HomeMy WebLinkAbout1985-09-30 - City Commission Reconvened Regular Meeting Minutes- It
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P.D. BOX 25010
TAMARAC, F LORIDA 33320
REVISED 9/30/85
September 27, 1985
NOTICE OF
RECONVENED CITY COUNCIL MEETING
There will be a Reconvened City Council meeting on Monday,
September 30, 1985 at 9:30 A.M. in the Council Chambers of
City Hall, 5811 NW 88 Avenue, Tamarac, Florida.
The items remaining from the Council Agenda of September 26,
1985 to be considered are as follows:
8. Tamarac Park Recreation Buildinq - Report
by Chief Building Official. Discussion and
possible action.
9. Municipal Com lex -
action on:
a) Authorization to
as a loan against
proceeds instead
Fund
Discussion and possible
charge architectural expenses
the General Obligation Bond
of charges to the General
b) Approval of working drawings
12. Lot Clearing Fees - Tem . Reso. #3782 -
Discussion and possible action to amend the
rates being charged for clearing of vacant lots
by City personnel in accordance with Section
11-13 of the Code.
20. University Community_ Hospital - Rezoning
Petition #17-Z-85 - Tem Ord. #1220 - Dis-
cussion and possible action to rezone lands at the
rear of the Hospital property, extending approx-
imately 336.7-feet west of the west property line
of the Hospital, from R--4A (Planned Apartments) to
B-6 (Business District), utilizing the 5% flex-
ibility rule for commercial development in
residential land use area not to exceed 10 acres.
Second Reading.
a) Acceptance of Affidavit of Publication and
Affidavit of Posting.
b) Consideration of application
(Public Hearing was held 9/26/85)
33. University Community Hospital - Tem Reso,
#3769 -- Discussion and possible action on a
Declaration of Unity of Title.
24. Tamarac Utilities West - Tem Reso. #3765 -
Discussion and possible action to establish and
modify certain water and sewer service rates and
charges applicable to customers west of State
Road 7.
PAGE TWO
9/30/85
27. City Attorney Professional Services - Discussion
and possible action to approve payment of the
following invoices from Alan F. Ruf:
a) Invoice in the amount of $873.75 for City
Prosecution services
b) Invoice in the amount of $3,222.00 for
Consulting Attorney services If
49. Sewer Use Procedures and Charges - Temp. Ord.
#1216 -- Discussion and possible action to amend
Chapter 27 of the Code pertaining to rates and
charges, service, billing, new development and
wastewater discharge standards. First Reading.
This Ordinance is necessary in order to receive
Water Pollution Control Construction grants from
the U.S. Environmental Protection Agency and the
Florida Department of Environmental Regulation.
The City Council may consider and act upon such other bus-
iness as may come before it.
The public is invited to attend.
Carol E. Barbuto
Assistant City Clerk
PUBLIC HEARING
There will be a Public Hearing held on the Budget tonight at
6:00 P.M. in Council Chambers of City Hall.
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 sa,tc4j meeting or
hearing, he will need a record of the pi, mac irig, anti fc: r s;arh
purpose, he may ne,_.,(i to ensaire tl,It a vC^rba#i;zi ,ec,rd sslcls:l s
the testimony and eria ence upt)c•a wN- t;h j-lje appeal is to be. based.
P]
CITY OF TAMARAC, FLORIDA
Ll
LJ
RECONVENED CITY COUNCIL MEETING
September 30, 1985
(from 9/26/85)
Tape 1 CALL TO ORDER: Mayor Kravitz called the meeting to order at
9:30 A.M. on Monday, September 30, 1985 in the Council Chambers.
ROLL CALL: PRESENT:
ALSO PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
Larry Perretti, Acting City Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE - Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
COMMUNITY DEVELOPMENT
54. Special Ex
Restaurant
Restaurant
action.
aeon Trans
r and
to Andreas Athanaso oulos d b a Andreas Famous
- Temp. Reso. #3741 - Discussion and possible
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 4)
k
V/M Massaro MOVED to Agendize by Consent discussion and possible
action on this item, SECONDED by C/M Gotteman.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
55. Authorization for Filing of Counter Claims against
Steve Wood former Finance Director - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 8 & 9)
V/M Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE FINANCIAL
8. Tamarac Park Recreation Buildin - Report by Chief Building
Official. Discussion and possible action.
SYNOPSIS OF ACTION: The Chief
Building Official gave a report.
