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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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V/M MASSARO: Mr. Mayor, I would, oh, did you have something to say?
C/M GROSS: Could you give us your name?
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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.
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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
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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
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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.
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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.
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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
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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?
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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.
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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
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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
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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,_
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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.
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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)
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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.
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(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;
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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1/25/80 tz
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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).
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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.
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