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Home My WebLink About1983-09-19 - City Commission Reconvened Regular Meeting MinutesMAIL REPLY TO: P.D box 25010 TAMARAC. FLORIDA 33320 5811 NORTHWEST 88TH AVENUE a TAMARAC. FLORIDA 33321 TELEPHONE 1305) 722.5900 NOTICE OF RECONVENED COUNCIL MEETING September 15, 1983 There will be a Reconvened City Council meeting on Monday, September 19, 1983, at 10:00 A.M. in the Council Chambers at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The items remaining from the Council Agenda of September 14, 1983, to be considered are as follows: 2. Presentation by Mayor Falck of Certificates of Appreciation to Irving Lopatey, George Hincken and Phillip Greene in recognition of their contributions to the City. 4. Pioneer Days - Presentation of a proclamation by Mayor Falck designating October 1 and 2, 1983, as "Pioneer Days". 6. Burch ar Alarm Review Committee - Temp. Ord. #1053 - Discussion and possible action to amend Section 14-69 8 of the Code pertaining to number of members on this Committee. First Reading. (tabled from 7/13/83). 7. Public Information Committee - Temp. Reso. #2766 - Discussion and possible action to appoint a Council member to this committee (tabled from 7/13/83). 8. Board for Social Services - Discussion and possible action on:" a Acceptance of resignation of Ileen Wachs. b) Announcement of one vacancy on this board. 9. Investment Advisor Committee - Announcement of two vacancies on this committee. 11. Bid Awards - Utilities West - Discussion and possible action on: a Awarding a bid for a backhoe loader and trailer for Operations - Temp._Reso. #2794 (tabled from 7/27/83). 13. PSC Expendable Trust Funds - Discussion and possible action to authorize closing this fund and transferring monies to the Utilities West System Fund. 14. Budget Transfer - Buildin De artment - Discussion and possible action to transfer funds from Contingency to Building Department Personnel Services Accounts. 17. Broward League of Cities Business - Discussion and possible action. 18. Emergency Ordinance - American Video - Temp. Ord. #1058 - Discussion and possible action to transfer a non-exc usive ranchise for a community antenna television system to American Cablesystems of Florida. Second Reading. (Passed First Reading on 9/14/83). PAGE TWO 19. Standards for Construction Trailers - Temp. Ord. #966 —Discussion and possible action. Second Reading. Public Hearing held 4/28/82). 22. Building Permit,F_ees - Temp. Reso. #2835 - Discussion and possible action to delete fees required for painting. 23. Merger of Municipalities - Temp. Reso. #2832 - Discussion and possible action opposing any amendment of the Florida Statutes or enactment of any Special Act regarding merger of municipalities. 29. Southgate Gardens Condomini.um_(7300 Southgate Boulevard) Discussion and possible action on: b) Acceptance of utility easement for water purposes - Temp. Reso. #2486 (tabled from 2/9/83). c) Acceptance of utility easement for sewer purposes - Tem Reso. #2487 (tabled from 2/9/83). e) Acceptance of utility easement for sewer purposes - Temp. Reso. #2858. � -'� 32. Woodmont Maintenance Area - Discussion and possible action on: cT Revised Stipulation regarding canal excavations - Temp. Reso. #2849. T 33. Fairways III - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 35. Heftler Homes - Bond Release - Tem . Reso. #2828 - Discussion and pos- sible action to release a warranty bond posted for sidewalks. 42. Northwood II - Discussion and possible action on: a) Amendment to Development Agreement pertaining to drainage improve- ments in Westwood Community Six along the western boundary of this project - Temp. Reso. #2857. b) Disposition of the warranty bond posted for public improvements - Temp. Reso. #2837. c) Revised site plan to reflect elimination of 26-foot wide units on certain lots - Temp. Reso. #2836. 43. Shaker Woods Village - Discussion and possible action on: a Approval of Water and Sewer Developers Agreement for Site Plan #2. b) Acceptance of Bill of Sale for water distribution and sewage collection system improvements for Site Plans #1 and #2 - Tem Reso. #2846. 48, City Council Reports 49. City Manager Report 50 . City Attorney Report The City Council may consider such other business as may come before it. The public is invited to attend. Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter, considered at such meeting or hearing, he arili need a record of the r.roceedings ,and for such Pu POS,s, he ;=ra;r need to ensure that a vert.abrr, recorli in<:.lL,des ti.m` 'Tinily r..0; owrk?rce uccni which th'l e911pr-""O fs 10 Carol A. Evans Assistant City Clerk Rev. 9/16/83 CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING SEPTEMBER 19, 1983 Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to 1 order on Monday, September 19, 1983 at 10:00 A.M. in Council Chambers. ROLL CALL: 53. Rezoni PRESENT: Mayor. Walter W. Falck Vice Mayor Helen Massaro Councilman 'Jack Stelzer Councilman David E. Krantz Councilman Philip B. Kravitz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon Henning, City Attorney Marilyn Bertholf, City Clerk Roslyn Brauner, Secretary Broward County of Lands East of 441 - Prospect Road. SYNOPSIS OF ACTION: Agendized by Consent. Mayor authorized to represent the City at County hearings relating to rezonings east of 441. Mayor Falck stated that the County is conducting hearings on the three parcels of land that are up for rezoning, which are located off Prospect. Road. He said that he•has taken exception to one of those parcels and will be testifying as an individual. on October 21, 1983. The other two parcels, which are adjacent to the Gold Coast School, will be heard early next week. He said he plans to speak at that hearing, either for the City., if the Council so authorizes, or as a resident. The Mayor explained that the County wants to rezone the parcels to Industrial and he is opposed to that as they are in the annexation reserve of the City of Tamarac. V/M Massaro MOVED to Agendize by Consent, authorization to the Mayor to represent the City at County hearings relating to rezoning of all lands east of 441, from Commercial to Industrial. SECONDED by C/M Krantz. VOTE - ALL VOTED AYE V/M Massaro MOVED that authorization be given to the Mayor to rep- resent the City of Tamarac at County hearings, to oppose the re- zoning of residential areas to Industrial, in the Prospect Road area or any lands east of 441, during the months of September and October. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 54. Southgate Gardens East -- Mission Lakes - Discussion and possible actionon release of warranty bond. SYNOPSIS OF ACTION: Agendized by Consent. See Page 22). V/M Massaro MOVED to Agendize by Consent, the release of a warranty bond posted by Southgate Gardens East - Mission Lakes. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -1- 9/19/83 /rb 55. Aquatic Plant Control State Fundin Pro ram - Discussion and possible action to adopt the State Aquatic Plant Control Agreement for the period of October 1, 1983 to September 30, 1984. SYNOPSIS OF ACTION: Agendized By Consent. (See Page 22). V/M Massaro MOVED to A gandize by Consent, acceptance of the Agree- ment adopting the State Aquatic Control Funding Program, as requested by the City Manager. VOTE: ALL VOTED AYE 56. Ci:ty Ambulance Service for the Residents of Tamarac -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Pages 22 & 23). C/M Krantz MOVED to Agendize by Consent, discussion and possible action on a proposal, for a City owned and operated ambulance service. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 57. UTA Cable Corporation - Discussion and possible action to grant a non-exclusive franchise for a community antenna television system. SYNOPSIS OF ACTION: Agendized by Consent. ( See Pages 7 and 8). Mayor Falck said at the time Council recessed in July, there were two problems pending in connection with this franchise. One 9f tnose was the transfer of the American Video franchise, and that item will be considered when the UTA franchise is finalized. The other problem concerns the application that is pending for the UTA franchise. City Attorney Jon Henning said he would recommend that this item be discussed today but not acted upon. He pointed out that it is scheduled to be heard on September 28, but a status report could be given at this time. V/M Massaro MOVED to Agendize by Consent, discussion relating to the granting of a non-exclusive franchise to UTA Cable Corporation for a community antenna television system in the City. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 18. Emergency Ordinance -- American Video - Temp. Ord. #1058 -- Discussion and possible action to transfer anon -exclusive franchise for a community antenna television system to American Cablesystems of Florida. Second Reading. (Passed First Reading on 9/14.83). SYNOPSIS OF ACTION: APPROVED as Amended on Second and Final Reading. ORDINANCE NO. 0-83-& , PASSE C/M Stelzer said several meetings were held in connection with the granting of this franchise, at which time he mentioned the possibility of the City obtaining a hold harmless agreement prior to the granting of any franchise. He said he does not know how Council feels about that type of agreement, and before further discussion ensues, he would MOVE that an Ordinance be written to the effect that a hold harmless agreement be a condition in the grantinq of any non-exclusive franchise; and that this hold harmless agreement would preclude any grantee from involving the City of -2- 9/19/83 /rh Tamarac in any law suit instituted by virtue of the holding of a non-exclusive franchise. City Attorney Jon Henning said that hold harmless agreements cannot hurt but it is not always known how much good they do.. If_the cable companies involved were willing to provide the City with such an agreement, there would not be a need for discussion, but he does not believe either of the companies would volunteer this. He said he feels comfortable that the City will get along with both companies on sound ground but actually does not know how they will get along with each other. The City Attorney stated that Council had previously discussed the Florida Statute which in essence states that a resident of a condo- minium cannot be deprived of cable television services; but he cannot guarantee that the Statute would not be the subject of a law suit and he would prefer it be a suit between the two parties rather than to involve the City in any way. He