Bob Jahn, Chief Building official, said his report concerns the
prices for the asphalt shingles for the roof. He said he received
two of the three quotes, -which are:
1. Inc.
611,
2. 4,92-6 (i0 -'R.& R (Reno Roofing)
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Mayor Kravitz asked if Mr. Jahn had a recommendation and Mr. Jahn
said legally he must wait for the third quote before he can make a
recommendation.
V/M Massaro suggested Mr. Jahn determine the responsibility of the
people giving the quotes to avoid any problems. Mr. Jahn said
both of these contractors have been used previously with no
complaints.
9. Municipal -.Complex - Discussion and possible action on:
a) Authorization to charge architectural expenses as a loan
against the General Obligation Bond proceeds instead of
charges to the General Fund
b) Approval of working drawings
SYNOPSIS OF ACTION:
a) The Finance Director was authorized
to charge the architectural expenses,
excluding the working drawings, as a
loan against the general obligation
bonds.
b) The working drawings are not acceptable
in the present form.
C/M Stein said Touche Ross has cautioned the City that two sets of
plans cannot be charged against the bonds. He asked if there is
anything wrong with charging the entire amount of $300,000 against
the bonds and, if and when new plans are ordered, that could then
be taken from the General Fund.
Frank Etheredge, Finance Director, said as long as no decision is
made concerning the plans, this could be done. V/M Massaro said
the balance is already charged against the bond issue. C/M Stein
said since it is possible that the City will not proceed with the
Municipal Complex at this time, it would be more honest to charge
the entire $300,000 against the bond issue. V/M Massaro said she
does not think that would be honest because the working drawings
are not good and she would rather not leave the impression that
they are acceptable. She said it should first be determined
whether the plans and working drawings are acceptable or not.
Mr. Henning said the b) item concerns approval of the working
drawings and, if that were Tabled with no comment, C/M Stein's
reasoning would prevail. He said if there is discussion and a
general disagreement that the plans as they are now are unaccept-
able, then there is an indication that there will be an additional
expenditure. He said Council could also reject the working
drawings.
Mr. Etheredge noted that whatever action Council takes will not
affect the tax rate because, if the building is not planned for a
year, the bonds will not be issued for a year; therefore, the
money will not be given back. C/M Stein said if the $300,000
amount is shown as a loan there should be $300,000 less to make
up. He said if it is shown as an expenditure then that money must
be gotten to pay for it. Mr. Etheredge said the money has already
been spent. I.
Mr. Henning said assuming there is a loan of $300,000, that money
will be paid back eventually and, when it is paid back, he asked
where that money will go. Mr. Etheredge said the money would go
back to the General Fund and be part of the Surplus Account.
Mr. Henning said whenever it is received it will follow over to
the next year to help reduce taxes the year after it is received
and Mr. Etheredge said that is correct.
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C/M Munitz said
this total of $300,000 has
been charged against
the General Fund
and Mr. Etheredge said it
has in this year's
budget. He said
if it were not charged in
this year's budget it
would leave that
much more of a reserve.
Mr. Etheredge said he
would have more
of a reserve but it could
not be spent this next
year since it would
be tied up in Long -Term
Receivables. He said
if the $300,000
was appropriated for use,
he would have to go to
another fund and
borrow the money for the
General Fund.
C/M Gottesman said this $300,000 has already been spent and what
has been suggested is that it be held as a loan and not pay it in
1985/86 but worry about it next year if the City proceeds with the
bonds. He said at that time, the money would be taken from the
bonds to repay this loan. V/M Massaro said that is not what is
being suggested. V/M Massaro said she objects to anything being
done that is not being defined now.
Mayor Kravitz asked Mr. Etheredge if there are any funds that have
the kind of money that can be used for this and Mr. Etheredge said
if it is just a short term such as one year, it could be borrowed
from the Utilities Fund. Mayor Kravitz asked if there is a
Reserve Account that can be used and Mr. Etheredge said he might
be able to borrow from the Parks and Recreation Fund.
Mayor Kravitz said if the working drawings are approved, they
could be an asset value that could be replenished.
V/M Massaro said the working drawings have been reviewed at a
Workshop Meeting and she MOVED that the working drawings are not
acceptable in their present form. She said that would have no
effect on the other items that were approved up to the working
drawings. She said those portions are on hold until a final
determination can be made with the architects as to what is due
the City, the architects, etc. SECONDED by C/M Stein.
Vickie Beech, resident, asked in the event time prevents Council
from proceeding with the Municipal Complex, by charging the
expense to the General Obligation Bonds, would not that force the
City to issue the bonds even though the City may not want to.
Mayor Kravitz said no; when and if the bonds are issued, at that
time it could be put back in the receivables.
