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HomeMy WebLinkAbout1983-10-12 - City Commission Regular Meeting Minutes/ Tq� cl, Z9p V /1 'c(ORIOP P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 12, 1983 CALL TO ORDER: 3:00 P.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Hadassah - Presentation of proclamations by Mayor Falck to Rayus - Tamarac, Bermuda Club - Herzl, Bat Ami - Tamarac, and Shoshana - Tamarac Chapters designating October, 1983, "Hadassah Month". (3:00 P.M.) 2. Burglar Alarm Committee - Presentation of Certificates of Appreciation by Mayor Falck to members of this committee. (3:00 P.M.) 3. Board of Social Services - Presentation of Certificates of Appreciation by Mayor Falck to volunteers on this board. (7:30 P.M.) 4. Parks and Recreation Department Award - Presentation of a plaque by Mayor Falck. (7:30 P.M.) 5. 10112 - Pg. 2 Proclamation presented. 1.0/12 - Pg. 3 Certificates presented. 10/12 - Pg. 13 Certificates presented. 1,0/12 - Pg. 13 Plaaue presented. B'nai B'rith - Presentation of a proclamation by Mayor Falck I10/12 - Pg. 13 designating October 13, 1983, as "B'nai B'rith Day" in Proclamation recognition of the organization's 140th anniversary-(7:30 P.M presented. 6. United Nations Da - Presentation of a proclamation by Mayor Falck designating October 24, 1983, as "United Nations Day". (7:30 P.M.) BOARD AND COMMITTEES 7. Investment Advisory Committee - Temp, Reso. #2862 - Dis- cussion and possible action to appoint two members to this committee (tabled from 9/28/83). CONSENT AGENDA RON a) 10/12 - Pg. 1.3 Proclamation presented. 10/12 - Pg. 3 TABLED to 10/26. Items listed under Item #8, Consent Agenda, are viewed to be 10/12 - Pg. 3 routine and the recommendation will be enacted by one motion a) through p) in the form listed below. There wi l l be no separate di s- APPROVED. cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Minutes of 9/13/83 (1:00 P.M.) - Budget Hearings - Approval recommended by City Clerk. PAGE TWO b) Minutes of 9/13/83 (7:00 P.M.) - Budget Hearings - Approval recommended by City Clerk. c) Concepts Research and Development, Inc. - Land Section 7 Land Use Analysis - 9/15/83 - $11,020.00 - Approval re- commended by City Manager. d) Richard S. Rubin - Consultant City Planner - Services in connection with Land Section 7 Report - September, 1983 - $225.82 - Approval recommended by City Manager. e) Richard S. Rubin - Consultant City Planner - Services for.. September, 1983 - $2,332.50 - Approval recommended by City Manager. f) Mitchell Ceasar - Grants Consultant - Retainer for September, 1983 - $1,250.00 - Approval recommended by City Manager. g) Alan F. Ruf - Consulting City Attorney - 10/6/83 - $2,376.00- Approval recommended by City Manager. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/14/83 - Project 1710-0, Statement 39 - $384.00 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/14/83 - Project 2028-0, Statement 1 - $350.75 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/15/83 - Project 1710-15, Statement 1 - $2,640.75 - Approval recommended by City Engineer. k) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/15/83 - Project 1724-0, Statement 25 - $477.79 - Approval recommended by City Engineer. 1) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/16/83 - Project 1710-13, Statement 5 - $3,285.75 - Approval recommended by Finance Director. m) Broward County League of Cities - Annual Dues for FY 1983/84- $1,586.00 - Approval recommended by City Manager. n) Dames & Moore - Seawall Design Criteria Consultation - 8/26/83 - $300.00 - Approval recommended by City Engineer (tabled from 9/28/83). o) Bid Authorization - Public Works Department - Approval to go to bid for a catch basin cleaner/high pressure jet rodder. p) Golfview Plaza - Tri-Party Agreement - Approval to remove this item from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 9. Jehovah's Witnesses - Discussion and possible action on a request to permit a missionary trailer one week on two separate occasions at the Kingdom Hall. 10. Broward League of Cities Business- Discussion and possible action. LEGAL AFFAIRS 0/12 - Pg. 4 PPROVP,D , with uilding permits. 10/12 - Pg. 4 Report by C/M Kravitz. 1 1 . Special Assessment for Southgate Gardens Condominiums and 10/12 - Pg. 1 _- _ Cardinal Industries Property - Discussion and possible action TABLED to next on the special assessment for construction of an 8-inch water regular meeting. line along Southgate Boulevard between NW 71 Avenue and University Drive. (Public Hearing held 9/14/83). PAGE THREE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -f PUBLIC HEARINGS - 4:00 P.M. 12. Utility Rates - Tamarac Utilities West - Tem . Reso. #2878 - Discussion and possible action to establish and modify "contribution -in -aid -of -construction" charges for those commercial and residential customers who have not yet paid for service from the City, and to consider a modification in deposits for some multi -family buildings and the addition of a schedule of commercial charges and deposits. 13. Federal. Revenue Sharing Funds - Temp. Ord. #1065 - Discussia and possible action to adopt the annual Federal Revenue Sharing Budget for the 15th Entitlement Period for Fiscal Year 1983/84. Second Reading, PUBLIC HEARING - 8:00 P.M. 14. Burglar Alarm Review Committee - Temp. Ord. #1053 - Dis- cussion and possible action to amend Section 14-69(8) of the Code pertaining to number of members on this committee. Second Reading. COMMUNITY DEVELOPMENT 15. 16. 17. 18. 19 10/12 - Pg. 8 APPROVED. LO/12 - Pg. 9 kPPROVED on Second & Final KeadinQ. 10/12 - Pg. 14 APPROVED, as amended, on Second & Final Reading. Three Lakes Plaza (Central. Plaza- Temp. Reso. #2879 - Dis- 10/12 - Pg. 5 cussion and possible action to release a cash bond and can- APPROVED. cellation of an Easement and Option Agreement concerning a sales trailer. 0/12 - 1g. 5 Versailles Gardens - Model Sales Facility - Discussion and AYPROVED for possible action to renew a model sales permit. 6 months. Edgewater Villaie - Sign Waivers - Discussion and possible action to grant an extension of waivers for the following signs: a) Directional sign on vacant lot east of Century Bank on 10/12 -Pg 5 a) and b) APPROVED. the north side of Commercial Boulevard - Temp. Res-o.#2880. b) Directional sign at the southwest corner of University Drive and NW 61 Street - Temp. Reso. #2881. University Medical P1 a_za - Bond. Release - Temp_ Reso. #2.8.82 - 10/12 - Pg. 6 Discussion and possible action to release a performance bond APPROVED. posted for installation of a median cut. Woodmont Tract 54 -- Bond Release - Temp. Reso. #2883 - Dis- 10/12 - Pg. 6 cussion and possible action to release a warranty bond posted TABLED for for public improvements. 30 days. 10/12 - Pg. 6 20. Woodmont Tracts 68/77 - Tem . Reso. #2885- - Discussion and APPROVED, with possible action concerning disposition of a warranty bond. conditions. 21. Woodmont Tract 58 (Cypress II) - Revised Site Plan - Temp. Reso. #2884 - Discussion and possible action to approve a revised site plan for a canvas -roofed and fenced -in patio area at the swimming pool. 22. Colon West Country Club - Discussion and possible action on barricades adjacent to the maintenance road and guardrail on McNab Road (tabled from 9/28/83). 23.. Drainage Improvements in the _City - Discussion and possible action. -- - y 10/12 - Pg. 5 APPROVED. 10/12 - Pg. 7 Colony club required to build guard- rail by_10/27. 10/12 - Pg. 18 Report by c/M Kravitz - all conditions satisfied. PAGE FOUR REPORTS 24. City Council 25. City Manager 26. City Attorney City Council may consider such other business as may come before it. Pursuant to Section 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 will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which, the appeal is based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk Following are the residential and commercial zoning districts in the City: 10/12 - Pg. 18 Reports given. 10/12 -- Pg. 19 No report. 