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HomeMy WebLinkAbout1988-08-30 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722.5900 RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council at 10:00 a.m. on Tuesday, August 30, 1988 in Conference Room #1 (Room 103), City Hall, 7525 NW 88 Avenue, Tamarac, Florida. The following items will be considered at this time: 1. DISCUSSION AND POSSIBLE ACTION on the sewage pumping station near the premises of 5005 Bayberry Lane in the Woodlands. FINAL ACTION: APPROVED the following: 1. That the pump station in its present state be submerged in the same location as it was originally placed and providing appropriate landscaping. 2. The electrical panel cabinet will be flat to the ground as low as possible so that it will not be • intrusive to anyone. 3. The City enter a contract with Utilities Services, Inc., (Change Order #2) for the conversion of Tamarac Utilities West Pump Station 15W to a submersible system for the total amount of $52,300.00. All of the above are contingent upon results of discussions by the Director of Utilities/Engineering with the Environmental Quality Control Board. 2. MOTION TO APPROVE three Maintenance Worker (Janitorial) positions in the Public Works Department to provide janitorial services to the new Municipal Complex, with funds to come from Buildings/Grounds Regular Salary Account #001-130--539-120. FINAL ACTION: APPROVED. The City Council may consider and act upon such other business as may come before it. All meetings are open to the public. suant to Section 286.0105, Florida Statutes a person decides to appeal any decision made by the 6! --Counr..il with respect to any matter consider;d at such rfv�, ti 1 hearing, he will need a record of the proceedings .r-nd ,011- s:.,.. Carol A. Evans pil.rpose, he may need to ensure that a verbatim record wc'¢ "11— City Clerk tiio testimony pfggeyi�Wce upon which the appeal is to be AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TA1ARAC CITY COUNCIL SPECIAL MEETING TUESDAY, AUGUST 30, 1988 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Tuesday, August 30, 1988, at 10:00 A.M. in Conference Room #1 (City Clerk's Office). PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Patricia Marcurio,Secretary Pauline Walaszek, Special Services Secretary 2. MOTION TO APPROVE three Maintenance Worker (Janitorial) pos ions in the Public Works Department to provide janitorial services to the new Municipal Complex, with funds to come from Buildings/Grounds Regular Salary Account #001-130-539-120. SYNOPSIS OF ACTION: APPROVED. City Manager Kelly said this Item was to be placed on the City Council Agenda for the August 24, 1988 meeting; however, the Item was submitted too late. He said the City planned to contract out the janitorial services; however, after reviewing the matter, the concern of finances and security lead the City to decide to make these services available in --house. City Manager Kelly said Public Works would be performing the services; however, the Department needed authorization to spend the necessary funds for the services during the balance of Fiscal Year 1987/88. He said the services would require approximately $4,500.00. Peter Mack, Assistant Director of Public Works, said there was approximately $66,000.00 in the Buildings/Grounds Regular Salary Account at the present time. * C/M Hoffman MOVED to APPROVE three Maintenance Worker * (Janitorial) positions in the Public Works Department, * SECONDED by C/M Rohr. V/M Stelzer suggested that these positions be transferred to the Temporary Help Account for the balance of Fiscal Year 1987/88 and City Manager Kelly said the positions would be full-time. V/M Stelzer said the positions were not budgeted for Fiscal Year 1987/88 and City Manager Kelly said if the City Council approves the positions at this time, they would be allowed in the balance of the Budget for Fiscal Year 1987/88. Page 1 8/30/88 - Special Mayor Abramowitz said the Finance Director would not approve the expenditure of Funds until the City Council approves the positions. V/M Stelzer said to place these positions in the Temporary Help Account may be easier for the remaining 6 weeks of Fiscal Year 1987/88 and provide the positions for Fiscal Year 1988/89. City Manager Kelly said there are several instances where positions were not authorized by the City Council; therefore, staff felt this was the appropriate way to allow these positions. Mayor Abramowitz said he was pleased that the Finance Director would not allow the expenditure until the City Council approved the positions. Vickie Beech, Resident, asked City Manager Kelly if bonding was required and the security checks scheduled and City Manager Kelly said there was no bonding requirement for Municipal employees. City Manager Kelly said if the services would be provided by a Contracted Firm, bonding would be required; however, because of security matters, the City decided not to Contract the positions. Ms. Beech asked if the positions would be filled by employees presently in-house and City Manager Kelly replied, yes. VOTE: ALL VOTED AYE' 1. DISCUSSION AND POSSIBLE ACTION on the sewage pumping station near the premises of 5005 Bayberry