HomeMy WebLinkAbout1980-03-12 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
MARCH 13, 1980
(From March 12, 1980)
CALL TO ORDER: Mayor Falck called the meeting to order at 10:30 A.M.
on Thursday, March 13, 1980 in the Council Chambers.
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PRESENT: Mayor W. Falck
V/M H.
Massaro
C/W M.
Kelch
C/M I.
Disraelly
C/M H.
Wiener
ALSO PRESENT: Arthur M. Birken, City Attorney
Edward A. Gross, City Manager
Assistant City Clerk, Carol Evans
ELECTION RESULTS - CHARTER BOARD -GROUPS 1 and 2 - TEMP.
RESOL. #155 .
Synopsis of Action: Temp. Reso. #1556 Adopted. RESO. R VO `Yl PASSED.
Arthur M. Birken read this resolution in full.
Irving Epstein - Group 1 - Elected for a term of 2 years.
Stephen Monahan - Group 2 - Elected for a term of 2 years.
Councilman Disraelly stated that he MOVED to approve
Resolution 1556 declaring the results of the positions
for the Charter Board. Councilman Wiener SECONDED this.
Melanie Reynolds entered her protest at the manner in which
the Charter Board has been made to run since 1977. She
believes that it is illegal.
VOTE: ALL VOTED AYE.
ITEM #5. ELECTION RESULTS - CHARTER AMENDMENTS- QUESTIONS 1, 2 and
3. TEMP RESO. #1557.
Synapsis of Action: Temp. Reso. #1557 Adopted. RESO. R-�O-gat PASSED.
Mr. Birken read this resolution in full.
Question 1 - Amendment to Section 4.04 of the City Charter
Passed.
Question 2 - Amendment to Section 6.03 of the City Charter
Passed.
Question 3 - Amendment to Section 7.03 of the City Charter
Passed.
These amendments now become a part of the existing city
charter of the City of Tamarac which was adopted at the
general election held on March 9, 1976 and subsequently
amended.
Vice Mayor Massaro MOVED to approve Temporary Resolution
#1557 as read. Councilman Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #6. ELECTION RESULTS OF THE CITY COUNCIL - MAYOR DISTRICT 2
AND DISTRICT 4. TEMP. RESO. #15'5 .
SvnoDsis of Action: Temp. Reso. #1558 Adopted.
RESO. R r J'O-,Fb PASSED.
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Mr. Birken read this resolution in full.
Walter W. Falck - Elected as Mayor of the City of
Tamarac for a term of 2 years.
Helen Massaro - Elected as Council representative of
District 2 for a term of 2 years.
Irving M. Zemel - Elected as Council representative of
District 4 for a term of 2 years.
Councilman Disraelly MOVED that Temporary Resolution 1558
declaring the election results of Walter Falck as Mayor,
Helen Massaro as District Representative of District 2,
and Irving M. Zemel District Representative of District 4
be adopted. Councilwoman Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck then discharged with thanks the outgoing member
of council, Mr. Harry Wiener, who had served as Councilman
from District 4 for the past two years. Mayor Falck pre-
sented Mr. Wiener with a plaque. Mayor Falck then read the
inscription on the plaque.
Councilman Wiener addressed the Council and stated that it
was a sad event for him to have to leave the position of
Councilman for the City of Tamarac. He stated that he had
enjoyed this meaningful experience. He congratulated his
successor, Irving Zemel and wished him well. He also con-
gratulated Mayor Falck and Vice Mayor Massaro on their well
deserved return to office. Mr. Wiener thanked all of the
employees of the city for their wonderful cooperation and
an especial thanks to the office staff who did their utmost
for him during his term of office. He expressed appreciation to
the Recreation Board, under the direction of Sharon Ellis, having
performed remarkable results with the city park, providing
a great deal of enjoyment for the children and adults alike.
