HomeMy WebLinkAbout1980-07-09 - City Commission Regular Meeting Minutes7p
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TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JULY 9, 1980
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT 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 additional
research. Council may agendize by majority consent, matters of
an urgent nature which have come to Council's attention after
publication of this agenda.
TAMARAC UTILITIES - WEST
1. Operations - Status Report - Discussion and possible action. (7/9-pg.2)
2.
Financial Statements and Auditor's Report - Discussion and
(7/9-pgs.4-6)
possible action on report prepared by Alexander Grant & Co.
RESO.80-165
for the Water and Sewer System - West.
7/9-pgs.6,7 &
3.
Bond Financing - Report by City Attorney. Discussion and
/11-pgs.l--10)
possible action.
Ixpend.Appd.
7/9 pg ng,
4.
Wastewater Treatment Plant - Discussion and possible action
bids
gigot. 2 bids
on recommendation of Consulting Engineer for repairs and
modifications to the plant.
5.
Wastewater Treatment Facilities - Temp. Reso. #1706 - Dis-
(7/9-pg.3)
cussion and possible action to seek relief from the Environ-
RESO.80-166
mental Quality Control Board Regulation No. 79-1 until the
County Facilities are available, pursuant to the Large User
Agreement.
6.
Utilities Personnel - Report by Acting City Manager. Dis--
(7/9-pgs.7,8)
cussion and possible action to employ two (2) records clerks.
3 Clerks autho.
BOARDS AND COMMITTEES
7.
Board of Adjustment - Appointments - Temp. Reso. #1707 -
(7/9--pgs.8,9)
Discussion and possible action to appoint two (2) regular
RESO.80-167
members and two (2) alternate members.
8.
Code Advisory Study__Commission - Discussion and possible
(7/9-pg.9)
action to accept the resignation of Charles Ellner and
Approved
announce vacancy to be filled in September.
PAGE TWO
9. Consent Agenda - Items listed under Item #9, Consent Agenda, (7/9-pg_9)
are viewed to be routine and the recommendation will be en-
acted by one motion in the form listed below. There will be a) thru j)
no separate discussion of these items. If discussion is de- Approved
sired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
a) Alan F. Ruf - Consulting Attorney - 7/3/80 - $860.00 -
Approval recommended by City Attorney.
b) Muller, Mintz, Kornreich, Caldwell & Casey - Special
Attorneys - 6/17/80 - $262.06 - Approval recommended by
City Attorney.
c) Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs -
Special Attorneys - 7/1/80 - $3,563.67 - Approval
recommended by City Attorney.
d) Williams, Hatfield & Stoner - Consulting Engineer -
6/30/80 - Account #1-108-515-310 - $70.00 and Account
#1-155-515-310 - $118.63 - Total $188.63 - Approval
recommended by City Engineer.
e) Williams, Hatfield & Stoner - Consulting Engineer -
6/30/80 -- Account #429-371-535-622 - $3,867.75 and
Account #428--371-535-552 - $1,660.25 - Total $5,528.00 W-
Approval recommended by City Engineer.
f) Williams, Hatfield & Stoner - Consulting Engineer -
6/30/80 - Account #425-368-535-310 - $682.50 - Approval
recommended by City Engineer.
g) Williams, Hatfield & Stoner - Consulting Engineer -
6/30/80 - Account #429-371-535-622 - $730.00 - Approval
recommended by City Engineer.
h) Williams, Hatfield & Stoner - Consulting Engineer -
6/30/80 - Account #429-371-535-622 - $246.00 - Approval
recommended by City Engineer
i) Alexander Grant & Co. - Auditor - 6/30/80 - Account
#425-366-533-320 - $5,000.00 and Account #425-370-535-320
$5,000.00 - Total $10,000.00 - Approval recommended by
Finance Director.
j) Harold's Sales & Service - Seagrave Fire Pumper Truck -
5/13/80 - $2,000.00 - Approval recommended by Fire Chief.
GENERAL ADMINISTRATIVE/FINANCIAL
10. Slurry Seal Paving - Discussion and possible action on: (7/9-pg-10)
a) Bid Award - Temp. Reso. #1695. ESO.80-168
b) Budget Transfer. �Lransfer Appd.
11. Bid Award - Public Works - Temp. Reso. #1687 - Discussion and(7/9-pgs.10,11,
)
1823
possible action to award a bid for a bulldozer. ES0.80-169 2222,23
12. Bid Award - City Manager - Discussion and possible action to (See page FIVE)
award a bid for: (7/9-pg.11)
ESO.80-170
a) City Hall - Parking Lot Lights - Temp. Reso. #1714. ESO.80-171
b) Fire Station #1 - Parking Lot Lights - Temp. Reso. #1715.
13. Bid Award - Public Works - Discussion and possible action on
recommendation of the City Manager's office concerning bids
for:
a)' Tractor.
b) Flail Mower.
14. Security Equipment - Police Department - Discussion and
possible action concerning:
a) Recommendation of Chief McIntosh.
b) Budget Adjustment.
PAGE THREE
(7/9-pgs.11,12
REJECTED, with
rebidding
process autho.
(7/9-pgs.12-14
Autho. to pro-
ceed with
Items #1,3,8
9 & 11
b) No action
15. Park Use - League Insurance Requirements - Temp. Reso. #1698-(7/9-pg•12)
Discussion and possible action to amend Resolution No. RESO.80-172
R--80-154 by amending the insurance requirements. as amended
16. Purchasing Division - Receiving Procedures - Report of pre- (7/9 pgs.24,
25) liminary meeting by C/M Disraelly. Discussion and possible handle
elly
to
action. to handle
PUBLIC HEARINGS - 2 P.M.
17. Landscape Plan Re-quirements - Temp. Oxd._ 773 - Discussion and (7/9-pg.15)
possible action to amend Code Section 7 by requiring a table ORD . 80-76
of vegetation in landscape plans. Second Reading.
18. Coral Gables Federal Savings and Loan Association - Temp.
Reso. #1708 - Petition #14-Z--80 - Discussion and possible
action on request for a limited parking waiver for drive-in
teller windows at Sunshine Plaza on Commercial Boulevard.
(7/9-pgs.15,16
18,20,21)
RESO.80-173
19. Tamarac Jewish Center - Rezoning Request B-6 to I-1 - Petition (7/9--pg.16)
#15-Z-80 - Discussion and possible action on request to re- Appd. on lst
zone Lots 8, 9 and 10, Block 4, Lyons Industrial Park by Temp. Rdg.
Ord._#777. First Reading.
20. Mandarin House Restaurant - Special Exception -- Petition (7/9-pg.16)
16-Z--80 - Temp. Reso. #1709 - Discussion and possible action RESO.80--174
on request to permit on -premises consumption of beer and wine as amended
at 6672 N.W. 57 Street (First Financial Federal Plaza).
21. Drs. Baker and Levine - Office Building - Petition #17-Z-80 - (7/9-pgs.16,
Temp. Reso. #1710 - Discussion and possible action on request 17)RESO.80-175
for limited parking waiver for proposed office site on Lot 4, as amended
Block 35, McNab Commercial Subdivision #2 (located on the
north side of McNab Road - 400 feet east of N.W. 84th Avenue.
22. Woodmont North Golf Course - Parcel R-3 - Rezoning Request -- (7/9-pg.17)
S-1 to R3U - Petition #18-Z-80 - Discussion and possible Appd. on lst
action to rezone land at the northeast corner of Woodmont - Rdg.
Tract 47 - north of 81st Street and east of 88th Avenue by
Temp. Ord. #778. First Reading.
23. Woodmont North Golf Course - Parcel R-3 - Rezoning Request - (7/9-pg.18)
R3U to S-1 - Petition #19-Z-80 -- Discussion and possible Appd. on 1st
action to rezone land at the northeast corner of Woodmont - Rdg.
Tract 47 - north of 81st Street and east of 88th Avenue by
Temp. Ord. #779. First Reading.
COMMUNITY DEVELOPMENT _ _ _ _ _ _ _ _ _ _
24. Wedgewood -Bond - Discussion and possible action on request (7/9--pg.19)
for extension of the time permitted to complete corrective Extension Appd
work. to September
PAGE FOUR.
25. Woodlands - Section 6 - Block 39, Lot 4 - Release of Easement (7/9--pg•14)
Temp. Reso. #1711 - Discussion and possible action on reques RES0.80-176
of property owner to release a portion of a 10 foot utility with cond.
easement.
26. Concord Village I - Discussion and possible action concerninc
the addendum to the water and sewer agreement for this de-
velopment.
27. Broward Times - Revised Site Plan - Discussion and possible
action to approve a revised site plan for a dock roof.
28. Land Section 7 - Discussion and possible action concerning
continued work of Consulting Engineer on a master plan for
this area.
LEGAL AFFAIRS
29. Equitable Life Assurance Society - Guarantee Arrangement -
Discussion and possible action to authorize the appropriate
City Official to execute this document guaranteeing interest
rates for money held by the Equitable.
30. Pension Plan - Temp. Ord. #662 - Discussion and possible
action to provide for deferral of retirement and establish-
ing certain retirement options. First Reading.
31. Code of Ordinances - Supplement #6 - Temp. Ord. #781 -
Discussion and possible action to^approve the 6th Supplement
to the Code. First Reading.
32. Charter Board - Proposed_ Amendments - Tem Ord. #780 -
Discussion and possible action concerning Charter Amendments
proposed by the Charter Board, Sections 4.04 and 8.01 of the
Charter. First Reading.
(7/9-pg.1)
TBLD. to 7/23
(7/9-pg.19,20,
22)Appd. with
conditions
(7/9-pg.22 &
7/11-pgs.1,10,
& ll)T.Nolan
authorized
(7/9-pg.23)
Agreement
authorized
(7/9-pg.23)
Appd. on 1st
Rdg.
(7/9--pg.23)
Appd. on lst
Rdg.
(7/9-pgs.25,26
Appd. on 1st
Rdg.
Utility Relocation I (7/9-pgs.28-33
33. Broward County Agreement - for McNab Road RESO.80-177
Temp. Peso. #d.fq-4 - Discussion and possible action to approl as amended
this agreement. t1618
34. Temporary Road Easement - Treeh_ou_se - Temp. Reso. #1712 - (7/9-pg.24)
Discussion and possible action to accept a temporary 30 foot RES0.80-178
roadway easement offered by Leadership Housing, Inc.,
pursuant to Agreement with the City in July, 1979.
35. Leadership Housing - Land Dedications - Temp. Reso. #1713 - (7/9-pg.24)
Discussion and possible action to accept land dedications TBLD. to 7/23
offered by Leadership Housing, Inc., pursuant to Agreement
with the City in July, 1979.
REPORTS
36. City Council (7/9-pgs.30,31)
37. City Manager
38. City Attorney
Copies of legislation to be considered are available for re-
viewing and purchase in the Office of the City Clerk.
CITY OF TAMARAC
MARILYN BERTHOLF,CITY CLERK
PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS
Public Hearing - Wednesday - July 9, 1980 - 5:30 P.M. - Sabal
Palm Golf Course
Public Hearing - Tuesday - July 15, 1980 - 7:00 P.M. - Joint
Meeting with Planning Commission - Comprehensive Plan
Public Hearing - Tuesday - July 29, 1980 - 7:00 P.M. -
Comprehensive Plan
(SEE PAGE FIVE)
M
M
M
39. Newspaper Collection Franchise - Temp. Ord. #787 - Discussion and
possible action.
40. Summit Bank -- Refund of $600.00 Site Plan Fee -- Discussion and pos-
sible action.
PAGE FIVE
7/9,Pg.1,Agen.by
Cons.,Pgs. 26 & 27:
Appvd. as Amended
on First: Reading.
7/9,Pg.1,Agen. by
Cons.,Pgs. 14 & 15
Approved.
41. Fees for Special Exception -- Temp. Ord. #782 - Discussion and 7/9,Pg.1, Agen. by
possible action. _. Cons.,Pg. 27,Appvd
on First Reading.
42. Bid Authorization -- Detailed Plans of Williams Hatfield & Stoner for 7/9,Pg.2,Agen. by
Augmentation of the Draina e S stem.- Discussion and possible action. Cons.,Pg.27,C/Mgr.
auth.to go to bid.
43. Siegel Funeral Home - Litii ation -- Discussion and possible action.
44. Purchasing Procedures - Discussion and possible action.
Il a) Bud et Ad"ustment - Discussion and possible action.
7/9,Pg. 2, Agen.by
Cons.,Pg. 27,
Tabled to 7/23 Mtg
7/9,Pg.4,Agen. by
Cons.,Purchasing
Officer to be in-
volved in bids
not advertised.
7/9,Pg.19,Agen.by
Cons.,Appvd. for
$2 500.00.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
JULY 9, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
July 9, 1980, at 9:30 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Irving Zemel
Councilwoman Marjorie Kelch
ALSO PRESENT: Ass't. City Manager, Laura Z.Stuurmans
City Attorney, Arthur M. Birken
Ass't. City Clerk, Carol Evans
Clerk/Steno., Mimi Reiter
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent
Meditation followed by the Pledge of Allegiance. He also recognized the
services rendered by Milton Sweet, for the City, who expired the latter part
of June. The Mayor also gave recognition on the passing of Mrs. Seltman,
the wife of a former Mayor of Tamarac.