Lane in the Woodlands. SYNOPSIS OF ACTION: APPROVED w�conditions. The City will enter a contract with Utilities Services, Inc., (Change Order #2) for the conversion of TUW Pump Station 15W to a submersible system for the total amount of $52,300.00. All approvals are contingent upon the Environmental Quality Control Board's approval. City Manager Kelly said this issue was concerning the property abutting Dr. Fein's property. He said last year in the process of upgrading the pump stations throughout the City, the Utilities Department installed an above -ground Pump Station on the site where a submergible Pump Station was previously located. He said the reason for placing an above -ground Pump Station was that it would be easier to maintain and a bigger Pump was needed. City Manager Kelly said since this was done, there have been several problems. He said Dr. Fein claimed the Pump was inefficient and there were several City personnel constantly at the site. City Manager Kelly said the above -ground Pump Station should not have been installed in a residential development. He said the City recommended that the Pump Station be reconsidered and a submergible Pump Station be installed. Unfortunately, Dr. Fein refused to allow the installation of a submergible pump and he refused to sign a Hold Harmless Agreement which would be drafted by the City Attorney. Page 2 1 1 I 8/30/88 - Special City Manager Kelly said the site required several modifications and the Utilities Department met with Dr. Fein several times to work out appropriate landscaping. He said there have been odors coming from the Pump Station and the City felt that the odors would be minimized with landscaping; however, the Environmental Quality Control Board assessed the problem and found that the noise was more of a problem than the odors. City Manager Kelly said Dr. Fein retained an Attorney and attempted to involve the Woodland Homeowners Association in the case. He said the City agreed that it was inappropriate to have placed an above -ground pump on the site and suggested replacing it with a submergible Station. He said Dr. Fein recommended that the Pump Station be relocated further down the street at a cost of approximately $100,000.00 more than the submersible project. City Manager Kelly said the Environmental Quality Control Board cited the operation for noise and recommended that a 6-foot concrete wall be placed around the entire parcel. He said he felt this would not solve the matter regarding the unsightly Pump Station. City Manager Kelly said Dr. Fein felt that the City was harassing him and, the number of employees having to be on the site may indicate this; however, it was not intentional. He said Dr. Fein claims that he has video tapes of the employees harassing him and wants the Pump Station relocated. He said Dr. Fein's Attorney contacted the City regarding the matter. City Manager Kelly said the wall was being constructed; however, he did not feel that the wall would be appropriate; therefore, he instructed the Utilities/Engineering Director to cease the installation of the wall. He said the purpose of this was to discuss this matter with the City Council to see if the Pump Station should be submerged, moved or the wall should be placed on the site. City Manager Kelly said Dr. Fein would be maintaining the lawsuit regardless of the City's decisions. He said Dr. Fein is very difficult to deal with. He recommended that the Pump Station be moved to alleviate the Station from being in a residential community. V/M Stelzer asked if the Pump Station would be relocated to the median and City Manager Kelly replied, yes. Mayor Abramowitz announced that Dr. Alfred Wald, the Director of the Woodlands Architectural Committee for the Woodlands Homeowners Association, was present. C/M Hoffman said the Pump Station should have been submerged from the beginning. He said the Utilities Department was wrong and he would like to correct the matter by placing the Pump Station back in its original position when Dr. Fein purchased the property. C/M Hoffman said he was not sure that Dr. Fein's claims against the employees were valid; however, he felt that if these claims were justifiable, this type of conduct should cease immediately. He suggested that the workers only go to the property for the repair and leave when Page 3 U' 8/30/88 - Special finished as opposed to waiting on the prope°rty for fellow employees, equipment, etc. He said the City should avoid problems that may be created. V/M Stelzer said he was involved in this matter last year and he and Bernard Hart, former Mayor of Tamarac, visited the site. He said the possibility of placing the Pump Station on the median of Sabal Palm Boulevard was discussed; however, he questioned how the residents in that area would feel about the Pump Station since it was not located there in the past. V/M,Stelzer said when Dr. Fein bought his property, the Pump Station was located underground. He said the City investigated the cost of the Pump Station being located on Sabal Palm Boulevard or on the Golf Course and everyone agreed that the best solution was to place the Pump Station underground as it originally was on the site. He said the reason