He also gave his thanks to the Social Service Board whose
dedicated members bring humanitarian assistance to those
residents requiring their help. His heartiest thanks to all
of his friends and neighbors and all of the residents of the
city for their personal support. Mayor Falck thanked Mr.
Wiener for his support.
The City Manager then swore in the newly elected Council
members.
Mayor Falck mentioned that when Councilman Wiener spoke of
his appreciation of the help and support given to him by the
employees of the city, the Mayor felt that Mr. Wiener was
speaking for himself as well as the other members of Council.
Mayor. Falck stated that he is deeply appreciative of the help
and good wishes that have been extended to him by the city
employees. Mayor Falck thanked all of the employees. Mayor
Falck stated that it has been a great privilege and a great
pleasure for him to have had the opportunity to work with the
Council. Mayor Falck stated that he looks forward to the
continuation of this kind of a relationship during the next
two years. He thanked the Council, the City manager and the
City Attorney.
Vice Mayor Massaro stated that she feels sentimental when
she thinks about Tamarac and all the efforts that have been
put into the City, just like growing with your children.
Vice Mayor Massaro stated that she feels the same way about
everyone here in City Hall, that all of the employees through-
out the years have been remarkable. Vice Mayor Massaro ex-
plained that for her to do the work to the very best of her
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ability means that she must be deeply involved in this
work. She thanked all of the people for bearing with her
and being so gracious to her. Vice Mayor Massaro stated
that she appreciates all of the help she received from all
of the employees and that without their help, the job would
be more difficult. Vice Mayor Massaro stated that it is
a pleasure working with all of the people in City Hall.
Councilman Zemel stated that, as he looks about the Council
chamber he feels that almost everyone in the room is a friend
of his and that is a wonderful thought. Councilman Zemel
stated that he will serve to the best of his ability and
perhaps a little more. He thanked everyone for whatever help
they will extend to him and for their confidence in him for
now and the future.
Councilwoman Kelch made a comment - GREAT!
Councilman Irving Disraelly stated that it has always been
very pleasant and friendly to have Councilman Wiener sitting
next to him for the last two years, and that he will miss
him. Councilman Disraelly said that he is very happy to have
his good friend Irving Zemel sitting alongside him now.
Councilman Disraelly stated that he is happy to continue to
serve with these Councilmembers.
APPOINTMENT OF VICE MAYOR BY MOTION OF THE CITY COUNCIL FOR
A ONE 1 YEAR TERM.
Synopsis of Action: Helen Massaro appointed as Vice
Mayor for one year.
Councilman Disraelly NOMINATED Helen Massaro as Vice Mayor.
Councilwoman Ketch SECONDED this motion that Helen Massaro
be elected to serve as Vice Mayor for the ensuing year.
VOTE: ALL VOTED AYE.
Vice Mayor Massaro thanked the Mayor and the Councilmembers
for their confidence and she assured everyone that she will
work diligently and to the very best of her ability. She is
flattered and honored and wishes to thank everyone.
ITEM #24. ISLES OF TAMARAC. REVISED SITE PLAN. DISCUSSION AND POSSIBLE
ACTION TO APPROVE PERIMETER WALL AT THE MODEL/SALES COMPLEX.
Synopsis of Action: Perimeter wall at model/sales complex -
Developer's attorney to prepare document to satisfy
City Attorney regarding maintenance of wall and
Swale area; landscape plan to be submitted. Item
tabled until both requirements have been met.
Gary Glusman of G&G Investment Co. congratulated the members
of the Council. He explained that the wall in front of the
Council is identical to the wall on McNab Road that they
constructed, which was approved by the Council in October.
The staff had requested a corrected print and he did take
care of this. The suggested wall will be in front of the
project, right on Nob Hill Road. Mr. Glusman stated that
there is a 6 foot utility easement on the rear of the lots
that is shown and is recorded on the plat. The staff had
requested that ` it be six inches out of the easement on
the rear of the lot. The wall should be six inches from
inside the easement line. Vice Mayor Massaro asked Mr.