said at this time the City does not foresee any possible claims. He explained that this discussion involves a potential claim but a hold harmless agreement addresses all claims. He said it would be nice if the City could obtain a hold harmless agreement but he does not know if the companies involved would provide it or whether it would work in the future. V/M Massaro said it is her opinion that a hold harmless agreement should pertain to something specific and there should not be a general agreement. Mayor Falck said he does not feel a hold harmless agreement would affect the subject under discussion one way or the other but it could be considered at a future time. C/M Stelzer said it is his opinion that once the franchise is granted, the cable company would not agree to a hold harmless agreement. Mr. John Chapple, General Manager of American. Cablesystems of Florida, said he agrees with the Mayor's position and would like Council to review the subject of a hold harmless agreement at a future time, if at all possible. V/M Massaro explained that if C/M Stelzer's Motion is approved, and she does not doubt that it will be due to the problems that exist between the two cable companies, Council would not be in a position to take action today on the transfer of the franchise. She asked Mr. Chapple if he would like to contact a representative of his company who would speak before Council on this subject and he replied that he would prefer the course of action to be as was suggested by Mayor Falck. V/M Massaro SECONDED the Motion. VOTE: C/M Stelzer Aye C/M Krantz Nay C/M Kravitz Nay V/M Massaro Aye Mayor Falck Nay City Attorney Jon Henning read the Amended Ordinance and explained that a few minor revisions have been made to the original franchise agreement. He stated that in Section 2, Page 1, there is a slight change in word- ing but in essence the procedure is the same; that there is to be a minimum franchise fee of 3% of all gross revenues and a greater fran- chise fee as may be provided by law. The 3% franchise fee is to be made in quarterly payments. The City Attorney said that the original franchise agreement did not address late payments, but he has added to the new agreement that payments are to be made quarterly, based upon a calendar year; and in the event monies are due and owing, and not timely paid as specified, the City may impose a late charge of 10% on the amount due. Mr. Henning pointed out'that this provision is also contained in the UTA Cable Corporation franchise. --3- 9/19/83 /rb Mr. Henning stated that there was a typographical error in the address shown in Section 3 of the agreement, and that has been corrected. The City Attorney said that last week he distributed to Council, a listing of the channels offered by American Cablesystems, and that listing was incorporated into Section 4 of the franchise agreement. Attorney Henning said that Section 5 references the rates, and he has attempted to keep them the same as those charged by UTA Cable Corporation, but American Cablesystems would prefer to utilize the rate schedule under which they are presently operating. In some instances, rates are lower and in other instances they are higher. He said instead of charging $10.45 for each premium channel, they offer HBO at $9.50 and Cinemax or Showtime at $11.00. On the second premium channel, there is a discount to $7.00 and $9.00 respectively instead of the $10.45 charged by UTA for each premium channel. American Cablesystems charges $5.00 more than UTA for installation and their charge is $20.00 as opposed to UTA's charge of $15.00. The City Attorney said a statement was made to him to the effect that under Federal Regulation, the City is preempted from regulating the rates of premium channels. However, until this can be reviewed and a report made to Council, he feels comfortable that the City should state the rates and regulate them; and if there is. a conflict with. Federal law, this would be covered by Section 8 of the franchise agreement. Mr. Henning said that Section 8 contains the standard language which states that all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. He explained that this is standard Repealer provision, but due to the nature of the subject matter, he has •added the sentence, "Any Federal Communication Commission regulation or State or Federal law in conflict with this Ordinance, shall supersede it". The City Attorney said this is an area of a great deal of legislation in the State and Federal legislatures, and it is anticipated over the course of the franchise, there might be some conflicting rates or regulations. -4- 9/19/83 / /rb ✓ City Attorney Henning said he feels the City will be comfortable with the American Cablesystems of Florida Amended Ordinance. V/M Massaro said she feels there should be an addition to the franchise which would state that there can be no rate increase without City Council approval; and Mayor Falck concurred. C/M Stelzer inquired whether there is a provision in non-exclusive fran- chises to invoke a penalty upon the grantee should they decide to pull out and discontinue service as this question has been asked of him by several of the residents of the City. Mr. Henning said in the past this provision was not included in a franchise agreement. If the grantee were to pull out. the City could open the area to either a competitor or another company to step in and there would be a sale of the assets, such as in this instance whereby American Cablesystems is buying out American Video. He further explained that American Video is not pulling out and leaving town as ,there are many assets involved and it is just a matter of it being economically advantageous for them to sell out. C/M Stelzer asked whether it would be possible for the City to invoke such a penalty upon the grantee if they do decide to pull out since that was not included in the American Cablesystems franchise agreement. Mayor Falck said there was no provision made for that situation. VIM Massaro said she feels the City should not seek a provision of that type; and C/M Stelzer concurred. C/M Krantz asked whether the $20.00 installation charge is subject to revision and Mr. Henning said this charge is for premium channel service only. VIM Massaro explained that the rate schedule that was discussed is not the complete schedule, as there is an Ordinance which covers all the rates. Mayor Falck opened the public hearing and asked if any one of the public wished to speak Mr. Walter Rekuc, resident, said he has reviewed the complete file on this subject and this is not an emergency. He said Council does not know who the corporation is and there is nothing on file as to financial statements or the officers of the corporation. He also mentioned that the rate schedule had not been seen until it was submitted to Council today. City Attorney. Jon Henning said the discussion today pertains to rates for premium channels only, as the other rates have been in existence for several years. Mr. Rekuc said he feels this case should probably go to the State Attorney's Office since there is so much involved. The Florida Statute provides for hearings on two separate dates but the City Council did not consider that until a competitor's attorney pointed it out. He said in addition, the partners are unknown, as is the type of limited..partnership that exists. He said the agreement does not contain a clause relating to the failure to perform and a.franchise agreement should contain a clause of that type. Mr. Rekuc mentioned that he does not understand how 3% can be higher than 50. _5_ 9/19/83 /rb B L A N K P A G E --6- 9/19/83 ~' /rb City Attorney Jon Henning said to clarify the situation, he would state that the prior Ordinance contained a provision that the franchise fee to the City would be 5% of basic service only, whereas the present Ordinance provides for a fee of 3% of gross revenues. He further explained that the rate schedule discussed here today would increase the fees paid to the City to the point where the payment would be almost double of what it was previously. V/M Massaro said she would like to explain that 3% represents payment on gross revenues but 5%. represented payment on basic service only. She. further stated that the City is conforming to Federal law which controls the operations of cable television companies. Mr. Rekuc said he feels Council should reconsider the matter before granting the franchise to American Cablesystems as there are no facts available on the new company or the limited partnership, and also because the rates were not known until today. He further stated he feels this should be turned over to the State Attorney's office for investigation. The City Attorney stated that the rates have not changed and that the City advertised public hearings of this Ordinance. He said the residents were not informed of the rates because the current rates are identical to those charged since 1979. He said he would like to state for the record, that he does not agree with Mr.Rekuc regarding a previous statement that this is not an emergency. Regardless of that, Council is meeting on a second date for discussion of this Ordinance.. Mrs. Melanie Reynolds, resident, said it was her opinion when the City specifies an Ordinance to be an emergency, it would pertain to the City's emergency and not the applicant's emergency. City Attorney Henning said this subject was addressed at a prior meeting and at that time it was stated that in the past, Council had declared emergencies either for recess or revenue conditions and emergency Ordinances were passed because of those emergencies; and it was for this reason, Council felt this was an emergency situation. Mrs. Reynolds said she feels this matter should be researched. Mr. Samuel Hart of UTA Cable Corporation, said he is present today to speak in the public interest and not as a representative of the UTA Cable Corporation. He stated that in the past,when discussing franchise fees, the City had asked that the the maximum fee allowed by law be paid by the cable operator. He said that the maximum fee allowed by law is 5%, but in order to obtain that 5% the City must petition the Federal Communications Commission for the increase. The procedure for that is when the cable company agrees to the 5% increase, they will assist the City in the rate application, petitions or procedures. Mr. Hart pointed out that the UTA Cable Corporation had voluntarily agreed to assist the City with such application for a 5% fee to be paid to the City; and