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HomeMy WebLinkAbout1989-08-23 - City Commission Regular Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 23, 1989 CALL TO ORDER: 9:00 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 research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PRESENTATION by City Manager Kelly of a ten-year service award to VINCENT FISCHER, Building Department, and a fifteen -year service award to GERALDINE VICTOR, Code Enforcement. FINAL ACTION: Vincent Fischer was not present. PRESENTATION was made to Geraldine Victor. CONSENT AGENDA 2. Items listed under Consent Agenda, Item 2, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department a. MOTION TO ADOPT Temp. Reso. #5524 releasing a cash bond in the amount of $2,000.00 posted for a sales trailer that was located in the ISLES OF TAMARAC, 7006 NW 100 Terrace (840612). FINAL ACTION: TABLED for fees in arrears. b. MOTION TO ADOPT Temp. Reso. #5523 releasing a cash bond in the amount of $10,000.00 posted for signage pending approval of a revised site plan for BARNETT BANK, 8200 N. University Drive, Permit #89-266 (890329). FINAL ACTION: RESOLUTION NO. R-89--219 PASSED. APPROVED. Page 1 08/23/89 City Clerk 2. C. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 8/l/89 - Special Meeting 2. 8/3/89 - Special Meeting 3. 8/9/89 - Regular Meeting FINAL ACTION: 2.c.1. APPROVED. 2.c.2. APPROVED. 2.c.3. APPROVED. d. MOTION TO APPROVE a model sales facility and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRINGLAKE II (WESTLAKE VILLAS) for a six-month period from 9/22/89 to 3/22/90. FINAL ACTION: APPROVED. CONSIDERATIONS City_ Attorney 3. DISCUSSION AND POSSIBLE ACTION regarding the Comark Settlement. FINAL ACTION: The City's legal representatives were AUTHORIZED to offer to settle for $100,000.00 over a two (2) year period or $120,000.00 over a three (3) year period. Also, this item will be brought back to Council at a future meeting after further investigation and a report of the history of this case. Community Development 4. MOTION TO AUTHORIZE staff to negotiate with vendor for update of impact fees and other portions of the City Code in order to meet the requirements of Chapter 163 of the Florida Statutes and Rule 9J-5 of the Florida Administrative Code. FINAL ACTION: APPROVED. Engineering/Utilities 5. MOTION TO APPROVE reimbursement in the amount of $4,668.30 to Lawrence Crone, President, BEDDING BARN, for expenses incurred as a result of having to correct a faulty sewer line (tabled on 5/24/89). FINAL ACTION: TABLED for a report at the September 13, 1989 City Council Meeting for further negotiations with Florida Power & Light by City Attorney. L 1 Page 2 08/23/89 6. a. MOTION TO ACCEPT the work performed by the Turbitrol Division of the Taulman Company on TUW Project 85-19T, Telemetry System. b. MOTION TO ACCEPT the Final Release of Lien as submitted by the Turbitrol Division of the Taulman Company on TUW Project 85-19T, Telemetry System. C. MOTION TO APPROVE final payment in the amount of 21,416.20 to the Turbitrol Division of the Taulman Company for TUW Project 85-19T, Telemetry System, FINAL ACTION: 6.a. APPROVED. 6.b. APPROVED. 6.c. APPROVED. Public Works Department 7. MOTION TO APPROVE the transfer of $1,340.00 from Recreational Activities Account 001-550-572-481 to Special Supplies Services Account 001-872-519-306 to provide funding for temporary monitor wells and Broward Testing Lab environmental audit for the Public Works property sale. FINAL ACTION: APPROVED. However, this item will be brought back to City Council in order to transfer funds from Contingency instead of recreation account. 8. MOTION TO APPROVE the transfer of $4,155.00 from Public Works Special Supplies/Services Account 001-A79-519-306 to Special Supplies/Services Account 001-872-519-306 to correct the account numbers on budget transfer approved by Council on 5/24/89. FINAL ACTION: APPROVED. RESOLUTIONS City Attorney 9. MOTION TO ADOPT Temp. Reso. #5521 authorizing the assignment of Recreation Lease and Declaration of Restrictions to MAINLANDS FIVE, INC. FINAL ACTION: RESOLUTION NO. R-89-220 PASSED. APPROVED. Community Development 10. a. MOTION TO ADOPT Temp. Reso. #5518 approving a plat for the TAMARAC MULTI -PURPOSE CENTER. b. MOTION TO ADOPT Temp. Reso. #5519 approving a site plan for the TAMARAC MULTI -PURPOSE CENTER. FINAL ACTION: RESOLUTION NO. R-89-221 PASSED. RESOLUTION NO. R-89-222 PASSED. 10.a. APPROVED. 10.b. APPROVED. Page 3 08/23/89 11. MOTION TO ADOPT Temp. Reso. #5522 concerning a request by CHINA JEWEL RESTAURANT to permit two garbage pick --ups per week instead of six garbage pick-ups per week (pick-up each day the restaurant is open) as required by Code Section 11-2. FINAL ACTION: TABLED. Engineering/Utilities 12. MOTION TO ADOPT Temp. Reso. #5520 authorizing the appropriate City officials to execute an agreement with Drew Chemical Corporation for the sole source purchase of Drew -Floc III as a coagulant aid in the water treatment plant purification process for Fiscal Year 1989/90. FINAL ACTION: APPROVED. RESOLUTION NO. R.-89-223 PASSED. 13. MOTION TO ADOPT_Temp_. Reso. #5525 authorizing the appropriate City officials to execute an agreement with Schlumberger Industries, Inc., in the amount of $5,750.00, to furnish one (1) 8-'inch fire flow service meter and all appurtenances for TUW Project 89-17, Treehouse/Quail Oaks 8-inch Fire Flow Meter. FINAL ACTION: APPROVED. Public Works Department RESOLUTION NO. R--89-224 PASSED. 14. MOTION TO ADOPT Tem . Reso. #5517 establishing fees for youth recreational activities for Fiscal Year 1989/90. FINAL ACTION: RESOLUTION NO. R-89-225 PASSED. APPROVED as amended to include only: 1. AFTER SCHOOL PROGRAM (Monday to Friday) 2:30 P.M. - 6:00 P.M. Approximately 120 children Per child, per week: 2. KIDS DAY OFF PROGRAMS 9:00 A.M. - 5:00 P.M. Approximately 60 children Per child, per day: OPEN PUBLIC FORUM Resident ...... $21.00 Non-Resident..$26.50 Resident ...... $14.00 Non-Resident..$16.00 15. OPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. FINAL ACTION: Open Public Forum was held. REPORTS 16. City Council 17. City Manager 18. City Attorney 1 1 Page 4 08/23/89 1 AGENDI7ED BY CONSENT 19. MOTION TO APPROVE Change Order #2 in the amount of 7,410.42 decreasing the Contract Sum since 16 channel units are no longer necessary due to the elimination of the Police Department, and have been replaced by 6 channel units, and Change Order #3 in the amount of $3,697.23 increasing the Contract Sum to pay for a spare telemetry remote terminal unit (RTU) and an RTU programming kit for the Utilities Department. These change orders are for the Tamarac Muncipal Complex Police Facility Electronic Communications System. FINAL ACTION: APPROVED. The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk ----------------------------------------------------------------- PUBLIC HEARING Thursday, September 14, 1989 - 7:00 P.M. City Council Chambers at City Hall re Budget for Fiscal Year 1989/90 Page 5 08/23/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 23, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, August 23, 1989 at 9:05 A.M. in the Council Chambers. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, Consulting City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary CONSENT AGENDA Building Department 2. a. MOTION TO ADOPT Temp. Reso. #5524 releasing a cash bond in the amount of $2,000.00 posted for a sales trailer that was located in the ISLES OF TAMARAC, 7006 NW 100 Terrace (840612). SYNOPSIS OF ACTION: TABLED for fees in arrear. C/M Hoffman said that there was a memorandum in the backup which indicated that the recording fees for this Item were not paid. * C/M Rohr MOVED to TABLE Temp. Reso. #5524, SECONDED * by C/M Hoffman. VOTE: AGENDIZED BY CONSENT ALL VOTED AYE General Administrative 19. MOTION TO APPROVE Change Order #2 in the amount of $7,410.42, decreasing the Contract sum since 16 channel units are no longer necessary due to the elimination of the Police Department, and have been replaced by 6 channel units; and Change Order #3 in the amount of $3,697.23, increasing the Contract sum for a telemetry remote terminal unit (RTU) and an RTU Programming kit for the Utilities Department. These Change Orders are for the Tamarac Municipal Complex/ Police Facility electronic communications system. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. (SEE PAGE for Final Action) * V/M Bender MOVED to AGENDIZE Item 19 by Consent, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE Page 1 MFAWAE INTRODUCTION 1. PRESENTATION by City Manager Kelly of a ten-year service award to VINCENT FISCHER, Building Department, and a fifteen - year service award to GERALDINE VICTOR, Code Enforcement. SYNOPSIS OF ACTION: PRESENTATIONS was made to Geraldine Victor. Steven Oxenhandler, Director of Development Services, accepted the award for Vincent Fischer. City Manager Kelly presented a ten-year service award to Vincent Fischer and Steven Oxenhandler, Director of Development Services, accepted the award in the absence of Mr. Fischer. City Manager Kelly presented a fifteen -year service award to Geraldine Victor and thanked her for her many years of service to the City. CONSENT AGENDA - Item 2 a. through d. Building Department 2. a. MOTION TO ADOPT Temp. Reso. #5524 releasing a cash bond in the amount of $2,000.00 posted for a sales trailer that was located in the ISLES OF TAMARAC, 7006 NW 100 Terrace (840612). SYNOPSIS OF ACTION: TABLED for fees in arrears (SEE Page 1). b. MOTION TO ADOPT Temp. Reso. #5523 releasing a cash bond in the amount of $10,000.00 posted for signage pending approval of a revised site plan for BARNETT BANK, 8200 N. University Drive, Permit #89-266 (890329). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-219 - PASSED APPROVED. City Clerk c. MOTION TO APPROVE the minutes of the following City Councilmeetings 1. 8/l/89 - Special Meeting 2. 8/3/89 -- Special Meeting 3. 8/9/89 - Regular Meeting SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE a model sales facility and waiver of the 300-foot d ststance requirement for issuance of certifi- cates of occupancy for SPRINGLAKE II (WESTLAKE VILLAS) for a six-month period from 9/22/89 to 3/22/90. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE the Consent Agenda with the * exception of 2 a., SECONDED by C/M Hoffman. Page 2 8/23/89 Melanie Reynolds, Resident of Sands Point, said the minutes of August 1, 1989, were supposed to be verbatim and Mayor Abramowitz asked the City Manager to look into this matter. VOTE: ALL VOTED AYE CONSIDERATIONS City Attorney 3. DISCUSSION AND POSSIBLE ACTION regarding the Comark Settlement. SYNOPSIS OF ACTION: The City's Legal re to offer settlement year period or $120 period. Also, this Council at a future and a report of the presentatives were authorized for $100,000.00 over a two (2) ,000.00 over a three (3) year item wit be brought back to meeting after further investigation history of this Case. Mayor Abramowitz said when he became Mayor he was asked to attend a meeting involving the City Manager, City Attorney and two Attorneys from Morgan, Lewis and Bockius. He said the meeting concerned a litigation suit between the City and Comark. He said he asked the Consulting City Attorneys to submit a written Report on the matter. Mayor Abramowitz announced that Alan Ruf, Consulting City Attorney, was sitting in for City Attorney Doody. Mayor Abramowitz read from Alan Ruf's memorandum to him dated August 17, 1989 (SEE ATTACHMENT 1). Mayor Abramowitz said the Attorneys informed him that the bankruptcy rules indicated that any assets of a company disbursed within a 90 day period were improper. He said the Courts were stating that the securities were returned improperly and it was a fraudulent transfer. Mayor Abramowitz said the City never asked or received the securities back from Comark. He said when he became aware of this matter, he was informed that over the years the law firms negotiated to have all of the securities returned; however, the bankruptcy Judge wanted to settle for $212,000.00. Mayor Abramowitz said he felt that the City borrowed the money and paid the money back; therefore, it was not proper to say the City made a fraudulent transfer and ask the City for a Settlement. Mayor Abramowitz said this was one of many and the City Council objected strenuously when he stated, "This was blackmail". He said he has been researching this matter to determine what it cost the City since the time of the occurrence. He said last week he signed a check in the amount of $26,091.00 for Morgan, Lewis and Bockius. He said this cost did not include the Consulting Attorney s fees; however, they were involved. He said the present Finance Director and City Manager were not employed by the City during this time; however, they were assisting him in accumulating information regarding the cost for this matter. Page 3 8/23/89 Mayor Abramowitz said before the City Council vacation, he attended an Emergency meeting with the City Manager. He said he was informed that the bankruptcy ,judge declared that he wanted complete Discovery by October 15, 1989. He said he was informed by the Attorneys that the minimum cost to supply the Discovery would be approximately $60,000.00 and there was a possibility the City may lose the litigation. Mayor Abramowitz suggested that the City Council propose a Settlement to pay $100,000.00 over a 2-year period or $120,000.00 over a 3--year period. He said the City proposed several Settlements in the past; however, they were denied. Mayor Abramowitz said the Sunshine Law forbids the City Council to discuss this matter as a Body; therefore, he discussed this matter with Attorney Ruf, who informed him that the Discovery process had to be started costing approximately $10,000.00. Mayor Abramowitz asked the City Council to review this matter and make a determination as to what should be done. He said regardless of the decision, the City would have lost approximately $250,000.00. V/M Bender said he was surprised that this matter has continued for 8 years and the entire story was not exposed. He said this City Council and staff were being placed in an embarrassing situation. He said he recently read the document and he would like additional information regarding all of the City's alternatives. C/M Hoffman said this matter was hard to understand and it seemed ridiculous that the City Council was held accountable for actions taken by others in 1981. He said the City repaid their debt to the company. He said it seemed that there was gross negligence on the part of the people involved with the City at that time. He said this matter could be called malfeasance and he suggested that the City consider instituting a lawsuit to recover funds from the people that were in Office at that time. He said this could be done through the insurance company which insured those people. C/M Hoffman said he would like to know who the City Council was in October and December, 1981. He said someone should have came forward and retrieved the City's securities as opposed to waiting for 1-1/2 years after the debt was paid to the company. C/M Hoffman said the documents indicated that the City made offers that were refused, such as $65,000.00. He asked if there was any assurance that a higher settlement would be accepted. He said he could not understand the City's liability in this matter and he asked for a complete explanation from the Attorney on how the City could be responsible for the bankruptcy of a company in California from which the City borrowed money. He said the City borrowed the money and repaid the company. He said the City did everything that should have been done except request the securities back. Mayor Abramowitz said at the meeting with Morgan, Lewis and Bockius and the Consulting Attorneys, he wanted to make sure that the Attorneys were not looking for additional business and protracted negotiations. He said both Attorney firms informed him that even though they Page 4 8/23/89 felt that the City had a legitimate Case, they advocated settling the Case. He said the Attorneys stated that they were not looking for additional fees; however, it would cost a minimum of $60,000.00 to continue the Case. Alan Ruf, Consulting City Attorney, said in May, 1989, the