Glusman if he could get a landscaping plan back to the city
by Tuesday. Vice Mayor Massaro pointed out that they must
be specific on the landscaping. Mr. Glusman stated that
he could do that.
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Councilwoman Kelch stated that she had another question
of Mr. Glusman. She wanted to know whether he had addressed
the question made by the staff that he inform the homeowners
that they are required to maintain the area outside of the wall.
Councilwoman Kelch indicated that this is not something that
is being imposed on the homeowners, but that it is their,
responsibility. Councilwoman Kelch stated that she would
like Mr. Glusman to submit to the Council the letter that he
had sent to the people and an accompanying cover letter that
indicates that he intends to provide this to each of the homes
involved in this action. Vice Mayor Massaro pointed out that
there would be a problem there due to the fact that he may
give something to the homeowner and if the house would be
sold, such a letter would be meaningless. It would have to
be a recorded instrument. Councilwoman Kelch believes it is
not necessary to record anything because this would be the
responsibility of the homeowner. Vice Mayor Massaro pointed
out that some people buy homes for speculation and sell the
house immediately and the new person knows nothing of the
letter. Vice Mayor Massaro feels that she would like to
know more about the wall. She would like to know exactly
where the six foot easement is. Mr. Glusman explained this
site plan. Mr. Glusman explained that the wall is six feet
six inches out of the utility easement. There was further
discussion relative to this item. Vice Mayor Massaro pointed
out that the wall would be completely within the homeowner's
property. Councilman Disraelly pointed out that the easement
would still be within the homeowner's property which would
make six and a half feet to keep clean. Mr. Glusman stated
that the walls are five feet high by 25 feet long, and the
open section is 25 feet. Vice Mayor Massaro pointed out
that the people that own private property can do anything they
want with it, except what the city law requires. Vice Mayor
Massaro indicated that she is disturbed to see the way some
people maintain the walls in a very unsightly manner. Council-
man Disraelly believes that it may be the responsibility of
the association to maintain the wall. Mr. Glusman stated
that they have a Homeowner's Association, but does not call
for maintenance of the wall, only the recreation complex and
the landscaping mound in front. Mr. Birken pointed out that
there are a number of questions that would have to be ad-
dressed. Vice Mayor Massaro stated that she would like to
see the walls tied in with everything.
END OF SIDE #1.
Mr. Glusman explained that their intention was to create a
buffer from the road.
Councilman Disraelly stated that based on a landscape plan
which will have to be returned to the Councilmembers, and
the discussion regarding the maintenance of the wall area
and of the swale area, he MOVES that the attorney for the
Isles of Tamarac prepare a document that would satisfy
the City Attorney insofar as the maintenance of the wall
and the swale area, not only for this wall but for the one
that was previously granted and that the landscape plan be
brought in to Council so that both can be handled at one
time and this be tabled until it is prepared. Councilwoman
Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #33. CITY COUNCTL REPORTS.
The Mayor then called for reports and the first report
is to be given by Councilwoman Kelch.
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Councilwoman Kelch reported that the Public Works
Department is proceeding with the fair that is
planned for May 3 and 4. There are wonderful plans
being made. Many organizations and committees are
taking booths. Hopefully this fair will be a great
success.
Councilman Zemel, because he was just sworn in as a
Councilmember, had no report to make.
Councilman Disraelly stated that when they had the storm
in October, he noticed that on University Drive water
was high in the road. He was concerned about the fact
that there was no guard rail just north of the Steak
Place. A letter had been written to the Florida
Department of Transportation and:a guard rail, was just
installed the other day which will prevent potential
accidents. There was a discussion at a prior meeting
relating to conservation of energy and the turning off
of some lights on Commercial Boulevard. Councilman
Disraelly was in touch with the county DOT and they
indicated that there was a county liability if any
lights are turned off due to the design standards.
