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HomeMy WebLinkAbout1980-01-25 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC RECONVENED CITY COUNCIL MEETING JANUARY 25, 1980. (from 1/23/80) CALL TO ORDER; Mayor Falck called the meeting to order at 9;30 A.M., Friday, January 25, 1980, in the Council Chambers.. ROLL CALL: PRESENT: ABSENT & EXCUSED: ALSO PRESENT: Mayor W. Falck V/M H. Massaro C/M I. Disraelly C/W M. Kelch C/M H. Wiener City Atty. A. Birken City Mgr. E.A.Gross Asst.City Mgr.,L.Stuurmans City Clerk, M.Bertholf C/M Disraelly said Council had received a memorandum from the City Manager pertaining to a Lift Station, and he would MOVE that it be AGENDIZED by Consent, for discussion and possible action. C/W Kelch SECONDED the motion. VOTE: ALL AYE. Mayor Falck indicated this item would be heard at 1:30 P.M. The City Attorney asked that Item #38 (Fire Dept, pumper truck) be held up as he expects to hear from the attorneys for the bank. Mayor Falck agreed. ITEM #33. Woodview Villas Model Sales Area - Discussion and possible action to approve a sales model area and temporary sign location. Synopsis of Action: Sales and temporary sign approved for time, pursuant to ordinances. Mr. Grossman appeared to represent -rnis----i-rem. is0-i srae!Iy as'eu if only one model was being built, and Mr. Grossman said this is correct. C/M Disraelly explained to Mr. Grossman where this model could be built according to the ordinance, how far from the lot line, etc. C/M Disraelly told Mr. Grossman he would have to go to the Beautification Committee for the sign. V/M Massaro asked if sales were intended and Mr. Grossman said it would be, in the model, when it is completed. C/M Disraelly said staff has recommended approval and he would MOVE that permission be granted for the temporary model sales and administrative office for WOODVIEW, and it be APPROVED for the normal time period that is allowed. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #34. TOLL DEVELOPMENT - Woodmont Tract 58 - Discussion and possib e action for permit to build one (1) model with sales privileges. Synopsis of Action: APPROVED for entire project upon signing of agreement prepared by City Attorney, with no vested rights, until moratorium lifted - without having to come back to Council. 1/25/80 tz J The City Attorney said some backup given to Council may have to be changed in light of the input he received from Council yesterday. Mr. Birken added that the applicant had originally requested last week that he be allowed to construct a model building and not get final inspection or a Certificate of Occupancy so that his crews could be busy while the moratorium was hopefully in its final stages. At request of Council, Mr. Birken said he had drawn an agreement which would be similar to that used for Commercial Blvd. Lands, except in the instance of Mr. Toll it would be a little dif- ferent, since his land is in Sections 4, 5 and 6 and the agreement and stipulation would have to go to the .judge for approval. Mr. Birken said the agreement spells out that developers will proceed at their own risk and the City is making no representations regard- ing the moratorium. Mr. Toll said he understands, but that the buildings may take six to seven months to do and he is willing to proceed at his own risk. V/M Massaro said in that instance, she has no objection. C/M Disraelly said he had expressed the opinion that if a developer is willing to go ahead at his own risk and absolve the City and is willing to abide by the agreement, he has no objections. C/W Kelch questioned paragraph 4 of the Stipulated Agreement. A short discussion took place, and Mr. Birken said that the format is generally acceptable, and he would need to make some changes to clarify the language. C/M Disraelly MOVED that the request of Toll Development, Woodmont Tract 58, be permitted to proceed upon the signature of Mr. Toll to an agreement, to be prepared by the City Attorney, whereby it will be similar to that which has been approved for other areas of the City where Site Plans have been approved, and where he realizes that he has no vested rights until the lifting of the moratorium and that the precise verbiage will be provided by the City Attorney, without coming back to Council for further review. Upon question by C/W Kelch, C/M Disraellysaid if Mr. Toll signs the agreement, he will be building the complex. C/W Kelch SECONDED the motion. C/M Disraelly asked Mr. Toll: if he would be coming in afterwards for a model sales office? Mr.Toll. said if he decides to put a sales office in, then he would come back. VOTE: ALL VOTED AYE. ITEM #32. Commercial Boulevard Lands - Discussion and possible action on; (a) Site Plan (B) Plat - Temp'.' Re'so. It1497 (c) Approval of Developers Agreement by motion. (Located a jacent to Penin- sula Federal Savings & Loan Assn.) RESO. # 90-,17 PASSED Synopsis of Action: (a) Site Plan approved with conditions (b) Plat - Temp. Reso. 1497 - APPROVED. (c) Developers agreement AP- PROVED with some minor corrections. -(a) C/M Disraelly mentioned letter received from Keith & Schnars wherein they assume$30,000.00 an acre for fee for water retention. V/M Massaro said Mr. Schnars:had been informed yesterday, that the fee is $35,000.00 an acre. _ Evan Cross, the City Planner, was present at this time. C/M Disraelly discussed curbing the median on 57th Street for several distances east and west to prevent situations of cars crossing the median. He felt there should be extruded six inch curbing for the length of the property. C/M Disraelly asked the City Planner regarding fees for the change of the sidewalk curbing. Mr. Cross said that should be figured out by engineering. -2- 1/25/80 tz V/M Massaro said that for the record, it should be indicated that the Planning Commission had recommended denial. However, she did not personally agree as it is not based on what the City laws re- quire. V/M Massaro said that the Commission had also recommended that an additional dumpster be provided.. "However,'she- did not feol. this could be done without making it esthetically unpleasing. V/M Massaro said the applicant should be informed however, that an additional dumpster might be required as a restaurant very often has so much garbage. Mr. Culliney said their dumpsters will be ade- quate and the dumpster areas will be able to hold a larger dumpster if necessary. Mr. Culliney said the dumpster indicated on the end will be for the anticipated eleven retail stores. C/M Disraelly asked about the alarm system in the restaurant. Mr. Culliney said they would have smoke detectors, fire detectors, etc. C/W Kelch asked if this "Duffs" would be the same one as that on Davie Boulevard. Mr. Robert Isaly was recognized and said he is the owner of "Duff''s He went on to explain the kind of restaurant it is and said they hope the one they are building in Tamarac would be even better. Mr. Isaly said this would be the nineteenth "Duff's" in Florida. Upon question as to the acreage and fee involved per acre, Mr. Schnars said there are 3.3627 acresand based on $35,000.00 an acre, the figure is $5,884.73. V/M Massaro explained the additional $130.00 an acre which is required. Mr. Schnars said he understood and that total payment would be in one check. C/M Disraelly MOVED that the Site Plan for Commercial Boulevard Lands as presented, be accepted by Council with the provision that a curb be provided on the south side of 57th Street, for the full length of the property; that a check for the water retention at $35,000.00 per acre, plus $130.00 per acre be provided according to City Ordinances; and that the City Engineer recheck so far as the fees for curb cuts on Commercial Boulevard.. C/W Ketch SECONDED the motion. Mr. Birken said, "subject to execution of the developers agreement" be added to this motion. C/M Disraelly added, "subject to the execution of the developers agree- ment, whereby no vested interests are given to Commercial Boulevard Lands in the building, realizing that there is a water and sewer moratorium and that they will execute the agreement as approved by the City Attorney, whereby the City is held harmless if the moratorium is not lifted." C/W Kelch said size Includes that language in her second. Mr. Emil Beutner, Chairman of the Planning Commission, was recognized. He explained why, for the safety of the public, it would be advisable to remove the parking space in the southeast and northeast corners. Mr. Beutner said that the Planning Commission had recommended this. He said that the ordinance covering this, calls for minimum space. C/M Disraelly said he would be inclined to agree regarding the elimina- tion of the space on the southeast corner which is near Commercial; however, he did not feel 57th Street would be generating that much traffic. Mr. Culliney said they would still have enough parking as they have excess, but they do need every parking space as this is a popular restaurant. V/M Massaro said she agreed that the parking space on the southeast corner could be eliminated. C/M Disraelly said he would recommend also that the planter and curbing be ex- tended to exclude that one space. Upon question by Mr. Cross, V/M Massaro said the developer would have to provide a new correct Site Plan to the City Planner's depart- ment before any permits are granted. She said it would be Mr. Cross' responsibility to see that the new Site Plan that comes in meets all conditions that are set forth. --3- 1/25/80 tz I W C/M Disraelly asked that the following be added to the motion previously made. "..That one parking space in the southeast corner, on the east property line be removed, and that the planter and curbing be extended, whereby that one space is removed." C/W Kelch SECONDED the additional language. Mr. Morris Cozen was recognized and said he was with Bermuda Club Management Council. He said that as this item had been listed, there was no way of knowing what was being contemplated. Also, he believed Council had felt that one Agenda should be distributed to each Club- house. Mr. Cozen said if they knew what this item covered, there Tape would have been better attendance. Mr. Cozen added that he knows #2 of the "Duff's" in Davie and they have much traffic as it is very busy, and residents of Bermuda Club do not wish congestion. Mr. Cozen said Council should be aware of the ingress and egress traffic that "Duff's" generates, etc. He said they wish to keep their area safe..and beautiful*, Further, they would like a copy of the Agenda sent and wording on the agendas more in detail. C/M Disraelly explained that the Agenda is printed in the Broward Times. and thus, it reaches more people. He added that an Agenda is mailed out to anyone who requests it, upon payment of a subscription of $15. a year. V/M Massaro agreed, and added that this restaurant has excess parking. Mr. Cozen then mentioned the item regarding "Barry Eden's statement" which was placed on the Agenda. He felt this might also affect Bermuda Club and that the Agenda should state exactly what was going to be reviewed. C/M Disraelly said originally Mr. Eden had just requested that he be heard, and this item was placed on the Agenda. A letter had later been received from Mr. Eden that he wishes to talk about parking space for use of one of his bays. Mayor Falck said they handle the Agenda as best they can and procedure has been explained. Mr. Cozen said he understands. Upon questioning by Mr. Cozen regarding beautification, etc., near the proposed res- taurant, V/M Massaro explained that all aspects had been considered. VOTE: C/W Kelch: Not on dais. C/M Disraelly: AYE V/M Massaro; AYE Mayor Falck; AYE.. (b) The City Attorney read Temp. Reso. #1497 by title only. C/M Disraelly said the Plat includes a piece of property not on the Site Plan, and said it is being platted for any use that will be put on the adjacent property. Mr. Schnarssaid the eastern piece is %-_xYectei� to be an extension of the bank. V/M Massaro MOVED the approval of Reso. #1497, and the Plat as submitted for Commercial Gardens Land, subject to the execution of the developer's agreement. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. (c) This covered the approval of the developers agreement, by motion. Mr. Birken said this is essentially in the form that was submitted to Council, and there would be some minor changes (definitely in paragraph "4"). V/M Massaro MOVED the approval of the developers agreement, with some minor corrections that the City Attorney will make, without returning to Council, and that the appropriate persons will be autho- rized to sign the developers agreement. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. -4- 1/25/80 tz 77 ITEM #27. Budget Adjustment'-' Temp._Ord. #722 -- Discussion and possible action to adopt a budget adjustment to the General Fund Budget - FY 1979/80. Second Reading. Synopsis of Action: APPROVED on Second and Final Reading with attached summary and detail sheets. ORD. #,K,0.2% PASSED Mayor Falck said this had been up for discussion and the Finance Director had indicatalhe would provide in final form, additional information, and that such had been received by Council. C/M Disraelly said that .for the record, all code numbers have been put in opposite each department and is in the form that will, provide for easy discussion of any item in the budget. C/M Disraelly added that the ordinance which had nreviousl_y _been...read had been amended. C/M Disraelly MOVED ADOPTION of Temp. Ord. #722, on Second and Final Reading, with attached siumnary and detail sheets. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #24. BINGO REGULATIONS Discussion and possible action. Synopsis of Action: City Attorney to prepare ordinance based on input. V/M Massaro said that regarding the Bingo Ordinance, she would Like some consideration giver, to other clubs or organizations who would like to have Bingo, similar to those run in section club- houses. She said these organizations pay high rentals and it was her feeling it would be to everyone's benefit that they be per- mitted to run Bingo. V/M Massaro said she felt conditions could be written into.the ordinance. C/M Disraelly agreed that civic, non-profit charitable organizations, veterans organizations and fraternal organizations should be permitted on their own premises to have Bingo. However, he would like to see written into the ordinance that they cannot rent or have an out- side agency run it, that they handle it themselves with no outside help _- the same way as various section condominiums run lingo, Further, that they should not be able to use their area for more than two games per week, day or night or allow another organization to use the premises. V/M Massaro said she does not have any objection but wishes everything written in that will afford the proper protection. Primarily, Coun- cil wishes to keep out the criminal element. C/W Kelch said she originally had discussed that Bingo should only be permitted in an S-1 area, but did not give sanction to any or- ganization who now rents in areas that are in B-1 or otherwise. She said she still continues this feeling, but wants to say that some way or another, she As hoping they can avoid this type of thing in a new ordinance so that they will not have this prohibition immediately upon certain civic, veterans,or charitable organizations that now exist. C/W Kelch then discussed that portion of the County ordinance that referred to games of chance, etc., which pro- hibits a number of things, including prizes given, etc. She felt this matter should be addressed in some fashion in the ordinance that would be written for the City as there are a great number of clubhouses in the City which do give prizes at various events they hold. Mayor Falck agreed, saying that many clubhouses have card parties, at which prizes, many of which are donated, are awarded to indivi- duals. Mayor Falck then explained how Bingo was run in his area, including two callers for the first several games and another for remaining games,____ etc., as they dotry to get the people involved. "5- 1/25/80 tz A W Mayor Falck said they should try to keep the Bingo ordinance simple,as Bingo is mostly for people in the area, many of whom look forward to playing. Melanie Reynolds was recognized and said as the laws are stated now, Bingo money can only be used for Bingo. She said she knows of many clubhouses who are using the Bingo money for building addi- tions to clubhouses, etc. C/Ta Kelch said the County law gives that provision, and in that re- gard, covers the situation. Mayor Falck asked if there was any other discussion. C/M Disraelly stated that the City Attorney would prepare an ordi- nance based on their input. ITEM #22. Browaxd County L.U.P. -- Flexibility Zone & Study Area 61 - Te!np. Or'.7716 - Discussion and possible action relating to voluntary, local park dedication in this area - being Land Sec- tions 4, 5 and 6. First Reading. Synopsis of Action; Temp. Ord. #716 APPROVED as amended, First Reading. Mr. Birken read Temp. Ord. #716 by title only. Mr. Birken said this would allow people in Land Sections 4, 5 and 6, who are under the County plat ordinance, to make a local park dedication direct- ly to the City, rather than having to be made to the County, and rather than making the City wait years before they get money from the County. C/M Disraelly asked if on line 12, p. 2, it should read, "..and/or developing land.." instead of "and developing land..". Mr. Birken agreed. C/M Disraelly asked if the wording on this ordinance included build- ings that might be placed on that land? Mr. Birken said that was the position that they were going to take; that buildings can be included. Mayor Falck said he believed the City Attorney had covered that question in a previous memorandum and asked Mr. Birken to forward it again to any member of Council who did not have it. V/M Massaro MOVED APPROVAL of Temp. Ord. #716 on First Reading, with the amendment. C11,T Kelch.SECONDED the motion. VOTE; ALL VOTED AYE. ITEM #23. Elected Officials 'Perin of Office - Temp Ord. #723 - amending Code Section y modifying the date the terms of office begin. Discussion and possible action on First Reading. Synopsis of Action; Motion to adopt failed for lack of a second. May be introduced again with ,full Council. The City Attorney read Temp. Ord. #723 by title only. C/M Disraelly said he had proposed this Ordinance. The present Ordi- nance says that "...officialselected to public office shall begin at noon on the day following election or when the certifi- cation from County office officials is received.." C/M Disraelly said he is suggesting that instead of the date follow- ing the election, it be -"...not less than three nor more than ten days after election..." He said the reason is twofold; first, when newly elected or reelected officials come in, Council Chamber is filled with friends who come to see them installed, and in three years out of the last four, the installation did not take ;dace at noon oLi the next day. C/M Disraelly then discussed the dates on. T•rh.lch t'-.is had occurred. -6- l/25/80 tz C/M Disraelly felt that taking office that quickly did not give the newly elected official -.n opportunity to evaluate items that are on the agenda for that day. He felt the suggested ordinance would give newly elected officials an opportunity to do so'. Secondly, the suggested ordinance is in keeping and consistent with Federal, State and County procedures, whereby for example, in Federal elections which are held in November, they are seated in January. V/M Massaro said she does not agree. When a person is elected to office, they should be seated immediately. V/M Massaro said when someone actually assumes the seat, all information and back- up is made available to them, and everything falls into place. V/M Massaro added that it takes more than a few meetings in any event, for any person to be of significant value. She said when someone is elected they should be seated and do their job, and she could see no reason for any delay. C/M Disraelly said this is not the case in other branches of govern- ment and he feels that three days at least gives someone new a better opportunity to evaluate F-ep.da iteTps . T�.eWpre., he feels this suggested ordinance would e etter or t e Y. I C/`ti Kelch said she agreed with V/M Massaro. When a person is elected he is elected. She mentioned what had happened when she was running for office, including the fact that she had asked for certain back- up materials, which had been given to her and therefore she was aware of what was going on. Therefore, she felt competent to step in when elected. C/W Kelch said that the Federal laws result in some of the greatest difficulties encountered, when they have__.... "lame duck" situations. She added that when running; for of_fire, person should attend meetings and become familiar with what is going on. Mayor Falck spoke of the time when certification did not come in when expected. Ile said there should be some kind of orderly transit).on and perhaps hold everything in abeyance until they get the certifications. C/M Disraelly said in 1976, the old Council did business all day and then reconvened; in 1978, they did business and then re- convened and the same thing in 1979, so that the "lame duck" did do business. Mayor Falck asked for a motion. C/M Disraelly MOVED to ADOPT Ord. #723. MOTION DIED FOR LACK OF A SECOND. C/M Disraelly indicated he might bring this matter up again, at a full Council meeting. ITEM #21. Beautification Committee -- Temp. Ord. #715 - Discussion and possible action to expand the duties this Committee to review landscape plans prior to review by Council. First Reading. Synopsis of Action: Temp. Ord. #715 TABLED for urther research of Code on areas to be amended. The City Attorney read Temp. Ord. #715 by title only. Ray Baade, Chairman of the Beautification Committee, was present. He said that he served on the Beautification Committee at the time that Committee did review landscaping plans. However, there is a possibility of conflict in Ordinance 78-9, which presently states that this goes to Planning Commission and also requires City Council approval. Mr. Baade said that therefore, certain sections of that Ordinance might have to be redone. - 7 1/25/80 tz A Tape Mr. Baade said they also have one vacancy on the Beautification #3 Committee at present, with a possibility of two more. He would therefore request, that if Beautification Committee reviews landscape plans, that Council give consideration to people who are knowledgeable in landscaping as well as sign review, when filling those vacancies. V/M Massaro said that while the City Attorney is checking the Code for what Mr. Baade has mentioned, she would like Mr. Baade to consider that when the Beautification Committee had been organized, certain assignments were to have been given to cer- tain members, so that they do not have to review the entire plan. She suggested that each member be given a certain assign- ment of what they are supposed to look for, which covers a certain part of the Ordinance. Mr. Baade agreed. V/M Massaro MOVED that this item be TABLED until it can be re- searched further by the City Attorney and Council, so that they can determine what changes need to be made. C/W Kelch said that dates of Beautification meetings would have to be changed if the proposed Ordinance is passed, so that it meets the time frame. She asked if this could be passed on First Reading. The City Attorney said certain references made to the City Code under 6.12 and 6.12(d) are areas he would like to check into. However, the- title of the Ordinance might also have to be changed. C/W Kelch said under the circumstances, she would SECOND the motion, for TABLING. VOTE: ALL VOTED AYE, ITEM #11. WEDGEWOOD -- Discussion and possible action on: (a) Road dedications - Temp. Reso. #1075 (b) Fifth Amendment to Developers Agreement. Synopsis of Action: V/M Massaro objected to road dedications at this time. V/M and City Engineer to check out some complaints received. Check to be made re: illegal patio or illegal structures, sprinkler system, etc. Building #17, to be C.O'd providing there are no illegal structures on it. Chief Building Official to give information regarding how many and which buildings have been c.o'd to date. Mr. Hahn's attorney requested that items of modification for road and drainage work must be communicated to the developer. Item is not to be agendized until all complaints are in- vestigated and resolved by memoranda between de- partments and between members of Council. VERBATIM WAS REQUESTED AND FOLLOWS ON Page 9 up to and including Page 21 E1:11 1/25/80 tr I M 77 CITY OF TAMARAC VERBATIM OF COUNCIL MEETING OF 1/25/80 WEDGEWOOD M/ FALCK: Item #11: Wedgewood, discussion and possible action on (a) road dedications, Temporary Resolution #1075 (b) Fifth Amendment to Developer's Agreement. Does that mean Mr. Hahn is going to take the Fifth? V/M MASSARO: Mr. Mayor, it is the old story again,,but I would object to the road dedications being accepted at this time. I do want to say "thank you" to Mr. Hahn for the work that you have been doing, it was a long time coming, but the improvements are being made, and we're happy to see that they are. But I think that everything was too soon. We haven't had the opportunity to determine that everything that needs to be done has been done or is being done. But, nevertheless I think some consideration certainly has to be given to Mr. Hahn, because I think he has a problem with C.O.'s. HAHN: Gene Hahn, Developer of Wedgewood. The answer to your question is "yes" --- the Office of the City Engineer, everything that has been requested in the punch list has been done, inspected and approved. V/M MASSARO: Well, that is great Gene, and, but you just left the Engineer now and as far as we're concerned we have to satisfy ourselves that everything is done. In the first place, I have various letters from different people in the area and I've checked some with Larry, our Engineer, and he said that he found that you were taking care of some of the people but there was one or more that he felt were unreasonable in their request, and it is possible because it is not unknown that people sometimes are unreasonable. But regardless, I think that until we have satisfied ourselves that either they were unreasonable or that something should be done. I don't think that any dedication should be accepted this fast. I think that we need time and I don't think that that is going to make any difference to you anyway, whether we accept the road dedications at this moment or not. I don't think that that's holding you up in any way, but it is going to satisy us that everything is taken care of, I think that we should, unless Council disagrees with me on that point, then I would like to go on with what your needs are right now, as far as the Amendment to your Developer's Agreement is concerned. HAHN: Well there are six (6) C.O.'s being held up. V/M MASSARO: How many? HAHN: Six (6). V/M MASSARO: And did you tell me that you needed two (2) or maybe three(3)? HAHN: There has been one (1) on Mr. Eigner+s desk for a week. The balance will be finished in another two weeks. I would like to have them all. I have been coming back since 1978 and it has been piece -Heal all along. V/M MASSARO: Well we have been getting it piece-rrO.al. tcP Gene. I think that we have co-operated with you very well and if we weren't getting it piece -meal, we wouldn't have had to do it and we did what we did