Mayor Falck reviewed the schedule of items and times involved on the agenda.
39. Newspaper Collection Franchise - Temp. Ord. #787 - Discussion and
possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See pages'26 & 27)
C/M Disraelly MOVED to AGENDIZE BY CONSENT an ordinance granting a
franchise for the collection of newspapers, and a contract. C/W Kelch
SECONDED the motion.
VOTE: ALL VOTED AYE.
40. Summit Bank - Refund of $600.00 Site Plan Fee -- Discussion and possible
action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See pages 14 & 15)
C/M Disraelly MOVED to AGENDIZE BY CONSENT the item of Summit Bank,
and the refund involved, and C/M Zemel SECONDED.
V/M Massaro recommended that consideration of the item be held for
the return of Evan Cross, the City Planner.
VOTE: ALL VOTED AYE.
41. Fees For Special Exceetion - Temp. Ord. #782 - Discussion and possible
action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See page 27)
C/W Kelch MOVED to AGENDIZE BY CONSENT the item of Fees for Special
Exception, Temp. Ord. 782, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
26. Concord Village I - Discussion and possible action concerning the adden-
dum to the water and sewer agreement for this development.
SYNOPSIS OF ACTION: Tabled to 7/23/80
V/M Massaro MOVED to table this item to the next regular meeting of
July 23, 1980, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE_
-1--
7/9/80
mr/
42. Bid Authorization - Detailed Plans of Williams, Hatfield & Stoner for
Augmentation of the Drainage System. Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT-- City Manager
au orize o o bidon a ai e p ans of WH&S.
(See page 27j g
V/M Massaro MOVED to AGENDIZE BY CONSENT,for discussion and possible action
to authorize the City Manager to go to bid on detailed plans, as soon
as they are received from Williams, Hatfield & Stoner, for the augmenta-
tion of the drainage system. She indicated that the plan was to be sub-
mitted the early part of August; at which time, Council will not be in
session. It was also noted by her that this allocation has to be con-
sidered for this year's budget. C/M Zemel SECONDEDthemotion.
VOTE: ALL VOTED AYE.
43. Siegel Funeral Home - Litigation
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
( See page 2 7 )
V/M Massaro MOVED to AGENDIZE BY CONSENT, the item of Siegel Funeral
Home, as relates to an appeal of the Court verdict, and C/M Zemel
SECONDED.
VOTE: ALL VOTED AYE.
TAMARAC UTILITIES - WEST
1. 22erations - Status Report -- Discussion and possible action.
SYNOPSIS OF ACTION: Report by City Engineer
Mr. Keating indicated that after the heavy rain a few days previous, the
flow was increased to some degree. He also said that continuing efforts
in the infiltration removal program has been successful, with estimates
submitted that over 100,000 gallons have been eliminated from the system.
He also stated that new operational people were being brought in on -staff,
who are well qualified and competent, Mr. Keating felt that problems
were moderating substantially, and did not foresee any significant problems
in the general operation.
The City Engineer responded to a question by C/M Disraelly, and stated
that the video and grouting was continuing; with the equipment being
received for the video taping last week, as authorized by Council. He
also advised that the people came in from Cues, and after taking the
,�Qamera to Orlando for repair, they will be returninq--this morning .for-_.-
completion of the installation.
Mr. Keating also advised that a new man was employed for the video opera-
tion, who has been certified for use of the equipment and materials by
the Cues Corporation. He said there was still concern as to the amount
of infiltration after heavy rainfalls; and discussed this with Bob Woelke,
to continue searching through the system, in order to determine the area of
large leaks.
The City Engineer advised that the meter situation has not yet been re-
solved, and was awaiting a report from the Consultant,regarding the flow
being diverted to the County. He also stated that an experiment was made
yesterday, in an attempt to block off the flow east of Rock Island Road
in order to divert the flow without modification to the system. It did
work, he said, with no problems; and 400,000 gallons could be diverted to
the County, without additional expenditures to the City.
C/M Disraelly inquired as to the infiltration east of Rock Island Road
being less or greater than west of Rock Island Road.
Mr. Keating expected that it was less, but felt it would be necessary
to review the report submitted by the County Consultant. He additionally
stated that the report of the County, on the east side of the City, did
not indicate any significant infiltration. He noted, that after discus-
sion with Frank Cahill last week, they did not anticipate problems with
infiltration in the area.
-2- 7/9/80
mr/
4. Wastewater Treatment Plant - Discussion and possible action on recom-
mendation of Consulting Engineer for repairs and modifications to the
plant.
SYNOPSIS OF ACTION: City Engineer authorized to
negotiate two bids with Boyle Construction on an
emergency basis.
Mr. Keating indicated that a recommendation was submitted from the
Consultant relating to awarding the bid for modifications to Boyle
Construction Co., Inc., in the amount of $20,491.00. He also noted
a time change of completion from three (3) months to three (3) weeks,
which was referenced to Item #1 on the bid proposal. He felt that ad-
ditional clarification was required from the contractor; namely, comple-
tion of the work for Item #1 within one week after receipt of the valves.
Once Council authorizes the bid, he said, the contractor will be requested
to proceed with another valve, which will permit completion of the work
within three or four weeks from this date. This valve, Mr. Keating said,
is an equal value valve, and does not involve a change in the contract
price or equivalent specifications.
The City Engineer also stated that two change orders will be requested
to this work; 1) bid for the electrical work, which would permit one
source of responsibility for the installation, and is associated with
Item #2, which is the installation of the two new flow meters, with indi-
cators, for power to the equipment in order to function. 2) The other
change is for repair of the main slide gates, which are "frozen tight",
and could be handled during the period of time the plant is down.
Mr. Birken said this involved an emergency situation, and such findings
should be set forth, because proposals have been submitted from more
than one source.
Mr. Keating stated that it was pertinent to isolate these plants, in
order to stop service for purposes of emptying and cleaning, prior to
additional flow increases later this summer. He said that one tank will
be emptied during a period of time -for this work.
V/M Massaro MOVED that based on the emergency, as indicated by the City
Engineer, that the bid of Boyle Construction Co. be approved, and as per
the letter of Williams, Hatfield & Stoner, dated 6/30/80, for repairs
and modifications to the Wastewater Treatment Plant; that the City Engi-
neer also be authorized to negotiate two (2) bids with Boyle Construction
for the electrical work, as outlined by him this morning. These bids
are to be brought back to Council at the next meeting, for consideration.
She additionally stated that the proper persons be authorized to enter
into an agreement, in an amount not to exceed $20,500.00, with the time
for completion of Item #1 to be specified as one (1) week, after receipt
of the flow control valves. C/W Kelch SECONDED the motion.
VOTE: C/W Kelch - Aye
C/M Zemel - Absent from dais
C/M Disraelly - Aye
V/M Massaro - Aye
Mayor Falck - Aye
5. Wastewater Treatment Facilities - TeME. Reso. #1706 - Discussion and
possible action to seek relief from the Environmental Quality Control
Board Regulation No. 79-1 until the County Facilities are available,
pursuant to the Large User Agreement.
SYNOPSIS OF ACTION: Adopted
RESOLUTION NO. R- pPASSED.
The City Attorney read Temp. Reso. #1706, and felt there may be a dispute
with the County as related to NLS-7 needs, and construction to accom-
modate the future flow of the City.
Mr. Keating said that lift station #7, which was referenced by the City
Attorney, will be replacing the treatment plant on University Drive and
61st Street; which plant and force main was shown as part of the approved
"201" plan that the County has adopted in its regionalization program.
Unless the "201" plan was changed, he could not see the County taking a
stance that the facilities were not necessary.
C/M Disraelly MOVED that Temp. Reso. #1706 be adopted, and V/M Massaro
SECONDED.
VOTE: ALL VOTED AYE.
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7/9/80
mr/
4. Wastewater Treatment Plant
V/M Massaro requested continued discussion on this item, because she
felt a definite procedure should be established, as to any negotiations
on bids, that are advertised, the Purchasing Officer, Tom Thomson, must
be involved. And so MOVED, for such regular procedure, also eliminating
the name of Tom Thomson.
The City Attorney indicated that such an item should be agendized by
consent.
44. Purchasing Procedures
SYNOPSIS OF ACTION: Purchasing Officer to be
involved in negotiations relating to pricing
or bids of any type, which have not been
advertised. AGENDIZED BY CONSENT
V/M Massaro MOVED to AGENDIZE BY CONSENT, the item of Purchasing Pro-
cedures, and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
V/M Massaro then MOVED that any negotiations regarding pricing or bids
of any type, that have not been advertised, should involve the Purchasing
Officer, and C/M Zemel SECONDED.
C/M Zemel advised that during his tenure as Purchasing Agent in the
City, he was never permitted to attend or negotiate for construction,
equipment or anything else that the City was involved in, unless it
was a straight purchase or a bid job. He was definitely in favor of
such a procedure at this time.
VOTE: ALL VOTED AYE.
2. Financial Statements and Auditor's Re ort - Discussion and possible
action on report prepared by Alexander Grant & Co. for the Water and
Sewer System - West. Temp._ Reso. #1717.
SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- �?D /,�, 5 PASSED.
Burt Emmer, of Alexander Grant reviewed two reports, namely, Financial.
Statements, and another entitled Auditor's Report. He said that the
second page of the report has the Auditor's Report Letter, and is a clean
opinion, which means there is no qualification on the Financial Statements.
The third page, he said, is the Balance Sheet for the Water and Sewer
System - West, and noted that the Utility Plant has been recorded at
its cost of approximately $11,000,000.00. Also, on the liability side,
the Bond Anticipation Notes are payable for $11,000,000.00, which is out-
standing, and will be replaced by the bond issue, when it occurs.
Under Current Liabilities, he said there is a note payable to the bank
in the amount of $300,000.00, which note was completely paid on May 5,1980,
as indicated in Note d) to the Financial Statement, and no longer exists.
The following page, he said, has the Statement of Earnings for the Utility,
which report covered a period of approximately 6 1/2 months, from the
date of inception of October 15, 1979 to April 30, 1980. Mr. Emmer
felt that the Operating Income number was important, -in the amount of
$1,092,657.00, and will be used to determine whether the rate covenant
will be met on the debt instrument. This instrument will indicate
maintenance of Operating Income at a particular level, of at least 120%
above the highest principal and interest payment to be made in any year.
If, for example, the principal and interest payment was $1,000,000.00,
as the highest number, then the Operating Income requirement would be
$1,200,000.00. The Bond Indenture generally indicates under the Rate
Covenant language, that if the requirement is not met, then the rates
would have to be adjusted accordingly. This important number is prior
to the recording of any depreciation on the Utility, or before interest
expense recording on the bonds.
--4-
7/9/80
mr/
Mr. Emmer said that depreciation will be recorded on the Utility system,
and the Utility will be treated in the same manner as a commercial enter-
prise, with depreciation of the Utility plan over a period of 40 years.
Also, he said, approximately 2 1/2% of the $11,000,000.00 will be written
off each year, but the coverage factor for the bond issue is accomplished
prior to the deduction of the depreciation. The purpose is to determine
whether there is sufficient cash flow to cover debt service on the bonds.
This number will always be the most important number for the Utility.
He also stated that the net earnings for the Utility was approximately
$500,000,000.00, after recording the depreciation and interest expense
on the BANS.
The balance of the report, Mr. Emmer said, does include schedules and
notes describing the various accounting policies, and significant trans-
actions that took place; also, a description of the acquisition of the
Utility, and of the various accounts to be maintained under the BAN agree-
ment.
Tape Mr. Emmer advised that at the end of a period, such as April 30, 1980,
Side many customer have been provided with water and sewer service, but the
#2 meters have not yet been read. But, the revenue has been earned, as a
result of furnishing the service, which is called "Unbilled Receivables".
An estimated revenue, he said, is provided, as though it was read and
billed, which is recorded as revenue at the time of audit. He also
noted that most of the cities do not normally do this on an interim basis,
during the year, but when Alexander Grant comes in, it is accomplished on
September 30th.
The Management Letter was briefly reviewed by Mr. Emmer. He said page 5
of the report states that the people in the Utility Accounting area
were not maintaining adequate subsidiary ledgers, in reconciling them to
the control accounts in the basic financial records of the City. This,
he indicated, applied to Customer Accounts Receivable, Customers Deposits,
and connections and meter fees from developers. Mr. Emmer said this was
brought to their attention, and,as of April 30th,1980, it has been recon-
ciled. The same situation occurred, he stated, in connection with the
inter -fund accounts, and the area of gasoline and meter inventories, the
Utility does have control similar to the City's, but were recommending
that these inventories be reconciled to the books, which should be done
for the meters also. This added control does provide reconciliation
of the books for the gasoline and meter inventories.
V/M Massaro suggested balancing be done every month, to which Mr.Emmer
concurred, and felt that it would be done on a regular basis at:this time.
Mayor Falck responded that the report received from Steve wood, dated
June 25, 1980, did cover this item, as to the necessary corrective action
being taken, but felt this should be followed.
