HomeMy WebLinkAbout1985-06-26 - City Commission Regular Meeting MinutesF r4M
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JUNE 26, 1985
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by City Manager
Johnson of five-year pins to Joseph McIntosh and Scott
Silverman, Police Department, Brett Soloway, John Gerhard
and John Schumacher, Fire Department, Tony Brantley,
Utilities West, and Ken Friedrichs, Public Works.
BOARDS AND COMMITTEES
2.
Announcement of vacancies existing on the following
committees:
a) Insurance Advisory Committee - 2 vacancies
b) Public Information Committee - 3 vacancies
c) Board of Social Services - 1 vacancy
3. Board of Adjustment - Announcement of expiration of the
terms of c'�ice of one regular and two alternate members
If anyone is interested in serving on the above committees,
please contact the City Clerk's office for an application.
CONSENT AGENDA
4. Items listed under Item #4, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by one
motion in the form listed below. If discussion is desired,
then the item(s) will be removed from the Consent Agenda
and will be considered separately.
a) Minutes of 4/24/85 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 5/8/85 - Regular Meeting - Approval
recommended by City Clerk.
6/2.6/85 p8. 1.
Presentations
were made
6/26/85 pgs. 6
& 7 Announce-
ment of vacan-
cies made
6/26/35 pg . 7
Announcement o 1
vacancies made
6/26/85 pss.
7-CA APPROVED
Items a) - d)
and g) through
R); Item e) way
REMOVED and
TABLED; Item f)I
was REMOVED ant
APPROVED
PAGE TWO
6/26,/85
c) Minutes of 6/6/85 - Special Meeting - Approval
recommended by City Clerk.
d) Shailer, Purdy & Jolly - Counsel for contraband forfei-
tures - Services for March, April and May, 1985 -
$333.23 - Approval recommended by City Attorney.
e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and
Bramnick, P.A. - Labor Counsel-5/3/85 and 6/4/85
invoices - $2,981.10 - Approval recommended by City
ittorney.
f) Mitchell Ceasar, P.A. - Consulting Services for Univer-
sity Drive Widening Project - June, 1985 - $1,000.00 -
Approval recommended by City Manager.
g) George Feld & Associates, Inc. - Tamarac Park Satellite
Building - Payment #4 - $20,450.87 - Approval recommender
by Chief Building Official and City Planner.
h) Utilities West Office Building (Project 84-17) -
Approval of Change Order #1 increasing the contract by
$1,190.00 to a new total of $118,042.00 as recommended
by Engineering Department.
i) Tract 2, Land Sections 5 and 6 - Release of Restrictive
Covenant with Leadership Housing - Approval to remove
this item from the agenda (tabled from 10/10/84)
j) Bid Award for monthly printing of "Tam -A -Gram" (City
Newsletter) - Approval to reject all bids because of
temporary suspension of activities relating to this
publication.
k) Independent Audit of Finance Department - Approval to
remove this item from the agenda (tabled from 6/12/85).
GENERAL ADMINISTRATIVE/FINANCIAL
S. Broward League of Cities Business - Discussion and possible
action.
6. Northwest Council of Mayors Business - Discussion and pos-
sible action.
7. Bid Awards - Utilities West - Discussion and possible action
to award bids for the following:
a) Bid 85-17 - Laboratory equipment and supplies, reagents
and laboratory furniture - Temp. Reso. #3664
b) Bid 85-18 - Laboratory equipment, supplies and reagents -
Temp. Reso. #3665
c) Bid 85-19 - Laboratory reagent water and supplies - Temp.
Reso. #3666
d) Bid 85-20 - Laboratory furniture - Temp. Reso. #3667
e) Bid 85-21 - Laboratory supplies and equipment - Temp,
Reso. #3668
f) Bid 85-22 - Laboratory composite sampler - Temp. Reso.
#3669
g) Bid 85-24 - Quad Hose - Temp. Reso. #3683
1
6/26/85 pg. 9
Mayor Kravitz
gave a report.
6/26/85 pgs.9
& 10 Mayor
Kravitz gave a
report.
6/26/85 pgs.
19 - 22
APPROVED a) -
g)
Li
PAGE THREE
6/26/85
8. Sanitary Sewer Rehabilitation (Project 84-4) - Temp. Reso. /26/85 P8s.
#3684 - Discussion and possible e .pp __.
p _—_— action to approve: ---_-- 17-19 APPROVEi
a) change Order No. T
b) Change Order No. 2 =
c) Change Order No. 3
d) Payment to Interstate Pipe in the amount of $32,084.77,
Invoice 1351
9. Cit De ositor - Discussion and possible action
regarding
6/26/85 p8s.
47 & 48 AU -
the City's sweep (checking) account at NCNB Bank
of Florida.
THORIZED City
Report and recommendations. (tabled from 6/12/85)
Attorney to
10. City Departmental Reorganization - Discussion and
possible
contact NCNB
6 p8s,
action on:
10 & 11
a) Report by City Attorney on City Manager's authority
to
a) City Attor
reorganize departments
ney gave
b) Establishing a provision in the Code outlining
the
report.
organization of City departments and divisions
by Temp.
b) & c) TABLEI
Ord. #1206. First Reading.
c) Confirmation of the following appointments by
the City
Manager:
1) Larry Perretti as General Services Director/Assistant
City Manager
12
11,
2) Michael Couzzo as Public Works Director 6/26/85 pgs.
26&27 CM au -
Tract 27 Soccer Field - Status Report Regarding Lights - thorized to
Discussion and possible action. prepare bid
forms to li.8hi
Independent Auditor for FY 1984/85 - Discussion and possible one field
action concerning engagement: of an auditor. 6/26/85 pgs.
2&3 TABLED
Municipal Complex - General Obligation Bonds - Discussion 6/26/85 pgs.
and possible action on: 3&5 TABLED
a) Authorization for Touche Ross & Co. to assist in the
cash flow analysis
b) Authorization for Touche Ross & Co. to provide comfort
letters at the time of the offering and closing of G.O.
Bonds
c) Authorization to proceed with these bonds
14. Munici al Com lex - Discussion and possible action on:
a Status report on plans (tabled from 6/12/85)
b) Payment of Miller & Meier Invoice F1307 in the amount of
$35,191.66 (tabled from 6/12/85)
c) Employment of a construction manager by the City for
this project
d) Establishment of a Preconstruction Review Committee
e) Preparation of engineering drawings for off -site
improvements
PUBLIC HEARINGS - 2:00 P.M.
15. Child Care Facilities - Temp. Ord. #1204 - Discussion and
possible action to amend Chapter 12A of the Code to conform
to Broward County Code regarding minimum outdoor space per
41 child requirements. Second Reading.
6/26/85 pgs.
10-17 a Mepori
;riven;
b) TABLED;
c) AUTHORIZED
Construction
Manager posi-
tion; d)TABLEI
e)AUTHORIZED
Miller & Meier
to proceed
with off -site
drawings
6/26/85 p8.37
APPP.OVED on
SECOND & FINAL
READING. P.H.
held
PAGE FOUR
6/26/85
16. Bruce Egan - Rezoning Petition #27-Z-84 - Temp. Ord. #1148 6/26/85 pgs.
revised)- Discussion and possible action to rezone lands 38-39
at the southeast corner of University Drive and NW 64 Street,a) ACCEPTED
extending eastward to the western boundary of Vanguard b) APPROVED
Village and southerly to St. Malachy Church property, from on Second &
R-3 (Low Density Multiple Dwelling) to B-2 (Planned Bus- Final Reading
iness) and S-1 (Open Space/Recreation). This action is P.H. held
pursuant to Court Order. Second Reading.
a) Acceptance of Affidavit of Publication
b) Consideration of application
17. Jasmine Project Pulte Homes Corp.) - Discussion and pos- 6/26/85 pg. 39
sible action on: APPROVED a) &
a) Petition #1-V-85 - Vacation of certain utility easements b) on SECOND
within a portion of Cypress at Woodmont III (Woodmont & FINAL, READ --
Tract 77 and a portion of Tract 68) - Temp. Ord. #1201 ING. P.H. held
Second Reading
b) Petition #2-V-85 - Vacation of certain drainage easements
within a portion of Cypress at Woodmont III (Woodmont
Tract 77 and a portion of Tract 68) - Temp. Ord. #1202
Second Reading
18. Sale of Alcoholic Beverages - Temp. Ord. #1203 - Discussion
and possible action to amend Chapter 3 of the Code by pro-
viding for a special permit to allow extended hours for on -
premises consumption. Second Reading.
LEGAL AFFAIRS
6/26/85 pgs.
39 & 40
APPROVED on
SECOND & FINAL
READING.P.H.
- held
19.
Sale_ of Alcoholic Beverages - Temp. Reso. #3670 - Discussion
6/26/85 p 41
and possible action to establish a fee schedule for special
& 42
permits allowing extended hours for on -premises consumption.
APPROVED Al
AMENDED
20.
Morgan, Lewis & Bockius - Special Counsel for ESM Litigation
6/26/85 pgs.
a) AUTHORIZED
a) nsfer
Discussion and possible action on: --
a) Additional authorization for funds for professional
to
to
Services
transfer
legal fees &
b) Payment of 5/28/85 statement for professional services
CM
in the amount of $31,546.90.
to create
(tabled from 6/12/85)
fund for money
b) APPROVED
6/26/85 pg-4u
21. Woodlands Section 2, Phase 1 - Temp. Reso. #3671 - Dis-
cussion and possible action to vacate a 5-foot utility
APPROVED
easement between Lot 10 and Parcel G-10 of Block 18.
COMMUNITY DEVELOPMENT
22.
Financial Center at Woodmont - Discussion and possible
6/26/85 pg.45
action on:
a) REMOVED
a) Concept site plan
b) APPROVED
b) Stipulation #19 - Temp. Reso. #3672
(tabled from 6/12/85)
23.
Woodlands Section 2 - Revised Site Plan - Temp. Reso._
6/26/85 p
#3673 - Discussion and possible action on a revised site
50 APPROV
plan for a Clubhouse screen porch enclosure.
24. Peking Restaurant - Revised Site Plan - Tem
Discussion and possible action on a revised
addition of a laundry room for a washer and
PAGE FIVE
6/26/85
Reso. #3675 - 6/26/85 pg.19
site plan for APPROVED AS
dryer. AMENDED
25. S & H Green StampRedemption Center - Discussion and pos-
sible action on:
a) Stipulation #18 - Temp. Reso. #3631
b) Site Plan - Temp. Reso. #3676
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
f) Canal Maintenance Easement - Temp_. Reso. #3677
g) Right -of -Way Deed for 2-feet along McNab �Road�- Temp
Reso. #3678
h) Utility Easement - Temp. Reso. #3679
(to be located on the north side of McNab Road, west of
NW 80 Avenue)
26. Northwood II - Discussion and possible action on:
aY Site Plan #3 - Temp. Reso. #3674
b) Water and Sewer Developers Agreement
(to be located at the southwest corner of Nob Hill Road and
Southgate Boulevard)
27. Springlake II - Bond Release - Temp. Reso. #3680 - Dis-
cussion and possible action to release a warranty bond
posted for public improvements.
6/26/85 pgs.
42-44 APPROVED
a), e),
and h);
APPROVED AS
AMENDED b),
c) and d)
6/26/85 pgs.
21 & 22
APPROVED
6/26/85 pg.23
APPROVED
28.
29.
Woodmont Tract 64 - Bond Release - Temp. Reso. #3501 - Dis-
cussion and possible action to release a cash bond posted
to guarantee removal or demolition of a temporary structure
(tabled from 2/27/85).
Lake Colony/Brookwood Gardens - Warrant Bond - Temp. Reso.
3656 - Discussion and possible action to call a bond posted
for public improvements (tabled from 6/12/85).
6/26/85 p8.51
APPROVED
6/26/85 pgs.
46 &47
APPROVED
30.
Tract 24 - Temp. Reso. #3681 - Discussion and possible
action to temporarily waive the platting requirements in
Chapter 20 of the code in order to construct public
improvements.
pg.4
TABLED to
7/10/85
31.
The Arbors at Isles of Tamarac - Model Sales Facility - Dis-
cussion and possible action to renew a model sales permit
and waiver of the 150-foot distance requirement for
certificates of occupancy (tabled from 6/12/85).
6/26/85 pgs.
45 & 46
APPROVED
32.
Heftler Homes - Water and Sewer Developers Agreement - Dis-
cussion and possible action to authorize the appropriate
City officials to execute assignment agreements for the
following lots:
a) Lot 2, Block 5 - James and Lena Marsh (tabled from
6/12/85).
b) Lot 1, Block 1 - Michael and Jill Taylor
c) Lot 10, Block 2 - Edward and Deanne Lindoo
6 6 .05 pgs.
51 & 52. Lleft-
ter Homes re -
quired to pay
gt!aranteed
revenues plus
w/conditions
33.
Laird's Hardware Store - Sign Waivers - Temp. Reso. #3682 -
Discussion and possible action to ratify Council's action
regarding sign waivers.
6/26/85 pgs.
40 & 41
APPROVED
34
35. Versailles Gardens - Model Sales Facility - Discussion and
possible action to amend the conditions imposed by Council
when this facility was approved.
REPORTS
36. City Council
37. City Manager
38. City Attorney
City Council may consider and act upon such other business as may
come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
CITY OF TAMARAC
Carol E. Barbuto
Assistant City Clerk
Following are the residential and'commercial zoning districts in the City:
R-1
- Single Family Residence
B-2 -
Planned Community Business
R•lB A
R•1C
- one -Family Dwelling
B-3 -
B-5 -
General Business
Limited Business District
R.2
- Two -Family Dwelling
B-6 -
S-1 -
Business District
Open Space/Recreational
RD-7
- Two -Family Dwelling
1-1 -
Institutional
R-3U
R-3
- Row House
- Low Density Multiple Dwelling
14-1 -
Light Industrial
RM-5
- Residential Multi -Family
M-2 -
A-1 -
Medium Industrial
Limited Agricultural
RM-10
Dwelling
- Planned Apartment
A-5 -
Agricultural/Excavation
R-4A
- Planned Apartment
T-1 -
Trailer Park District
R-5
- Motel/Hotel
B-1
- Neighborhood Business
PAGE SIX
6/26/85
Woodview Tract 38 - Calico Country - Discussion and possible 5/26/85 . pgs
action on a revision to the Water and Sewer Developers
Agreement.
6/26/85 p8.52
APPROVED
6/26/85 p8.53
6 6 85 pg.53
6/26/85 pgs.
52 & 53
39.
PAGE SEVEN
6/26/85
Tnterlocal Agreement with Broward Count regarding the 6/28/85
5th—anU 6th Cent Gas Tax - Discussion and possible pg. 50
action. Allen ize by onsent on 6/26/85). ;reconvened
meeting
APPROVED
40. Fenton Decorators - Violation of Zonin. Code by Doing
Up o steU_Wort - Discussion and possible action
41. Word Processing E ui ment for TUW - Discussion and
42. FP&L Phoenix Substation - Beautification-- Discussion
and possi le action
1
I
6/26/85 pg.
1 & 47
-Owner given
3 months'
extension
6/28/85 pgs
1 & 2 Recon-
vened mtg.
APPROVED
6/28/85 Re-
convened mq
pgs. 1 & 2
APPROVED w/
conditions
CITY OF TAMARAC, FLORIDA
1
I
JUNE 26, 1985
REGULAR CITY COUNCIL MEETING
TAPE CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to
1 order on Wednesday, June 26, 1985 at 9 A.M. in Council Chambers.
PRESENT: Mayor Philip B. Kravitz
Vice -Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
ALSO PRESENT: Elly F. Johnson, City Manager
Jon M. Henning, City Attorney
Carol Barbuto, Asst. City Clerk
Diane Williams, Secretary (AM)
Patricia Marcurio, Secretary (PM)
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for
a Moment of Silent Meditation followed by the Pledge of
Allegiance.
39. Interlocal Agreement with Broward County Regarding 5th
and 6th Cents Gas Tax - Discussion and possible action.
SYNOPSIS__OF ACTION: Agendized by consent
(See Pages 27 & 28)
V/M Massaro MOVED to agendize by consent the Interlocal Agreement
with Broward County regarding 5th and 6th Cents Gas Tax for
discussion and possible action. C/M Gottesman SECONDED.