10/12 - Pg. 20 Report given. R-1 - Single Family Residence B-2 - Planned Community Business R-lB & B-3 - General Business R-IC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - open Space/Recreational R-3U - Row House I-1 - Institutional R-3 - Low Density Multiple Dwelling M-1 -- Light Industrial RM-5 - Residential Multi -Family M-2 - Medium Industrial Dwelling A-1 - Limited Agricultural RM-10 - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business 27. Recreation Buildiniz at Tamarac Park - Discussion and possible action. `10/12 - Pg. 9 AUTHORIZATION tc 2$. Authorize City Attorne to Follow-U on all Delin uent Bur lar Alarm roceed ranter 10/12 - Pg. 9 Receivables - Discussion and possible action. AUTHORIZATION 29. Lightof Field #2 at Tamarac Park now in use b the Softball League - ;granted. 10/12 - Pg_ 10 Discussion and possible action. AUTHORIZATION fc :preparation of I 30. Request b Dr. Garfinkel for Refund of Fees - Discussion and possible package granted. �10/12 - Pg. 11 action. ,City Attorney tc 31. Policy Decision Re ardin Awards - Discussion and possible action. 'report to Coun_ci 10/12 - Pg. 11 32. Acceptance of Resignation of Mr. James Lew on the Parks and Recreation .No action taken. :10/12 - Pg. 18 Board. Resignation .vacanc I to : e fillf 2d at t ne.:t regul ar mtg F...I CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING October 12, 1983 Tape CALL TO ORDER: Mayor Walter Falck called the meeting to order on 1 Wednesday, October 12, 1983, at 3:00 P.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. LEGAL AFFAIRS 11. Special Assessment for Southgate Gardens Condominiums and Cardinal Industries Property - Discussion and possible action on the special assessment for construction of an 8-inch water line along Southgate Boulevard between NW 71 Avenue and University Drive. (Public Hearing held 9/14/83). SYNOPSIS OF ACTION: TABLED to the next regular meeting to allow the City Attorney time to prepare the necessary documents. V/M Massaro MOVED to TABLE this Item to the next regular meeting to give the City Attorney adequate time to prepare the necessary legal documents. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 27. Recreation Building at Tamarac Park - Discussion and possible action to move forward with plans for the construction of a Recreation Building at Tamarac Park. SYNOPSIS OF ACTION: Agendized by Consent. See Page V/M Massaro MOVED to Agendize by Consent discussion and possible action to move forward with plans for the construction of a Recreation Building at Tamarac Park, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 28 alarmrreceivablestorDeycuosionlandupoosible acto_n.uent burglar SYNOPSIS OF ACTION: Agendized by Consent. See Page 9 . V/M Massaro MOVED to Agendize by Consent discussion and possible action authorizing the City Attorney's office to follow up on all delinquent burglar alarm receivables, SECONDED by C/M Krantz. vnTF- ALL VOTED AYE 10/12/83 /pm 29. Lighting_of Field #2 at Tamarac Park now in use b League - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 10). the Softball V/M Massaro MOVED to Agendize by Consent discussion and possible action to light Field #2 at Tamarac Park now in use by the Softball League, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 20. Woodmont Tract 68/77 - Temp. Reso. #2885 - Discussion and possible action concerning disposition of a warranty bond. b) Withholding of escrow funds SYNOPSIS OF ACTION: b) Agendized by Consent. See Page 6). V/M Massaro MOVED to Agendize by Consent a b) portion to this Item, discussion and possible action regarding withholding escrow funds. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 30. Request by Dr. Garfinkel for refund of fees - Discussion and pos- sible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page ll . V/M Massaro MOVED to Agendize by Consent discussion and possible action responding to Dr. Garfinkel's request for refund of fees. SECONDED by C/M Krantz. VnTF- ALL VOTED AYE 31. Policy Decision Re ardin Awards - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page . V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning policy decision regarding awards, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck made a presentation of a Financial Reporting Achievement Award from the Municipal Finance Officers'Association to Steve Wood, Tamarac's Finance Director. The Mayor read this into the record and commended both Steve Wood and Laura Stuurmans for the best budget preparation he has ever seen. PRESENTATION AND AWARDS 1. Hadassah - Presentation of proclamations by Mayor Falck to Rayus - Tamarac, Bermuda Club - Herzl, Bat Ami - Tamarac, and Shoshana - Tamarac Chapters designating October, 1983, "Hadassah Month". SYNOPSIS OF ACTION: Mayor Falck presented proclamations to representatives of these Chapters.of Hadassah. Mayor Falck read the proclamation into the record and presented them to representatives of the respective Chapters of Hadassah. - 2 - 10/12/83 /pm L__] 2. Burglar Alarm Committee - Presentation of Certificates of Appreciation by Mayor Falck to members of this committee. SYNOPSIS OF ACTION: Mayor Falck and V/M Massaro presented certificates to Allan Bernstein, Sydney Brumberger, Irving Haymes and Carey Nadel. Mayor Falck commended V/M Massaro committee as well as those members tion were presented; namely, Allan Irving Haymes and Carey Nadel BOARDS AND COMMITTEES for her participation on this to whom certificates of apprecia- Bernstein, Sydney Brumberger, 7. Investment Advisory Committee - Temp. Reso. #2862 - Discussion and possible action to appoint two members to this committee. (tabled from 9/28/83). SYNOPSIS OF ACTION next regular meeti TABLED to the n9. Mayor Falck requested tabling this Item to the next meeting since he has not had time for complete review of the applications and C/M Krantz MOVED to TABLE this Item to the next regular meeting, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE CONSENT AGENDA 8. Consent Agenda - a Minutes of 9/13/83 (1:00 P.M.) - Budget Hearings - Approval recommended by City Clerk. b) Minutes of 9/13/83 (7:00 P.M.) - Budget Hearings - Approval recommended by City Clerk. c) Concepts Research and Development, Inc. - Land Section 7 Land Use Analysis - 9/15/83 - $11,020.00 - Approval recommended by City Manager. d) Richard S. Rubin - Consultant City Planner - Services in connection with Land Section 7 Report - September, 1983 - $225.82 - Approval recommended by City Manager. e) Richard S. Rubin - Consultant City Planner - Services for September, 1983 - $2,332.50 - Approval recommended by City Manager. f) Mitchell Ceasar - Grants Consultant - Retainer for September, 1983 - $1,250.00 - Approval recommended by City Manager. g) Alan F. Ruf - Consulting City Attorney - 10/6/83 - $2,376.00 - Approval recommended by City Manager. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/14/83 - Project 1710-0, Statement 39 - $384.00 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/14/83 - Project 2028-0, Statement 1 - $350.75 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/15/83 - Project 1710-15, Statement l - $2,640.75 - Approval recommended by City Engineer. k) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/15/83 - Project 1724-0, Statement 25 - $477.79 - Approval recommended by City Engineer. 1) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/16/83 - Project 1710-13, Statement 5 - $3,285.75 - Approval recommended by Finance Director. m) Broward County League of Cities - Annual Dues for FY 1983/84 $1,586.00 - Approval recommended by City Manager. - 3 - 10/12/83 /pm L C n) Dames & Moore - Seawall Design Criteria Consultation - 8/26/83 - $300.00 - Approval recommended by City Engineer (tabled from 9/28/,83). o) Bid Authorization - Public Works Department - Approval to go to bid for a catch basin cleaner/high pressure jet rodder. p) Golfview Plaza - T:ri-Party Agreement - Approval to remove this item from the agenda. SYNOPSIS OF ACTION: APPROVED Items a through p . C/M Kravitz MOVED APPROVAL of Items a) through p), SECONDED by V/M Massaro. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 9. Jehovah's Witnesses -- Discussion and possible action on a request to permit a missionary trailer one week on two separate occasions at the Kingdom Hall. SYNOPSIS OF ACTION: APPROVED with building permits to be issued for required hookups. The City Manager said Council was copied with a letter that she had received from Mr. Sawyer at the Kingdom Hall indicating that during one week in the month of November and another week in January they would ........................... e visited by district missionaries who -do have a recreation -type vehicle trailer that they would be using and would like to place behind their facility. She said they would be hooking up to the available electric and water supplies there. She said this is an unusual request and there is no objection from the Chief Building Official's point of view. V/M Massaro MOVED the APPROVAL of the two separate weeks that have been requested but suggested that building permits be issued for any required hookups. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 10. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: Report by C/M Kravitz. C/M Kravitz said the Convention starts on 10/13/83 through 10/16/83 and there will be discussion on Proposition #1. He said there will be no meeting during the month of October because of the Convention and there will be a full report given to Council after the Convention. Mayor Falck said he was asked to Chair a committee on Priorities for the Broward League. He said the Fire Service Committee is trying to work out an arrangement whereby the City and the County will have a closer relationship and eliminate some of the fire operations that are in the unincorporated area. He said the people in both the unincorp- orated area and the municipalities are paying for a service that is not being provided or could be better provided by a local fire house. Mayor Falck said there has been an effort to understand what the future water requirements will be in southeast Florida. The League has taken a very active part and a committee was established and he will be Chairing this to establish a priority list so that the Executive Director and the staff can be utilized to the fullest extent. He said he will keep Council informed. - 4 - 10/12/83 /pm r COMMUNITY DEVELOPMENT 21. Woodmont Tract 58 _(Cypress II) - Revised Site Plan - Temp. Reso.#2884 - Discussion and possible action to approve a revised site plan for a canvas -roofed and fenced -in patio area at the swimming pool. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-83-o2.47,,15 PASSED. Jon Henning read the Resolution by title and Richard Rubin said the application complies with City Code and staff recommends approval. V/M Massaro MOVED ADOPTION of Temp. Reso. #2884 approving the revised site plan since all fees on this project have been paid. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 15. Three Lakes Plaza (Central Plaza) - Temp. Reso. #2879 - Dis- cussion and possible action to release a cash bond and can- cellation of an Easement and Option Agreement concerning a sales trailer. SYNOPSIS OF ACTION: APPROVED releasing a cash bond of $2,000 to Ernest Sartori and cancellation of an Easement and Option Agreement concerning a sales trailer. RESOLUTION NO. R-83- & 7g PASSED. Jon Henning read the Resolution by title and V/M Massaro said she had asked the Chief Building Official to inspect the project and he has done so. She received a memo from him today stating that the septic tank has been removed, the telephone is disconnected, and the temporary electric is being utilized by the bank for their construction purposes and the paving, which is not completed, will be completed with the bank construction. V/M Massaro MOVED APPROVAL of Temp. Reso. #2879 and the cash bond of $2,000 shall be returned to Ernest Sartori. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 16. Versailles Gardens - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: APPROVED renewal for 6 months to expire on 4/22/84. V/M Massaro said the fees have been paid and she MOVED that the renewal permit be APPROVED and the date of expiration is for 6 months on 4/22/84. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 17. Edgewater Village - Sign Waivers - Discussion and possible action to grant an extension of waivers for the following signs: a) Directional sign on vacant lot east of Century Bank on the north side of Commercial Boulevard - Temp. Reso. #2880. b) Directional sign at the southwest corner of University Drive and NW 61 Street - Temp. Reso. #2881. SYNOPSIS OF ACTION: a) and b) RESOLUTION NO. R-83- PASSED. APPROVED. RESOLUTION NO. R-83- PASSED. a) Jon Henning read the Resolution by title and C/M Krantz MOVED APPROVAL of Temp. Reso. #2880, SECONDED by V/M Massaro. vnTF- ALL VOTED AYE - 5 - 10/12/83 /pm L b) Jon Henning read the Resolution by title and C/M Krantz MOVED APPROVAL of Temp. Reso. #2881 granting an extension of the waiver of the sign at the southwest corner of University Dr. and NW 61 Street. SECONDED by C/M Stelzer. VOTE: 18. University Medical Plaza Discussion and possible posted for installation SYNOPSIS OF ACTION: APPROVED releasing a bond in the amount of $8,724 for the median cut on University Dr. ALL VOTED AYE - Bond Release - Tem . Reso. #2882 - action to release a performance bond of a median cut. RESOLUTION NO. R-83- PASSED. Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL of the release of the performance bond in the amount of $8,724 for the median cut on University Dr., SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 19. Woodmont Tract 54 - Bond Release - Te_m�.Reso #2.8..8.3..__- Discussion ._.. .......... and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: TABLED for 30 days at the discretion of the City Attorney, providing the City receives a bond by 10/26/83. Jon Henning read the Resolution by title and V/M Massaro said this bond expires on 10/28/83 and the City has a letter from Mr. Epple of the Montwood Corp. stating that they have ordered the renewal of the extension on this bond for a 30 day period to allow them sufficient time to complete the punch list that has been given to them by the Engineering Department. She said the Resolution clearly indicates that if the remedial work is not completed on or before 10/25/83, and if a bond is not in hand by the meeting of 10/26/83, the bond shall be called. Mr. Henning suggested tabling this Resolution for a couple of meetings since they are already extending the bond. He advised the Assistant City Clerk that in about 2 meetings, Council may want to revise Temp. Reso. #2883 with different dates and consider the release of the bond. At the Mayor's request, the secretary noted that this Item will be included on the Pre Agenda meeting for the second meeting in November. C/M Kravitz MOVED to TABLE Temp. Reso. #2883 for 30 days at the dis- cretion of the City Attorney, providing the City receives a bond by 10/26/83. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 20. Woodmont Tracts 68/77 - Discussion and possible action on: a Disposition of a warranty bond - _T_em_V-_ Reso. #2885 b) Withholding of escrow funds r - _ S_YN_OPSIS OF ACT_.I.O-N -- RESOLUTION NO. _..R83=.. _ -PASS=-. a) APPROVED, if bond not in City's possession by 10/25/83, it will be called. b) Agendized by Consent.(See Page 2) APPROVED as conditioned. V/M Massaro said under the Cardinal Industries Agreement there are escrowed funds in the amount of $30,500 which are being held in the City Attorney's office. He said it was requested to be held by Mr. Ruf, Consultant City Attorney, and he has now given the three checks - 6 - 10/12/83 /pm r � � to Mr. Henning. V/M Massaro said one is for Cardinal Industries, one is for the City of Tamarac and one, in the amount of $8,493.98 is to Toll Development. She said she discussed this with the City Attorney because the Agreement itself reads that the checks will be held in the City Attorney's files to be delivered with the issuance of the first building permit that Cardinal Industries takes. She MOVED that since there has been a reluctance stated in writing by Toll Development to do the work required by the City, that any cash disbursements planned by the Escrow Agreement, which is dated 7/27/83, be withheld from Toll Development until the punch list on the project known as Tract 68/77 is satisfied. She said it is imperative that this bond be enforced because regardless of the fact that Toll Development had his contractors do the work, the City has the security of the Montwood Corp. who has bonded this work. She said the City has a protest letter from Toll Development about the work that has to be done. a)V/M Massaro said the City has a letter from Mr. Epple of Montwood Tape indicating that he has ordered the bond and she further MOVED that if 2 this bond is not received by the City by 10/25/83, it will be called. This MOTION APPROVES Temp. Reso.