C/M Munitz asked if the MOTION is rejecting the working drawings
in their entirety and Mayor Kravitz said the City Attorney must
determine the particulars. Mr. Henning said the City has been
carrying an invoice for several months from the architects which
is the final payment for the working drawings. He said obviously,
that payment will be made only if the drawings are acceptable in
their final form. He said Council is not ignoring the invoice and
he will work with the architects to work out the arrangements.
Mr. Etheredge said by this action, he is advised that Council
wants the amount carried forward to be $162,000 and not $300,000.
VOTE: ALL VOTED AYE
V/M Massaro MOVED that the Finance Director be authorized to
charge the architectural expenses, excluding the working drawings,
as a loan against the General Obligation Bond, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
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COMMUNITY DEVELOPMENT
54. Special Exception Transfer for Beer and wine from Boardwalk
Restaurant to Andreas Athanaso oulos d b a Andre's Famous
Restaurant - Temp. Reso. #3741 - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 1
APPROVED. RESOLUTION NO. R-85-300 PASSED.
Mayor Kravitz read Temp. Reso #3741 by title.
C/M Gottesman asked the applicant if he is aware of the hours of
operation and Mr. Athanasopoulos said his restaurant will be
closed at 9:00 P.M.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #3741, SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
20. University -Community -Hospital -- Rezoning -Petition
#17--Z-85 - Temp. Ord. #1220 - Discussion and possible action
to rezone lands at the rear of the Hospital property,
extending approximately 336.7-feet west of the west property
line of the Hospital, from R-4A (Planned Apartments) to B--6
(Business District), utilizing the 5% flexibility rule for
commercial development in residential land use area not to
exceed 10 acres. Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application
(Public Hearing held 9/26/85)
SYNOPSIS OF ACTION: TABLED
until all appropriate materials
have been delivered to the City and
examined by the City Attorney.
Mr. Henning said Temp. Ord. #,1220 was read by title into the
record at the 9/26/85 Council meeting and the City has requested a
Deed Restriction regarding the parking use. He said it is his
recommendation that the item be Tabled to the next regular Council
meeting so that Mr. Ruf can meet with the Hospital's attorney.
V/M Massaro MOVED to TABLE this item until all the appropriate
materials have been delivered to the City and examined by the City
Attorney. SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
33. University Community Hospital - Temp.-Reso. #3769 -
Discussion and possible action on a Declaration of Unity of
Title.
SYNOPSIS OF ACTION: TABLED
until all appropriate materials
have been delivered to the City and
examined by the City Attorney.
Mr. Henning said the Declaration of Unity
received by the City and appears to be in
relates to Item 20, he suggested this item
of Title has been
order; however, since it
be Tabled as well.
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V/M Massaro MOVED to
materials have been
Attorney. SECONDED
VOTE:
UTILITIES WEST
TABLE this item until all appropriate
delivered to the City and examined by the City
by C/M Munitz.
ALL VOTED AYE
24. Tamarac_iltilities West -- Temp. Reso. #3765 - Discussion and
possible action to establish and modify certain water and
sewer service rates and charges applicable to customers west
of State Road 7.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-299 PASSED.
as amended.
Mr. Henning read Temp_. Reso. #3765 by title.
Mr. Henning said there was a subsection added to the Resolution
recently which has the user rates unchanged for the east side of
the City. He said the language which has been added concerns some
of the requirements and specifications. He referred to the new
Page 2, "K - Reimbursement for Extra Expenses"; in the old draft,
this was $10.00 for a normal hour and $20.00 for an overtime hour.
He said the Utility Department is proposing that there be a rate
schedule, which is the bottom half of the new Page 2. He said
this is a more explicit charging of the various hourly rates
depending on the equipment used and the expertise of the employee
that is needed. He said that is the only amendment that is in the
revision dated 9/27/85.
V/M Massaro referred to Page 1, "D -- Commercial Water Rates" and
she questioned why a 3-inch meter would be $1,703.00 per month and
a 6-inch meter would only be $86.00. Bill Greenwood, Utilities
Director/City Engineer, said the only 3-inch meter within the City
presently is at University Hospital and the basic charge is based
upon historical data and demand upon the system. He said the
existing 6-inch meters within the City are for fire protection and
there is a separate charge for fire protection only.
Mr. Henning suggested the following language be added on Line 24,
after "6-inch meter", "(non -consumption - fire protection only)".
Tape 2 He asked Mr. Greenwood if it would be standard to have a sewer
charge as well as the fire protection charge for these meters and
Mr. Greenwood said yes, for any consumption involved even though
the water will be going back into the sewer.