because we were trying to be helpful to you. So, you're not going to get all of them at this time until we are satisfied about everything and I know that you don't need all of them right now but I think that the last you told me was that you needed two (2) and that you may need another one. HAHN: Today, my attorney is here and I would like to bring him up to the podium. M/FALCK: Sure. I I V/M MASSARO: Mr. Mayor, I would, oh, did you have something to say? C/M GROSS: Could you give us your name? ------------ M/FALCK: The folks can't hear you sir. BUCK 2hat's three (3) before the next Council meeting out of the six It is 0= understanding that the City Engineer has approvedit, which I haVefassumed is just City Council action confirming the decision of the City Engineer's made. That is my understanding, it may not be fact, but everything that the City Engineer has requested has, to the best of my knowledge, been done. So I suppose we're asking you, what we are looking for now --- and get on the agenda for the next board meeting. (6) . the V/M MASSARO: I would suggest that we have four (4) this time Mr. Buck and at the next regular Council meeting we should be able to address the rest, if as Gene said and I have no reason to doubt him but if everything is alright we should at that time be able to release the rest and accept the dedications. BUCK: What would be the basis for the Developer knowing what if anything else has to be done because --- indications. V/M MASSARO: Well for one thing Mr. Buck, I'm going to take a personal look at this because we've had, Mr. Keating is doing an excellent job and it is no reflection on him, but we have had approvals from Engineers before and I've gone out there and almost got sick when I saw certain things. Now Mr. Hahn wouldn't be making improvements all this week if the work had been done as the Engineers had certified to it one time. I am very thankful for the man that we have doing the work up there now and I hope that it stays that way. I hope that I can say the same thing about him next year but I do know that Mr. Hahn has made a lot of improvements since then, but if they weren't necessary then he wouldn't be making them. If the Engineer did approve it. So you see why I'm going to say that I'm going to look at it. I don't care what, I'm not an inspector, but I'm going to satisfy myself, particularly when I have at least five (5) maybe six (6) letters upstairs from people who own units there that are complaining. Now Larry tells me that some have been addressed and some he felt have been unreasonable, maybe there are. If I feel that they are unreasonable I'm going to recommend to Council that they be disregarded because I have known people to be unreasonable. So I'm not saying that this doesn't exist but I'm saying that is that until I'm satisfied myself. I'm not going to recommend to this COuncil that they approve it and as far as these things are concerned. BUCK: I understand that one of the complaints that Mr. Keating has received that he thought had some justifiable reasons he'd put it in the letter to the Developer --- V/M MASSARO: I didn't quite follow you , would you please say it again Mr. Buck. BUCK: Apparently you have received or the City Engineer has received comments from thehomeowners that some of the road work and drainage work was in their opinion, unsatisfactory and apparently these comments that Mr. Keating the City Engineer felt justified are the ones that he included in the letter to the Developer requesting modifications and improvements. V/M MASSARO: I'm not sure what happened then because I've been out sick. All I do know that I talked with Mr. Keating on the phone once or twice regarding Mr. Hahns' packet because I knew that it was coming in today and that he needed some more C.O.'s and trying to assist him. I've been trying to keep on top of it as much as I could over the telephone, but I know that Mr. Keating said that progress was being made and the corrections were being made but to what extent I'm not sure myself and I'm going to satisfy myself because the staff only makes recommendations, we have to make the decisions here, they can only recommend to us. 1/25/80 .-lp_ ej/ r M/FALCK: Mr. Buck, we had a public hearing in here back a couple of weeks ago, you want to comment, go ahead. C/M DISRAELLY: If I may. M/FALCK: Go ahead, sure, it's ok. C/M DISRAELLY: The letter to Gene Hahn by the City Engineer was dated January 3rd. The Mayor is referring to a meeting that was held on January llth at which time a number of residents of that area brought in some other items of discussion and I think that is what the Vice Mayor and the Mayor have referenced to at this particular time. So that there are items that are not on this list that were brought to our attention eight (8) days after this letter was sent out by the.... BUCK: I'm not aware that the City Engineer has passed on or has requested from the Developer any new modifications or improvements in the roadways and drainage since that January 3rd letter. M/FALCK: I don't know whether he has or he hasn't, but speaking for the Council we listened to a tremendous number of complaints from those people out there and the only thing that the Council is interested in is that something has happened to improve that situation. Now I haven't heard nothing that would indicate to me whether one or all of these items have been taken care of. I don't know, maybe those items don't exist, I don't know but when you have a body of people stand up here and we went through a couple of hours session listening to people complain about things that they had reported and had not been taken care of and Council's only concern was to see that these people received satisfaction some way or another sir. BUCK: I appreciate that and there is no complaint on that, the only question I have is that unless those items concerning modifications and improvements to the roadways and the drainage system are communicated to the Developer there is nothing we can do to either have knowledge of the discrepency that exists, or take action to correct them. The only information that we have received is what is in the City Engineer's letter. M/ FALCK: Dated January 3, BUCK: Requesting whatever additional modifications or improvements --- (Two people speaking at one time) V/M MASSARO: Mayor, I'm not sure that that letter included the complaints and at this moment I'm not saying that they did, but there is one other thing that I want to bring to your attention. You know that there is no bond on that project and if there were we wouldn't have to be quite as sticky about this as we are. But there is no bond; Mr. Hahn wants to post a bond so that we're sure that there is no further problems. That's alright too.W e would be happy to do it in that manner and then we can release it because the normal way of doing it is he had a project that there were extenuating circumstances there so the normal procedures were not followed. But now we have to do whatever is necessary in order to give full protection to the City and its people. And as soon as I'm able I'm going to take another look, and I'm going to, I've been there with Mr. Keating before. I think that I'm going to take another dry run with him one of these days as soon as I'm able to and we'll see that a list goes out to Mr. Hahn and I'm sure that he will take care of everything that needs to be done. In the meantime I would move that we permit, with the amendment to the Developers Agreement that he be permitted to have an additional four (4) C.O.'s that will be releasing four (4) more buildings and it will only leave two (2) buildings to be, to still be C.O.'d and we will take it up again at the next regular meeting. BUCK: The only request that I would have to the Council is if possible consolidate all of the requests for required modifications and improvements to meet the standards of the City for roadways and drainage if that 1/25/80 ej/ could be sent to the Developers as quick as possible so that the work can be done because the final C.O.'s will be coming I'm sure. V/M MAS&ARO: I'm going to have to do what I said I would do as quick as possible, but wu-`:regoing to have to wait until that fel-b w upstairs, who is a good friend of mine, makes sure that I'm well enough to do it. M/FALCK: There isn't any reason that with the listing that we had that some of this information couldn't be submitted by the City Engineer to ---- V/M MASSARO: Well it depends on whether or not he has all the M/FALCK: Whether he has what? V/M MASSARO: Has all of the complaints. M FALCK: I don't know whether he has, does or not. V/M MASSARO: I don't either at this moment, that is why I'm not putting my head out on a limb. C/M DISRAELLY: I would like to suggest Mr. Mayor, that based on our meeting of November llth that I thought that Ben was going to send a letter out by January llth. I thought that Ben was going to send a letter out because I gave him a list of some of the things that he may have missed and it was my understanding, he didn't send you a letter? V/M MASSARO: Then I learned later was not handled because some of that had to do with the swales and C/M DISRAELLY: He got the list and I thought that he was going to handle it. V/M MASSARO: But he, you see that being ---- I thought that he inspected that, but it turns out that Engineering has taken over the inspection of the grading and that he wasn't the one to send the letter. C/M DISRAELLY: Well I thought that he had sent it, anyway, but the other point that I want to raise is this matter of the discussion of January llth which was about the patios and so forth. Is that going to be reconciled before the final approval ---? V/M MASSARO: Well there is one thing that has to be reconciled there and that is whether there is an illegal patio being constructed. He was supposed to have given us a memorandum on that and I wasn't about to bring it up today, but as long as you brought it up I'm waiting to find out what he has done about that because that was something that Ben was supposed to give us a memorandum on because if there is an illegal patio going in there it has to be brought to our attention so that proper action can be taken. Whether it's something that can be allowed to go in or that it is something that has to be torn out I don't know and not knowing it is just some of the things that I still have to check into. C/M DIS-RAELLY: I think that before we conclude that this has to be addressed for example, for considerable discussion on the patio on building 13, in the island. V/M MASSARO: There was one patio that they said was being constructed and it appears that it is an illegal structure. I'm not saying that it is at this moment because we're to get a memorandum on that. Ben was supposed to look into it and give us a memo, but I haven't seen it yet but then again I've been out so I don't know if it is on my desk or not. If it was on my desk it would be on all your desks. C/M DISRAELLY: At that time also there was a discussion of several other patios which do not appear on the site plan. This is why some of the people were asking questions of Council as to how come some and not others, and building 13 was a particular one, but there were others who 1/2 5/80 ej/ l said "how come I can't have it and others were permitted". If you recall there was quite a heated discussion about the three (3) areas that are --- V/M MASSARO: I remember very clearly stating to Ben at the time that if that structure was going on and was not on the site plan it was an illegal structure and that it V7ould be red tagged immediately. I don't know what they did. C/M DISRAELLY: I feel this whole thing has to be addressed at one time. I mean it has to be cleared up at one time before the final C.O. is given and then there is no holds. V/M MASSARO: These four (4) buildings, what building is the model in? BUCK: Building two (2). V/M MASSARO: Building two (2). That is one of the buildings that are not C.O'd yet isn't it? BUCK: It has a temporary.C.O. V/M MASSARO: I beg your pardon BUCK: It has a temporary C.O. V/M MASSARO: I don't think that building should be C.O'd yet. C/W KELCH: The one in question in regard to the infringement of the parking awarded to the Spyglass people for the Clubhouse, that is involved in that too. There is a structure there that I have already had some communication on that. I think that there are a great many things here that need to be looked into because there is a definite interference there with areas that have been stipulated for Spyglass so that they can make use of their Clubhouse and I think that we have to look into many things here. V/M MASSARO: Mayor? M/FALCK: Vice -Mayor. V/M MASS-ARO: I would like to ask Councilman Disraelly, "do you have that marked what building that one that I said it appears to have an illegal structure there?" C/M DISRAELLY: I think that that is building thirteen (13) C/W KELCH: Is that the one that I'm talking about? C/M DISRAELLY: Adjacent to the Clubhouse parking lot, on the island. C/W KELCH: Yes yes, that is the one that I'm referring to. C/M DISRAELLY: That's the one where there is a thirty (30) foot setback between V/M MASSARO: I don't think we should C.O. that building should we? C/W KELCH: No way. C/M DISRAELLY: Building thirteen (13), building thirteen (13) they are living in. V/M MASSARO: Well if he is putting a structure up that doesn't appear on the site plan. C/M DISRAELLY: They're living in it. Vice Mayor they are living in building thirteen (13). Building thirteen (13) abuts , backs up against building fifteen (15), there is thirty (30) feet between the two (2) and there is a structure that goes back. 1/25/80 ej/ L J F 1 V/M MASSARO: Well if they're living in there then additional structure