#2885, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED that any cash disbursements planned by the Escrow Agreement, dated 7/27/83, be withheld from T_o11 Development until ............ . the punch list on the project known as Woodmont Tract 68/77 is satis- fied and that all payments due are made. SECONDED by C/M Kravitz. V/M Massaro suggested the City Manager notify the Building Department of this. VOTE: ALL VOTED AYE 22. Colony West Country Club - Discussion and possible action on barricades adjacent to the maintenance road and guardrail on McNab Road (tabled from 9/28/83). SYNOPSIS OF ACTION: Colony West will be required to install a guardrail on McNab Rd. within 15 days by 10/27/83. _. Rosalind Combs of Colony West Country Club said that originally this was brought up because of the people of Concord Village who felt this was an unsafe road for them to enter their property because of the canal on the right side. Since then, a cement curb stop was installed to block entrance to Concord Village so that the residents of this development no longer take this road. She said they did install stakes with reflectors on them and she requested Council discontinue consider- ation of this Item. V/M Massaro said Council's greatest concern is not this area because this is a private road and is the residents' responsibility, however, their greatest concern is the area on McNab Rd. where a guardrail must be installed. She said this must be done without any further delay because of the danger involved. Ms. Combs said there is no problem if it is just a matter of installing the guardrail and they will start work within 10 days. V/M Massaro MOVED that the Colony West Country Club be required to install the guardrail on McNab Rd. within the period of 15 days, by 10/27/83. SECONDED by C/M Kravitz. Paul Katz, resident of Concord Village said there is no street light at this location and this is a safety problem because of the approach road being next to a canal. He requested consideration of a street light at this location and Mayor Falck asked the City Manager to study this further. VOTE: ALL VOTED AYE 7 - 10/12/83 /pm PUBLIC HEARINGS 12. Utility Rates - Tamarac Utilities West - Temp. Reso. #2878 - Discussion and possible action to establish and modify "contribution -in -aid -of -construction" charges for those commercial and residential customers who have not yet paid for service from the City, and to consider a modification in deposits for some multi -family buildings and the addition of a schedule of commercial charges and deposits. SYNOPSIS OF ACTION: APPROVED. The City Manager will check into the possibility of reducing certain deposits further. Public Hearing was RESOLUTION NO. R-83- '" PASSED. held. Jon Henning read the Resolution by title and Mayor Falck opened the public hearing. Irving Goldberg, resident of Concord Village said that recently his area received notice of an increase in their water deposit which fluctuated from $920 to $2,411 per building. They were notified that they had to equal the top deposit. Inquiring further, they found that they varied from $286 to $861 per building with the exception of theirs. He said since these are City -owned utilities, he felt all condos should have equal amounts of money on deposit regardless of when they were built. C/M Krantz said for the record that other condo utility deposits are: Concord Village $1,690 per building Lime Bay 330 " Bermuda Club 343 " Sands Point 762 " Laura Stuurmans said there has been a proposal to modify the multi- family deposit rate but that proposal is not the same as what Mr. Goldberg has spoken about before. It is less punitive than the system as it existed at the time when his Association was given the respon- sibility for the building and they picked up the deposit over what had previously been posted by the developer at the commercial rate. At the commercial rate, the developer had previously been required to post approximately $900. Under the old formula, Mr. uoldberg was being asked to post 2,411. She sai what staff -has proposed is maintaining a multi -family deposit formula the same as the existing commercial formula which equates to approximately one month usage for that building. The variance in the amounts of deposit is based upon historically when those condos came into the City and were required to place a deposit. Mr. Henning said if the meters were 2" or less than there is a schedule between $55 and $460. The City Manager said staff is proposing that those Associations that have placed a deposit since the enactment of Resolution #82-351 be adjusted to this new commercial rate. Mr. Henning said the amount of deposit depends on the size and number of meters. V/M Massaro said the City Manager will check into this further and C/M Kravitz said he would guarantee that after the new schedule is made, if Mr. Goldberg feels there is an inequity, the Council will make suggestions on adjustments that can be made. Mike Stein, resident of Concord Village suggested the deposits be reduced. Mayor Falck closed the public hearing and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2878, SECONDED by C/M Kravitz. and he said he would like this brought up again. VOTE: ALL VOTED AYE - 8 - 10/12/83 /pm L 13. Federal Revenue Sharing Funds - Temp. Ord. #1065 - Discussion and possible action to adopt the annual Federal Revenue Sharing Budget for the 15th Entitlement Period for Fiscal Year 1983/84. Second Readina. SYNOPSIS OF ACTION: Public Hearing was ORDINANCE NO. 0-83- 4P PASSED. held and this was APPROVED on second and final reading. Jon Henning read the Ordinance by title and Mayor Falck opened and closed the public hearing with no response. C/M Kravitz MOVED APPROVAL of Temp. --Ord. #1065 on second and final reading, SECONDED by C/M Krantz. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE 27. Recreation Building at Tamarac Park -- Discussion and possible action. � _.. _ �.�__.. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1). Mayor Falck and the City Manager were authorized to proceed with the development of concept plans to be presented by the first meeting in November. V/M Massaro said Mayor Falck has made some very fine suggestions concerning a recreation building at Tamarac Park that would best serve the young people and the residents have felt that this area would be the most appropriate location for this type of facility. She said this building would have nothing to do with the contemplated community center which will be located at the City Hall Complex site at some future date. She said she reviewed the site plan at Tamarac Park and there is adequate space to locate this type of building. She MOVED that Mayor Falck and the City Manager be authorized to proceed with the development of concept plans to be brought back for Council's consideration by the first meeting in November. SECONDED by C/M Krantz. C/M Stelzer suggested a Workshop Meeting be held to consider Sharon Ellis, Recreation Director's suggestion that this building be tied in with the school facility to form a combined recreation center. C/M Kravitz said it would seem proper to ask the committee to submit their suggestions. V/M Massaro said she would include in her MOTION that the Mayor discuss this with the School Board. Mayor Falck said there has been a committee established County -wide by the Broward County Board of Education called the Community Committee on School Use and he will contact the Chairman of the North Broward Advisory for the schools and request he appear at a Workshop session to inform the City of how their program might be tied in with the City. VOTE: ALL VOTED AYE LEGAL AFFAIRS 28. Authorize Cit