VOTE: ALL VOTED AYE
40. Fenton Decorators - Violation of Zoning Code by Doing
,Upholstery Work - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent
(See Page 47)
V/M Massaro MOVED to agendize by consent Fenton Decorators
for violation of zoning code for discussion and possible
action. SECONDED by C/M Stein.
VOTE• ALL VOTED AYE
1. Employee _Service _A]vards - Presentation by City Manager
Johnson of five-year pins to Joseph McIntosh and Scott
Silverman, Police Department, Brett Soloway, John Gerhard
and John Schumacher, Fire Department, Tony Brantley, Util-
ities West, and Ken Friedrichs, Public Works.
SYNOPSIS OF ACTION:
Presentations were made
Brett Soloway, and Tony
Scott Silverman and John
and Ken Friedrichs, were
receive their pins.
to Joseph McIntosh,
Brantley,
Gerhard, John
not available
Schumacher,
to
1
6/26/85
/vdw
City Manager Johnson expressed pleasure in presenting five-year
pins to:
Joseph McIntosh, Police Department
Brett Soloway, Fire Department
Tony Brantley, Utilities West
The following were not in attendance to receive their five-
year pins:
Scott Silverman)
John Gerhard )
John Schumacher,
Ken Friedrichs,
Police Department
Fire Department
Public Works
12. Independent Auditor For FY 1.984 85 - Discussion and
possible action concerning engagement of an auditor.
SYNOPSIS OF ACTION: TABLED to next
meeting for further research; auditor
to submit a Letter of Engagement outlining
the proposal and a firm dollar figure to
avoid conflicts.
Mr. Henning said that during dicussion with the auditors
the question arose as to whether they were under a one-
year or three-year contract. He said that City Manager
Johnson aked for a legal opinion on the letter agreement.
Mr. Henning said that he had a copy of the Expression of
Interest issued by the city seeking an auditor for one
year; he referenced, in part, "to audit the City of
Tamarac's financial records and Utility Fund Budget for
Fiscal Year 1983-84 and possibly for additional fiscal
years". Mr. Henning stipulated that actual approval
was for that one-year audit.
The City Attorney acknowledged that it is almost time to
start preparation for the next fiscal year. Mr. Henning
said the auditors included in their letter agreement an
option to do the audit this year for an increase of two-
thirds of the Consumer Price Index (CPI). V/M Massaro
asked what the figures are for the Consumer Price Index.
Mr. Henning said that he did not know at this moment but
it would be less than 5%, last year's audit was $17,500
and the cost this year would be under $20,000.
Mr. Henning stated that Council is cognizant that they
have the alternative of either accepting the proposal or
going through the process of interviewing new auditors
which is time-consuming.
V/M Massaro stated that before Council enters into an
agreement such as this that Council should have a firm
figure from them and a new proposal so that they do not
misinterpret that this is a three-year contract. She
allowed that Council may want to enlist the services of
another auditor when the year is up and that she wanted
to know exactly what they are talking about in dollars
and cents. V/M Massaro asserted displeasure that they
do not have "a meeting of the minds" as to what the
agreement originally stated. Therefore, she MOVED to
TABLE this item until Council receives the proper information.
C/M Munitz requested that before the item is tabled
Council should pay attention to the last paragraph of
the June 21 memo from the City Attorney whereby he
suggested that Council have the auditors prepare a
new Letter of Engagement and Council should instruct them
to prepare this. V/M Massaro stated that she wanted to
review it before approval.
I I
I
2 6/26/85
/vdw
C/M Gottesman asked if Council would have sufficient
time to pick up this option if it is carried over to
July. Council assured him that there would be enough
time.
Mayor Kravitz reported that he met with the auditors
and presented the question of whether it was a one-year
contract or three. He said as Council -appointed liaison
he would definitely call them and request a Letter of
Engagement and finalized figures within the next few days
and distribute to Council.
Mayor Kravitz asked Mr. Stan Brooks, of Touche, Ross & Co.,
to meet with him, again, to discuss the exact amount, etc.,
so that it may be presented to Council.
V/M Massaro requested that Council be made aware of the
percentages and the interpretation in dollars and cents.
Mayor Kravitz did acknowledge discussion of the amount
at the last meeting he had with Mr. Brooks.
C/M Munitz SECONDED.
VOTE: ALL VOTED AYE
13. Municipal Complex - General Obligation Bonds --
Discussion and possible action on:
a) Authorization for Touche Ross & Co. to assist
in the cash flow analysis
b) Authorization for Touche Ross & Co. to provide
comfort letters at the time of the offering and
closing of G.O. Bonds
c) Authorization to proceed with these bonds
SYNOPSIS OF ACTION: TABLED
to next meeting until Engagement
Letter is received.
Mr. Henning said the question is whether or not this
involves the Letter of Engagement and whether this is
this year's audit or last year's audit. He said that
it was his impression that the Engagement Letters
referenced come under last year's contract. The City
Attorney said that Mr. Brooks indicated to him that
he would be agreeable to a 3% increase on the previous
item. V/M Massaro queried if he meant two-thirds of
the 3%; Mr. Brooks said that with inflation it was pro-
bably four and a fraction and they will accept 3% if
Council wants to get it of the table. V/M Massaro stated
that she wanted to see the letter.
Mr. Henning said Council needs to make a statement to the
staff and consultants if they are ready to proceed with
the Municipal Complex and that the City should do whatever
is necessary to get the bonds sold. He said this does
not mean that the city is making a commitment as to the
amount, interest rate or whatever but emphasized that
advertising needs to be set up, sales dates, etc. He
stressed that the foremost issue is to get a rating.
3
6/26/85
/vdw
Mr. Henning recalled that the first step before the ESM matter
broke was that the rating was cancelled before the City
received it even though they had indications that they
would get a good rating.
The City Attorney said the first step is a cash flow
analysis to present to the rating agencies showing
them the city's financial posture and an update from
the audit and the way the city is treating the ESM
investments. Mr. Henning said part of this item would
be to allocate, subject to Council's approval, the ESM
investments to particular accounts on which they would not
need the money immediately. He indicated in his memo
that the Finance staff would be doing much of the work
under the supervision of Touche Ross & Co.
He cited a letter from the city's Special Counsel which
indicated that this action would not be detrimental to
the city's lawsuits or cases.
He indicated that $4070 is the proposal for the authorization
for Touche Ross & Co. to assist in the cash flow analysis;
documents will be prepared to send to the rating agency so
that the city can secure a rating on the bonds.
b) Mr. Henning said the city
needed
at least two
letters; the
first letter, which is the
larger
one, will be
$4,700, and
the second comfort letter,
which
is an update
at the time
of closing, will be $1500.
Mr. Henning said the total
would
be $9270 and
that he assumed
that all this involves bond
cost
and would not
come from
the General Fund.
V/M Massaro asked the meaning of closing of G.O. Bonds.
Mr. Henning said that at the actual sale there is an
advertisement approximately 30 days in advance and then
bids are received and determination is made as to who will
buy the bonds, the rates and the amounts by Council's
approval.
Upon questioning by V/M Massaro, Mr. Stan Brooks, of Touche
Ross & Co.'s Fort Lauderdale Office, explained that the
closing date is the date that the cash changes hands;
in other words, a comfort letter is required at the
effective date of the offering and then another on the
date that the cash changes hands. He noted the reason
they inserted an additional notation on their letter is
that often after the initial comfort letter is prepared,
there is a delay in an offering date of maybe one or two
months. He said, in that case, another comfort letter is
required, and still need another at the effective date. He
said the assumptions are that there would be one comfort
letter and financial statement to cover through the month
of June plus transactions that are not on the financial
statement yet through the offering date. Mr. Brooks said
that an update of that letter would be required approximately
45 days later at the closing.
V/M Massaro asked if that was the $1500 letter. Mr. Brooks
replied that she was correct.
4 J 6/26/85
/vdw
Mr. Brooks assured C/M Gottesman that only the underwriters
would receive the comfort letters. He said the only thing
that the people would see is a requirement for consent in
the offering document and the consent would be signed as of
the date of the offering.
V/M Massaro said that in view of the fact that Council
is awaiting the Letter of Engagement that Council should
take action on this item at the same time and they will
have a chance to review and analyze the information.
V/M Massaro MOVED that this item be TABLED. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
34. Woodview Tract 38 - Calico Country - Discussion and
possible action on a revision to the Water and Sewer
Developers' Agreement.
SYNOPSIS OF ACTION: DENIED
request by mortgagee that City
be subordinate in case of loss.
(See also page 27)
Mr. Henning stated that there are two parts for discussion
and that a representative from Calico is present to address
Council, if they desire. He. recalled that at the recon-
vened meeting (6/14/85) there were a couple of urgent items
going on and that he was called out of the meeting when
this item was discussed. He said there was a request to hold
the checks for the connection charges in escrow because the
closing for this property is not scheduled for another
couple of weeks on July 15. He continued that the checks
were deposited, as is customary procedure. Mr. Henning said
there appeared to be some misunderstanding as to whether the
city would be willing to hold this all in escrow until the
actual closing date.
The City Attorney said, secondly, South Florida Savings Bank
wants the language to read, "Any lien created or arising
out of this document shall be inferior and subordinate in
all respects to any first mortgage executed by and between
Bruma Development Corporation, as Mortgagor, and South
Florida Savings Bank, as Mortgagee, and/or any renewals,
modifications, extensions or future advances thereto". He
said South Florida Savings Bank indicated a strong reluctance
to sign off on this as the lender unless their first mortgage
is superior to the city's lien.
C/M Stein said he was opposed to it. He said that the city's
lien is the first lien and that they cannot develop without
the city's lien. Mr. Henning said that they obviously needed
the water service to develop.
V/M Massaro stated that the city will not be subordinate to
anybody. She said that is not the usual role of a municipality.
She asserted that the lender knew that and that the request
should never have been made. V/M Massaro said she would be
absolutely against it.
Mr. Henning said that he would advise the bank of Council's
opposition to being subordinate.
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6/26/85
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C/M Stein MOVED to TABLE this item. V/M Massaro said that
she is against tabling. Mr. Henning said there was a
letter requesting that that language be included in the
water and sewer agreement. C/M Stein AMENDED his MOTION to
DENY the request. V/M Massaro stipulated denial of the request
for subordination and SECONDED.
VOTE: ALL VOTED AYE
V/M Massaro said that she did not remember them requesting
that the check be held because Council could have and probably
would have taken a different form of action and everything
would have been made subject to this closing. She said the city
was in a position whereby this approval should not stand and
that Council needs to rescind or hold approval in abeyance until
the closing.
Mr. Henning referenced Chapter 7 of the Charter stating that
it is the obligation of the staff to deposit checks the day
they are received. Mr. Henning said that the city has held
documents in escrow before recording but it would be unusual to
hold checks.
C/M Stein advised that Council should get a new set of
checks and hold all the papers in escrow until this closing.
V/M Massaro added that the item will have to be put back on
the agenda to rescind the action taken and initiate new action.
C/M Stein concurred that action be taken subject to the checks
clearing on the closing. V/M Massaro suggested the item be
brought back this afternoon.
Mr. Henning asked Mr. Koerber if he expected to pull any
permits or do any improvements to the property before the
closing date. Mr. Koerber said that they did not. Mr.
Henning asked him if everything was held in escrow until
the closing if he would have a problem. Mr. Koerber indicated
that there would be no problem. He asked Mr. Koerber if
Council did not withdraw their approval but made them
subject to closing would that cause him a problem. Mr. Koerber
said that it would not cause a problem.
V/M Massaro said that she thought Mr. Koerber was talking
about a sales office. Mr. Koerber said that all they are
really asking is if they could put a trailer on the side
and that he would make a $2000 deposit; in the event of any
problem, the money would be there to remove the trailer
and to cover the city's expenses. He said that what he is
asking is to get ahead of their closing time on the property
and to put the sales office trailer only on the site and
nothing else. V/M Massaro reiterated that this matter
should be discussed this afternoon allowing Mr. Henning
time to research the details of what was approved and to
bring in the appropriate material for Council this afternoon.
Mayor Kravitz concurred.
2. Announcement of Vacancies Existinq_On_,The_Pollowing
Committees;
a) Insurance Advisory Committee -- 2 vacancies
b) Public Information Committee - 3 vacancies
c) Board of Social Services - 1 vacancy
SYNQPSI-S_QP ACTION:
Announcement of vacancies made.
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Mayor Kravitz announced the existence of vacancies on the
following committees:
a) Insurance Advisory Committee - 2 vacancies
b) Public Information Committee - 3 vacancies
c) Board of Social Services 1 vacancy
He advised anyone wishing to apply to obtain an
application from the City Clerk's Office.
3. Board of Adjustment -- Announcement of expiration of
terms of office for one regular and two alternate members.
SYNOPSIS OF ACTION:
Announcement of vacancies made.
Mayor Kravitz announced the expiration of terms of
office for one regular and two alternates to serve on
the Board of Adjustment; he advised that anyone wishing
to serve on this committee contact the City Clerk's Office
for an application.
4. Consent Agenda
a) Minutes of 4/24/85 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 5/8/85 - Regular Meeting - Approval
recommended by City Clerk.
c) Minutes of 6/6/85 - Special Meeting -- Approval
recommended by City Clerk.
d) Shailer, Purdy & Jolly - Counsel for contraband
forfeitures - Services for March, April and May,
1985 - $333.23 - Approval recommended by City
Attorney.
e) Muller, Mintz, Kornreich, Caldwell, Caey, Crosland
and Bramnick, P.A. - Labor Counsel - 5/3/85 and 6/4/85
invoices -- $2,981.10 - Approval recommended by City
Attorney.
f) Mitchell Ceasar, P.A. - Consulting Services for
University Drive Widening Project - June, 1985 -
$1,000.00 - Approval recommended by City Manager.
g) George Feld & Associates, Inc. - Tamarac Park
Satellite Building - Payment #4 - $20,450.87 -
Approval recommended by Chief Building Official
and City Planner.
h) Utilities West Office Building (Project 84-17) --
Approval of Change Order #1 increasing the contract
by $1,190.00 to a new total of $118,042.00 as
recommended by Engineering Department.
i) Tract 2, Land Sections 5 and 6 -- Release of
Restrictive Covenant with Leadership Housing --
Approval to remove this item from the agenda
(tabled from 10/10/84).
j) Bid Award for monthly printing of "Tam -A -Gram"
(City Newsletter) - Approval to reject all bids
because of temporary suspension of activities
relating to this publication.
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k) Independent Audit of Finance Department - Approval
to remove this item from the agenda (tabled from
6/12/85).
SYNOPSIS OF ACTION: APPROVED
items a) through d) and g) through
k); Item e) was REMOVED and TABLED;
Item f) was REMOVED and APPROVED.
V/M Massaro stated that she would like to remove items
e) and f). V/M Massaro MOVED to APPROVE all items with
the exception of e) and f). SECONDED by C/M Gottesman.
Vickie Beech, resident, asked for an explanation of
Item i). Mr. Henning responded that at previous
meetings there were discussions as to whether a deed
restriction which prohibited children under the age of
16 on Tract 2 which is off (Nob Hall Road just south of
Southgate Boulevard) be removed requested by Leadership
Housing. He said there were deed restrictions on four
parcels and that this was one of them included at the
time a rezoning request was made many years ago. He
said that the item had been TABLED for many weeks and
Mr. Potash, at a recent meeting, acknowledged that on
behalf of Cardinal Industries, the new purchaser, that
they were abandoning the request to remove the deed
restriction against children. He concluded that by
removing it from the agenda does not mean that Council
is addressing it again and the deed restriction will
remain.
VOTE: C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
f) V/M Massaro asked if Council was to receive a letter
or memorandum from Mitch Ceasar monthly. Mayor
Kravitz said not according to the contract.
City Manager Johnson explained that this is the final
payment under the contract. Mr. Henning stipulated
that it is a one-year contract. V/M Massaro asked if
he was required to make a monthly report and she had no
objection to the bill realizing that it is part of the
contract.
C/M Gottesman inquired if this was a final payment
would it be permissible to ask him to file a final
summary. Mr. Henning and City Manager Johnson both
asserted that this was not for final work. C/M
Gottesman asked if this payment was considered as an
advance. Mayor Kravitz replied that it was because
Mr. Ceasar was given half at the beginning and $1000
monthly thereafter. C/M Gottesman said that he still
thinks that half the payment requires a report. Mayor
Kravitz stipulated that he has the entire year. C/M
Gottesman was advised that Mr. Ceasar came in last
month and gave an oral report. Mayor Kravitz said
Council also has a written report.
