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HomeMy WebLinkAbout1981-12-28 - City Commission Regular Meeting Minutes5811 Nf.;)RIHVYE:S_( N'TH AVENUE 0 TANIARAC, FLORIDA 33321 TELEPHONE (305) 722-5000 December 23, 1981 CITY COUNCIL NOTICE OF RECONVENED REGULAR MEETING You are hereby notified the City Council recessed the regular meeting of Wednesday, December 23, 1981, to Monday, December 28, 1981, at 9:30 A.M., to be held in the Council Chambers at City Hall, 5811 N.W. 88 Avenue, Tamarac, Florida. The Council also agendized by majority consent the following two items which will also be discussed at the reconvened meeting: 43. WOODMONT PLAZA Discussion and possible action to approve installation of a precast concrete louvre fence in lieu of a solid stucco fence. 44. TAMARAC SHOPPING PLAZA - Discussion and possible action located at 6666 N.W. 57 Street). The Council may consider such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk A a P. 0, BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA MONDAY, DECEMBER 28, 1981 (RECESSED FROM WEDNESDAY DECEMBER 23, 1981) It has been determined that,due to the holidays, the Regula{' City Council Meeting to be held on Wednesday, December 23, 1981,E will be opened at 9:30 a.m. and is expected to be immediately recessed to 9:30 a.m., December 28, 1981. CALL TO ORDER: 9:30 A.M. AIINOUNCEME14T OF TIME ALLOCATIONS - POTIONS 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 Counci. members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS A14D AWARDS 1. Emplo ee of the Month - Presentation of awards by the City Manager to the "Employee of the Month" for the month of Octo- ber, 1981 (tabled from 11/30/81). 2. Employee of the Month - Presentation of awards by the City Manager to the "Employee of the Month" for the month of Nov- ember, 1981. 3. Tamarac Police Cadets - Presentation of Certificates of Appreciation by Mayor Falck to the Police Cadets in recogni- tion of their many contributions to the City. BOARDS AND COMMITTEES 4. City Photographer - Announcement of vacancy of the positions of City Photographer and Assistant Photographer. 5. Public Information Committee - Discussion and Possible Action on the appointment of two members of this Committee by Tea.. Reso. #2103. CONSE14T AGENDA 6. Items listed under Item ;k6, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. 12/28/81 Pgs . 1 & 2 TABLED to January 13 Meetina Pg. 2 12/28 Awarded to Sylvia Newman of Finance Pg. 2 12/28 Certificated were awarded Vacancies announced - appointments to be made at future meetim Pg. 14 .12,Z28 TABLED to next reg.meeting. as. 14&15.i-�i7l ?gs . 8 & 9 APPROVED Item! a) through k) with j)being designated that the $500 for Fire Sta. #1 and the $300 for c Police Dept. be used for dept.personne: 12/28 PAGE TWO a) Minutes of 10/28/81 - Regular Meeting - Approval recom,tend- ed by City Clerk. b) Mitchell Ceasar - Grants Consultant - 12/14/81 - $1,259.00 monthly retainer - Approval recommended by City Manager. c) Williams, Hatfield & Stoner, Inc. -- Consulting Engineer - 5/21/81 - $583.25 - Account 1-106-514-310 - Approval recommended by City Engineer. d) Alexander Grant & Company - Auditors - 11/18/81 - Services regarding financial statements as of 9/30/81 - $9,000.00 - Approval recommended by Finance Director. e) Shailer & Purdy - Special Attorney for Yockey vs. City of Tamarac - 12/8/81 - $211.00 - Approval recommended by City Attorney. f) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. -- Special Legal Counsel - 12/10/81 - $986.30 - Approval recommended by City Attorney. g) Kruse, O'Connor and Ling, Inc. -- Pension Plan Actuarial Studies pertaining to Firefighters and Police Officers - 11/25/81 - $1,845.00 - Approval recommended by City Manager. h) Authorization to allow the City Manager to go to bid for Public Officials Liability Insurance. i) Authorization to allow the City Manager to go to bid for a Power Purifier for the Computer System. j) Acknowledgment of donation from Sands Point of $500.00 for Fire Station #1 and $300.00 for Police Department. k) Water and Sewer Rate Revisions pertaining to clubhouses - Temp. Reso. !;2097 - Approval for extension of tabling action to 1 27 82,for further review. 12/28/81 GENERAL ADMINISTRATIVE/FINANCIAL Pg. 9 RESO.81-280 7. Bid Award - Fire Department - Tem Reso. #2122 - Discussion - �-'- `- and Possible Action to award a bid for one Hurst Power Too (Jaws of Life). APPROVED to Fire r e Fighter r $7,571.00. APPROVED bid to DelRicco Bros. 12/28 Pas. 9_ & 8. Bid Award - 1981 Storm Drainage Improvements - Temp. Reso. #2123 - Discussion and Possible Action to award a bid for storm drainage improvements in Westwood Community 3. P. 1ED 2/x'8 further review. 9. Bid Award - Tamarac Utilities West - Tern Reso. #2124 - Discussion. and Possible Action to award a bid for a TV/Sea Truck Mounted System. Pgs . 2 thru 8 10. Alexander Grant & Company - Audit Report for FY 19$0/81 - Temp. Reso. #2125 - Presentation by Auditor -- Discussion and Possible Action to adopt this report. (Scheduled to APPROVED sub - ject to review w/City Attorney be heard at 10:00 A.M.) 11. McNab Road -- Temp. Reso. #2127 - Discussion and Possible Action to approve a beautification Agreement with Broward County for McNab Road from NW 70 Avenue to SW 81 Avenue. Pg. 1 12/28 TABLED for further review. 12. Salary of City Attorney - Discussion and Possible Action. 13. Agenda Distribution - Discussion and Possible Action on a request to add certain members of the President's Council to the mailing list. (tabled from 12/9/81) . 9 & 10 12/28 APPROVED RESO.81-283 APPROVED to a Director's of Pres.Council tc mailing list C/P7gr . wi l l handle. Pg. 10 12/28 PAGE THREE 14. Occupational Licenses Fees - Requests for Refund - Pqqs. 10 & 11 a) b) iviand Discussion and Possible Action on: , d) REQUEST a) Berliner and Company, CPA - Refund of $140.00 requested paidDENIED, c) for a Professional Association license which is not applic- able. TABLED to b) Steven A. Botwinick - Refund of $50.00 requested as he is next meetin(e) TABLED tc no longer in business. c) Jackson Minit Market - Refund of $60.00 requested for re- next reg. meeting, , duced inventory. A f VE d) South Florida Rax, Inc. - Refund of $70.00 requested as theirrefund of are no longer in business. not $1not e) Terminal Fabrics, Inc. - Refund of $100.00 requested for re $130 0 re- duced inventory. quested. f) I.C. Sales, Inc. -- Refund of $140.00 requested for over- payment. 12/28 (tabled from 12/9/81) . 12/28 Pg. 15 15. Toxic Chemicals and Containers -- Temp. Reso. #2115 = Discussio SO.81-284 APPROVED. and Possible Action urging federal legislation pertaining to the control and disposal of.toxic chemicals and containers. Pg. 1 12/28 LEGAL AFFAIRS TABLED to 16. Master Land Use .Plan - Discussion and Possible Action on re- next reg. meeting. zonings to comply with the Land Use Plan (tabled from 11/30/81 12/28 Pg. 1 17. Litigation Lard and _1 •y •. Kaveney Cases - Discussion and Possible TABLED to next meetinc Action. at c/Attny. request PUBLIC HEARINGS - 2 P.M. 12/28 7 Pgs. 16 & 17 18. Charter Amendment - Temp. Ord. #936 - Discussion and Possible APPROVED wl Action to amend Sections 6.02 and 8.01 of the City Charter by Changes modifying requirements for the qualification and election of Charter Board members and the filling of vacancies and by providing a method of filling of extraordinary vacancies, as proposed by the Charter Board. Second Reading. ORD.81-66 19. Budget Amendment - Temp. Ord_. #943 - Discussion and Possible 12/28 Pg. 17 Action on amendment to the General Fund Budget for Fiscal Year APPROVED on 2nd reading 19$1/82. Second Reading. iNED on 20. Board of Adjustment - Tem . Ord. #909 - Discussion and Possible 2nd reading. Action to amend section 2 --17 of the Code by modifying the 17 18 information required for such notice. Second Reading gs• & RD.81-67 21. Zoning Regulations Temp. Ord. #913 - Discussion and 7 778g pp15 1$ �A Possible Action to amendSections28-57(a) and 28-58(c) of the PROVL�on 2nd reading, Code by removing references to three-story buildings in R-3 RD.81-68 Low -Density Multiple Dwelling Districts pertaining to street yard setbacks and distances between buildings. Second Reading 12/28 Pg.18 22. Construction of Dumpsters - Temp. Ord. #921 _ Discussion and APPROVED on 2nd reading, Possible Action to amend Section 7-30(8-10) of the Code to RD.81-69 require that dumpsters within multi -family developments have N gates and door for access by residents. Second Reeding. 2/28 Pg. 18 23, Utility Billings - Temp. Ord. #937 - Discussion and Possible ��$ on Action to amend Section 27-19 of the Code by modifying the time 2nd readinc periods for mailing of late notices and for disconnection from the City System. Second Reading. 12/28 Pg. 19 ORD.81-71 24. Expense Reimbursement - Temp. Ord. #942 - Discussion and Pos-- APPROVED on sible Action to provide for the reimbursement of luncheon 2nd reading expenses to the members of the Planning Commission. Second Reading. PAGE FOUR 12/28 Pg. 20 5. Tamwa Gra _stone Cox Rezoning Petition # 23 -Z-81 - Dis- �G __ p' a)APPROVED, _ -g _._.......- cussion and Possible Action to rezone the recreation parcel at b)APPROVED Fairways III located at the southeast corner of Lagos de Campo on 2nd read Boulevard and NW 84 Terrace, from R--4A to S-1, by Temp. Ord. ing. # 9 4 0 . Second Reading. ORD.81-72 a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application. Pgs• 20 & 21 1/13/82 26. Lakes of Carriage Hills -- F,asement Vacation-Peti,t,_nn 42-V-Bl- TABLED to Temp. Ord. #944 - Discussion and Possible Action to vacate an January 13 easement located on the east side of Sabal Palm B1vd.,North, or until within Parcel A of this proposed development, north of and Council has adjacent to Sabal Palms Condominiums. Second Reading. documents 27. Lakes of Carriage Hills -- Easement Vacation - Petition #3--V-81 1/13/82 P-21 TABLELi -to Tem . Ord. #945 - Discussion and Possible Action to vacate an January 13 easement located on the west side of Sabal Palm Blvd. North, or until within Parcel B of this proposed development, north of and Council has adjacent to Gardens of Sabal Palms. Second Reading. d11o//c�umgge��nttps 28. Lakes of Carriage Bills - Easement Vacation - Petition #4-V-81AI�EII to 1 Temp. Ord. 4946 - Discussion and Possible Action to vacate an January 13 easement located on the west side of Sabal Palms Blvd. North, or until within Parcel B of this proposed development, north of and Council has adjacent to Gardens of Sabal Palms. Second Reading. documents. 1/13/82 Pg.21 29. Lakes of Carriage Hills - Easement Vacation - Petition #5-V-81 TABLED to Temp. Ord. #947 - Discussion and Posse e Action to vacate an January 13 easement located on the west side of Sabal Palm Blvd. North, or until within Parcel B of this proposed development, north of and Council has adjacent to Gardens of Sabal Palms. Second Reading. documents 30. Lakes of Carriage Hills - Easement Vacation - Petition #6-V-81 //ll a?9. Tll(R� W_tpo Temp. Ord. ;#948 - Discussion and Possible Action to vacate an January 13 easement located on the west side of Sabal Palm Blvd. North, or until within Parcel B of this proposed development, north of and Council has adjacent to Gardens of Sabal Palms. Second Reading. documents 31. Lakes of Carriage Hills - Easement Vacation - Petition #7-V-81 1 13/82 g• TfiBLED to TeIT.TOrd. #949 -- Discussion and Possible Action to vacate an January 13 easement located on the east and west sides of Sabal Palm Blvd or until North, within Parcel A and Parcel B of this proposed develop-- Council has ment, north of and adjacent to Gardens of Sabal Palms and documents Sabal Palm Condominiums. Second Reading. Pg. 32. Lakes of Carriage Hills - Easement Vacation - Petition #8-V--81 TABLED to Temp. Ord. #950 - Discussion and Possible Action to vacate an January 13 easement located on the east side of Sabal Palm Blvd. North, or until within Parcel A of this proposed development, north of and Council has adjacent to Sabal Palms Condominiums. Second Reading. documents gs.22 & 23 33. Lakes of Carriage Hills - Rezoning Petition 422-Z-81 - Dis- a)Accepted cussion and Possible Action to rezone lands on the east side affidavits of Sabal Palm Blvd. North, approximately 680-feet south of b)APPROVED Bailey Road, and extending eastward from Sabal Palm Blvd -East considera- approximately 480-feet and being north of Sabal Palm Condo- tion of minium Apartments, from R-4A to S-1, by Tea.. Ord. 1�953. Application First Reading a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of nailing. b) Consideration of Application. COMMUNITY DEVELOPMENT O-81-285 g.23 34. Woodview Tract 38 - Discussion and Possible Action on: a)APPROVED a) Modification of the Water and Sewer Developers Agreement. b)APPROVED. b) Release of warranty bond posted for on -site and off -site improvements by Temp. Reso. #2126. 