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HomeMy WebLinkAbout1985-08-16 - City Commission Special Meeting MinutesMAIL REPLY TO P.D. Box 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 6 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 August 12, 1985 NOTICE OF SPECIAL CITY COUNCIL MEETING There will be a Special City Council Meeting on Friday, August 16, 1985 at 9:00 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The items to be discussed are as follows: 1. ��marac�ark _Sg11��-P $�ina - Discussion and possible action on: a) Status report b) Revised interior and exterior plans 2. - Discussion and possible action on: a) Status report from Councilman Gottesman on changes of plans. b) Hiring of Construction Manager as an Assistant to the City Manager. 3. 3��.9�1E113�-3+�rD4gy��. -� Temp. 4.s_d.,_1.12_U - Discussion and possible action to amend Code Section 16-3 regulating use of lightning warning systems on golf courses. First Reading. 4. City Attorney - Discussion and possible action regarding authorization for the City Attorney to attend a one day seminar on the Fair Labor Standards Act. 5. . T ilit e-a-West, - Tract 27. - Wat-er. Storage Tank mn Statign - �ro�ec 84_-19- - Discussion and possible action on: a) Engineering Plans b) Architectural Design for pumphouse c) Landscape Plan 6..1es ofof Tamer - Discussion and possible action on assignment of a portion of the Water and Sewer Developers Agreement. 7. � r. _ ,r..DdMpj= - Discussion and possible action on a request from the Charter Board to be designated the responsibility of transmitting Charter Amendments to the Secretary of State. The City Council may consider and act upon such other bus- iness as may come before it. The public is invited to attend. Carol E. Barbuto Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any docision made by the city Council with respect to any matter ccnsidered et such meeting or hearing, he w�li need a record of the and for tsudi purpose, he may hied to ensure thl J iJ 1';: i',iil l recoi (i tilE tP"tiilo-1 a:'� "re:AlX' up (i «iCcpp4?_i is to 1.* Ca.^d. CITY OF TAMARAC CITY COUNCIL SPECIAL COUNCIL MEETING FRIDAY, AUGUST 16, 1985 Tape 1 CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order on Friday, August 16, 1985 at 9 A.M. in Council Chambers. PRESENT: Mayor Philip B. Kravitz Councilman Arthur H. Gottesman Councilman Raymond J. Munitz ABSENT & EXCUSED: Vice Mayor Helen Massaro Councilman Sydney M. Stein ALSO PRESENT: Jon Henning, City Attorney Larry Perretti, Acting City Manager Carol E. Barbuto, Assistant City Clerk Diane Williams, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation and announced with deep sorrow the passing of Saul Mesinger. Mayor Kravitz said this meeting was called at the request of the Acting City Manager and City Attorney. 1. Ta arac Park_Satellite Building possible action on: a) Status report b) Revised interior and exterior SYNOPEIE OF ACTION: a) APPROVED authorization to accept Arrowhead's bid for $3,865 to com- plete the sewer connections work, and TABLED any action regarding the City's contract with Mr. George Feld to the Council meeting on 9/11/85. b) TABLED to the Council meeting on 9/11/85. - Discussion and plans a) Bob Jahn, Chief Building Official, said the reason he wanted to bring this item before Council is that in the minutes of 7/29/85 he was instructed not to take any action nor spend any money during the month of August. Mr. Jahn said after the trusses were placed, Acting City Manager, Larry Perretti, City Attorney, Jon Henning, and he met with George Feld, Contractor. He said Mr. Feld informed them that he could not continue unless he received additional money as he did not have the money to put subcontractors on the job to continue the building. Mr. Jahn referenced a letter from the Acting City Manager and endorsed the action outlined. He said the City Attorney should determine if Council needs to take any action. 