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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.
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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
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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
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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.
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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.
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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