35. 36. 37. 38. 39. PAGE FIVE /13/82 Pg.13 Marshall's Plaza -- Revised Site Plan -- Discussion and Possibl TABLED until Action on a Revised Site Plan for a compactor enclosure. next regular -meeting. Pines III (Woodmont Tract 54) - Model Sales Facility - Dis- RENEWAL12/28 cussion and Possible Action to renew a permit for the use of APPROVED for a model sales facility at another location. P s23-24 6 months fron g 1/8 82. Pgl3-- Isles of Tamarac - Discussion and Possible Action regarding TABLED until trees planted within the median on McNab Road by the develope .next reg. meetingPg.12 Drainage Improvements in the City - Discussion and Possible Mayor report Action. meeting on 1/15/82 P.24 Mainlands Center - Revised Site Plan - Discussion and PossibI94 APPROVED Action on a Revised Site Plan for a directory sign. w/conditions, gs.12-13 12/28 REPORTS 40. City Council 41. City Manager 42. City Attorney Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: 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 to be based. CITY OF TAMARAC CAROL A. EVANS ASSISTANT CITY CLERK For informational purposes, following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence R-lB & R-1C - One -Family Dwelling R--2 - Two -Family Dwelling RD-7 - Two -Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Raw House RM-10 - Planned Apartment R-4A - Planned Apartment B-1 - Neighborhood Business Center B-2 - Planned Community Business B-3 - General Business B-5 - Business District B-6 - Business District 43. Woodmont Plaza - Discussion and possible action to approve installation of a precast concrete louvered fence in lieu of solid stucco fence. 44. Tamarac Shopping Plaza - Discussion and possible action.Located at 6666 NW 57 St. 12/28 Pg.25 & 26 12/28 Pg. 8 Pg. 27 I12/23,Pg. 1, Agen.by Cons. 12,28,Pg.24 bENIED. 12/23,Pg.1, Agen.by Cons. 12/28,Pg;16, Appvd.w/cond. PAGE SIX CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING DECEMBER 28, 1981 (Recessed from December 23, 1981) CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on Monday, December 28, 1981, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Philip B. Kravitz ABSENT AND EXCUSED:Councilman Irving Zemel ALSO PRESENT:City Manager,Laura Z. Stuurmans City Attorney, Arthur M. Birken Assistant City Clerk, Carol A. Evans Secretary, Patricia Marcurio, a.m. Secretary, Caroline Boerio, p.m. MEDITATIO14 AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck greeted Council, Staff and visitors present and wished them healthy and Happy New Year Greetings. V/M Disraelly read a complimentary letter which appeared in the Sunday newspaper concerning Mayor Falck. 16. master Land Use Plan - Discussion and Possible Action on rezonings to comply with the Land Use Plan (tabled from 11/30/81). !17. Litigation - Hardy and KaveatZ Cases - Discussion and Possible Action. SYNOPSIS OF ACTION: TABLED to the next regular meeting, at request of City Attorney. Attorney Birken requested the TABLING of Items 16 and 17 to the next regular meeting; V/M Disraelly so PROVED, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 9. Bid Award - Tamarac Utilities West -- Temp. Reso. #2124 - Discussion and Possible Action to award a bid for a TV/Seal Truck Mounted System. 11. McNab Road - Tem . Reso. #2127 - Discussion and Possible Action to approve a beautification agreement with Broward County for McNab Road from NW 70 Avenue to SW 81 Avenue. SYNOPSIS OF ACTIO14: TABLED for more information. C/W Massaro MOVED the TABLING of Items 9 and 11 for more information, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 1. Employee of the Month - Presentation of awards by the City Manager to the "Employee of the Month" for the month of October, 1981 (tabled from 11/30/81). SYNOPSIS OF ACTION: TABLED until next regular meeting. - 1 - 12/28/81 /pm The City Manager requested the TABLING of Item 1 until the next regular meeting; C/W Massaro so MOVED, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 2. Employee of the Month - Presentation of awards by the City Manager to the "Employee of the Month" for the month of November, 1981. SYNOPSIS OF ACTION: Presentation of award by City Manager to Sylvia Newman of the Finance Department. An award for "Employee of the Month" for November, 1981 was presented by the City Manager to Sylvia Newman of the Finance Department. 3. Tamarac Police Cadets - Presentation of Certificates of Appreciation by Mayor Falck to the Police Cadets in recognition of their many contributions to the city. SYNOPSIS OF ACTION: Presentation of certificates was made to the Police Cadets. Mayor Falck commended the Police Cadets for the outstanding work they do throughout the City of Tamarac. Together with Chief Joseph McIntosh, Corporal David Harris and Juvenile Specialist Judy Kitograd, Mayor Falck presented the certificates to the following Police Cadets: Junior Cadets 12 - 15 years old Senior Cadets 15 - 20 years old Dennis Newman Debbie Prevost Joel Goldfarb Robbie Travis Bill Keefe Karen DiPinto Brian Goldfarb Brent Christensen Larrance Rothberg (Captain) William Ennis Craig Raszeja Robert Cassels Michael Keller Todd Kurpinski Mitchell Kogod (Corporal) (Captain) C/W Massaro mentioned the problems that existed during the Festival of Lights the previous weekend. The weather was cold and there was much traffic and confusion. However, when the Police Cadets arrived, they handled everything efficiently and they are a credit to the City of Tamarac and should be recognized for the work they do. Chief McIntosh commended these Police Cadets for their services and said they are the Police Officers of tomorrow. lie said they aided the Police in the search for a missing man and aided in the discovery of his body. Their assistance is much appreciated. lie said he wanted to commend three North Lauderdale Police Cadets who also helped in this search and Certi- ficates were presented to Debbie Riswell, Diane Riswell and Tracy Cantara. Corporal Harris expressed his pride in these Police Cadets and said they are good representatives for the City of Tamarac. 10. Alexander Grant and Cop an - Audit Report for FY 1980/81, Temp. Reso. 2125 - Presentation by Auditor --Discussion and Possible Action to adopt this report. SYNOPSIS OF ACTION: APPROVED Tem�.Reso.#2125_ accepting the Financial Statement and Audit Report for Fiscal Year 1980/81 subject to review with City Attorney regarding surplus funds; perhaps another statement will be made after for review of Council. Ci►� RESOLUTION 140. R- !�— � PASSED. 12/28/81 /pm I Attorney Birken read the Resolution by title. Burt Emmer of Alexander Grant and Co. addressed the Council. He referred to the 4th page of the Audit Report, which is the Auditor's Report Letter and is similar to the ones that have been rendered in prior years. It has a qualification in the second paragraph which deals with the Litigation that is still out- standing against the city; other than that qualification, the report is a Standard Report Letter, there are no other qualifications. Mr. Emmer reviewed various pages in the Auditor's Report. On page 6, the Balance Sheet for the city reflects the total General Debt of the city as of September 30, 1981 as $969,000.00. In review, he said $2,507,175.00 was the Fund Balance of the city as of September 30, 1981. As of that date, the city did appropriate in its 81/82 Budget $1,425,735.00 which left an undesignated surplus in the city's General Fund of $1,081,000.00. Mr. Emmer apologized for the small print on the Report and said the city is going to be applying for an award that requires that there be no fold- out pages so they tried to get everything on these single 8-1/2 x 11 pages. Mr. Emmer said on page 10, in this statement which compares the city budget to the actual for Fiscal, 1981, the city had planned to expend $1,162,483 of its prior year Fund Balance. In 1981,what actually happened, however, is that the city had an excess of Revenues, overexpenditures of $567,000, so that no part of the Fund Balance was expended which gave a positive variance of about $1,007,000. Mr. Emmer said the detail information that can be utilized to see where these variances come up are continued on page 36 where there is some very detailed information showing what revenues came in high, what revenues came in low and the same thing for the expenditures. Mr. Emmer said on page 29, are the details of what makes up the city's General. Debt. This excludes any type of debt on the Utilities and $969,000 consists of the balance in the General Obligation Bonds of $565,000, Franchise Fee Installment Loan that was made for a Fire Engine of $229,000 and Equipment Installment Loans of $175,000. Those are the three components of the city's General Debt. Mr. Emmer continued, on Page 51, are the results of the operations of the two utility systems both east and west. Under Operating Income it is seen that both utilities did rather well. It shows that Water and Sewer Systems West actually earned in excess of $1,000,000. The important number that has to be calculated because of the bond issue is the coverage of the city's debt. In the city's Bond Contract the Rate Covenant states that the city will covenant to keep the rates at a certain level to provide operating income before depreciation of 110o more than the largest amount of principal and interest that has to be paid in any year on the bonds. The actual result of that computation on a conservative basis was 144% for 1981; the city is very comfortable as far as the debt service coverage goes. Mr. Emmer saidthat in calculating the 144% they did not include the interest income of $778,000 that was earned in the utility. Usually the bond contracts are very vague as to whether to include the interest income. Mr. Emmer said, in his opinion, the city probably could include the interest income and if they did that would bring the coverage up over 200%. That would give the city a substantial amount of coverage. The interest income very often is derived from the various accounts that have to be maintained like the Reserve Account, the Interest Fund, the Renewal and Replacement Fund; those funds, of course, are invested and they derive interest. Some- times the Bond Counsels will say not to include interest income and other times they request that they be included. This rate fluctuates, therefore, they sometimes feel that it should not be included. - 3 - 12/28/81 /pm V/M Disraelly asked why there was not a note explaining the requirements for Bond Issue Payments, etc.? Mr. Emmer said it is a very lengthy note about that Bond Issue. It describes the Reserve Fund and how much money has to be maintained in it. On page 24, Item 3, the last sentence says, "As of September 30, 1981 there was $1,276,000 on deposit which equals the reserve requirement". Below this it shows in five years specifically what the debt service requirement will be, grouped by five-year groupings. V/M Disraelly said the question that could arise is, "If there is this excess fund should there be a reduction of rates?" Mr. Emmer said the city does not feel there should be since Consulting Engineers have expressed that costs are going to go up. Mr. Emmer said that 144% coverage is not an extravagant amount of coverage. In most cities the coverage would run anywhere from 135% to 140o and very often they will have Rate Covenants. Tamarac is the lowest Rate Covenant since most have been between 1254 and 1350; Tamarac is very low at 1100 Very often the Covenants have been somewhere around 140o because of the rising costs. V/M Disraelly said the city projected that by 1985 the rates will have to be raised for the first time based on anticipated expenses; interest income at 14% would be almost $5,000,000 in funding. Mr. Emmer said that is a high number. Besides the funds the city is required to maintain there is a Revenue Fund and the utility did