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
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� � 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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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►. 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.
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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.
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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
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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.
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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
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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_
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