6/26/85
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V/M Massaro MOVED to approve Item f). SECONDED by
C/M Munitz.
VOTE: C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
Tape V/M Massaro asked that Item e) be TABLED as she had
2 many questions to ask on it. SECONDED by C/M Munitz.
VOTE: C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
5. Broward League of -Cities - Discussion and possible action.
SYNOPSIS OF ACTION:
Mayor Kravitz gave a
report of last meeting.
Mayor Kravitz acknowledged that Council had received
copies of the minutes. He stated that the Broward
League is very active. He informed Council that a
Board meeting for the league will be held on July 21
1985 and anyone wishing to attend the Board meeting
is welcomed.
Melanie Reynolds, resident, noted that last year the
Charter Board received copies of the minutes and that
they have not received minutes for this year's meetings.
Mayor Kravitz said he will see that the Charter Board
receives a copy.
C/M Gottesman referenced that the Broward League of
Cities had an item regarding street vendors and advised
Council to study it and give their impressions on it.
Mayor Kravitz informed him that after he has studied it
he can have it agendized at any time.
6. Northwest Council of Mayors Business - Discussion
and possible action.
SYNQP9I.BS OF ACTION:
Mayor Kravitz gave a
report of last meeting.
Mayor Kravitz reported that the Northwest Council of
Mayors discussed the tabling of the manner of voting
by the Broward League of Cities and noted that Fort
Lauderdale and Hollywood had more votes than the ten
(10) cities in the Northwest Council. He said they
passed a resolution and sent it off and that was tabled,
also. Mayor Kravitz was asked to draft a letter to the
Broward League of Cities asking them to take action.
He said he received a letter in response stating that
this matter will be considered at the July 2, 1985
meeting and review whether any action will be taken by
them.
Mayor Kravitz informed Council that the Northwest Council
of Mayors meets every second Monday and highlighted the
upcoming agenda.
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Mayor Kravitz said they will be meeting tomorrow
to discuss engagement of a secretary to attend
the meetings and prepare the minutes whereby each
city will be charged a nominal amount to pay for
this service. C/M Gottesman asked if the payment
schedule will be based on population. Mayor Kravitz
said that he did not know but reiterated that the cost
would be nominal and assumed that it would be under
$100. He said that he would not recommend that it be
based on population.
14. Municipal _Complex - Discussion and possible action on:
a) Status report on plans (tabled from 6/12/85)
b) Payment of Miller & Meier Invoice F1307 in the
amount of $35,191.66 (tabled from 6/12/85)
c) Employment of a construction manager by the
City for this project
d) Establishment of a Preconstruction Review Committee
e) Preparation of engineering drawings for off -site
improvements
SYNOPSIS OF ACTION: (See page 25)
a) Status report given by C/M Gottesman.
b) TABLED
c) AUTHORIZED the position of a Construction
Manager though the normal hiring practices
e) AUTHORIZED Miller & Meier to proceed with
the off --site engineering drawings and permits.
d) TABLED to a workshop meeting to allow Council time for research
a) C/M Gottesman reported that Council is confronted with
very serious problems; he continued that Council would
like to "get off the ground" in building the Municipal
Complex, which includes City Hall and Police Department.
C/M Gottesman stated that they did receive from Miller &
Meier a model board which was displayed in the West Con-
ference Room to allow everyone to get a visual idea of
the municipal complex. He said that many people were
impressed with the display model and acknowledged that
some people felt this was too costly for a city the
size of Tamarac. He stipulated that the comments he
received were a cross -sectional representation of the
city and felt that Miller & Meier should be cognizant of them.
C/M Gottesman said the major problem is the site plan. He
explained that Council had approved a site plan submitted
to them some time ago but learned that many people did not
understand what they were approving or what the city was
approving because of the format. He mentioned that a
president of a well -established consulting firm reviewed
the drawings and expressed concern that the architects'
obligation to the City had not been fulfilled because
the display model was not representative of the picture
shown in the brochure. C/M Gottesman reported that the
consultant commented that the people were entitled to a
building location of their choice and input as to what
goes on the site plan.
i
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C/M Gottesman quoted from Miller & Meier's program book "We
believe after comparisons with the pros and cons of the two
sites, it Tamarac's advantage for a better planned building
environment to locate the Municipal Complex on the NW 88th site";
he remarked that this was not true but realized that Miller
& Meier were under no true obligation to conform exactly as
outlined in the brochure. He said the deviations were such
that the people were objecting to it.
C/M Gottesman said the people felt that they had paid
for a community center program and that it was not
accurately shown nor labeled on the display model for
future development. He said the corner allocated was not
sufficient to erect a building of 15,000 to 20,000
sq. ft. whereby he requested that the site plan be
rearranged in accordance with what they voted for
and would like to see.
C/M Gottesman asked for freedom to move the buildings
a little more to allow room for the Community Center
and have it shown on the site plan; he reasoned that
the final site plan will show everything. He said
that he wanted to shift the police station and place
the community hall behind it with the notation
"For Future Planning".
C/M Gottesman explained that the city has tried to work
within the architects' limitations but asked for comments
from the Planning Commission and the Beautification
Committee in the hopes of eliminating further problems.
C/M Gottesman stated that the Planning Commission and
Beautification Committee have stated that they would
"swallow" the present format despite the fact that they
disliked it and that they felt that it was within the
architects' realm to allow the city the freedom to update the
site plan. He asked that these proposed changes be made within
the $10,000 cap allocated to them for rework and indicated that
$4,000 of this amount had been spent. He acknowledged that they
cannot move forward without an approved site plan. He
requested that Miller & Meier show Council what they
are doing.
C/M Gottesman said that the proposed site was chosen
because it was most suitable for solar energy and noted that Mr.
Kenyon informed Mr. Henning and Mr. Rubin that the worst
direction to position a building is facing south. Mr. Miller and
Mr. Kenyon corrected C/M Gottesman indicating that they said
west. C/M Gottesman acknowledged that but stated that the south
gets the sun all day long and they try to minimize the east and
west exposures. Mr. Miller stipulated that west was what they
had discussed because the south has "good" sun in that it is
controllable. C/M Gottesman asserted that any movement of the
building would not be very effective since the air conditioning
system has been designed for a maximum load.
C/M Gottesman said that he is not requiring appreciable
movement but that movement is required. He said that
he would like Miller & Meier's concurrence so that they
can get the site plan approved and the construction
drawings underway. He said the construction plans are
being reviewed for code application and asked Bob Jahn,
Chief Building Official, to give a status report as to
the review of the two sets of drawings Council has received.
11 �
6/26/85
Bob Jahn, Chief Building Official, reported that the
structural review of the plans were completed late
yesterday afternoon and acknowledged that it was not
in its final form as it was marked preliminary. Mr.
Jahn explained that the structural plans are now being
reviewed by the electrical department but cited eight
(8) code questions or changes. C/M Gottesman stated
that the changes will come later and indicated that
there may not be a need to get into this until they
get over this hurdle.
Jordan Miller, Miller & Meier, stated that they would
like to make the requested changes if they can be in-
corporated easily. He said he believed the atmosphere
for bidding is very good now and that the more delay
encountered, the more ability to complete the buildings
that Council has seen within the proposed budgets.
Mr. Miller asked if C/M Gottesman's consultant was a
mechanical consultant; C/M Gottesman answered that he
was part of a consulting firm which employs various
engineers and that he has been Board certified for 40
years.
Mr. Miller asserted that it was hard to answer questions
like that to which C/M Gottesman countered that he was
not posing the consultant's questions but had made
statements for his own backup. That the consultant felt that
the request to move the building and shift it to allow an area
for the community center was not an unreasonable request.
Jordan Miller said the area for the community center is
included in the preliminary drawings. He explained that
what C/M Gottesman referred to are "working drawings"
and are submitted to bidders indicating what the con-
tractors wish to buy and do not show things that are
proposed for future development.
C/M Gottesman said that the people felt that the
building shown should be more central and asked that
it be moved around and that the parking lot be turned
around.
Mr. Miller informed C/M Gottesman that they would make the
changes within the money and anticipated no problems.
C/M Gottesman said he wanted the rotation of the
building restricted by 15 feet. Mr. Miller said
rotation of the building is contingent on their ability
to deal effectively with the sun because it is a major
contributor to the need for air conditioning and that
they would have to determine the type of glass used.
He said they have oriented the building to accept the
controllable sun to the south and the north and blocked
the sun primarily from the east and the west. He ex-
plained that if the building is rotated and takes
direct sun in early morning or late afternoon they will
then have to redesign to add more cooling to cope with
the heat or block that sun with a type of glass and it
costs money.
C/M Gottesman distinguished that Mr. Miller was
referring to construction money and that he requested a
drawing.
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6/26/85
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Mr. Miller said that he was talking about construction
money because part of his obligation is to build the complex
within the price range quoted.
C/M Gottesman concurred but asked Mr. Miller if he did
not agree that they had assigned the maintenance costs
a very low priority in view of all the glass proposed for
incorporation in the building. He said that many people were not
cognizant that the proposed building has an entire domed ceiling,
a wide alcove and an atrium with space not being utilized except
to air condition two floors. He suggested that they might have
condensed it.
Mr. Miller continued that all he was suggesting is that
if the building is turned they will have to redesign something
that is already in the plans. He said as far as the design of
the building that they have been presenting it for two years now
on a regular basis throughout their work and thought that they
had Council's approval all along.
C/M Gottesman said that he was asking for Miller &
Meier's approval to make the slight changes so that they
can continue with the site plan.
Jordan Miller reasoned that if they are slight changes
there will be no problems.
C/M Stein said that C/M Gottesman referenced "the people" and
stated that there were 30,000 people in Tamarac and maybe 20 to
30 expressed their views. He said, secondly, that the city
hired this firm because they have confidence in their ability and
that Mr. Miller said that he had no objections to moving the
building but that they do not want to move it too far which would
require design changes. He said that he did not expect the
architects to give them a cost estimate if they plan on moving
the proposed complex more than 15 degrees. He added that if
Council wants to move it 20 to 30 degrees that he does not
recommend it until the architects can inform Council of
additional construction costs and maintenance costs.
Florence Bochenek reported that the most important thing
is that the building be seen. She noted that the parking was
changed from the front of the building. She cited that the only
other objection by the Beautification Committee is that the
Police Station is too prominent.
Emil Beutner reported that the Planning Commission
requested that the buildings be interchanged. He ex-
plained that the Police Department Building be moved
south and City Hall moved north. He feels that the
glass roof should be eliminated because maintenance
costs would be prohibitive. He asked that the space
allocated for the Vice -Mayor be expanded. Mr. Beutner
said he could not see the need for individual offices
in the Building Department but rather a partitioned area
for each inspector. He said he did not see a place for
emergency generators.
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6/26/85
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Max Ingram, resident of Lime Bay, said he reviewed the
plans and found much to be desired. He said the
architects' priorities are in complete reverse because
their first consideration is aesthetic appearance at
the expense of designing a practical office layout for
productivity, convenience and efficiency. He said that
they were also oblivious to the safety of the people in case of
fire. Mr. Ingram cited additional shortcomings as:
-The location of the City Hall Police Station and Community
Center are not located on the site to the best advantages
with respect to convenience, accessibility, energy
conservation and appearances.
-The Police Station need not be so large an area and costly.
He said there was an increase from 4527 sq. ft. to 20,000 sq.
ft. nearly 4 1\2 times the need rated for a city with a
population of 75,000 at a cost of $2 million which he
considered excessive.
-Modern technology for energy conservation has been
overlooked. He said instead of air conditioners, heat pumps
or co -generation is the application of using waste heat from
ceiling lamps and machines to heat the buildings during cold
spells.
-Glass tops on the roof will absorb heat from the sun
increasing cooling costs and require a tremendous amount of
maintenance.
Tape --There is a flagrant waste of 18% total floor area
3 for the atrium and the planted spaces on both floors covering
approximately 7,000 sq. ft. of needed office space and
corridors. Mr. Ingram said they are unuseable spaces in the
center of the complex which would cost the city three
quarters of a million dollars plus needless maintenance.
-The architect failed to include a ramp from the street level
to the second floor center to accommodate the handicapped.
--There is an inoperative elevator which would not support
heavy and large equipment.
-Needs an emergency rapid exit for people on the second floor
in case of fire.
-The office layout for the ground floor is badly laid out
without straight -through corridors. He cited the lack of
sufficient fire exits and the deadends and labyrinths would
make it impossible for anyone to reach an exit to safety
during a fire under heavy smoke, blackouts and toxic fumes.
Mr. Ingram said he strongly recommended that the architects, at
their own expense, redo the plans under the guidelines set forth
by C/M Gottesman and his committee.
Mr'. Miller asked C/M Gottesman to show him the sketch with the
proposed changes so that he can fully understand what he is
talking about.
c) V/M Massaro said that they should discuss the hiring of a
construction manager. She asked Mr. Miller if the
city would get the 1% credit that Miller & Meier planned
on using as their portion for managing construction of
the building if the city hired its own construction manager. She
said that she would like the management of construction to be
removed from Miller & Meier's agreement.
Mr. Miller explained that their work is general super-
vision and that a construction manager usually does
what a contractor does.
He said that they have work to do during the finishing
of the buildings to insure that the designs are followed.
V/M Massaro said that is what they would have the manager for.
1
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Mr. Miller said that is not what a construction manager
normally does but that he is used to go out and purchase
the building in pieces; and a construction manager would
not eliminate Miller & Meier's work.
Mr. Henning rephrased the question to ask if the agreement is
revised to relinquish Miller & Meier of any responsibility in
supervising the job (l) would they accept it and (2) would the
city receive a credit.
Mr. Miller responded that they would if they are
released of responsibility of the buildings and that
they would give the city a credit. He acknowledged
that they still have some work to do so it would not
be that exact percentage.
C/M Gottesman stated that Bob Jahn and the city engineer
highly recommended it and stated that they felt it would
expedite the job, save money, blunders and will be the
city's "eyes and ears" on the job. He asked Council to
approve the hiring of a construction manager.
Mr. Henning said that Mr. Johnson indicated in Council's
backup that the salary for a construction manager would
be around $50,000.
V/M Massaro MOVED that Council authorize a construction
manager, the details of which Council will discuss later,
through proper channels. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
C/M Stein MOVED to authorize the City Manager to inter-
view people for this position and come back at the next
regular meeting and give Council a report.
Mr. Johnson said there was no way he could accomplish
this by the next meeting. He advised Council that the
procedure used to fill any position be utilized which
is to place an ad soliciting resumes, narrow applicants
to the ones most suitable for the job, interview them
and make recommendations for first and second choices
to Council.
C/M Stein amended the motion to authorize the City
Manager to advertise the position and come back to
Council when he is ready with the recommendations of
the Chief Building Official and the City Manager.
V/M Massaro added that it be done as soon as possible.
The City Manager stated that Council needed him to
proceed with the normal hiring practices for a staff
person.
SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
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6/26/85
/VDW
d) C/M Gottesman stated that the function of a preconstruction
review committee would be to sit with the architect and go
through the construction drawings before actual construction
begins. He suggested that this committee be composed of Bill
Greenwood, Bob Jahn, Dick Rubin, Elly Johnson, Arthur Gottesman
and Max Ingram.
Mayor Kravitz informed C/M Gottesman that he could not
do it that way.
V/M Massaro suggested that Council hold a workshop
meeting in the near future with the architects and
"walk through" the plans. She said that other people
could be invited but informed Council that she did
not want any more committees.
C/M Stein stated that before he made a motion to table, any
action taken by Council will be worthless unless they get the
bond issue off the ground. He said that if Council did not have
the money they would not be able to build and the money for the
municipal complex is coming from the sale of the bonds. C/M
Stein said the city needed a rating and once it is acquired,
Council will know how fast the bonds can be floated. He
continued that without a rating Council may not be able to float
them. C/M Stein MOVED to TABLE Item d) for a workshop meeting to
allow Council time for research. V/M Massaro SECONDED.
Jordan Miller said that he concurred with having a workshop
meeting.
VOTE: ALL VOTED AYE
e) C/M Gottesman said the plat drawings have to be changed so they
can be presented to the County Commission. He said that it was
an off -site addition and approval is needed. C/M Gottesman
stated that Craven and Thompson revised the drawing.
V/M Massaro said that Craven and Thompson wanted $4500 and that
there was a possibility of having it done in-house for $2100.