However if they did desire to have some lights on
Commercial Boulevard turned off, they would have to go to
County Commission with a request because that is now
their area of jurisdiction. Councilman Disraelly stated
that he is calling it to their attention because there
had been discussion on this. FP&L stated that they have
no problem with them, other than the lights are county
owned and maintained but the City of Tamarac pays for
the energy. The City of Tamarac pays for half of the
lights and the other half is paid by the City of Lauderhill.
Therefore Tamarac would have to work out an arrangement
with the City of Lauderhill if they would like to have
some lights shut off. This is the status of this matter
presently.
Vice Mayor Massaro stated that Section 9 has always been
very well lit up. Vice Mayor Massaro suggested that they
look into the street lights of Section 9 while they are
considering the street lights of Commercial Boulevard.
Vice Mayor Massaro stated that she had spoken to Mrs.
Stuurmans about this because she has been concerned
about lights. The City Manager's office has turned this
matter over to Engineering. Vice Mayor Massaro stated
that the City Manager's office has always handled the
checking of the plans and whenever the plans came in,
about one-third of the lights were eliminated because
of the generous amount of lights that were put in. The
plans were carefully examined and unnecessary lights
were eliminated before going through the preparation for
installation. Vice Mayor Massaro stated that it is her
understanding that they are now accepting these plans
because it is turned over to engineering. Engineering
is over their head in work and they do not have the time
for this. Vice Mayor Massaro mentioned that at one time
she would take care of various sections. She would go
out at night and analyze the situations and come back with
approved plans and cut out unnecessary lights. Vice
Mayor Massaro pointed out that now the city must be
especially careful, and that this matter of lighting
should be discussed with Mr. Gross and it should go back
where it belongs.
Vice Mayor Massaro felt disturbed when she saw that the
city engineer was checking lights, particularly in the
area of the Isles of Tamarac where complete development
would not occur for some time. In this area there are
a couple of houses that are being used to store materials
in and which are subject to vandalism. The developer
would like this area lit up. Vice Mayor Massaro pointed
out that the developer has to pay from a point in time
when there are enough houses there, which would be when
over 70% of the homes are built. Otherwise the year would
be used up when no one is there.
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Vice Mayor Massaro said that those lights should not
go in, or the approval for the lights, for the Isles
of Tamarac unless the developer agrees to pay for two
years of electric lights. She feels that that would
be just about right. At about that time the area would
be built up. Vice Mayor Massaro pointed out that there
are things concerning street lighting that have to be
looked into, and she would appreciate it if Councilman
Disraelly does follow it up.
Mayor Falck stated that he intends to send to the
Councilmembers a copy of a proposal from the FP&L
which indicates that an application has been made for
an additional $7.00 fuel charge. Councilman Disraelly
stated that the charge is $7.99 for the next six months,
and that the PSC has already approved this charge.
Mayor Falck pointed out that this additional. charge will
increase the 1,000 kilowatt hours significantly on top
of the additional cost that will be involved with oil.
Mayor Falck stated that they do desire lighting but
that the city must exercise care and caution so that
city can provide lighting where necessary and in a most
economical manner.
Councilman Disraelly observed that this additional
increase will have a tremendous effect on the light
bill of the city. Councilman Disraelly pointed out
that this additional $7.99 fuel charge will be in effect
for six months, and two months after the six months have
expired, there will be a determination as to whether this
was the correct figure to have been used. Then FP&L
will either have a refund or a bill will be sent for the
difference of monies that may have to be paid, plus a
6% interest being involved in either way. Councilman
Disraelly pointed out that in prior invoices there has
been varying fuel adjustments, and he cannot understand
this figure now of $7.99. The figures have varied from
$1.54 up to approximately $7.00, but it has never been
over $7.00 for any single month in the past year.
Councilman Disraelly stated that the fuel adjustment
charges were based on the cost of oil of two months previous
to the billing.