that this was not done was because Dr. Fein refused to sign an Agreement stating that he would not sue the City after the Pump Station was submerged. He said he had several conversations with Dr. Fein and he was an unreasonable person. V/M Stelzer said the Environmental Quality Control Board was citing the City because nothing was being done to alleviate the noise. He said they required that a wall be placed around the Pump Station; however, the City Manager did not feel that the wall was appropriate because it was an eyesore. He asked how much it would cost to place a wall around the Pump Station. Bob Foy, Director of Utilities/Engineering, said it would cost $2,000.00 to place a wall around the Pump Station and V/M Stelzer said if the wall was placed around the Pump Station, the Environmental Quality Control Board would be pleased; however, Dr. Fein would not approve of it; therefore, Dr. Fein may agree to the Pump Station being placed underground. V/M Stelzer suggested the wall construction continue with the possibility that Dr. Fein would prefer to have the Pump Station placed underground. He said if Dr. Fein would sign the Hold Harmless Agreement, the Pump Station would be submerged. Mayor Abramowitz asked Dr. Wald if he had any comments regarding this matter. Dr. Wald, Director of the Architectural Committee for the Woodlands Homeowners Association, said this problem was brought to the last Administration and, at that time, he made a statement to the City Council that he objected to the above -ground Pump Station. He said the former Director of Utilities/ Engineering Department, Bill Greenwood, said that more above -ground Pump Stations would not be placed in the Woodlands area; however, there were more above -ground Pump Stations installed in the area. Dr. Wald said the matter was addressed by the City Council and Dr. Fein said he wanted the entire Pump Station removed from his property regardless of who would be inconvenienced and what the Woodlands area would look like if the Pump Station was moved to a median. He said Dr. Fein was only interested in his own property. He said Dr. Fein bought the property with the Pump Station Page 4 1 1 1 8/30/88 - Special submerged and there was a round metal can on top of the Pump Station with a meter and shrubbery surrounding it. Dr. Wald said the proper solution to the matter would be to submerge the Pump Station as it was for approximately 15 years. He said there were no problems with the Pump Station when it was submerged in the ground. He said the City should not allow the stainless steel vault on the site and the Pump Station should be submerged and shrubbed as it originally was. He said by doing this, Dr. Fein should not have grounds to sue the City. C/M Bender said this matter was no longer a situation between Dr. Fein and the City. He said Dr. Fein's neighbors were involved as well and he was concerned with how the neighbors surrounding Dr. Fein's property felt. He said when the residents bought their property, they accepted the submerged Pump Station. He said the Pump Station should be submerged to its original position to satisfy the residents. C/M Rohr said he was involved with the matter when it began. He said he could understand Dr. Fein's imposition because the stainless steel vault was not a nice sight. He said the City should not move the Pump Station because the cost was not feasible and the surrounding residents would be subjected to the Pump Station. He said the Pump Station should be submerged on the present site and the stainless steel vault should be eliminated. He said the Pump Station was located there for several years and the City had the right to use the site for the Pump Station. C/M Hoffman said this matter should not be between Dr. Fein and the City. He said the City recognizes the error and is prepared to correct it. He said if Dr. Fein wants to continue the matter after the problem is corrected, he could do so; however, the City would no longer be at fault. Mayor Abramowitz said he was informed of this matter. after he was elected. He said he asked City Manager Kelly what it would cost to correct the matter and City Manager Kelly said the project would cost $56,000.00. He said he investigated the site and he agreed that the matter was not correct and should be changed. He said Dr. Fein visited him in the Office after meeting with City Manager Kelly. He said Dr. Fein explained the meeting with the City Manager and Dr. Fein said he was against signing an Agreement with the City. He said after listening to Dr. Fein, he contacted City Manager Kelly regarding the Agreement. He said he asked City Manager Kelly if the Agreement was required and City Manager Kelly informed him that the Agreement was not required; however, the City would like to have an indication from Dr. Fein that the City would not be sued after the corrections were made. He said Dr. Fein agreed with this; however, he wanted the City to replace the timer on his sprinkler. He said he informed Dr. Fein that the City would do everything possible to submerge the Pump Station and landscape the area to his specifications and, then, the City would write a check in the amount needed to replace the timer. He