the franchise agreement contained a statement relating to this. Mr. Hart said he would recommend that in public interest, the City of Tamarac use language to that effect, requesting all cable operators when applying for franchises, transfers or renewals to agree to go before the Federal Communications Commission and assist the City in rate applications, petitions or procedures to obtain a waiver of any of the rules that restrict the City from receiving the amount allowable by law, which at this time is 5%. Mr. Hart stated he feels the City has a strong case and will receive the 5% franchise fee and that the City would want to have a regulatory body for that purpose and this could be indicated in the application to the Federal Communications Committee. He said he would recommend that this be incorporated in any franchise agreement involving cable television in the City of Tamarac. -7- 9/19/83 /rb Mr. John Chapple said American Cablesystems has willingly agreed to pay the maximum franchise fee permitted by law and this was included in the franchise agreement. He said he would like to state that American Cablesystems would have no objection to including in the agreement that they would assist the City in rate applications but it is his opinion that the possibility of this being acted upon favorably by the Federal Communications Commission is practically nil. He added that if this were acted upon favorably by the Commission, the rate increase would be passed on to the citizens of Tamarac. City Attorney Henning said there was a provision in the old franchise for a $20,000.00 minimum franchise fee to be paid to the City and since American Cablesystems are requesting a transfer of that fran- chise, it is assumed they are aware of the provision and possibly are in agreement with it. The City Attorney asked Mr. Chapple whether American Cablesystems would agree to the minimum franchise fee of $20,000.00 and Mr. Chapple said they would. The City Attorney said -since Mr. Chapple has agreed to the minimum franchise fee of $20,000.00, it would be appropriate to aad to Section 2, Paragraph 21 Line 4 of the franchise agreement, the words, "American Cablesystems of Florida shall assist the City in any rate applications, petitions or procedures with governmental regulatory agencies" and after that sentence, adding the words, The Minimum franchise fee shall be $20,000.00". Mr. Chapple' ',nentioned that he had previously discussed with City Attorney Henning the possibility of adding in Section 4, the words, "whenever possible" as relates to the notification clause. Mr. Henning said he had stated in the notification clause, at Councills request, that it would be mandatory to provide the City with thirty days notice of a change in program and that there would be a breach of contract if this notice were not provided. Mr. Henning said he has been informed by American Cablesystems that occasionally emergency ariseswhen they are notified that a channel might be going under and in such an event, it would be impossible to provide the City with thirty days notice. It is for that reason, American Cablesystems is now requesting the addition of the words "wherever possible" in Section 4, after the word, "effective". The City Attorney said he feels the addition of those two words will not cause any problems.; and Mayor Falck concurred. Mr. Walter Rekuc stated Mr.Chapp-le made a statement that his company would pass on any increases to tiie subscribers in the City, and he is wondering what that means.. Mr. Henning explained that the increase would amount to pennies and it could not be passed on to the residents without the approval of Council. Mr. Rekuc said he would like to point out that to this date, the City has not been provided with an address for American Cablesystems of Florida and the City Attorney said both addresses are contained in Section 3, Page 2 of the franchise agreement which states that the parent company is American Cablesystems in Beverly, Mass. and the local company is American Cablesystems it Tamarac, Florida. Mayor Falck announced this is a public hearing and asked if any one of the public wished to speak. There was no response and the public hearing was closed. V/M Massaro MOVED to adopt Temp. Ord. #1058 as Amended, on Second and Final Reading, as read into the record by the City Attorney, transferring a non-exclusive franchise for a community antenna television system, to American Cablesystems of Florida. - SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE "�- 9/19/83 /rb 57. UTA CABLE CORPORATION - Discussion on granting a non-exclusive franchise for a community antenna television system. SYNOPSIS OF ACTION: Agendized by Consent on Page 2. Held for Special Meeting on 9/26/83. City Attorney Jon Henning stated that many discussions were held relating to the granting of this franchise and many of the issues are identical to those. pertaining to American Cablesystems of Florida. He said at this time, UTA Cable Corporation and the City Attorney are basically in agreement as to the provisions of the franchise. It has been mentioned that today would not be the appropriate time to make the presentation, although UTA is anxious to move forward and will proceed with the presentation as soon as Council is ready to receive it. The City Attorney said a promise was made to UTA that they will be beard no later than September 28 and he would recommend that this item be agendized as soon as possible. Mr. Samuel Hart, representing UTA Cable Corporation, said that all concerned have spent a lot of time discussing this item and he would respectfully request that this be agendized for today, since the language in the agreements has been worked out and everything has been reviewed and they would like to commence construction and not be held up any further. Mr. Hart commented that he will be in London on September 22, and he would consider it a personal favor if this item could be heard before that date. Mayor Falck suggested that in view of the recommendations made by the City Attorney, he would schedule this,item for Monday, September 26tt V/M Massaro inquired whether discussions were held by the City Attorney and UTA Cable Corporation in connection with burglar alarm systems in the various units. Mr. Henning stated that if UTA would have 'a burglar alarm system, the present Ordinance providing for a $50.00 annual fee would apply. V/M Massaro asked whether this subject was addressed in the UTA Ordinance, and Mr. Henning said he would check the Ordinance further to determine whether this subject was specifically addressed, although all City Ordinances do apply. The City Attorney said he would clarify this by stating that an Ordinance exists today that provides for all individuals who have a burglar alarm system to pay a fee of $50.00,per year and if UTA installs burglar alarms, those residents would be liable for the $50.00 fee. Mr. Hart stated that in the UTA franchise there is language which states all Ordinances of the City would be adhered to,and therefore, all fees due the City would need to be paid. V/M Massaro said she would want specific reference to be made in the franchise agreement'regarding burglar alarm systems. C/M Stelzer asked whether the franchise covers the transmission lines for television only. He pointed out rxo mention is made in the agreement in connection with burglar alarms. _9- 9/19/83 /rb City Attorney Henning said that unlike the American_Cablesystems of Florida franchise which makes no mention of burglar alarm systems and clearly states it is for television services only, the UTA franchise does contain mention of the fact that there might be additional services offered,those being burglar alarms, medical alerts, etc. Mr. Henning also pointed out that when UTA made their presentation, it was stated they have four channels of two-way capacity,and they could have these types of alarms built in. Mayor Falck said this item is set to be heard on Monday, September 26 at 10 A.M. and the City Clerk will handle the necessary notifications. The Mayor said Council wants to consider everything so UTA will not have to return to Council to start from the beginning again. 29. South ate Gardens Condominium (7300 South ate Boulevard) - Discussion an possible action on:. b) Acceptance of utility easement for water purposes - Temp. Reso. #2486 (tabled from 2/9/83). c) Acceptance of utility easement for sewer purposes - TM2. Reso. #2487. (tabled from 2/9/83). e) Acceptance of utility easement for sewer purposes - Te� mp. Reso. #2858. SYNOPSIS OF ACTION: b) and c) Removed from Agenda. e) Approved as Amended. RESOLUTION NO.�R-83- PASSED Mr. Steve McCann, representing the developer, said that following the Council meeting of Wednesday night, he spoke with the City Engineering Department staff by telephone, and the items discussed were resolved.He explained that basically,. the legal uescript-ions of easements referred to in 29 b) and c) were removed and substituted with the legal description of Item 29 e). In addition, there was a change in the language to clarify that the easement covered by 29 e) is not a blanket easement and that this was requested by the City. He explained that at this time the easements covered by 29 b) and 29 c) are not necessary, and the easement mentioned in 29 e) can be provided. V/M Massaro MOVED to Remove Items 29 b) and 29 c) from the agenda. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) V/M Massaro MOVED to approve Temp. Reso. #2858, accepting the revised utility and public safety easement with new Page 2 and sketch (Exhibit "B") to eliminate certain areas not acceptable to the City, removing names of parties no longer authorized to sign easements and adding names of appropriate parties. SECONDED by C/M Krantz. City Attorney Jon Henning read the Resolution by title. VOTE: ALL VOTED AYE Jon Henning,.City Attorney, explained that the document covered by stem 29 e) is for the land that will be purchased by Cardinal Industries. It is his understanding thatthe closing is at hand and he recommended immediate execution of the documeht by the City Clerk. 2. Presentation by Mayor Falck of Certificates of Appreciation to Irving Lopatey, George Hincken and Phillip Greene in recognition of their contribution to the City. -10- 9/19/83 /rb SYNOPSIS OF ACTION: Presentation made to Phillip Greene,who also accepted Certificate for George Hincken. Irving Lopatey absent from meeting. Mayor Falck presented a Certificate of Appreciation to Mr. Phillip Greene and thanked him for his contribution to the City. - Mr. Greene accepted the Certificate for Mr. George Hincken who was not present. Mr. Irving Lopatey was absent from the meeting. 