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HomeMy WebLinkAbout1971-02-02 - City Commission Regular Meeting MinutesREGULAR MEETING CITY COUNCIL CITY OF TAMARAC February 2, 1971 CALL TO ORDER The meeting was called to order by I. H. Wilderman at the North Section Clubhouse, Tuesday, February 2, 1971, at 7:30 P.M. VOT T OAT T PRESENT: Mayor I. H. Wilderman Vice -Mayor Theodore H. Hertrich Councilman Owen C. Himes Councilwoman Evelyn Lange Councilman Solomon. Wolkofsky ALSO PRESENT: Alan J. Goldberg,City Attorney R. H. Decker, City Manager -Clerk. Laura Zoe Stuurmans, Secretary. PRAYER AND PLEDGE The Mayor asked all to stand for a moment of silent prayer and afterwards, to repeat the Pledge of Allegiance to the American Flag. # 1 - APPROVAL OF MINUTES - MOTION. The Mayor asked for comments from the members of Council, who each had been given copies of all minutes from the month of January, 1971. Vice -Mayor Hertrich had only two corrections as follows: MINUTES OF JANUARY 19, 1971. Page #3 - Change .75� to .25(. Page #4 - Change impress to press As there were no other comments or corrections, the Vice - Mayor moved to dispense with the reading of the minutes and to accept the minutes as corrected. REGULAR MEETING - February 2, 1971. 2. The Manager -Clerk called the roll. All four members of the Council voted Aye on the motion. Carried. #2 - OATH OF OFFICE - CHARTER BOARD. City Manager Decker explained that the Board had, by un- aminous consent of their membership, composed their own oath and swore the same to a Notary Public. They refused to take the City oath. The Mayor said he was surprised at this action and didn't know the legality of this action. The Attorney had no response at this time. #3 - APPOINTMENT OF A COUNCILMAN TO FILL THE VACANCY CREATED BY THE RESIGNATION OF CHARLES J. PASTOR - RESOLUTION. The Attorney read the resolution in blank appointing an individual to serve on the Council., filling the vacancy created by the resignation of Charles J. Pastor. The term of the appointee is from February 1, 1971, to October, 1971. The Vice -Mayor said the Council had reviewed nominees as submitted by residents and that there were many qualified persons whose names were submitted by the citizens. One name in particular, he added, was outstanding; therefore, he moved that Miss Evelyn Lange be appointed as a member of the Council and her name be inserted into the resolution. There was no objection or comments. The Manager -Clerk called the roll. All voted Aye. Motion Carried. The first Council- woman in the City's history took her place at the Council table. Mr. Decker administered the oath of office to Councilwoman Lange. #4 - APPOINTMENT OF JOE GOOD AS A MEMBER OF TNT: PT,ANNTNC AND ZONING BOARD - RESOLUTION. The resolution reaffirmed the appointment of present board members ( William Finck, Clifford Baxter, Richard Wallace, and James Donald ) and appointed Joseph Good to fill the vacancy caused by the death of Jules Aisoff. All members are to serve at the pleasure of the City Council. REGULAR MEETING - February 2, 1971. 3. Vice -Mayor Hertrich moved to adopt the resolution as read. All voted Aye on a roll call vote by the Clerk. Motion Carried. #5 - APPOINTMENT OF THREE NEW MEMBERS TO THE BOARD OF ADJUSTMENT. - RESOLUTION. The Attorney explained that Ordinance #1-64, which created the Board of Adjustment, stated that members are to serve five years, but that, not all terms should expire at the same time. He then read the resolution which re —affirmed the appointment of former members, Joseph Lorenzo and Marcy Finke, and appointed Mary Rosen, John Sulser, and Vic Tol.ino. The terms are as follows: Mary Rosen. 