said Dr. Fein was very abrupt and stormed out of the Office. Mayor Abramowitz said there were allegations about the City employees and he suggested that every employee be informed, by memorandum, to be at their best conduct while on a job site. He said he agreed with the City Page 5 8/30/88 - Special Council that the above -ground Pump Station was not appropriate and should be corrected. He said the Pump Station should be submerged and the area placed back to its original position. C/M Bender MOVED to APPROVE submerging the Pump Station to its original position and landscape the area to its original form. City Manager Kelly said to landscape the area to it original position may not be possible. Mr. Foy exhibited photographs of the site as it now exists and he said the landscaping would be done as appropriate as possible. C/M Bender AMENDED his MOTION to APPROVE submerging the Pump Station and provide the appropriate landscaping, SECONDED by C/M Hoffman. C/M Rohr suggested the Motion include that the electrical panel cabinet will be flat to the ground as low as possible so that it will not be obtrusive to anyone. Mayor Abramowitz suggested that the City do their best in alleviating the situation and go further than what the City Code requires. C/M Hoffman asked the City Attorney if he agreed with the City Council's decision. City Attorney Doody said it was hard to anticipate the Courts ruling; however, the City was acting appropriately and would be eliminating the claim of nuisance by submerging the Pump Station. He said he was more concerned with the Environmental Quality Control Board being satisfied and he asked if this correction would alleviate the Environmental Quality Control Board's concerns. Mr. Foy said by sinking the Pump Station, the concerns of the Environmental Quality Control Board would be eliminated. He said he would be meeting with the Environmental Quality Control Board to extend the deadline for compliance with their concerns by September 1, 1988. City Attorney Doody suggested the Motion be contingent upon the Environmental Quality Control Board's approval of the solution. Mr. Foy said the Environmental Quality Control Board agreed that sinking the Pump Station would be the best solution. V/M Stelzer said the City received bids from Utilities Services, Inc., to do the project in the amount of $52,300.00 and he suggested this bid be approved. C/M Bender said the electrical boxes had to comply with the Codes and Flood Standards. C/M Rohr said the former Director of Utilities/Engineering stated that the stainless steel vault could be turned over. Mayor Abramowitz said this matter should be left for the Professionals to handle. He asked if Mr. Foy understood that the City was interested in correcting the matter by submerging the Pump Station and Mr. Foy replied, yes. Page 6 1 1 8/30/88 - Special Mayor Abramowitz asked Mr. Foy to inform the City Manager of any problems that may occur in correcting this problem so that the City Council could be informed. John Roberto, Representing Attorney for Dr. Fein, said Dr. Fein's immediate neighbors are filing against the City on the matter. He said the three property owners are requesting that the Pump Station be moved to a median. He said Dr. Fein stated that he would waive all damages if this is done except for a few Attorney fees and costs. He said he wanted to inform the City about the other suits before filing them. Mayor Abramowitz said the Director of the Woodlands Architectural, Committee objected strenuously to moving the Pump Station to a median. VOTE: ALL VOTED AYE V/M Stelzer said the City received a bid in January, 1988, from Utilities Services, Inc., in the amount of $52,300.00 for the project. He said the bid should be approved providing the amount of the bid was still effective. * V/M Stelzer MOVED to APPROVE the bid from Utilities Services, * Inc., for the installation of a submergible Pump Station at * Pump Station 15W in the amount of $52,300.00 providing the bid * was still effective and contingent upon the Environmental * Quality Control Board's approval, SECONDED by C/M Hoffman. Mayor Abramowitz asked if the cost was for the installation of a submergible Pump Station only and Mr. Foy replied, yes. Mayor Abramowitz asked if the landscaping cost should be addressed and City Manager Kelly said the landscaping would be done by in --house employees. C/M Hoffman asked what the salvage value of the Pump would be and Mr. Foy replied, approximately $50,000.00. C/M Hoffman said it would only cost the City approximately $2,000.00 because the cost of the project would be $52,300.00 and the salvage of the pump would be $50,000.00. Mayor Abramowitz said the record should reflect that Bob Foy, Director of Utilities/Engineering, was not directing the Utilities Department when this error was made. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:45 A.M. AIRMAN ABRAMOWITZ, MAYOR CAROL A. EVANS, CITY CLERK "This public document was promulgated at copy to inform the general public, public recent opinions and considerations of the Tamarac." a cost of $61.20 or�$.y:70 per officers and employees of City Council of the City of CITY 1 OF ,1rAMt RAC fJ ; 19 Page 7 APPROVED AT MEETING OF