very well. During that period it had a substantial amount of cash available to it in the Revenue Fund and this money was invested. Steve Wood, Finance Director, said the monies that are paid by the developers, specifically the cash that they pay the city, is not included in that number as interest. The $11.00 per month that the developer pays the city as interest on CIAC's is not included in that number, it is under "Contributions". P7r. Emmer said the "Contributions" are not considered revenues, the interest they pay on the contributions that they owe are included as part of that. Mr. Emmer said that this will be resolved with the Finance Director. Mr. Emmer referred to page 58 where there is a Bond Compliance Option. This is required under the city's indenture on the General Obligation Bonds. Effectively it says that none of the Financial Covenants were violated and it is a clean Bond Compliance Option. Mr. Emmer added that they are working with the Finance Department to prepare another report called a Comprehensive Annual Financial Report which will be submitted to the Municipal. Finance Officer's Association for a Certificate of Conformance. When a unit of local government gets this Certificate, in effect, it says that the city has met some of the highest requirements of financial reporting. Only 255 governments in the United States last year received this Certificate. They have prepared the report this year and have worked on the Financial Statements in anticipation of this submission so there will be another document prepared called the Comprehensive Annual Financial Report and that will have an Introductory Section which the Finance Director and the City Manager will prepare and it will have most of the information that is in the Audit Report and will have another Statistical Section which will give certain statistical information about the city. This will be submitted to Chicago and then will be reviewed and, hopefully, the certificate will be awarded. V/M Disraelly said that page 28 shows investments that have gone into General Fixed Assets. There was a gift of $1,000,000. Mr. Emmer said this is some land that was contributed to the city in 1977. V/M Disraelly asked about page 67 in which Mr. Emmer referred to the physical inventory of the shop and there is a shortage recorded. Mr. Emmer said Mr. Sanchez will cover this in his report. - 4 - 12/28/81 /pm � � r C/M Kravitz said he noticed the Management Letter attached at the end of the document has some negative statements and generally it is a separate letter. He said he thinks it might be better practice, because of the distribution of the Audit itself, that they have it as a separate letter. Last year, for the first time, Alexander Grant & Co. attached the Manage- ment Letter, asked if they would consent to remove the letter and handle that as a separate item. Mr. Bmmer said that the rules of the Auditor General of the State of Florida, which were effective for the last Fiscal Year, require that the Management Letter be bound in with the Report. Originally, it was interpreted that the reports that were filed in Tallahassee required the Management Letter to be bound in and then other copies that were distributed publicly did not have the Management Letter bound in also. The only exception he is making is, for example, when a report is submitted to the Municipal Finance Officers Association for the Certificate of Performance, or if it is submitted to a Rating Agency, then it does not have to be included. We are complying with the rules of the Auditor General. It is a topic of controversy, for the same reason that you have mentioned. Some cities are not complying with it and the Municipal Finance Officers Association does not like the rule and they are trying to get it changed. The Auditor General is now trying to put in a piece of legislation that is going to be considered in the 1982 session to make it more than rule of his but to make it a part of the Statute requiring it with certain penalties. It is not a professional standard or requirement; it is a rule of the State. Ralph Sanchez, Audit Manager of Alexander Grant & Co. spoke next. He said that the interest on the developers was included and was approximately $220,000. V/M Disraelly said there is approximately $500 of actual earned interest from investments. Mr. Sanchez said, page 64, Item A, relates to the Customer Accounts Receivable at Utilities West. There was a conversion during the middle of the year in which, at the time the conversion was made, there was no reconciliation between the Accounts Receivable Sub- sidiary Ledger which lists out all the customers of the System to the General Ledger. It was not until the year end that the reconciliation was made. They are recommending that the conversion be made on a monthly bases. Mr. Sanchez continued referring to Item B which concerns itself with the interest which wasjust being discussed. It was noted that the interest payments have not been sent out and the reason for it is that the Sub- sidiary Ledgers of the developers were not really maintained properly. They are recommending various procedures and items to be noted on the Subsidiary Ledger that would help the individual who sent out the interest. V/M Disraelly said in the future should not the figure of interest be broken down into two items, one CIAC and one as interest on investments so that this question will not come up again? Mr. Sanchez said it should. He said, on page 65, Item C, are payments in lieu of taxes. In Utility West, the payments that were made during the year were based on the current year water and sewer revenues, where the Ordinance calls for it to be based on the prior year; from now on, it should be based on the prior year. Mr. Sanchez said Item D, concerning Purchasing Procedures, was found to be very much improved over last year. There were two minor items but there was an excellent performance by the individual in charge. On page 66, concerning the Building Permits, it was noted that for lawn sprinklers, there is actually an ordinance and a resolution that are being used which are, in essence, in conflict with each other and some research should be done in order to make a determination of which is the proper document to be used. Tape Attorney Birken said it would have been helpful if the auditors had raised 2 this question with the City Attorney before this was published because there really is not a problem. - 5 - 12/28/81 /pm Attorney Birken said the city has an ordinance that specifically states that all fees shall be set by Resolution and the Resolution implemented that. When the code company codified they just did not take out the language which they should have done. There is no conflict. As a matter of law, there is no question that if there is a conflict the Resolution would control because the ordinance that states that all fees are set by resolution contained a repealer which repeals all ordinances in conflict with that. C/W Massaro suggested that Mr. Sanchez means that there is a schedule of Building Permit Fees that are used for the small projects that do not come under where they have to have estimated costs. There is another schedule that is set by Resolution where estimated costs come into play and that is where they are getting two different rates. Attorney Birken said that this is not so. There is a Chapter in the Code on Irrigation and that Chapter sets out certain rates. That was passed in 1974 when the Council passed the ordinance in 1977 or 1978. All Building Permit Fees are to be set by resolution. This language in the Irrigation Section should have been taken out. Mr. Sanchez said Item F concerns Customer Refunds. Presently, the City Manager has to authorize all refunds under $50.00. This amount should be raised to expedite these refunds. This is everything, not just the Utility, and the amount should be set by the Council. Mr. Sanchez said Item G concerns the undesignated Fund Balance in the General Fund. Tamarac's City Charter designates that the Undesignated Fund Balance or the Unappropriated Surplus can be no more than 10% of the Total Proposed Expenditures of the General Fund Budget of the next Fiscal Year. As of September 30, 1981, that Undesignated Fund Balance was $271,000 over that 10% limit. C/W Massaro asked if this occurred because more money came in than was anticipated. Mr. Sanchez said it was a combination of that plus expenditures not being high. Mr. Emmer said the city's budget is put together in June and at that time there is still July, August and September left and you have to estimate in effect what your surplus is going to be at September 30 so you know what to budget in the next year. Very often these estimates may be off. V/M Disraelly said that under Investments, it was indicated Government Secured Mortgages of $1,454,000. The Market Value is $1,177,000. The Vice --Mayor asked if this $200,000 can not be used to offset the difference between the Market Value of those mortgages. Mr. Emmer answered no. Those mortgages will probably be held to maturity and the Current Market Value is probably over cost right now because at September 30 the rates of interest were still up and they have now dropped somewhat and the market will react because of a yield on those. You can not book the difference between Cost and Market Value as an expense in the government. There are cases where private companies do recognize an unrealized loss under certain circumstances. The City Attorney said there is a sentence in the Charter that followed the one quoted that says, "However, the city may maintain an Unappropriated Surplus in excess of 10% of the General Fund Budget when it receives unanticipated revenues during the Fiscal Year". Mr. Emmer said his understanding is that it says, "After you have established a budget". He said assuming the city established it at the 10% level, then during the year if the city receives money that - 6 - 12/28/81 /pm I was unanticipated, which in effect causes it to go up over 10% that is what that language is addressing. The report is made at the end of the year saying that as of that date when the budget was struck not enough was appropriated. At that point the City was not dealing with unanticipated revenue. Mayor Falck said when the budget is completed it shows anticipated expenses. During the year, Council works hard to trim that amount down and at the end of the year if Council is successful, this will have an adverse effect on it so the decision must be made to accept the budget for what it is worth when it was adopted or work as Council has been working to constantly cut out things that were anticipated. The Mayor said, for instance, the $65,000 reduction on the Workmens' Compensation Insurance was fully budgeted, the amount that the carrier told the city was going to be required to expend for Workers' Compensation during the year of 1981/82. This was reduced to $65,000 just in the last month or so. In addition, there was included in this years' revenues our dividends that normally would not get included until next year. Anticipations are that we want our refunds and our dividends on our audits as quickly as we can get them so that we get the interest earned on those funds rather than have the carrier maintain them for the next 9 or 10 months. V/M Disraelly said the City does not want to become like the Federal Government. C/11 Massaro said this was absolutely wrong in this report. This report should have reflected what was saved during the year that was not necessary to be spent by savings in various ways and how much additional income the City received above what was anticipated because of the fact that rates had gone up and the City had no way to anti- cipate that. The paragraph that Mr. Birken cited makes allowance for that and if this was going to be in here at all, that also should have been included in there. C/W Massaro said the Report is cold, not factual. It is factual in the fact that the funds balance but it gives the impression that the City sinned in saving that money. Mr. Emmer .said the intent of this provision really does not have anything to do with any efficiencies that are gained in the year. What it specifically has to do with is whether the surplus that will be available to the City will be plowed into the subsequent year regardless of how that