that is going up must have been done after the people moved in and probably at their request. Gene, you know better that that. How did you come to put up something. HAHN: Just a minute, we're really off base. That was contracted, it was built a year ago and it was built together with the building. V/M MASSARO: Well how come you didn't come in with an amended site plan? HAHN: Amended site plan? V/M MASSARO: Ah huh, HAHN: There was nothing more than perhaps a couple of feet difference than the patios they put behind every building ---- V/M MASSARO: You know you're not allowed to build anything other than what appears on the site plan without coming in and getting, having an amended site plan approved. C/M DISRAELLY: There is also some patios that's either on building twenty (20) or twenty one (21) --- toward the golf course. The ones seen from the roadway. Gene wasn't here at the January llth meeting but there were a goodly number of people who were quite upset about the status,"how come him and not me".,, V/M MASSARO: Is that the, is there patios under construction there now in that island as we call it? When was it completed? Cause when they were in here in January they said that the construction was going on at that time. HAHN: --- the building was C.O'd, it was C.O'd with the building. I believe it was in December. C/W KELCH: How in God's name do these things get C.O'd if they have things on them that weren't on the site plan is beyond me. Something is very very loose somewhere, we can see this happening. V/M MASSARO: I would still recommend that M/ FALCK: Would you mind making it a motion? V/M MASSARO: Yes sir, I made a motion that, let me withdraw that motion. C/M DISRAELLY: There wasn't a second. M/FALCK: That's right, there was no second to it. V/M MASSARO: Alright, I make a motion that he be given four (4) C.O.'s and that, are any of those four (4) buildings now have patios that don't belong there? HAHN: Two (2) do. V/M MASSARO: Which building are those? HAHN: Building one (1)(can't pick up the rest of the sentence) V/M MASSARO: What buildings are you ready to C.O. right now? I'm talking about something with a roof on it or what have you. HAHN: Two (2) V/M MASSARO: What building are you read to C.O. right now? What are they waiting for? HtkHN: Seventeen (17) has been on Mr. Eignees desk now for a week. Building sixteen (16), three (3) and two (2) will be done next week. V/M MASSARO: Does seventeen (17) have one of the illegal structures on it? HAHN: Either sixteen (16) or seventeen (17), I don't know which. I can't be sure. 1/2 5/80 ej/ 7. C/M DISRAELLY: May I ask which buildings are not yet C.O.'d. HAHN: One (1) two (2) three (3) sixteen (16) and seventeen (17). C/M DISRAELLY: One (1) two (2) three (3) sixteen (16) and seventeen (17), just five C.O.'s? V/M MASSARO: I thought there was six (6). HAHN: Right, I just remembered eighteen (18) C/W KELCH: We've given them four (4); we're only holding one (1) now. V/M MASSARO: They've only got five (5) no. C/W KELCH: Forget about it, V/M MASSARO: No, forget about it. C W KELCH: You know we discussed this the other day Alan. M/ FALCK: Yes sir. NO NAME We would like to be able to speak Mr, Mayor. M/FALCK: You will at the proper time. V/M MASSARO: Mr. Mayor, I would rather hear from the residents there before we go any further with this. M/FALCK: You would like to say something? Are you the spokesman for all these people? FELTENSTEIN: I think so --- my name is David Feltenstein and I would respectfully remind the Council that at the meeting two weeks ago --- at which time the Council specifically and definitely said that there would be no additional C.O.'s be handed on the remaining buildings until the major defects, and there are some very serious defects about which you were advised, that those defects would be taken care of. V/M MASSARO: What defects are you talking about? FELTENSTEIN: Drainage problems in the so-called circle. Tremendous drainage where floods exist every time the rain comes and everytime the sprinkler goes on. Floods come within three (3) to four (4) feet. V/M MASSARO: Now just one moment please. Mr. Mayor, I would like the Engineer to come down too,because after all the Engineer has indicated that the drainage problems have been corrected. There is,no use your saying something and having to repeat it. If you would please wait for him to come down and then say whatever you have to say. I think that is a better way, isn't it? M/FALCK : Yes I would think so, V/M MASSARO: Why don't we take a five minute recess until the Engineer comes down? M/FALCK: I would be delighted, but I must leave at 12 o'clock. I have a luncheon that I have scheduled and I can't break it. I have people from out of town that will be here. M/FALCK: Can we come to order please? You may finish now sir. FELTENSTEIN: I will repeat, my name is David Feltenstein. I'm one of the owners unofficially representing the group that is here. I respectfully advise that to remind the Council that two weeks ago this morning the Council after hearing some of the complaints that were uttered here that were brought to your attention. The Council decided that there would be no C.O.'s issued on the remaining buildings until the major defects were cleared up in the triangles and inadvertently �.� 1/25:/80 ej/ I I I --- before. I am talking about the major defects, such as the terrible amount of flooding that goes on behind two groups of houses, between or in the midst of the triangles and the side of my house in addition to that. Now, nothing has been done about correcting that condition. I cannot understand how the Engineer was given to understand or advised this organization, this Council that such had been done. Nothing has been done, absolutely nothin, not a drop of sand, or a bit of drainage of any sort. The other day when we had that rain, the side of my house was slush, slush, slush, the water was three (3) to four (4) inches deep. The back on a normal day of rain, or when the sprinklers run the areas between, which is behind building fourteen (14) and fifteen (15) and the building opposite of us, building thirteen (13) C/M DISRAELLY: Pardon me, this is phase one you are talking about? FELTENSTEIN: Phase two. C/M DISRAELLY: You're talking about phase two? FELTENSTEIN: --- the triangle, the so-called triangle. The water is deep there that it comes up to within three (3) or four (4) feet of the legal patio that I have. Number two ladies and gentlemen of the Council advised us. C/M DISRAELLY: Your+n which building Mr. Feltenstein? FELTENSTEIN: I'm in building fourteen (14). The Council also advised us that all of our slabs and all of our rear patios were illegal because there were no amended building plans filed and it was my understanding that our Engineer was going to request or the Council was going to request our Developer to file those plans in toto to simplify and eliminate the problem of the rear patios. Again I understand that nothing has been done in those two. If there are any questions, I'll be happy to the best I can, but that is essentially what we'd like to bring to your attention before you vote on additional C.O.'s. Thank you for giving us this opportunity. M/FALCK: Thank you. HAHN: Mr. Mayor, M/FALCK: Yes sir, HAHN: May I make a comment please? M/FALCK: Yes HAHN: Eugene Hahn. We've had problems with the sprinklers back there and we know why we've had problems, the sprinkler system is a maintenance headache to begin with. The system was designed that it puts out sixty (60) gallons of pressure from sixty (60) PSI's built throughout the system. The system runs on an automatic basis from zone to zone to zone to zone and it runs and continues to run until such time that it goes to the next zone. In many instances, and we've had this throughout the project, that homeowners wanting not to water or to water it have screwed down valves. The system can be operated electrically or manually. Turned down valves which then prohibit the electrical charge from moving from zone to zone. That is what has exactly, what has happened in the triangle and as a result the system ran for four (4) straight hours. I looked and counted, we have no --- listed. In this area, behind those buildings which Mr. Feltenstein recommended, there is an area approximately 7800 square feet 16 feet wide by 130 feet long approximately. In four hours time with seven (7) knockers and fifteen (15) heads, the system put out 4200 gallons in hourly or in four hours almost 1700 gallons. On that area that is equivalent to a twenty --five (25) inch rainfall in a twenty-four (24) hour period. So an inch an hour is coming out onto that ground and anything is going to flood at that rate. I think that Mr. Keating will support me -- MOVERMAN: My name is Irving Moverman, I live at 6414 Pinehurst Circle E. C/M DISRAELLY: What building and lot? What building? MOVERMAN: Building twenty nine (29) C/M DISRAELLY: Number, letter. You're in the first phase? 1/25/80 �16- ej/ MOVERMAN: That's right, Pinehurst Circle. I want to back up Mr. Feltenstein, remarks that he made. I have an objection to the ditches cut out of our driveway. Whenever it rains we get one, two, three, four, five, six inches when it rains. We can not go to our houses without having to go through swales directly. I spoke to the Engineer and after speaking to him, the Developer put a pink coating on all of the contours of the ditch. The ditch was not corrected, there is still water there. My house and other houses and I would like to make the same objection that Mr.Feltenstein did, and this is in the circle. M/FALCK: Vice Mayor. V/M MASSARO: Mr. Mayor, on those swales it is one of those cases you're damned if you do and you're damned if you don't and I don't know how we're going to reckon with these because the South Florida Water Management District requires those swales so naturally water is going to stand in them for some period of time and there is supposed to be some percolation there and hopefully there is and I don't know how good that percolation is. Larry, are you aware of how good that percolation is in the Swale areas? How long does that water generally stand in those swales? KEATING: The way I understand the water does stand there for a period of a few hours. It all depends on the amount of rain that falls how long the water will stand there and whether it rains right after the lawns have been sprinkled, then the water will pond for a longer period of time. But that is one of the conditions you're talking about. M/FALCK: How about the sprinkler water, does that stay there too? KEATING: It will until it percolates through, sure. V/M MASSARO: Mr. Mayor, M/FALCK: Vice Mayor. V/M MASSARO: There are too many things here to be reconciled and I would suggest that only the one C.O. be given and that we get some more information from our Chief Building Official. Let's know what is going there. Let's hear what Irving's got to say. C/M DISRAELLY: No, it's just that I'd like the building, instead of saying one C.O., I'd like the building number to be given. V/M MASSARO: I don't know which number now to pick on. C/M DISRAELLY: We'll let Gene V/M MASSARO: There seems to be something wrong with every one of them. C/M DISRAELLY: Let Gene determine which one building. The reason I asked that question Vice -Mayor. V/M MASSARO: Well I don't want to use the, I'm hoping to. What building hasn't got an illegal structure on it Gene? M/FALCK: I know that he needs to take the fifth now. C/M DISRAELLY: Pardon me Vice -Mayor, you see Vice -Mayor this isthe reason I'm asking that. Up to this point going through the minutes here, we've said so many more. But at this point I think that we've lost track of how many are included in this more and more. The last time in December we gave them two additional, now which two they are, we don't know. V/M MASSARO: Well the Chief Building Official can tell us that, but. C/W KELCH: I know what he is talking about Helen and I agree. I'm not going to release one unless I know what building it is and it is safe. r17- 1/25/80 e7/ V/M MASSARO: Well I don't know what you call safe. C/W KELCH: That we're not opening up another Can of worms here. As far as I'm concerned it sound to me that nothing more should be done. C/M DISRAELLY: The prior Developers' Agreement don't indicate how many. They just say, we'll grant you some and then we put that in a motion. V/M MASSARO: Well you see the sad part is that the Chief Building Official has never told us there was an illegal structure there until the last meeting and whenever he's. You see we authorize a C.O. and we didn't indicate a building because we're not in a position to say which building is ready to be C.O.'d, but he is. M/FALCK: Can you tell us that this morning? HAHN: Number seventeen (17). M/FALCK: Number seventeen (17). V/M MASSARO: But he has already indicated that that has the illegal structure on it. C/M GROSS: If it was illegal it wouldn't be C.O'd. V/M MASSARO: Well the only thing that I can tell you is that if we authorize seventeen (17) it would be specifically with the statement, the proviso that if there is an illegal structure that he is not authorized to C.O. it. M/FALCK: We should make it conditional. We can make it conditional. HAHN: I think that you could also make it conditional that upon direction of the City that I'll knock them down. I'm not the one that --- it is going to cost a few bucks, but it is the homeowners that are going to suffer, but if they want them down, they'll come down. Tape V/M MASSARO: Well that isn't going to make me cry. Who's going --- Side #4 You don't just, you don't just , you put it on your site plan and you do it with the proper authority, you don't just build things on. C/W KELCH: Good Lord no. M/FALCK: I would suggest that C/M DISRAELLY: At the present, pardon me, at the present time, every home has a slab of some sort in the back sir. Every one of them. M/FALCK: I suggest that we authooize seventeen (17) with the distinct understanding that there is no illegal structure on it. C/M DISRAELLY: But there is a slab in back of it, everyone of them. When they were built, everyone of them had a slab put down. A three by five (3 x 5) or six by twelve (6 x 12). V/M MASSARO: Well the slab if it has nothing on it isn't going to do anybody harm as long as it isn't, doesn't have a roof or anything on it. I'm not tcD concerned about it, but if they start building something on it, that is a different story entirely. Well one is the one, didn't you say that number one is the one that has the model in it? C/M DISRAELLY: Two has got the model. V/M MASSARO: Building two (2). 