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.
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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.
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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.
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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
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08/23/89
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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
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PUBLIC HEARING
Thursday, September 14, 1989 - 7:00 P.M. City Council Chambers
at City Hall re Budget
for Fiscal Year 1989/90
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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.
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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