surplus came about. Whether it came about by saving money or revenues coming in much higher than anticipated is not the issue. What is done with that surplus is really the Charter issue. Mr. Emmer said that most cities do not have a provision such as that in the Charter. What it is saying, in effect, is that a certain amount of that surplus based on that 10% limitation has to be plowed into the next year's budget. It really does not have anything to do with how it got there. V/M Disraelly said it can not be plowed back in 1981/82, it has to be plowed back in 1982/83; which it will be. Mr. Emmer said if the City Attorney will give him an interpretation of this provision, he would discuss it further and Mr. Birken said he would. Mr. Sanchez referred to Page 67 on Shop Parts Inventory. The Physical Inventory of the Shop Parts was $30,000 less than what was actually on the books. This was caused by poor internal controls during the year. The individual was not following procedures that were outlined and poor record keeping resulted. - 7 - 12/28/81 /pm There was a $60,000 Inventory on the books. On Page 6, the Shop Parts Inventory located in the General Fund is considered a Pre - Paid Expense; it is part of the $112,000. Other items listed under Pre -Paid Expense would be Pre -Paid Insurance of $62,000, Gasoline of $16,000 and Miscellaneous Supplies of about $3,000. Steve Wood said there was a Physical Inventory taken at this time to show $31,000 Mr. Sanchez said these are the items that were implemented from our prior year Management Letter; they involve Investment Schedules, Interfund Accounts, Purchasing Procedures, Shop Parts Inventory and Pooled Cash and Investments. Mr. Emmer- said they will,be back in March or April to comment to the Council as to the implementation of these recommendations. C/W Massaro asked if there was anything left over from last year that was not implemented. Mr. Emmer said just the changes in the amount of threshold that the City Manager could authorize refunds; this was in prior years' Management Letters. V/M Disraelly MOVED that Temp. Reso. #2115 to receive and ACCEPT the Financial Statement and Audit Report for the Fiscal Year 1980/81 be ACCEPTED subject to review with the City Attorney regarding the surplus funds and perhaps another statement will be made after that review for Council. C/W Massaro SECONDED. VOTE: ALL VOTED AYE 6. Consent Agenda a) Minutes of 10/28/81 - Regular P7eeting - Approval recommended by City Clerk. b) Mitchell Ceasar - Grants Consultant -- 12/14/81 - $1,250.00 monthly retainer - Approval recommended by City Manager. c) Williams, Hatfield & Stoner, Inc. - Consulting Engineer 5/21/81 - $583.25 - Account 1-106-514W-310 - Approval recommended by City Engineer. d) Alexander Grant & Company - Auditors -- 11/18/81 - services regarding financial statements as of 9/30/81 $9,000.00 - Approval recommended by Finance Director. e) Shailer & Purdy - Special Attorney for Yockey vs. City of Tamarac - 12/8/81 - $211.00 - Approval recommended by City Attorney. f) Muller, Mintz, ICornreich, Caldwell & Casey, P.A. -- Special Legal Counsel - 12/10/81 - $986.30 -- Approval recommended by City Attorney. g) Kruse, O'Connor and Ling, Inc. - Pension Plan Actuarial Studies pertaining to Firefighters and Police Officers 11/25/81 - $1,845.00 - Approval recommended by City Manager. h) Authorization to allow the City Manager to go to bid for Public Officals Liability Insurance. i) Authorization to allow the City manager to go to bid for a Power Purifier for the Computer System. j) Acknowledgment of donation from Sands Point of $500 for Fire Station #1 and $300 for Police Department. k) Water and Sewer Rate Revisions pertaining to club- houses - Temp. Reso. 42097 - Approval for extension of tabling action to 1/27/82 for further review. SYI4OPSIS OF ACTIO14: APPROVED Items a) through k) with j) being designated that the $500 for Fire Station 41 and $300 for Police Dept. must be used for Capital items for use of the Dept. Personnel not in the General Funds for these depts. 8 -- 12/28/81 /pm r E_I V/A2 Disraelly said that the City Attorney has ruled that they do not have to be read. The Vice -Mayor asked the Mayor concerning Item g) on the Consent Agenda, whether this amount comes out of the Pension Plan Funding or the City Funding? Mayor Falck said it comes out of the City Funding. V/M Disraelly MOVED the APPROVAL of Items a)through k) with j) being designated that the $500 for Fire Station #1 and the $300 for the Police Department must be used for Capital items for the use of the Department Personnel and not in the General Funds for those Depts. C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE 7. Bid Award - Fire Department - Temp. Reso. #2122 - Dis- cussion and Possible Action to award a bid for one Hurst Power Tool (Jaws of Life). SYNOPSIS OF ACTIO11: APPROVED Temp. Reso. #2122 awarding the Sid to Fire Fighter Equipment Co. in the amount of $7,571.00. RESOLUTION NO. R -- 2/-,2j70 PASSED. Attorney Birken read the Resolution by title. The City Manager said that two bids were received; one from the Fire Fighter Equipment Co. and another from Fountain Fire and Safety Equip- ment. The Assistant Fire Chief and City Manager recommend the award be made to Fire Fighter Equipment Co. the low bidder for price of $7,571.00. V/M Disraelly said he understands that this piece of equipment is compatible with the equipment currently used and the parts are inter- chanaeahl-. V/M Disraelly 14OVED the ADOPTION of Temp. Reso. ik2122 awarding a bid for the Hurst Power Tool to Fire Fighter Equipment Co. in the amount of $7,571.00. C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE 8. Bid Award -- 1981 Storm Drainage Im rovements - Temp. Reso. #2123 - Discussion and Possible Action to award a bid for storm drainage improvements in Westwood Community 3. SYNOPSIS OF ACTION: (See Pages 24) Held for later in the day - Attorney Birken read the Resolution by title. C/W Massaro said she did not get the letter from the Consulting Engineers on this until now and she respectfully asked that this item be taken later in the day. Mayor Falck said this would be done. _ 12. Salary of City Attorney - Discussion and Possible Action. Temp. Reso. #2128 SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2128 raising the City Attorney 's salary to $52,000 per year effective January 1, 1982. RESOLUTION NO.R - ,j PASSED. - 9 - 12/28/81 /pm City Attorney read the Resolution by title. V/M Disraelly MOVED the ADOPTION of Temp. Reso. lt2128, Section 1 to read "The salary of the City Attorney, Arthur M. Birken is hereby increased to *S2,000 per annuri effective January 1, 1982". C/M Kravitz SECONDED the Mot ua. VOTE: ALL VOTED AYE The City Attorney thanked Council respectfully. 13. Agenda Distribution - Discussion and Possible Action on a request to add certain members of the President's Council to the mailing list. (tabled from 12/9/81). SYNOPSIS OF ACTION: APPROVED to add the Director's of the President's Council to the mailing list for Council Agenda only. This will be handled by the City manager. C/W Massaro referred to a letter received from Jack Stelzer, asking for Council Agendas for the Directors. There are 17 Directors who would be receiving 2 Council Agendas per month at a cost of $6.80 per month. C/W Massaro said if this is correct and what they want, it can be handled administratively. If any more is involved it should then come back to Council V/M Disraelly said that on the list of Directors there are twelve listed and there are 8 Officers. This totals 20 people at a cost of $8.00 per month. C/W Massaro said they will have a good idea by the end of the Fiscal Year as to how this is working out. If there are any more requests, it should come back to Council, otherwise the City Manager can handle this. Mayor Falck said this point is well taken because there are other organizations in the City that may want to request the same thing. C/W Massaro MOVED to add the Director's of the President's Council to the mailing list for Council's Agenda only. This will be handled by Tape the City Manager. SECONDED by C/M Kravitz. 3 VOTE: ALL VOTED AYE 14. Occupational License Fees - Requests for Refund - Discussion and Possible Action on: a) Berliner and Company, CPA - Refund of $140.00 requested paid for a Professional Association license which is not applicable. b) Steven A. Botwinick - Refund of $50.00 requested as he is no longer in business. c) Jackson Minit Market -- Refund of $60.00 requested for reduced inventory. d) South Florida Rax, Inc. - Refund of $70.00 requested as they are no longer in business. e) Terminal Fabrics, Inc. - Refund of $100.00 requested for reduced inventory. f) I.C. Sales, Inc. - Refund of $140.00 requested for overpayment. (tabled from 12/9/81). SY14OPSTS OF ACTION: a) , b) and d) REQUEST DENIED, c) and e) TABLED until next regular meeting, f) APPROVED refund of $130. - 10 - 12/28/81 /pm C/W Massaro suggested taking one item at a time. a) Berliner and Co., CPA -- Refund of $140.00 requested paid for a Professional Association license which is not applicable. The City Manager said that Council has a recommendation from the City Clerk indicating that the request for refund was not appropriate in view of the circumstances she details and she recommends that Council not refund any portion of the fee. C/W Massaro said she would so MOVE that it not be APPROVED. V/M Disraelly SECONDED. VOTE: ALL VOTED AYE b) Steven A. Botwinick - Refund of $50.00 requested as he is no longer in business. C/W Massaro said this is the same situation. Tie was in business at the time. C/W Massaro MOVED that this not be refunded. SECONDED by C/M Kravitz. The City Attorney read from Section 14-28 of the Code which says, "No Portion of any Occupational License. tax herein assessed shall be rebated unless it clearly appears that such license tax was collected by;mistake or error and before making such rebate to a licensee all amounts payable under a proper license shall be paid by such licensee". The City Attorney said if they were doing business on October 1 Council, really does not have much choice under the Code. VOTE: ALL VOTED AYE C/W Massaro suggested taking c) and e) at one time. c) Jackson Minit Market - Refund of $60.00 requested for reduced inventory. e) Terminal Fabrics, Inc. - Refund of $100.00 requested for reduced inventory. C/W Massaro MOVED that these two items be TABLED in as much as they have not responded to the City Clerk's request for information. This will be TABLED until the next regular meeting. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE d) South Florida Rax, Inc. - Refund of $70.00 requested as they are no longer in business. C/W Massaro MOVED that this should be REJECTED as they were in business at the time. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE f) T.C. Sales, Inc. - Refund of $140.00 requested for overpayment. (tabled from 12/9/81). C/W Massaro said they did owe $28.00, they paid $140.00 in error because they included money to be sent to other cities. Tamarac's fee for consideration of these items is $10.00 so that it is $38.00 that must be deducted from $168.00; therefore, a refund of $130.00 would be appropriate.. C/W Massaro so MOVED, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 12/28/81 /pm I L . 