4 C/M GROSS: What Council is saying that you're not going to get a C.O. on any building that has an illegal building on it period, that's all. HAHN: --- the way out of it is that the Council now says that those structures can not be built, then I have a basis for taking them down. There are only two buildings still under construction. That then should 1/25/80 -18- ej/ 401 take care of any illegal --- structures. C/M DISRAELLY: I think that you 're asking us to make a determination at this moment Gene on something that I'm not going to make a determination on. You're telling me at this point, knock them all down. I think that at this point. HAHN: That is not what I said Mr. Disraelly. All that I'm saying is that I have a building here, people want to move into the building. C/M DISRAELLY: Right. HAHN: If I contracted a year ago to put up a porch on the rear, I can not then take it out without being in breach of the contract. if it is determined that such structure is illegal then I have the basis for taking it down and refunding the money back to the people. It is very simple. M/FALCK: The chair still feels that we should grant the C/M DISRAELLY: One today and we'll discuss the others later. M/FALCK: Then they should be discussed. This whole mess should be cleaned up by the next Council meeting. That would be my suggestion. V/M MASSARO: Well I want to go a little further than that. That it not be brought back to Council until all problems have been resolved through memorandum between our Departments so that we know,exactly know where we are and what's going on over there and then 1-agendize for further review. And if it is done quickly fine, because we want to get it cleared up too, but if it takes a little more time. But I do say that if there is a, can we make it any one building that's ready for C.O. and that the Chief Building Official be instructed to be absolutely sure that there is no illegal structure. M FALCK: I would do that on, he has requested seventeen (17) and he said V/M MASSARO: Well what if he has an illegal structure? C/M DISRAELLY: Provided that there are no illegal structures. M/FALCK: I would make that a part of the motion. V/M MASSARO: Ok. Building seventeen (17), are you familiar with that? I'm going to find out why or if this kind of flooding occurs with the sprinkler systems on. Those spriiiler systems, have they been reset Gene so that they are no longer ? HAHN: Diaphragms have been reset with low volume heads on it to cut the wat(tr output less than half. C/M DISRAELLY: May I ask this question? HAHN: There is a tight area there. You know each building stan(J alone as far as the inspections are concerned, but you put them all together and it is just toomuch water coming out. C/M DISRAELLY: May I ask Gene, building 4,5, and 6 are the sprinklers working there? HAHN: I don't know. C/M DISRAELLY: I would suggest that ;the sprinklers are not working in those buildings. HAHN: I would be surprised --- V/M MASSARO: You mean they have been cut because they have been throwing out too much water? HAHN: No, I don't know why 1/25/80 ej/ I V/M MASSARO: You will have to come to the speaker Gene. C/M DISRAELLY: I know that four and five (4 & 5) are not watered. HAHN: Anytime that a valve is shut down it breaks the diaphragms a $60.00 item. It takes you a while to find out why it's broken. In that particular area we had F.P. & L. come in and put the service in and they tore out the control lines which has now been ordered and I believe has been set up. It came from out of town. V/M MASSARO: You never found out who did this? HAHN: F.P. & L. C/M DISRAELLY: F.P. & L. V/M MASSARO: No, I mean who tore out the layout. HAHN: Well diaphragmswill break when you screw the valves down to tight. You can do it manually or electrically. You've had a slew of them on the other side toe.. Residents say there is enough water and we shut it off. M/FALCK: Is that agreeable with Council to make a motion for the one immediately? V/M MASSARO: I already made a motion that building number seventeen (17) now are you saying that I didn't do it? Ok, then I move that building seventeen (17) be C.O'd providing that there is no illegal structure on it and that the Chief Building Official be given that instruction and underline the providing no illegal structure is on the building and that no further C.0's will not only be issued but the item is not to be on the agenda until all these complaints are investigated and resolved by memorandum between departments and between members of Council before the item is again agendized. C/M DISRAELLY: I will second that motion. I would request that the City Clerk to advise the Chief Building Official that each member of Council would like to know, based on the various agreements up to date, as to how many and which building have been C.O'd. V/M MASSARO: The Chief Building Official, ask the Chief Building Official to give us that memorandum please. C/M DISRAELLY: Yeh, that is what I'masking her to do. V/M MASSARO: Send him a memo Marilyn to tell us exactly what buildings have been C.O'd and I would also, it was a request before, ask him also to let us know if there are any illegal structures on any of those buildings. C/M DISRAELLY: In the entire project. V/M MASSARO: That's right. M/FALCK: Ok, we have a motion and we have a second. Discussion. Call the question please. CITY CLERK: (Called for the vote) C/W KELCH: Aye C/M DISRAELLY: Aye V/M MASSARO: Aye M/FALCK: I vote Aye V/M MASSARO: I would like to ask,Larry in that inner sanctum that is what I call it, that little green area, do they have any drainage in there? KEATING: I suspect not; of course my investigation is only looking at the roadways, the drainage within the roadways to see that those front lots are drained. To see the conditions of the Developers Agreement. MASSARO: Would you check that situation and see what goes on there. Would you have that checked to see if at least that much is done,_ 1/25/80 - --20- ej/ C/M DISRAELLY: I think that is an important thing you brought up whether there is drainage in that island. Maybe a catch basin will have to be put in there. V/M MASSARO: Sounds if there isn't. Could be, might be necessary, because if it hasn't been adequately pitched there. If you haven't got a proper grade they may have to do something about drainage in there. Look it over and let me know. COSTELLO: My name is Anthony Costello, I live in Wedgewood Estates. I would suggest that the Engineers or someone come down here after the day it rains, not on a day when the sun is shining. V/M MASSARO: Well you're going to have to order that Lord Almighty to put the rain down for us. We've been there, he and I went in the rain period. COSTELLO: Good, if you go there otherwise you don't know what is going on. M FALCK: Thank you very much. MEETING RECESSED at 12:15 Tape Mayor Falck reconvened the meeting at 1:45 P.M. #5 Roll call taken: PRESENT ABSENT & EXCUSED: Mayor Falck C/M Disraelly C/W Kelch V/M Massaro C/M Wiener The City Manager asked that Item #38 be held for awhile since they expect to hear from the bank later this afternoon. ITEM #49 LIFT STATION. Discussion and possible action. Synopsis of Action: Health hazard involved. Purchase to be made on emergency basis. Contract to be signed with Trio Development at sum not to exceed $16,550. for purchase and installation of a Hydrostahl pump,etc. Permits must be pulled, but City will waive fees. Funds will come from Operating Revenue Fund (Con- struction Fund Acct.) #430-371-535-673. The City Manager said that Mr. Salsberry, Director of the Utilities, had called to his attention on Wednesday, that the Lift Station in Lime Bay was no longer repairable. Mr. Cross said because there is a health hazard involved, purchase must be done on an emergency basis. The sole contractor in this area who does the kind of work involved, is Trio Development and the cost is $16,550.00. He asked that Mr.Salsberry explain this item to Council. Mr. Salsberry said the sewage lift station was constructed in early 1973 or 1974. It had functioned pretty well until the late Fall of 1979 and in late November, early December, they had a pump that failed, and which was sent for major repair. Mr. Salsberry went on to explain how they operated the lift station during this failure. Mr. Salsberry said what happened last week now made this pump no longer operable and they cannot continue with the type of temporary arrangements. Therefore, they tried alternate means and a contractor in Pompano gave two alternate bids, and advised they could proceed immediately upon notification and receipt of a purchase order,and would be done within five days. Mayor Falck asked if any parts are kept in the event of an emergency. Mr. Salsberry said they did keep spare seals and gaskets and things of that nature. However, in the last Dump that had failed, sand and grit got into the shaft housing and the unit was far beyond repair. r21- 1/2 /80 ej/ Questioned. by C/M Disraelly as to how many different pumps there are, Mr. Salsberry said there were six different manu- factured brandsof pumps throughout the system so they are not uniform in nature. C/11 Disraelly said in that event, they cannot take from one pump to the other easily? Further, if they kept an inventory, he would have to have six different inventories? Mr. Salsberry answered affirmatively. C/M Disraelly asked if this could be attributable prior to pur- chase of the Utility. Was it one of the items that should or could have been included in the engineering review? Mr.Salsberry said there was no way of telling that the pump was going. Ile said that because of the nature of the sewage and the pumping, they run into a lot of sand and grit and this wears the metallic parts away from the pump. C/M Disraelly asked the City Attorney if there was any way of discussing this with the prior owners or requesting action by them. Mr. Birken said that would not be so under the contract. However, there may be some discussion about other things and thev could discuss this also. C/W Kelch asked if there would be any credit given for the pump that is under repair. Mr. Salsberry said they had one or two stations that this could be used at, as a stop -gap measure or backup,while they were doing other work. He would therefore re- commend that repair on that pump be continued. C/W Kelch asked if there is something in the budget for this emergency situation. Mr. Gross said they had a contingency for this in the budget, in the Construction Fund and the amount needed is $16,550.00, and the company is Trio Development Corp. C/M Disraelly said this is an emergency situation and possible health hazard and he would MOVE that the City be authorized to make a contract with Trio Development Corp. for the installation of a IIydrostahl pump, rails and fittings, including installation, at a sum not to exceed $16,550.00, with the expectation that it will be completed by next Friday, in order to provide the neces- sary continuation of the Lift Station. Further, permits must be pulled and the City will waive the fees for this one project. Funds will come from Operating Revenue Fund, which will be from the Construction Fund Account, #430-371-535-673, with expected replacement to the fund at a future date. C/W Kelch SECONDED the motion. VOTE; ALL VOTED AYE. ITEM #18. Pension Plan - Temp. Ord. #660 - Discussion and possible action to amend the plan by removing Council ap- pointed employees and contracted employees from this plan. First Reading. Synopsis of Action: Temp. Ord. #660 APPROVED on First Reading. ITEM #19. Pension Plan Temp. Ord. #661 - Discussion and possible action to amen t e plan by --providing for vested rights for employees with over 5 years service who terminate employment with the City. First Reading. Synopsis of Action: Temp Ord. #661 as amended, as Rev. 10/22/79, IAIPPROVED on First Reading. ITEM #20. Pension Plan - Temp. Ord. Jk662 - Discussion and possible action to amend the plan relating to deferral of retirement. First Reading. Synopsis of Action: TPMn. Ors'. ' 662, as amended, APPROVED on First �r ; Reading _ Mayor Falck read Items 18, 19 and 20 and said they would first review Item #18, The City Attorney read Temp. Ord. #660 (Item #18) IF&M 1/25/80 tz Mr. Birken said he had sent a memorandum to Council regarding these three ordinances. He said that before the Second Reading they would require a letter from the actuary and went on to des- cribe what the letter should contain. Mr. Birken said he believes ppassage of these Ordinances would not cost the City any money. He said that usually City Managers and City Attorneys are not employed in a City the length of time to acquire tenure. Thei passage of this ordinance would not affect Mr. Gross or himself, but their successors would not be able to join the Plan Mr. Gross said that being able to join a Pension Plan would not be a hardship for a City Manager or City Attorney as such, because International City Managers Assn. has its own Plan which either could enter into, with the City paying into it. Mayor Falck said he would personally recommend passage of this amendment to the Pension Plan. He feels it would be of ad- vantage to Council to enter into this kind of agreement and in the future when hiring a City Manager or City Attorney that could be worked out at that time. C/M Disraelly MOVED ADOPTION of Temp. Ord. #660, as Revised. C/W Ketch SECONDED the motion. VOTE: ALL VOTED AYE. (:Item #19) The City Attorney read Temp. Ord. #661 by title only. Mr. Birken said this ordinance was originally prepared at the request Q£ Ms. Ciummo, as questions had been raised after Ms.McNeil left the City as to how she could be paid off. Ms. Ciummo had suggested rewriting the Ordinance. The actuary had come back with the language that appears. but Mr. Birken said he did not think it is what the City wants to do. The language pointed out would let the employee take out his contribution right away but the City would still be responsible for the City's payment when the employee's retirement age is reached. Mr. Birken said that according to the actuary, the Pension Board can handle this matter administratively although it is not spelled out in the ordinance. Mr.