C/M Gottesman stated that there had been discussion as
to the preparation of engineering drawings for the off -
site improvements and understood that this was the best
way to proceed.
As requested by C/M Gottesman, Dick Rubin referenced a
memo from C/M Gottesman to Council outlining three
alternatives for obtaining the engineering drawings
for the off -site additions. He said there was a quote
from Craven and Thompson which included the permit.
Mr. Rubin said that Craig Kenyon also offered his
engineers to do the work at a quoted price of $2100.
He said the third alternative was to contact Mr. Mercer,
the city"s consultant, but that he has not received his
quote. Mr. Rubin suggested that Council check with
Mr. Kenyon to see if they have a proposal.
Craig Kenyon, Miller & Meier, stated that if they did
the off -site work it would simply be part of their present
contract with the city. He said that 7% of the estimated $30,000
cost provided by Dick Rubin would be $2100 and would include the
engineering drawings. He said that their engineers would not be
doing the work as they would hire consultants to do the work.
C/M Gottesman acknowledged that they have two proposals;
one for $4500 and one for $2100 and that he needed a
motion to proceed.
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Mr. Rubin clarified that the plat has been prepared and
approved by the County Commissioners and that no changes
are required in the plat. He said, however, that the
County Commission will not sign their names nor record
it until the city submits engineering drawings of the
off -site improvements to them.
C/M Stein MOVED to authorize Miller & Meier to proceed
with the off -site engineering drawings and permit for a
sum not to exceed $2100.
Mr. Kenyon indicated that this would become part of their
base contract and that it would be 7% of whatever
it costs. They did not know the figures but that they
would bid the off -site work as part of the rest of the
work. He said the total price would still be 7% so it
would not be an additional service to the contract.
The only action required of Council, in accordance with
their contract, as it stipulates that they are not
supposed to work off -site, is authorization for them
to do off -site work in accordance with their base
contract.
Mr. Henning advised Council that they could either take
the 7% proposal or ask for a fixed figure.
C/M Stein said that his motion is 7% not to exceed $2100.
V/M Massaro asked Mr. Rubin if he felt comfortable with
the $30,000 figure. Mr. Rubin explained that when the
County estimates the cost of all the bonds they also
say what the cost of off -site work will be. He said the
$30,000 figure is generally derived through the County's
estimate but that it was a ballpark figure.
C/M Stein reiterated the MOTION to authorize Miller &
Meier to proceed with the off -site engineering drawings and
permits at 7% not to exceed $2100 based on an estimated
cost of $30,000. C/M Gottesman SECONDED.
Mr. Henning asked Mr. Kenyon if they were officially
offering to do this work and they said they were.
VOTE: ALL VOTED AYE
b) C/M Gottesman said that Mr. Kenyon had submitted data
including a breakdown of their billing and that he was
trying to tie it in with Council's own breakdown. He
said that he has not had adequate time to digest the
information and MOVED to TABLE the item for further
study. V/M Massaro SECONDED.
VOTE: ALL VOTED AYE
8. Sanitary Sewer Rehabilitation (Project 84-4)_
Temp-, Reso. 3684 -- Discussion and possible action to
approve:
a) Change Order No. 1
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b) Change Order No. 2
c) Change Order No. 3
d) Payment to Interstate Pipe in the amount of
$32,084.77, Invoice 1351
SYNOPSIS OF ACTION: APPROVED
Temp. Res. #3684 Resolution No. R-85-202 PASSED
Mr. Henning read Temp. Res. #3684 by title.
Tony Nolan confirmed that Williams, Hatfield & Stoner are
performing the construction services as well as
the administrative services on the Wastewater System
Rehabilitation Project. He said the first two change
orders were essentially "housekeeping" changes, the first
of which refers to a change in methodology as far as testing was
concerned. Mr. Nolan said the second change deals with a
provision in the specifications to water surface elevations in
the brown mantle in which the sewer system is installed. He
explained that they are both technical in nature. Mr. Nolan
said the third change reflects a change in contract quantities
and items which affect money and asked Council to address
themselves more closely to this change. He noted that there was
a breakdown of the figures concerning the contract noting that it
will cost $55,000 to purchase the materials needed to seal
the cracks for the holes, pipes and manholes and there is also a
reduction of $47,000 for a method of pipe rehabilitation. Mr.
Nolan continued to give Council a complete explanation of the
breakdown.
Bill Greenwood, Utilities Director/City Engineer, asked Mr. Nolan
if Williams, Hatfield & Stoner had contacted the U.S. Army Corps
of Engineers and if they had received a determination as to
whether the proposed changes will be grant eligible.
Mr. Nolan replied that he had spoken verbally with them but had
no written confirmation. He indicated that the procedures that
are being followed are standard in the construction industry and
recognized by the EPA and the Corps of Engineers. He explained
that the contract was let using estimated quantities and some of
those quantities have changed and that they may all be changed
substantially between now and the time the contract is completed
He acknowledged that the three (3) change orders have been
discussed with the Corps of Engineers and they have advised him
that they have no difficulty with them. Mr. Nolan said once
Council approves them, they will be sent to EPA for their review
and concurrence and acknowledged that his telephone conversation
with them indicated that there would be no problems in getting
their approval.
City Manager Johnson advised Mr. Nolan of a conversation
with someone from his firm who indicated a $500 cost
and that Mr. Nolan's breakdown indicated an $8,000 net
increase and asked for an explanation.
Mr. Nolan said that he could not speak on the $500 con-
versation but that the $8000 is the bottom line of the
change order.
Mr. Greenwood said that Mr. Johnson was referencing a
presentation by a representative of Williams, Hatfield,
& Stoner to the City Manager, City Attorney and himself.
1
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Mr. Greenwood said the representative informed them that the
total changes were in the magnitude of $212,000 plus and a
$212,000 negative with an approximate $500 differential between
them. He said those were only a part of the changes that were
within the entire list.
V/M Massaro asked if they could come together at some
point in time. Mr. Nolan replied that it could. He
said they have reviewed the contract that the contractor
is working under and it was their opinion that they
will probably finish at or below the initial bid price
but it was just a question of how they are approaching
the repairs as they go through the system. He explained
that the original study was done four (4) years ago and
there have been some things that have been repaired by the
city and also some repairs have become evident that
were not there or were not evident before. Mr. Nolan
said that it is a unit price contract and that there
will be some fluctuation.
d) V/M Massaro asked if the payment of $32,084.70 was in
order. Mr. Greenwood recommended that it be approved.
V/M Massaro MOVED the adoption of Temp. des. #3684.
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
Bill Greenwood added that all payments will come from
CTAC funds.
24. Pekin Restaurant - Revised Site Plan --Temp.
Res. 13675 - Discussion and possible action on a
revised site plan for addition of a laundry room
for a washer and dryer.
SYNOPSIS OF ACTION: Resolution No. R-85-207 PASSED
APPROVED Tem . Reso. #3675 as amended
Mr. Henning read Temp. Reso. #3675 by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3675
as amended requiring that the mechanical equipment, if
placed on the roof, be shielded by a parapet as stipulated in the
City Code. SECONDED by C/M Stein.
C/M Munitz asked about the Planning Commission's comments
that it was approved subject to verification of parking
tabulations.
Dick Rubin advised Council that Peking Restaurant has
revised the parking tabulations and their parking is in
compliance with the City Code and the question raised
by the Planning Commission has been resolved.
7. Bid A rds - Utilities West - Discussion and
possible action to award bids for the following:
a) Bid 85-17 - Laboratory equipment and supplies,
reagents and laboratory furniture - Temp.
Reso. #3664
b) Bid 85-18 - Laboratory equipment, supplies and
reagents - Temp. Reso. #3665
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c)
Bid 85-19 -
Laboratory
reagent water and supplies
Temp. Res.
#3666
Tape d)
Bid 85-20 -
Laboratory
furniture - Temp.
4
Reso. #3667
e)
Bid 85-21 -
Laboratory
supplies and equipment -
Temp._Reso.
#3668
f)
Bid 85-22 -
Laboratory
composite sampler
Temp.-Reso. #36.69
g)
Bid 85-24 -
Quad Hose --
Temp._ Reso. _#36.83
SYNOPSIS OF ACTION:
a) Bid awarded to American Scientific Products
in the amount of $26,455.54.
b) Bid awarded to Fisher Scientific Company
in the amount of $2,449.00.
c) Bid awarded to Culligan Water Conditioning
Company in the amount of $5,121.00 and
Fisher Scientific Company in the amount of
$795.00.
d) Bid awarded to Fisher Scientific Company in
the amount of $27,360.00.
e) Bid awarded to Curtis Matheson Scientific, Inc.
in the amount of $534.97.
f) Bid awarded to ISCO, Inc. in the amount of
$5,928.
g) Rejected original bids and authorized appropriate city officials to
enter into negotiations to procure 500 ft. of quad hose without
fittings.
Resolution No. 85-195 PASSED
Resolution No. 85-196 PASSED
Resolution No. 85-197 PASSED
Resolution No. 85-198 PASSED
Resolution No. 85-199 PASSED
Resolution No. 85-200 PASSED
Resolution No. 85-201 PASSED
a) Mr. Henning read Tem Reso. #3664 by title.
V/M Massaro MOVED the adoption of Temp.,ResO._43664
(Bid 85-17) awarded to American Scientific Products
in the amount of $26,455.54 for laboratory equipment
and supplies, reagents and laboratory furniture.
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
b) Mr. Henning read Temp. Reso. #3665 by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3665
(Bid 85-18) awarded to Fisher Scientific Company in
the amount of $2,449.00 for laboratory equipment,
supplies and reagents. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
c) Mr. Henning read Temp. Reso._ #3666 by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3666
awarded to Culligan Water Conditioning Corporation in
the amount of $5,121.00 and Fisher Scientific Company
in the amount of $795.00 for laboratory reagent water
and supplies. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
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d) Mr. Henning read Temp_Reso.#3667 by title.
V/M Massaro MOVED 'the adoption of Temp. Reso. #3167
awarded to Fisher Scientific Company in the amount of
$27,360.00 for laboratory furniture. SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
e) Mr. Henning read Temp. Reso. #3668 by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3669
awarded to Curtis Matheson Scientific, Inc. in the
amount of $534.97 for laboratory supplies and equipment.
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
f) Mr. Henning read Temp. Reso. #3669 by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3669
awarded to ISCO, INC. in the amount of $5,928 for.
laboratory composite sampler. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
g) Mr. Henning read Tem . Reso. 13683 by title.
V/M Massaro MOVED the adoption of Temp. Reso._#3683_
AS REVISED rejecting the original bid for 500 feet of
quad hose without fittings and that the appropriate
city officials be authorized to enter into negotiations.
VOTE: ALL VOTED AYE
26. Northwood II - Discussion and possible action on:
a) Site Plan #3 - Temp. Reso. #3674
b) Water and Sewer Developers Agreement (to be
located at the southwest corner of Nob Hill
Road and Southgate Boulevard)
SYNOPSIS OF ACTION: Resolution No. R-85-213 PASSED
APPROVED _.
a) Mr. Henning read Temp. Reso. #3674 by title.
Dick Rubin stated that Northwood II has installed all of
their public improvements for the entire development. He said
they were dividing the development into several stages and the
third one is before Council for approval today which consists of
25 units. He said he recommended approval of the revised site
plan.
V/M Massaro brought to Council's attention the sloping
of the bank on another project.
21
6/26/85
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Mr. Rubin explained that the Planning Commission informed
them that it was an obligation of Northwood 11 to slope
the canal bank on the south side of the property which
lies on Tract 2 which is owned by Cardinal Industries
known as Greenview. He said that V/M Massaro would like
assurance from the applicant that he is proceeding with
the agreed sloping and that the City Attorney has re-
ceived a license from Tract 2 granting HLR permission to
enter their property to reslope the canal bank.
Emil Seutner said he observed that they were working on
the sloping.
b) Council acknowledged receipt of a letter from staff
recommending that the water and sewer developers agree-
ment be approved. V/M Massaro informed Council that
the Parks & Recreation fees have already been paid and
added that all of the normal fees have been paid and they are in
compliance with Council's requirements.
V/M Massaro MOVED the approval of Temp. Reso. #367�4.
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
Mr. Henning said that he reviewed the Water and Sewer
Agreement and it appeared to be in order and provides
for the 25 ERC's. He asked Mr. Perry to have the agree-
ment executed as the owner since he is the owner/
developer.
Mr. Perry presented a check for $38,250 to the Assistant
City Clerk for water and sewer connection charges.
V/M Massaro MOVED the approval of the water and sewer
agreement as presented. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
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n
J
1
27. S rin lake II - Bond Release - Tem Reso. #3680 -
Discussion and possible action to release a warranty
bond posted for public improvements.
SYNOPSIS OF ACTION: Resolution No. R-85- ��� PASSED
Temp. Reso. #3680
* Mr. Henning read Tem Reso. #3680.
V/M Massaro MOVED the adoption of 'i- emp
C/M MunLtz.
VOTE: ALL VOTED AYE
Reso. ##3680. SECONDED by
39. Interlocal Agreement _With _Broward_County- Regarding
5th and 6th Cents Gas Tax
SYNOPSIS OF ACTION: Agendized by consent on page
Item held for afternoon session (see pages 1 & 27)
Pete Corwin, Broward County Budget Office, said the County
Commissioners authorized its staff to distribute interlocal
agreements to the 28 municipalities in Broward County that
would approve the continuation of the distribution of the
5th and 6th cents gas tax should it be approved by the
board on August 6. He said that the State statute requires
agreement concurrences for this amendment prior to July 1
if the County continues with its present plan or adopts
the 5th and 6th cents interlocal gas tax in order to
determine distribution of funds.
He said the County Commissioners recognized the short
amount of time that they have to deliberate on this
decision, and if the tax is approved on August 6, it will
only be for a one-year period. He said they could reconsider
it when they have had a chance to talk with the municipalities
to discuss the use of the proceeds from not only the 5th and
6th cents gas tax but the first 4 cents which has been in
effect for two years now. He said the agreement before
Council does not affect the first four cents gas tax that
is effective through 1988 but simply would indicate the
cities' approval to proceed with the current distribution
formula. Mr. Corwin said the County Commissioners formally
ratified the interlocal agreement, and a public hearing
has been tentatively scheduled for August 6.
He said that the present four cents gas tax generates the
City of Tamarac approximately $250,000 and the additional
two cents would generate another $125,000.
* Editor's Note: Adoption of Temp. Reso. #3680 released
Bond No. 400GS4983 in the amount of $68,506.37.
23
6/26/85
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V/M Massaro asked if Council approves the agreement would
it automatically extend the four cents tax for thirty years.
Mr. Corwin said that it does not but if the Board chose to
extend the four cents gas tax, it would require independent
action adding that they have the opportunity to address it
between now and 1988. He stipulated that next year the
Board will be addressing the continuation of the two cents
tax.
He said that there are several decision points but the
ultimate decision to pass the tax does not have to be made
until August 6 when the Board of County Commissioners would
adopt an ordinance that would increase the local option
gas tax from four to six cents. He said the July 1 decision
is to meet the statutory deadline to determine the methods
of distribution for the proceeds as,pa result of the additional
two cents.
C/M Stein inquired if the cities did not agree on this amend-
ment would there have to be a countywide referendum.
Mr. Corwin said that was correct but that they can do it
without the cities' approval and without a referendum but
the revenue would automatically' be distributed from the
additional two cents in accordance with historical expense
patterns.
C/M Stein said that he believes they are getting misin-
formation from the County and asked the City Attorney to
investigate it. He said that Hollywood has already rejected
the proposal.
V/M Massaro said that she understood that if they approve
this amendment that it would automatically extend the four -
cents gas tax for thirty years.
C/M Munitz asked if there were any restrictions as to how
each municipality may use the money generated from this
additional gas tax. He said that he had read in the paper
that the County planned to audit the cities to determine
how they used the funds derived from the third and fourth
cents gas tax and declared the entire issue as confusing.
Mr. Henning said the outrage should probably go to the
State Legislature and not the County Commission because
they were the ones who rushed this bill through.
Mr. Corwin said the only restriction involved with ex-
penditure of these funds is in the area of transportation.
The original distribution, calculated two years, would have
to be updated if the 80-20 method of adoption is chosen.
J
24
6/26/85
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1
Mr. Henning asked if the 80-20 was based on County cal-
culations. Mr. Corwin said that they were.