Vice Mayor Massaro stated that she walked around the
Family Mart with a view to the rezoning of the area in
the back. She was shocked at the conditions back there.
There was raw garbage that was thrown into a corner of
the building. There were all kinds of refuse piled up.
It looked like a real dump. There were County Waste
dumpsters there overflowing with trash and garbage. There
were two small dumpsters and one medium size dumpster and
these were all the dumpsters that were there for the
entire Family Mart. The floor of the enclosure was strewn
with garbage and junk. Garbage of course breeds rats and
this is very close to a residential area. There was a gas
tank sunk there, but they left a hole. There was a manhole
in the center of where the tank went so that the valves could
be reached. This is in the parking area, at the northeast
corner of the building. The hole was not barricaded, which
is a hazard. Vice Mayor Massaro walked around the driveway
and where you have to drive through to get to the stores to
deliver, they had put in some valve boxes and the covers
don't fit. There was no patching done around this, just
holes left around it. Vice Mayor Massaro noticed that they
were building a concrete block enclosure for a small dumpster
at the second store .from the northend. Vice Mayor Massaro
then looked at the site plan and the site plan does not show
an enclosure. She does not believe that they have a permit.
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They are just putting the dumpster there without a revised
site plan. They do not have a right to do this.
Councilman Disraelly mentioned that the second last store
is the Varsalona Restaurant and if they are putting a dump-
ster there, it will require a grease trap because of the
fact that they will be dumping food there. This will re-
quire a specialized dumpster whereby the liquid can go down.
It requires a trap. It requires a totally different type of
dumpster than one just for handling trash.
Councilman Zemel stated that this is his first session as
a member of the Council and something strikes him as unusual.
The city pays employees and the Vice Mayor and City Council
have to go out to inspect. Vice Mayor Massaro explained that
she did not go out on inspection. She went to check the area
due to the upcoming rezoning, and when she sees something
that is not right, she will mention it.
Vice Mayor Massaro stated that she had been pressuring
Representative Warner and this morning she received material
from him. In his letter he stated that the City of Tamarac
appears to meet the basic eligibility criteria for three
relevant federal assistance programs. The programs are:
Watershed Protection and Flood Prevention; Flood Control
Projects; Snagging and Clearing for Flood Control. The
printout that they received did not guarantee eligibility
of any specific project or availability of program funds.
Vice Mayor Massaro mentioned that there was another person
in the federal government who had indicated to Mitch Ceasar
that if they found the grants, that this person would try
to be of assistance in helping the city to get them.
Vice Mayor Massaro stated that she and Mr. Birken had gone
to the meeting at the Fort Lauderdale City Hall relevant to
the Executive Airport. Mr. MilledFe and Mr. Gallop were at
the meeting. Her personal feelings were that the presenta-
tion given by the consultants who were Williams, Hatfield
and Stoner, if there is any conflict herein, will be some-
thing that Mr. Birken will have to determine, and this pre-
sentation concerned the reasons why the extension of the
runways are necessary. They did make an attempt to justify
the expansion of this facility and based on the present
number of operations at the airport, the air space is now
pretty well saturated. Vice Mayor Massaro feels that
lengthening the runways will accommodate larger jets and
would :increase the traffic and the noise level further.
This expansion can only be part of an obvious long range plan
to further justify future expansions and the use of this
facility until the City of Tamarac will be nothing more than
an approach zone. It has been indicated that this is a
reliever airport. The approach right now is over the city.
You can therefore imagine what it would be like when this
is a full scale reliever airport for the Hollywood -Interna-
tional Airport. She believes that this would just destroy
the values of the homes in this city. The City of Tamarac
must be protesting further expansion and the protests must
start right away. There is no necessity for any new facili-
ties. If a new facility is needed, it should be located
somewhere else. Vice Mayor Massaro pointed out that the city
already has more than their share of problems with this air-
port. She did not think the presentation was meaningful.
ITEM #35. CITY ATTORNEY REPORT.