1 year John Sulser 2 years Vic Tolino 3 years Joseph Lorenzo 4 years Marcy Finke 5 years Councilman Wolkofsky moved to adopt the resolution as read. There were no comments or objections. A vote was taken which was unaminously aye. Motion Carried. Mr. Decker administered the oath of office to the members of the Boards who were present; i.e., William Finck, Joe Good, and Richard Wallace of the Planning and Zoning Board and Mary Rosen and John Sulser of the Board of Adjustment. After the oath, several residents questioned the duties and powers of these Boards and the Mayor informed that an investigation or information could be obtained during regular office hours at the City Hall.. # 6 - ASSIGNMENT OF ALL DEED RESTRTCTTONS AND TEASE OBLIGATIONS AS OF APRIL 1, 1971. - RESOLUTION. The Attorney read the resolution, which would require upon passage, the complete divorcement of the City of Tamarac from maintenance and lease functions as of April 1, 1971, which also expressed the Council's intentkto assign these functions to various sectional associations or non-profit corporations. The Vice -Mayor moved to adopt the resolution as read. There were no comments from the Council. Public discussion was as follows: REGULAR MEETING - February 2, 1971. Charles Ellner - Mainlands #7 - M Asked the Council or the Attorney these questions: 1) If the original assignments of the builder to the City have been ruled illegal, doesn't that revert the whole program back to the Developer ? 2) If the original assignments were illegal and now the program rightfully belongs in the Developer's control, how can the City increase maintenance fees ? 3) He also attempted to question a letter from Tamarac Utilities, sent out on City stationery, supposedly written by Alan J. Goldberg. The Mayor advised that he was out of order as that topic was not germaine to the discussion. Attorney Goldberg answered Mr. Ellner to wit: 1) Nobody has determined the assignments were illegal and 1 feel they were not improper. 2) The increase has not been made yet nor have the assignments reverted to the developer. 3) I don't think that's pertinent. Oscar Seltman - Mainlands #4 - Reminded that two resolutions were required for the original assignments and objected to the " lumping together " of both maintenance and lease in one resolution. Also he commented that the obligations of lease as- signments should be thoroughly reviewed before sections accepted it, for instance, the recreation area tax collection problem. He added that the City's records do not in- clude assignments of lease and deed restrictions from the developer to the City and read a letter dated REGULAR MEETING - February 2, 1971. 5. July, 1970,transmitting re- solutions of assignments dated December, 1969, from William Morse office Carl Wagner - Mainlands # 6 - Stated he could see the merits and problems with the assignments but asked Council- man Wolkofsky how his Section was doing after a month of autonomy.NOTE: Councilman Wolkofsky said they were doing well. Douglas Mittelsdorf - Tamarac Lakes I & II - Read a resolution from his section's Board of Directors stating they would not assume maintenance or lease assignments until the sprinklers are in good working order. He advised the City should first find out if it can legally perform maintenance before reassigning it to sections. Joe Ball - Tamarac Lakes I & II - If the assignments are found to be illegal by the State and should revert back to Behring and the sections have taken over, then, they cannot revert back to the Developer. John Reid - Mainlands I & II As Oscar Seltman,feels it cannot be done by one resolution, but is in favor of divorcing the City from maintenance. Herman Schackman - Woodlands #2 - Criticized the City officials for not responding to his group's letter of January 19, 1971. Advised his people are handling their own maintenance satisfactorily, but were infoMed they mint assume all the responsibilities of the deed restrictions and lease obligations before the City would stop billing their area. )ESCRIPTION OF DOCUMENT: AMERA OPERATOR DATE REGULAR MEETING - February 2, 1971. Hertrich moved to recess the meeting for a period of ten minutes. Councilman Wolkofsky seconded. All voted Aye. Meeting recessed. rB Harry Coleman, Chairman of the North Section, requested order in the meeting hall. The meeting reconvened. The Clerk noted for the record that all members of the Council, the Attorney, the Manager -Clerk, and Secretary were present. #7- MAINTENANCE FEE INCREASE - ORDINANCE. The Attorney read the ordinance in full. Afterwards, the Vice -Mayor moved that in light of the previous action of the Council on agenda item # 6, the ordinance be defeated. Mayor Wilderman asked that in view of the fact that the Council plans to defeat the ordinance that the speakers who made re- quest to discuss this item forego their discussion. All speakers agreed. Attorney Goldberg advised that