Mr. Henning explained that what they would be passing
is, essentially, the 37.5 percent and 62.5 percent break-
down, which originated from the League of Cities, with
minor changes for a period of one year.
V/M Massaro suggested discussing this item after lunch
affording the City Attorney an opportunity to research the
subject further.
14. Municipal Complex - Discussion and possible action on:
a) Status report on plans (tabled from 6/12/85)
b) Payment of Miller & Meier Invoice F1307 in the amount
of $35,191.66 (tabld from 6/12/85)
c) Employment of a construction manager by the City for
this project
d) Establishment of a Preconstruction Review Committee
e) Preparation of engineering drawings for off -site
improvements
SYNOPSIS OF ACTION: Mr. Miller believed
requested changes could be made within
$10,000 allocated. (See pages 10 - 17)
Mr. Jordan Miller, Miller & Meier, stated that he had reviewed
some of C/M Gottesman's id)eas and determined that the location
of the building seems to be reverting to the original site
and he does not see that as a problem. He said the location
of the police department would change but not substantially
and could not foresee that as a problem. Mr. Miller said
it looks as if the relocation of the parking could be
accomplished and that all changes could be made within the
$10,000 allocated by Council. He said the one change that
could present problems is the possibility of a pond in
front. V/M Massaro said that the pond in front is not
necessary.
Mr. Miller suggested that they do a site plan that echoes
the thoughts of C/M Gottesman, and if it meets Council's
approval, there will be no additional charge. He said the
revised site plan will be presented at the workshop.
Mayor Kravitz recessed the meeting for lunch at 12 Noon.
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6/26/85
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Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. and all
were present.
GENERAL ADMINISTRATIVE FINANCIAL
11. Tract 27 Soccer Field - Status Report Regarding -Lights -
Discussion and possible action.
SYNOPSIS OF ACTION: The City
Manager was authorized to prepare
bid forms to light one soccer field
with the funds to come from Recreation
Impact fees.
Maxwell Ingram, resident, said recently the Parks Commissioner,
Lou Solomon, requested that he research the feasibility of
employing the spare lights that were removed from the City park
on University Dr. consisting of 23 - 1,000--watt mercury vapor
lamps and there is a possibility of using those lights to light
two soccer fields on Tract 27. He said he met with Dave Cobb, of
FP&L and he agreed to bring in the power line into the soccer
field at no charge to the City. He said he requested that FP&L
donate poles to the City with no cost for equipment, however,
Sharon Ellis, Parks and Recreation Director for the City, re-
commended that the lights be for the full length field of
330-feet by 195-feet.
Mr. Ingram said in view of that, the 23 mercury vapor lamps could
not be used because the illumination produced would be in-
sufficient to give the 20-foot candle power necessary in accord-
ance with standards for a soccer field of that size. He said
Sharon suggested this size field for games rather than a smaller
one just for practices. He suggested Council consider the full
application of lights to make the fields usable during the winter
season when it gets dark earlier. He said without the lights
there is only 50% utilization and approval for these lights would
cost approximately $78,000. He said it is possible that the
League could pay some of this amount and V/M Massaro said at one
time the various mens' leagues were supposed to pay the various
costs attributed to the parks. She said the Parks Commissioner
told her it costs $1,500 per month to light one soccer field.
Mr. Henning distributed his memo to Council, which had an attach-
ment of Charter Section 7.13, regarding the referendum
requirements for 1-1/2% purchases. He said the 3 conditions are
a), b) and c) in the memo, namely, a capital improvement of
approximately $150,000 or a smaller priced item if it requires
the borrowing of money for the capital or if it requires the
selling of bonds to finance the capital project. He said this
should involve an improvement that can stand on its own such as
lights, a score board, etc. and, legally, Council may spend up to
$150,000 to install the lights.
V/M Massaro asked if there could be a series of these expendi-
tures and Mr. Henning said if lights were installed and then, in
the future more lights were needed for a second field, it could
be done. V/M Massaro said the people said no when this was put
out for referendum and she questioned if Council is segmenting
that project by considering the lights. Mr. Henning said the
City will not know until the second or third year.
C/M Munitz asked if anyone had the exact wording on the referen-
dum which was defeated and Mr. Henning said he does not have it
at the meeting. C/M Gottesman asked if Council does not have
the right to take the money out of the Recreation Impact Fees and
Mr. Henning said Council does have the right to take it out of
the impact fees up to approximately $150,000.
26
6/26/85
/pm
C/M Gottesman MOVED to authorize the City Manager to prepare bid
forms to light one soccer field with the funds to come from the
Recreation Impact Fund. SECONDED by V/M Massaro.
City Manager Johnson said the Motion should be for him to go for
bids on the project. V/M Massaro noted that the field is the
south half of the soccer field at Tract 27.
Vickie Beech, resident, said most cities have a user fee for City
parks and she asked if Council considered this. V/M Massaro said
some time ago the Council passed a Motion to have that done and
Council will review this further.
VOTE•
COMMUNITY DEVELOPMENT
34. Woodview Tract 38
action on:
a) Revision to the
b) Ratification of
SYNOPSIS OF ACTION:
a) (See Pages 5 & 6).
b) Agendized by Consent.
APPROVED with conditions.
ALL VOTED AYE
- Calico Country - Discussion and possible
Water and Sewer Developers Agreement.
the sales trailer
b) Mr. Henning said at the last Council meeting, Council authorized
the waiver of platting and accepted a demolition bond for the
sales trailer. He said he will arrange to hold the checks until
the closing, which should be no later than 7/15/85. He said
Council would be agreeing to not resubmit the check for the sewer
charges at Tract 38. He said he will send a letter to them
confirming this.
V/M Massaro said there should be a condition attached to this
sales trailer that it will terminate if the sale does not go
through on 7/15/85. Mr. Henning said the City Clerk should be
directed to put a status report by the City Attorney on this item
on the agenda for the 7/24/85 Council meeting.
V/M Massaro MOVED to ratify the sales trailer with the condition
that the closing be 7/15/85 with the City holding the checks
until 7/15/85 before resubmitting them for the water and sewer
payment. She said the approval for the sales trailer will ter-
minate if the sale does not go through on 7/15/85 and the sales
trailer is to be removed or the demolition bond will be used to
do so. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
39. Interlocal Agreement with Broward County regarding 5th__and
6th Cent Gas Tax - Discussion and possible action.
SYN P IS OF ACTION:
Agendized by Consent on Page 1)
Held for later in day for
more information (See Page 23).
Mr. Henning distributed a hand out to Council and said he has a
call in with the County General Counsel's Office concerning their
20% -80% split. He said Page 39 of the House Bill contains a
new subparagraph 3A, with new language, "The first two cents
shall be levied by an Ordinance adopted by majority vote of the
governing body. The next four cents shall be levied by an
Ordinance adopted by a majority plus one, which would be five
votes, of the governing body or subject to approval by referendum
majority vote of the governing body."
1
1
27 6/26/85
/pm
Mr. Henning said in essence this is saying that the County Com-
mission can pass the additional gas tax with a 5 out of 7 vote.
C/M Stein said he would like to know what the other cities are
doing and he suggested tabling this. C/M Munitz asked how the
City could be hurt if it refuses this agreement and Mr. Henning
said he called the Finance Department to contact the City of
Hollywood to determine why they went against this. Mayor Kravitz
said this item will be discussed further later in the day.
LEGAL AFFAIRS
20..Morgang Lewis & Bockius - Special Counsel for ESM
Litigation - Discussion and possible action on: T
a) Additional authorization for funds for professional ser-
vices
b) Payment of 5/28/85 statement for professional services in
the amount of $31,546.90.
(tabled from 6/12/85)
SYNOPSIS OF ACTION:
a) Authorization was given for
$50,000 to be taken from
Contingency and put into
legal fees and the City Manager
is to create a fund for this money
b) APPROVED payment of 5/28/85 statement
for professional services with monies
to come from fund City Manager is to
establish.
The following is a Verbatim Transcript of this item as requested
by V/M Massaro:
Mayor Kravitz: Jon, do you want to handle this?
Mr. Henning: Yes. In the backup is your statement for the latest
bill. There were some questions on billing. We have arranged to
have Morris Brown here, who is the principal attorney handling
our legal work with Morgan, Lewis & Bockius. He has some ... he
could give you more information on the break -down of the billing
and also, if you want to hear a brief status report from him. He
has a computerized billing system. I have the bottom lines,
which usually Council wants to know what the bottom line is, so
at the bottom of his printout we have a break -down of the various
attorneys, the number of hours that were spent and the dollars
that were charged as a result of each of the various types of
work done here.
There are two or three attorneys that are doing the bulk of the
work. If you look in the top left corner of the printout, you
will see there are three attorneys that are over the $5,100 and
he can explain their involvement and then the hours are in the
right hand column. And, that is how they got to the total which
is at the very top line-$32,252.00. There are some other
expenses added here but this is the computerized breakdown. As
far as the individual work that they did ... he can explain to you
better in more detail on how they reached these hours. He
brought a printout with him but I thought that you all would want
to see the bottom line.
6/26/85
/pm
V M Massaro: And I...if I may...I'd also like to know what point
we are at...where we are going ... what's happening now.
Morris Brown: If it pleases the Council, probably the most exped-
itious thing I can do is first summarize exactly where it is that
we are at with The City of Tamarac...
Mayor Kravitz: May I suggest that you identify yourself for the
record.
Morris Brown: Oh, I'm sorry. I'm Morris Brown. I'm the Partner
at Morgan, Lewis & Bockius, who is primarily in charge of the
actions commenced by Tamarac to recover its 7 million dollars of
ESM liquidations. We have filed two actions so far in this case,
one against Bradford Trust Co., one against Alexander
Grant. We have also participated actively in the determination
as to whether ESM itself should be liquidated as a stock broker
or liquidated in the course of a normal bankruptcy.
Morris Brown: Both Grant and Bradford have responded to our
complaints. In the Grant complaint we brought an action here in
South Florida alleging that Alexander Grant was at least
negligent in the preparation of the financial statements upon
which the City of Tamarac relied in doing business with ESM, if
not reckless or culpable at an even higher level. There are
approximately 8 other actions that have been filed against
Alexander Grant by other entities involved in ESM, some cities,
some S & L's, and there will be several more.
Judge Gonzalez, sitting locally in the Southern District of
Florida here, entered an order approximately 4 weeks ago mandat-
ing that counsel for the various plaintiffs and potential plain-
tiffs, get together and come up with a way of handling what is
really an immense amount of litigation on an expedited basis.
Fortunately, and possibly unfortunately, that means that the
recovery schedule or the litigation schedule we initially thought
would be about 2 years on before we got to actually join issue
with Grant, has been significantly accelerated. Judge Gonzalez
is trying very hard to bring the case to trial within the first 2
months of 1986.
There have been some talks about possible settlement, nothing
that has gone very far, but by putting pressure on plaintiffs and
on Grant to bring this case to trial early, it should expedite
whatever recovery the cities and the other people who were hurt
by the ESM liquidation, get from Alexander Grant. The meetings
among various counsel continue to go on...I can't tell you...I
don't know how many of you have seen Judge Gonzalez' Court Room
in Federal Court up here in Broward County. It's a very large
Court Room. Every time there's a hearing it's filled to over-
flowing just with attorneys taking different positions with
respect to different things. So, it's very complicated and
working out how each of us pursue our individual interests
against Grant is going to be complicated. Gonzalez is moving it
along on a very expeditious basis.
We have not yet answered Grant's various Motions to dismiss our
complaint. We are really waiting until all of the various plain-
tiffs have taken as many positions as they can so that we can do
it all at once rather than stringing it out and biting at it a
little bit at a time. Nor has Grant yet responded to what will
be Motions for information... discoveries... sorts of things.
I
1
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6/26/85
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Morris Brown: The Bradford Litigation was commenced in New York.
We were worried about a lengthy battle with Bradford over
jurisdiction so, rather than even argue about whether they were
really doing business here in Florida, we simply had our New York
office file the action against Bradford in New York so we
eliminated the argument about jurisdiction. Bradford... that
complaint contained allegations of conspiracy, negligence,
violation of the Federal Racketeering Act and several other
counts.
I should point out at this point that Bradford has been involved
in at least 3 other situations similar to ESM. The Lyons Case,
the Dreyfus Case and the latest...Bevill Breschler...I think is
how you pronounce it ... liquidation. Each case in similar kinds
of capacity and it's that involvement in other situations that we
used as a predicate for our allegation that they continually
involved themselves in activity which could be deemed ... and is
deemed... if the activity ultimately is found to have taken
place...criminal behavior.
They have moved to dismiss the counts, they have moved for sanc-
tions against Morgan, Lewis & Bockius saying that we ... Morgan,
Lewis ... have no adequate predicate to make these rather dreadful
allegations against them.
Morris Brown: That is sitting there, I believe that will
be... hearings on those Motions will take place within the next 45
to 60 days. There are very complicated legal arguments involved
in Bradford litigation. It is not as simple a matter as just
saying Bradford was negligent, there are issues of whether they
had a direct relationship with the City of Tamarac, whether ESM
is entitled to recover against Bradford rather than ESM, or on
behalf of ESM, and the webs unfortunately spin and spin and spin.
So, in summary, where we stand right now is we are putting the
Grant Case together with the other plaintiffs, looking forward to
a very expedited discovery schedule where, to the extent
possible, we will share with other plaintiffs in the questioning
of witnesses and that sort of thing to the extent that we have
individual interests to pursue and do so. With Bradford, we are
fighting legal battles with respect to sustaining the allegations
in our complaint from a legal point of view, it is obviously in
Bradford's best interest to delay this as long as they possibly
can. It is in our best interests to push it as much as we can.
There may be Orders entered in the Southern District of Florida
relating to Bradford/Grant and that is just one of the things
that Bradford has done. It's said that Grant is a necessary
party and that's going to confuse things even more. There is
also talk of what is called a "Multi -District Panel" being
constituted by the Federal Judiciary so that suits brought in
various areas, including Ohio, I might add, can all be done under
one umbrella.
Finally, you have all, I'm sure, read in the papers, that Judge
Gonzalez decided to administer the bankruptcy of ESM as something
called a "Stockbroker's Liquidation". Tamarac opposed that... the
administration of the estate of the stockbroker's liquidation
since we were in the fortuitous position of being able to identi-
fy various securities that had been returned from Bradford to
Mr. Tew as the Receiver. From a proof point of view, it would
have been easier for Tamarac to go after those securities in the
context of a normal bankruptcy than in the context of a stock-
broker liquidation, though there are some other advantages to all
of the creditors as pursuant to the stockbrokers liquidation.
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6/26/85
/pm
Morris Brown: We were unsuccessful in our attempt to have it
administered as a straight bankruptcy. In that case, we were
dealing with American Savings who participated also. I think
that summarizes as best I can without a really lengthy recitation
of what is a very complicated situation of where Tamarac stands.
I am more optimistic about a quick partial recovery than I was
when I spoke to you earlier because of the accelerated schedule
with Grant. It certainly looks like there will be some
recovery... I'm not by any means able to estimate what kind of
recovery that will be. Some of it probably depends on the
economic condition of Grant and its insurance carriers.
Mr. Henning: I think, just one quick comment. I think you did a
good job of bringing the Council up-to-date of where we are today
without divulging any particular strategy. I think the Council
is also interested in knowing maybe where we are going, possibly,
I think they would like to know about how much money to expect to
spend at least on a fiscal year basis. I don't know how long
this is going to drag out, if you will forgive the phrase. I
understand that it takes a long time. I know there are a lot of
people in the audience that get impatient and can't understand
what takes so long. But, regardless, with the Council ... you
brought us up--to--date. Now, what do we expect in the next
several months, how much money should we expect to have to pay
for fees and what is the next step?
Morris Brown: I can tell you broadly what is going to happen. It
seems to me broadly what is going to happen is the defendants
will try to move as slowly and the plaintiffs as quickly as
possible to bring some of these things to actual issues. Judge
Gonzalez has indicated, with respect to Grant, and I am going to
talk primarily in terms of recoveries against Grant right now,
that he is going to segment different issues. He is going to
segment the liability issue from the amount of damage issue from
reliance issues. And, there will be a series of Motions with
respect to Motions to Dismiss, etc., starting probably within the
next 45 to 60 days, and those will be critical Motions on the
complaints and establishing liabilities. Those are Motions that
Tamarac will be individually involved in since we will have to
show individual reliance on financial statements. So, we won't
be just participating with the Receiver in groups of the credi-
tors.