Mr. Henning said the same language addition of "(non -consumption --
fire protection only)" should be added to Line 26 of the old Page
2.
V/M Massaro MOVED APPROVAL of Temp. Reso. #3765 as amended.
SECONDED by C/M Gottesman.
Bruce Hoffman, resident, asked if the rates are being established
based on the budget that was presented at the last public hearing
and Mayor Kravitz said no. Frank Etheredge, Finance Director,
said these rates were developed through the James M. Montgomery
engineering study which anticipates this year's operations.
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Mr. Etheredge said the major reasons for the increase are the debt
service coverage and the new projects being budgeted for the
coming year.
Mr. Hoffman suggested approval of this Resolution be held for the
Public Hearing scheduled for tonight.
VOTE :
C/M Stein Nay
C/M Munitz Nay
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
LEGAL AFFAIRS
27. C t7 Attorne Professional Services - Discussion and possible
action to approve payment of the fo
F. Ruf: llowing invoices from Alan
a) Invoice in the amount of $873.75 for City Prosecution
Services
b) Invoice in the amount of $3,222.00 for Consulting Attorney
services
SYNOPSIS OF ACTION: APPROVED
both invoices providing the
amounts are broken down into
Proper accounts.
Mr. Henning said this was discussed at the 9/26/85 Council meeting
and approved. Carol Barbuto, Assistant City Clerk, said there
were 3 bills included on the Council agenda of 9/26/$5; however,
only 1 bill was approved.
V/M Massaro said she had approved the 1 invoice on 9/26/85 by
mentioning only the 1 check request number and she MOVED APPROVAL
of both invoices in the amounts of $873.75 and $3,222.00 respec-
tively. SECONDED by C/M Gottesman.
Mrs. Barbuto brought to Council's attention that the invoice in
the amount of $3,222.00 has not been broken down completely and
V/M Massaro requested the SECOND allow amendment of the MOTION to
only pay the invoice in the amount of $873.75, holding the invoice
for $3,222.00 until such time as the Finance Department breaks
this down into line items. C/M Gottesman, as the SECOND, APPROVED
the Amendment to the MOTION.
Mayor Kravitz asked Mr. Etheredge if items can be approved to go
into the budget ending 9/30/85 and Mr. Etheredge said he can still
Put this into the budget.
V/M Massaro said her original MOTION would then stand to APPROVE
both invoices and C/M Gottesman agreed as the SECOND.
VOTE;
ALL VOTED AYE
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UTILITIES
49. Sewer Use Procedures and Char es - Temp. Ord. #1216 - Dis-
cussion and possible action to amend Chapter 21 of the Code
pertaining to rates and charges, service, billing, new
development and wastewater discharge standards. First
Reading. This Ordinance is necessary in order to receive Water
Pollution Control Construction grants from the U.S. Environ-
mental Protection Agency and the Florida Department of
Environmental Regulation.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Mr. Henning read Temp. Ord. #1216 by title.
Mr. Henning said this concerns regulations required by the
Government agencies because of the grant applications. He said
this does not relate to dollar figures of rates but gives certain
requirements as to what can go into the sewer system and basic
rules.
V/M Massaro asked Mr. Greenwood what this means to the City and
Mr. Greenwood said this is classified by the State as a "Sewer Use
Ordinance" which stipulates what can be placed into the sanitary
sewer. He said there is little effect on residential homes and
the Government is mainly interested in having the City charge for
a commercial or industrial establishment's strong waste materials.
He said there are provisions to prohibit industrial customers from
depositing heavy metals and other toxic substances such as
insecticides, herbicides and pesticides into the sanitary sewer
system.
V/M Massaro asked how this is monitored and Mr. Greenwood said the
permit provisions required by the State Government for industrial
customers now require analysis and the Utility would have to
monitor these customers. He said instead of an industrial
customer connecting into a sewer as a residential customer would
by a connection into the main line, they are required to connect
into a monitoring manhole where an automatic sampler can be placed
to take samples on a 24-hour basis. He said at present, Tamarac
does not have any strong industrial customers within the system.
V/M Massaro MOVED APPROVAL of Temp. Ord. #1216 on first reading,
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE FINANCIAL
12. Lot_Clearina Felts - Tem Reso. #37 2 - Discussion and
possible action to amend the rates being charged for clearing
of vacant lots by City personnel in accordance with Section
11-13 of the Code.
SYNOPSIS OF ACTION: (See Pages 8 & 9)
HELD for later in the day.
Mr. Henning read Temp. Reso. #3782 by title.
Mr. Henning said he was asked to make a revision to Line 20, as a
revision to the mowing charges.