7 37. Isles of Tamarac - Discussion and Possible Action regarding trees planted within the median on McNab Road by the developer. SYNOPSIS OF ACTION: TABLED until next regular meeting provided that the trees are removed from the median. Fryman Brodsky, Vice -President of Schmidt Industries addressed the Council. lie said he is present to request the return of $16,000 to Schmidt Industries which has completed all of its punch lists and obligations under its Warranty Developer's Agreement. He.. referred to a letter from the City Engineer stating that obligations have been completed and fulfilled. Mr. Brodsky said Schmidt Industries has nothing to do with the trees that have been mentioned. Mr. Glusman has planted these trees and, Mr. Brodsky said, will remove them at Council's request. C/W Massaro said this money was held to guarantee this particular item of the trees as well as the other work. They were either to install a curb or remove the trees. They were given consideration because of the fact that the shopping center was going in and not wanting to add to anyone's costs but the time has come when the City is in jeopardy of a possible liability if something does occur there. C/W Massaro asked the City Attorney if these trees were on the DOT list and whether this would hold true if a curb were put in. Mr. Birken said according to the City Engineer who reviewed the DOT specifications, a curb would really not make much of a difference. The trees need to be removed. Ultimately, in some point of time, this should be done. C/W Massaro MOVED to TABLE this item to the next meeting so that Council can check as to what was said about guaranteeing the removal of the trees from the median. Mr. Brodsky said that these trees were planted by Mr. Glusman and he has been getting bids to remove the trees. This should be done next week. These trees are being relocated around the clubhouse. Mr. Brodsky asked if Council would give approval subject to the removal of the trees on the $16,000 refund. C/W Massaro said that this item is not on the Agenda and is not being discussed at this time and no review has been given to this. These fees are always released at the appropriate time. There should be no problem with the refund of the money as far as the Engineering work is concerned. Mr. Brodsky asked if these trees could be planted around the clubhouse without problems later. C/W Massaro said this should be discussed with the City Attorney, and before the trees are removed,since there is a heavy penalty with the County as well if trees are destroyed, they should be marked and the Engineering Department should determine whether they should be destroyed or not. V/M Disrael_ly SECONDED C/W Massaro's MOTION. VOTE: ALL VOTED AYE 39. Mainlands Center - Revised Site Plan - Discussion and Possible Action on a Revised Site Plan for a directory sign. SYNOPSIS OF ACTION: APPROVED subject to them marking the location of sign on Revised Site Plan 10' from Right -of -Way. - 12 - 12/28/81 /pm I V/M Disraelly said Jeff Cooper called and this is a Revised Site Plan for the location of a directory sign. V/M Disraelly MOVED the APPROVAL of the Revised Site Plan subject to the marking of the proper location 10 feet from the right-of-way. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 36. Pines III (Woodmont Tract 54) - Model Sales Facility - Discussion and Possible Action to renew a permit for the use of a model sales facility at another location. a SYNOPSIS OF ACTION: Held for the afternoon (See pages 23 & 24) V/M Disraelly said it is not indicated what other location or for what other use this model sales facility is requested. C/W Massaro said she will call Eugene Toll of Toll Development Corp. and request that he either come in in the afternoon or explain over the phone where this model sales facility will be located and for what purpose. 35. Marshall's Plaza - Possible Action on enclosure. SYNOPSIS OF ACTION: TABLED until next regular meeting. City Attorney will send letter to them advising them of importance of their appearing before Council. Revised Site Plan - Discussion and a Revised Site Plan for a compactor V/M Disraelly said Mr. Farrell is out of town but someone from Marshall's Plaza should be present and this Revised Site Plan should not be approved without much discussion. V/M Disraelly said some of the things that should be discussed are: The ground sign that they have there is not the ground sign that they promised to put up. It should be clarified what they are going to do and how soon they are going to do it. They have taken care of nothing at that location. Mr. Greg Darby said that things are out for bid and a time should be. established to have someone before Council for .discussion of these items. V/M Disraelly said what he personally does not like is that all the things promised as far as the clean-up of the dumpsters and other matters have never been done. C/W Massaro asked if someone could call -and ask to have someone present in the afternoon. Mayor Falck suggested tabling this to the next meeting. V/M Disraelly MOVED to TABLE this until the next meeting. The City Attorney will send a letter to Marshall's Plaza advising them of the importance of their appearing before Council at the January 13, 1982 meeting. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 13 - 12/28/81 /pm 4. City Photogrraj2her - Announcement of vacancy of the positions of City Photographer and Assistant Photographer. SYNOPSIS OF ACTION: Vacancies announced. Appointments to be made at future meeting. Mayor Falck made the announcement of vacancy of the positions of City Photographer and Assistant City Photographer and said applications should be filed for consideration. C/M P.ravitz said he sent a memo to Council that there are two applicants already submitted: / Samuel Tepper - City Photographer Norman Karr - Assistant City Photographer Mayor Falck suggested considering this as an item of business for the January 13th meeting. 5. Public Information Committee - Discussion and Possible Action on the appointment of two members of this Committee by Temp. Reso. #2103. SYNOPSIS OF ACTION: TABLED until next meeting while Council comments are put into memo form. Attorney Birken read the Resolution by title. V/M Disraelly said before any appointments are made, out of respect to the Chairman of the Committee, the names of the people who applied should be given to him to be interviewed. This is a working committee not a policy -making committee and their qualifications should be considered. The Chairman of this Committee should submit to Council the names of those qualified in a 1-2-3 order. C/W Massaro said this is a good suggestion since there is much work involved and he has to work with them. C/M Kravitz said it is a good suggestion but Council is deviating from every other committee. Every Chairman has an opportunity to review the names and make recommendations but the Chairman of the Committee should not do the interviewing 'and say who they want; this should be the prerogative of Council. C/M Kravitz said the purpose of the liaison is to inform Council what goes on in a Committee. He said they should not open a policy where a Chairman of a Committee does the interviewing. Every member of Council should do the interviewing. C/W Massaro said that Council always has that right. It is very important that the Chairman be given the authority to also interview them. This Committee is different than most committees in the City and the Chairman's input is important for Council. C/W Massaro MOVED this item be TABLED to next regular meeting and that discussion that was held here be put into memorandum form by the City Clerk as soon as possible. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE - 14 - 12/28/81 /pm P-Zs. Mari Kelch spoke to the Council next about the PIC Agendas. She said there should be a better distribution plan. The Agenda is written on the day of the Pre -Agenda Meetings and it is typed and distributed and available on Monday of the Council Meeting weeks. V/M Disraelly asked why this was done on the Pre -Agenda Day? Ms. Ketch said the way it is set up now,'it'is only reporting on a very few items and mentioning what was done at the previous meeting and an occasional announcement about special events. She said it has very little value when it reaches a few people two days before a meeting. She said something should. :be done by the City Clerk's office or someone to get these notices -)ut to clubhouses. C/W Massaro said Community Services should do this. She also asked the reporters present if they would put this in their columns. Ms. Kelch said as far as the general public is concerned, the informa- tion in this PIC Newsletter is practically nil. She said if Council were to come into a meeting expecting to have some response from something that was in the PIC Newsletter, it would not be possible. V/M Disraelly said perhaps the PIC Newsletter should be reviewed. Tape Morton Student said that the position of City Photographer should be 4 advertised in the newspaper as a volunteer position. Applicants can apply and Council can review their application or resume along with pictures they have actually done. 15. Toxic Chemicals and Containers - Temp. Reso. #2115 - biscussion Pertaining Possible to legislation g g toxic chemicals and containers. SYNOPSIS OF ACTI014: APPROVED RESOLUTION NO. R - 9/PASSED. Temp.. Reso. #2115 Attorney Birken read the Resolution by title. Mayor Falck said this has been up before the Council previously per- taining to containers that are specifically dumped around. This is simply requesting Congress to make whatever investigations as may be appropriate for them to make sure that these containers are being disposed of properly. Several of the municipalities in Broward County, especially in northwest Broward County, where streets or highways have been used to transport containers to a different location. They have been passing resolutions and Tamarac has been asked to consider, and we did consider it before, at the request of the South Florida Regional Planning Council, and took appropriate action, and this is simply a resolution restating what has been stated previously and urging Congress to take whatever action as may be necessary to protect the interests of the people. C/W Massaro MOVED the ADOPTION of Tem Reso. 02115. SECONDED C/M Kravitz. VOTE: ALL VOTED AYE MEETING WAS RECESSED TO 1:30 P.M. FOR LUNCH. - 15 - 12/28/81 /pm COMMUNITY DEVELOPMENT 44. Tamarac Shopping Plaza - Discussion and Possible Action, located at 6666 N.W. 5/thS-Fr-e-et. SYNOPSIS OF ACTION: Approved subject to conditions. Barbara Shurpin, attorney for Abel & Shapiro,, stated that the dumpster requirement has been complied with and there will be daily pickup starting Monday, January 4 by the garbage disposal company. They will be required to hose down the enclosed area at least once a week. V/M Disraelly said the tenants are still continuing to violate the health code requirements and trash is still strewn ail over. Ms. Shurpin said a letter will be sent out to all the tenants informing them that they are in violation of the health code. C/W Massaro asked the City Attorney if the Code Enforcement Officer can cite the tenants or the owner. Mr. Birken said the Health Department can take action against the restaurant. The City may want to notify the Health Department of the problems that are existing. Mr. Miller, Chief Building Official, inquired of the developer if he built a new dumpster. V/M Disraelly explained that the developer had brought in a site plan for a larger dumpster enclosure and now conforms to the latest ordinance. Mr. Miller said he would inspect it just to be certain. Ms. Shurpin said L Host& ria permit was pulled prior to date and parking lot lights will be in conformance after atree has been trimmed. V/M Disraelly requested Al Miller to take alight meter and check compliance with the City's parking lot lighting requirements. Ms. Shurpin stated that the only issue left is the bond and concrete sidewalk. She said Mr. Abel now will put the sidewalk in within 5 months of this date and requests the waiver of the bond. C/W Massaro asked the developer if he would be willing to curb his side of the median and the bullnose in exchange for a one year period to install the sidewalk. V/M Disraelly requested the developer to install extruded concrete curbing. Mr. libel asked V/M Disraelly what the length and cost would be. V/M Disraelly said it would involve 200' including the corner turn of 6' and would cost $3.00/ft. and said Public Works would provide the name of a contractor. mr. Abel expressed he was in agreement with Council's arrangement. C/W Massaro MOVED that the Tamarac Shopping Plaza be given an extension of time for the installation of the sidewalk as required for their amended site plan subject to their installing the curbing on the south side of the median on 57th St. from the Riverside Chapel to the intersection of 66th Terr., completing the bullnose and running back an additional-6 feet beyond the arc on the north side. This curbing is to be completed within either 30 days from today or before a final inspection of L'Hosta.ria Restaurant work, whichever comes first. Council will waive the requirement for a band for the curbing and for the installation of the sidewalk. The sidewalk is to be installed within one year from the date of