1 8/16/85 vdw The Chief Building Official said the sewer situation is critical. He explained that the system got blocked up on a Sunday and the Utility Department had to surpass itself to get it unclogged. He said one of the mains on that sewer line is the medical center to the south and he stated that if this had happened during the week when everybody was occupying their offices, it would have been a catastrophe. Mr. Jahn said he had received two bids: one for $111210, which he felt was outrageous but reasoned that the contractor be taking on another man's work and would not know what he is getting into. He said the other bid for $3,865 was submitted by the original subcontractor. The Chief Building Official said there is an unencumbered balance of $3,847 in his Construction Budget, which would be a difference of less than $100, to get the sewer completed. He asked for Council action to continue the work on the sewer which he classified as an emergency. Mayor Kravitz asked if his requests were to be held up for two weeks until the next regular meeting, would there be any damage to the existing building the way it stands now and Mr. Jahn answered that the building is safe. Mr. Henning asked if he was talking about the sewer and Mayor Kravitz replied both. Mr. Jahn said he would not want to make such a statement about the sewer because it is very possible that something could happen again. Mr. Henning inquired if that is the sewer that connects the hospital area to the main line and Mr. Jahn said it was and that the existing sewer is the one that runs under the building and that they were building the new sewer to redirect its route. He explained that by it being underneath the building now it becomes very difficult to unclog because it has to be routed in from a distance. Mr. Jahn said if it became clogged during the week when the medical center is in use, it could be dangerous. Mr. Jahn said the first request on Mr. Perretti's letter can wait for the next regular meeting for action; however, the sewer does need Council's immediate consideration. The Chief Building Official also requested Council's con- sideration concerning Mr. Feld's depositing a joint check to his account. He explained that Mr. Henning, the Finance Department and he contacted the City's bank and informed them that the check contained an illegal endorsement. Mr. Jahn said the City's bank forced Mr. Feld's bank, Capital Bank, to make the check good. He said the City has received a cashier's check for $6400. Mr. Henning clarified that it was not a forgery but was an incomplete endorsement. He explained that it was a two- party check and the bank accepted and cashed the check with only a one -party endorsement. Mr. Henning said they made their claim against NCNB, which is the City's bank, that they should release the funds and they were very cooperative in collecting the funds from Capital Bank. 2 8/l6/85 vdw Mr. Jahn recommended that he be authorized to issue a new check to the truss company for $6400 because he does not want any liens on the building and that he had indicated to them that he would do his best to get the money. He said the issuance of the check has nothing to do with continuing the building. Mr. Jahn replied that the issuance of the check had nothing to do with continuing the building. Mr. Perretti said there were two areas which needed to proceed as quickly as possible; first, the sewers. He said he would request authorization to complete that portion and wait until September for discussion on construction. He said the second concern is for the safety of the children. He said he receives calls almost daily regarding the children pushing down the fence and the City having to go over and repair it. He said the area that concerns him most is the open pit with the sewers. C/M Munitz asked if they were talking about an $18 difference between the amount of money available and the amount needed for the sewers and Mr. Jahn said that was correct. C/M Munitz asked if all he needed was the authorization from Council to spend $18.00 and Mr. Henning injected that it would come out of the fourth drawer. Mr. Jahn said the only action needed is to countermand the minutes which stated that he was not to spend any money during the month of August. C/M Munitz said since this matter is obviously very serious and it could be catastrophic. He said he felt that Council should act on it and asked Jon Henning what type of Motion was needed. Mayor Kravitz suggested they go ahead with the sewer and TABLE the remainder to the first regular meeting in September. Mr. Henning said it would be a Motion accepting the bid from Arrowhead. He questioned whether 30 tons of rock would be adequate and Mr. Jahn answered that it is more apt to be too much and if they do not use it, the cost will be less. C/M Munitz so MOVED, SECONDED by C/M Gottesman. VOTE' ALL VOTED AYE b) Mayor Kravitz asked Mr. Jahn if he recommended that b) be TABLED. Mr. Jahn said there was no real emergency as long as Council is aware that it is just going to sit there and no pre- planning will take place without Council's permission. Mayor Kravitz asked that it expressed personal be TABLED. reservations and