Mr. Emmer discussed Item d), on delinquent customer accounts receivable,
where accounts at the Utility were found to be over 30 days old, and
were not paid. The City, he said, requires, by Ordinance 80-35, to have
these accounts closed down, but the Utility was not mailing out the
notices, or taking steps to utilize this authority, but was presently
being implemented. Mr. Emmer said that shut-off notices will be sent
out, as a result of this research. He also said their computer system
service was causing problems, in the determination of the delinquent
accounts, but was being rectified.
Mr. Emmer felt that the delinquency notice should be mailed out at 15
days, and then the shut-off at 30 days. He additionally stated that
Item e), the property plan and equipment, has been discussed with Mr.wood,
with the register being maintained and reconciled on a quarterly basis,
which he felt was adequate. Item f) is a statement required under the
BAN agreement, as to maintenance of adequate insurance; with Item g),
being an administrative item, where disbursements were made from the
renewal and replacement fund. Also- ,written authorization is necessary from
the Consulting Engineer,,
Mr. Wood responded to a question of C/M Zemel, by stating that the bill
is considered to be delinquent 15 days from the date it is rendered. He
also advised that a "dummy bill" is sent to the Utility at the same time,
in order to determine the handling time by the Post Office. It was noted
to be approximately 4 or 5 working days, he said, but felt there were
some hardships involved, which were brought to the attention of the City
Manager.
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Mr. Wood indicated that meters are being turned
approximate total of 10 or 15 customers that are
at this time. He responded to the Vice Mayor's
that after the 30 day period, a door -tag is put
48 hours to make payment.
off daily, with an
presently turned -off.
question, by stating
on, which permits another
Mr. Emmer responded to Mayor Falck's question on the time -table for the
September 30th audit, by stating that preliminary and interim work will
be accomplished in August, for both the new Utility and the other City
funds. Thereafter, they will be back in November, with final financial
reports being submitted in December, he said. He also indicated that
contact was still being made with First Boston, as to the requirements
of Alexander Grant Company for whatever debt instrument is resolved.
Additionally, he stated, a preliminary comfort letter was submitted to
First Boston.
The City Attorney read Temp. Reso. #1717, and C/M Disraelly MOVED for
its approval, and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
3. Bond Financing - Report by City Attorney. Discussion and possible action.
SYNOPSIS OF ACTION: Action tabled for a Special
Meeting, to be held on Friday, 7/11/80, for
additional information to be submitted by Mr. Nolan.
Mr. Birken indicated that two memoranda. were copied to Council, and,
in addition, a copy of a letter was distributed, from representatives
of the Marmon Group. He suggested that a decision not be reached this
day, but to wait for receipt of a complete report from the Engineers, as
to the proposed options for the projected rates. He additionally stated
that Mr. Nolan assured the City the work would be completed no later than
Friday. Mr. Birken felt that a meeting with the representatives of First
Boston, could be held early next week.
V/M Massaro acknowledged the letter from the Marmon Company, which does
furnish Council with the basis for an acceptance of the offer. It was
noted, she said, that the Bond Counsel felt it has less than a 50% chance
of being successful in Court. The Vice Mayor felt this should still be
pursued, because an effort was made to obtain the letter, in order to
protect the City, and avoid the payment of more than the 7 1/2% interest
which was projected. This, she said, was a commitment to the people, and
was clearly indicated in the resolution. She further stated that a call
should be made to First Boston, requesting them to submit a letter to
the City, indicating that the bonds are not marketable at 7 1/2%, at the
present time, with MBIA insurance. Also, she said a registered letter
should go to the Marmon Company, accepting the offer in their letter of
10/15/79, to purchase $11,000,000.00 worth of bonds; adding that they
are not marketable at 7 1/2% interest rate.
She said the contract entered into with them clearly indicated that the
interest rate cannot be over 7 1/2%, and referred to page 19 of the con-
tract. She further stated that they should be forced to honor the con-
tract made with the City, or it would be uncons cionable. The Vice -Mayor
explained that the letter of 10/15/79 was written during the final
closings, and said the contract should be further reviewed by Council.
C/M Disraelly inquired whether there was a possibility of selling without
insurance, to which Mr. Birken responded that an excellent audit report
was received, with the feeling that an "A" rating or better was con-
ceivable and might not require insurance. But, he felt that final deci-
sion should be delayed until the numbers are prepared by Tony Nolan.
The City Attorney said that First Boston does not feel that the rate
they would bid could be different if the City was to go with insurance,
whether it was with AMBAC or MBIA, and AMBAC is $85,000.00, which was
less than MBIA. He also noted that a triple "A" rating from Standard
& Poore would require comparison over a thirty year period, and the cost
savings. He additionally stated that a public sale would involve more
flexibility in structuring the time and dates, which could help the issue
at prevailing rates. Mr. Birken reiterated that numbers have to be ob-
tained and a decision should be delayed.
-6-- 7/9/80
mr/
V/M Massaro stated that Tony Nolan indicated to her that the numbers
will be prepared on Thursday, July 10, 1980, but felt there were other
figures which are needed. She felt that the letter of 10/15/79 should
be considered.
Mr. Birken responded to a question of Mayor Falck, by stating that First
Boston would bid on the bonds, as called for in their contract, but one
condition is that the City has to be rated, which is considered to be
part of Mr. Nolan's official statement. This will require completion,
printing and distribution to the rating agencies prior to bidding.
Mayor Falck also inquired as to putting Marmon on notice, as to the
purchase of the bonds at 7 1/2%, to which Mr. Birken replied that the
one major risk is that Marmon would take pre-emptive measures of filing
suit in Illinois, rather than in Florida, and would involve Federal Court
litigation. This strategy, he said, has not been indicated by them.
He further added that their Attorney's letter stated they will try to
get the bonds off at 7 1/2%, with a 2 1/2% underwriters discount, but
if it is not possible, then it would have to be sold at prevailing rates.
C/W Kelch felt that all necessary work and preparatory measures should
be taken prior to the sale. She said that the advice of the City Attorney
should be followed, with action being postponed until the representatives
of the Bond Counsel can be in attendance.
V/M Massaro felt that a meeting should be held on Friday, because the
figures will be prepared by Mr. Nolan on Thursday, July loth.
C/M Disraelly said that based on the letter of 7/8/80, by Mr. Birken,
the sale of the Bond Anticipation Notes is one route to not follow.
He agreed that a meeting could be held on Friday, if Mr. Nolan has the
figures prepared, which would assist in a determination of coverage at
130% versus 120%, with or without insurance. He felt that a judgment
could be made prior to the 12 or 14 day time -frame expiration.
C/W Kelch said that alternate #3, which is noted in Mr. Birken's letter,
Tape involves an obligation of an additional $3,500,000.00; but requires a
Side stance on a commitment taken with First Boston.
#3
V/M Massaro said if the bonds are sold without First Boston, then the
City would be bound to pay their expenses, but nothing would be due and
owed to them.
C/M Disraelly MOVED that the City Attorney call Williams, Hatfield &
Stoner, which is Tony Nolan's office, and request that the figures be
prepared by Friday, as they suggested. Also, that Mayor Falck establish
a date and time for a Special Meeting, when the figures arrive, for
discussion.
Mayor Falck said that the City Attorney's suggestion of having repre-
sentatives of First Boston and the Bond Counsel present, should be con-
sidered, to which Mr. Birken concurred; and would confirm during lunch.
Mayor Falck established the meeting date for Friday, 7/11/80, in the
afternoon.
V/M Massaro SECONDED THE MOTION.
VOTE: ALL VOTED AYE.
Mr. Birken advised if the BAN option is out, then commitments will be
necessary, as quickly as possible, to get the official statement printed,
with some expense involved. He also said that a small fee will have to
be paid to the rating agencies, which authorization could be requested
on Friday.
V/M Massaro indicated that she did not favor the BAN option, to which
the Council members concurred.
6. Utilities Personnel - Report by Acting City Manager. Discussion and
possible action to employ two (2) records clerks.
SYNOPSIS OF ACTION: Finance Director authorized to
employ 3 full-time temporary clerical personnel.
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r � �
Mrs. Stuurmans advised that a recommendation was distributed by the
City Manager's office, which was accompanied by a report from the
Finance Director. This report involved personnel needs in order to
commence the refund process at Utility West.
Steve Wood, the Finance Director, said that a request was being made
to hire additional clerical personnel for the preparation of records
and figures which would be entered into a computer program for the
initiation of the refunds.
V/M Massaro confirmed the fact that this utility refund involved
$4,000,000.00.
C/M Disraelly indicated this discussion has ensued for approximately
one year, and the Finance Director stated that completion of this process
will take twelve (12) weeks. He felt this should move forward, and the
computation has to be made because the monies are owed, with action
having been taken by the Public Service Commission for such payment.
The City Attorney felt that addresses do change, and was not aware of
the complete sophistication of the program, to which C/W Kelch replied
that the procedures were determined after the Public Service Commission
approved this.
C/M Disraelly indicated that 22,000 people were involved, and the compu-
tation has to be determined, with the same figures and names.
V/M Massaro inquired whether it was necessary at thistime for two people
to be employed, to which Mr. Wood responded that people would be required
to physically go through the meter books.
At the request of C/M Zemel, the MOTION WAS REPEATED by C/M Disraelly;
That the Finance Director be authorized to hire personnel, as indicated
in his memorandum of 7/3/80, in order to prepare the computation for the
refund that will be occurring on the sale of the bonds for the City,
which would involve full-time temporary employees, and C/W Kelch did
concur with the motion, as the SECOND.
C/M Zemel felt that the motion was for the acceptance of the recommenda-
tion by the Finance Director, but felt that it was in direct contradiction
of the City Manager's suggestion of three (3) part-time clerical persons.
Mrs. Stuurmans said the City Manager's recommendation addressed the need
for hiring three additional clerical people at this time, and a data
person would be requested after the work has been commenced, for entry
into the computer system.
Mr. Wood said that the part-time should be corrected to full-time tem-
porary employees.
VOTE: ALL VOTED AYE.
BOARDS AND COMMITTEES
7. Board of Adjustment - A ointments - Temp. R_eso. #1707 - Discussion and
possible action to appoint two (2) regular members and two (2) alternate
members.
SYNOPSIS OF ACTION: Approved - RESOLUTION NO.R- SD- ASSED.
Edward H. Rockwell, Jr. and Robert Sokol,
as Regular Members, and Harold H. Newman
and George A. Hincken, as Alternates.
The City Attorney read Temp. Reso. #1707.
C/M Disraelly said the resolution indicates a five-year and a three-year
term, and did not agree to the five-year term appointed. He felt the
requirement of the State does indicate not less than three nor more than
five years overlapping terms. C/M Disraelly said the three-year term has
been previously used, and would permit at least two overlapping members
at this rate.
He said there were no new applications submitted for these positions,
with the following terms expiring; Edward H. Rockwell, Jr. and Harold
H. Newman; with alternate terms of Robert Sokol and George A. Hincken.
7/9/80
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He felt that one of the alternates should be made a regular member, and
one of the regular members could be made an alternate at this time.
C/M Disraelly then MOVED that Edward H. Rockwell, Jr.and Robert Sokol
be appointed a regular member for three year terms; also, Harold H.
Newman and George A. Hincken be appointed alternate members for one-
year terms. V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
C/W Kelch inquired whether Mr. Sokol would accept the position of a
regular member on the Board, to which C/M Disraelly stated that his
letter indicates he would like to be reappointed to serve.
V/M Massaro felt that Mr. Sokol would not object to being a regular
member, and his experience qualified him, because it was a very important
Board. She felt it would be in the best interest of the City to approve
the motion, as noted.
Mr. Birken suggested a correction in the resolution, on the third line
of the title, to read "and setting forth the expiration"...; also line
13 should read three years instead of five.
8. Code Advisor Stud Commission - Discussion and possible action to accept
the resignation of Charles Ellner and announce vacancy to be filled in
September.
SYNOPSIS OF ACTION: Approved
C/M Zemel MOVED that the resignation of Charles Ellner be accepted by
Council, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
9. Consent Agenda
a) Alan F. Ruf - Consulting Attorney -- 7/3/80 - $860.00 - Approval
recommended by City Attorney.
b) Muller, Mintz, Kornreich, Caldwell & Casey - Special Attorneys -
6/17/80 - $262.06 - Approval recommended by City Attorney.
c) Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs - Special
Attorneys - 7/l/80 - $3,563.67 - Approval recommended by City
Attorney.
d) Williams, Hatfield & Stoner - Consulting Engineer - 6/30/80 -
Account #1-108-515-310 - $70.00 and Account #1-155-515-310 -
$118.63 - Total $188.63 - Approval recommended by City Engineer.
e) Williams, Hatfield & Stoner - Consulting Engineer - 6/30/80 -
Account #429-371-535-622 - $3,867.75 and Account #428-371-535--552 -
$1,660.25 - Total $5,528.00 - Approval recommended by City Engineer.
f) Williams, Hatfield & Stoner - Consulting Engineer - 6/30/80- Account
#425-368-535-310 - $682.50 - Approval recommended by City Engineer.
g) Williams, Hatfield & Stoner - Consulting Engineer - 6/30/80 - Account
#429-371-535--622 -- $730.00 -- Approval recommended by City Engineer.
h) Williams, Hatfield & Stoner - Consulting Engineer - 6/30/80 - Account
#429-371-535-622 -- $246.00 -- Approval recommended by City Engineer.
i) Alexander Grant & Co. - Auditor - 6/30/80 - Account #425-366-533-320 -
$5,000.00 and Account #425-370-535-320- $5,000.00 - Total $10,000.00 -
Approval recommended by Finance Director.
j) Harold's Sales & Service - Seagrave Fire Pumper Truck - 5/13/80 -
$2,000.00 - Approval recommended by Fire Chief.
