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