471,782.50
721,782.50
4/ 1/93
463,657.50
463,657.50
1,185,440.00
10/ 1/93
265,000.00
6.750000
463,657.50
728,657.50
4/ 1/94
454,713.75
454,713.75
1,183,371.25
10/ 1/94
285,000.00
7.000000
454,713.75
739,713.75
4/ 1/95
444,738.75
444,738.75
1,184,452.50
10/ 1/95
310,000.00
7.200000
444,738.75
754,738.75
4/ 1/96
433,578.75
433,578.75
1,188,317.50
10/ 1/96
330,000.00
7.400000
433,578.75
763,578.75
4/ 1/97
421,368.75
421,368.75
•1,194,947.50
10/ 1/97
360,000.00
3.250000
421,368.75
781,368.75
4/ 1/98
406,518.75
406,513.75
1,187,887.50
10/ 1/98
390,000.00
8.250000
406,518.75
796,518.75
4/ 1/99
390,431.25
390,431.25
1,196,950.00
10/ 1/99
420,000.00
8.250000
390,431.25
810,431.25
4/ 1/ 0
373,106.25
373,106.25
1,183,537.50
10/,1/ 0
460,000.00
8.250000
373,106.25
$33,106.25
4/ 1/ 1
354,131.25
354,131.25
1,187,237.50
10/ 1/ 1
500,000.00
8.250000
354,131.25
$54,131.25
4/ 1/ 2
333.506.25
333,506.25
1,187,637.50
10/ 1/ 2
540,000.00
8.250000
333,506.25
873,506.25
4/ 1/ 3
311,231.25
311,231.25
1,184,737.50
10/ 1/ 3
590,000.00
8.250000
311,231.25
901,231.25
4/ 1/ 4
286,893.75
286,893.75
1,188,125.00
10/ 1/ 4
640,000.00
5.250000
286,893.75
926,893.75
4/ 1/ 5
260,493.75
260,493.75
1.187,387-50
10/ 1/ 5
695,000.00
8.250000
260,493.75
955,493.75
4/ 1/ 6
231,825.00
231,825.00
1,187,318.75
10/ 1/ 6
755,000.00
8.250000
231,925.00
986,825.00
ATTACHMENT 2 - 6/11/86 Council Meeting - Item 8 - TUW Bond Issue
Page 2 of 2
SCHEDLnFIV
(continued)
THE CITY OF TAMARAC, FLORIDA
PROPOSED WATER AND SEWER UTILITY BONDS, SERIES 1986
de:x!!!!sx!!!lmxxlsx!!
DEBT. SERVICE SCHEDULE
ssxxlx!!s!!!larxs:ls!
DELIVERY DATE: 6/18/86
DATE
PRINCIPAL
COUPON
INTEREST
PERIOD TOTAL
FISCAL TOTAL
4/
1/ 7
200,681.25
200,681.25
1,187,506.25
10/
1/ 7
820,000.00
8.250000
200,661.25
1,020,681.25
4/
1/ 8
166,856.25
166,856.25
1,187,537.50
10/
1/ 8
890,000.00
8.250000.
166,856.25
1,056,856.25
4/
1/ 9
130,143.75
130,143.75
1,187,000.00
10/
1/ 9
965,000.00
8.250000
130,143.75
1,095,143.75
4/
1/10
90,337.50
90,337.50
1,185,481.25
10/
1/10
1,050,000.00
8.250000
90,337.50
1,140,337.50
4/
1/11
47,025.00
47,025.00
1,187,362.50
10/
1/11
1,140,000.00
8.250000
47,025.00
1,187,025.00
4/
1/12
1,187,025.00
12,700,000.00
17,789,776.67
30,489,776.67
ACCRUED
47,342.76
47,342.76
12,700,000.00
17,742,433.91
30,442,433.91
!=i�Fxxxaxsi!!
s,.xlx!!xx!*X!!
CX2lSCXXXx��p�;
DATED 6/ 1/86 WITH.DELIVERY OF 6/18/86
BOND YEARS 218,448.333
AVERAGE COUPON 8.144
AVERAGE LIFE 17.201
N I C % 8.143700 % USING 100.0000000
BOND INSURANCE: ... 0.800000 % OF
(TOTAL DEBT SERVICE ONLY) 243,918.21
L.F.ROTHSCHILD, UNTERBERG, TOWBIN, INC.
RUNDATE: 06-10.1996 RUNTIME: 16:29:42
ATTACHMENT 3 - 6/11 Council Meeting - Item 15 - Employee Retirement Plan
t
... .. .. w r.r 4
INTEROFFICE MEMORANDUM
8605-1920
11
TO: Larry Perretti, City Manager
FROM: Judith Deutsch, Personnel Directo
SUBJECT: INCREASED BENEFITS- PENSION
DATE: May 27, 1986 (6718)
COPIES: Pension Board
The Pension Board respectfully requests Council consideration in
the area of increased benefits. The following is a summary of the
Board's recommendations to Council. Please note that each of the
three areas should be considered separately on its own merits.
1. Increased Benefit Formula -
The actuaries were requested to provide data relative to the
financial impact of increasing the benefit formula for the
three classes of employees, with the following results:
A. General Employees- Increase formula from It to 2%.
Assuming member contributions are increased by 4% to a
total of 5%, the City contribution would be an additional'
$51,783, or a total contribution of 6.4% of payroll.
B. Police Officers- Increase formula from 1.75% to 3%. The
City contribution would be an additional $180#2591 or a
total contribution of 12.37% of payroll..
C. Firefighters- Increase formula from 2-1/2% to 3%. The
-City contribution would be an additional $37,048, or a
total contribution of 7.73% of payroll.
2. Lower the normal retirement age for firefighters from 55 to
50. This would require an additional contribution of
$15,544.
3. Lower the vesting schedule to 10 years from the existing
15 year graduated schedule. The revised schedule would be
designed in graduated percentages beginning with the 5th year
of vesting, or a cliff vesting schedule with no accrued
vesting until year 10, when an employe:e'would be 100%
vested. Either schedule would have almost no financial
impact on the City's contribution to the plan. Once the
board receives Council approval, the trustees will determine
the actual vesting schedule based upon input from th*
actuary.
For your information in evaluating the Board's request; I am
attaching a schedule from the Florida League of Cities recapping
the 363 municipal pension plans in the State.
I am also including a summary of employee benefit statements as of
October 1, 1985 reflecting the final benefit at normal retirement
age based on actuarial assumptions.
Please let me know when Council can address these items, and I
will notify the Pension Board.
JD/tf