SYNOPSIS OF ACTION: a) through j) Approved
C/M Disraelly discussed Item j), because the back-up information shows
$18,899.10, and the item states $2,000.00. He said it should have been
indicated last month that the amount of $16,899.10 was paid.
He then MOVED for adoption of the Consent Agenda, of Items a) through j),
and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
7/9/80
mr/
GENERAL ADMINISTRATIVE/FINANCIAL
10. Slurry Seal Paving - Discussion and possible action on:
a) Bid Award - Temp. Reso. #1695.
b) Budget Transfer.
SYNOPSIS OF ACTION: a) Approved to J & B RESOLUTION NO.R- PASSED.
Slurry Seal Co., Inc., and b) Approved
for transfer.
a)The City Attorney read Temp. Reso. #1695.
V/M Massaro inquired as to the area and whether it is appropriated
in the budget, to which Mrs. Stuurmans responded that a contingency
transfer would be required to accomplish this job. She also stated
that Mainlands 1 through 5 is the area under consideration.
Mrs. Stuurmans advised of an appropriation which was insufficient based
upon the previous year's prices and the budget at that time, plus the
inflation factor. She said there was a 30% difference between the price
paid in the Spring, and the present quoted figure, which would require
a contingency transfer of $25,000.00 for the entire .job.
C/W Kelch felt this should not be delayed further due to the difficulties
involved with traffic flow and not being able to obtain a lower bid than
the one being quoted. She requested that Council consider the necessary
transfer of funds in order to complete this unit of Mainlands 1 through
5, and to then proceed to the other areas.
C/M Disraelly concurred with C/W Kelch, and said that particular sections
could be eliminated, but would not resolve the problem. But, he said,
that it should be started at the south in order for the work on Commer-
cial Boulevard to be completed at the north end, which is adjacent to
the roadways at Mainlands Drive, and any others that are involved.
C/M Disraelly MOVED for the adoption of Temp. Reso. #1695, awarding a
bid, and C/W Kelch SECONDED.
V/M Massaro felt that taxes should not be increased, and everything should
be handled gradually, in order to prevent this.
C/M Disraelly said that Section 1 requires insertion of verbiage "That
the bid of J & B Slurry Seal Co., Inc. for 117,478 SY of bituminous
slurry seal, in the amount of $67,432.37, is hereby approved."
VOTE: ALL VOTED AYE.
b)C/M Disraelly MOVED that $25,000.00 from the line item #1-872-581-901
of the budget named Contingency, be transferred to line item Account
#1-431-541-533, named Public Works, Streets, Drainage, Grounds, Parks,
sub -title Asphalt Paving. That the amount in the account from which
the monies were transferred was $143,650.00, prior to the transfer,
and $118,650.00, subsequent to the transfer. The amount of money in
the account to which the monies are to be transferred was $43,802.51
prior to the transfer, and is now $68,802.51, subsequent to the transfer.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
11. Bid Award - Public Works - Tem. Reso_. #1687 - Discussion and possible
action to award a bid for a bulldozer.
SYNOPSIS OF ACTION: Action delayed, and
later recalled. (See pages, 18, 19 & 22)
The City Attorney read Temp. Reso. #1687.
Mrs. Stuurmans said their recommendation to the City Council embraced
the opinions of the Public Works Director and his Heavy Equipment Operator,
who made on -site inspections of the four lowest bids received. The recom-
mendation was to award a Bid#80-08 to Case Power & Equipment Company,
in the amount of $15,000.00, for a 1978 35011 Case -Pat Dozer.
C/M Disraelly indicated that a used one could be purchased for $15,000.00,
_10- 7/9/80
mr/
versus a new bulldozer in the amount of $19,000.00, and requested the
various guarantees be discussed, especially since service ability would
be lost.
Mrs. Stuurmans requested to table the item to later in the day, in order
for Mr. Thissen's input to be obtained.
C/M Disraelly related that the used equipment states 120 day full war-
ranty, but the machinery has been rebuilt. He also noted that nothing
is indicated,as to warranty,on the new equipment.
VIM Massaro said that the rebuilt equipment is lighter in weight, by
1,000 lbs, and was not aware of its importance.
Tape MAYOR FALCK SUGGESTED DELAYING ACTION ON THIS ITEM, UNTIL ADDITIONAL
Side INFORMATION HAS BEEN OBTAINED.
#4
Milt Klika questioned the need for the bulldozer, and suggested that
such equipment could leased, when needed, which would result in a savings
to the residents.
12. Bid Award - City Manager - Discussion and possible action to award a
bid for.
a) City Hall - Parking Lot Lights - Temp. Reso. #1714.
b) Fire Station #1 - Parking Lot Lights - Temp. Reso. #1715.
SYNOPSIS OF ACTION: a) and b) Approved
to Hayden Electric, Inc.
RESOLUTION NO.R- rO - PASSED.
RESOLUTION NO. R-- PASSED.
a) The City Attorney read Temp. Reso. #1714.
C/M Disraelly said this was for the two paved parking lots, and
requested that the record reflect that it will fall within the purview
of the "foot candles" of the City's ordinance.
C/M Disraelly MOVED for the adoption of Temp. Reso. #1714, awarding
the bid to Hayden Electric, Inc., in the amount of $19,800.00, for
lots 1 and 2. C/M Zemel SECONDED the motion.
VIM Massaro inquired whether the parking lots could be lit individually,
to which Mrs. Stuurmans responded that she would have this reviewed.
C/M Disraelly said that inclusion should made in the MOTION, to
state that circuitry be provided, in order for the parking lot lights
to be independent of each other, and added to the resolution.
VOTE: ALL VOTED AYE.
Mrs. Stuurmans advised that it was part of the bid specification,
that there be separate switches for each lot.
b) The City Attorney read Temp. Reso. #1715, and C/M Zemel MOVED for
its adoption, to Hayden Electric, Inc., in the amount of $10,200.00,
and C/W Kelch SECONDED.
VOTE: - ALL VOTED AYE.
13. Bid Award - Public Works - Discussion and possible action on recommenda-
tion of the City Manager's office concerning bids for:
a) Tractor
b) Flail Mower
SYNOPSIS OF ACTION: a) and b) Rejected, with
rebidding process authorized.
Mr. Birken advised that a recommendation was submitted for rejection
of both items a) and b), from the City Manager's office.
C/M Disraelly indicated that a memorandum was received from the City
Manager, dated 7/9/80, requesting rejection of all the bids, and that
Council authorize the rebidding process for this equipment.
Mrs. Stuurmans said the City Attorney felt the basis of rejection should
be indicated, which states that items a) and b) did not meet the needs
_11- 7/9/80
mr/
J
to
of the City, as noted by the Public Works Director.
C/M Disraelly MOVED that the bids be rejected, 13 a) and b), and
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
15. Park Use - League Insurance Requirements - Tem . Reso. #1698 - Discussion
and possible action to amend Resolution No. R-80--154 by amending the
insurance requirements.
SYNOPSIS OF- ACTYON: Adopted, as amended. RESOLUTION NO.R- pp�cSED.-
Mayor Falck said this was previously discussed, with a recommendation to
reduce the insurance requirement from $1,000,000.00 to $300,000.00, to
which C/M Disraelly advised that Council concurred.
C/M Disraelly said that line 16 and 20 was to be changed to read "no
more than 25% non-residents are permitted in a league,"rather than the
10%. The item was tabled previously.
The City Attorney read Temp. Reso. #1698, and C/M Disraelly MOVED for
its adoption, with the change of 10% non-residents to 25%, because it
would only permit a baseball team to have one outsider, if the present
numbers are used. This, he said, would involve difficulty for the leagues
to continue.
Mayor Falck felt this was recreation, and not competition, and facilities
should be provided for the people in the City, and did not want to pay
for outsiders to use these facilities.
MOTION DIED FOR LACK OF A SECOND.
V/M Massaro recommended a change in the verbiage, from all leagues using
to "each" league using must have that insurance.
C/W Kelch felt that too many outsiders should not be using the facilities,
but the residents and taxpayers should be given preference. She recom-
mended a compromise, by including those persons who are employed, or
have business establishments within the City of Tamarac, and are contri-
buting to the economy of the City.
V/M Massaro did not concur with C/W Kelch, and felt such deviation should
not be enacted, because facilities were being supplied for the people of
Tamarac; also, feeling that less teams would involve less repair at the
end of the year.
Mayor Falck said contributions were not previously given by the devel-
opers, until the past four years, and due to the work promoted by the
City Council. He felt that Tamarac could not be compared with Coral
Springs, because they were given wonderful facilities, and Tamarac has
been required to purchase everything. The Mayor said numerous calls
have been received, stating that they could not play "soft -ball", because
the coaches use the outsiders in deference to the residents.
C/W Kelch MOVED for the acceptance of Temp. Reso. #1698, with the change
on line 22, Item #3, to "each" league, and retaining the percentages, as
indicated in the original resolution. C/M Zemel SECONDED.
C/M Disraelly said that someone would have to control this, because a
barrier could not be put up at the end of the City, as to not more than
one outside player on each team. It would, he said, be necessary to
confirm each resident of Tamarac.
VOTE: C/W Kelch --
Aye
C/M Zemel
- Aye
C/M Disraelly --
Nay
V/M Massaro
- Aye
Mayor Falck
- Aye
14. Security Equipment - Police Department - Discussion and possible action
concerning:
a) Recommendation of Chief McIntosh
b) Budget Adjustment
-12- 7/9/80
mr/
SYNOPSIS OF ACTION:a)Police Chief authorized to
proceed with Items 1,3,8,9 and 11 of his 7/2/80
memo; and b) no action taken.
a)Chief McIntosh said that some items which were not indicated in his
memo did involve electrical work, along with other changes, and would
cost approximately $1,000, plus the original figure. He also stated
there was a roof leak problem, which is involved in the dispatch center,
which was estimated for $9,000.00 one year previous, and was presently
$21,000.00 for such repairs. He also said the area of the Police De-
partment was recommended for bars or steel mesh on the windows, but felt
that it did not provide the greatest security.
Chief McIntosh said an estimate was given on a product called Lexon,
which is manufactured by General Electric, and varies with thicknesses
from 1/8th to 1 inch. A demonstration was made, he said, at the target
practice range, and a 45 caliber weapon was fired from a distance of
eight (8) feet. The result, he said,left no mark of the 45 caliber
bullet on either of the three thicknesses, but bounced -off. It was the
Chief's recommendation that the 1/8th inch thickness installed on all
the windows, would be satisfactory. He further stated that the price
estimate was for the Police Department, but could be considered for the
entire building.
The installation, he said, would be from top to bottom at a cost of
$80.00 per window, with one-way screws which could not be removed, and
provide the necessary security. He said that 15 windows were included,
but would be less, because the windows in the jail area and a doorway
should be blocked. His recommendation at this time involved the Police
Department only.
C/M Zemel said that the $2,000.00 for rearranging offices should not be
considered at this time, but did feel that $5,250.00 should be spent,
and was for a very good cause of security.
Chief McIntosh felt that rearranging the office was very important, be-
cause the entire building was overcrowded, and the space was not being
used to its utmost. He especially noted there was no area for juvenile
interrogation. He anticipated moving the Detective Bureau people to the
area of the Patrol Officers, and as expansion is made to the Dispatch
Room, additional space would be taken from the Patrol Officers because
they do require a larger area. CBS, he said, will be taken out, and it
will require floor leveling and widening of the doorway, which will re-
sult in a different office to be used advantageously. There will be
some structural work involved, which he said was discussed with the
Public Works Director.
C/M Disraelly referred to areas of the City Hall sections being closed -
off in the evenings, because he said it was used from time -to -time by
the Recreation Department in its activities.
Chief McIntosh said that generally the individual in the building at
night is the Dispatcher, who is not a law enforcement officer, who is
behind a wall. Once someone is permitted to enter the lobby, then their
movements cannot be controlled.
Council related to various incidents of entering the building at night,
and the lack of control and surveillance in the evening. The Vice -Mayor
felt Chief McIntosh should be involved and familiarize himself with every-
thing that is going on at the City Hall. She said that during the period
of time that she is working alone upstairs, she is frightened because of
the isolation involved; and the Police Department not being aware of
what is happening elsewhere. She felt that after review by the Chief,
additional recommendations might be made in some areas.
C/M Disraelly MOVED that based on the information submitted, he was in
Tape favor of Items 1, 3, 8, 9 and 11, should be taken care of, for the pro --
Side tection of the Police Department and the Cell -Mates. V/M Massaro SECONDED
#5 the motion, and concurred with C/M Disraelly. She felt that once Chief
McIntosh reviews the plans under consideration, it could be brought back
to the City Council for additional discussion.
Mrs. Stuurmans said that reference was previously made to the South
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Florida Building Code, and Public Buildings with Public Facilities,
and those lavatories during normal business hours are needed to meet
the criteria for the first floor. She said that after hours did not
create a problem.