original approval (November 30, 1991). All other requirements remain the same as when the amended site plan was approved. The sidewalks referred to are those required on the original amended site plan on 57th St. and 66th Terr. V/M Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. e PUBLIC,HEARINGS 18. Charter Amendment - Temp.00rd. #936 - Discussion and Possible Action to amend Sections 6.02 and 8.01 of the City Charter by modifying requirements for the qualification and election of Charter Board members and the filling of vacancies and by providing a method of filling of extraordinary vacancies, as proposed by the Charter Board. Second Reading. SYNOPSIS OF ACTION: Approved ORDINANCE O- as amended on second reading. PASSED -16- 12/28/81 cb/ Arthur Birken read Temp. Ordinance #936 by title. Mayor Falck opened the hearing to the public. Melanie Reynolds, resident, asked Mr. Birken if he had checked with the governor concerning vacancies on the Charter Board. Mr. Birken said he had checked with the governor with regard to appointing:va.caneies-.'oft.,the:Charter Board and the answer was no. He felt that any remaining members of the Charter Board should make the appointments and the language proposed is viable and the governor would act in a reasonable manner if there was a calamity of this sort. Melanie Reynolds mentioned that back in 1972 two openings existed and the Charter*Board appealed to the Attorney General and saw no reason why this could not be followed again. C/W Massaro said she was not in favor of the governor appointing replacements and special elections because of the large expenditure involved. She said whoever is there,let them make the appointment,and felt that paragraph should be removed. TAPE Virginia Taylor, resident, said the reason for having a Charter #5 Board is taking the 'time to really consider amendments to the Charter and if such a catastrophy happens to the Charter Board, there is nothing so vital as to spend a great amount of money for replacement of the Charter Board people. She saw no reason why it couldn't even be dispensed with for most -of the term. If the Charter Board cannotdo it, then the Council can do it for themselves. She at no time felt that the City was so important as to ask the governor to make replacements. V/M Disraelly asked Mr. Birken if he had spoken to the Governor's office and Mr.. Birken replied that he did not. V/M Disraelly thought Mr. Birken had said he did. Mayor Falck closed the public hearing. C/W Massaro MOVED that Temp. Ordinance #936 be approved on second reading subject to removal of Lines 15 through 20 on Page 2, removal of a portion of Lines 5 and 6 in the title. On Line 25 & 26, after "elections" put a question mark and remove the rest of the ballot question. V/M Disraelly SECONDED the. Motion. VOTE: ALL VOTED AYE. 19. Buaet Amendment - Tem Ord. #943 - Discussion and Possible Action on amendment to the General Fund Budget for Fiscal Year 1981/82. Second Reading. SYNOPSIS OF ACTION: Approved ORDINANCE O- -( PASSED on second rea ing. Arthur Birken read Temp. Ordinance #943 by title. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Disraelly MOVED the approval of Temp. Ordinance #943 on second and final reading and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 20., Board of Adjustment - Tem .Ord. #909 - Discussion and Possible Action to amend section 28-17 of the Code by modifying the information required for such notice. Second reading. SYNOPSIS OF ACTION: Approved ORDINANCE 0- - ram PASSED on secon rea 1ng. Arthur Birken read Temp. Ordinance #909 by title. Mayor Falck, opened the discussion to the public, and closed it because there were no comments received. -17- 12/28/81 cb/ V/M Disraelly MOVED the adoption of Temp. Ordinance #909 on second reading and C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 21. Zoning Regulations - Temp. Ord. #913 - Discussion and Possible Action to amend Sections 28-57(a) and -28-58(c) of the Code by removing references to three-story bii!Hings it R-3 r,ow- Density Multiple Dwelling Districts pertaining to street yard setbacks and distances between buildings. Second reading. SYNOPSIS OF ACTION: Approved ORDINANCE 0- ZI 6 g PASSED on second reading - Arthur Birken read Temp. Ordinance #913 by title. Mayor Falck opened the discussion to the public. Morton Student, resident, inquired as to why a 3-story building would be allowed next to a low density multiple dwelling. V/M Disraelly explained this is a housekeeping ordinance and because there was an error in the original plot size and the City is now correcting it. Mayor Falck closed the public hearing since no other comments were received. V/M Disraelly MOVED the adoption of Temp. Ordinance #913 on second reading and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 22. Construction of Dum sters - Temp. Ord. #921 - Discussion and Possible Action to amend Section 7-30(8-10) of the Code to require that dumpsters within multi -family developments have gates and door for access by residents. Second reading. SYNOPSIS OF ACTION: Approved ORDINANCE O- --(,a PASSED as amended,on second reading. Arthur Birken read Temp. Ordinance #921 by title. He stated that on line 17, page 1 the word "constructed" is not clear. Does this apply to nronprties that alreaey have permits or which are going to obtain a permit: C/W Massaro suggested the change to read: "All interior trashrooms to be constructed after January 1, 1982,....". Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Disraelly MOVED the adoption of Temp. Ordinance #921 on second and final reading'as amended. C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 23. Utility Billings -W Temp. Ord. #937 - Discussion and Possible Action to amend Section 27-19 of the Code by modifying the time periods for mailing of late notices and for disconnection from the City System. Second reading. SYNOPSIS OF ACTION: Approved ORDINANCE O- g - PASSED on second reading. Arthur Birken read Temp. Ordinance.,#937 by title. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Disraelly MOVED the adoption of Temp. Ordinance #937 on second reading and C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. -18- 12/28/81 cb/ 24. Expense Reimbursement - Temp. Ord. #942 - Discussion and Possible Action to provide for the reimbursement of luncheon expenses to the members of the Planning Commission. Second reading. SYNOPSIS OF ACTION: Approved ORDINANCE O- �r�� PASSED on second reading. Arthur Birken read Temp. Ordinance #942 by title. Mayor Falck opened the discussion to the public. Morton Student, resident of Tamarac., was opposed because if this applies to one committee then the other committees would expect it. Melanie Reynolds,.resident of Tamarac, stated that under Chapter 112.061, subparagraph 5, no allowance shall be made for meals when travel is confined to the City or town of the official headquarters or immediate vicinity and that law has not been changed. Arthur Birken said his opinion that Chapter 112 states that the provisions that Mrs.. Reynolds cited will control unless there is a City ordinance to the contrary. This proposed City ordinance to the contrary, in which event for the particular municipality, the ordinance would control. In most cases that is not the case, but this statute specifically recognizes the authority of the City to define some of the terms of Chapter 112, if that is the desire of the City. Melanie Reynolds asked Mr. Birken was it not true then that the people will declare that on their income tax? Arthur Birken said he didn't believe the City Council monitors the income tax of the members of the Planning Commission and thought that,is a matter which they will have to deal with on an individual basis. Mayor Falck closed the discussion to the public, because there were no other comments received. C/W Massaro MOVED the adoption of Temp. Ordinance #942 on second and final reading and V/M Disraelly SECONDED the Motion. C/W Kravitz said he didn't have anything against any committee who spends money for the good of the City. However, he felt that the City was setting a precedent and was not doing it with all committees. C/M Kravitz said that although the Planning Commission does an outstanding job they should not stay all day but stay 3 hours and reconvene the next day where they would not have to be a.t City Hall for lunch.. He.'personally thought it would be wrong to start giving any one committee an exception for paying for their meals and the others not. V/M Disraelly stated that it is almost mandatory for the Planning Commission to spend a whole day here; public hearings normally take place after 2:00 p.m. He further stated that to ask these People to work 2 days a week instead of 1 day a week may be incumbent upon them to resign. He would hate to see any of the present members of the committee resign because they couldn't afford to give up 2 daysa week for the job and was sure some of them would not want to work 2 days a week. C/W Massaro said the Planning Commission is a highly specialized field and the City was fortunate in having.people who are know- ledgeable in this field and it is a difficult thing to get people who really know planning and zoning and have had the experience in the past. She stated that there is more work on the Planning Commission than most cities have probably because Tamarac is a growing City and growing very fast. VOTE: Councilman Kravitz - Nay Councilwoman Massaro - Aye V/M Disraelly _ Aye Mayor Falck - Aye -19- 12/28/81 cb/ 25. Tamway/Graystone Corp. - Rezoning Petition #23-Z-81 - Discussion and Possible Action to rezone the recreation parcel at Fairways III located at the southeast corner of Lagos de Campo Boulevard and NW 84 Terrace, from R-4A to S-1, by Temp. Ord. #940. Second reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application. SYNOPSIS OF ACTION: a)Accepted; ORDINANCE O- ?/-- 7 ' PASSED b) Approved on second reading. Arthur Birken read Temp. Ordinance #940 by title. Mayor Falck opened the discussion to the public. Hilda Gianfolo, President of the Association for the Fairways of Tamarac Phases I and II, objected to the use of the name Fairways of Tamarac Phase III by Tamway Corporation of this particular parcel. V/M Disraelly askedHarvey Kaliff, developer, what has been done with regard to model sales and the sign. Mr. Kaliff said his partner has been handling this, who is out of town at the moment, and believes the :application is in to Beautification. V/M Disraelly indicated that Council action stated the application was to be in for the meeting of December 21 and as of today is still not. V/M Disraelly checked with Beautification and confirmed that nothing has been received. Mayor Falck closed the discussion to the public, because no further comments were received. a) C/W Massaro MOVED the acceptance of Affidavit of Publication and Affidavit of Posting and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. b) C/W Massaro MOVED the adoption of Temp. Ordinance #940 on second and final reading. V/M Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 26. _Lakes of Carriage Hills - Easement Vacation - Petition #2-V-81 - Temp. Ord.#944 - Discussion and Possible Action to vacate an easement located on the east side of Sabal Palm Blvd. North, within Parcel A of this proposed development, north of and adjacent to Sabal Palms Condominiums. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable legal documents. TAPE Mayor Falck announced that the publication costs have not been #6 made on Items 26 through 32. C/W Massaro said she would be reluctant to act on this until she has seen legal documents previously required. Arthur Birken read Temp. Ordinance #944 by title. Mayor Falck opened the discussion to the public and closed it since there were no further comments received. C/W Massaro MOVED that this item be tabled until such time as Council has seen legal documents t4at are applicable to this project and V/M Disraelly SECONDED the Motion. Dan Oyler, Engineer of Craven & Thompson, stated he has been working on the option agreement for the S-1 area and the other is the flow -through easement. The option agreement was delivered to Mr. Birken's office. Glenn Smith and Mr. Birken have been working on both of those agreements and it should be in Council's office very shortly. He didn't think these items should be Postponed when these two items really have no relationship or bearing to those two agreements. -20- 12/28/81 cb/ C/W Massaro said the legal documents are the meat of this whole subject and this precludes any final element of their approvals. VOTE: ALL VOTED AYE. 27. Lakes of Carriage Hills - Easement Vacation - Petition#3-V-81 Tem . Ord. #945 — Discussion and Possible Action to vacate an easement located on the west side of Sabal Palm Blvd. North, within Parcel B of this proposed development, north of and adjacent to Gardens of Sabal Palms. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable documents. Arthur Birken read Temp. Ordinance #945 by title. Mayor Falck opened the discussion to the public. Dan Oyler, Engineer for Craven & Thompson, asked Council if he would still have to provide the City with flow -through easements even though.they were going to permit that whole lake as one phase and digit all at once. C/W Massaro said it would be necessary. Mayor Falck closed the discussion to the public. C/W Massaro MOVED that the Item be tabled until such time as Council has seen legal documents that are applicable to this project and V/M Disraelly SECONDED . VOTE: ALL VOTED AYE. 28. Lakes of Carriage Hills - Easement Vacation - Petition #4--V-81 Temp. Ord. #946 - Discussion and Possible Action to vacate an easement located on the west side of Sabal Palm Blvd. North, within Parcel B of this proposed development, north of and adjacent to Gardens of Sabal Palms. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable documents. Arthur Birken read Temp. Ordinance #946 by title. Mayor Falck opened the discusion to the public and closed it because no further comments were received. C/W Massaro MOVED the tabling of #4-V-81.until such time as Council has seen legal documents that are applicable to this project and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 29. .Lakes of Carriage Hills - Easement Vacation - Petition #5-V•-81 Temp. Ord. #947 - Discussion and Possible -Action to vacate an easement located on the west side of Sabal Palm Blvd. North, within Parcel B of this proposed development, north of and adjacent to Gardens'of Sabal Palms. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable documents. Arthur Birken read Temp. Ordinance #947 by title. Mayor Falck ripened the discussion to the public and closed it because no further comments were received. C/W Massaro MOVED that petition #5-V-81 be tabled until such time as Council has seen legal documents that are applicable to this project and'applicable to this project and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. -21- 12/z8/81 cb/ C. 1 30. Lakes of Carriage Hills - Easement Vacation - Petition 46-V-81 Temp. Card. #948 - Discussion and Possible Action to vacate an easement located on the west side of Sabal Palm Blvd. North, within Parcel B of this proposed development, north of and adjacent to Gardens of Sabal Palms. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable legal documents. Arthur Birken read Temp. Ordinance #948 by title. VOTE: Mayor Falck opened the discussion to the public, and closed it because no further comments were received. C/W Massaro MOVED that Petition #6-V-81 be tabled until such time as Council has seen legal documents that are applicable to this project and V/M Disraelly SECONDED. ALL VOTED AYE. 31. Lakes of Carriage Hills - Easement Vacation - Petition #7-V-81 Temp. Ord. #949 - Discussion and Possible Action to vacate an easement located on the east and west sides of Sabal Palm Blvd. North, within Parcel A and Parcel B of this proposed develop- ment, north of and adjacent to Gardens of Sabal Palms and Sabal Palm Condominiums. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable legal documents. Arthur Birken read Temp. Ordinance #949 by title. Mayor Falck opened the discussion to the public, and closed it because no further comments were received. C/W Massaro MOVED that Petition #7-V-81 be tabled until such time as Council has seen legal documents that are applicable to this project and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 32. Lakes of Carriage Hills - Easement Vacation - Petition #8-V-81 Temp. Ord. #950 - Discussion and Possible Action to vacate an easement located on the east side of Sabal Palm Blvd. North, within Parcel A of this proposed development, north of and adjacent to Sabal Palms Condominiums. Second reading. SYNOPSIS OF ACTION: Tabled to January 13, 1982 or until Council receives applicable legal documents. Arthur Birken read Temp. Ordinance #950 by title. Mayor Falck opened the discussion to the public, and closed it because no further comments were received. C/W Massaro MOVED that Petition #8-V-81 be tabled until such time as Council has seen legal documents that are applicable to this project and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 33. Lakes of Carriage Hills - Rezoning Petition #22-Z-81 - Discussion and Possible Action to rezone lands on the east side of Sabal Palm Blvd. North, approximately 680-feet south of Bailey Road, and extending eastward from Sabal Palm Blvd. East approximately 480-feet and being north of Sabal Palm Condominium Apartments, from R-4A to S-1, by Temp. Ord. #953. First reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing. b) Consideration of Application. -22- 12/28/81 cb/ ►. J SYNOPSIS OF ACTION: a) Accepted, and b) Approved on first reading. Arthur Birken read Temp. Ordinance #953 by title. Mayor Falck opened the discussion to the public, and closed it because no further comments were received. a) C/W Massaro MOVED that the Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing be approved. V/M Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. b) C/W Massaro stated since this is the first reading she had no objection to acting on this provided everything else would be taken care of before second reading and so MOVED. V/M Disraelly asked the City Planner if the Phase Line is involved as well, which he replied, it is included in Phase I of the developer's construction. Mr. Rubin stated that Council reviewed the overall application on December 9, 1981 and at that time found that this site plan showing the clubhouse conformed with all the development review regulations and the rezoning was in conformance with the City's code. C/W Massaro said she wanted to include in the MOTION that all of the development review requirements have been met and V/M Disraelly SECONDED the MOTION. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 34. Woodview Tract 38 - Discussion and Possible Action on: a) Modification of the Water and Sewer Developers Agreement. b) Release of warranty bond posted for on -site and off -site improvements by Temp. Reso. #2126. SYNOPSIS OF ACTION: a) Approved as amended. b) Approved. RESOLUTION R- g/ - C5 PASSED a) Arthur Birken said he sent Council a memorandum on December 11 which explained Mr. Grossman's request for relief and a draw down of ERC's. He said Mr. Grossman is up-to-date on his interest payments. V/M Disraelly said the request to defer take down of 25% for one year from last August was not an unreasonable request, being that this was done previously for another developer. V/M Disraelly MOVED that the request to take down 25% be extended to August 1982 and C/W Massaro SECONDED. Arthur Birken stated that the MOTION should include: Developer will amend or reexecute a new Developers Agreement and appro- priate City officials will be authorized to sign and record it. Guaranteed revenues would still be due 2 years from original contract and monthly payments would continue. V/M Disraelly agreed to include these statements in his MOTION & and the SECOND agreed also. VOTE: ALL VOTED AvE b) Arthur Birken read Temporary Resolution #2126 by title. C/W Massaro MOVED the adoption of Temp. Resolution. #2126 releasing the warranty letter of credit and V/M Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 36. Pines III (Woodmont Tract 54) - Model Sales Facility - Discussion and Possible Action to renew a permit for the use of a model sales facility atanother location. SYNOPSIS OF ACTION: Renewed for 6 months from January 8, 1982. -23- 12/28/81 cb/ I C/W Massaro said she called the developer and Pines III has no model sales and it is exactly the same permit that they had before under Cypress III. V/M Disraelly said how could a developer show a picture of a single family home out of a condo. He said originally the City ordinance said"if it were an identical piece of property"and thought the ordinance has to be reviewed. V/M Disraelly said the model sales is supposed to be to sell what you have right there; not to sell every where in the City. V/M Disraelly MOVED to extend the permit 6 months from the date that it expired and C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 8. Bid Award - 1981 Storm Drainage _Improvements - Temp. Reso.#2123 Discussion and Possible Action to award a bid for storm drainage improvementsin Westwood Community 3. SYNOPSIS OF ACTION: Approved RESOLUTION R-�.a2 g� PASSED awarding bid to Del Ricco Brothers Construction in the amount of $126,372.50. Larry Keating said the recommendation has been made to award the contract to the lowest bidder, Del Ricco Brothers Construction Company. He said their references were excellent. C/W Massaro asked the City Engineer if these prices include moving landscaping, etc. Mr. Keating said that Westwood 3 has very little of this type of work. V/M Disraelly MOVED the adoption of Temp. Resolution #2123 awarding the bid to Del Ricco Brothers Construction in the amount of $126,372.50 and C/W Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENTS 38. Drainage Im rovements in the City - Discussion and Possible Action. SYNOPSIS OF ACTION: Report by City Engineer. Mayor Falck reported that a meeting will be held with Sunflower residents on Friday, January 15th at 1:30 P.M. L. Keating, City Engineer, said he was presently working on the design for the Sunflower project and it the timing is right perhaps he could have the package ready and request approval to go out for bid at the Jan. 15th meeting. He stated that with regard to Sunflower, all the new facilities will not require easements for construction and the City will be saving $150,000 with the new design. C/W Massaro requested Larry Keating to check with the County with regard to the flooding conditions east of 441 and Commercial Rlvc�., on the side avenue. Mr. Keating stated that during the a.ry season - ^situation by St. Rd. 7 wii11 be worked on. TAPE 43. Woodmont Plaza - Discussion and possible action to approve #7 installation of a precast concrete louvered fence in lieu Of solid stucco fence. SYNOPSIS OF ACTION: Denied. (See pages 27 and 28 ) Arthur Birken brought to Council's attention that Mr. Eden's request for a precast concrete louvered fence was prohibited according to provisions in Sections 6_12 and 6-45 of the City Code. -24- 12/28/81 cb/ L C/W Massaro MOVED the petition be denied, inasmuch as the City does not have the ability to waive action. V/M Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 1921Y011*31 40. City Council The following is verbatim as ?equested by Councilman Kravitz and Councilwoman Massaro: C/M Kravitz: Yes Mayor,I have one report in reference to the Welcoming Committee. It is the intention that right after New,Years we will call. a committee report from the Welcoming Committee in addition to the 4 people that were appointed by Council at the last Council Meeting and come up with any recommendations and a written report will be sent to Council to study prior to the January 27th meeting of Council. Then in their judgment they can use whatever they feel the memorandum says and vote accordingly. But a meeting will be called and the entire committee and the 4 will be called in. I do want to bring up another item which I brought up at the last Council Meeting and I want again preface my remark. I think the Festival of Lights is a marvelous pro.ject.and.I would certainly hope that it continues for many, many years in the City of Tamarac. However, I don't think it's a .good way of handling it when a person on Council is not only a member but a chairman of a committee and another member of Council doesn't even know what is going on. I speak for myself only, I don't know about other member of Council. I have never seen actually the program until