Trustees' Attorneys indicated that they would settle for $142,500.00. He said it was the feeling of Morgan, Lewis and Bockius, that they could settle in the range of approximately $120,000.00. He said he recommended paying the Settlement over a period of two to three years because of the present Budgetary situation of the City. Attorney Ruf said Morgan, Lewis and Bockius represented the City in the ESM Case and recouped approximately 75% of the City's money; however, the Attorney fees were in excess of one million dollars. He said this was a Nationwide Law Firm and they try to win every suit they have. He said it was not unusual for a Firm of that size to have four or five lawyers working on a Case. He said the fees increase very rapidly and the Firm would like the City to authorize them to defend the suit because they felt that the City had a position to win; however, it was their advice, because of the Budgetary restraints of the client, that a Settlement be attempted as opposed to paying the Law Firm. He said he recommended that this be done as well. C/M Hoffman asked if there could be recovery from the City Council that served during that time and Attorney Ruf said this matter was never explored. C/M Hoffman asked if Attorney Ruf felt that this matter involved malfeasance or misfeasance and Attorney Ruf said he could not characterize this Case as misfeasance or malfeasance because it was never investigated to be as such. C/M Rohr said the Case should be settled as opposed to continued. He said he was interested in determining the legal ramifications for a City Council during that time. He said the insurance company may be able to cover the financial loss of the City because of this Case; therefore, he would like it investigated. V/M Bender said the City borrowed approximately $700,000.00 and pledged in security $1,767,877.00. He said the pledge in this amount may have been unnecessary and he wanted to know why it was done. C/M Stelzer said this matter occurred in 1981 and it was not uncovered. He said the City Councils have known about this matter and he did not see the sense in looking for malfeasance or misfeasance. He asked who would prove that the City Council was responsible for this matter. He said it was the Finance Director's responsibility to handle the transactions of the loans. C/M Stelzer said he felt that an investigation was inappropriate because nothing could be proven. He said financial transactions were the responsibility of the Finance Director and this matter did not involve the existing Finance Director. He said the Attorneys recommended a Settlement and he suggested that the City Council approve the recommendation. Page 5 8/23/89 Mayor Abramowitz said this matter has occurred since 1981 and he asked why this matter was never brought out publicly. He said since he became aware of the matter, he has investigated the City records to find the expenditures for this Case. He said two weeks ago he had to sign a check for legal fees for the HSM Case. Mayor Abramowitz said he would like to know how the Comark matter occurred, why it was not brought out publicly, why it was not settled in the past and why the rational was different at this time. C/M Stelzer said this matter was discussed publicly several times and Mayor Abramowitz asked what was done. C/M Stelzer said there were offers to settle the matter; however, they were refused. Mayor Abramowitz said this matter could have been settled several years ago instead of spending the funds for legal fees. He said he found that there were only two offers made. C/M Stelzer said he did not know what was offered before he became a City Councilmember; however, while he was in Office, there were several offers made. He said the Attorneys charged the amount of time spent on the Case as opposed to the amount of time it took to settle. C/M Hoffman said he was not concerned about whether or not the matter was made public because he was aware of the matter; however, he did not know all of the details. He said he did not know who caused the problem and the City Council should know this. He said there were five people sitting on the City Council and they should have had enough interest in the matter to not allow the securities to stay in California 1--1/2 years after the debt was paid. C/M Hoffman said even if the City could not go after the previous City Council for malfeasance, he would like to know who was involved. He said the public had the right to know who was minding the store when this occurred. Mayor Abramowitz said there was a suggestion made to call a Special meeting in Conference Room #1 for further discussions on this matter; however, he did not approve of this because he wanted the residents to know -about this matter. He said he wanted to end the expenditure of legal fees and he would like the City Council's approval to direct the Attorney to submit a proposal of Settlement. C/M Stelzer said the Item on the Agenda had nothing to do with suing who was responsible for the matter and Mayor Abramowitz said he wanted to act on the Item on the Agenda; however, he did not want to stop the City Council from expressing their opinions. C/M Hoffman asked if C/M Stelzer was worried about this matter because he was involved in it and C/M Stelzer said he was concerned with the City spending money to prove that the City Council knew what was occurring. C/M Hoffman said the City Council should have known about this matter and he asked what the definition of "malfeasance" was. Page 6 8/23/89 Attorney Ruf said it was a question of fact and every fact stood on its own. Mayor Abramowitz suggested that the City Council direct the Attorneys to make a Settlement offer of $100,000.00 paid over a 3-year period and give the Attorneys the discretion to negotiate payment of $100,000.00 over a 2-year period or $120,000.00 over a 3-year period. * C/M Rohr MOVED to DIRECT the Attorneys to suggest a Settlement * of $100,000.00 over a 2-year period. Mayor Abramowitz suggested that the Motion be a Settlement of $100,000.00 paid over a 3-year period. C/M Rohr said previous proposed Settlements were denied and, unless the Settlement was reasonable, it would be denied again. He suggested that a reasonable Settlement be offered to avoid any further delays. * C/M Rohr AMENDED his Motion to Direct the Attorney to propose * a Settlement of $100,000.00 to be paid over a 3-year period, * SECONDED by V/M Bender. C/M Hoffman said he thought the Settlement was to be $100,000.00 payable over 2 years or $120,000.00 payable over 3 years and Mayor Abramowitz said he would like to have $100,000.00 paid over a 3 year period because of the City's Budgetary restraints. C/M Hoffman said a Municipality did not have a negotiating posture because the meetings were public. He said the public knew immediately what the bottom line was; therefore, the City Council had to determine the bottom line, pass a Resolution to permit the Attorney to make the offer and then continue. C/M Rohr asked what would happen .if the matter was not settled by October 1, 1989 and Attorney Ruf said the Attorneys have been detaining the matter until the City Council made a decision. Attorney Ruf said the Attorneys would transmit the City Council's proposal and request an immediate response because the Attorneys wanted to handle the Discovery Case. C/M Hoffman asked if a Settlement of $100,000.00 payable over a 3 year period was a reasonable offer and Attorney Ruf replied, no. Attorney Ruf said this was why the Attorneys recommended a Settlement of $100,000.00 payable over a 2 year period or $120,000.00 payable over a 3 year period. C/M Hoffman suggested that the Motion be Amended to a proposed Settlement of $100,000.00 payable over a 2 year period or $120,000.00 payable over a 3 year period. * C/M Rohr AMENDED his Motion to DIRECT the Attorneys to propose * a Settlement of $100,000.00 payable over a 2 year period or * $120,000.00 payable over a 3 year period, V/M Bender AMENDED * his SECOND. TAPE 2 Mayor Abramowitz asked that the Settlement be proposed immediately and Attorney Ruf said the first payment would be proposed to be in Fiscal Year 1989/90. VOTE: ALL VOTED AYE Page 7 8/23/89 V/M Bender said he was not aware of all of the information regarding this Case. * V/M Bender MOVED to APPROVE further investigation of this * matter to determine who the City Council and Finance Director * were when this occurred and a Report was to be brought back * to the City Council at a future Regular City Council meeting, * SECONDED by C/M Hoffman. Mayor Abramowitz suggested that the City Manager be asked to see that this was done as opposed to placing the request in the form of a Motion. He said he was concerned with why the money was not returned to the City and if the City received the interest. C/M Stelzer said if Bonds were being held as security, the interest was still being collected by the City and Mayor Abramowitz said he has been baffled at every turn trying to find out what happened. He said he was curious to find out what happened and not conduct a witch hunt. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay Community Development 4. MOTION TO AUTHORIZE staff to negotiate with vendor for update of impact fees and other portions of the City Code in order to meet the requirements of Chapter 163 of the Florida Statutes and Rule 9J-5 of the Florida Administrative Code. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender. Kelly Carpenter -Craft, City Planner, said the Growth Management Act of 1985 required localities to update their Comprehensive Plan and all Ordinances which implement the Plan. She said the City was in the progress of updating their Sign Ordinance and Chapters 6, 7, 20, 24 and 28. She said the request was to approve negotiations with vendors to update the impact fee Codes which included drainage, traffic and recreation. C/M Hoffman asked Mrs. Carpenter -Craft if there were new fees proposed and Mrs. Carpenter --Craft said a new set of fees would be proposed in conjunction with the Consulting Firm. C/M Hoffman said the request was only for a Study and Mrs. Carpenter -Craft replied, yes. VOTE: Engineering/Utilities ALL VOTED AYE 5. MOTION TO APPROVE reimbursement in the amount of $4,668.30 to Lawrence Crone, President, Bedding Barn, for expenses incurred as a result of having to correct a faulty sewer line (tabled on 5/24/89). 1 1 u..- 8/23/89 SYNOPSIS OF ACTION: TABLED for a Report by the City Attorney at the September 13, 1989 City Council meeting for futher negotiations with Florida Power & Light. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said the City required Bedding Barn to perform a repair on a sewer line before they could receive their Warranty Bond. He said Bedding Barn did the repair in the amount of $4,668.30; however, the area repaired was where the City and Florida Power & Light had a previous problem. He said he was convinced that the repair was a matter that should have been handled by the City and Florida Power & Light. Mr. Foy said the City was presently negotiating with Florida Power & Light regarding the matter and he was recommending that Bedding Barn be refunded this money. Mayor Abramowitz asked if Mr. Foy met with Florida Power & Light this week and Mr. Foy said there was a telephone conversation and Florida Power & Light made an offer of $1,000.00; however, he was not satisfied with the offer. C/M Rohr said the Engineering Department felt that the repair was Florida Power & Light's responsibility and Mr. Foy agreed. C/M Rohr asked if the City had proof that Florida Power & Light was responsible. Mr. Foy said there was no question in his mind that Florida Power & Light was responsible; however, the City signed a Hold Harmless Agreement with Florida Power & Light. He said the City repaired the area once and Florida Power & Light came back and placed their pipe over the City's piping. Mayor Abramowitz asked if Bedding Barn was asking Florida Power & Light for the money and Mr. Foy said the City was going after Florida Power & Light for the money. Mr. Foy said Bedding Barn was asking the City to reimburse them for the repair and Mayor Abramowitz asked why. Mr. Foy said the City required Bedding Barn to make the repair before their Warranty Bond would be released. C/M Rohr asked if the City wanted Florida Power & Light to pay the total cost of the repair and.Mr. Foy said he felt that Florida Power & Light was responsible for the entire amount; however, he informed Florida Power & Light that he did not make the final decision. C/M Rohr suggested that the City Council request the City Attorney to investigate this matter and sue Florida Power & Light for the amount of the repair. C/M Stelzer said the Agenda pertained to returning payment to Bedding Barn only. Mayor Abramowitz said he did not agree with C/M Rohr's suggestion; however, he did not want to approve payment to Bedding Barn. C/M Hoffman said if the repair was Florida Power & Light's responsibility, they should pay Bedding Barn. Page 9 8/23/89 Mr. Foy said the City forced Bedding Barn to pay for the repairs by holding their Performance and warranty Bonds. He said the City discovered that the problem was with Florida Power & Light after Bedding Barn expended the costs for the repairs. Mayor Abramowitz said if the Engineering Department would not have held the Warranty Bond until the repairs were made, they would not have been doing their duties. He said Mr. Foy's job was not to mediate between a developer and the City. He said Mr. Foy's duties were to determine if the work was done according to specifications. He said Mr. Foy made a determination that the City would not accept the matter until it was repaired. Mr. Foy said if he would have recognized that the repair was at the exact spot where the City previously made the repair, he would have investigated the matter further to determine who was at fault. He said this was not done. Mayor Abramowitz asked why Mr. Foy determined it was Florida Power & Light's responsibility. Mr. Foy said the City repaired the sewer line and Florida Power & Light placed a pipe across the City's pipe. He said the City's pipe settled and Florida Power & Light's pipe came down with it. He said he felt that Florida Power & Light's pipe pushed the City's pipe down because there was no separation between them. Mayor Abramowitz said he did not want to pay someone and then sue Florida Power & Light for the money. He said he who holds the money is the person who laughed last. He said he would not object to giving Bedding Barn the money if Mr. Foy stated that it was the City's fault. City Manager Kelly said the City made the mistake because they arbitrarily assigned responsibility to Bedding Barn to make the repairs when it was not their responsibility. He said the City found that the matter was between the City and Florida Power & Light and was presently negotiating with them; therefore, Bedding Barn should not be involved with this matter and restitution should be made. Mayor Abramowitz said he did not agree with City Manager Kelly. C/M Rohr said he agreed with City Manager Kelly because it was hard for an independent business to fight the situation as it was presented. He said Bedding Barn was told to make a repair and it was not right for the City to take advantage of their strength over an individual. He said the City was incorrect in placing the responsibility; therefore, Bedding Barn should be reimbursed by the City for the repairs. Mr. Foy agreed. C/M Hoffman said he was disturbed that two important Administrators of the City would agree that the matter was the City's fault while still placing blame on the City. He said it was the responsibility of the Administrative staff to take the City's position and save the City money. He said he resented the City Manager and Engineering Director fighting with the City Council to expend money when it was not the City's fault. Page 10 8/23/89 Mayor Abramowitz said he respected staff for stating their feelings; however, he did not agree with them. He said he did not approve of the City giving money back to Bedding Barn because Florida Power & Light should be responsible for reimbursing them. Mayor Abramowitz asked what the City would do if Florida Power & Light did not pay the City back after the City repaid Bedding