VOTE: ALL VOTED AYE.
b) No action taken on a budget adjustment.
MEETING WAS RECESSED FOR LUNCH TO 1:30 P.M.
. . . . . . . . . . . . . . . . . . . . . . . . .
MEETING CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
COMMUNITY DEVELOPMENT
25. Woodlands - Section 6 - Block 39, Lot 4 - Release of Easement - Te— m_
Reso. #1711 - Discussion and possible action on request of property
owner to release a portion of a 10 foot utility easement.
SYNOPSIS OF ACTION: Adopted, with
conditions.
C/M Disraelly read Temp. Reso. #1711.
RESOLUTION NO.R- gO 1 7& PASSED,
Stephen Beyer, an Attorney, represented his parents, and said their
proposed plans for the pool involved a portion of the easement being
vacated. The 7 1/2 foot setback will be met, he said, because only
3 1/2 feet were being released. He further stated that his parents
legally owned all of lot 4, which is next door, and a portion of lot 3,
leaving approximately 7 or 8 feet of easement. He additionally stated
that the Utility companies submitted letters and did not object to
this. This, he said, would avoid an odd -shaped pool deck, which would
encroach into the easement, and felt the City would not lose ingress
or egress. Mr. Beyer said that his father came into the Planning De-
partment, and was willing to cooperate with all requirements and regu-
lations.
V/M Massaro said if a portion is vacated, and if the necessary 7 1/2
foot setback is maintained, then the entire easement be dedicated not
only for utility purposes, but for ingress and egress.
Mr. Birken requested that Mr. Beyer present this, prior to submission
of the Resolution to the County. He felt that action could be taken
subject to receipt of an easement.
C/M Disraelly MOVED for the adoption of Temp. Reso. #1711, subject to
the granting of a non -vehicular easement to the City on the easement
that will exist after this vacation, and C/W Kelch SECONDED.
Mr. Beyer said that he will review the proper language with the City
Attorney.
VOTE: ALL VOTED AYE.
40. Summit Bank - Refund of $600 Site Plan Fee - Discussion and possible
action.
SYNOPSIS OF ACTION: Approved
V/M Massaro confirmed the payment of $600.00 by Mr. Goldberg, for the
site plan fee, and felt that action should be taken on the extension
of the site plan. Action, she said, would be required on the site plan,
to have it rescinded, which would then become null and void.
Soley Goldberg, the Vice -President of Summit Bank, said that the $600
was erroneously submitted for site plan construction of the road, and
did not involve the bank property. His letter requested a refund of
$600, and if there is any work involved thereafter, then the City can
advise them, which they will submit. He indicated that they have a
permit from the State and County, on an approved road plan, which will
allow them to obtain a light on the corner. This, he said, was their
intention for the past two years. He said that land was previously
dedicated for a roadway, to the City -temporarily, until plat approval.
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Evan Cross advised that no staff work has been accomplished on the
site plan.
C/M Disraelly clarified the facts,that $600 was submitted for review
of the site plan, but prior to such review, there was a request made
for a refund.
V/M Massaro was not in favor of such action, but said it could be
considered at the 7/23/80 meeting, to which Mr. Goldberg indicated
that this has been in effect for 21 months, with monies being expended
to the County and State, and time with the Planning Commission and the
City Council. He said their plat was at the County, and was being held
and approved, based on the presentation to the Engineering Department
and the City Planner. Mr. Goldberg said the question involved whether
it was or was not a site plan, and did not state that it was bank
property. The $600.00 was for review of a site plan, which has not
been reviewed, and did not involve the property on the west side of
University Drive at 61st Street.
C/M Disraelly said there has been a letter submitted, as to the $600
being erroneously paid,with submission of the site plan. Also, the
City Planner did state that staff has not spent any time in its review,
with no monies being expended on the part of the City. He then MOVED
to refund the $600, and C/M Zemel SECONDED.
Mr. Cross said that the City Engineer contacted him last week, and
advised that he had a set of plans for the construction of the inter-
section that was submitted by Mr. Goldberg, with the Engineering permit.
The Code, he said, indicates that to pull a building permit or an engi-
neering permit,all work, whether it is on -site development, or off -
site, public improvement or private, requires site plan approval. This,
he said, is technically what the Code Book states. To his knowledge,
they have never accepted a site plan for an intersection or engineering
ever submitted. But, the Engineer did request this, and according to
the Code, he did agree, and thereafter requested submission of the site
plan, with payment of a $600 review fee.
C/M Disraelly said if future changes are made on the west property,
then a revised site plan will be required, with payment at that time.
Mr. Cross said that the extension to the site plan which was approved
last month, did show the new alignment and the new paving, as part of
this plan, which was adjacent to the bank property.
VOTE: C/W Kelch
- Aye
C/M Zemel
- Aye
C/M Disraelly
- Aye
V/M Massaro
- Nay
Mayor Falck
- Aye
PUBLIC HEARINGS
17. Landscape Plan Re uirements - Temp. Ord. #773 - Discussion and possible
action to amend Code Section 7 by requiring a table of vegetation in
landscape plans. Second Reading.
SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- PASSED
The City Attorney read Temp. Ord. #773.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Disraelly said this was proposed to assist the Department of Com-
munity Development and the Beautification Committee. He then MOVED
for the adoption of Temp. Ord. #773, on second and final reading,
and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
18. Coral Gables Federal Savings and Loan Association - Temp. Reso. #1708 -
Petition #14-Z-80 - Discussion and possible action on request for a
limited parking waiver for drive-in teller windows at Sunshine Plaza
on Commercial Boulevard.
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SYNOPSIS OF ACTION:To be recalled,
awaiting a bank representative. (See pages 18,20 & 21)
The City Attorney read Temp. Reso. #1708.
Item was to be recalled to enable a bank representative or applicant
to be present.
19.Tamarac Jewish Center - Rezoning Request B-6 to I-1 - Petition #15-Z-80 -
Discussion and possible action on request to rezone Lots 8, 9 and 10,
Block 4, Lyons Industrial Park by Temp. Ord. #777. First Reading.
SYNOPSIS OF ACTION: Approved on lst Reading
Mr. Birken read Temp. Ord. #777.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
V/M Massaro MOVED for the adoption of Temp. Ord. #777, on first reading,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
Mayor Falck noted that second reading will be held at the 7/23/80 meeting.
20.Mandarin House Restaurant - Special Exception -- Petition #16-Z-80 -
Temp. Reso. #1709 - Discussion and possible action on request to permit
on -premises consumption of beer and wine at 6672 N.W. 57th Street (First
Financial Federal Plaza).
SYNOPSIS OF ACTION: Adopted,as amended. RESOLUTION NO.R- �,:,1r77 PASSED.
The City Attorney read Temp. Reso. #1709.
Robert C. Eber, the Attorney for the petitioner and applicants,of Wah-Luck
Restaurant Corporation, the operators of the new Mandarin House Restaurant,
indicated they agreed to restrict the sale for on -premises consumption,
which would be sold not later than 12:00 A.M. Additionally, he said, it
would be served solely in conjunction with their restaurant operation -of
on -premise meals. .
Mayor Falck opened the discussion to the public.
Mort Student inquired as to Code restrictions which includes the salve of
beverages within a particular area, to which Council indicated there was
no such ruling.
Mayor Falck closed the public hearing, because there were no further com-
ments received.
C/M Disraelly MOVED for adoption of Temp. Reso. #1709, for granting the
special use exception, with Section 1 to include, "at table only with
food"; also, Section 2, "closing 2:00 A.M. local time", which is in con-
formity with other establishments within the City.
V/M Massaro inquired about restricting the license to the present owner,
to which Council concurred.
C/M Disraelly AMENDED HIS MOTION to include in Section 1, "Petition for
special exception for beer and wine for table consumption, with food, at the
Mandarin House on 57th Street, be restricted to present ownership; also,
with 2:00 A.M. local time." C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
21.Drs. Baker and Levine - Office Building - Petition #17-Z-80 - Temp. Reso.
#1710 - Discussion and possible action on request for limited parking
waiver for proposed office site on Lot 4, Block 35, McNab Commercial Sub-
division #2 (located on the north side of McNab Road - 400 feet east of
N.W. 84th Avenue.)
SYNOPSIS OF ACTION: Adopted, as amended. RESOLUTION NO.R- Q-/' PASSED.
The City Attorney read Temp. Reso. #1710.
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Tape Dr. Ken Levine said that Plan D was being presented, after previously
Side submitting Plans A, B, and C, with recommendations. He felt that the
#6 City's requirements have been met, which included the number of parking
spaces; also, that there be one drive onto McNab Road. A request was
also being made, he said, for angle parking, which would be suitable for
the employees only.
C/M Disraelly indicated that it was the Planning Commission's intent to
have an entrance and exit on McNab Road, but were not in favor of two
cuts being that close. It was their suggestion to have one cut into
McNab Road, but the present plan does not have an entrance on 70th Street.
He said that in order to conform to the Planning Commission's suggestion
of only one entry, this new Plan D was being submitted. He also felt
that a limited amount of 90 degree rear parking was similar to the con-
sideration given to Dr. Garfinkel's project. It was also noted that
two handicapped spaces and 29 other parking spaces are required for the
size of this building.
V/M Massaro inquired about the curbing of the McNab Road median, to
which C/M Disraelly responded that it involved a site plan, and at
this time consideration was limited to a parking waiver.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Disraelly MOVED for the adoption of Temp. Reso. #1710, the applica-
tion for limited waiver to Chapter 18 of the City Code, under the new
ordinances, to allow the use of fourteen (14) 90 degree parking spaces
for employees, and such limited waiver would not be detrimental to the
public safety, health and welfare of the citizens of the City.
It was noted by the Vice -Mayor that this approval is not intended for
the site plan, which must be presented to the Planning Commission, and
then the City Council.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
22. Woodmont North Golf Course - Parcel R--3 - Rezoning Request - S-1 to
R-3U - Petition 18--Z--80 - Discussion and possible action to rezone
land at the northeast corner of Woodmont - Tract 47 - north of 81st
Street and east of 88th Avenue by Temp. Ord. #778. First Reading.
SYNOPSIS OF ACTION: Approved on lst Reading
The City Attorney read Temp. Ord. #778.
Mayor Falck opened the discussion to the public.
Melanie Reynolds inquired as to the reason for rezoning from S-1 to
R-3U, without referendum.
Mr. Birken indicated that there is a Court Order in Sections 4, 5 and
6, which states that a referendum is not necessary; also, due to the
Sabal Palm decision, the referendums are no longer required for rezoning;
and it does affect the City's Charter, as to requirement of a referendum.
V/M Massaro said there are covenants on the golf course, excluding
the Sabal Palm course, and the covenant is being amended to indicate
the new portions being rezoned, and are no longer S-1. This, she said,
is permitted by the Court, and is not in violation.
Mayor Falck closed the public hearing, because there were no further
comments received.
V/M Massaro indicated that there was no report from the Engineering
Department, as to their review, to which C/M Disraelly felt it was a
scrivener's error, as to being on the west or east side of the road.
It was noted that the map is correct, but the wording is incorrect.
V/M Massaro MOVED for the approval of Temp. Ord. #778, on first reading,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
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23. Woodmont North Golf Course - Parcel R-3 - Rezoning Request - R-3U to
S-1 -- Petition 19-Z-80 - Discussion and possible action to rezone land
at the northeast corner of Woodmont Tract 47 - north of 81st Street and
east of 88th Avenue by Temp. Ord. #779. First Reading.
SYNOPSIS OF ACTION: Approved on lst Reading
Mr. Birken read Temp. Ord. #779.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Disraelly MOVED for the adoption of Temp. Ord. #779, on first reading,
and C/W Kelch SECONDED.
Mr. Birken advised that the covenants which are involved,on the new
golf course area,will be discussed at the next meeting of 7/23/80, by
resolution.
V/M Massaro then confirmed the fact that everything that is a new S-1
will be covered by a covenant.
VOTE: C/W Kelch - Aye
C/M Zemel - Absent from dais
C/M Disraelly - Aye
V/M Massaro - Aye
Mayor Falck - Aye
18. Coral Gables Federal Savings and Loan Association - Temp. Reso. #1708-
Peti.tion #14-Z-80 - Discussion and possible action on request for a
limited parking waiver for drive-in teller windows at Sunshine Plaza
on Commercial Boulevard.
SYNOPSIS OF ACTION:(See 15,16,20 & 21)
Temp. Reso. #1708 was previously read.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
Action and Council discussion was delayed for 30 minutes, to allow
Mike Shiff, the Architect, to be in attendance.
GENERAL ADMINISTRATIVE/FINANCIAL
11. Bid Award - Public Works - TemP. Reso. #1687 - Discussion and possible
action to award a bid for a bulldozer.
SYNOPSIS OF ACTION: Item recalled for addi-- RESOLUTION NO.R- PASSED.
tional Information, then adopted. a)Budget
Adjustment AGENDIZED BY CONSENT (See pages 10,
11, 22 & 23)
Mrs. Stuurmans advised that the warranty provided was for one (1) year
on the new bulldozer, and two (2) years or 2,000 hours on the motor. She
also explained that the machinery was not recommended by the Public Works
Director, due to the specific amount of monies budgeted by the City Council,
for this purpose, which was $16,700.00.