Attorne to Follow -Up on all Delinquent Burglar Alarm Receivables - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1). The City Attorney's office was authorized to follow up on all outstanding burglar alrm receivables. V/M Massaro said she asked the Finance Department to prepare a list of the outstanding receivables as they relate to the Burglar Alarm Ordinance. She said this list amounts to a total of $8,650 delinquent fees and there are a number of these false alarm penalties which have not been paid in a long span of time. She MOVED to authorize the City - 9 - 10/12/83 /pm 61 Attorney's office to follow up on all outstanding Burglar Alarm receivables through the judicial process,if necessary,and to reach Tape a definite conclusion. C/M Kravitz asked the City Attorney if it 3 would not be normal procedure for his office to take steps to collect monies owed to the City and Mr. Henning said he would feel more comfortable with Council action on this. C/M Kravitz asked why this does not refer to all fines and not just Burglar Alarm fines. Mr. Henning said the only other fines would be parking tickets. V/M Massaro said Council has in the past instructed the City Attorney to move forward and proceed through the judicial process,if necessary, and she felt he should be authorized so that he can do whatever he needs to do so that he can move forward. C/M Kravitz asked if there is any provision for adding interest for the unpaid fine amount and Mr. Henning said he does not believe so. C/M Kravitz expressed concern that the legal expenses may exceed the amount of fees due. Sydney Stein, Charter Board Chairman, said he would suggest the Ordinance be studied to determine if it has the method of collecting the penalties, what the penalties will be, whether they are subject to lien, etc. The Vice Mayor's MOTION was SECONDED by C/M Krantz. VOTE: COMMUNITY DEVELOPMENT ALL, VOTED AYE 29. Lighting of Field #2 at Tamarac Park now in u_s_eby the Softball League - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1). The City Manager was authorized to prepare a bid package for Field #2. V/M Massaro said she has received several requests for lighting of Field #2 at Tamarac Park and she MOVED to authorize the City Manager to administratively prepare the bid package to light Field #2 at Tamarac Park now in use by the Softball League and present same to Council for consideration at the next regular Council meeting, at which time, hopefully, Council will be in a position to authorize her to go to bid. She said if Council does approve this,Maxwell Ingram, a resident of Lime Bay, has offered to do the engineering for the bid package without cost. C/M Kravitz SECONDED the MOTION and said he would suggest that this Item be tabled until all of the suggestions from the Parks and Recreation Committee have been reviewed. The City Manager said she attended the Parks and Recreation meeting on 10/10/83 and Sharon Ellis had spoken about lighting this new field area. She said one of the main reasons she attended this meeting was to listen to two ideas; one that some of the athletic groups desired new fields while other members felt that lighting Tamarac Park was a priority. She said what the Vice Mayor has proposed today was different than she was going to propose. She said there has been a proposal from the Recreation Director of Wilton Manors who is a specialist in lighting and although he is not offering his services free, he has done this type of work for the cities of Hollywood and Pompano Beach and would be willing to do the work for the City of Tamarac. She said the cost of preparing the bid specs to following it through to the award stage would be $1,990. She said between now and the next regular meeting, staff will be prepared to present Council with proposals. C/M Stelzer asked if the Recreation Director's comments were considered in the Recreation Board's suggestions and C/M Kravitz said she is part of the Board and her input is given at each meeting. VOTE: ALL VOTED AYE - 10 - 1 0/1 2/83 /pm 30. Request by Dr. Garfinkel for Refund of Fees - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 2). The City Attorney is to meet with the City Planner to review the refunding of certain monies to Dr. Garfinkel and send Council a memo on this. V/M Massaro said this afternoon she received a letter from Dr. Garfinkel regarding the fees he has paid which he calls impact fees but are not. However, he does have approximately $1,000 which he has overpaid which was mentioned when Council approved his site plan. It was determined at that time that the money owed would be applied to what he would have to pay when permits were taken. She said the City Attorney, together with the City Planner should review this and give a memo to the -Council on the status. Jon Henning said he has already spoken to Dr. Garfinkel on this and has forwarded some information to the City Planner's office to help assess if there were any refunds which were appropriate. He said Dr. Garfinkel is a Chiropractor who was going to build an office building but has decided not to, the property is being sold and he is requesting whatever money he has paid in the development of this be refunded. Mr. Henning said he will give Council a memo on this. C/M Kravitz said he objected to this being discussed since the staff should handle this and V/M Massaro said she wanted to bring this matter to Council's attention. V/M Massaro MOVED that the item be referred to the City Attorney, a memo is to be issued to Council and action will be taken at the next regular meeting. SECONDED by C/M Krantz. VOTE: C/M Stelzer Aye C/M Krantz Aye C/M Kravitz Nay V/M Massaro Aye Mayor Falck Aye 31. Policy Decision Regarding Awards - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 2). No formal action was taken. V/M Massaro said she noticed in the Consumer Board minutes that two members of this board were going to receive silver bowls as a token of appreciation for their service. She objected strongly stating that everyone on all boards and committees is equal and should be treated the same. She said unless there is a budget for such things she did not think it was proper. C/M Krantz said there are currently 94 volunteers on boards and committees and V/M Massaro said they should all be treated the same. C/M Kravitz said this should be an admin- istrative matter and not a Council matter and as liaison he thought it was a proper action. He said the Board took it to the City Manager for her approval and she said they could use their budget. He said the bowls cost approximately $18 each and they were approved about 3 weeks ago and the City ordered these bowls. C/M Kravitz said the Committee Chairman at this point notified the recipients to be at the meeting on 10/14/83 to receive these bowls. He said he did not speak to the recipients nor did he say that there was a question involved. He said the inscriptions on these bowls were given to Pearl Rosenberg and she said they will be ready by Friday morning. 