Barn. Mr. Foy said the City could sue Florida Power & Light and Mayor Abramowitz said the City should not be forced to pay the expense. Mayor Abramowitz said he was not saying Bedding Barn was not entitled to a reimbursement. He suggested that Mr. Foy remove himself from the negotiations with Florida Power & Light and turn it over to the City Attorney. V/M Bender said he investigated several documents and found that Florida Power & Light has been derelict in payments to the City. He said Florida Power & Light owed the City money and has for a very long time. He said it was another situation where the City made repairs caused by Florida Power & Light. He said the City back charged Florida Power & Light; however, no funds were collected. He suggested that Mr. Foy investigate past projects in which Florida Power & Light owed the City money. He said he would submit this information to Mr. Foy. Mayor Abramowitz said there was an injustice done and Bedding Barn was entitled to the money. He suggested that the negotiations with Florida Power & Light be expedited and Bedding Barn be asked to be patient. C/M Stelzer said the City forced Bedding Barn to pay for He said the repairs and found that this was not proper. Bedding Barn had nothing to do with Florida Power & Light; therefore, the City should reimburse Bedding Barn for the cost. He said the City and Florida Power & Light should settle this matter between themselves without involving Bedding Barn. C/M Hoffman asked if it would have been proper to not give Bedding Barn their permits until after they negotiated the matter with Florida Power & Light. C/M Rohr suggested that this matter be Tabled and the City Attorney be asked to investigate the matter and Report to the City Council at the next'City Council meeting. * C/M Rohr MOVED to TABLE this Item, SECONDED by C/M Hoffman. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay has been Mayor Abramowitz asked how long this matter occurring and Mr. Foy replied, since late 1986. Mayor Abramowitz asked the City Manager to see that something was done about this matter. He said Mr. Foy was a very good negotiator; however, the legal Department Page 11 8/23/89 should have been involved. He said he wanted Bedding Barn to get their money back and the City not unfairly taxed. 6. a. MOTION TO ACCEPT the work performed by the Turbitrol Division of the Taulman Company on TUW Project 85-19T, Telemetry System. b. MOTION TO ACCEPT the Final Release of Lien as submitted by the Turbitrol Division of the Taulman Company on TUW Project 85-19T, Telemetry System. c. MOTION TO ACCEPT final payment in the amount of $21,416.20 to the Turbitrol Division of the Taulman Company for TUW Project 85-19T, Telemetry System. SYNOPSIS OF ACTION: APPROVED a., b. and c. * a. C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender. Bob Foy, Director of Utilities/Engineering, said the equipment was completely installed over 1 year ago. He said the final payment was not submitted and he recommended approval of the acceptance of the equipment. Mayor Abramowitz asked how much the final payment would be and Mr. Foy said the final payment would be $21,000.00; however, the entire Contract cost was approximately $400,000.00. Mayor Abramowitz asked where the funds were coming from and Mr. Foy said from the Bond Issue Account. Mayor Abramowitz asked if the work was done 1 year ago and no one asked for the money and Mr. Foy replied, yes. VOTE: ALL VOTED AYE Mayor Abramowitz asked why the final payment was being paid and Mr. Foy said the Engineering Department found that this payment was due. He said the Company was entitled to the money and the City's books had to be closed. * b. C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. Mr. Foy said this request was for a Release of Lien on the equipment. VOTE: ALL VOTED AYE * C. C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. C/M Rohr asked if Mr. Foy was positive that the City owed this money and Mr. Foy replied, absolutely. V/M Bender asked if there were written documents on the payment and Mr. Foy replied, yes. VOTE: Page 12 ALL VOTED AYE 8/23/89 Public Works Department 7. MOTION TO APPROVE the transfer of $1,340.00 from Recreational Activities Account 001-550-572--481 to Special Supplies Services Account 001-872-519-306 to provide funding for temporary monitor wells and Broward Testing Lab environmental audit for the Public Works property sale. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mike Couzzo, Director of Public Works/Parks and Recreation, said this request was for final payment on the Building. He said this was a Finance/Accounting matter. Ken Burroughs, Finance Director, said a transfer from one Department to another was not allowed without the City Council approval. V/M Bender asked if the moneys in the Fund were set aside for this use and Mr. Couzzo said the reason the transfer was being made from the Recreational. Account was because it was the only Budget in the Public Works/Parks and Recreation Accounts that contained enough money for the expenditure. Mayor Abramowitz said it was decided that the money from the sale of Public Works property was not to be used until the sale was complete. He asked if the money received from the sale of the Public Works property was being used and Mr. Couzzo replied, no. C/M Stelzer asked why the money was being transferred from the Recreational Activities Account. He asked why the funds were not being taken from the Contingency Account and Mr. Burroughs said this could have been done. Mr. Burroughs said the transfer request was submitted like this and, because the funds were being transferred from one Department to the other, he required the request to be brought before the City Council for approval. C/M Stelzer said the funds should have been taken from the Contingency Funds as opposed to the Recreational Activities Account. Mayor Abramowitz asked if the City Council could make a Motion to take the funds from the Contingency Account and Attorney Ruf said there was nothing prohibiting the City Council from taking the funds from a different Account. C/M Stelzer suggested that the funds be taken from the Contingency Account as opposed to the Recreational Activities Account. Mayor Abramowitz suggested that the matter be approved at this time with transfer of the funds from the Contingency Account back to the Recreational Activities Account at the next City Council meeting. C/M Stelzer suggested that the Item be approved at this time; however, at the next City Council meeting, the Page 13 8/23/89 funds would be transferred from the Contingency Fund to the Recreational Activities Fund to reimburse the account. VOTE: ALL VOTED AYE 8. MOTION TO APPROVE the transfer of $4,155.00 from the Public Works Special Supplies/Services Account 001-A79-519-306 to Special Supplies Services Account 001-872-519--306 to correct the account numbers on budget transfer approved by Council on 5/24/89. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Ken Burroughs, Finance Director, said this was a housekeeping item and he recommended approval. VOTE: RESOLUTIONS City Attorney ALL VOTED AYE 9. MOTION TO ADOPT Temp. Reso. #5521 authorizing the assignment of Recreation Lease and Declaration of Restrictions to MAINLANDS FIVE, INC. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-220 - PASSED Attorney Ruf read Temp. Reso. #5521 by title. V/M Bender MOVED to APPROVE Temp. Reso. #5521, SECONDED by C/M Hoffman. Attorney Ruf said when the developers were running the City, there were assignments which were the developers' responsibility. He said when the City was asked by Homeowners Associations to reassign the obligations to them, the City did this routinely. He said this allowed the Homeowners Associations to enforce the Lien provisions in their Homeowners documents. Mayor Abramowitz congratulated the President of Mainlands Five, Inc., in getting this done and he hoped that the residents appreciated it. C/M Stelzer said the City had an investigation 2 years ago because Mainlands Five, Inc., would be held in default until 2018. He said the golf course and recreation area were to belong to the City. He said both sides dropped the actions; however, the Declaration of Restrictions was being returned to Mainlands Five, Inc. He said he tried to get the golf course for the City; however, the matter was so complicated, it was dropped. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr -- Absent C/M Stelzer - Aye 1 1 Page 14 8/23/89 Community Development 10. a. MOTION TO ADOPT Temp. Reso. #5518 approving a plat for the TAMARAC MULTI -PURPOSE CENTER. b. MOTION TO ADOPT Temp. Reso. #5519 approving a site planfor the TAMARAC MULTI -PURPOSE CENTER. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-221 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-222 - PASSED a. Attorney Ruf read Temp. Reso. #5518 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5518, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this was the final. site plan and plat for the Tamarac Multi -Purpose Center. She said the Tamarac Land Use Plan designated the lands as recreation/open space and community facilities. She said all of the parcels were zoned S-1 (Open Space/Recreational). She said the Site Plan Review Committee recommended approval of this Item and the impact fees were waived for Government buildings. She said the surrounding Land Use and Zoning were as follows: North - Public Buildings South - Open Space East - Commercial West - Low Medium 10/Residential. Mrs. Carpenter -Craft said the Planning Commission reviewed the final site and plat on August 16, 1989 and recommended approval. She said all of the criteria in Chapters 7 and 24 were met and she recommended approval. Mayor Abramowitz congratulated Mike Couzzo, Director of Public Works/Parks and Recreation and the Community Development Department regarding their negotiations with the School Board on this project. TAPE 3 VOTE: ALL VOTED AYE b) Attorney Ruf read Temp. Reso. #5519 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5519, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT TemR.. Reso. #5522 concerning a request by CHINA JEWEL RESTAURANT to permit two garbage pick-ups per week instead of six garbage pick-ups per week (pick-up each day the restaurant is open) as required by Code Section 11-2. SYNOPSIS OF ACTION: TABLED for further information. Attorney Ruf read Temp. Reso. #5522 by title. . * V/M Bender MOVED to APPROVE Temp. Reso. #5522, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this request was from the China Jewel Restaurant. She said the Code Page 15 8/23/89 provided that if the City Council determined that there was a hardship, they may waive the six day per week pick-up for garbage. Mrs. Carpenter -Craft said the applicant supplied a copy of their sales tax returns for the last two months. She said the gross sales were approximately $10,000.00 generating taxes of approximately $600.00. She said without criteria in the Code regarding hardships, it was difficult for her to recommend that the garbage pick-up days be reduced to two days per week. Mrs. Carpenter -Craft said Tamarac was the only City in this part of the County that required a six day pick-up. She said the City of Coral Springs required a two day pick-up and the Cities of North Lauderdale, Lauderhill and Sunrise had complex formulas for garbage pick-up. Mrs. Carpenter -Craft said the garbage was presently being picked up two days a week because the China Jewel Restaurant could not afford to pay the garbage company. She said the owner of the Plaza paid for two pick-ups per week and she recommended that, because of the absence of criteria for determining when the payments should begin in the future, the City Council direct staff to identify appropriate changes in the Code which would include criteria and an examination of whether or not a six day pick-up was needed in the City. Mayor Abramowitz asked the Petitioner to address the City Council. The Petitioner said when the business first came to Fort Lauderdale, she found that Tamarac would be a good City. She said recently, the employees could not receive wanes because of the robberies. She said there were several occurrences causing her to lose customers. The Petitioner suggested that the owner of the Plaza provide another dumpster to the Plaza. She said her restaurant should be able to have their own dumpster because the surrounding businesses were consistently filling up the dumpster. C/M Rohr asked if there would be a savings to the business if there was a pick --up twice a week as opposed to six days per week. Mrs. Carpenter -Craft said she did not know what the value of the additional 4 pick --up days would be. She said Southern Sanitation indicated that the restaurant was not paying for the remaining 4 days. She said the Petitioner indicated that the cost would be $335.00 per month. V/M Bender suggested that the City Council place a limitation on this Resolution for one year until the criteria in the Code was amended and Mrs. Carpenter -Craft said the only problem is that the business may become busy during the season and need a six day pick-up. V/M Bender said a Stipulation could be placed in the Resolution indicating that, if the business increased, the six day pick-up would be required. Page 16 8/23/89 C/M Hoffman asked when the Petitioner would need additional garbage pick-ups and Mrs. Carpenter -Craft said the criteria in the City of Lauderhill required a specific number of garbage pick --ups for how long the business was opened. C/M Hoffman said he did not like garbage piling up for one week; however, he did not like the idea of a small business person being put out of business when the City Council may be able to give relief. He said he would like further information about how much garbage was generated and when the Petitioner would be able to resume the normal six day pick-up. Mayor Abramowitz said he did not want to see a small business having financial problems because of City requirements; however, based on the criteria and hardship submitted to the City Council, any business entering the City could claim this same hardship. He said the City Council was the Legislative Body of the City of Tamarac and not China Jewel. He said the number one concern of the residents was garbage and odor of a restaurant. Mayor Abramowitz asked if China Jewel presently paid the garbage fees and Mrs. Carpenter -Craft said the owner of the Plaza paid for two pick-ups per week. Mrs. Carpenter -Craft said the restaurant was required as part of the special exception to produce a garbage contract for pick-up for the remaining 4 days. She said the Occupational License Supervisor indicated that the garbage company stated that the restaurant did not contract for pick-up for those 4 days. Mayor Abramowitz asked how many days the garbage was being picked up if there was one dumpster for all of the tenants. Mrs. Carpenter --Craft said the garbage was being picked up on two days because there was only one restaurant in the area. Mayor Abramowitz said he would do anything to assist the businesses; however, he did not want to open a pandora's box. He said he would like more information regarding this matter. C/M Stelzer had concerns with this business being penalized because of a requirement that the City had for restaurants having a six day garbage pick-up. - C/M Rohr asked how the City determined if restaurants were honoring their contracts for a six day garbage pick-up and Mrs. Carpenter -Craft said there were two ways to find out. Mrs. Carpenter -Craft said it was either by complaint or by a periodic sweep of the restaurants. C/M Rohr said he did not feel that it was necessary for China Jewel Restaurant to have a six day pick-up because the business was not great; however, if the business increased, the matter should be considered. * C/M Hoffman MOVED to TABLE this Item until further information * was submitted, SECONDED by V/M Bender. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Nay C/M Stelzer - Nay Page 17 8/23/89 C/M Hoffman said he would like to know how much garbage was generated and at what point it would be necessary to have more pick-up. He asked that this information be submitted to the City Council. Engineering/Utilities 12. MOTION TO ADOPT Temp. Reso. #5520 authorizing the appro- priate City ofTi a s to execute an agreement with Drew Chemical Corporation for the sole source purchase of Drew - Floc III as a coagulant aid in the water treatment plant purification process for Fiscal Year 1989/90. SYNOPSIS OF ACTION: RESOLUTION NO. R--89-223 - PASSED APPROVED. Attorney Ruf read Temp. Reso. #5520 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5520, SECONDED by * C/19 Rohr. Bob Foy, Director of Utilities/Engineering, said the request was authorization for a sole source purchase. He said the City could get a generic brand with a different composition; however, numerous chemicals were tried and the chemicals from Drew Chemical Corporation were the best. C/M Hoffman asked if the coagulant aid was for the blood and Mr. Foy said this was for water treatment. He said lime was injected into the raw water and coagulant was placed in the water to combine the chemicals. C/M Hoffman asked if the chemicals affected the human body and Mr. Foy replied, no. Mayor Abramowitz asked if Mr. Foy tried other chemicals and Mr. Foy replied, yes. Mayor Abramowitz asked if Mr. Foy felt that the cost was appropriate and Mr. Foy replied, yes. Mayor Abramowitz asked that the quality and cost be reviewed carefully and Mr. Foy said the Contract would be for one year. RIM aDE ALL VOTED AYE 13. MOTION TO ADOPT Temp. Reso. #5525 authorizing the appro- priate City officials to execute an agreement with Schlumberger Industries, Inc., in the amount of $5,750.00, to furnish one (1) 8-inch fire flow service meter and all appurtenances for TUW Project 89-17, Treehouse/Quail Oaks 8-inch Fire Flow Meter. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-224 - PASSED Attorney Ruf read Temp. Reso. #5525 by title. * V/M Bender MOVED to APPROVE Temp Reso. #5525, SECONDED by * C/M Hoffman. Bob Foy, Director of utilities/Engineering, said the City Council recently approved the rejection of the Bids for this equipment and authorized negotiations. He said the agreement was made in the amount of $5,750.00 and he recommended approval. He said the meter was needed to provide the required fire flow for Quail Oaks. VOTE: ALL VOTED AYE Page 18 1 8/23/89 Public Works Department 14. MOTION TO ADOPT Temp. Reso. #5517 establishing fees for youth recrea iona1 activities for Fiscal Year 1989/90. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-225 - PASSED APPROVED as amended. Attorney Ruf read Tem. Reso. #5517 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5517, SECONDED by * V/M Bender. C/M Hoffman said he received a schedule from Mike Couzzo, Director of Public Works/Parks and Recreation, for increases in all phases of the Recreation programs. He said he has not had enough time to investigate all of the Items; however, there were two of immediate importance, one being the After School Program and the other being the Kids Day Off Program. He said enrollment was presently taking place for these programs. C/M Hoffman said the other Programs should be Tabled until the matter was reviewed further to see how they compared with the surrounding Cities. He recommended that Items 1 and 2 of the Resolution be approved and the fees would be as follows: After School Program - Residents - $21.00 per child (Monday to Friday) - Non -Residents - $26.50 per child 2:30 P.M. to 6:00 P.M. (Approximately 120 children) Kids Day Off - Residents - $14.00 per child per day 9:00 A.M. to 5:00 P.M.- Non -Residents - $26.00 per child (Approximately 60 children) per day Mayor Abramowitz said he agreed with C/M Hoffman and C/M Hoffman asked if Mr. Couzzo approved of his recommendation. Mr. Couzzo said he approved C/M Hoffman's recommendation because the After School Program and Kids Day Off Program had to be enacted immediately. Mayor Abramowitz said he received several comments regarding the quality of the Summer Program. He said he was assisting in serving food and a parent informed him that the Summer Program was great. He said this parent lived in the City of Parkland. Mayor Abramowitz said the residents were taken into the Programs first and the purpose for the increase in fees was to provide the appropriate Programs. He said there were approximately 260 children in the Summer Program; whereas, the City of Coral Springs only had 100 children. Mayor Abramowitz said the Principal of the Tamarac Elementary School asked the City to assist him in providing scholastic/remedial services to the children. He said the School had the children from 8:00 A.M. to 12:00 P.M. and the City took the Children until 5:00 P.M. He congratulated the Parks and Recreation Department for providing a Program of this type. He said the School Page 19 8/23/89 Board was very pleased with this Program because it was never done in Broward County. He said the School Board was now considering this with other Cities. Mayor Abramowitz asked Mr. Couzzo to convey to his staff that the City Council was very pleased with their success in the Summer Program. * V/M Bender MOVED to APPROVE Temp Reso. #5517, as amended, * SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT General Administrative 19. MOTION TO APPROVE Change Order #2 in the amount of $7,410.42, decreasing the Contract sum since 16 channel units are no longer necessary due to the elimination of the Police Department, and have been replaced by 6 channel units; and Change Order #3 in the amount of $3,697.23, increasing the Contract sum to pay for a spare telemetry remote terminal unit (RTU) and a RTU Programming kit for the Utilities Depart- ment. These Change Orders are for the Tamarac Municipal Complex/Police Facility electronic communications system. SYNOPSIS OF ACTION: AGENDIZED by Consent on Page 1. APPROVED. City Manager Kelly said there were two Change Orders for this Item. He said Change Order #2 was a decrease in the amount of $7,410.42 because the City would be using 6 channel units as opposed to 16. He said Change Order #3 was an increase in the amount of $3,697.23 for a spare telemetry remote terminal unit for the Utilities Department. He said RTU programming would be provided by Motorola and he recommended approval. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: OPEN PUBLIC FORUM 15. OPEN PUBLIC FORUM ALL VOTED AYE Melanie Reynolds, Resident of Sands Point, asked where the Redistricting Report was and V/M Bender said the Report what not due until September, 1989. Mrs. Reynolds said there were several people who would be running for the March, 1990 Election and they were not aware of the District changes. She said the Report was to be submitted within 180 days. C/M Hoffman asked if the City Clerk received a Report from the Redistricting Committee and Carol Evans, City Clerk, replied, no. C/M Hoffman suggested that the City Clerk contact the Chairperson of the Redistricting Committee to see when this Report would be issued. Page 20 W 8/23/89 TAPE 4 Mrs. Reynolds asked if FAU/FIU was assisting with the Interim Fees Report and City Manager Kelly replied, yes. Mrs. Reynolds said a preliminary Report was required within 150 days; however, it has been longer than 150 days. City Manager Kelly said the Report was due in September, 1989; however, the Report has been delayed. Mrs. Reynolds asked if legal research was done for the City of Oakland Park Interim Fees and City Manager Kelly replied, yes. Mrs. Reynolds asked if this action was unconstitutional and City Manager Kelly replied, yes. Mrs. Reynolds asked if the City Council checked with any other City besides Oakland Park regarding Interim and Service Fees. City Manager Kelly said the City was taking the appropriate action in determining what was best for the City of Tamarac. Mayor Abramowitz said the City Attorney was assisting with this matter and he has reviewed several Cities. He said the City was not relying on the pattern of the City of Oakland Park Interim Fees. Mrs. Reynolds said the City Clerk was keeping a daily log of the people who came to their Department for information. She suggested that the Code Enforcement and Occupational License Departments also keep logs. City Manager Kelly suggested that Mrs. Reynolds submit a suggested format for these Departments. Mrs. Reynolds