C/M Disraelly said the new bulldozer figure was $19,250.00 for the new
equipment, with a three month guarantee for the used machinery, and
four months on the engine.
Mrs. Stuurmans noted that the City was presently renting a bulldozer for
the work being handled at the Cypress Creek Commons, with a cost of $800.00
per week. She also said the time element involved for the purchase was
60 days for the bulldozer.
C/M Disraelly said the 120 day warranty against the two years should be
considered; also, the difference of $4,200.00. He MOVED to purchase the
new equipment from Case -Power & Equipment Company, which is the #350B
Bulldozer, in the amount of $19,259.00, and V/M Massaro SECONDED.
C/M Zemel inquired as to the delivery, to which C/M Disraelly responded
that the new unit could be received in two days.
VOTE: ALL VOTED AYE.
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a) C/M Disraelly MOVED to AGENDIZE BY CONSENT, a budget adjustment of
$2,500, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
Mrs. Stuurmans requested to have the item recalled, in order
to obtain the appropriate language from the Finance Department,
pertaining to the budget adjustment.
COMMUNITY DEVELOPMENT
24. Wedgewood - Bond - Discussion and possible action on request for exten-
sion of time permitted to complete corrective work.
SYNOPSIS OF ACTION: Extension approved to
the first meeting in September.
V/M Massaro indicated that Council has a letter from Larry Keating, which
states that the time is expiring on the bond for this project. She also
noted that a letter was submitted from CPS Construction, which is Charlie
Petrozella's corporation; with problems indicated by the contractor who
was to intall the driveways. The Vice -Mayor said that the man died, and
a new contractor has started the work, but will not be able to complete
it, prior to the expiration date.
She said that numerous telephone calls have been made to determine the
condition of the construction and completion date, which were not avail-
able because Gene Hahn is on vacation. Mr. Petrozella has requested an
extension at this time for the corrective work of approximately 30
driveways.
C/M Disraelly advised that the trench inside the island has not been
completed, in the east -west angle, with a very low spot in the center.
He additionally stated that the drain is at a higher elevation than the
center area, and should be corrected.
David Felsenstein, a member of the Board of Directors, spoke on their
behalf, and protested on the constant delays of correction in the area
described by C/M Disraelly. He said this area has been swamped with
vermin, rodents and snakes, which is due to the extreme accumulation of
water in 30 or 40 driveways. He also indicated that they were not able
to contact Mr. Hahn, and did request completion of this work by the City
Council because the bond was issued approximately three months previous.
C/M Zemel said this was the third extension being requested, and felt
it should be approved to the first meeting in September.
V/M Massaro MOVED for approval of the extension of the bond to the first
meeting in September, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
27. Broward Times - Revised Site Plan - Discussion and possible action to
approve a revised site plan for a dock roof.
SYNOPSIS OF ACTION: Action delayed
(See page 22)
Evan Cross said this involved placing a 18 X 38 foot dock in the rear
of the building, on the northwest portion, which was for the purpose
of loading the trucks for deliveries.
David Richardson, the Circulation Manager for the Broward Times, said
there will not be any trucks going under the dock cover, but was for
removing the papers from the truck, and placing them on the wooden pallets
under the cover, to keep them dry and out of the rain. He also advised
that the two trailers were parked there for storage, inserts and pre-prints
that run in the paper, and also plastic bags.
C/M Disraelly inquired whether this was within the purview of the City
ordinances, for two trailers to be permanently parked in such an area.
Mr. Cross responded that there is no permanent procedure for that type
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vehicle in the Building Department; also, stating that they were never
permitted.
Tape Jeanne Noah, the Publisher of the Broward Times, said that most of the
Side time there is only one truck trailer, but on occasions there are two;
#7 which are used for storage, and are rented. She also stated they were
not aware that a permit was required, and were open to suggestions.
V/M Massaro said the Building Department could inform them as to the
requirements and regulations which were involved. She also indicated
that at this time a violation will be posted against them, because it
has been brought to the Council's attention. The Vice -Mayor further
stated that it would be to their benefit to start the proper procedures.
She added that the Broward Times was in violation of the City Code.
V/M Massaro said the use of the median, which was made by the people,
in front of the building, is completely destroyed; with no effort having
been made to prevent it. She also noted that the area was deteriorating
and had poor drainage in front of the building. She explained that the
cars and trucks going in and out of the place of business, are crossing
the median, and have destroyed it on the west exit.
C/M Disraelly further explained that people from the Broward Times have
turned the grass into stone by constant use, to which Ms. Noah responded
that she would alert the people involved with the Broward Times.
V/M Massaro indicated that a corrective measure would be to curb it, and
avoid further use.
Ms. Noah inquired whether they were required to structure the median,
and also maintain the street in front of their business, to which the
Vice -Mayor stated that when a new project comes in to the City, a require-
ment is being made to curb the median in front and avoid improper usage.
C/W Kelch clarified the maintenance by stating that a developer or a
person adjacent to a median should put in curbing in order to dis-
courage improper usage.
C/M Disraelly inquired whether this site plan could be accepted. without
receiving one for the trailers, to which Mr. Birken replied that approval
could not be given until the violation has been resolved.
V/M Massaro said that the City Attorney felt the trailers have to be
removed because it is a violation; but, could be approved subject to the
grass being replaced, and the median on the north side could be curbed
for the length of their property. Once this is completed, she said, the
building permit could be obtained. She enumerated the items to be com-
plied with; 1) remove the trailers, 2) grass the median where destroyed,
3) curb median for the length of the property. Upon completion, the
permit could be obtained for the dock roof. If, she said, the trailers
are still being requested, it would be necessary to go through the normal
procedures of the Building Department.
Ms. Noah inquired whether the trailers could be left in -tact, and then
request a permit, which would avoid having them moved and then replaced.
Mr. Cross reiterated that his memo states that the Building Department
has never received a request for such trailers.
It was determined to delay action on this item, and then recall it after
additional information has been received.
18. Coral Gables Federal Savin s and Loan Association - Temp. Reso. #1708 -
Petition #14-Z-80 - Discussion and possible action on request for a
limited parking waiver for drive-in teller windows at Sunshine Plaza
on Commercial Boulevard.
SYNOPSIS OF ACTION: Adopted parking waiver RESOLUTION NO.R- Z0-/ Z3 PASSED.
(See pages 15,16 & 18)
Mr. Stancoff, an Officer at Coral Gables Federal, apologized for the
delay, and said that Mike Shiff ran "out -of -gas", and had to be re-
trieved. He said that the limited parking waiver was put on the agenda,
but felt that the site plan approval should also have been considered.
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Mt. Stancoff said that the parking waiver was presented to the Planning
Commission, which was approved subject to particular conditions. He
additionally stated that the parking waiver was for adequate space in
order to install four drive-in teller windows on the west side of the
existing building in the Sunshine Plaza Shopping Center. He referred
to the drawing, and the shaded area being the ground -lease section which
they are negotiating with the owners of the shopping center.
He said that in order to install these windows, it would be necessary to
eliminate 14 parking spaces, with 7 located on their property, and the
balance owned by the shopping center. Mr. Stancoff advised that when
the property was purchased in 1971, a cross parking easement was obtained
with the owners of the shopping center, which is a public record. He
felt it was very clear, and gives cross parking privileges to the entire
shopping center.
Mr. Stancoff indicated that the Planning Commission stated as one of
their conditions, that the petitioner is to provide a letter from the
property owner and lease agreement for parking, which would indicate
greater than one (1) acre of usable property. He was not aware that
usable property of more than one acre was required. It was his feeling
that installation of this facility would be beneficial to the citizens
of Tamarac. He further noted that Mr. Shiff provided the City Attorney
with a letter, indicating the requirement would be a hardship.
Michael A. Shiff, an Architect, representing Coral Gables Federal, said
that the limited parking waiver is on this day's agenda, but was surprised
and dismayed to find that the revised site plan was omitted from the agenda.
He said that Mr. Keating indicated he reviewed the site plan, but found
some minor problems, and was anxious to put this on the agenda as soon
as possible.
V/M Massaro informed Mr. Stancoff that the City Council, will be meeting
on July 23, 1980, prior to the August recess, but the plan has to be
hung for three days and could not be handled at this time.
Mr. Shiff displayed the plan and reviewed the drive-in area to eliminate
14 parking spaces, which would permit four lanes or 400 feet, also, to
stack approximately 20 to 26 cars. He indicated that this large shopping
center was located at the corner of 441 and Commercial Boulevard, and has
some unique parking areas.
C/W Keich concurred with the parking area being empty most of the time,
and would be more advantageous and meaningful for drive-in stalls, to
which the Vice -Mayor agreed, and would approve the waiver of limited
parking.
C/M Disraelly discussed a memo from the City Attorney, and felt that a
situation was being left open, whereby previous petitioners were short
on one space, and required redesigning of the parking spaces and the
entire office complex. He also noted that Mr. Stonehaven has a problem
with a number of parking spaces, and the elimination of some parking
spaces in the Sunshine Plaza due to a lube facility. C/M Disraelly
said that parking standards are being reviewed to alleviate conditions
and permit cross -over parking, especially for restaurants. He felt that
the City has to be consistent with their parking ordinances.
V/M Massaro said that each project is given full consideration, as to
best serving the City and its people. She further stated that an improve-
ment was being attempted in the service, and felt the spaces being dis-
cussed were vacant, which everyone would concur, as to its use. The
facility that Coral Gables has planned, would handle people that are
parked elsewhere, and would leave other desirable spaces open. She then
MOVED that the waiver request be approved, and C/W Kelch SECONDED.
C/M Disraelly indicated that in the Stonehaven area, those parking spaces
along the 57th Street area are rarely used, also, those spaces south of
the Fotomat. He felt that that Council should review the Parking Ordi-
nance, and abide by it. C/M Disraelly also stated that Mission Bell was
developed under the old ordinance, and at this time, under the new ordi-
nances, they have empty property, and cannot satisfy today's parking re-
quirements. He further .indicated that he was sympathetic, but felt the
City had to abide by its own laws.
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Mr. Stancoff said that the elimination of standing
also permit approximately 20 additional spaces for
in doing their business in the shopping center.
VOTE: C/W Kelch -- Aye
C/M Zemel - Aye
C/M Disraelly- Nay
V/M Massaro - Aye
Mayor Falck - Aye
parking spaces did
automobilesto occupy,
V/M Massaro said this was not approval of a site plan, but strictly a
limited waiver for parking.
COMMUNITY DEVELOPMENT
27. Broward Times -- Revised Site Plan - Discussion and possible action to
approve a revised site plan for a dock roof. (AGAIN)
SYNOPSIS OF ACTION: Dock Roof approved,
with conditions; and Building Dept. to
investigate legality of trailers on their
property. (See pages 19 & 20)
Mr. Cross advised that a City Ordinance does not exist which relates to
the tractor -trailer van, which is parked in the area of the Broward Times
building. He also said they are in a B-2 zone, which permits outside
storage when it is within the setbacks. He added that there is no
regulation on such use.
C/M Disraelly MOVED that the new dock roof be approved, which is to be
constructed after the Broward Times curbs the median in front of their
property, on 57th Street, on the north side, for the length of their
property. It is also, he said, to be grassed, with a permit to be granted
after completion, by the Building Department, for the creation of this
dock roof, in accordance with the site plan. Thereafter, the City Planner
will review the situation of the trailer, as a separate entity, by com-
munication.
V/M Massaro recommended an amendment to the motion by stating that the
Tape Building Department will determine the legality of such trailer use,
Side and should be accomplished as quickly as possible.
#8
C/M Disraelly AMENDED HIS MOTION to include, as a separate entity, that
the Building Department investigate the legality or illegality of the
trailers, which is to be handled as a separate communication.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
V/M Massaro suggested that a memo be submitted to Council, by the City
Planner, to which Mr. Cross responded that he would contact the Chief
Building Official, and advise Council by memorandum.
28. Land Section 7 - Discussion and possible action concerning continued work
of Consulting Engineer on a master plan for this area.
SYNOPSIS OF ACTION: Tabled to 7/23/80
V/M Massaro indicated that a letter came into the City Hall this day,
which she has not had the opportunity to read. She felt that the Con-
sulting Engineer should not be pressed with additional work at this time
because the augmentation of the drainage system was of utmost importance
and should be completed. She MOVED to table this item to the next regular
meeting of 7/23/80, and C/M Zemel SECONDED.
VOTE:
ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
11. Bid Award Public Works - Temp. Reso. #1687 - Discussion and possible
action to award a bid for a bulldozer. a) Budget Adjustment - $2,500.00.
SYNOPSIS OF ACTION: a) Approved
(See pages 10,11,18 & 19)
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a) C/M Disraelly MOVED that $2,500.00 from line item Account #1-872-
581-901 of the budget named Contingency, be transferred to line item
Account #1-431-541-640 named Public Works - Streets, Drainage, Grounds,
Parks, subtitle Vehicles. The balance in the account from which the
monies were transferred, was $118,650.00, prior to the transfer, and
will be $116,150.00, subsequent to the transfer. The amount of money
in the account to which the monies are to be transferred was $16,700.00
prior to the transfer, and will be $19,200.00 subsequent to the transfer.