11 10/12/83 /pm C/M Kravitz said he objects to this being brought up since it is finished business. C/M Krantz referred to a memo Council received from the City Manager dated 10/10/83 which indicated in the third paragraph that she had concerns about this, "before the first order is completed, (hold has been placed on the inscription work and the order can be revoked)". V/M Massaro said she did not revoke the order. C/M Kravitz said for the record that he does not feel he did anything wrong and a few meetings ago there were placques presented and no one questioned the liaison or the Mayor giving plaques instead of Certificates of Appreciation. C/M Stelzer said the City has had bad publicity in the past concerning badges given to elected officials and he said they should stop all of this. Bernie Hart, member of the Consumer Board said the members of this Board have discussed this matter this afternoon and have decided tnat they will personally pay for those bowls. City Manager Stuurmans said she is requesting direction for the administration and there was r.othirr, illegal, immoral or improper with the placement of a purchase order, however, it did set a precedent. C/M Stelzer MOVED that no.knick knacks are to be provided to anyone and Council agreed that this MOTION was too broad. C/M Stelzer then MOVED that the City Manager not spend any money for these foolish things, SECONDED by V/M Massaro. Sydney Stein, Charter Board Chairman, said Council should not go on record with this because it will sound foolish and V/M Massaro agreed and WITHDREW her SECOND. The MOTION died for want of a SECOND. V/M Massaro said a Resolution should be prepared for the next regular meeting and Council agreed. Mayor Falck recessed the meeting until 7.30 P.M. - 12 - 10/12/83 /pm CALL TO ORDER: Mayor Walter W. Falck called the meeting to order at 7:30 P.M. in Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer Vice Mayor Massaro was absent and excused 3. Board of Social Services - Presentation of Certificates of Appreciation by Mayor Falck to volunteers on this board. SYNOPSIS OF ACTION: Certificates presented by Mayor Falck to volunteer drivers. Certificates of Appreciation were presented by Mayor Falck and C/M Krantz, with the assistance of Mrs. Helen Sobel, the Chairperson of this Board, to the following drivers: Mr. Murray Averack, Mr. Herman Belinsky, Mr. Al DelVecchio, Mr. Henry Gottlieb, Mr. Herbert Harris, Mr. Max Herfield, Mr. Sam Isaacson, Mr. Jerome Jacobs, Mr. Sol Karp, Mrs. Ethel Sienkievicz, Mr. Herman Sklar, Mr. Manny Slade and Mr. Mike Wilson. Certificates of Appreciation will be mailed to the following drivers, who were unable to be present: Mr. William Damsky, Mx. Marvin Eliasberg, Mr. Adolf Fonfa, Mrs. Florence Franzman, Mr. Armand Gruenfeld and Mr. .Stanley Landau. 5. B'nai B'rith - Presentation of a proclamation by Mayor Falck designating October 13, 1983 as "B'nai B'rith Day" in rec- ognition of the organization's 140th anniversary. 'YNOPSIS OF ACTION: Proclamation presented to C/M Kravitz. Mayor Falck presented a proclamation to C/M Kravitz, in recog- nition of the 140th anniversary of the B'nai B'rith and designating October 13, 1983 as "B'nai B'rith Day". C/M Kravitz presented copies of the proclamation to the rep- resentatives of the following Tamarac lodges of B'nai Brith: Bermuda Club (mens and women's chapters), Blue Star, Lime Bay, Sands Point, Woodlands, Woodmont, Westwood, Tamarac Women's Chapter. 4. Parks and Recreation De artment Award -- Presentation of a plaque by Mayor Falck. 'SYNOPSIS OF ACTION: Plaque presented to Mr. Mortimer Wander. Mayor Falck presented a plaque to Mr. Mortimer Wander for his outstanding work over the past summer on this board. 6. United Nations Day - Presentation of a proclamation by Mayor Falck designating October 24, 1983 as "United Nations Day". SYNOPSIS OF ACTION: Proclamation Dresented to C M Kravitz. Mayor Falck presented a proclamation to C/M Kravitz designating October 24, 1983 as "United Nations Day". C/M Kravitz stated that a function in recognition of "United Nations Day" will be held in Tamarac Park on October 24, 1983 at 10:00 A.M. and he invited all the residents to attend the ceremonies that will take place on that day. -13- 10/12/83 PUBLIC HEARING 14. Burglar Alarm Review Committee - Temp. Ord. #1053 - Dis- cussion and possible action to amend Section 14--69 (8) of the Code pertaining to number of members on this committee. SYNOPSIS OF ACTION: Approved as ORDINANCE NO. 0-83- ,41-7—PASSED Amended on Second and Final Reading. City Attorney Jon Henning read the Ordinance by title and stated that several discussions were held by Council relating to the propriety of having Council members serve on a committee to which they make the appointments. He said C/M Kravitz had requested that he research the Attorney General's Opinions to determine whether Council could appoint themselves to a committee. Mr. Henning said he has done this research and has issued his own opinion on the subject, which was distributed to Council along with the Attorney General's Opinions referred to. The City Attorney said there was a question as to whether there should be a Council member on that committee since the Ordinance provided for a Council member, appointed by Council, to serve as an active member on the committee. It was originally proposed that there would be no Council member on the committee, but he said it is his opinion that it would be lawful to have a Council member on the committee, provided the member be in ex officio capacity, without voting privileges. City Attorney Henning said that an amendment was made to the Ordinance on First Reading, to provide for a Council member on the Burglar Alarm Committee, in ex officio capacity; and this is in conformance with the Attorney General's Opinions. In addition, Mr. Henning explained that in order --o maintain an odd number of members on the committee for voting purposes, the number of members was fixed at five. He said the amended Ordinance also establishes the advisory position of the Police Chief or his designee. This is not a change in policy, but the Ordinance formally establishes the policy. This was done because the Burglar Alarm Committee reviews appeals on Police action, and it was not felt to be appropriate for the Police Department to have a vote in their own appeal. Mr. Henning identified the three changes: 1. Setting the committee at five members instead of four or more. 2. Establishing that a Police Department representative is in advisory capacity only. 3. Changing the City Council appointment from an active member to an ex officio, non --voting member. C/M Stelzer stated that the Mayor appoints liaison members to all committees, and in effect, they are all ex officio members as they do not have voting privileges. However, the Ordinance proposes that the City Council appoint an ex officio member to the Burglar Alarm Committee; and he is wondering why the ex officio member is necessary and whether the Mayor can appoint a liaison member instead. He said neither the Charter nor the Code make reference to the appointment of liaison members; and he would like to know the difference between the two. City Attorney Henning said that the Charter does specify that there be an appointee from the City Council as well as an appointee from the Charter Board, to the Public Information Committee as well as the Redistricting Committee. He further explained that the difference between liaison members and ex officio members is the manner in which they are appointed. A liaison member is appointed by the Mayor and an ex officio member is appointed by the Council usually for a specific term, -14- 10/12/83 /rb and generally it has been one year. Mr. Henning said it has been the practice in the City for a liaison member to be appointed by the Mayor for a period of time he determines; and during the Mayor's term he can make adjustments and reassignments of those liaison positions and Council action is not required. In addition, a liaison is generally a member of the public who would make an effort to be present at the meetings to serve with the members and have input. C/M Stelzer said he is aware of how the appointments are made, and is also aware that the Public Information Committee and the Redistricting Committee are mandated by the Charter. The City Attorney stated the Charter mandates that there should be members on this committee. However, in view of the Attorney General's Opinions which were brought to Council's attention by C/M Kravitz, as well as his own research, he would suggest that these appointments be made as the Charter mandates, but the appointments be for ex officio members only. C/M Stelzer said he is wondering why an ex officio member should be appointed to the Burglar Alarm Committee when liaison members are appointed to all other committees and those appointments are made by the Mayor. He stated that if a liaison member were appointed to this committee, the proposed Ordinance would not be necessary. City Attorney Henning said the Mayor could appoint a liaison member to the Burglar Alarm Committee. Ile said a few months ago, there was a discussion relating to addressing all the committees. He said he has a desire to standardize or codify the provisions for all committees, and he sent a memorandum to Council which