proper procedure would call for a motion of passage to be defeated. Vice -Mayor Hertrich withdrew his prior motion and moved as suggested by the Attorney. All voted Nay. The ordinance was defeated. #8 - WATER AND SEWER WATER INCREASE - ORDINANCE. The Attorney said that the ordinance previously mentioned Broward County Utilities, but, since Broward County no longer serviced the City, the ordinance had been changed so that Tamarac Utilities ( Mainlands #1 - # 9, Woodlands entire ) and Fort Lauderdale (East of #441 subdivisions ) were the only ones considered. He then read the ordinance. Councilman Himes moved to adopt the ordinance on first reading. Mayor Wilderman said he felt all residents were aware of events of the past week and that it would be foolish for the City officials to allow the City to get into the same situation later. This ordinance, he added, was,,- a re- ventive measure to insure the same event would%cc�r be- cause Tamarac Utilities is the only company left available to residents of Tamarac. He stated the Council is of the opinion that Tamarac Utilities r ates are less than Broward rates . Also, he mentioned that Tamarac Utilities is al- ready metering Mainlands homes and should be completed in six months. The whole program, he continued, will cost the City nothing and residents are asked only for a $20.00 REGULAR MEETING - February 2, 1971. 8. deposit, which is put into an account collecting 6% interest per annum and is returnable with interest upon the sale of the home. ( Broward County Utilities wants a $95.00 deposit, he noted .) Councilman Wolkofsky advised he thought Tamarac Utilities would handle the complete billing process. Attorney Goldberg said some members of the Council were pre- sently negotiating with Tamarac Utilities for this goal. He informed this was only a temporary ordinance between now and the completion of such negotiations. The ordinance, he con- cluded, only reimbursed the City water fund for the amount of the billing .from the Utilities and upon the installation of meters to homes in the City, it would become ineffective as pertains to those homes. In answer to questions submitted by residents at the Workshop meeting, the Vice -Mayor responded: 1) Billing east of #441 by the provisions of this ordinance is in accordance with the two meters in that area, i.e., Tamarac Lakes I & 11 have one meter, North, South and Boulevards have another. 2) The sewer plant has its own water meter %which will be checked monthly and deducted from the total gallonage. 3) Billing West of 441 will be worked out with Tamarac Utilities. 4) The meter in Mainlands #1 - #5 has been cali- b aced. The meter reading will be verified by joint readings by the City and the Company. 5) The problem of sprinkler water is being worked on by the Manager -Clerk. Councilman Wolkofsky stated his invoice from Tamarac Utilities states $4.50 sewer charge for a 2 bath home. Mr. Deckers read from the invoice to the City from the Utilities stating a $4.00 charge. PUBLIC DISCUSSION as follows on this item: Bill Finck - Asked if the gallonage for businesses East of #441 would be deducted from REGULAR MEETING - February 2, 1971. 0 the bill before pro -ration. He was answered affirmatively. Oscar Seltman - Asked if the ordinance would be passed on three readings now. The Mayor said probab ly so. Mr. Seltman suggested it should be reviewed further. He questioned why each section of the Mainlands could be on separate meters. The Mayor said it had been contemplatabd but was impossible due to the system's engineering. Carl Wagner - Questioned: 1) Who will serve Section #6 ? MANAGER -CLERK - Tamarac Utilities. 2) What is the cost per 1,000 gallons ? MANAGER -CLERK - Call my office at City Hall for the figures . 3) What about the sprinklers as I will not be receptive to a meter on my home until sprinklers are operable. MAYOR - Clyde Knolls as of last week is working to correct all sprinkler problems. Douglas Mittlesdorf - Wondered how the Minit Market would be T billed - as the 248th home or a commercial unit. The Mayor said he was under the impression that all businesses have separate meters and requested the Clerk investigate the item immediately. John Reid - Congratulated the officials on last week's emergency action, ref: shut-off of City water averted by directive to connect with Tamarac Utilities. He asked if a flat rate would be charged until meters were installed due to one section using domestic water. Mayor Wilderman explained that sprinkler water would be deducted from the total bill before the same was pro- rated. Paul Zarcone - Complained the Behring Corporation was still advertising maintenance as " from $23.00 ". He also asked if they would REGULAR MEETING - February 2, 1971. 