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
LEGAL AFFAIRS
29. Equitable Life Assurance Society - Guarantee Arrangement -- Discussion
and possible action to authorize the appropriate City Official to execute
this document guaranteeing interest rates for money held by the Equitable.
SYNOPSIS OF ACTION: Agreement authorized, with
execution by appropriate City Officials.
Mr. Birken said that he sent Mayor Falck a copy of a memo, dated 6/27/80,
and felt it was self-explanatory.
Mayor Falck explained that this item was previously discussed, as relates
to increased interest earnings on the account for the pension plan, and
the balance of this year and the term of the contract. He said the con-
tract will expire in 1983, and felt this guarantee arrangement should be
adopted.
C/M Disraelly MOVED that the agreement be authorized, and the appropriate
City Officials are also authorized to execute the documents guaranteeing
the interest rates. C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
30. Pension Plan - Temp. Ord. #662 - Discussion and possible action to provide
for deferral of retirement and establishing certain retirement options.
First Reading.
SYNOPSIS OF ACTION:Approved on lst Reading.
The City Attorney read Temp. Ord. #662, and indicated that this temporary
ordinance has been through a number of drafts, and related to the retire-
ment date of the employee, and the options involved. He said that it
refers to age 65 for general employees, and age 60 for Police and Fire
Department employees. Mr. Birken said this ordinance was discussed
and approved by the Pension Board at its last meeting.
C/M Disraelly explained that an individual working past the age limit,
cannot receive his pension until he terminates his employment, with
benefits as of normal retirement. He then MOVED for the adoption of
Temp. Ord. #662 on first reading, and C/W Kelch SECONDED.
VOTE:
ALL VOTED AYE.
31. Code of Ordinances - Supplement #6 - Temp. Ord. #781 - Discussion and
possible action to approve the 6th Supplement to the Code. First Reading.
SYNOPSIS OF ACTION: Approved on 1st Reading.
The City Attorney read Temp. Ord. #781.
Mayor Falck advised that he contacted Mr. Alper in connection with the
Code Supplement Revision, and requested that he submit input prior to
this day's Council meeting. He stated that nothing was submitted from
Mr. Alper, but will contact him again prior to second reading.
V/M Massaro MOVED for the approval of Temp. Ord.#781 on first reading,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
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34. Temporary Road Easement Treehouse - T_emp. Reso. #1712 - Discussion and
possible action to accept a temporary 30 foot roadway easement offered
by Leadership Housing, Inc., pursuant to Agreement with the City in
July, 1979.
SYNOPSIS OF ACTION: Adopted
RESOLUTION NO. R-- PASSED.
Mr. Birken read Temp. Reso. #1712, and indicated that it was two weeks
short of a year since this agreement.
V/M Massaro said this was a 30 foot easement, but does give the City the
right to go through, and felt that at some point in time, a 50 foot right
of way should be given when the property is developed.
V/M Massaro then MOVED for the adoption of Temp. Reso. #1712, and
C/W Kelch SECONDED.
VOTE:
ALL VOTED AYE.
C/M Disraelly confirmed the fact that it ran around the perimeter, to
which Mr. Birken concurred.
35. Leadership Housin - Land Dedications - Tem . Reso. #1713 - Discussion
and possible action to accept land dedications offered by Leadership
Housing, Inc., pursuant to Agreement with the City in July, 1979.
SYNOPSIS OF ACTION: Tabled to 7/23/80 meeting
Mr. Birken read Temp. Reso. #1713, and advised that Council was informed
by Staff, as relates to the parcels being requested. He further added
that two parcels had outstanding unpaid taxes; namely, Parcels 10 and
34. He said that taxes on Parcel 10 thru 1979, . were $302.76, and Parcel
34 is $330.31, which is for 1977, 1978 and 1979, and are unpaid. He
felt it could be tabled to the next meeting, in order to obtain the monies
from Leadership, or for Council to accept this and pay the taxes.
Council felt there should be an attempt to obtain the monies.
C/M Disraelly reviewed the various parcels, and felt it was not in con-
formance with the tax map.
Mr. Birken said that Mr. Darby prepared all the work, outside of the
deeds, and the deeds do indicate the exact ownership. He also noted
that a piece of property wider in the tax map,with extra width,has already
been given to the City or someone else.
V/M Massaro suggested that action be tabled, for additional research and
clarification, and so MOVED to table the item to the July 23, 1980 meeting,
with a SECOND by C/M Disraelly.
VOTE: C/W Kelch - Absent from dais
C/M Zemel - Aye
C/M Disraelly- Aye
V/M Massaro - Aye
Mayor Falck - Aye
GENERAL ADMINISTRATIVE/FINANCIAL
16. Purchasin5 Division - Receiving Procedures - Report of preliminary meeting
by C M Disraelly. Discussion and possible action.
SYNOPSIS OF ACTION: C/M Disraelly authorized to
handle matters of purchasing and receiving of
merchandise in the City Hall; also, to consummate
discussions with the involved individuals, and
report back to Council.
C/M Disraelly said this item was previously discussed, whereby it was
indicated to Council that there were problems with purchasing procedures
or receiving of merchandise in the City Hall. He stated that a meeting
was held with the Assistant City Manager and Steve Wood., the Finance
Director, and procedures for tightening -up controls were discussed, which
relates to the handling of purchase orders and the receipt of goods.
He further stated that it was a preliminary discussion, but was deter-
mined that all purchasing would be handled through the Purchasing Officer.
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14
C/M Disraelly indicated that the implementation of
receive goods, and following through, has not been
identified. He felt that a written report could be
Council within one week.
the authorization to
clearly defined and
submitted to
V/M Massaro felt that C/M Disraelly should confer with the Purchasing
Officer in order to establish the program because Mr. Thomson has pre-
vious experience with a very large firm, which could serve the City well.
C/W Kelch MOVED that the matters of purchasing and receiving of merchan-
dise in the City Hall be placed in the hands of C/M Disraelly, to con-
summate his talks with the individuals involved, and report to Council
in writing. C/M Zemel SECONDED.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE.
32. Charter Board - Fro osed Amendments - Temp. Ord. #780 - Discussion and
possible action concerning Charter Amendments proposed by the Charter
Board, Sections 4.04 and 8.01 of the Charter. First Reading.
SYNOPSIS OF ACTION: Approved on lst Reading,
as amended.
Barry Eden represented the Charter Board, and indicated that the amend-
ments involved increasing salaries for the City Council, and a question
be placed on the next general election ballot.
Shall Section 4.04 of the City Charter be amended to provide that the
salary of the Mayor shall be $4,800.00 per year, and the salary of the
individual Council members shall be $3,600.00 per year, effective upon
passage of this question?
Mr. Eden said that after discussion, it was determined that it be carried
out as set forth in the Charter, on a monthly basis; with the Mayor's
salary to be $400.00 per month, and the Council members would be $300.00
per month. This would additionally conform to the language of the Charter.
He repeated the question as it would appear:
Tape
Side Shall Section 4.04 of the Tamarac City Charter be amended to provide
#9 that the salary of the Mayor shall be $400.00 per month, and the salary
of the individual Council members shall be $300.00 per month, effective
upon passage of this question?
Mx. Eden felt that the ordinance should reflect an additional word, "and"
to be deleted, also noting that Council members should be two words, in-
stead of one word.
C/M Disraelly said that page 2, line 6 of the ordinance, should reflect
two words for Council members; also, line 9; and correcting the word
performance on line 4; page 1, line 33, the word Council should be capi-
talized, and page 2, line 11 also.
Mr. Eden read Question #2, into the record; Shall Section 8.01 of the
Tamarac City Charter be amended to require candidates for and members
of the Charter Board, when elected, to be elector residents of the City?
C/M Disraelly recommended the following verbiage for Section 8.01,"that
any elector resident of the City may be a candidate for, and if elected,
may service on the Charter Board as long as he is an elector of the City."
Virginia Taylor, a member of the Charter Board, said as relates to quali-
fications which are established for election, must be continued, because
when an individual is unqualified to run, they would be unqualified to
serve. She said it was necessary to indicate in this particular amend-
ment that the original qualification requires residence.
V/M Massaro said that it is spelled -out for the Council, and should also
be so noted for the Charter Board, to which Mrs. Taylor said that the
City Attorney felt the additional verbiage was unnecessary, but she
concurred.
The Council members felt that clarification of elected members should
be properly indicated.
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C/W Kelch inquired about a specific amount of money involved for placing
these questions on the ballot, to which C/M Disraelly said it would cost
$2,900.00. It was noted by C/W Kelch that she was not in favor of salary
increases in this range, and could not see spending this type of money
for placing questions on the ballot. She felt that when national elec-
tions are involved, that most of it will be ignored, and definitely was
opposed to putting local questions on the November ballot.
Mr. Eden said it would take politics out of the issue by placing it on
the November ballot, especially since there is no particular office
being scheduled for the City of Tamarac at that time.
C/M Disraelly felt that the two items brought before Council from the
Charter Board should be handled as separate ordinances, rather than a
single ordinance. He said that based on previous discussions, it was
felt that Council should not be the initiator of the ordinance, but that
the Charter Board should be the initiator of the compensation ballot.
He also felt that Council would discuss the terms and qualifications of
the Charter Board. A memorandum was received from the City Clerk, which
indicates that if Council does not take action to place this on the ballot,
then the proposal would be returned to the Charter Board, and could be
handled by four (4) affirmative votes, to place in on the ballot.
C/M Zemel said that he was always in favor of an increase for Council
members in order for capable people to be able to run for office, and
not be limited to any particular group. Fie also felt that more money
was evident, and Council should not hide their heads. He MOVED that the
City Council adopt Temp. Ord. #780, an ordinance placing on the November
4th, 1980 ballot, the proposed amendments to the City of Tamarac Charter,
as amended, in Section 8.01. V/M Massaro SECONDED the motion.
VOTE: C/W Kelch
- Nay
C/M Zemel
- Aye
C/M Disraelly
- Aye
V/M Massaro --
Aye
Mayor Falck
- Aye
39. Newspaper Collection Franchise - Temp. Ord. #787 - Discussion and
possible action. First Reading.
SYNOPSIS OF ACTION: Approved on 1st Reading,
as amended.
C/M Disraelly said he requested to agendize this item, due to a problem
with the Durbin contract because the pickup could not be handled on the
scheduled date. He additionally stated that MGM Recycling was contacted
through Seaboard, a wholesaler for this type of paper.
Mrs. Stuurmans read Temp. Ord. #787.
C/M Disraelly advised that a contract will be submitted to MGM and
Seaboard, because MGM is the holder of this contract, but with a guarantee
of performance and payment by Seaboard, which was previously Durbin. Fie
said it was indicated to commence on the passage of this ordinance
if second reading is to be held on 7/23/80. Thereafter, he said, news-
paper pickup will commence on 7/30/80.throughout the City.
He then MOVED to adopt Temp. Ord. #787, on granting a franchise to
MGM Recycling, on first reading, and C/M Zemel SECONDED.
C/M Zemel also called attention to the first page of the ordinance, on
line 14, the last word should be "of", and not or. He also noted on the
first page of the contract, the last line, "Buyer shall makelpickups at
least once per week, at designated areas", which involves a�.problem, be-
cause it should be a pre -determined day every week.,
He said that page 2, commencing with the fifth line, there is no pre-
determination of the territorial areas, to which C/M Disraelly replied
that if the company does not coordinate this, then it will be established
by the City Manager. C/M Zemel also stated that in paragraph 3, on the
fifth line, he felt there was a question of a receipt for the newspaper
pickups. On page 4, he noted that the word additional has been repeated
at the end of page 3, and going into page 4; para. 11, same page, the
word "and" is omitted between establishment and operation; page 5, 12.3,
Other Conditions-subpara. a),he requested that lines 4 and 5 should read
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has given and also has failed; also on line 3. He ques-
tioned page 6, 12.4 - Pickups - "There shall be no pickups prior to
7:30 A.M."
V/M Massaro clarified the fact that there can be no pickups made, unless
a franchise is obtained from the City.
C/M Disraelly CONFIRMED THE MOTION, AS AMENDED, to which C/M Zemel
concurred.
VOTE:
ALL VOTED AYE.
41. Fees for Special Exception - Temp. Ord. #782 - Discussion and possible
action.
SYNOPSIS OF ACTION: Approved on lst Reading,
as amended.
The City Attorney read Temp. Ord. #782, and stated this ordinance states
a fee,which will be established by resolution; also, providing that
should an extension be necessary, then there will be an additional fee,
to be determined by resolution.
V/M Massaro MOVED for the adoption of Temp. Ord. #782, on first reading.
Tape C/W Kelch SECONDED.
Side
#10 C/M Disraelly inquired as to fees for processing applications and
also publications, due to a request by a homeowner for the release of
an easement. He asked where this type of fee should be included in
the Code as to a fee requirement?
Mr. Birken felt it could be included in Chapter 28, as a separate article,
or under Chapter 2, the General Administrative Chapter of the Code.
VOTE:
ALL VOTED AYE.
V/M Massaro said that prior to second reading, the City Attorney should
prepare a resolution with a fee; and, inquired as to recommendations
being given, by memorandum, to which Mr. Birken concurred.