I would like to remind the Council, our action against Grant is
twofold. Not only are all of ESM creditors through ESM bringing
an action against Grant, so if there is a recovery, the Receiver
will parcel it out to everyone, but Tamarac itself is individu-
ally suing Grant, seeking the recovery of its full 7 million
dollars. And, it is key for us to preserve that individual
action against Grant. There is going to be a lot of Motion,
practice and litigation dealing with that action against Grant.
Grant is potentially liable for 350 million dollars. And, there
is no question that Grant's counsel and Grant's insurance com-
pany's counsel are going to vigorously defend every comma and
every word in that action, possibly to posture themselves for a
settlement or possibly because they think they have valid defens-
es. And, we will try to treat every one individually.
I should point out with respect to that, too, that all of the
partners of Grant are individually liable for any judgment
rendered against Grant. -So, this is a very ... there is no short-
age of funding for the Grant defense fund, if you will. And, I
expect that's going to be vigorously contested.
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6/26/85
/pm
Morris Brown: At worst, it's going to bog down in a procedural
morass, because there are actions pending against Grant in Ohio,
in New York, I believe, in Texas, I believe in some of the
midwestern States. Those all have to be sorted out and probably
put together in some sort of multi -district panel for that
litigation to take place. Judge Gonzalez, based on his prior
dealings in security cases and cases like this, will do
everything he can to move this along to ...the Grant situation
along... to some sort of early completion.
Now, I have to deal with the issues with respect to Bradford.
Bradford has been sued, to the best of my knowledge, by three
entities. I expect it to be sued by more entities, I expect
Bradford's defense initially not to be substantive but to be
procedural. And, from their initial pleadings, it looks like
that indeed is going to be the case. There is going to be a
substantial amount of time devoted to dealing with Grant's proce-
dural arguments. I do not know what that timing is going to be
because it may be that before we get to the Bradford case, we
have to resolve the issues with Grant, if the Court finds Grant
is an indispensable party ... that means a party you have to have
as part of the action up in New York.
Tape 6 Morris Brown: We are dealing with Judge Gonzalez' Order which
says that everything that is brought against Grant has to be
brought in Florida and we are dealing with a Court in New York
that may well say that Grant is an indispensable party. Now,
those are difficult legal questions to resolve and I don't want
to take the position at this time on how they should
appropriately be resolved.
Finally, there is the issue of recoveries against a whole series
of creditors and parties that have dealt with ESM. Mr. Tew, I
expect, will be bringing actions ... he has or has already brought
actions, as the case may be, against a host of individuals,
including Mr. Warner and against American Savings on behalf of
all of the creditors, to the extent we can take advantage of
Mr. Tew, who I might add in my estimation, is doing a really
excellent job as Receiver in this case. To the extent we can
take avantage of what he is doing for all of the creditors and
not duplicate his work, we are trying very hard to do that. And,
in these individual actions against people like American Savings
and the preference issues and the actions against Warner, we are
really coat -tailing pretty much on what Mr. Tew is doing. He is
from a very competent law firm and there is no point in us going
over the same grounds that he does.
Because of the expedited procedure in the Grant litigation, and I
have to go back, I'm sorry, along with all of the Motion practice
that we are going to be doing, whether we constituted further
action, the Court is going to force discovery to go forward,
which means depositions and interrogatories and that sort of
thing, simultaneously. Judge Gonzalez has made it very clear
that it is not going to be an excuse to do discovery that you are
busy doing Motions. These are all large law firms involved and
he has made very clear that if you are doing Motions and Dis -
covery, have one lawyer do the Motion and one lawyer do the
Discovery. But, he is going to get it off his calendar and get
the recoveries that are available. Because of that, we are going
to incur a lot of legal expenses over the next 8 months in the
Grant litigation. I think you are probably looking at the Grant
and stockbroker liquidation here in Miami at $75,000 to $100,000
by next February, if we stay on the schedule that we are at.
32
6/26/85
/pm
Morris,Brown: In the Bradford litigation, I do not think you are
looking at as many dollars. I think over that same time period,
you are probably looking at $30,000 to $35,000 but, because of
the contin gency situation that I described to all of you, with
this multi panel and ... sort of thing going on... it could be more.
We just don't know what Bradford is going to do yet. And, of
course, it is always possible that Bradford and Grant decide they
are going to settle the litigation and make a settlement offer in
the next 8 months...I think that is most unlikely. I ... to the
best I can... gentlemen and ladies...I think that is where I see
us going.
C/M Munitz: Give you a basis for settlement right away. Let them
give us the 7 million dollars.
Morris Brown: I'll suggest that. I think probably the perception
is that until several of the legal issues that are pending are
resolved, the defendants in these cases do not ... they have no
reason to settle. They can only win right now. The dollars
involved are so big that the legal fees they are incurring in
defending the action are almost irrelevant to them.
Mayor Kravitz: Jon, is there anything you want to take up?
Mr. Henning: Well, let's see, as I recall, we had about a total
of $35,000 allocated up until now. We paid about $17,000 at the
first billing.
Mr. Henning: We have $31,500 which...apparently, this hand-out
has been up -dated slightly ... so let's deal with the invoice in
front of us which is about $31,500. We need additional
authorization to at least cover the bill and maybe...and probably
more than that. And you need to address the bill. Council, one
thing that I think you should consider is, as we get to the close
of the fiscal year, I would assume that you would want to pay
this year's debts with this year's money and not necessarily drag
liabilities on to the next year. And, so ... while you are here..
we should probably alert our attorneys that we do not want them
to hold the next bill to say, October 15th, because our fiscal
year is October 1 and I think that we would like...
City Manager -Johnson: September... end of September.
Mr. Henning: Right. So we would like to have a ... maybe ... mid -
September bill or a September lst bill, if you are following what
I am saying.
Morris Brown: I can accommodate you, Jon, within 3 weeks after
the end of any month...I can send you a bill for all the time
through that and all you would have to do is... just ask.
Mr. Henning: Well, regardless, at this point we need... if Council
intends to continue to pursue this ... we need additional
authorization, we need to identify a fund and then we need to
discuss the invoice.
V/M Massaro: Where is the fund? Have you got some in your
pocket?
Mr. Henning: Frankly, this was not really clarified at the last
authorization. There was discussion that there was going to be a
transfer to my fund but we were concerned about... as far as
Professional Services.
r��
1
33
6/26/85
/pm
J
Mr. Henning: I don't think that occurred and it may distort the
City Attorney's budget to have it there. But, Elly, I have to
defer to you as far as line items or Contingencies or whatever...
City Manager Johnson: There's no problem with transferring to
that category. It's like you said...it looks like it's distorted
but the amount...we can segregate that and take it out so that it
will reflect the true amount.
Mr. Henning: I think the significant part is not so much where
it's going but where it's coming from. That's what we are talk-
ing about...I think that's what the Vice Mayor's alluding to...
what fund will it come from and then it's a question whether we
create a fund or put it in the City Attorney's Professional
Services or where ever you want to put it, that's not the pro-
blem. The question is where does it come from.
Mayor .Kravitz: We have a Contingency...
City Manager Johnson: Out of the Contingency.
C/M Munitz: Is that much less than that?
C/M Stein: I'm sure there's enough to pay this bill.
C/M Munitz: Yeah, yeah, but we're talking about a lot more than
just this bill.
V/M_Massaro: Well, what do you think about $15,000 in addition to
this bill?
Mr. Henning: Well, this is about 11 to 14 under? 17 from 25...17
from 35...it's...
C/M._Stein: You need about $15,000 authorization.
V/M Massaro: Yeah.
C/M Munitz: In addition to this bill or...
V/M Massaro: No, no.
Mr. Henning: We're not addressing the bill yet.
V/M Massaro: We're only talking about...
C/M Stein: About funds...I think we need an authorization...
V/M_Massaro: You got $50,000 in that fund? The Contingency?
City -Manager Johnson: Well, there's more than that.
V/M Massaro: All right, then, I would MOVE that a sum of
$50000 be taken out of Contingency and put into the legal fees
fund.
C/M Munitz: Why don't we keep it separate from the regular legal
fees.
V/M Massaro: Well, we already have to segregate some of the
monies that were paid so... it don't make much sense...
Mayor Kravitz: All right. The MOTION as I understand it is to
set aside $50,000...
34
6/26/85
/pm
V/M Massaro: And that the City Manager create a fund that this
money will be placed into and any monies that had already been
paid to Morgan, Lewis & Bockius be transferred to that fund so
that we have a complete picture.
City Manager Johnson: You want a separate fund or a line item..
V/M Massaro: Let's have a separate fund so that we can just hit
that button and see what we've got.
Mr. Henning: And that will be a total ... so far, that will bring
the authorization up to $85,000.
C/M Munitz: That was going to be my next question. This 50 will
make it 85.
Mr. Henning: Yes.
Mayor Kravitz: All right, we have a MOTION, do we have a SECOND?
C/M Stein: I'll SECOND it.
Mayor -Kravitz: And a SECOND. Question?
Vickie Beech: May the audience ask Mr. Brown a question?
Mayor Kravitz: Yes. Come up, identify yourself and you may ask
through the Chair.
V/M-Massaro: if you can find a question that will help us get the
money, please ... be my guest.
Vickie Beech: I would like to but, I'm sorry, I grew up a long
time ago about fairy tales. My name is Vickie Beech, I'm a
resident. Mr. Brown, I heard you mention most of the discussion
was about Alexander Grant. I wonder, sir, in the event that
Alexander Grant should go into bankruptcy, how ... where does that
leave us?
V/M Massaro: They've got insurance.
Morris Brown: Well, Alexander... the action against Alexander
Grant gives rise to more potential liability then just the
liability of the Alexander Grant partnership. The Alexander
Grant partnership is a group of some 700 individuals, each of
whom are individually liable for any judgment that's recovered
and they are also insured by professional malpractice insurance
by a major carrier who certainly seems solvent. So, there are a
lot of pockets involved in the Grant litigation giving rise to
potential recovery.
Vickie Beech: The other question I would like to ask, sir, is
that you have commented there might be recoveries. What ... how
much recovery do you think that we might...
Morris Brown: M'am, I can't speculate. Between American Savings,
Grant, Grant's carriers, Bradford and the other people who Mr.
Tew is investigating bringing actions against, along with various
individuals from ESM, it is certainly within the realm of
possibility that there could be a very substantial recovery.
35
6/26/85 ,
/pm v
Vickie Beech: But it will go into the pot, so to speak, as the
papers have quoted, that we will all be getting a certain segment
pro-rata, possibly? From the quoting of the papers,
Judge Gonzalez's decision...
Morris Brown: No, the papers, I think, have done an excellent job
in reporting on the status of this litigation, the necessity to
get new encapsuled and out to people often makes the complexities
of the situation seem much more simple. Our action against Grant
is individual as well as ... as we were talking with Council ... as
part of the creditors participating in the pot. Our action
against Bradford is an individual action against Bradford, though
I would presume, if there is a recovery, there will be an effort
on behalf of the other creditors to throw any recovery into the
pot also. So, it's...and by no means is the law settled that,
given the fact that we can identify certain securities that were
returned to Mr. Tew as Receiver, that we will not have a greater
interest than other creditors in the securities. Though the
administration of the bankruptcy is a stockbroker liquidation
makes it more difficult to prevail on that.
Vickie Beech: Isn't it possible that the legal fees will probably
exceed the recovery?
Morris Brown: I think that's most unlikely.
Vickie Beech: Thank you.
V/M Massaro: You think, what? I didn't hear that.
Morris Brown: I said I think that's most unlikely.
Mayor Kravitz: We have right now a MOTION and a SECOND is that
correct? Mr. Solomon, you have your hand up. Would you come up,
identify yourself...
Ed -Solomon: Ed Solomon, Tamarac. When was the last time this
Council got this kind of a report? I think it's a great report.
I think I know what they are trying to do now. Have you ever had
this report before?
CZM_Gottesman: Yes.
Ed Solomon: And we have been kept in total ignorance...
V/M Massaro: No, you haven't. It's been public.
Ed -Solomon: I have missed every...I have been here for every
meeting, please.
V/M Massaro: It's been public.
CZM Gottesman: Then you were caught napping.
Ed Solomon: I don't nap.
M yor_Kravitz: Let's go. This is for the authorization now.
C/M_Munitz: If I may, Bradford is a corporation, is that
correct?
Morris Brown: Yes, sir. I've used Bradford in a short form,
Bradford really is an affiliated group of corporations. We've
sued all of them that we could find and as we find more, we're
going to add them on to the complaint.
time
6/26/85
/pm �l
C/M Munitz: Who is the parent company, do you know?
Morris Brown: It's not clear what the name of the parent company
ultimately is going to be. That's part of what we are sorting
through right now.
Mayor Kravitz: All right. City Clerk, call the roll please.
Carol Barbuto•
C/M Stein
Aye
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
End of Verbatim Transcript on this item.
b) V/M Massaro MOVED that the bill of $31,546.90 due Morgan, Lewis &
Bockius be paid with the money to come from a fund which the City
Manager is to have established. SECONDED by C/M Gottesman.
VOTE•
PUBLIC HEARINGS
ALL VOTED AYE
15. Child Care Facilities - Temp -.-Ord. #1204 - Discussion and
possible action to amend Chapter 12A of the Code to conform
to Broward County Code regarding minimum outdoor space per
child requirements. Second Reading.
SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-34 PASSED.
on second and final reading.
Public Hearing was held.
Mr. Henning read Temp. Ord. #1204 by title.
Mr. Henning said this Ordinance was brought to Council's atten-
tion by the Board of Adjustment since the City's Code references
the Broward County Code, Chapter 7 and 7.5, on child care
facilities. He said the Code has been revised in the County and
the City's Code did not reflect the revised numbers and this
would adopt the entire Broward County Code.
Mayor Kravitz opened and closed the public hearing with no re-
sponse.
V/M Massaro MOVED APPROVAL of Temp. -Ord. #1204 on second and
final reading, SECONDED by C/M Munitz.
VOTE•
ALL VOTED AYE
37
1
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6/26/85
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16. Bruce Egan - Rezoning Petition #27-Z-84 - Temp. Ord.
#1148 (revised) - Discussion and possible action to rezone
lands at the southeast corner of University Drive and NW 64
Street, extending eastward to the western boundary of Van-
guard Village and southerly to St. Malachy property, from R
3 (Low Density Multiple Dwelling) to B-2 (Planned Business)
and S-1 (Open Space/Recreation). This action is pursuant to
Court Order. Second Reading.
a) Acceptance of Affidavit of Publication
b) Consideration of application
SYNOPSIS OF ACTION: ORDINANCE NO. 0-85-35 PASSED.
a) ACCEPTED Affidavit of
Publication.
b) APPROVED Temp. Ord. #1148
on second and final reading.
Public hearing was held.
a) Mr. Henning read Temp. Ord. #1148 by title.
Mayor Kravitz asked the Assistant City Clerk if the Affidavit of
Publication was received and she so confirmed. C/M Munitz MOVED
ACCEPTANCE of the Affidavit of Publication, SECONDED by
V/M Massaro.
VOTE: ALL VOTED AYE
b) Mr. Henning said this is the property on the east side of Univer-
sity Dr., approximately one block north of the 61st St. traffic
light. He said this was brought to Council earlier and, after a
Court Case, Judge Lee directed the City to reconsider the previ-
ous Denial. He said Mr. Egan is still offering the 50-foot
buffer on the east side of the property to be S-1 to buffer the
residences from this parcel. He said the City staff has had
discussions with representatives of Mr. Egan because it is in the
area of the City's wellfield and the City is negotiating
additional wellfield easements on his property so that the well -
field program can be expanded. He said this is B-2 zoning and
there is no site plan at this point determining what this pro-
perty will be used for.
V/M Massaro asked if the 50-foot setback for S-1 is the land that
must be dedicated for expansion of University Dr. and Mr. Henning
said no, that is on the other side of the parcel. He said the
50-foot S-1 parcel is on the east side, which would be the back
of the building, separating it from the homes in the back.
Mayor Kravitz opened the public hearing. Albert Brown, resident,
asked if trees would be planted in that 50-foot easement to help
with the noise in that area and Mr. Henning said this is not at
the site plan stage as yet but there will be a landscape plan
submitted including the beautification of the 50-foot easement.