after the event. I never knew what was going on. I saw a list of contributors. Council has never approved, whether we want to accept those contributions, whether it was made in the form of cash, merchandise or whatever, that the merchandise or whatever came in, whether it was kept in City Hall or in a private residence, which I don't feel is the proper way of handling it. In view of that I want to make it known and on the record and I hope that the City Clerk when it's recorded will record it in full, so that it's on the record and not abbreviated. I want to go on record that I am opposed to any committee in the City which does not report to Council what's going on, that it be different than any standard of any committee where one committee has to get it accepted for contribu- tions, appointment of committees, where people were put on committee, taken off the committee. Nobody knew changes were made and I think it,is wrong that Council doesn't know what is going on. Therefore, I would hope in the future that we go in the regular course where Council appoints a committee and at their discretion either add or delete from that committee, not one person on Council. Again I reiterate'Mr. Mayor and Council I feel that the committee in itself is definitely a worthwhile project and I find no fault with it; it's just the way it was run this year. C/W Massaro: It is peculiar that the Councilman didn't have any complaint about it last year and it was handled exactly the same way. The only difference was that he was Master of Ceremonies and other than that there was absolutely nothing different about the committee or the manner in which it conducted itself and the reports or anything else that occurred. Nothing, absolutely nothing was different and because he did not become the Master of Ceremonies, so much fault was found. That's fine, that's alright. He can next year do it himself and I won't find fault with him either and I think it will be great if he just takes it over and does it because I didn't exactly relish the idea except that when it was handled previously there were all kinds of problems -25- 12/28/81 cb/ with it and certainly was a disgrace. Unfortunateiy, we had cold weather but at the beginning of the program we certainly had a full house and we would have had people out in the street. There would have been that many this year for it. A report is coming in, of course, and when this was first started, and I want my remarks on the record too, every damnone of them. When this was first started Councilman offered to use his garage to house the gifts and the only reason I didn't agree to that was because I was afraid of .the weather and what it might do to the gifts. But that certainly wouldn't have been in City Hall either and some of these remarks I find really insulting, but it was actually inside my home, not in the garage or any where but inside my home so that they were taken care of properly and I knew where they would be. C/W Massaro:Every single gift, every person that donated anything, the report will show exactly what they gave whether it was merchandise or whether it was cash or.whether it was a check. We even indicated if a person gave without any name, because there was one person who said"I don't want my name on there at all." They gave the money to Ann and it was identified as anonymous. So a report will come through with every single name of every person that gave and what they gave and how they gave, whether it was a gift,a check or what became of the gift because there was one certificate that was sold for the same amount as the value of the certificate and that money was turned in and indicated that the certificate was sold to someone, used and the money turned in for it. There was another gift that was given that was not appropriate to give out as a gift so .it was sold to someone and the money turned in. I didn't prepare a report yet, first because of the holidays, secondly, that even as late as today a check came in. I see it& on my desk yet. I turned in two checks this morning and another one came in this afternoon's mail for $50.00, so there was no point in sending in a report before every thing came in. V/M Disraelly: When that happened last year wasn't there an escrow account setup for the succeeding year for that money? C/W Massaro There was money, $300. 00, left over and it was an escrow account next year and this year I am going to be asking that something different be done but didn't want to do that until such time as I brought in a report.. I would have in view of some of the remarks that have been passed. If it was possible to do it in good conscience, I would have spent every damn penny of that money rather than to subject myself and to allow someone else to benefit because I will never run it again. I would like to see who is going to go out and do what was done to raise money for this. I think you!L-e a miserable person and I like that in the record too and there will be a lot of money left over, a great deal, because of the response from people. They loved the idea, they liked what they saw last year and was unfortunate because of the weather or you would have seen some turnout this year but we have a vast amount of money left over, much more than last year because of the way money came in. All I have to say is thanks very much for nothing. C/M Kravitz:Mr. Mayor I.don't want to debate the issue. I wouldn't say I'm surprised at the remarks and'I brought out that I felt it was wrong in the procedure in the City. We don't do those things, I never offered my garage, its not important. C/W Massaro:How dare you sit there and lie. C/M Kravitz:May I speak? C/M Massaro'1oalmay& �1�lpj�es ru la he t YYa I ��ht try to enforce my thoughts on you, Councilman Massaro and I wish you wouldn't either because I don't abide by your decisions. I don't think it is pertinent and I don't think we should get to that stage. If you don't agree with my thinking,and I don't agree with yours, I don't think this is the place to bring it out. I would.,prefer not to discuss personalities. I just bring out the fact as I said, if its proper to keep merchandise of the City in the City, I would like it kept in the City. If the Council is to approve donations, I would like it approved by Council. If we are to receive reports prior to an event I would like to receive it prior, not after the fact and I don't think that& too much to ask from anyone handling anything for the City. If the Councilwoman feels that I'm a miserable person I won't answer that question but I have my own thoughts about Councilwoman and I would like to drop the subject. C/W Massaro:l'm not going to drop it and yes I'll answer you - I think youte a miserable person. C/M Kravitz:Thatb fine, that your opinion. C/W Massaro: Not only that you can't even tell the truth because you did offer your garage. -26- C/M Krayitz:I think that a compliment coming from you, Helen. C/W Massaro:Thats alright too. Vice Mayor Disraflly brought up the trailer parked on 94th Ave., just south of the 3rd hole on the golf course, north of Visual Graphics. There is a paved parking lot. There are 5 signs in the window; all of them are duplicates of a building permit sign that says: "Construction for a Trailer" He said there is also an engineering permit in the window that says: "Permission granted for Clearing and Grubbing". He didn't see any clearing and grubbing done and was asked why there is a paved parking lot. The Building Department, he said, claims they did not give a permit for it and Engineering says they gave .a permit only for clearing and grubbing. Mayor Falck recommended that the City Manager and City Attorney check into this. Councilwoman Massaro said she was working on traffic .Lights and has asked for some assistance from the D.O.T. on lights for Woodlands Blvd. & Commercial, 88th Ave. & 57th St., 57th St. & 64th Ave. and-alsoat 61st & University. With regard to 61st & University she would be getting together with Soley Goldberg after the first of the year. She asked Council if they would be amenable to take part in this because she felt it would not be easy to get all those traffic -lights. V/M Disraelly inquired as to which one would have first priority. He felt that if the City has to pay for them, 61st would have first priority because of the people paying their bills and the people exiting from the bank. C/W Massaro said the next in priority would be 64th Ave. & 57th St., Woodlands Blvd. next, and last 88th Ave. & 57th St. and Council was amenable. Mayor Falck reported that the League Meeting will be on Saturday, January 9th at Holiday Inn in Plantation. This meeting will be with the delegation and everyone is encouraged to attend. 41. City Manager L.Stuurmans stated that she and the City Planner had just spoken with Mitch Caesar, Grant Consultant, on two (2) grants the City recently sent to the State on Tract 27 and Tamarac Park Improvements, and asked Richard Rubin, City Planner, to bring Council up to date. Richard Rubin discussed this with Mr. White from the State of Florida and since one part of the. Cit.y's overall application is for active recreation uses, the State is going to look at the grant, that the entire grant is actively warranted and pay one-third of the entire grant amount instead of the two --thirds for the passive request. Mr. Caesar felt that the City had a very good chance in receiving the grants for the two (2) passive areas. Mr. Rubin indicated the City could write a letter to Mr. White within the next couple of days to delete the active recreation portion from our grant. Mr: Rubin asked Council if they still wanted staff to actively look for funds from the Department of Natural Resources for the active areas. Mayor Falck said he would like to see a comparison of the one-third of the total as compared to two --thirds on the passive. C/W Massaro said she would like to see this in a memorandum and everything spelled out so that the City can then take and evaluate what will be spent. 42. City Attorney - No Report. 43. Woodmont Plaza _Request for louvered fence (see pages 24 and 25) Even though action was taken on this item earlier in the day, Mr. Barry Eden, attorney for the developer, requested permission to speak to Council because he had just returned from a trip. There was no objection by Council. Mr. Eden stated he has been working with the residential owners, because of their abutting property, so they would have 10' more of backyard. In addition, he said, a petition was originated by the owners to put up a precast cocoa brown concretelouvered fence including a contract to do this work. Mr. Eden said --27- 12/28/81 cb/ in the zoning regulations, under section 28-140, City Council has the authority to grant an option design. The owners abutting want this, he indicated, and would be more attractive. Mr. Birken said this applied to the B-1 regulation not B-6, the City does not have anything under B-6. Mr. Eden felt that that particular section is broader than just the B-1. It was his opinion that there would be a provision for B-1, B-2 and not for any other zonings to give Council some discretion as to make some decisions. V/M Disraelly asked Mr. Birken if B-1 allows louvered fences. Mr. Birken said B--1 has language speci- fically pertaining to it; there is no language concerning fences, walls and landscaping. It has always been a problem that fences and walls are addressed both in Chapter 28 and Chapter 6. Mr. Birken stated that the language that Mr. Eden is referring to is not present in B-6; it is present in B-1 and B-2. TAPE Mr. Eden stated Council represents the people and the people #8 have asked for this. It is good politics to give the people what they want. He said the laws were meant to be changed and thought it was an oversight that B-5 and B-6 did not apply. Mr. Eden asked Council if this could be taken up at the next meeting if he requested it to be reagendized. Mr. Birken indicated if a member of Council wants to put it back on. MEETING WAS ADJOURNED AT 4:45 P.M. ATTEST: CAROL A. EVANS ASSISTANT CITY CLERK This public document was promulgated $ 0,4 per copy, to inform the and employees about recent opinions Council of the City of Tamarac. M:3C 113 MAYO at a cost of $ . or general public and public officers and considerations by the City g APs�,?0 ED C;Ta COURC'1i_ 12/28/81 cb/