10. have a base water payment until the sprinklers are fixed and questioned the letter sent to residents by Tamarac Utilities on City Stationery. Attorney Goldberg said he wanted to clear that matter up as soon as possible. He reminded that the City Council in the Fall of 1970 passed a resolution allowing Tamarac Utilities to proceed with metering in the City -billed areas and ex- pressing the City's intention to assist them in any manner possible. The Attorney related that he, pursuant to the request of a former Clerk, drafted the letter on plain stationery and mailed it to the Clerk. What happened after that and how the Utilities got the City stationery he could not determine. Councilman. Himes asked if a resolution would be necessary to install meters on commercial establishments. Both the Mayor and the Attorney said it would be handled administratively. The Vice -Mayor expressed his desire for only one reading at this time. The Manager -Clerk called the roll on the motion by Councilman Himes to adopt the ordinance on first reading. Vote: four Ayes: Councilwoman Lange abstained. Councilman Wolkofsky moved for unaminous consent for second and third readings. Vote: Miss Lange abstained, Councilmen Wolkofsky and Himes voted Aye, and Vice -Mayor Hertrich and Mayor Wilderman voted Nay. Motion Defeated. #9- AMENDMENT TO RESOLUTION #70-32 - PROCEDURES - RESOLUTION. The Attorney read the resolution and afterwards, Vice -Mayor Hertrich moved to adopt it. There was no Council discussion as it had been satisfied during the Workshop session. Public Comments were as follows: Charles Ellner - Asked if requests to speak may be by phone and suggested people would rather speak at Regular Meetings. Bill Finck - Also recommended people be heard at Regular Meetings. Mayor Wilderman interjected that the same things are said at both meeting and - none of the Council can see what REGULAR MEETING - February 2, 1971. 11. purposes this serves. For this reason, he added the Council has thought about allowing the discussion on items at the Workshop meeting alone. Oscar Seltman - Asked how people can speak con- structively on an item when dif- ferent points of information are brought out at each meeting. He agreed with Messrs. Finck and Ellner. John Reid - Agreed with Mr. Seltman. Mayor Wilderman said a Workshop was as its name implies. The Council talks, thrashes out items and listens to the comments from the people. In this light, he and the members of the Council feel it is more beneficial to hear the public at Workshop Meetings. Councilman Himes said he would like to prohibit all three readings of an ordinance at one meeting. The Attorney read from page #5, paragraph #F., of Resolution #70-32, which discourages such procedure. Councilman Himes pressed for a more specific statement, but other members of the Council preferred the present ruling as it does give leeway for emergency situations. Vote on the Vice -Mayor's motion to adopt was as follows: Ayes - 4 Nays - 1 - Councilman Himes. ADDITIONAL ITEMS FOR CONSIDERATION. Councilman Wolkofsky moved since three sections were ready to proceed with autonomy and wished to do so immediately that resolutions assigning deed restrictions and lease ob- ligations to these sections, individually, be considered at this time. The Vice -Mayor seconded. All voted Aye. Motion Carried. A. ASSIGNMENTS TO MAINLANDS # 8. - RESOLUTION. The Attorney read the resolution which was to be effective as of February 1, 1971. After the reading, Vice -Mayor Hertrich moved for its adoption. There was no discussion from the Council. Bob Kitti,former Civic Chairman of Mainlands # 8, said he was in favor of the move to autonomy, but questioned how their section could accept the assignments. as thev were REGULAR MEETING - February 2, 1971. 