concern and C/M Gottesman MOVED that item b) be TABLED. SECONDED by C/M Munitz. VOTE; ALL VOTED AYE 3 8/16/85 vdw 5. Utilities West - Tract 27 - Water Stora a Tank and Pump Station -- Project 84-�19. - Discussion and possible action: a) Engineering Plans b) Architectural Design for pumphouse c) Landscape Plan SYNOPSIS OF ACTION: TABLED a), b) and c) to the Council meeting on 9/11/85. Bob Foy, Deputy City Engineer, reported that at the last Council meeting, action was taken to allow them to go out for bids on Tract 27's water storage tank and pump station but that it was unclear whether authorization was given to expend additional money to Williams, Hatfield & Stoner. Mr. Foy said they have since met with the Beautification Committee and, in order to satisfy their requirements, they requested authorization to spend $1000 for the City Planner to formulate a beautification plan and an additional $1000 for him to submit a rendering of how the pump house should look. He said the City Planner's recommendations will be incorporated into the design of the pump house by Williams, Hatfield & Stoner to make it more aesthetically pleasing. Mayor Kravitz said he felt very uncomfortable taking any action because they do not have a full Council and he did not view Mr. Foy's requests as an emergency. He said he would prefer TABLING this item to the next regular Council meeting. Mr. Henning said this item was on the agenda and tabled for certain things to be done and one of them, he assumed, was to meet with the Beautification Committee which they have done. However, he said he does not recall if the engineering plans were on the earlier agenda. Mr. Foy said they were and Mr. Henning asked Mr. Foy to briefly recap what has happened since the July 29, 1985 meeting that might help Council determine if they want to move forward. He explained that the plans in the a) item are required before they can go to bid. Mr. Foy explained that Council authorized them to go to bid at the July 29 meeting for two separate sized tanks and that upon review of those minutes, he learned that Council did not authorize additional expenditures to their Consulting Engineers, Williams, Hatfield & Stoner. Mayor Kravitz said that was correct because it was to come back to Council. Mr. Foy said he understood that was for the landscaping and that they are not proposing to spend any money on landscaping Mayor Kravitz said if they are going with the design of the plans and they need the City Planner to spend $1000 or $2000, they are spending money to start it. He felt that it needs a lot more study than what they have and felt uncomfortable acting on it at this meeting. 4 \ 8/16/85 J vdw Mr. Foy said it was certainly not an emergency but that they have been waiting for so long to get the storage tanks and did not want to see any delays. Florence Bocheneck, Chairperson of the Beautification Com- mittee, asked Mr. Foy if Mr. Greenwood was not anxious to go ahead with the project before September. She said that was the reason for the workshop and an additional meeting to facilitate things. Ms. Bochenek said she does not believe that what Mr. Foy has proposed is extensive and, perhaps, Council should reconsider. Mayor Kravitz added that they would only have to wait two weeks as the missing Council members may have other thoughts that would change the thinking or planning. Ms. Bochenek said the only thing done was to take what was an ugly building and make it attractive and that this change would necessitate additional fees. Mr. Foy said the only additional fees requested are $2000 for Mr. Rubin. Mr. Henning injected that for the sake of clarity they should abandon parts b) and c) for the moment and discuss the importance of a). Mayor Kravitz said if it were to be tabled, they would table the entire item and if it were not tabled, each item will be taken separately. C/M Munitz asked Bob Foy's preference and Mr. Foy said he would certainly prefer to be allowed to increase Williams, Hatfield & Stoner's engineering budget to proceed with the items that have nothing to do with the landscaping. He said he interpreted the only controversial item as the landscaping. Mr. Foy said they have been authorized to go to bid for two separate -sized tanks which would require expenditures to Williams, Hatfield & Stoner. He explained that the original request was for $12,000 and they have learned that the architectural changes of the pump house can be done by Williams, Hatfield & Stoner for the same amount. Mr. Foy said he would not suggest authorizing spending any money on