42. Northwood II - Discussion and possible action on: a) Amendment to Development Agreement pertaining to drainage improvements in Westwood Community Six along the western boundary of this project - Temp. Reso. #2857. b) Disposition of the warranty bond posted for public improve- ments - Temp. Reso. #2837. c) Revised site plan to reflect elimination of 26-foot wide units on certain lots - Temp. Reso. #2836. SYNOPSIS OF ACTION: a) and c) APPROVED. RESOLUTION NO. R-83- PASSED b) APPROVED as Amended. RESOLUTION NO. R-83- .2/ PASSED RESOLUTION NO. R-83- PASSED a) City Attorney Jon Henning read the Resolution by title. V/M Massaro MOVED the adoption of Temp. Reso. #2857 pertaining to the Second Amendment of the II.L.R. Agreement in connection with the drainage improvements in Westwood Community Six. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) City Attorney Jon Henning read the Resolution by title. V/M Massaro stated that the remedial work has not been completed and the bond is to be called if the work is not completed by September 19, 1983. However, since she feels this will not he a problem and has been assured by the developer that the remedial work will be completed, she would MOVE to Approve Temp. Reso. #2837 as Amended, to release the warranty bond posted for public improve- ments. If remedial work is not completed by September 22, 1983 or the Letter of Credit not extended by that date, the City Engineer is authorizdd to call the bond. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED to accept the revised site plan indicating that Lots #90 through #99 inclusive and Lots #157 through #171 inclusive are to remain 26 foot wide units as shown on the previous site plan, and that all other lots are to be 28 feet wide, as originally platted. This approves Temp. Reso. #2836. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 4. Pioneer Days - Presentation of a Proclamation by Mayor Falck designating October 1 and 2, 1983 as "Pioneer Days". SYNOPSIS OF ACTION: Proclamation presented; to be mailed in absence of representative. Mayor Falck said there is no one present to accept the Proclamation and he would designate October 1 and 2 as "Pioneer Days" and see that the Proclamation is mailed to the appropriate parties. 11- 9/19/83 /rb 6. Burglar Alarm Review Committee - Temp. Ord. #1053 - Discussion and possible action to amend Section 14-69(8) of the Code pertaining to number of members on this Committee. First Reading. (tabled from 7/13/83). SYNOPSIS OF ACTION: APPROVED as Amended on First Reading. City Attorney Jon Henning read the Ordinance by title and V/M Massaro stated that if the law requires a change in the City's burglar alarm Ordinance, it should be done. She said she also feels that the words "members of the public" should be changed to "residents of the city" since she feels only residents of the city should serve on the Burglar Alarm Committee. She MOVED to approve Temp. Ord. #1053 as amended on First Reading, changing the language to read "residents of the city" instead of "members of the public". SECONDED by C/M Kravitz. C/M Kravitz said with reference to the wording "residents of the city" it is his understanding that this subject is under review in connection with all committees and the City Attorney is researching the matter to determine whether a, person who is not a resident of Tamarac can serve on any committee. However, he feels this would not affect Temp. Ord. #1053 in connection with the Burglar Alarm Review Committee. The City Attorney said this subject. will be reviewed again as the exception to this would be the Beautification Committee, which allows.business people in the City who may not live in the. City to serve on a committee. C/M Kravitz said it was his impression when this item was tabled that Council would also address at this time, the appointment of the members to serve on this committee,as a member was appointed who would serve only one month since members would be appointed at today's meeting. V/M Massaro said this is only the First Reading of the Ordinance and there would not -be appointments made to, the Committee until the Second Reading. Tape City Attorney Henning said he would like to explain that Council 3 had agreed that the voting members of the committee be an odd number; and in fact he would suggest that in the future all committees have voting members of odd numbers, so that there can be a tie break. He said that since the Police Chief or his designee is acting in an advisory capacity on the Burglar Alarm Committee, it is the opinion of the Attorney General as'well as his own opinion, that a Council member who would serve be in an advisory capacity or what is termed an ex officio member. He said the Council should decide whether to remove the Council member from this committee or designate they be an ex officio member. He said he would like to clarify his interpretation of the law, and would state that based upon the opinions he has seen, he feels Council members should serve in ex officio non -voting capacity, but not necessarily that they should not be on the committee at all. He explained that the language in the present Ordinance reads "four or more members" but C/M Kravitz proposed to fix the number as five. V/M Massaro askec3.whether it should be mentioned in the Ordinance that there is to be an ex officio member Qn the Burglar Alarm Review Committee; and the City Attorney said it should,as if it were not addressed in the Ordinance, a liaison is what would be referred to. He said it has been discussed as to whether the subject of a liaison should be incorporated into an Ordinance and this will be reviewed in the future. He said if Council desires an ex officio member of Council to serve on the Burglar Alarm Review Committee, similar to the Police Chief, in an advisory capacity, this should be contained in the Ordinance. 9/19/83 /rb V/M Massaro MOVED to Amend her Motion, to provide for an ex officio member on the Burglar Alarm Review Committee, to be appointed by Council. C/M Kravitz said he has given this matter a lot of thought and would suggest that this committee not be - different from any other com- mittee; and that in the past it has worked out well when the Mayor appointed a liaison to a committee. Therefore, he stated, it is his opinion that a liaison be appointed to the Burglar Alarm Review Committee and that there not be a non -voting member on that committee from Council. He said he would repeat that it is his feeling that all committees should be consistent as if they are not, problems will be created in the future with regard to other committees.. V/M Massaro stated she feels Council should make a judgement based upon the functions of a committee. C/M Krantz SECONDED the Motion. C/M Stelzer mentioned that a liaison is appointed by the Mayor and an ex officio member is appointed by Council. Mayor Falck stated it is his feeling that due to the magnitute of the Burglar Alarm Review Committee, an ex officio member should not be appointed by the Mayor and it would be appropriate for Council to make the appointment. C/M Kravitz stated he would once again like to mention that based upon the Attorney General's Opinion 081-61, it would be wrong for Council to make such appointment. He said he interpreted the City Attorneys memorandum of September 6, 1983 to state that it would be improper to appoint a Council member to the Burglar Alarm Review Committee in ex officio capacity. He further stated that Attorney General's Opinion 081-61 explained the ex officio position and the Opinion was attached to the City Attorney's memorandum. C/M Kravitz said it might be illegal for Council to appoint an ex officio member to the Burglar Alarm Review Committee ,or to any other committee,and he would therefore, suggest no action be taken on the Burglar Alarm Committee until all committees are addressed and if exceptions are made at that time, Council could address this committee again. He also suggested that Council once again review the Attorney General's Opinion 081-61 and submit the matter to the City Attorney before a vote is taken. V/M Massaro stated that she has reviewed the City Attorney's memorandum and it is his opinion that any member of a committee appointed by the City Council or the Charter Board who is a member of the appointing body, should serve in ex officio capacity only, and that as an ex officio member, there would be no right to vote or hold office on that committee. C/M Stelzer stated that the Attorney General's Opinion discussed here. specifically states that Article 2 of the State Constitution prohibits members of a City Commission from serving on a code enforcement board created by a City Ordinance; and that the dual office provision of that Article prohibits members of a governing body of a municipality from being appointed to and serving on a code enforcement board at the same time. C/M Stelzer said therefore, in accordance with Article 2, a member of Council cannot be appointed to a code enforcement board. Mayor'Falck said he feels the Burglar Alarm Review Committee is not a code enforcement board. C/M Stelzer said the Burglar Alarm Review Committee decides whether a $50.00 fine is to be imposed, and in his opinion that is code enforcement. _13_ 9/19/83 /rb City Attorney Jon Henning explained that code enforcement is addressed in another Statute. C/M Stelzer said he would have no objection to the appointment of an ex officio member from Council to serve on the Burglar Alarm Review Committee since that member would not have the right to vote. The City Attorney said a portion of Attorney General's Opinion 081-61 addresses this issue and the courts have upheld that the City Council may constitutionally impose ex officio duties upon a state or local government officer and that such designation to perform the functions of another or second office does not violate the dual office provision of the State Constitution. Mr. Henning said it is his opinion that the Attorney General's Opinion 081--61 speaks for itself and he thinks it is excellent. The City Attorney read the Ordinance, as Amended, changing the language to read "residents of the city" instead of "members of the public" and appointing five members to this committee and an ex officio. Council member to be appointed by Council. C/M Kravitz asked whether the intent of this Ordinance is to