-Birken said he believed they could rely on the actuary input on that point, which means the change on line 12, and that change is simply the insertion of the word "other". lie said they might want to combine this change with either of the other two ordi- nances or just put the word in this ordinance. Mayor Falck said it would be his recommendation to enact this as a separate ordinance so as not to get this confused. A discussion followed concerning the wording of the ordinance, and C/M Disraelly asked what contribution the employee would get back. Mayor Falck said that at the discretion of the Administrative Board, they would approve refunding small amounts under $1000.00,'rather than having the City keep in touch with people when they leave and having to maintain records, etc. The employees are guaranteed back their 1, and at present, the Pension Board has taken the stand that amounts of City contribu- tion under $1000.00 are too small to be concerned with and would only give retired employees at a later date some small amount like $10. or $25. a month when they reached 65. C/M Disraelly MOVED APPROVAL of Temp. Ord. #661, as ev. 10/22/79, with the addition of the word "other" as indicated, but with no other changes made in Paragraph 2, which is to remain as they were prior to the writing of this Ordinance. Approval of ordinance on First Reading. C/M Disraelly added they are ...including the drawn -.through lines, but exc_lud.in thas_e_._l nes.... which are underlined. Title is to be changed, to add "pertaining to termination of employment" in second line. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. -23- 1/25/80 tz r--- ­7 L_ (Item #20) The City Attorney read Temp. Ord. #662 by title only. Mr. Birken said one of the most significant points in this ordinanee is that they .freeze benefits and contributions for all employees at 65, (other than police and firemen)so that they do not accrue any more rights in the Plan beyond that age and will not be making any more payments. Mr. Birken said it also establishes mandatory retirement which the law seems to allow at age 70, and police and firemen age is recommended at 60 by the actuaries. He added that the ordinance as written, has a provision pertaining to employees who are working at the present time, but who are beyond the mandatory retirement age. He said the actuary had recommended that there be a cutoff for mandatory employ- ment and Council will be asked to state how it would apply to those employees who are presently in the Plan. C/M Disraelly said then if a person is 65 and continues to work for the City until he is 70, he could not draw his retirement. However, if he works outside the City past age 65, then he can collect his pension. Mr. Birken agreed. Mayor Falck said the purpose is that they wish to encourage people to retire at 65, which was the age until the Government changed it to 70. However, he believes 65 is a normal retirement age, and the City can freeze the benefits so that between age 65 and 70, they would accrue no further benefits as far as retirement or anything else. Mayor Falck said that people 65 must apply for Medicare and a Medi- care supplement. He went on to explain Medicare benefits and said that even when people work for the City, once they reach 65, they apply ,for it Mayor Falck said he also does not agree when an actuary says that someone can name a joint annuitant or make a decision affecting retire- ment up to the date of actual retirement. Mayor Falck said he has seen pension plans that get into difficulties when they follow this practice. Mayor Falck added that he is not in favor of changing or eliminating the two year period that was incorporated into this program to begin with. He went on to give an example of someone's wife who was collecting a pension, even though he had died and re- ceived just one pension check. Mayor Falck said there has to be some kind of a cutoff period if they are going to establish a sound program.. C/W Kelch said she did not believe two years was unreasonable. In her own experience, her husband had to elect at age 60. Mayor Falck agreed, stating he would not agree to going along with the basis that one can wait until the day they are ready to retire, to name a joint annuitant. C/M Disraelly asked about the health program concerning those who retire at age 65 and whether they are included. Mayor Falck said that once they reach 65, they apply for Medicare. C/M Disraelly asked that the City Attorney check into their insurance to see if this is done. Mayor Falck discussed p. 4, line 18, which set forth the number of years prior to retirement date at which they take their options. He said he would be satisfied with "..two years." After discussion, C/M Disraelly said he would suggest, "not more than 3 years nor less than 2 years prior to normal retirement date.." C/W Kelch agreed. Tape Mayor Falck said he would also suggest that on p. 5, line 15, #6 the date should be December 31, 1980, so that people who are now over the normal retirement age of 70, will know their exact date of retirement. However, he felt that Personnel should set up some kind of program for these two or three people, to acclimate them to their retirement. Mr. Birken said that date should also be included on p. 5, line 19, Sec. 6'. Mr. Birken said that for the second reading, he will have additional input from the City's labor con.sulta.nts..to review the effect on the Collective Bargaining Act. C/M Disraelly said that at this time if Council is to act on Temp. Ord. #662 (as Rev. 11/12/79), on p. 2, line 6, insert "must retire at age 60"; On p. 4, deletion is being made of lines 17 through 27, and replacing it with.amendMent drafted 1/21/80, as that was amended; -24- 1/25/80 tz L J ---------------------------- S On p. 5, line 19 and 20, shall read, " on the effective date of this ordinance, must retire by December 31, 1980". and MOVE the adoption of Temp.Ord. #662, as amended on First Reading. C/W Kelch.SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck indicated he did not wish this item on the agenda until the second meeting in February. AGENDIZED BY CONSENT ITEM #48. Educated Fish Plaza. Discussion and possible action. o sis of Action: If S.Florida Bldg. Code permits, owner of proposed take-out pizza restaurant may proceed with renovations, with no vested rights; may not be issued occupational license until offstreet parking ordinances amended to provide for take out, and City held harmless for possibly issuing permits incorrectly. City Attorney authorized to make agreement with Joseph Cutietta. Mr. Barry Eden thanked Council for placing this item on the agenda. He then went on to discuss a memorandum he had sent to Council with reference to Offstreet Parking and Loading, stating that he is aware that C/M Disraelly is working on reviewing that Chapter 13. In his memorandum he had mentioned Sec. 18,2(f) and (v) as it related to parking and he pointed out that as it is presently written, a small take out operation would require 27 parking spaces, yet if it was a restaurant it would require only 5 parking space. He felt there is no logic to it. C/W Kelch said in a restaurant they set up tables for people coming in to eat, while those same number of people could be coming into the area and being served takeout food over the counter. So, what they are trying to take care of is the number of people that park a car in that area. C/M Disraelly explained the procedure in order to change an ordinance, adding that they could not do anything today. Mr. Eden said he realizes that, However, he is here on behalf of an individual, who has spent considerable money for a takeout operation that will cover an area of about 50 sq. ft. for customer service. Mr. Eden said this man is not familiar with Tamarac laws and is a foreigner. He had obtained a permit from the City for a counter which he had already put in, and ordered his equipment and had already spent about $10,000. However, the job has been_red ,tagged on the basis of insufficient parking. Ir. Eden said this man and his wife are present today because since he had been redtagged he is at a standstill and they wish. to know what the .feelings of Council are. Mr. Eden said that Council has the ability to direct the Chief Building Official or the City Manager to give some relief in the way of a temporary permit. He added that if the offstreet parking ordinance is amended, there would be adequate parking, but this redtag will prevent this man from going ahead. Mr. Eden said he had questioned this man, and found him to be honest and sincere and he had acted in good faith. C/M Disraelly said he is waiting for input from the City Planner also before he proceeds and wants his input regarding spaces, so they can compare notes. He said he is'sympathetic, but does not believe they can act today. Mr. Eden said he agrees with C/M Disraelly that ordinances should not be done piecemeal. However, he would just request that a temporary permit be granted so that work could proceed in some fashion, rather than have this man go bankrupt. C/M Disraelly said that presently there is no provision for the additional parking. Mr. Eden pointed out his memo had suggested that they delete 2(f) as he feels that Sec. 2(v) covers the situation. He suggested that perhaps a Work Shop was needed for this ordinance change. -25_ 1/25/80 tz I However, in the meantime he would like this situation, as some employees took could be done. C/W Kelch said she is translate this into something legal. to see some sympathy in an approach that nothing sympathetic if they could Mr. Gross said that staff is sympathetic but they cannot make that. kind of decision. Also, some people in Bermuda Club have been questioning what is going on. Mr. Eden said that this is a per- mitted use and a legal one. It is just a question of correcting an irregularity in an ordinance, and that this man would like to proceed wlth.th_e construction so that he can get his plumbing and electricity in and be in a position tocpen when the ordinance is written. C/M Disraelly asked Mr. Eden if what he is saying is that they want to proceed with the work, with no vested rights and no responsibility on the part of the City, and that he would open when the ordinance is rewritten? Mr. Gross said at this point he cannot give a total opinion as he would need a plan of the whole operation. Mr. Eden said everything had been submitted, and the objection was to the parking. They had been redtagged.although they started work with a permit. Mr. Gross said if Council is going to allow this, it must be with the understanding that the rest of the plans must be okayed also by the Chief Building Of- ficial to make sure that everything is included in the Building Code. C/M Disraelly mentioned a sign that should be erected on 57th Street .for better traffic circulation. The City Attorney said this is not a regular situation. If there is a use for which there would be enough parking for which those plans would be compatible, , they probably would be entitled to a building permit, but not for an occupational license for a take- out place unless all regulations are complied with. C/M Disraelly discussed Sections 2(f) and (v). Mr. Birken said they are in agree- ment that the section needs to be revised, but they should limit themselves as to what Mr. Eden can do to make the best of a bad situation. Mr. Eden said that it is a question if the City feels that under these facts and circumstances, that the continued altera- tion of this space be permitted, pending a correction to the ordi- nance, at which time he can get his occupational license. He added that the Chief Building Official will not do anything until he gets direction from Council. He is asking Council to give Mr. Eigner that permission to issue this temporary permit until the ordinance is corrected. Mayor Falck asked the City Attorney if he could con- tact the Chief Building Official and discuss it with him and tell him how Council ,feels about it. Mr. Birken said it would have to be permitted under the S. Florida Building Code. C/M Disraelly asked Mr. Eden if he is asking for permission to build this, but not open it? In that event, he should make an agreement with the City At- torney that the City would have no responsibility and no vested rights. Mr. Birken said assuming that such is permitted under the Building Code, he can do that. C/M Disraelly MOVED that the City Attorney be authorized to make an agreement with. Joseph. Cutietta, whereby he will be permitted to make the necessary alterations to his store in the Educated Fish Shopping Plaza, with no vested rights and no Certificate of Occupancy, until the parking necessity in that shopping plaza has been established; and that the City be excused from any responsibility in possibly issuing an improper permit. Mr. Eden said that he would not go along with the second half of the motion. Mr. Birken said this man is asking the City to do something for him, and the City is asking for something in return for due consideration. Mr. Eden said he is not the attorney in this matter, and that it would be up to Mr. Cutietta - if he wished to go along with it. Mayor Falck asked Mr. Cutietta if that would be acceptable to him. Mr. Eden explained this to Mr. Cutietta further; that the City is going to amend the present ordinance; and that permission will be given to proceed although no guarantee will be given that Mr. Cutietta can open. At the time the ordinance is written, the City will review this matter again. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. -26- 1�5/80 tz ITEM #35,, Canal Reservation Release - Temp. Reso. #1501 - iscussion and posse e action to release reservation #12325, on Lot 14, Block 143, Mainlands Section 8. Synopsis of Action, Temp. Reso. #1501 APPROVED. RESO . # KD-/ 7PASSED Mayor Falck said #1496 which had been typed on the agenda was incorrect and this was Temp. Reso. #1501. Mayor Falck read Temp. Reso. #1501 by title only. C/M Disraelly MOVED to release this canal reservation, Temp. Reso. #1501 APPROVAL, on the recommendation of the Engineering Department. or C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #36. Playground_ Equipment - Bond Release - Temp. Reso_.. #1469, Discussion and possible action to release tie performance bond for installation of this equip- ment. Synopsis of Action: Temp. Reso. #1469 APPROVED to release bond. RESO, #oy /f PASSED C/M Disraelly read Temp. Reso. #1469 by title only. C/W Kelch said on the assumption that they have assurances that the materials have been received and installed and working properly, she would MOVE that Temp. Reso. #1469 BE APPROVED, releasing bonds for the playground equipment. C/M Disraelly SECONDED the motion. VOTE, ALL VOTED AYE. ape #7 ITEM #37. Public Works Truck --Bid Award - Temp. Peso. #-1486. Discussion and possi le action to award a bid for one dump truck. Synopsis of Action: Temp. Reso. #1486 APPROVED. RESO. #,YO o?pPASSED C/m Disraelly read Temp. Reso. #1486 by title only. C/W Kelch said she understood V/M Massaro had raised some ques- tions regarding this item. It was indicated that V/M Massaro was satisfied. Ralph Thissen, Director of Public Works, agreed, saying he believed that all_questions the Vice Mayor had asked had been sat�'_sCactorily and adequately answered. C/M Disraelly said it had been recommended that the City purchase the GMC truck as there would be a savings, but that they would have to wait 90 days. Mr. Gross said parts for this truck are also more easily obtainable. C/M Disraelly MOVED the awarding of the bid for one two-ton,six yard dump truck to .Tack Nicklaus Pontiac, at a price of $12,761.00 and APPROVAL of Reso. #1486. C/W Kelch SECONDED the motion. VOTE; ALL` --VOTED AYE. -27- 1/25/80 tz ITEM #39. Hardee's Restaurant - Discussion and possible action on request for refund of development review fees, due to the withdrawal of the development application. Synopsis of Action; Refund of fees in amount of $1185.00 only. Mr. Gross said the application for this has been withdrawn and as per the City ordinance, they are asking for return of fees. C/M Disraelly, said they have a letter from the law firm represent- ing Hardee's and they have withdrawn their application and are now making application .for refund of fees paid to the City. They had sent along a check for $10.00 pursuant to the ordinance of the City. C/M Disraelly added thatl however, it had been called to their attention that certain memb6rs of staff such as the City Planner, Chief Building Official, Fire'Chief, etc., had put i.n.,a certain amount of time. This, plus xeroxing, etc., had come to an amount of $135.00. The refund request is for $1320.00, but that it would seem that this $135.00 should be deducted therefrom, and that payment of refund should be $1185.00. C/M Disraelly MOVED that refund to Hardee's Restaurant through their attorneys in the amount of $1185.00 be refunded, with an itemized statement indicating the difference that has been deducted. C/W Kelch SECONDED the motion. VOTE; ALL VOTED AYE, ITEM #40. Tamarac Utilities West - Discussion and possible action on determination on -renewal of loan for operating expenses with Sunniland Bank, Synopsis of Action: City Manager to negotiate for new loan or 90 days at 7%. Mr. Gross said that because the bond issue has not yet been sold and because of the costs that will be arising due to things such as the lift station and engineering needed for the lifting of the moratorium, it would be his belief that this $300,000. loan be extended for another 90 days. C/M Disraelly MOVED that Council request that Sunniland Bank renew the $300,000.00 loan, expiring February 4th, for an additional 90 days, at a simple interest rate of 7%. C/W Kelch SECONDED the motion. VOTE; ALL VO_uD AYL, ITEM #41. Tamarac Park Commissioner - Discussion and possible action to authorize the City Attorney to prepare an ordinance creating th,e nosition of Parks Commissioner and settinv, forth the duties and responsibilities. =o sis of Action; City Attorney to prepare ordinance creating the position and establishing powers and duties. Chairman of Recreation Committee submitted resignation. Mayor Falck said he would like to make some observations regarding this item. It had been called to his attention that certain plants in the park were hazardous and they had since been removed. Further, he had received a number of communications and calls from people who had also contacted the City Manager, Public Works Director, etc. re- garding the future of the trails as they would like to make an at- tractive trail and identify certain plantsand clean up the trail, etc. Mayor Falck said he also received comments regarding needed painting and upkeep of certain areas, such as the handball and the bocci court, etc. They also have a number of items about ready to be installed and activated in. The Commons. Mayor Falck added he also hoped that they could get someone to the park east of 441, to cut down the weeds. -28- 1/25/80 r7 Mayor Falck said they cannot expect the Recreation Director to be responsible for these items, as she had been hired speci- fically for programming and had initiated some excellent pro- grams which had received recognition and appreciation from those attending. Mayor Falck said it seemed to him that they have a need for someone to be looking over the parks areas, trails, etc., and making recommendations. This he said, leaves only the Recrea- tion Committee but the Committee has not been functioning the way it was intended when it was set up. Mayor Falck said it seemed to him that the Recreation Committee needs to be more clearly de- fined as to duties and responsibilities. He added that they have some excellent people on the Recreation Committee who should be retained, and others who are not as good, should be relieved of their responsibility. Mayor Falck said they had just this week received the resignation of the Chairman of the Recreation Committee. Mayor Falck said if they had someone looking after the parks, and the parks areas, working with the Recreation Director, they can de- fine the use of the Recreation Committee. The first thing would be to improve in total, not only the facilities that the City has, but the people who are doing the work. His idea of a Park Commissioner is not a paid employee but rather a volunteer. The City has had an individual indicate interest and the Mayor said he has reviewed his qualifications and that information is avail- able to Council. Mr. Gross said he does not agree totally with this. It is his feeling that they need a Park Commissioner to take care of park areas, but taking care of the handball court, etc., are areas which the Recreation Director should be able to handle as she should not only be the programmer. The City Manager said that all agree that the program in the City is excllent, but he be- lieves some of the items that the Mayor has mentioned are ad- ministrative items that should be taken care of by the Director. C/W Kelch said that they need someone to oversee the physical as- pects of the park and making recommendations not only for present parks, but for The Commons which will be having future expansion perhaps, even to the extent of applyying for grants as they come in for that category. C/W Ke1ch said they have a person who she feels is eminently qualified to step into such a position. C/W Kelch said that Mr. Kravitz could be working with Ms. Ellis in support of her activities and in certain instances, would give his expertise.. She added that she is in favor of the establishment of this post and the appointment of Mr. Kravitz to such. Mr. Gross said he does not oppose such a post, It is just his feel- ing that some of the items that the Mayor had mentioned the Recrea- tion Director should not get involved in, are areas she should be involved in. C/M Disraelly said he does not agree with Mr. Gross, as one has to separate the physical aspects of the City's parks from the recrea- tion program aspects. C/M Disraelly says he agrees that Ms. Ellis has instituted some fine programs, but if she is to institute them and get them working, that she does not have time to oversee bocci courts, or handball courts, etc. It is her _job to generate the pro- grams and give people the activifiesthey want. C/M Disraelly said he agrees 100% with the Mayor in breaking,this down. He went on to discuss the trails, indicating he had been interested in them and he pointed out how they could be cleaned up. C/M Disraelly said he would like Council to direct Mr. Gross to have these trails bulldozed where need be, so that they can go forward. He men- tioned the interest the school children had shown in this project of the trails and felt it advisable to continue that interest. Mr. Gross said he had given an approximate date of March for this work. C/M Disraelly said he feels the two functions should be separated as Ms., Ellis does not have time to check physical aspects and when they have a park in The Commons, that should not be her pro- vince. 2g- 1/25/80 tz I r � � C/M Disraelly MOVED that Council accept the resignation of Sonny Gentile, as Chairman of the Tamarac Recreation Board, pursuant to his letter of 1/17/80, and thanking him by letter for all the work he has done on behalf of that Committee, and that he will remain as a member of the Recreation Committee. C/W Kelch SECONDED the motion. VOTE; ALL VOTED AYE. C/M Disraelly MOVED that the City Attorney prepare an Ordinance creating the position of Parks Commissioner, setting forth the duties and responsibilities of the Commissioner, who is to be advisory to the Council. Mayor Falck called for a five-minute recess. The motion was repeated at request of the Mayor, upon his return. C/W Kelch SECONDED the motion. Irving Epstein was recognized and said he would like to indicate that at the present time, there is someone well qualified to be a Parks Commissioner, as he had held such a position up North in a City of 60,000 people. He said his name is Phil Kravitz and he would ask Council to consider him. VOTE.; ALL VOTED AYE. The City Manager said he would start taking resumes for such. ITEM #38. Fire Department Puin er Truck - Bid Award - Temp. Res�o.8 - Discussion and possible action to award a bid for one 5-man, cab --over pumper truck. Synopsis of Action; Temp. Reso, #1498 Rejected. To go out for rebid. Mr. Gross said that since the agenda had gone out, he received further information regarding this item. The Fire Chief has asked that one engine be approved as the engine to be purchased by the City of Tamarac. Mr. Gross added that the reason the Fire Chief has picked this vehicle is the fact that it can be delivered immediately. He added that after the Chief discusses this with Council, he would ask that this item be tabled until a further meeting when they could get the ,financing straightened out. Chief Simon discussed at length the bid package that had been received, describing three different pumpers with capacities of 1000, 1250 and 1500. He went on to say that the City Clerk's office has the full bid package. Chief Simon said he had felt that the "Seagrave" was best as it was ten days delivery, and although it varies a bit from the bid specifications they are minor variations such as the color of the truck, capacity of the booster tank, etc_ He felt the difference over the lowest bid which was submitted by South Florida Mack would compensate in the early delivery date and the additional equip- ment to makeup where he varied from the specifications. Mr. Gross said a representati`e of Mack said they had bid on the exact item that was requested and he would like to ask Chief Simon if there are vehicles of this type, give or take a little variation that are available and might be to the City's advantage to purchase? Would it be to the City's benefit to reject the bids at this time and go out for bids again and ask for available equipment only, with a loss of 30 days. Chief Simon said he knows of two available trucks that Mack has that are not the same capacity as this pumper in ques- tion. He said he did not know of any other companies that had 'speculating' models, and usually talk of delivery date from the time they get a chassis, from 45 days plus. -.30- 1/25/80 