the architectural part but only to update the plans concerning electrical and change the size of the tank so that when they do arrive at a decision concerning the architectural features, they would be ready to proceed from an engineering point of view. He said they would separate the landscaping portion from the basic tanks and have a base bid for a one -sized tank and then an option for a berm and an option to add on additional landscaping. C/M Gottesman said Bill Greenwood had pictures at the Beautification Committee Workshop and he was under the impression that Mr. Greenwood would be present today to discuss the values of each proposal so they can intelli- gently select one and proceed. Mr. Henning explained that to proceed is to pick the bid and they do not know what the costs are. 5 8/16/85 vdw Florence Bochenek explained that the original plan was for a tank but they later learned that there must be a pump house. She said the original plans for the pump house were that it would be located elsewhere but after viewing many photographs and slides, they found that the pump house could be incorp- orated to look like an entrance to a building. Mrs. Bochenek said the important thing is a concept of the pump house being part of the tank. Mayor Kravitz said he was not concerned with the beautifi- cation at this point but with the revised tank profile. He said there are two different plans by Williams, Hatfield & Stoner and that he was not sure that he was ready to make a determination as to which is the better plan; therefore, he asked that it be tabled subject to review of the entire Council before authorization is given to spend $2000. C/M Gottesman said in view of the fact that he has not seen the correspondence from Williams, Hatfield & Stoner he would retract his earlier comments and MOVED to TABLE until the 9/11/85 Council meeting. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 2. Munici al Com lex - Discussion and possible action on: a) Status report from Councilman Gottesman on changes of plans. b) Hiring of Construction Manager as an Assistant to the City Manager. SYNOPSIS OF ACTION: TABLED a) and b) to the Council meeting on 9/11/85. a) C/M Gottesman reported that they had an informal meeting with Miller & Meier as to where they are going with the Municipal Complex. He said it seemed to have hit a snag and that they should move forward. He said Miller & Meier indicated they would like to move ahead with the Complex and maintained that they received approval all along. C/M Gottesman confessed that the documents re- flected approval but they were nothing as envisioned. C/M Gottesman said the size of City Hall grew from 37,000 square feet to 46,000 square feet and the cost is phenomenal running approximately $110 per square feet. He informed that they could save in the neighborhood of $1.5 million by reducing the square footage. C/M Gottesman said they concluded the meeting by requesting that Miller and Meier do the engineering for free because they deviated so far from the schematics even though it was approved. He said he gave them four choices: 1. Supply Council with a new design at no cost, to which they did not agree. 2. Requested a revised cost less the G & A and their profits so they can proceed without incurring any 6 8/16/85 vdw further additional costs, which they agreed to do. 3. Stop construction of the complex because the City is broke since they lost $7.5 million and the con- tingency funds are gone. 4. Solicit new bids. C/M Gottesman said Miller & Meier submitted a revised quote which he felt should not be revealed at this moment as there are other interested parties. C/M Gottesman said he has received three bids at 1/3 less than Miller & Meier's revised quote since the public became aware of their dissatisfaction with Miller & Meier. He felt that when the entire Council is back and has a chance to study the proposals they should go out for bids and get new layouts and new drawings. C/M Gottesman suggested that any further action be TABLED until there is a full Council. C/M Gottesman said he was referring to a) only. Mayor Kravitz said no action is needed on the status report. Mr. Henning said no action is required; however, he suggested that before they go to bid they negotiate a "walk -away price" to sever their contractual relationship with Miller & Meier. He said until they do that they will not know how to analyze bids they may receive. C/M Munitz said following the consistency of the Mayor's logic, if ever a full Council is needed, this is the item. He added that any action on their part would be foolhardy and very damaging. C/M Munitz also felt that it was very wrong for C/M Gottesman to assume that the $7.5 million regarding ESM is completely lost. C/M Gottesman said he did not mean a complete loss but that it was not available to the City at this time. C/M Munitz SECONDED the MOTION to TABLE. VOTE: ALL VOTED AYE b) Mr. Perretti said in view of the fact that item a) was tabled, he felt that this item should also be tabled. C/M Munitz so MOVED. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 4. City Attorne - Discussion and possible action regarding authorization for the City Attorney to attend a one day seminar on the Fair Labor Standards Act. SYNOPSIS OF ACTION: APPROVED at a total cost not to exceed $250. Mr. Henning reported that this is a one -day seminar at the airport in Tampa and that he will fly there, attend the seminar and return the same night. He said he felt it 7 8/16/85 vdw would be a disservice to the city if he did not attend and return with information to share with department heads as well as Council. He informed that the air fare has increased by $10 - $20 but everything else was status quo. Mayor Kravitz asked if it was fair to assume that the trip will not exceed $250 and Mr. Henning agreed. Mayor Kravitz said the Motion should reflect that the trip will not exceed $250. C/M Gottesman suggested that Larry Perretti also attend the one -day seminar and that he and Mr. Henning drive up in one car. Mayor Kravitz asked Mr. Perretti if he would like to attend and Mr. Perretti said he appreciated C/M Gottesman's suggestion but felt that they needed more expertise from a legal standpoint. Mayor Kravitz acknowledged that they would receive a report from Jon Henning. C/M Gottesman MOVED to allow the City Attorney to attend the Fair Labor Standards Act Seminar in Tampa, August 23 at a total cost not to exceed $250. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 3. Lightning Warninq Systems - Temp. Ord. #1211 - Discussion and possible action to amend Code Section 16-3 regulating use of lightning warning systems on golf courses. First Reading. SYNOPSIS OF ACTION: APPROVED Tem . Ord. #1211 First Reading. Mr. Henning read Temp. Ord. #1211 by title. Mayor Kravitz said he received requests from Woodlands and Woodmont Golf Courses for permission to sound an alarm during hazardous weather conditions to get the golfers off the course. C/M Munitz MOVED the adoption of Temp. Ord. #1211 on First Reading. SECONDED by C/M Gottesman. Carl Alper, resident, questioned why the City should expend money for the private use of two privately -owned golf courses. Mr. Henning said the golf clubs, not the City, would incur the expenses of installing the alarms. He noted the occurrence of quite a number of thunderstorms and the fact that this is the hurricance season. Mr. Henning said they requested an exception to the noise Ordinance, Chapter 16 as opposed to the burglar alarms, Chapter 14. He explained that they are manual alarms and the Manager of the golf course will sound them only if a weather warning is issued. Mr. Henning noted restrictions were that the alarm could only sound for 15 seconds and that 15 minutes must pass before the sounding of the next alarm. He said permits will be required to show that they have been inspected and properly installed. I 8 , 8/16/85 vdw I Mayor Kravitz injected that the U.S. Golf Association also recommended it and it will be at no cost to the city. VOTE: ALL -VOTED AYE C/M Gottesman left dais. Meeting recessed at 10:05 a.m. Reconvened at 10:08. 6. Isles of Tamarac - Discussion and possible action on assignment of a portion of the Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: TABLED until all requirements are met. Mr. Henning said the original developers wanted to purchase 18 lots which are located at the Isles of Tamarac. Mr. Henning said the formality with the Water and Sewer Agreement is that in order to do it requires Council action to transfer the Water and Sewer Agreement. Mr. Henning said he prepared a modern version of the Water and Sewer Agree- ment for them to use similiar to what they did with the Arbors at the Isles of Tamarac when they purchased 30 lots. He said the guaranteed revenues were extensively in arrears by 18 months. Mr. Henning said he discussed with them that before anything can happen they would certainly have to bring it up to date. Mr. Glussman reported that they just took title to the 18 lots in question two weeks ago. He said at that time they spoke with the City Attorney to find out what had to be