compared the various committees. if it is desired, an attempt could be made to have more standard, consistent provisions for all committees. However, it: was determined to move forward with the Burglar Alarm Committee at this time. C/M Stelzer said if this Ordinance is passed, the effect would be the same as if it were a Charter amendment, since the appointment would be made and voted upon by Council, as provided for in the Charter for the Public Information Committee. C/M Stelzer said he is wondering why this cannot be done by amendment, so that the residents could make the decision. City Attorney Henning said there is a provision in the Charter which states that boards can be created by Ordinance and that Council can create these boards and set the number of members, the type of membership and the duties of the board,, Therefore, the Burglar Alarm Ordinance would establish this board. The City Attorney mentioned that it would be legal for the Burglar Alarm Committee to have either a liaison member of an ex officio member. C/M Stelzer said he feels it would simplify matters if a liaison member would be appointed to the Burglar Alarm Committee, as is the customary procedure with other committees. In that way, if there were a resignation, the Mayor could appoint another individual to fill the position and Council action would not be necessary. Mr. Henning said there is a difference between the liaison and the ex officio member, and it will be for Council to make the --15-� 10/12/83 /rb decision. He said that Section 4.08 of the Charter provides for the establishment of boards and advisory groups by Ordinance; and that is what Council is doing today. He mentioned that if Council would prefer to have seven members on the committee instead of five, that too would be legal. C/M Stelzer stated that the Charter does not address the sub- ject of ex officio Council members to be appointed by Council. The Charter states only that Council can set up any committee desired and the Mayor can set up any committee desired. City Attorney Henning stated that the Charter provides that Council can specify by Ordinance, the duties and membership of these boards. In addition, the Burglar Alarm Ordinance is in conformance with the Attorney General's Opinions. He said the Charter provides for setting up an Ordinance to create the board and specify the membership and duties; and he feels that this Ordinance provides for the membership. Tape C/M Kravitz said he has done some research on this subject, 5 and since reading the Attorney General's Opinions, he is not comfortable with the idea that the City Council can appoint them- selves to the Burglar Alarm Committee. He said he would, therefore, suggest that b) in the Ordinance be changed to read, "one Council member selected by the Mayor to serve as a liaison member". He'said although the City Attorney has advised that either a liaison member or an ex officio member could legally be appointed to this committee, the appointment of a liaison member by the Mayor would make this committee consistent with almost all other committees. Mayor Falck opened the public hearing. Mrs. Melanie Reynolds, resident, said with begard to liaison members on committees, there is an Attorney General's Opinion which states that unless the Charter so specifies, the Mayor may not appoint a Council member to any committee. City Attorney Henning said the term used generally is "enabling legislation" and this Ordinance would be the "enabling legislation". There is also "enabling" language in the Charter, which is the provision that Council may create by Ordinance, adjustment, regulatory and advisory boards. Therefore, Council can create the Burglar Alarm Committee by Ordinance. Mr. Henning said the Charter also states that the Ordinance shall specify the duties and the membership of the committee. Therefore, he is comfortable with the enabling language, and it is his legal opinion that Section 4.08 of the Charter establishes the authority for Council to pass an Ordinance for duties and membership. The City Attorney further explained that this Ordinance has been legally advertised and is presented on the agenda today. He stated that he is certain this Ordinance is legal because it has been established by the Charter. Mr. Henning said that at this time Council is considering the appointment, by this Ordinance, of either a liason member or an ex officio member to the Burglar Alarm Committee; and this would be provided for by the Ordinance directing either the Mayor or the Council to appoint this additional member. -16- 10/12/83 /rb M Mr. Ray Munitz, resident, said if the statement made by Mrs. Reynolds is correct, every liaison appointment would be illegal. He said he feels Council should amend the Burglar Alarm Ordinance, so this committee will be consistent with all other committees and would suggest the word "liaison"be used in this Ordinance instead of "ex officio". Mr. Morton Student, resident, said he feels a liaison member should be appointed to the Burglar Alarm Committee, but that the appoint- ment be made by the Council instead of the Mayor. Mrs. Helen Sobel, resident, inquired about the distinction between a liaison member and an ex officio member; and Mr. Hennaing explained that as discussed earlier today, an ex officio member does everything a member would do except vote or be chairman,and appointment is made by majority vote of the Council. Generally, liaison members are more flexible in their appointments in a sense that it could be for six months or there could be a change made in the individual appointed. Mr. Munitz said it is his feeling that the appointment of an ex officio member as opposed to a liaison member, actually takes away responsibility from the Mayor. Mr. Irving Lopatey, resident, said that he is familiar with normal parliamentary procedure; and in that procedure, an ex officio member of a committee is actually the- chief presiding officer or an individual appointed in his stead. He said in the case of the City Council, the Mayor is the chief presiding officer and if he is unable to serve as an ex officio member of a committee, he would delegate the individual to serve in his stead. Mr. Lopatey said the explanation given today seems to differ as it says Council can vote on the ex officio or the presiding officer or Mayor; and he would like some clarification. The City Attorney explained that the term ex officio actually refers to one particular office holder; and a good example of that would be the Police Chief who would serve on the Burglar Alarm Committee, since there is only one Police Chief. Under the present Ordinance, the Police Chief would serve in advisory capacity only, no matter who the Police Chief may be at any given time, as the appointment goes with the office. Mr. Henning said that the City has been using the term ex officio to designate a Council member or other Board member. The significance of the ex officio is not so much how it is acquired, but that it pertains to a non -voting member. Mr. Irving Lopatey said since the majority of the City volunteer boards function successfully with a liaison member, it is his opinion that a liaison member should be appointed to the Burglar Alarm Committee instead of an ex officio member. The public hearing was closed. C/M Kravitz MOVED to amend Temp.. Ord. #1053 in Part B, Line 20, to read that one Council member be selected by the Mayor to serve as a liaison member to this Committee. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE C/M Kravitz MOVED to adopt Temp. Ord. #1053, with the amendment to Part b). SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE -17- 10/12/83 /rb COMMUNITY DEVELOPMENT 23. Drainage Im rovements in the Cit - Discussion and possible action. SYNOPSIS OF ACTION: Conditions are now satisfactory. C/M Kravitz reported that during the last two weeks he has received complaints regarding drainage problems which have been turned over to the City Manager, who has been handling them in a satisfactory manner. He said he feels that the citizens are now satisfied as they know their problems are being given consideration and despite the heavy rains, most of the drainage is satisfactory. C/M Kravitz said the City Manager should be commended for the way the drainage improvements are being handled. 