Mel Rano, resident, said in back of his property there is a row
of Australian Pines and the residents there are uncertain who
owns them. He asked if Mr. Egan intends removing the Pines and,
if so, what will be put there. Mr. Henning said a survey of the
property will have to be made and the property line will be
determined. He said the maintenance of these trees should be
determined as well. V/M Massaro asked if there is not a County
Ordinance that prohibits removing trees and Mr. Henning said
there is an Ordinance that requires replacement of trees that are
removed..
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6/26/85
/pm
Mr. Rana asked Mr. Rubin if the 50-foot easement for S-1 buffer
is in addition to the 25-foot setback for B-2 zoning and
Mr. Rubin said the Code states that if a commercial property
abuts a residential or S-1 zoned property, the setback is a
minimum of 25-feet. Mayor Kravitz closed the public hearing with
no further response.
V/M Massaro MOVED APPROVAL of Temp. -Ord. #1148 on second and
final reading, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
17. Jasmine Pro'ect Pulte Homes Cor - Discussion and
possible action on:
a) Petition #1-V-85 - Vacation of certain utility easements
within a portion of Cypress at Woodmont III (Woodmont
Tract 77 and a portion of Tract 68) - Temp. Ord.
#1201. Second Reading.
b) Petition #2-V-85 - Vacation of certain drainage easements
within a portion of Cypress at Woodmont III (Woodmont
Tract 77 and a portion of Tract 68) - Temp. Ord.
#1202. Second Reading.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-85-36 PASSED.
APPROVED a) and b) on ORDINANCE NO. 0--85-37 PASSED.
second and final reading.
Public hearing was held.
a) Mr. Henning read Temp-.-Ord.--#1201 by title.
Mr. Henning said this was Cypress III and there is a new buyer
and builder, Pulte Homes. He said these old easements are being
vacated and the City will receive a blanket easement for the new
development and the corrected easements will be dedicated to the
City at a later time.
Mayor Kravitz opened and closed the public hearing with no re-
sponse.
V/M Massaro MOVED APPROVAL of Temp. Ord. #1201 on second and
final reading, SECONDED by C/M Gottesman. Mr. Henning noted for
the record that Ed Ploski of Craven & Thompson was present on
this item.
VOTE:
ALL VOTED AYE
b) Mr. Henning read Temp._ Ord_._ #1202 by title.
Mr. Henning said the previous Ordinance was for utility easements
and this one is for drainage easements. Mayor Kravitz opened and
closed the public hearing with no response.
C/M Gottesman MOVED APPROVAL of Temp. Ord. #1202 on second and
final reading, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
18. Sale of Alcoholic Beverages - Temp._Ord_.#1203 - Discussion
and possible action to amend Chapter 3 of the Code by
providing for a special permit to allow extended hours for
on --premises consumption. Second Reading.
YN P IS OF ACTION:
APPROVED on second and final
reading as amended. Public
hearing was held
ORDINANCE NO. 0-85-38 PASSED.
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6/26/85
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Mr. Henning read Temp. Ord._#1203 by title and noted that this
was the 6/18/85 revision.
Mr. Henning said this had first reading at the last meeting and
there was a question as to whether or not this would have an
across-the-board effect changing the hours to 7:00 A.M. for all
businesses that sell alcoholic beverages in the City for on -
premises consumption. He said he sent a memo to Council indicat-
ing the various businesses that are on record with the
Occupational Licenses in the City and, at that point, he was
directed to revise the Ordinance to provide that not only the
holidays of St. Patrick's Day and New Years Eve but that the
time of 7:00 A.M. would also be included in the special permit
process. He said he left Sunday the way it presently is, which
is until noon.
C/M Stein said Woodmont Country Club has requested that Council
consider changing the time on Sunday especially since they would
like to serve brunches at 10:30 or 11:00 A.M. V/M Massaro said
the reason for this time law was because of Masses on Sunday but
times have changed and Masses now take place on Saturday nights
as well. She said she feels any deviation from regular hours
should be by application so that it can be monitored.
Mr. Henning said the change would be on Page 1, Line 35, "except
Sundays" should be stricken and "including Sundays" should be
inserted. Mayor Kravitz opened the public hearing.
Florence Bochenek, Chairperson of the Beautification Committee,
asked what hours are intended in this change and Mr. Henning said
presently the hours are 8:00 A.M. until 2:00 A.M. with no opening
until noon and can be run until 2:00 A.M. on Monday morning. He
said this change, by special permit, would allow applications for
individual businesses to stay open until 4:00 A.M. on New Years
morning and the morning after St. Patrick's Day and to open at
7:00 A.M. on any day including Sunday instead of 8:00 A.M. V/M
Massaro noted that the closing time will remain 2:00 A.M. on all
other days.
Barry Eden, representing the Oasis Lounge, said his clients have
been waiting for this Ordinance to be passed. Mayor Kravitz
closed the public hearing with no further response.
V/M Massaro MOVED APPROVAL of Temp. Ord. #1203. as amended on
second and final reading, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
33. Laird's Hardware Store - Si n Waivers - Temp. Reso.
13682 - Discussion and possible action to ratify Council's
action regarding sign waivers.
SYNOPSI_S__OF_ACTION: APPROVED
for a sign called the "Second
Wall Sign" located on the west
elevation of the building.
RESOLUTION NO. R-85-217 PASSED.
Mr. Henning read Temp. Reso. #3682 by title.
40
6/26/85
/pm
Mr. Henning said approval of this would mean three authorized
signs which are identified by their location. He said techni-
cally, Council approved the third sign at the last meeting. He
said the third sign was on the east elevation and this sign is on
the west elevation of the building. Florence Bochenek,
Chairperson of the Beautification Committee, said this is just a
bookkeeping item.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #3682, SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
LEGAL AFFAIRS
19. Sale of Alco olic Beverages - TeMR. Reso. #3670 - Dis-
cussion and possible action to establish a fee schedule for
special permits allowing extended hours for on -premises
consumption.
SYNOPSIS OF ACTION: APPROVED
a $500.00 fee for a three --year
period (See Below)
Mr. Henning read Temp. Reso._#3670 by title.
Mr. Henning said this is the fee that is authorized by the Ord-
inance that was just passed and would cover the administrative
costs of processing investigations for staff. He said it would
cover up to a three year fee and the renewal would be the same
cost as the original application.
Tape 7 V/M Massaro said since this is a three-year application, the fee
should be $500.00 for the three-year period and she so MOVED.
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
PUBLIC HEARING
18. Sale of Alcoholic Bevera es - Temp. Ord. #1203 - Dis-
cussion and possible action to amend Chapter 3 of the Code
by providing for a special permit to allow extended hours
for on -premises consumption. Second Reading.
SYNOPSIS OF ACTION: (See Page 40)
Further amended Temp. Ord. #1203
in the title.
Mr. Henning noted that there should be the following language
stricken from the title of Temp. Ord. #1203, "on New Years Eve
and St. Patrick's Day".
C/M Stein MOVED APPROVAL of the amendment to Temp. Ord. #1203,
SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
LEGAL AFFAIRS
19. Sale of Alcoholic Beverages - Temp. Reso. #3670 - Dis-
cussion and possible action to establish a fee schedule for
special permits allowing extended hours for on -premises
consumption.
SYNOPSIS OF ACTION: RESOLUTION NO. R-85-203 PASSED.
(See Above) APPROVED
Temp. Reso. #3670 as amended.
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Mr. Henning said there should be a Council Vote approving Tema.
Reso. 3670 as amended, inserting a $500.00 fee in Section 1 and
C/M Gottesman so MOVED. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
25. S & H Green Stamp Redemption Center - Discussion and
possible action on:
a) Stipulation #18 - Temp. Reso._#3631
b) Site Plan -- Temp._ Reso._ #3676
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
f) Canal Maintenance Easement - Temp. Reso. #3677
g) Right -of -Way Deed for 2-feet along McNab Road - Tema.
Reso. #3678
h) Utility Easement - Temp. Reso. #3679
(to be located on the north side of McNab Road, west of
NW 80 Avenue).
SYNOPSIS OF ACTION: RESOLUTION NO. R-85-208 PASSED.
APPROVED a), e), f), g) and h). RESOLUTION NO. R-85-209 PASSED.
APPROVED as amended b), c) and d). RESOLUTION NO. R-85-210 PASSED.
RESOLUTION NO. R-85-211 PASSED.
RESOLUTION NO. R-85-212 PASSED.
a) Mr. Henning read Temp. Reso. #3631 by title.
Mr. Henning said this Stipulation agrees to the following:
1. that the parcel west of Sunniland Bank across the canal will
remain B-6 as it is presently in the Code.
2. a seawall is not required to be built along the canal on the
east property line.
3. the land may be developed as a trading stamp redemption
center.
4. that "One Way" entry and exit drives at McNab Road shall be
built 18-feet wide.
5. the dumpster enclosure shall be built on the west side yard
setback.
V/M Massaro said she has a problem with the dumpster being in the
setback and suggested Council move on to b).
b) Mr. Henning read Temp. Reso. #3676 by title.
Richard Rubin, Consultant City Planner, said S & H Green Stamps
has prepared a Stipulation to comply with the City's standards in
order to build on a piece of property located on the north side
of McNab Road abutting NW 70 St. and, on the west side of the
canal, it will abut Sunniland Bank. He said the property is
slightly short of an acre in size. He referred to the Develop-
ment Review Status Sheet, Page 2, where there was a fee in the
amount of $845.07 noted for "On -Site Beautification", which is
based upon 6-1/2% of the construction cost for the landscaping.
Mr. Rubin said they felt the best place for the dumpster would be
on the west side of the building so that the loading zone could
also act as a fire lane, however, the City's B-6 Ordinance states
that dumpsters are not allowed in sideyard setbacks. He said
since this property is adjacent to commercial property on the
west side, they felt this was the best location for this
dumpster.
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6/26/85
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Mr. Rubin said if the dumpster were located on the northwest
corner of the building, it would exasperate the Fire Department's
effort to have fire service along the side of the building. He
said if it were located on the north or south side of the build-
ing it would be facing the road and that is not preferable.
Mr. Rubin said a dumpster could be placed abutting the building
so that there could be 6-feet of landscaping instead of 3-feet.
V/M Massaro said if this was done that way, there would be room
enough to put the asphalt there and have landscaping around the
dumpster. Lawrence Kramer, applicant, said he would agree to
the change of the dumpster location.
V/M Massaro MOVED APPROVAL of Tem Reso. 13676 approving the
site plan with the change of the dumpster being moved closer to
the building with 5 to 8-feet of beautification, whatever the
change will allow. She added that this particular area must be
brought back to the Beautification Committee for approval of what
is placed around the dumpster. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
a) V/M Massaro MOVED APPROVAL of Stipulation #18, Temp. Reso.
#3631, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
c) Mr. Rubin said the Landscape Plan was approved by the Beautifica-
tion Committee and staff recommended approval with the amendment
made in the approval of the site plan. V/M Massaro noted that
there is a fee of $845.07 due at the appropriate time.
V/M Massaro MOVED APPROVAL of the Landscape Plan with the change
as indicated with the site plan approval regarding the relocation
and beautification around the dumpster. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
d) Mr. Henning said on Page 1 of the Water and Sewer Developers
Agreement, delete the names of "John and Sherry Primus and W. and
Olga Goldstein" and include "Glen Quesenberry" as the developer
and owner with his address. He said he must sign and notarize
this as the owner and on Exhibit D, the information relating to
residential use should be removed indicating just non residential
use with a total of 2-1/2 ERC's at the bottom.
V/M Massaro MOVED APPROVAL of the Water and Sewer Developers
Agreement as amended by the City Attorney today, SECONDED by
C/M Munitz.
► 8104W,
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
e) Mr. Henning said the Water Retention Agreement has been executed
and he recommended approval.
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6/26/85
/pm
V/M Massaro MOVED APPROVAL of the Water Retention Agreement,
SECONDED by C/M Gottesman.
VOTE•
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
f) Mr. Henning read Temp. Reso. #3677 by title.
Mr. Henning said the Canal Maintenance Agreement has been fully -
executed by the developer and he recommended approval.
C/M Gottesman MOVED APPROVAL of Temp.Reso._#3677, SECONDED by
C/M Munitz.
VOTE:
C/M Stein
Absent
C/M Munitz
Aye
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
g) Mr. Henning read Temp. Reso. #3678 by title.
Mr. Henning said subject to being notarized, he recommended
approval of the Right -of -Way Deed for 2-feet along McNab Road.
V/M Massaro MOVED APPROVAL of Temp. Reso. #3678, SECONDED by
C/M Gottesman.
VOTE:
C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
h) Mr. Henning read Temp. Reso.�3679 by title.
Mr. Henning said this Utility Easement has been executed and
notarized and he recommended approval.
V/M Massaro MOVED APPROVAL of Temp,-Reso. #3679, SECONDED by
C/M Munitz.
VOTE•
C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
EDITOR'S NOTE: The following checks were submitted at the
meeting:
$1,566.80 - Drainage Retention
3,825.00 - Water and Sewer Fees
114.40 - Drainage Improvement Fee
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22. Financial Center at Woodmont -Discussion and possible action
on:
a) Concept site plan
b) Stipulation #19 - Temp. Reso._#3672
(tabled from 6/12/85)
SYNOPSIS OF ACTION: RESOLUTION NO. R-85-205 PASSED.
a) REMOVED from the agenda
b) APPROVED with the proper
persons authorized to sign
this document.
a) Mr. Rubin said there was a request to REMOVE the concept site
plan from the agenda and C/M Gottesman so MOVED, SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
b) Mr. Henning read Temp. Reso._#3672 by title.
Mr. Rubin said Barry Eden represents a parcel of land in Section
41 which is part of the overall Court Order. He said he has
proposed to build a complex that would be consistent with City
Code and he has submitted a concept plan to the Planning
Commission that was reviewed three different times. He said they
have finally developed a plan that would comply with City Code
and Mr. Eden felt the City should discuss this proposal and, if
agreeable, should enter into Stipulation #19. He said this
Stipulation states:
1. Mr. Eden will submit to the City a rezoning request from B-6
to B-1 and, if the City should agree to allow this rezoning,
he will follow all of the City's Ordinances.
2. Mr. Eden will prepare a site plan in compliance with City
Code to be tied in with the rezoning so that when this is
rezoned it will be clear what this project will look like.
Mr. Henning said this Stipulation will be subject to execution by
the appropriate parties.
V/M Massaro MOVED APPROVAL of Temp. Reso. #3672, Stipulation #19,
with the appropriate parties authorized to execute this document,
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
31. The Arbors at Isles of Tamarac - Model Sales Facility_ -
Discussion and possible action to renew a model sales permit
and waiver of the 150-foot distance requirement for certifi-
cates of occupancy (tabled from 6/12/85)
_SYNOPSIS OF ACTION: APPROVED
for 6 months from 6/13/85 and
to expire on 12/13/85.
V/M Massaro asked where the City is at this point with this
project and Mr. Henning said there was a project called Isles of
Tamarac and it had several owners. He said when the bank took it
over, The Arbors at Isles of Tamarac purchased 30 of the lots and
they brought those lots up-to-date and maintained the connection
charges, fees and guaranteed revenues involved. He said the
seller of the property owns some other lots of Isles of Tamarac
and that must be researched further to bring that development up
to -date.
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6/26/85
/pm
1
1
I
V/M Massaro asked if this has been reduced from the original
amount owed by the Isles of Tamarac and Mr. Henning said several
months ago they executed their own Water and Sewer Agreement and
brought and maintain their account up-to-date.
V/M Massaro MOVED to extend the model sales permit for an
additional 6 month period, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
30. Tract 24 - Temp. Reso . #3681 - Discussion and possible action
to temporarily waive the platting requirements in Chapter 20
of the Code in order to construct public improvements.
SYNOPSIS OF ACTION: TABLED
to the 7/10/85 Council meeting.
Mr. Henning read Temp._Reso. #3681 by title.
V/M Massaro said a Hold Harmless Agreement is required for this
along with a Demolition Permit in the amount of $7,600.00.
Mr. Henning said they have prepared an agreement which he review-
ed and Alan Kan of Bedzow and Korn,P.A., said the indemnity is in
Paragraph 1 C. He read Paragraph 1 C, "that we will indemnify
and save harmless the City against all liability, loss, damages,
expenses, which seemingly hereinafter after occur, suffer or be
required to pay by reason...". He said in addition, they have
asked for a cash bond to be posted and they have provided, in
Paragraph 2, that not only will they post their regular perform-
ance bond when they need a permit, but they will also furnish the
City with a cash bond in the amount certified by their engineer
to cover the cost of demolition of the improvements in the event
the plat is not approved by the County.