12. Mark Smith, present Civic Chairman, informed Mr. Kitti that his section had been incorporated. The Mayor called for the vote. All voted Aye. Motion Carried. S. ASSIGNMENTS TO TAMARAC NORTH #2 - RESOLUTION. The Attorney read the resolution to be effective February 1, 1971. The Vice -Mayor moved for its adoption. There was no discussion. All voted Aye. Motion Carried. C. ASSIGNMENTS TO MAINLANDS # I & # II. - RESOLUTION. The Attorney read the resolution also to be effective February 1, 1971. The Vice -Mayor moved for its adoption. John Reid, president of Mainlands I & II, asked the Attorney if they were responsible for delinquencies. The Attorney said the section starts with a clean slate. All voted Aye on the Vice -Mayor's motion for adoption. Motion Carried. HIGHLIGHTS OF PUBLIC DISCUSSION. Sill Finck asked how the water rate increase ordinance could have been brought up at this meeting because it had been tabled at the January 26, 1971, Workshop Meeting. Mayor Wilderman answered items cannot be tabled at Workshop Meetings. Oscar Seltman questioned when financial reports would be avail- able and suggested if the people could not speak at Regular Meetings, then only items presented at Workshop Meetings be handled at Regular Meetings. He quoted from the Auditor's report regarding maintenance functions and lease obligations of the City, ( Maintenance presumably has no basis or aut- hority, but lease is mentioned in the Charter. ) and sug- gested -that one resolution per item be used. He also stated that he would like to go on record that Section #4 would not accept the lease assignment. Mr. Decker, in regard to financial statements, said he has given the Bookkeeping Department notice to get the work done. He advised he would not take financial responsibility for the City without a yearly audit of 1969-70. Mayor Wilderman said he was not satisfied with Mr. Decker's response, but was also disappointed that he had fallen back on his promise of January, 1971, to supply current state- REGULAR MEETING - February 2, 1971. 13. meet. He commented that they would try to bet a current statement as soon as possible. Marion Wollenweber asked if it was possible to put three separate meters in for the Boulevards, North, and South. Also she wondered what was being done as regards the Fort Lauderdale take-over of the City sewage plant, East of #441. The Mayor responded that the City's proposal had been turned down, but they were now investigating the pos- sibilities of Tamarac Utilities service to those sections in the area serviced by the City sewer plant and Fort Lauderdale water in the next year. John Reid asked what was happening as regards the taxi service and signs at the Mainlands entrance. Mr. Decker said Mr. Gould had applied to the State for his license and was still awaiting a reply and he asked Mr. Reid to come to the City Hall in reference to the other matter. Carl Wagner admonished the Council for passing the amendment to the amendment to the procedures resolution. Paul Zarcone was concerned as to why the Turnpike tunnel was closed. Mr. Decker answered that a sewer line broke in the tunnel and when the line is repaired and the tunnel cleaned, it would be re -opened. Bill Curran questioned where monies spent for water had been spent. Mayor Wilderman assured that they had only been spent for water and because the revenues equaled only half of the billing the City had a water fund deficit. Moore Perfect expressed sympathetic feelings for Mr. Wagner's and other residents statements regarding discussion at Work- shop meetings alone. Salvatore Massaro asked about the service agreement between the City of Tamarac and the County for water to Mainlands #1 through #5. Mayor Wilderman excused himself and said he was not aware of this agreement and would check into it. REGULAR MEETING - February 2, 1971. Oscar Seltman questioned what the Council was planning to do to reclaim the water deficit caused by the lack of efficient sprinkler service. Clyde Knolls presented a brief progress report on his company's repair of sprinklers within all sections. Mayor Wilderman in closing thanked the North Section for their hospitality. ADJOURNMENT 14. Councilman Wolkofsky moved to adjourn the meeting. There was no objection. All voted Aye. Motion Carried. Meeting adjourned at 10:35 P.M. MAYOR ATTEST: CITY MANAGER -CLERK