said the City closed on the sale of the Public Works property and she asked what would be done with the funds. City Manager Kelly said a determination was not made on the use of the money because there were several factors to be considered, such as the relocation of the Public Works Department from the property and the environmental concerns. City Manager Kelly said until the sale of the property was completed, the funds would remain in a City Account. Mayor Abramowitz said he would not approve of the funds being used for anything in the City until the City knew when the sale was complete. Mrs. Reynolds asked why there was no franchise agreement available in the City for Cable Television and C/M Hoffman said the City had no control over the rates because the Congress took it out of the domain of the local Governments. C/M Hoffman suggested Mrs. Reynolds pursue this matter further with Congress if she needed more information. Attorney Ruf said he worked with several Municipalities and the rate structure could not be controlled by the Cities. He said the rates increased approximately 30% since the deregulation. He said the Congress was reviewing this matter again. Page 21 8/23/89 C/M Hoffman said the Cable Companies were trying to raise their rates as high as possible because they felt that Congress would control them again. Mrs. Reynolds said only the Legislative Body could abolish a Department; therefore, only the Legislative Body could create a Department. She said it was not appropriate for the Code Enforcement Department to be setup without the City Council's approval. Mayor Abramowitz said he was very pleased to see the change in Code Enforcement. Deloris Masnena, Resident of Village of Woodland Lakes, asked if there has been any follow --up on the drainage problem in the area. City Manager Kelly said there has been no progress on this matter and Mrs. Masnena said the community could not wait another year to resolve the problem. Mayor Abramowitz suggested that the City Manager contact the County again to get this matter resolved and, if the County refused to assist the City and Community, the matter should be handled politically. Mrs. Masnena asked if the foliage would be replaced in the area since it was destroyed because of development. Mayor Abramowitz said the foliage was replaced and Mrs. Masnena said the foliage was replaced in certain areas; however, the entire area was not corrected. Mayor Abramowitz asked Mrs. Masnena to write to the City Council addressing her concerns and he would see that the appropriate Department received the information. Anthony Grimaldi, Resident of Sunflower/Heathgate, had concerns with the actions of the City Council regarding Item 5, Bedding Barn. He said he was disturbed that the City Council did not support the City Manager's Report. He said it was unfair of the City Council to reject the City Manager's position. He said Bedding Barn was instructed by the City's Engineer to make a repair that was not their fault; however, the City did not want to reimburse Bedding Barn. He said if the City was responsible for an error they should correct it. Mr. Grimaldi asked C/M Hoffman how many police patrols were presently being provided by the Broward Sheriff's Office. C/M Hoffman asked why Mr. Grimaldi asked this question and Mr. Grimaldi said the City Councilmembers should have this information. Mayor Abramowitz asked Mr. Grimaldi to ask him and refer to a date. Mr. Grimaldi suggested that the residents be given a comprehensive Report regarding the Broward Sheriff's office each month, such as criminal problems and traffic violations each month. He said the residents were buying the service and were entitled to a Report. Mayor Abramowitz said he had the information available at this time. He asked Mr. Grimaldi what he wanted to know. Cl I 1 Page 22 8/23/89 11 C/M Rohr said Mr. Grimaldi should not expect written information to be given by the City Council on any Department. He said the City Clerk's Office filed every Report and, if the residents wanted the information, they should visit the City Clerk's Office. He said if the City Clerk's Office did not have the information, then the residents could make a request to the City Council. REPORTS 15. City Council C/M Stelzer -- No Report. C/M Rohr reported that he and the City Manager would be reviewing a plan for a recycling program for the City. He said the paper costs dropped in price and the original proposal from Waste Management, Inc., was good until the paper costs dropped. He said the City would have to consider having their own recycling program. C/M Hoffman - No Report. V/M Bender - No Report. Mayor Abramowitz - No Report. 17. CITY MANAGER REPORT - No Report. 18. CITY ATTORNEY REPORT - No Report. With no further business, Ma meeting at 12:40 P.M. A r Abramowitz ADJOURNED this ABRAMOWITZ, MAYOR CAR L A. E ANS, CITY CLERK "This public document was promulgated at a cost of $175._90--or=.$21.88 per COPY to inform the general public, public officers and eh-plcye-es of recent opinions and considerations of the City Council of -the City of Tamarac." Ci l.'Y �i. AKNOVED AT CRY vr£ik Page 23 h 1 1 ATTACHMENT 1 to Minutes of 8/23/89 Item 3 - Page 1 of 2 CITY OF TAMARAC INTEROFFICE MEMORANDUM C/A NO. 8908-8416 TO: Mayor Norman Abramowitz FROM: Alan F. Ruf, Esq. for R. L. Doody, City Attorn SUBJECT: COMARK LITIGATION DATE: August 17, 1989 In late October 1981, the City of Tamarac entered into four reverse repo agreements with Comark placing as security for these agreements GNMA (tinny Mae) certificates which at the time had a aggregate face value of $1,767,877.00. In December 1984 the reverse repo transactions were settled. However, TA arac did not request return of its securities until June ow- 1982. Subsequently, Comark was declared bankrupt and the bankruptcy judge has ruled that the bankruptcy was effective in December of 1981. Therefore, the Trustee in Bankruptcy is attempting to recover a settlement from the City on the basis that the reconveyance to the City was an "actionable prefer- ence". That is, Tamarac was given a preference when it received its securities while other "Creditors" did not receive such a preference. The trustee has also claimed that this transaction was a fraudulent transfer. However, through the efforts of special counsel, this claim will probably be dismissed. On March 4, 1986 a suit was filed against the City of Tamarac and a demand of twelve percent (12%) of the face value of the securities ($212,145.24) was made to settle the suit. On November 11, 1987, the City made an offer to settle in the amount of $30,000.00 which was rejected by the trustee on November 23, 1987. In December of 1987, the. law f i rm of Morgan, Lewis & Bockius was engaged by the City of Tamarac_ to review the lawsuit for a fee not to exceed $7,500.00; and in 1988 the City Council authorized a defense expenditure not to exceed $40,000.00 w ATTACHMENT 1 to Minutes of 8/23/89 Item 3 - Page 2 of 2 INTEROFFICE MEMORANDUM: 8908-8416 COMARK LITIGATION August 17, 1989 Page 2 Through 1988 there was a stay of the legal proceedings which was lifted by the court in February of 1989. During 1988 special counsel for the City continued to seek a reason- able settlement of the suit. In March of 1989 the City's responsive pleadings were -filed. In May the trustee offered to settle for $142,500. The City countered with an offer of $65,000.00 which was rejected on` July 12, 1989. The bankruptcy court has now ordered that all discovery be completed by October 15, 1989 in order that the court can hear this case in an expeditious manner. Of course, the result of the courts rulings require our special counsel to "gear up" for litigation. This will be expensive !!! I have had some discussions with special counsel regard- ing the possibility of\settling in the range of $100,000.00. I have also discussed with Sergio the possibility of making the payment over two or three years. Now is the time to make a decision to settle or to authorize further, expensive litigation. Both Sergio and I recommend settlement, but. I will await further discussion with you and the Council. AFR:beo