done in order to get an assignment or something with the utilities agreement. Mr. Glussman said Mr. Henning informed them that there were guaranteed revenues 18 months' in arrears from the previous owners and asked them if they could bring that current and they said they would. He said it was their intention that this new agreement be made subject to their doing that. Mayor Kravitz suggested that this item be Tabled and that Mr. Glussman discuss the particulars with the City Attorney and become current so that they can address it after the necessary requirements have been met. Mr. Glussman said basically he would be bringing something current without any type of agreement for water and sewer services. C/M Munitz informed that the money could be held in escrow subject to approval but in either case, Council needs the money first. He said he could not see acting on anything unless all fees are completely paid because that has been the procedure and they should be consistent. C/M Munitz MOVED that the item be TABLED. SECONDED by C/M Gottesman, VOTE: ALL VOTED AYE Mr. Glussman said they would have to have some type of agreement if they do bring in a check. 9 8/16/85 vdw Mr. Glussman said that they were not the ones in arrears but they are willing to bring it current. 7. Charter Amendments - Discussion and possible action on a request from the Charter Board to be designated the responsibility of transmitting Charter Amendments to the Secretary of State. SYNOPSIS OF ACTION: TABLED to the Council meeting on 9/11/85. Melanie Reynolds, representative of the Charter Board, re- quested that the Charter Board be allowed to handle all Charter amendments. She said since the law states that the City Council takes care of this, the Charter Board asked the City Council to transfer that portion of their duties to the Charter Board. Mr. Henning said there is a St that upon amendment to the Cha the amendments to the Secretar be accepted as effective until has received them. Mr. Hennin with the City Clerk and learne are placed on the ballot by Or the Charter Board, voted on an certified by City Council. He Ordinance or Resolution states amendment is submitted to the away. ate Statute that stipulates rter that the city shall submit y of State and they shall not the Secretary of State g said he has discussed this d that the Charter questions dinance or by Resolution of d the election results are said she told him that the the question and the Secretary of State right Mr. Henning was informed by the City Clerk that they were sent by first-class mail and that she receives con-firmations from the Secretary of State in response to that submittal. He said it also goes to the codifier which is a private publisher also located in Tallahassee and when the supplement comes out which has the language in the Charter, the new pages, those are also sent to Tallahassee to the Secretary of State. Mr. Henning said he has not examined the file but was told that the Transmittal Letters and Confirmation of Receipt were in the file and were sent to Tallahassee but, apparently, copies were not sent to the Charter Board and that is why they were questioning the verification that this had taken place. Mr. Henning said what the Charter Board has requested is legal and if Council wants to prepare,a Resolution to authorize or direct the Charter Board to submit the amend- ments to the Secretary of State instead of the City Clerk, it can be done. He said there is some accountability at issue, too because Council can tell the Charter Board to do something and it is all good and well if they do it. Mr. Henning asked what happens if,they do not do it. He said if the Clerk refused to send them, the City Manager can be directed to instruct her to do it or Council can direct the City Manager to do it himself but he wondered what would happen if Council directs the Charter Board to do something and because of separation of powers, they decided they did not want to do it. Melanie Reynolds said the Charter Board is a responsible board. Ll 1 P_j 10 8/16/85 vdw I I Mayor Kravitz said they received a letter dated August 14 from Acting City Manager Perretti asking that this item be Tabled to the Council meeting on 9/11/85 and C/M Munitz so MOVED, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Mayor Kravitz adjourned the meeting at 10:20 A.M. 1, 0"o MAYOR ATTEST: Y ASSISTANT CITY CLERK This public document was promulgated at a cost of $92.85 or $8.50 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY 4F TAMAR C APPROVED AT MEETING OF City Clerk 11 8/16/85 vdw