appoint an ex officio member as well as a "liaison to the Burglar Alarm Review Committee. Mayor Falck explained there would be no liaison on this committee since the ex officio member would accomplish the duties of a liaison and those duties are to try to'help the committee as well as to -keep the Council informed. VOTE: C/M Stelzer C/M Krantz C/M Kravitz V/M Massaro Mayor Falck 7. Public Information Committee - possible action to appoint a" (tabled from 7/13/83). Aye Aye Nay Aye Aye Temp. Reso. #2766 - Discussion and Council member to this committee. SYNOPSIS OF ACTION: APPROVED appoint- RESOLUTION NO. R-83- PASSED ment of C/M Krantz as ex officio member until expiration of his term. City Attorney Jon Henning read the Resolution by title. V/M Massaro MOVED the adoption of Temp. Reso. #2766, appointing C/M Krantz to this committee as an ex officio member until the expiration of his term. SECONDED by C/M Kravitz. Mrs. Melanie Reynolds, resident, said that common law states that a member of an appointing agency may not be an appointee. Nothing is mentioned about ex officio appointments in common law. The City Attorney said this was explained in the discussion held relating to the Attorney General's Opinion. In addition to that, he is endorsing an interpretation from Tallahassee which states that if the appointment is non voting, it is lawful to make such appointment. Mrs. Reynolds stated that the Attorney General does not address common law; and Mr. Henning said he thought he did. Mrs. Reynolds said she would refer to the Opinion in question again, and Mr. Henning said he would too. Ci 63" ALL VOTED AYE THE MEETING WAS RECESSED UNTIL 1:00 P.M. -14- 9/19/83 /rb Tape THE MEETING WAS CALLED TO ORDER AT 1:00 P.M. AND ALL WERE PRESENT. 4 32. Woodmont Maintenance Area - Discussion and possible action on: c) Revised Stipulation regarding canal excavations - Temp. Reso. #2849. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83- PASSED (See also Item #58 on Page 15). City Attorney Jon Henning stated that this Resolution approves Stipulation #16 of the Leadership Housing System Etal. Vs. the City of Tamarac document and directs the proper City officials to execute the document and file it with the court. Mr. Henning stated that there is an Exhibit "A" attached to the Stipulation which is a cross section of a diagram for the slant of the canal banks. There had been a misunderstanding as to whether or not the cross section and the term "bank" referred to land that is under the water or only land that is above the water. He ex- plained that the cross section slightly deviates from what is required by the existing Code. Mr. Henning stated that the reason for the Stipulation is to expound upon Stipulation #2, Paragraph 12, and to explain and state for the public record, that it is the City's intention to have the appropriate cross section not only above the water line but below it. He said that the particular tracts which are involved are areas that have recently been de- veloped or are now being developed; and there was a compromise cross section to allow for adequate safety, not only above water but below water. City Attorney. Henning mentioned that the essence of this is that there should not be too drastic a slope at the water edge, either above it or below it, to provide for as safe a slant as is possible under all circumstances. City Attorney Jon Henning stated that an exception to this Stipulation is provided in Paragraph 2C of the Stipulation,which states that the existing two private canals at the Woodmont golf courses would be accepted as is,since part of the design of these courses is to keep the water the way it is. Mr. Henning explained that as part of the Stipulation, the plaintiffs have agreed to accept the maintenance of the private waterways on the golf courses. They will maintain the banks as they seefit and the City is not asking for a change in the excavation of the golf courses. However, the other canals at Woodmont would reflect a safer and more gradual slant to the banks. Mr. Henning said he feels the explanation he has provided will clarify the misunderstanding that had existed in the recent past. V/PZ Massaro stated that the original Stipulation indicated that the canals and waterways in the north and south golf courses would be maintained by the golf courses, but there is no reference to that in the revised Stipulation: She suaaested a statement be added to the revised Stipulation to that effect. C/M Stelzer asked whether it is contemplated to have additional seawalls in the City. V/M Massaro replied that since 1976, all Stipulations indicate that the Cite is not permitted to request seawallw V/M Massaro further stated that the Fishing Commissioner of Tallahassee has advised that the reason Tamarac was not getting fish in the waters was due to the seawalls and if the City hacl banks instead., there would be more fish. The City Attorney stated that seawalls are expensive and that was one of the prohibitions in the original law suit that stopped the City from requiring seawalls at the time of annexation. Mayor Falck commented that there is more retention without seawalls and the City was concerned with the additional capacity. -15- 9/19/83 /rb C/M Krantz commented that a seawall could be put in at the developer's discretion;and V/M Massaro said it would not be done because of the expense involved. She further stated that Woodlands and Woodmont do not want seawalls because aesthetically they are not pleasing; and the only time the City can require seawalls is if other property is abutted. C/M Kravitz said he is under the impression that Woodmont ,will maintain the canals on the golf courses and he is wondering whether the City has an agreement with Woodmont to that effect. City Attorney Jon Henning said the City of Tamarac does have such an agreement, as the revised Page 2 of the Stipulation states in Paragraph 2 c) that the City agrees the sloping of the banks of private waterways previouslv excavated in the north and south golf courses may remain as exists on the date of the Stipulation and plaintiff and its successors assume the responsibility of maintaining said waterways. C/M Kravitz said he feels that the Stipulation should mention that those conditions pertaining to the private waterways be subject to the approval by the City Engineer., The City Attorney stated he met with the City Engineer and with Steve Epple at the time this Stipulation was prepared. He said over the past weekend, the City Manager and Alan Ruf met with Larry Keating and all these items were reviewed and Mr. Keating prepared Exhibit "A" to the Stipulation. V/M Massaro said she would like to state that the north and south golf course banks at Woodmont are in finished form and have been sodded for some time so they did not want to start tearing it up again. V/M Massaro MOVED the adoption of Temp. Reso. #2849 covering revised Stipulation #16 regarding the canal banks. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro said she would like to state that a procedure has been established -in connection with applications for building permits. When such application is received from any of the Woodmont areas, the Chief Building Official will send a memorandum to the Engineering Department, and they will make an inspection and determine the status and grant approval, for the Chief Building Official to issue the building permit F'urthermore,it will not be necessary to receive bonding for this work due to the fact that a building permit will not be issued until the work is completed. V/M Massaro stated that not all these problems pertain to Montwood as many of them go back to Leadership Housing, etc. and in fairness to Woodmont, it is felt that since they cannot obtain building permits until completion of the work, bonding should not be required. V/M Massaro said she feels Woodmont should be required to pay inspection fees as the work will have to be monitored while it is being done and after completion. She also stated that there are applications pending with the City for a couple of weeks. There is no problem with the application for Tract 63 and it was reviewed by the City Engineer and is ready to be signed off for a building permit. V/M Massaro stated that applications for Tracts 54 and 57 fall under the discretionary part of the Stipulation and these will be reviewed by the City Engineer and approval given for issuance of permits. The Stipulation will not have been presented to the court as yet, but those applications were received quite some time ago and the V/M said with Council's approval, she would suggest . these permits be issued upon the recommendation of the City Engineer to the Chief Building Official V/M Massaro asked Steve Epple how much time would be needed to accomplish the excavations of the Tracts for which applications have been received; and he replied that it should take no more than two weeks. V/M Massaro said that would be satisfactory, if agreed to by Council; but in the future, any applications that are received by the City would have to be processed in accordance with the procedure which has been established. City Attorney Jon Henning said that the revised Page 2 of the Stipulation states before Woodmont can receive a. building permit, it would be necessary for the work to pass Engineering inspection, In the instances discussed here, they are asking to do the engineering work simultaneous with the building work; and every- thing must obviously pass inspection before C.O.'s can be issued. He said the structural work will not be approved until the necessary work is"completed. 58. Woodmont Maintenance Area - Release of Three Building Permits - Discussion and possible action -to authorize Chief Engineer to sign off three applications to Chief Building Official, so that permits can be issued. SYNOPSIS OF ACTION: Agendized By Consent. Authorization given to City Engineer to sign off three applications for building permits, to Chief Building Official, if requirements of Stipulation #16 are met. V/M Massaro MOVED to Agendize by Consent, discussion and possible action to authorize the City Engineer to sign off to the Chief Building Official, building permits which had been requested prior to Council's approval of Stipulation #16. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/1.1 Massaro MOVED to authorize the City Engineer to determine the status and grant approval to the Chief Building Official, so that he can issue building permits for Lot #27 in Tract 63, Lots 44 and 94 in Tract 57 and Lot 9 in Tract 54, which were requested prior to council's approval of Stipulation 016, if the requirements of that Stipulation have been met. VOTE: ALL VOTED AYE 8. Board for Social Services - Discussion and possible action on: aT Acceptance of resignation of Ileen Wachs. b) Announcement of one vacancy on this board. SYNOPSIS OF ACTION: a) Resignation accepted. b) Announcement made of Dne vacancy. a) C/M Krantz MOVED to accept the resignation of Ileen Wachs of the Board for Social Services. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) Mayor Falck announced that there is one vacancy on the Board for Social Services. 9. Investment Advisory Committee --Announcement of two vacancies on this committee. SYNOPSIS OF ACTION: Announcement 51 two vacancies made. Appointments to be made at 9/28/83 meeting; with notification given in Newsletter. Mayor Falck stated that the appointments will be made at the meeting of September 28, 1983 to fill the two vacancies on this Committee and notification will be given in the Newsletter. 11. Bid Awards - Utilities West - Discussion and possible action on: a) Awarding a bid for a backhoe loader and trailer for operations - Temp. Reso. #2794 (tabled from 7/27/83). _17- 9/19/83 /__1- SYNOPSIS OF ACTION: APPROVED, awarding' bid to Growers Ford Tractor Co. in amount of $31,958.00. RESOLUTION NO. R-83-,I,�7PASSED City Attorney Jon Henning read the Resolution by title and City Manager Stuurmans said that during the Council recess, the City Engineer, Public Works Director and herself reviewed the various options in this matter and it is recommended to Council at this time.that the bid be.accepted and approved for the new equipment from Growers Ford Tractor Co. in the amount of $31,958.00 for anew backhoe and trailer. C/M Kravitz -MOVED the adoption of Temp. Reso. #2794 awarding the bid to Growers Ford Tractor Co. for backhoe loader and trailer, in the amount of $31,958.00. SECONDED by C/ M Krantz. VOTE: ALL VOTED AYE 13. PSC Expendable Trust Funds - Discussion and possible action to authorize closing this fund and transferring monies to the Utilities West System Fund. SYNOPSIS OF ACTION: APPROVED closing of -hind and transferring monies to Utilities West System Fund. City Manager Stuurmans stated that a copy of the memorandum she received from the Finance Director was sent to Council. She explained that this action would take the balance of money that is in a PSC Fund and encumbers that amount which is for customer refunds that have not been claimed at this time, as a new account named Customer Refunds, and places the balance in the operating revenues of the System. She said the second paragraph of Mr. Wood's memo is, in effect, a Motion for Council action. V/M Massaro MOVED to approve the transfer of $814,009.47 from the PSC Operating Fund to Equity and Pooled Cash Revenue Fund, Account No. 425-104-001; and $378,008.15 Liability for Customer Refund existing in PSC Operating Fund be closed and reestablished in Account No. 425-229-260 Revenue Fund entitled.Customer Refunds. SECONDED by C/M Krantz. V/M Massaro said she would like to know what these funds can be used for. The City Manager explained that the amount labelled Customer Refunds is set up as a restricted liability account and the City will continue to place periodic ads to try to locate those individuals to whom the refunds are due. The balance, which is $436,001.32 will now go into the revenues of the system for the current operating year. VOTE: ALL VOTED AYE 17. Broward League of Cities Business - Discussion and possible action. C/M Kravit:,zreported that the City received the League's Report #51-80 dated August 12, 1983 which covered the option of the gas tax budget their speakers, and the road and bridge tax. They also advised that a Fire Services Study Committee has been appointed, comprising members from the various cities, and they attached a copy of Bill #5-141 from the U.S. Senate relating to this committee. C/M Kravitz said that the Annual Conference of the Florida League of Cities will take place next month, after which a more complete report will be issued by them. -18- Y/b19/83 Mayor Falck reported that the Fire Services Plan was adopted, which in essence, enables the municipalities to take over the eight firehouses that had been maintained by the County. Mayor Falck.also reported that a presentation was made by the League last Thursday relating to the newly proposed State Pension Plan, for which a number of municipalities qualify, although Tamarac is not involved since it has its own Pension Plan. The Mayor mentioned that most of the discussion that took place at the League meeting related to Proposition #1 and the concern about what will eventually happen as a result of the passage of that Proposition. Fie said that a Seminar will take place on October 7th, which elected officials should attend in order to become better informed on Proposition #1. 14. Budget Transfer - Buildin De artment - Discussion and possible action to transfer funds from Contingency to Building Department Personnel Services Accounts. SYNOPSIS OF ACTION: APPROVED transfer of funds in amount of $22,500.00 from Contingency Fund to Building Department Personnel Services accounts. City Manager Laura Stuurmans said that a memorandum was sent by the Deputy Finance Director to the Chief Building Official dated August 5, .1983, and a copy of that memo was received by Council. The City Manager said that last year when the budget was discussed, there were three inspection positions mentioned and Council had agreed these positions would be partially funded for the fiscal year and during the course of the year, Council would determine the activity existing and whether the positions would remain. At the end of February and early March, there was an upswing in the number of building permits that were pulled and a portion of those inspection positions were kept on in the course of the year which caused the Personnel Services 'account to have a projected short fall of'$22,500.00 for the fiscal year. Therefore, in order for the account to sustain itself, at the end of the fiscal year, a transfer is needed from the Contingency Fund Account No. 001--872-581-901 to the Personnel Services of Building Department Account DO1-227--524-120 which will balance the Building Department budget in that area. C/M Kravitz said with reference to the.memorandum mentioned, he would question whether the purpose of the Contingency Fund is to transfer funds when the budget is not in line with monies that were spent. He said from -.n accounting point of view, he would object to that as it is his understanding that normally, a Contingency Fund account is for new items that appear, such as a legal case on which money is lost, or perhaps to fill a need of the City that was not forseen in a new area; but not to take monies for a budgeted item on which more money was spent than was budgeted. C/M Kravitz said he is questioning- the legality of transferring funds from the Contingency Fund for an item that was budgeted.. City Attorney Jon Henning said that there is sufficient revenue coming into the City to cover these positions. He said he sees nothing wrong with reimbursing the Building Department from revenues they have already collected, to fund that department for the remal.nder of the year. He pointed out that when these funds are received by the City,they are placed in the General Revenue Fund account. City Manager Stuurmans commented that the Contingency Fund is a budgeted.item. -19- 9/19/83 /rb V/M Massaro said before an item such as the one under discussion is funded,it should' come before Council for an amendment to the budget. She saia in this instance, the funds should be taken from the General Revenue Fund, but in the future it could be taken from the Contingency Fund, after the budget is amended. The City Manager said the monies are available for the transfer from the Contingency Fund and she pointed out that the City budgets for contingencies. V/M Massaro said she would agree with C/M Kravitz that monies should not be taken from the Contingency Fund for an item that is not in line with the budget. She said that is the purpose of preparing a budget and if there are greater expenditures than were -budgeted, . as in this case, the budget must be amended. She said she feels the monies being discussed should be taken from the General Revenue Fund and not the Contingency Fund. City Manager Stuurmans said if the transfer is made at this time, the budget would not be exceeded. V/M Massaro asked whether the additional employees of the Building Department are funded in next ,year's budget; and the City Manager explained that there were individuals in those positions one year ago, and discussions were held relating to not continuing their services. One of the gentlemen resigned and that position was not filled, although he was funded for about three months. V/M Massaro asked whether all employees who are currently on board are funded for next year; and the City Manager said they are. C/1.1 Stelzer said a Contingency Fund had been set up to take care of any expenditures which were not anticipated. He said he is not pleased with the statement made by the City Attorney that the Building -Department made more money than was anticipated and thiss would offset the monies transferred to that department from the Contingency Fund. C/M Stelzer said he is wondering what would happen if funds were needed to cover an unexpected expenditure in the Finance Department or the City Manager's Offico, as both these departments have no revenue that would take care of a transfer. He said that is the reason a Contingency Fund was set up. Fie pointed out that the Charter permits the City Manager to request a transfer of funds,with Council's approval. C/M Stelzer stated that there were expenses involved in the Building Department in a greater amount than was provided in the budget; and he sees nothing wrong with the transfer of funds,as -req�xested- by the City Manager. He commented that it is not necessary to have income to provide for a transfer. C/M Stelzer MOVED to approve the transfer of funds, as outlined by the Deputy Finance Director in a memorandura to the Chief Building Official, from the Contingency Fund to the accounts indicated, in the total amount of $22,500.00 net. SECONDED by C/M Krantz. Tape VOTE- 5 ALL VOTED AYE V/M Massaro said she would state that in the future, a situation such as this should not be handled in the same manner. She feels that if a budget is set, the City must live within that budget, and if this cannot be done, an amendment must be presented to the City Council for approval. She said she is not finding fault with the situation discussed today, as she knows it could not be avoided, but she feels the procedure is wrong. C/M Stelzer said the only time funds should be transferred would be the last month of the fiscal year as that is the time it is known if the budget will be exceeded. -20- 9/19/83 /rb V/M Massaro said.it was known before the end of the year that the budget in the Building. Department would be exceeded. City Manager Stuurmans stated that the City had temporary employees in and out of those positions and there has not been anyone on board since about July. V/M Massaro said the matter should have been brought to Council at that time. C/M Stelzer said it was not yet known at that time if the budget would be exceeded as it is possible that a sum that was anticipated to be expended was not and therefore, there would be sufficient funds in the budget of the Building Department to cover the amount required. V/M Massaro commented that the computer system provides a run every month which shows the monies spent. C/M Stelzer said that run would relate to line items and not the complete department. C/M Kravitz stated that the normal procedure is that when a budget is submitted and passed, and later a change becomes necessary, it is brought before the governing body for an amendment to the budget. He said in the future, he feels this procedure should be followed. 