Mr. Kan said he does not have the check in the amount of
$7,600.00 at this meeting but will have it when they come in for
the permits. V/M Massaro MOVED to TABLE this item to the 7/10/85
Council meeting, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
29. Lake Colon Brookwood Gardens - Warrant Bond - Temp.
Reso. 13656 - Discussion and possible action to call a bond
posted for public improvements (tabled from 6/12/85)
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85--216 PASSED.
as amended.
Mr. Henning read Temp. Reso. 3656 by title.
V/M Massaro said Bob Huebner, attorney for the Lake Colony, said
this morning that they cannot extend that bond. She said
Bob Foy, Deputy City Engineer, said that a cash bond of $10,000
is more than adequate for the 7 items that remain to be com-
pleted. She said Mr. Huebner agreed that this bond would be
given to the City not later than Friday, 6/28/85. She said if
this bond is not delivered to the City by Friday, the bond will
be called.
Mr. Henning said Section 2 will read, "Bond No. 8062350 posted by
Bay Colony Properties, Inc., as Principal, and Firemens' Fund
Insurance Co., as Surety, is hereby released provided that a
$10,000.00 cash bond is received by the City of Tamarac by Fri-
day, June 28, 1985, otherwise it shall be called on Friday."
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6/26/85
/pm
Mr. Henning said the title should read, "A Resolution regarding
disposition of the bond posted by Bay Colony Properties, Inc...
etc.
V/M Massaro MOVED APPROVAL of Te Reso. #3656 as amended,
SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
40. Fenton Decorators - Violation of zoning Code by_goinq
upholstery work - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1)
The owner was given an extension
of 3 months to bring his
establishment into conformance
with City Code.
V/M Massaro said Fenton Decorators is in violation of the City
Code by doing upholstery work at that location for the past 6
years and would like to remain there. She said the other busi-
Tape 8 nesses in that building are:
Deli Warehouse Outlet Hair Fantasy Beauty Salon
Apco Quick Print Hugh Discount Store
Wah Luck Chinese Restaurant Shutter Bug Photo
Dog Grooming Bruno Produce
Pastry Produce Pay Less Cleaners
La Hosteria Restaurant Mimi Kay Realty
She said this shows the wide mix of uses at that location. She
said the owner of the business could consult with the landlord
and suggest a rezoning to B-2 so that he could stay at that
location.
C/M Stein said he agrees with V/M Massaro. Mr. Henning said if
the upholstery were an accessory use and a minor part of the
business, it would probably be permitted in B-1, however, the
upholstery business is the predominant business here. C/M Stein
said Mr. Fenton is in violation and should contact the landlord.
Mayor Kravitz suggested the City Attorney research this for the
next regular meeting. V/M Massaro asked the Chief Building
Official what can be done to help Mr. Fenton temporarily.
Mr. Jahn said he could give Mr. Fenton an extension of time with
two alternatives, the City could initiate a rezoning or the
owners of the property could.
V/M Massaro MOVED that the man be given an extension of 3 months
to bring himself into compliance with the City's requirements.
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
GENERAL-ADMINISTRATIVE/FINANCIAL
9. City Depository - Discussion
the City's sweep (checking)
Report and recommendations.
SYNOPSIS OF -ACTION: The City
Attorney was authorized to contact
NCNB and move forward in terminating
the agreement the City has with them
at this time relating to bonding.
There are no changes on the daily
banking procedures.
and possible action regarding
account at NCNB Bank of Florida.
(tabled from 6/12/85)
47
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6/26/85 i
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Mr. Henning said there was contact with the Manager of NCNB and
they have indicated that they would be agreeable to discontinue
the contract under the bonds, however, they would still like to
be the bank for the City. Be said at the last meeting, Council
directed the City staff to get some additional proposals on the
types of accounts that could be used in lieu of the sweep
account.
City Manager Johnson said they spoke to one other bank besides
NCNB and they suggested that a process called a "third party
safe -keeping" be used. He said the City would have to have one
or two full-time employees to handle this because the Federal
Reserve has changed their time for clearing checks and there are
two transactions per day required. He said the only alternative
is to go back to a basic checking account with computations of
what the balance should be with the rest of the funds invested in
the U.S. Treasury Security Accounts. He said he hopes to have a
meeting with the bank and have a report for Council. He said at
this point, with the personnel and costs involved, a Passbook
Account might be more beneficial.
City Manager Johnson said he heard Barnett Bank has been working
on a program with other cities and he will contact them along
with other banks concerning this. He said the City is under no
obligation to NCNB. Mr. Henning said Council is not suggesting
that any banking arrangements be changed with NCNB at this point.
V/M Massaro MOVED that the City Attorney contact NCNB and move
forward in terminating the agreement the City has that states the
City must use NCNB as long as the bonds are outstanding.
Mr. Henning noted there will not be any changes made in the
present banking arrangements the City has with NCNB as far as
day-to-day operations. SECONDED by C/M Munitz.
VOTE•
LEGAL AFFAIRS
ALL VOTED AYE
21. Woodlands -Section 2, Phase 1 - Temp._Reso. 43671 - Dis-
cussion and possible action to vacate a 5-foot utility ease-
ment between Lot 10 and Parcel G-10 of Block 18.
OYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-204 PASSED.
Mr. Henning read Temp. Reso. #36,71 by title.
Mr. Henning said this concerns a homeowner in the Woodlands who
is seeking to have the utility easement vacated and the City
received waivers from the appropriate agencies including Tamarac
Utilities West, the phone company, the power company and the
cable TV agency. He said staff recommends approval.
V/M Massaro MOVED APPROVAL of Temp. Reso. #3671, SECONDED by
C/M Munitz.
VOTE• ALL VOTED AYE
48
6/26/85
/pm
GENERAL. ADMINISTRATIVE/FINANCIAL
10. CityDepartmental Reorganization -- Discussion and possible
action on:
a) Report by City Attorney on City Manager's authority to
reorganize departments.
b) Establishing a provision in the Code outlining the organi-
zation of City departments and divisions by Temp.
Ord. #1206. First Reading.
c) Confirmation of the following appointments by the City
Manager:
1) Larry Perretti as General Services Director/Assistant
City Manager
2) Michael Couzzo as Public Works Director
SYNOPSIS OF ACTION:
a) City Attorney gave a report.
b) and c) TABLED.
a) Mr. Henning said there is a provision in the Charter which states
under the City Manager's Authority that he shall exercise the
administrative powers of the City through such departments,
divisions, agencies as the Council may, by Ordinance, from time
to time establish. He said, based on that provision, he prepared
the Ordinance under b). He said this was first discussed at the
last meeting during the Student Government portion of the meeting
and it was brought as a report from the City Manager to introduce
the concept he was considering in the reorganization. He said
Council, at that time, voted an approval of his plan.
Mr. Henning said he did not find Ordinances establishing the
departments prior to this and he felt this Ordinance is best at
this time. He said it creates a new Chapter in the Code which is
the Administrative Departments. He said he thinks the Council
should direct the City Manager when he should make his changes
effective.
b) Mr. Henning read Temp. Ord. _#1206 by title.
c) Mr. Henning said this Ordinance is pursuant to Section 5.05 of
the City Charter which authorizes the Council to pass Ordinances
establishing the various departments so that the City Manager can
administer the City. He said he listed in Section 2 A-1, the
various departments and then enumerated the divisions in the
General Services Department. He said there may be other divi-
sions in some of the other departments. He said the General
Services is a support department that services the City opera-
tion, such as, data processing, purchasing, risk management,
personnel, etc.
Mr. Henning said since an Assistant City Manager's position is
being created, it was provided that the City Manager will dele-
gate some of his responsibilities to that individual. He said on
Page 2, a great majority of the salaries for the employees are
established by union contract and those that are not can be
addressed by a separate Resolution which will be brought to
Council at the second reading of this Ordinance.
V/M Massaro said she is in complete disagreement with this Ord-
inance since she feels the City Manager should be responsible for
all departments. She said she does not like the General Services
Department concept at all and she felt that Purchasing belongs in
the Finance Department. She said on Page 2 where it states, "at
the discretion of the City Manager", should state, "at the
discretion of the City Council". She said for departments to be
responsible to someone other than the City Manager is contrary to
the City Charter. She said the Council should concentrate on how
to save money now.
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6/26/85
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City Manager Johnson said this would not spend more money since
one full department head level person would be eliminated and
V/M Massaro said she does not agree. She said this should be
given thought with concentration on what can be changed that is
not being done right.
V/M Massaro MOVED to TABLE both b) and c) of this item, SECONDED
by C/M Stein.
C/M Stein said there some sheets that state effective 6/27/85
certain people will be given wage increases and City Manager
Johnson said he followed the Resolution that was passed a few
weeks ago. Mr. Henning explained that there was a Resolution
passed a few weeks ago that stated that Council would be notified
of extraordinary increases in salary 10 days in advance of the
effective date. City Manager Johnson said those employee changes
are not effective now since Council has not approved the depart-
mental reorganization as proposed.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVEIFINANCIAL
39. Interlocal Agreement with Broward County re ardin 5th and
6th Cent Gas Tax - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1)
(See Pages 23 & 27)
HELD for the Reconvened Meeting
on 6/28/85 at 1:00 P.M.
Dan Saale, Deputy Finance Director, said at the City Attorney's
request, he contacted Andrew DeGraffenreidt, City Attorney of
Hollywood, to determine why Hollywood did not sign the agreement
with Broward County. He said Mr. DeGraffenreidt stated that to
his knowledge there were no material reasons beyond a possible
political statement they were trying to make to Broward County.
Mr. Henning said the County needs a majority plus one vote to
pass this but a referendum is not needed.
V/M Massaro MOVED to TABLE this item and the MOTION DIED for lack
of a SECOND. Mayor Kravitz suggested no action be taken at this
time and this item be HELD to the Reconvened Council meeting on
Friday, 6/28/85 at 1:00 P.M.
COMMUNITY DEVELOPMENT
23. Woodlands Section 2 -- Revised Site Plan - Temp.. Reso.
#3673 - Discussion and possible action on a revised site plan
for a Clubhouse screen porch enclosure.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-206 PASSED.
Mr. Henning read Temp. Reso. #3673 by title.
V/M Massaro MOVED APPROVAL of Temp. Reso. #3673, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
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28. Woodmont Tract 64 - Bond Release - Temp. Reso. #3501 -
Tape 9 Discussion and possible action to release a cash bond posted
to guarantee removal or demolition of a temporary structure
(tabled from 2/27/85)
SYNOPSIS OF ACTION: APPROVED
releasing a $2,000.00 cash bond
posted to guarantee removal of a
temporary structure.
RESOLUTION NO. R-85-215 PASSED.
Mr. Henning read Temp_. Reso.- 43501 by title.
V/M Massaro said the engineers have indicated that this bond is
ready for release and she MOVED APPROVAL of Temp. Reso. #350 ,
SECONDED by C/M Stein.
VOTE:
C/M Stein Aye
C/M Munitz Absent
C/M Gottesman Absent
V/M Massaro Aye
Mayor Kravitz Aye
32. Heftler Homes - Water and Sewer Developers Agreement -
Discussion and possible action to authorize the appropriate
City officials to execute assignment agreements for the
following lots:
a) Lot 2, Block 5 - James and Lena Marsh (tabled from
6/12/85)
b) Lot 1, Block 1 - Michael and Jill Taylor
c) Lot 10, block 2 - Edward and Deanne Lindoo
SYNOPSIS OF ACTION:
Heftler Homes is to be required
to pay the guaranteed revenues for
the above -mentioned lots.
Heftler Homes should be required
to do their own bookkeeping of
these guaranteed revenues. Payments
made by these homeowners may be
refunded provided the developer
submits a check covering these amounts.
V/M Massaro said the City monitoring these assignment agreements
takes the responsibility away from Heftler Homes and puts the
onus on the City. She said Heftler Homes should be required to
pay the City and these separate agreements should be made by him
with his buyers and monitored by him.
Mr. Henning said when there is a development and a new developer
buys all the land with transfer of the Water and Sewer Agreement,
Council should be aware of the assignments. He said Heftler
Homes is a single-family development and his lots are being sold
as vacant lots. He said there is no meter in the ground. If
there were, they would open a utility account with the City and
would be a simple matter to monitor. He said they could install
a meter in the ground closed off and then open an account with
the City. He said the dollars would be identical and the City is
opening an individual utility account without installing the
meter. He said instead of sending monthly bills, it was
that they pay a full year in advance in an amount of
approximately $130. He said each of the above named lot
have paid this amount.
proposed
owners
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V/M Massaro MOVED that Heftler Homes be required to pay the full
amount and handle their own bookkeeping. SECONDED by
C/M Gottesman.
VOTE:
C/M Stein Aye
C/M Munitz Absent
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
Mr. Henning the three lot owners named have already paid and he
asked what should be done if they request a refund. V/M Massaro
said it should be given to them by Mr. Heftler. Mr. Henning said
Council is authorizing a refund to the three homeowners with a
check received by Mr. Heftler to cover the amount.
35. _Versailles Gardens - Model Sales Facility -- Discussion and
possible action to amend the conditions imposed by Council
when this facility was approved.
SYNOPSIS OF ACTION: APPROVED
removal of condition #2 from the
Report of Council Action from the
4/22/81 Council Meeting.
Mr. Henning said in earlier discussions with Versailles Gardens,
they are reaching the sell --out of their units. He said they had
certain requirements imposed which prohibited units being sold in
the sales office building and these restricted apartments are the
only ones remaining. He said the previous approval on 4/22/81
required that a minimum of 8 parking spaces must be provided in
addition to the residential spaces. He said the second condition
was that as people vacate the units of the building, these units
shall not be reoccupied and that on -street parking for this
complex is prohibited and shall be included in the condominium
documents.
The Assistant City Clerk noted that they are only asking for
removal of Condition #2, "as people vacate the units of the
building, these units shall not be reoccupied". Mr. Henning said
there should be a MOTION to remove Condition #2 from the Report
of Council Action from the Council meeting of 4/22/81, Item 31
regarding Versailles Gardens, Model Sales Facility.
V/M Massaro so MOVED, SECONDED by C/M Gottesman.
C/M Stein Aye
C/M Munitz Absent
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
38. City --Attorney Report -
Mr. Henning said there is a meeting tonight at 7:00 P.M. concern-
ing the variance with the Broward County Environmental Quality
Control Board and he and the City Engineer/Utilities Director
will represent the City.
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Mr. Henning said at Council's direction, he filed a Notice of
Appeal with the Circuit Court concerning the City Ambulance
Program. Mr. Henning said on 6/20/85, he attended a meeting with
the County and they approved an Ambulance Service for Pembroke
Park for a one year certificate. He said they noted that
Pembroke Park has been operating this service since 1977 and they
received their one-year renewal.
Mr. Henning said the bond counsel and financial advisors were
targeting the second meeting in July for final action on the
bonds and he questioned whether Council would consider any
special meetings in August for this purpose. The Council members
said September woud be preferable.
Mr. Henning said on 6/25/85, there was a productive staff review
meeting with owners of the Tract 44 Shopping Center on McNab Road
and 88 Avenue. He said staff recommends Council consider a Joint
Workshop with the Planning Commission in July to review this
project.
37. City_- Manager Report - No report.
36. City Council Reports -
CZM Stein - No report.
C/M Gottesman - No report.
ZM Munitz -- Absent.
V/M Massaro reported that there is a vacant lot around
8450 Lagos de Campo which is overrun with vermin and must be
cleaned up.
V/M Massaro noted that there is an old Ordinance concerning a fee
for rental apartments and she questioned what became of that.
Mayor Kravitz reported that the Summit Convalescent Home in Coral
Springs has gone bankrupt and he alerted Council of the dangers
of this type of facility. He thanked V/m Massaro for her
cooperation in handling matters while he was away.
Mayor Kravitz recessed the meeting to the Reconvened Meeting on
Friday, June 28, 1985 at 1:00 P.M.
MAYOR
ATTEST:
ASSISTANT CIT CLERK
This public document was promulgated at a cost of $238.65 or
$11.82 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the
Council of the City of Tamarac.
CITY OF TA1�ARAC
APP OVCD AT MEETING CF
City Clerk
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