42. Bid Authorization - Detailed Plans of Williams, Hatfield & Stoner for
Augmentation of the Drainage System. Discussion and possible action.
SYNOPSIS OF ACTION: City Manager authorized to
advertise for bids, which would be presented to
Council at their first meeting in September.
(See page 2)
V/M Massaro said the plans will be ready between August 10th and 16th,
1980, and MOVED that the City Manager be authorized to go for bid in
order for them to be available for presentation to Council at the first
meeting in September, and C/M Zemel SECONDED.
V/M Massaro said the worst sections will be taken first, which will be
indicated by Mr. Keating and Mr. Nolan. This, in turn, will help the
people where the greatest problems have occurred recently, which are
to be separated by sections. She also said the area in the eastern
section of the City, where flooding is involved in homes, will be taken
under consideration.
VOTE:
ALL VOTED AYE.
43. Siegel Funeral Home - Litigation - Discussion and possible action.
SYNOPSIS OF ACTION: Tabled to 7/23/80 meeting.
See page 2)
V/M Massaro felt this should be appealed to the Appellate Court, but
felt that it might have to go before the same Judge. She also noted
that the memorandum presented by Mr. Birken, also indicated the same
Judge would probably hear this case.
C/M Zemel said that the memorandum from the City Attorney, which was
dated April 2nd, did not give affirmative direction to Council.
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7/9/80
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He additionally stated that a memorandum was sent to the City Attorney,
on July 8th, for an interpretation, but felt there was a problematical
situation involved.. C/M Zemel felt there was adequate time to 7/28/80,
and would MOVE to table this item to the next regular meeting of 7/23/80.
C/W Kelch said that she was opposed to appeals being made, and felt the
adjudication received was fair in this matter. It was her feeling to
support the granting of the special exception, because she felt the
installation was desirable, and the objections were not qualified. She
further stated that the site plan should be presented and judged on its
merit.
V/M Massaro requested that an opinion be submitted from Mr. Ruf, the
Consulting Attorney for the City. She SECONDED the motion -to table.
VOTE: C/W Kelch --
Nay
C/M Zemel
- Aye
C/M Disraelly
- Nay
V/M Massaro
- Aye
Mayor Falck
- Aye
LEGAL AFFAIRS
33. Browar_d County Agreement - for McNab Road Construction - TemP.
Reso. #1618 -- Discussion and possible action to approve this agreement.
SYNOPSIS OF ACTION: Adopted, as amended. RESOLUTION NO.R-- ZO Z % !Z PASSED.
Mr. Birken said that it came to his attention during the noon hour, that
what is being attempted with the County, would be considered an issue of
a bond or obligation under the Florida Statutes. This would involve
entering into an obligation to pay the County monies from City funds,
over a period of time. This, he said, would require a referendum under
the City's Charter.
Mr. Birken further explained that the agreement with the County is con-
sidered by the Bond Counsel to be characterized as a junior lien indebt-
edness, which information he obtained this day.
The City Attorney said that a referendum was held on the acquisition of
the Utility and capital improvements, which was approved by the voters
of Tamarac last October, 1979. It would presently be necessary to place
the following language in the agreement, "that they would be paid out of
City's General Reserve Fund, and that this obligation is junior to the
pledge of the revenues, on the bonds issued pursuant to Resolution No.
R-79-251. This, in turn, he said, will enable the City to reduce the amount
of the bond issue by the cost of the improvements.
V/M Massaro inquired whether this can become a CIAC, to which Mr. Birken
said this money could partially be taken out of that area, because CIAC
is for the developer's portion of new construction.
She then clarified the fact that a percentage for all the lines to be
relocated could be taken out of the CIAC monies, to which Mr. Birken
concurred.
C/M Disraelly confirmed the fact that everything was being taken to the
sewer plant, which includes everything north of McNab Road, and has been
developed on 70th Avenue, north of McNab Road.
Mr. Birken said that CIAC is from the new projects coming in, such as
the pro-rata portion of Concord Village. He additionally stated that the
agreement should be modified because it indicates that the City has a
general obligation to make payment of monies to the County. Under the
Charter and State Law, the obligation to pay monies over a period of time
is essentially an indebtedness in certain types of lien situations. He
felt the agreement should specify where the monies are coming from, and
they are junior to the bonds which will be issued under the bond resolu-
tion. This, he said, would permit the amount of the overall bond issue
to be reduced by the cost of improvement; such as a $14,350,000 bond issue
with a cost of $600,000, would leave a difference of the bond issue. The
rate of interest, he said, would be less than could be obtained anywhere
else..on this indebtedness. He reiterated that this change was imperative.
6►A:19
7/9/80
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Mr. Birken also advised that when the voters of Tamarac approved the
Utility acquisition, they authorized the issuance of the indebtedness
up to $15,000,000. The City Attorney stated that Mr.Nolan and Mar.Tilghman
both said that the cost of the Commercial Boulevard relocations, its full
cost, was always included in the amount of the bond issue. He also said
there are monies available in the Construction Fund, which Mr. Nolan has
been modifying, and determining whatever has to be included in this fund.
This, he felt, should be completed prior to Council's meeting on Friday,
which amount could be taken out of the bond issue at no interest or a
lower interest rate, whichever is negotiated. This, he said, will be
taken from the General Reserve Fund or CIAC Fund.
He said there were a few questions, with one being interest, and whether
Council would like to approve a document with interest or with a zero
percentage of interest. The County may reject this zero interest be-
cause they suggested 7.8%.
V/M Massaro indicated that in discussions with people in the County, it
was pointed out that they are not paying interest on the money because
they are not using bond money for the relocation of the lines. After
speaking with the Commissioner, she said, it was determined that the bond
money was being used to front this payment, with the understanding that
it was recoverable money. In turn, the Vice -Mayor informed the Commis-
sioner that it was her understanding that bond money was not being used
for the payment, but other money that was on -hand.
She said the Commissioner felt that a determination would have to be made
as to whether it was or was not bond money being used. If it is not, she
said, then the Commission could be persuaded to permit Tamarac to delete
the interest. The Vice -Mayor then advised her recommendation to Council
would be to send in the agreement in order to show their good intentions
of paying for the relocation of the .line, with anticipation that the Com-
mission will submit approval of no interest payments.
Mr. Birken felt that it was only one Commissioner's opinion, and four
others were involved, in order for approval and proper action to be con-
sidered. fie said that indications were that if it is not approved at
their July 15th meeting, then the Commission will go on to other projects,
and forget about McNab Road. This was the recommendations from their
staff, he said.
C/W Kelch confirmed the fact that the resolution could be adopted, with
a copy of the agreement attached for Section 6, which relates to interest,
by deleting it in some manner, as executed, and submit this to the County.
It was the City Attorney's opinion that a representative of the City be
present at the July 15th, 1980 County Commission meeting, if a problem
should arise.
C/M Disraelly inquired whether approval should be made for removal and
relocation of the water and sewer lines on McNab Road, between University
Drive and the east City limits of Tamarac, based on this agreement. Also,
a letter is to go forth, he said, which will be signed by the Mayor, in-
dicating that commitments have been made to the City, and would pay no
more than other similar contracts for similar work. He further stated
that the City was advised there' were some at zero interest, and would
expect full consideration at lesser interest,and SO MOVED.
C/W Kelch said she was aware that the reimbursement was not due for one
year after the installation work has been completed, and the itemized
statement submitted to the City, which is noted in Section 6.
Mr. Birken recommended that language be inserted, in order for clarifica-
tion of where the monies will be obtained for the relocations.
V/M Massaro felt that Mayor Falck should represent the City at the
July 15th County Commission meeting.
C/M Disraelly inquired as to the start of the interest, to which Mr.Birken
said it would commence one year after completion. The City Attorney
also discussed the fact that the County will have no responsibility for
the work being properly accomplished, and the City will not hold them
harmless for whatever occurs.
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mr/
V/M Massaro inquired whether an Inspector could be placed on the job,
because the infiltration problem will be the concern of the City, to
which Mr. Birken felt this could be established with the County.
V/M Massaro said to AMEND THE MOTION to include that the Mayor be per -
Tape mitted to make necessary changes.
Side
#11 Mr. Birken felt that a zero (0) percent interest should be included,
and the MOTION should include authority to modify the agreement to
include the language as to where the monies would emanate for payment.
The City Attorney indicated that the money will be coming from the
General Reserve Fund and appropriate CIAC. C/M Disraelly CONCURRED.
V/M Massaro SECONDED the motion.
VOTE; ALL VOTED AYE.
Mr. Birken noted that the item was incorrectly stated on the agenda, and
a motion should be made for the change. He read Item #33 into the record;
Broward County Agreement - for McNab Road Utility Relocation - Temp.
Reso. #1618 - Discussion and possible action to approve this agreement.
The City Attorney read Temp. Reso. #1618, and C/M Disraelly MOVED for
its adoption, with the language included in the motion and V/M Massaro
SECONDED.
VOTE: ALL VOTED AYE.
(Meeting interrupted, in order to hold Sabal Palm Public Hearing)
REPORTS
36. City Council
C/W Kelch suggested that the Council members contact various section
heads requesting they inform residents to write to Atlanta, objecting to
an ILS System at Executive Airport. She additionally stated that the
next Newsletter of the Public Information Committee will also the publish
this information, with deadlines for decisions by 7/15/80.
C/M Disraelly advised that one item under discussion at the Ft.Lauderdale
meeting involved the ILS System, and indicated in a letter to Mr.Frazer,
that even though the discussion of the runway was precluded, it could
not be divorced. He also said that the Environmental Quality Control
report could not separate one from another.
Mayor Falck said that he received copies of letters that people have
already written to the FAA in Atlanta, plus a letter from one of
the pilots, who made statements that only the old people attended.
He replied that a 2,000 foot glide -scope would promote considerably
increased air traffic. He also felt that people should be encouraged
to write.
The Mayor indicated that one public hearing will be sponsored by the
South Florida Regional Planning Council, and felt there should be a
good turnout by the people. He will advise of the date of the hearing,
and has requested that the hearing for the impact study and analysis
be held in Broward County.
Mr. Birken suggested that it was important for the appearance of many
people; also, the petition of as many names as possible objecting to
the ILS at the airport. The Newsletter, he said, would be one means
of spreading the word.
C/M Disraelly inquired whether it could be printed in the Sunday Broward
Times.
C/M Zemel felt that people could be encouraged to attend the next
meeting; also, creating an avalanche of mail to be sent by the people
in the western section of the City.
C/M Zemel discussed the blasting in Coral Springs, which is affecting
the western section of the City. He said that Mr. Thomas, Chief Blasting
Inspector at Broward County, contacted him, and two sights were picked
for monitoring and daily readings. in two homes. During the middle of
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mr/
38.
36.
the testing,
seismograph
blaster.
the County will came in with their own certified independent
for comparison with the machine being used by the commercial
He said that Comm. Forman has promised, if necessary, to introduce an
amendment to the County Ordinance for a reduction in the allowable
blast charges.
C/M Zemel said this blasting has been in effect for the past 2 1/2 years,
which involves building in the western section of Coral Springs.
C/M Disraelly requested the City Attorney to prepare an ordinance setting
forth fees for release of easements to be established by resolution.
He also complimented the Assistant City Manager,especially noting the
excellent administrative reports on the bid presentations.
City Attorney
Mr. Birken reported on the Bennett Case, stating that the Judge was
interested in the proposed settlement, and would rule after receiving
signed, fully executed stipulations.
He also noted the monitoring of a lawsuit, which involves an incident
that occurred in 1974, with some of the defendants still being employed
in the Police Department. He felt that the trial may end this day or
the following day, and was the Weir Case, where the City had only
$25,000 insurance at the time.
Mr. Birken further advised that a slip and fall case was scheduled for
next Monday.
Mr. Birken discussed the IBM Word Processor,with the City requesting
to be put on a waiting list for equipment, if it is desired at some
point in time. IBM has repeatedly stated that nothing is binding.
Council indicated they were impressed with the idea.
City Council
Mayor Falck discussed the widening of Prospect Road, from 31st Avenue
to Dixie Highway, but the City has not been afforded an opportunity to
.review the plans. He indicated that after his review of the plan, it
was determined that the people will not be extremely affected by such
road expansion because more right-of-way was being taken to the south,
and will not adversely affect the residents in the Lakes 1 and 2 sections.
He also said that the canal was being moved that is south of the existing
Prospect Road, which would be moved further south,and the road was being
widened. The only disturbance, he said, will be the installation of a
sidewalk, which is relatively close to the homes.
C/M Zemel said that he previously discussed debris at Cypress Creek Commons
which was deposited by a contractor, in the construction of a
bicycle path, ftom University Drive and west of 88th Avenue. He did
indicate this to the City Manager, but has not received a response Io-
date.
MEETING WAS RECESSED TO 2:00 P.M.,
on FRIDAY JULY 11, 80.
P
ATTEST: MA
CITY CLERK
This public document was promulgated at a cost of $-�o. Q of -
per copy, to inform the general public and public officers and
employees about recent opinions and considerations by the City.Council
of the City of Tamarac.
APPROVE B
CITY
COUNCIL
ON a� /y'� v
-31- 7/9/80
mr/