19. Standards for Construction Trailers - Temp. Ord. #966 - Discussion and possible action. Second Reading (Publid. Hearing held 4/28/82). 7YNOPSIS OF ACTION: DENIED on Second and Final. Reading. Item to be -Dlaced on future agenda for codification )f Ord. 77-23 which was never codified. City Attorney Jon Henning read the Ordinance by title. V/M Massaro MOVED to Deny Temp. Ord. #966 and that an item be placed on a future agenda to codify Ordinance 77-23 which was never codified. V/M Massaro said she has been informed that the reason for originally proposing the new .Temp. Ord. 966 was to correct an oversight by the codifiers. Upon reviewing the proposed Ord. 966, it goes far beyond the City's current needs. Therefore, it is her suggestion that the City Council not approve Temp. Ord. 966 and instead, reconfirm Ord. 77-23 which waserroneously left out of the code book, and codify same at the proper time in accordance with the City Attorney's recommendation. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 22. Building Permit Fees - Temp. Reso. #2835 -- Discussion and possible action to delete fees required for painting. SYNOPSIS OF ACTION: Approved as Amended RESOLUTION NO. R-83-a PASSED on Second and Final Reading, changing the word "paintinq" to "repainting" and adding that - clubhouses are also included. City Attorney.Jon Henning read the Resolution by title C/M Stelzer said he had proposed this Resolution because it was brought to his attention that condominiums such as Lime Bay, who are desirous of painting the outside of the building at a cost in excess of $200,000.00, are required to pay fees amounting to $4,000.00. He said he has discussed this matter with Sam Stevens, the Chief Building Official by inquiring whether the City inspects painting jobs. He , was informed that inspections are not made as the City does not want the liability in the event the paint peels or is unsatisfactory in any way. C/M Stelzer said he,therefore, feels fees should not be required for painting. He stated this was discussed by Sam Stevens and the City Attorney and the result of that discussion was Resolution #2835. - -21- 9/19/83 /rb The City Attorney explained that this Resolution was proposed for repainting and he does not know whether Council wishes it to apply to original painting as the painting of original construction is included in the permit fees for that construction. C/M Krantz suggested that Line 10 of the Resolution be amended to read "repainting" instead of "painting". Mayor Falck asked whether the procedure would be the same for clubhouses that are being painted and C/M Stelzer said he feels clubhouses to be painted should not require a permit either. The Mayor concurred, but stated that he noticed a red tag on the Section 17 clubhouse which was being painted as a permit had not been applied for. V/M Massaro mentioned there is an Ordinance which states that a permit is required when a building is painted; but she does not feel this is necessary and the Mayor agreed. V/M Massaro MOVED to adopt Temp. Reso. #2835, as amended, changing the word "painting" to repainting" and adding that clubhouses are also included. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 23. Merger of Municipalities - Temp. Reso. #2832 - Discussion and possible action opposing any amendment of the Florida Statutes or enactment of any Special Act regarding merger of muni- cipalities. SYNOPSIS OF ACTION: APPROVED. �ouncil recommended Charter Board consider Charter Amendment to annexation procedures. RESOLUTION NO. R-83-- PASSED City Attorney Jon Henning read the Resolution by title. Mayor Falck stated that he discussed this matter as part of his re- sponsibility to the Legislative Committee of the Florida League of Cities. He said the research he has done indicates that a Resolution is being prepared which will be presented at the.next session of the legislature. Mayor Falck explained that basically what is being proposed is that the Florida Statutes be amended so that annexation can be easily accomplished by the larger cities. V/M Massaro stated that if that Resolution were passed, Tamarac would be in a bad position since the City requires that all annexation be by referendum, while the City is in the necessary process involved in a referendum, the areas under consideration will be taken away from Tamarac. V/M Massaro MOVED the adoption of Temp. Reso. #2832 opposing any amendment of the Florida Statutes or enactment of any Special Act regarding the merger of municipalities. SECONDED by C/M Krantz. C/M Stelzer inquired as to whether the Charter Board was notified to consider a Charter amendment to the annexation procedures. V/M Massaro replied that this has not been done; and Mayor Falck said he feels it should., C/M Stelzer asked what the procedure would be if the Charter Board puts through a referendum for an annexation; and V/M Massaro said ' that would be accomplished by Resolution. VOTE: ALL VOTED AYE 33. Fairways III - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for Certificates of Occupancy. SYNOPSIS OF ACTION: APPROVED for six months from 9/3 83. -22_ 9/19/83 /rb V/M Massaro MOVED to approve the renewal of the model sales permit and waiver of the 300-foot distance requirement for Certificates of Occupancy, for a period of six months from September 3, 1983, as all fees were paid in the total amount of $1,670.78. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 35. Heftler Homes - Bond Release - Temp. Reso. #2828 - Discussion .and possible action to release a warranty bond posted for sidewalks. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-PASSED City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED the adoption of Temp. Reso #2828 releasing the warranty bond Posted for sidewalks by Heftler Homes. SECONDED by C/M Krantz. C/M Stelzer asked about the broken slab on the sidewalk at Heftler Homes. V/M Massaro said this morning she asked the Engineering Department whether it had been corrected and Mr. Keating is present and will report on the condition of the sidewalk at this time. City Engineer Larry Keating said there is one piece of five foot broken slab at Heftler Homes and he has received a letter from them informing the City that this slab will be included in another sidewalk project that is outstanding. V/M Massaro asked whether there is any danger involved in connection with the broken slab. Mr. Keating said he specifically asked his field people to check for that, and it was found this not to be a dangerous condition since it is not a big hole and is smoothed out. VOTE: 43. Shaker Woods Villaae a) Approval of Water Site Plan #2. b) Acceptance of Bill collection system Reso. #2846. ALL VOTED AYE Discussion and possible action on: and Sewer Developers Agreement for of Sale for water distribution and sewage improvements for Site Plans #1 and #2. Temp. SYNOPSIS OF ACTION: a) TABLED to RESOLUTION NO. R-83- aV,F PASSED 9 2$ 83 meeting; City Manager to contact developer in an attempt to obtain fees. b) APPROVED. a) V/M Massaro said there are fees that are due the City for forty-two meters at $30.00 per meter, and she would MOVE that action to approve the Water and Sewer Developers Agreement for Site Plan #1 be TABLED to the meeting of September 28, 1983, and that the City Manager contact the developer in an attempt to obtain the fees. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED the approval of Temp. Reso. #2846 accepting the Bill of Sale for water distribution and sewage collection system improvements for Site Plans #1 and #2. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -23- 9/19/83 /rb 54. Southgate Gardens East - Mission Lakes - Discussion and possible action on release of warranty bond. SYNOPSIS OF ACTION: Agendized by Consent on Page 1. City Engineer authorized to call bond if remedial work not completed or extension of Letter of Credit not submitted by 9/21/83,to include $2,844.00, raising the total of the bond to $6,344.00. V/M Massaro MOVED that notification be given to Toll Development Corp. that if remedial repairs have not been completed or an extension of the Letter of Credit not submitted by September 21, 1983, to include $2,844.00, raising the bond to $6,344.00, the City Engineer is authorized to call the bond. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 55. Aquatic Plant Control State Fundin Program - Discussion and possible action to adopt the State Aquatic Plant Control Agreement for the period October 1, 1983 to September 30, 1984. SYNOPSIS OF ACTION: Agendized by Consent on Page 2. APPROVED. City Manager Laura Stuurmans said copies were sent to Council of the State Aquatic Plant Control Funding Program contract proposal for next year, which is preliminary to the tubsequent formal agreement which will be sent to the City. The proposal must reach the State office by. October 1, and she would ask for Council's approval of the document. V/M Massaro MOVED the adoption of the State Aquatic Plant Control Funding Program Agreement for the period October 1, 1983 to September 30, 1984. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 56. City Ambulance Service for the Residents of Tamarac - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2. Staff authorized to prepare County application for two ambulances. Mayor authorized to appoint Feasibility Committee to study the project. C/M Krantz stated that for some time the City has been considering the adoption of an ambulance service. A proposal had been submitted to Council in April by the City Manager and the Fire Chief, and additional information was furnished on July 1, 1983 when budgets were submitted for Fiscal Year 1983/84. C/M Krantz said that in addition, a presentation was made to Council last Friday which clearly showed that a City owned and operated ambulance service in Tamarac is feasible; and he would recommend approval by Council of the concept plan for the service. C/M Krantz MOVED that Council approve the concept plan of the City ambulance service and authorize staff to prepare the necessary County application for certificates that are required for two ambulances, as well as to develop a draft of the Ordinance for operating procedures; and after those steps have been completed, staff. take action to acquire the equipment to initia -�e the program. -24- 9/19/83 /rb C/M Stelzer said he has no objection to the suggestions made by C/M Krantz, but he feels a feasibility study should be pre- pared before the recommended procedure moves forward. He pointed out that Council has heard only the positive aspects of a City ambulance service as well as a few negative aspects submitted by the Community Ambulance Service. He said it is his understanding that V/M Massaro and C/M Kravitz have information about other ambulance services which do not work well and he is wondering whether Council should hear about those plans. C/M Krantz explained that his Motion was to approve only a concept plan for the service and to submit application to the County. C/M Stelzer said he would have no objection to that as. the City would not have to act upon the applications. City Manager Laura Stuurmans said that C/M Krantz' Motion also covered authorization. to staff to prepare the Ordinance which would regulate the service; and that would be the final internal step prior to moving forward. Mayor Falck explained that the Motion relates to the procedures that will be followed once the concept plan is approved. C/M Krantz said before the Council recess, he sent a memorandum to Council enclosing a copy of a letter received from the Presidents Council which endorses the concept of an ambulance service. In addition, the City Manager sent a memorandum to Council on April 29,1983 endorsing the concept of the ambulance service and recommending it be included in the Capital Improvement Program. C/M Kravitz said he is not opposed to a City ambulance service, but feels before a vote is taken and definite steps proceed, a feasibility study should be prepared. Fie mentioned that a vote is not necessary to prepare papers to file a Letter of Necessity with the County. He said he would ask the maker of the Motion to request the preparation of a feasibility study, and when that is completed, a formal vote be taken. City Manager Stuurmans said the administrative staff would not process a Certificate through the County without approval of Council since that would indicate the procedure is being handled only administratively. She mentioned that the County is aware of Tamarac's plan to implement an ambulance service. C/M Krantz explained that by approving the concept plan, Council would not be making a commitment. C/M Stelzer stated that Council is not yet aware of the objections to a City ambulance service. He suggested the procedure to follow be that a feasibility study be prepared, after which Council can decide whether to accept the concept plan. If the plan is approved by Council, at that time the Ordinance can be prepared. C/M Krantz said he would go along with that procedure and will accordingly Amend his Motion to state that Council authorize staff to proceed with the applications and the Mayor appoint a Feasibility Committee to study the project. C/M Stelzer SECONDED the Motion. Vickie Beach, resident, said she is concerned about whether an application to the County would be binding; and Mayor Falck said it would not. -25- 9/19/83 /rb Mayor Falck said he would like to review the information mentioned relating to other plans. C/M Stelzer pointed out that this would be covered in the feasibility study. Mayor Falck said there was a workshop held last week and it was his understanding that Council would receive copies of the papers indicating the disadvantages of a city ambulance service. C/M Kravitz said his copy of the information mentioned has been turned over to Fire Chief Simons upon his request; and when it is returned, he will submit it to members of the Feasibility Committee and that information will be included in the report to Council. C/M Krantz said C/M Kravitz is referring to the report from Ramapo, which in his opinion bolsters the City's position that an ambulance service is needed. He mentioned that the Report only approves an ambulance service for the City of Ramapo and definesthe boundaries. C/M Krantz suggested that Council read that report thoroughly. C/M Stelzer asked whether the City of Ramapo has a volunteer Fire Department and C/M Krantz said it does. C/M Krantz commented that the Ramapo report referred to is not an in-depth study and has no relevancy to the City of Tamarac's proposed service. Mayor Falck commented that the State of Maryland has only volunteer fire departments, with the exception of the City of Baltimore; and all those Cities have ambulance services which are successful operations. V/M Massaro said there is departments and paid fire she feels it important to VOTE: 48. City Council Reports C/M Krantz - No Report a big difference between volunteer fire departments, and that is one of the reasons have the feasibility study prepared. ALL VOTED AYE C/M Kravitz reported that the Welcominq Committee has invited the new residents of Tamarac to a mini -luncheon to be held on Wednesdav, September 28, 1983 and Council will join them. The place for the luncheon will be set by the Mayor. C/M Kravitz reported that he sent a memorandum to the Mayor, the Council and other staff members of the City concerning United Nations Day on October 24, 1983. He does not know yet whether Council will attend the function but he has received notification from many dignitaries and they will be attending, He asked that Council let him know if they will attend so he can make the necessary preparations. In addition, C/M Kravitz reported that complaints have been received from the residents of Tamarac concerning the canals and drainage. At the time those complaints were received, the citizens did not know that the work was given to a private company and this is now being taken care of. One of the complaints received was from Woodlands as they are experiencing flooding and C/M Kravitz said this problem will be looked into by the City Manager. Tape C/M Kravitz said that for the past three or four days, the traffic 6 lights have not been lit on Commercial Boulevard between Banyan Lane and Woodlands Boulevard and this too will be investigated by the City Manager. -26- 9/19/83 /rb C/M Stelzer reported that he t•Ti11 take on the project relating to Proposition #1, and will report to Council on his findings. C/M Stelzer inquired whether any of the Council members knows the cost of roadway reflectors. He pointed out that there is a stretch of roadway on Commercial Boulevard where there are no traffic Lights, and reflectors would outline the curve of the road no matter how dark it would be. He stated that if these reflectors are not too expensive, he thinks they should be in- stalled on some of the streets which turn left into dark streets. Mayor Falck suggested the City Manager research this project. City Manager Stuurmans stated that if the reflectors are installed, a request would have to be made by the City to the County in view of the County Engineering Agreement. She mentioned that the cost of the reflectors described by C/M Stelzer is minimal. V/M Massaro reported that she has been attempting to obtain assistance in connection with the two traffic lights that are to be installed by Montwood Corporation; and progress is being made. V/M Massaro reported that when the sidewalk is installed at Southgate Boulevard, it will also serve as a bike path. She said since the bike path will not materialize along University Drive, it would be appropriate for the City Attorney to prepare an Ordinance regarding easements; and in addition, the Ordinance pertaining to sub -division improvements should be amended so that anyone building on the west side of University Drive would have to install an eight foot sidewalk instead of a five foot sidewalk, to provide for a bike path. 50. City Attornev Report City Attorney Jon Henning reported Council outlining the six proposals the Charter RoarH meeting tomorrow seventh and eighth proposals. 49. City Manager Report that he sent a memorandum to that will be discussed at niaht, as well as possible City Manager Stuurmans reported that she received a memorandum from V/M Massaro dated September 16, 1983 concerning the possibility of installing a bike path on N.W. 57 Street. She pointed out that this project goes back to 1976 and at that the opinion'was. that when Commercial Boulevard is completed, a bike path would be an interesting concept. She said V/M Massaro has received communications from residents who would like Council to approve this concept; and staff will check into it and submit figures at a later date. 48. City Council Reports Mayor Falck reported that there is $32,000.00 due the City loss account on Workers Compensation and it is important for the City to obtain those funds since they will affect the finalizing of the losses for last year. He said he met with representatives of the carrier and the State who handle the reimbursement; and he has been assured the $32,000.00 will be forthcoming before October 1. THE MEETING WAS ADJOURNED AT 3:00 P.M. YO . ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $151.12 or $4.19 per copy to inform the general public and public officers and employees about recent opinions and cinsiderations by the Council of the City of Tamarac. CITY OF TAMAR C APPROVED AT MEETING OF