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Mr' Henning said the rate schedule for
acreage size rather than an hourly mowing
by Public y charge g is based on the
Works and other staff membersge toa�s a
for that work. Proposal
actual cost to the City there has been an itemization�of 00 phe hour
charge plus the Y of approximately $75.40 per
notices costs of administration P hour labor
Per hour with He said the language Postage for mailing
increments thereafherashallnb�umaandstates, "A flat rate of
half hour $95.00
by City employees. Said chargescharged for all mowing and material,
clearing
machinery and administrative otshll include labor, material,
Mr. Henning said there are t wo and one for clearing. He said theclearinrate gan hourly rate as indicated. one for mowing
when the Cit He said the g charge will stand as
and this y cites a propertymowing charge is
would be a $95.00 owner for mowing an unsightly lot
given
e previously read would replaceer oLinesur arge" He said the language
Reso. #3782. 20 through 25 on Temp
C/M Gottesman suggested
the title ma the Resold removing
and the words
C/M Stein concurred.
from
V/M Massaro said in some cases there is mowing
in those cases, there will be equipment chargs. Sand heesu suggested
and,
for later in the day. ggested
LEGAL AFFAIRS
55. Authorization for Fi1in
Steve Wood former FinancefDlosssr Claims a
action. ainst
Discussion and possible
SYNOPSIS OF ACTION; Agendized b
Alan RUf, Consultant Attorney, Consent on page 1
was authorized to file counter clai
against Steve Wood. claims
v/olatisaro said
appropriate action should be
Consultant against
e City Charter and she MOVED kthat Alan en nRuf,
the
action to fiitycoAttorney, should be authorized to take appropriate
Director. SECONDED b ims against Steve Wood Financ
Y C/M Gottesman. ' former Finance
C/M Munitz asked if
counter claim Mr. Ruf has recommended the City Presentation band V MbMassaro said no, s file a
Y Mr. Ruf concerning tMunitz suggested a
Vickie Beech g his.
employees are residsnt,faskeduif a
release n obtained when City
times when a release is negotiatednand rthere nar
action is taken regardless of a g said there are
not receive a release. a times when
a settlement oreneeastiat°�nMr" Wood because the the City did
some negotiation which was not acceptable.
Mr. sold_ City did not have
He said there was
Ed Solomon, resident, asked if the
City attempted to get a
release from Mr. Wood
an agreement was not reachedand , Henning said
what he accrued in vacation leave it was attempted but
He said Mr. Woad only received and
amount, did not
receive a reverence
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11
Mayor Kravitz asked if Mr. Wood received 4 weeks severence pay,
would that be equivalent to a release and Mr. Henning said no, a
release is a document the person signs. He said if severence pay
is given it is done at the discretion of the City Manager.
C/M Munitz suggested this item be Tabled for a presentation by
Alan Ruf. Mayor Kravitz noted that there was already a MOTION
and a SECOND on the floor.
VOTE:
C/M Stein Aye
C/M Munitz Nay
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
Mr. Perretti said he checked with the Finance Department and
Mr. Wood received only his vacation and salary due him with no
severence pay.
GENERAL ADMINISTRATIVE FINANCIAL
12. Lot Clearin Fees - in--t�
782-Discussion and
possibleaction to aates being charged for clearing
of vacant lots by City personnel in accordance with Section
11-13 of the Code.
SYNOPSIS OF ACTION: (See Pages 7 & 9)
APPROVED as amended. RESOLUTION NO. R-85-298 PASSED.
C/M Gottesman MOVED APPROVAL of Temp. Reso. 13782 with the
following amendments:
Page 2, Lines 17, 18 and 19 replace Lines 20 through 25 of
the original Resolution.
V/M Massaro SECONDED the MOTION.
Jack Stelzer, resident, asked if the City will be locked into the
amount of $95.00 per hour even if outside companies are used for
the mowing of lots. V/M Massaro said the $95.00 amount is for
City employees only because they will be working overtime. She
said the City is not looking for this work and if it must be
done, the property owner will have to pay time and a half to the
City employees involved.
Mr. Stelzer asked how many people will work for $95.00 per hour
and V/M Massaro said as many as can be put on the project.
Mr. Henning said that amount is for a full crew except an
additional charge if the hydro -vac or jet -vac are needed.
VOTE: ALL VOTED AYE
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Mayor Kravitz adjourned the meeting at 11:05 A.M.
MAYOR
ATZEST:
I T Y CLERK -- _
This public document was promulgated at a cost of $94.81 or
$2.63 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.
CITY OF TAMARAC
A VED ATM TING Of 4-5-
City Cler
L�
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