Mr. Birken stated that it was pretty clear that their meeting
last night was just a show that requires that they go through
these motions and make the presentations and do this just to
satisfy the FAA and other agencies.
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Fast night was the first of these meetings and Mr. Birken
believes that there will be another meeting in about 30
days, at which time they may get into the environmental
questions. In about 60 to 90 days, after the next meeting,
they will anticipate having some sort of a public hearing,
and that at that time the public will be invited and this.
meeting will be advertised. An examiner from the FAA will
also attend this public hearing, and the meeting will be
recorded. It should be a formal hearing. At that time the
city may desire to have a big turnout, or whatever strategy
the city may desire to develop.
Mr. Birken mentioned that he and the Mayor met to take a
look at N.W. 22nd Avenue. While they were there, the code
enforcement officer and some people in the Building Depart-
ment showed up next door where there are warehouses and
they found a family living in one of the mini -warehouses.
With the family was also a baby. When the door was opened,
a man was sleeping there. The baby was on the floor. The
police came, called the appropriate state agencies and the
agency stated that they would send someone out within the
next 24 hours. The police brought the people in. The people
could only go back to get their clothes and they were given
notice to appear in court for violation of zoning regulations.
Mr. Birken stated that he mentioned this because the state
agencies told the Police Department they would send someone
within 24 hours. Mr. Birken has already written to the state
agencies. When he receives a response, it will be passed on
to Council. The baby was in a cardboard box on a concrete
floor.
ITEM #34. CITY MANAGER'S REPORT.
Mrs. Stuurmans informed the Council that at the next regular
meeting they will be sharing the morning meeting with the
fifth grade students from Tamarac Elementary who were elected
to the respective offices of the Council.
Vice Mayor Massaro said that she had sent memos and to date
has not received a reply and would appreciate it if Mrs.
Stuurmans would check into it. Vice Mayor Massaro is dis-
turbed about the rust that is appearing on the sidewalks and
curbs of Century Bank, Mission Bell building, the Peninsula Bank,
Sands Point at Mrs. Reynolds' recommendation. Peninsula Bank
cleaned it just a little. The rust is coming right back.
They did not correct what had to be done. The ordinance
calls for rustproofing for irrigation water. The concrete
is being destroyed even though the bank did not pay for it.
The other one was Financial Federal on which a memo was
written. Mission Bell's brand new sidewalk is full of rust.
Century Bank has the rust on Commercial Boulevard and on
57th Street.
Mayor Falck mentioned that people were complaining about this.
Mayor Falck understands that each of the Councilmembers have
received a copy of the Consumer Register that was sent to
them from the Department of Consumer Protection in Washington.
Mayor was very proud to find out that there are very few
municipalities in the whole country that have a department
for consumer protection and in Florida the city is listed
as the municipality with a consumer protection department.
Mayor Falck always receives communications from the people
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stating how thankful they are that the city has this kind
of a Board available to them in the city.
Mayor Falck stated that he received information this past
week regarding the airport that even though they gave up
the airshow in 1980, it is their intent to have an airshow
in 1981.
Mayor Falck stated that they needed a clarification on
the reconvened meetings. 'There is one on Monday and also
on Tuesday. Vice Mayor Massaro stated that she does not
believe they should meet on Monday and would prefer to
meet on Tuesday.
Mr. Birken referred to the contracts with the police and
fire. They wanted $10.00 a day for the police, but he
did not have any guidance or direction on the amount for
the fire department. He was informed that it was $5.00.
Mayor Falck recessed the meeting until 9:30 on Tuesday,
March 18th. 3/13/80gb
MAYOR
ATTEST:
CITY CLERK
This public document was promulgated at a cost of /a.r'0r"' or
per copy to inform the general public and public officers and employees
about recent opinions and considerations by the City Council of the City
of Tamarac.
APPROVED By.
CITY COURCIL ON dd 9�d.
9 W