HomeMy WebLinkAbout1988-08-30 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
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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.
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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
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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
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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.
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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