tz � � r C/W Kelch questioned if this Seagrave truck is something that was cancelled. Chief Simon said he did not know, but that they would be pickingg up the same warranties that they would on a new truck. and that he had just gone over the specifications, but had not examined the truck, Mr. Gross said that as he understands it, there are a substantial number of vehicles around and if they are going to bid on something that is available now, it may be worth while to go out again and bid. The Seagrave truck will have about 1000 miles on it and it would have about 1500 to 1800 miles on it by the time it arrives here as it is coming from a northern area. C/M Disraelly asked if the new station is going to be open in 90 days, and would they have equipment for it. Mr. Gross said it would open in about 90 days and they have equipment to put in, but nothing that either he or the Chief would recommend. Chief Simon then went on to explain how much water tanks can hold according to size, adding that they use tank water until they get hydrant water supply. C/W Kelch said she does not believe that this complies with the letter of the law. They are considering someone with a varia- tion in specifications because of the short delivery time. She be- lieved they should offer this opportunity to all bidders. Mr. Gross said the vehicle they can get is for a 1500 gallon capacity vehicle which is the type the Fire Chief says that he needs. Tape C/M Disraelly asked if they could afford to wait; did they wait #8 too long before they went to bid? Mr. Gross said that first of all, they have a problem with the financing. He had spoken with the people who have the Seagrave and they are willing to wait until. next Thursday which should give them time to complete the financing question, and at that time, he could ask for a Special Meeting to consider this one item, if that is the way Council wishes to go. Tf not, if Council wants to reject the bids, then bids would go out again on the basis of what is available, using the minimum size capacity that the Fire Chief wants. C/M Disraelly said in that event, they might wind up with a truck with a 1,000 gallon capacity and nothing else available. He asked Mayor Falck if this should be tabled to a Special Meeting until financing is in. Mayor Falck said as soon as the City Manager has information relating to financing, he is to let him know and he would call a Special Meeting. C/M Disraelly MOVED that this figures on financing from the Meeting will be called by the C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. item be TABLED until they have the City Manager, at which time a Special Mayor to handle the item. Chief Simon said there was a representative of S. Florida Mack Truck and he wished to speak. Mr. Dick Abrams was recognized and said if there is a question on delivery time, they have stock trucks available at less than what his bid came in, and they are available for immediate delivery and right here in the State of Florida. They are the only manufacturer in Florida and the truck being con- sidered comes from Atlanta. Mr. Abrams added that they have one location to service their trucks and it is open from 7:30 A.M. to 12 at night., He said their bid had complied with the specifica- tions but they would wish equal time to bid on a truck that might just be out of style, Mayor Falck asked if there were any questions. C/W Kelch asked about the time frame involved. The City attorney said they could probably get bids in, in a four to five week period. Mayor Falck asked how many people bid the last time. Mr. Gross said it was three companies altogether, but one company had bid a lot of different items. -31- 1/25/80 tz C/M Disraelly asked if the bid originally asked for a 15UO gallon Pumper? Chief Simon said they had ordered a 1500 gallon per minute pumper but towards the end they designated that they would also accept bids on their specifications for 1250 pumper and 1000 gallon pumper. Mr. Gross asked Mr. Abrams what guarantee the City would have that this type of equipment would be available 30 to 60 days from now? Mr. Abrams said he would hold the truck for 30 days. Mr. Gross said that when the bids went out, they were for a custom made vehicle and he believes at this point the City should take the chance and reject these bids and go out for new bids on stock items which must be delivered in 60 days. Mr. Gross added that they have no problem with financing, their problem is collateral. Mr.Gross asked if he could ask Council to reconsider the tabling of this item and ask for another motion. C/M Disraelly MOVED to WITHDRAW the last motion that was acted on and to reconsider this truck. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mr. Gross said that due to consideration that the budget on this item was recommended by the City Fire Chief at $60,000.00 originally, and that all these bids came in substantially higher than the original budget, he would ask that the Council reject this bid and allow the Fire Chief to go out for new bids on available equipment within a range of 60 to 90 days for de- livery. C/M Disraelly MOVED to reject all bids that have been received at bid opening of January 2, 1980, because the appropriation indicated in the budget was $60,000.00 and all bids came in in excess of that_amt.. i. and that the City Manager be authorzed to -go out for bids for p eT­mnu-te1. 1250 gallon per minute and 1500 gallon per minute capacity, .all to be available for delivery within 60 days. C/W Kelch SECONDED the motion. C/M Disraelly asked if the new motion must indicate a price insofar as the $60,000. Mr. Birken said when they go out for bid, they do not know what the bids are going to be and even though they think -the figures are high today, if that is what they get the second time, they are entitled to do what they have to. VOTE: ALL VOTED AYE. Mavor Falck said he would like to suggest that next time all aspects be worked out before such items are presented to Councii. /M Disraelly said Council had requested an overview of bid packages before they go out. AGENDIZED BY CONSENT ITEM Sabal Palm Model Sales -Discussion and possible action on request for extension -of time. Syno sis of Action: Six months extension granted, with original conditions still in effect. Mr. Birken said an extension has been requested, but that Council had put some conditions on the first time and they would have to remain. C/M Disraelly said they have a letter from VanBots of Sabal Palms indicating that the iiiftialtemporary permit approval for model sales and administrative use will expire this week. They are asking for a six months extension and paying the normal fee of $250.00. C/M Disraelly said they are still building and he had gone by it the other day and it seems to be good. -32 1/25/80 tz I C/M Disraelly MOVED that permit be extended for six months as permitted by the City ordinance, and that any motions per- taining to the development there still be on the approval for the extension. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. C/M Disraelly said he would like to see a tickler file instituted regarding site plans, special exceptions, model sales, etc., so that something is done to inform developers- prior -to tTi.e expiration date so that Council does not receive a request at the last minute. He would suggest that the City Manager keep such a file. Mr. Birken said part of the problem is that different departments keep records on different things, and that there are other items such as Letters of Credit, etc. He believed that the Finance Dept. now has a system to keep track of Letters of Credit, bonds, etc. C/M Disraelly said he did not agree,as for example,the Chief Building Official might miss something and that the City Manager has to create a tickler system. He said Van Bots had come in on the 21st because their permit expires on the 25th. Mr. Gross said it was not the City's responsibility but rather that of the property owner that has the models or sales offices to be aware of their due date. C/M Disraelly said it probably is the responsibility of the property owner; however, a tickler ,file might eliminate the kind of situation such as they had on Riverside last week with a last minute request. C/M Disraelly said they do not wish to have people going back to the Planning Commission to have the site plan reviewed again and he believes they should be reminded. He said he is just trying to prevent things from happening in the City whereby they have to come back in and start all over again. Mr. Gross said they would do it that way, although he is saying that it is their responsibility. AGENDIZED BY CONSENT ITEM #47. BURGLAR ALARM ORDINANCE. Temp. Ord. 724. Discussion and possible action to amend this ordinance. Synopsis of Action: Temp. Ord. #724 ADOPTED on First Reading. Mayor Falck said this item was placed on the agenda at the re- quest of the City Attorney. Mr. Birken read Temp. Ord. 724 by title only. He said he would recommend that this ordinance be adopted as it has to be done to assist in enforcing the ordinance and assistin prosecutions. C/W Kelch asked if this ordinance in front of them now is exactly the same one that they have been operating under, with the exception of the paragraph that is underlined? Mr. Birken replied affirmatively. He said it was inserted so that the City could get criminal convictions which the City needs to have. C/M Disraelly MOVED adoption of Temp. Ord. #724, pertaining to alarm systems fines, on First Reading. C/W Kelch SECONDED the motion. VOTE; ALL VOTED AYE. MAIN 1/25/80 tz i ITEM #42. City Council Reports. C/W Kelch said she had no report. C/M Disraelly said that the bills going out from Tamarac Utilities should have the "zip" numbers included on them. Upon question, it was determined that the zip number for box numbers is 33320. C/M Disraelly said they had received a letter from Harold Dyer referring to the supposed bill on non-payment of taxes for municipal proj,e.c.ts .and he believes Council should pass a Resolution endorsing that and send it along to him. Mayor Falck said the City Attorney had suggested the sending of individual letters. He said he had also asked that the com- panion bill in the Senate be checked out and when that informa- tion is received, he would suggest writing to them. C/M Disraelly said that as a conservation measure, he would like to have a resolution passed that one pump in each station be required to handle gasohol. Mayor Falck said he did not agree as he believes they charge more for that, and at present not all companies carry it. Mayor Falck saidhe had been receiving complaints from the south section that condominiums are going in and have started off 31st Avenue without regard to property line, etc. He asked that C/W Kelch check into this with the City Planner to see what it is zoned for. He said that it is his belief that at the County level, it was stated that had to remain permanently green space, all the way down to the lake or canal. This was at a time when a Mr. Broad was thinking about that area. Mr. Gross said that area is now Oakland Park. C/W Kelch said this ties in with what they were trying to propose at the time of the Planning Council and recommendation was made that people outside of a municipality in "X" number of feet of a development should be notified if there were rezonings. Mayor Falck asked that this be looked into. Mr. Gross said he would call Oakland Park on Monday morning. ITEM #43. City Manager Report None ITEM #44. CITY ATTORNEY REPORT Mr. Birken said that Council may wish to agendize the matter of pension for the Police Chief to enable him to retire with full crested rights after 10 years, until June or July of this year. C/W Kelch MOVED that the item of Pension Plan for the Retiring Police Chief, be AGENDIZED BY CONSENT. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. AGENDIZED BY CONSENT: ITEM #50. Contribution by City to Pension Plan, for retiring Chief of Police. Discussion and possible action. Synopsis of Action: City Manager authorized to pay required pension monies (not to exceed $900.00) from retirement date of Police Chief (2/15) to date of his tenth year of service (June 30th). -34- 1/25/80 tz Mr. Birken said the Police Chief had requested that the City contribute into the pension plan an amount equal to its normal contribution through the month of June, 1980 to cover from February 15th thru June 22nd. C/M Disraelly asked if Chief Stocker would be making his own 1% contribution. The City Manager said there was no need of that and that the City would make the contribution of 6 1/2% which comes to approximately $900.00. Chief Stocker is retiring as of February 15th, and would not be receiving a salary after that date. Mayor Falck said this would not have any adverse affect on the Flan because the Plan is built on the contributions and not on any compensation that is made. He said the contributions would be equal to the contributions as though the Chief was getting a salary. C/M Disraelly said the $900.00 is 6 1/2% of 4 months salary that the City is advancing in lieu of Chief Stocker's retiring in February instead of June. C/M Disraelly MOVED t1.at the City Manager be authorized to pay required pension monies of the Police Chief into the fund, from his retirement date of February 15th, to the tenth year, but no later than June 30th. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. There being no further business, the meeting ADJOURNED at 5:05 P.M. aa YOR ATTEST: d�t�� ity er This public document was promulgated at a cost of $ , or, $ "_per copy, to inform the general public and public oVic-ers and employees about recent opinions and considerations by the City Council of the City of Tamarac. -35- / l / �e,�g �7 i98o 1/25/80 tz