32. Acceptance of Resignation of Mr. ,lames Lew on tine Yarns and Recreation Board. SYNOPSIS OF ACTION: Agendized by Consent. Resignation accepted;vacancy to be filled at next regular meeting. C/M Kravitz MOVED to.Agendize by Consent, the acceptance of the resignation of a member of the Parks and Recreation Committee. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE C/M Kravitz MOVED that Council accept the resignation of Mr. James Lew on the Parks and Recreation Committee. C/M Stelzer asked whether it is required that committee members in the City reside in Tamarac. Mayor Falck said that question has home up before, and the ruling has been that committee members are required to live in the City of Tamarac. Council does not feel it is right for someone from outside the City to enact things they do not have to live with; and the PZayor said he would support that. Mayor Falck commented that an individual from outside the City requested to serve on the Planning Commission and he certainly would not want such an individual serving on the Tamarac Planning Commission as that individual's actions would affect the residents of Tamarac, although that person would not have to live with them. C/M Stelzer asked whether Mr. James Lew's resignation was brought about by his not residing in Tamarac; and C/M Kravitz said it is one of the reasons. The MOTIO14 was SECONDED by C/M Kravitz. C/M Kravitz said he would add to his MOTION that the vacancy be filled at the next regular Council meeting. The SECOND concurred. VOTE: ALL VOTED AYE 24. City Council Reports C/M Stelzer reported that he and Mr. Ray Munitz attended the Broward League.of Cities Symposium held last Friday at FAU/FIU for a discussion of Proposition #1. Among those in attendance, there was some confusion as to what Proposition #1 actually is. 10/12/83 /rb C/M Stelzer advised that Proposition #1 originally was initiated in California as Proposition #13 where there was an uprising about the ad valorem taxes,and that Proposition concentrated only on keeping the ad valorem taxes at whatever levels they wanted to set it. He said Proposition #13 was followed by Proposition #2-1/2 in Massachusetts to reduce ad valorem taxes to the level which existed in 1981. C/M Stelzer stated that Proposition #1 was initiated to reduce all taxes to the levels which existed at the end of Fiscal Year 1981.What is permitted is a.5% increase in ad valorem taxes above 1980/81 in addition to two --thirds of the Consumer Price Index for each year. If the potential income will be greater than the prescribed formula, the income cannot be used for the current year and would have to be pushed ahead to the following year,and reduce all income the following year by this excess. C/M Stelzer said if the law were in effect for 1981/82, one would figure a 54 increase in the ad valorem tax and two-thirds of the Consumer Price Index of 10.3, thereby making the increase .068. If the potential income is greater than the figure derived by using this formula (and adding new construction) the income cannot be used for the current year and must be moved ahead to the following year to reduce all income by the excess. C/M Stelzer said this means that a growing City will not grow any further because the ad valorem taxes would be limited to 5% from new residents and the services would necessarily be curtailed. C/M Stelzer said for example, he would state that if there were an influx of residents in the City of Tamarac, the Water Department could not increase its revenue by more than the formula prescribed, which means that service will have to be provided to the new residents without income to the City over and above what was received for 1980/81 Plus the Consumer Price Index. C/M Stelzer mentioned that Proposition #1 has not come up in Court and when it does, the Court might throw it out as being unconstitutional. C/M Stelzer said he and Mr. Munitz are currently working on all the ramifications of Proposition #1 to determine how it would affect the City. There will be additional meetings at FAU with all the cities in Dade, Broward and Palm Beach; and as new information is received, it will be provided to Council. He said he is now working on how Fiscal Year 1981/82 would be affected by the new formula, as relates to Proposition #1. He said for that Fiscal Year, the City was not in excess. The figures for 1983 have not as yet been received from the auditors and when they do, the formula will be applied to determine how the City stands for 1983. C/M Kravitz - No report C/M Krantz - Absent V/M MassarowAbsent 25. City Manager Retort - No report 26. City Attorney Report - Mr. Jon Henning reported that his office is currently preparing an update of the Litigation report for the auditors and Council, which he hopes to distribute shortly. The City Attorney announced that there will be a meeting of the Charter° Board on Friday, October 14,1983 at 9.00 A.M. at which eight proposed amendments to the Charter will be considered. -19- 10/12/83 /rb 24. City Council Re orts Mayor Falck reported that with regard to C/M Stelzer's reference to Proposition #1 and the tremendous amount of interest in it, the Florida League of Cities will have a session at 7:00 A.M. on Saturday in Orlando, and he will attend that meeting. There are supposed to be experts there, but he is not too optimistic about it. Mayor Falck reported that he is up for renomination to the Board and on the Legislative Committee and is also a Trustee on the Health and Workers Compensation Fund. He said the City received about $20,000.00 this year in Workers Compensation premiums. The Mayor reported that he attended a seminar in San Diego, which primarily dealt with determining the feasibility of establishing a captive company; and additional sessions are being planned. He said the big problem relating to this type of company is the fact that reinsurance costs are so high and reinsurance cannot be obtained anywhere -but at Lloyds and their rates are so high that the availability of coverage is cut back. Mayor Falck said he was not impressed with the presentations on off shore captives. C/M Stelzer said when ht went to FAU to learn about Proposition #1, it was not done so he would be in a position to tell the City Manager or the Finance director what to do. He said he attended the session so he would know what is being done and whether it is being done correctly. Mr. Munitz said at FAU, there were five experts. Two were from Tallahassee and represented the State government, two from FAU representing the Department of Governmental Controls and one was the former City Manager; and they could not agree among themselves as to what revenue is as relates to Proposition #1. City Manager Stuurmans said she had indicated to C/M Stel.ze-t before he attended the session at FAU that this would probably be the first of many sessions. Based upon the liter- ature the City has been receiving every day, this is the case. In fact, at staff level, there was a concern and an interest in Proposition 41 about four to five months ago; as the studies and questionnaires received just ,scratched the surface. The City Manager said that as Mr. Munitz has indicated, they do not know yet and as information is received that will help Council in terms of shedding light on Proposition #1, the material will be shared with Council. Mayor Falck said one of the things the Florida League is interested in, is to establish a program whereby the residents know specifically what they are voting for because if they only read newspapers, they will not>know what Proposition #1 is all about. The League is trying to come with a study program which will enable them and their representatives to give their side of the story and that is very important. THE MEETING WAS ADJOURNED AT 8:45 P.M. r c�• [n rg ATTEST: da ASSISTANT CITY CLERK MAYOR This public document was promulgated at a cost of $241.34 or $8.30 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. fITY OF RAC APPROVED AT MEETING OF (� -2o-- 2/83 City 'Clerk /rb