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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-018Temp. Reso # 8863 -December 13, 1999 Page 1 CITY OF TAMARAC RESOLUTION NO. R-2000- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, DENYING A REQUEST FROM ST. MALACHY CATHOLIC CHURCH TO WAIVE ALL PERMIT FEES FOR THEIR CARNIVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building Department has received a request from St. Malachy Catholic Church to waive all permit fees for their carnival (attached as Exhibit A); and WHEREAS, St. Malachy Church is a non-profit organization and requests waiver of all permit fees; and WHEREAS, the Assistant City Manager, the Community Development Interim Director, the Fire Chief and the Building Official all recommend denial of the request to waive all permit fees; and WHEREAS, the request from St. Malachy Catholic Church to waive all permit fees is attached hereto as Exhibit A; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and resident of the City of Tamarac to deny this request for waiver of all permit fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: That the request for waiver of all permit fees, attached hereto as Exhibit A, is HEREBY DENIED. Temp. Reso # 8863 -December 13, 1999 Page 2 Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this JQL day of , 2000. ATTES . CARO OLD CITY nERK to CERTIFY thatlI have his ResolutiorX as MITCHELL�KF CITY ATTORN • w • UOYOV RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTAN' DIST 4: COMM. ROBERTS 11/10/99 12:22 FAX 19547242453 CITY OF T MARaC Z 002 954 126 082 P. ®6 NOV-1e-99 WED 12:32 PM ST ItiAj_AcwY CHURCH Ak.'o.t ST. NA1.ACHY CATHOi1C CHURCH 6200 JOHN HOMAN TIRRACQ TAMwaaO, F4 16-12 33321 PHONE 72�7237 November 9, 1999 City of Tamarac Building Dept. P_O. Box 209000 Tamarac, Fl. 33320-9000 To Whom It May Concem: We would like to request that you waive all permit and licensing fees for our up -coming carnival, as you have done for us in. the past. We will behaving our carnival November 11- 141" . Think you for your assistance Li this matter. If you need any other information or .need to speak with me, please call me at 722­0 520. Since -rely, Matt Lyons Plant Manager ML/me C� n ua ua � C:) e4 O _= 4 � CA[1�1' 4 • I* 10 I* 11/10/99 12:22 FAX 19547242453 _ CIT'i OF TAMARAC xh,ti,,f r 10001 + ► Fax Tot Rosemary FAX: 724--1383 Phones Re: ST. MALACHY FEE tiIAIVER R p Urgent ❑ For Review .G*mmenta: From: JUDY YACOBBLLIS, CLO,CC4 pate: 11 /1 0/99 Pages: 2 CCt In Please Comment © Please RePly ❑ Please Recycle Rosemary, Please add this to the St. Malachy Carnival file and let Paul know about their fee waiver request. Thank you- ,Tudy �yo TAM4Q CITY OF TAMARAC v �n BUILDING DEPARTMENT • - INSPECTION AND PERMIT PROCEDURES +° FOR CARNIVAL RIDES 1. SITE PLAN LAYOUT OF CARNIVAL AREA, SHOWING: A) LOCATION OF EACH RIDE B) DESCRIPTION OF EACH RIDE C) DISTANCE THE RIDE IS FROM A PERMANENT STRUCTURE D) DISTANCE BETWEEN EACH RIDE E) 20' FIRE LANE TO PROVIDE ACCESS THROUGHOUT 2. CURRENT MAINTENANCE LOG FOR EACH RIDE 3. CONTRACT WITH A LICENSED ELECTRICAL CONTRACTOR WHO SHALL APPLY FOR AND OBTAIN AN ELECTRICAL PERMIT TO PERFORM THE FOLLOWING: A) ELECTRICAL CONTRACTOR TO INSPECT, REPAIR AND CERTIFY EACH 0 RIDE PRIOR TO CALLING THE BUILDING DEPARTMENT FOR FINAL INSPECTION AND APPROVAL B) CONTRACTOR TO BE PRESENT DURING THE BUILDING DEPARTMENT INSPECTION C) ELECTRICAL CONTRACTOR TO HAVE A STANDBY ELECTRICIAN FOR THE DURATION OF THE EVENT D) ANY EQUIPMENT THAT DOES NOT MEET THE MINIMUM STANDARDS FOR SAFETY SHALL BE SHUT DOWN AND PLACED OUT OF SERVICE UNTIL THE NECESSARY REPAIRS ARE MADE 4. FIRE INSPECTION A) SPRINKLER SYSTEM WORKING ON RIDES B) FIRE EXTINGUISHERS, PASSED, IN SERVICE, EVERY 50' U/DRIVE/SANDYB/FRONT DESK/CARNIVAL RIDE PROCEDURES 4-8-99.xls Revised 4/8/98 CITY OF TAMARAC INTEROFFICE MEMORANDUM 9911-09 BUILDING TO: Tim Hemstreet, Assistant City DATE: November 19, 1999 Manager FROM: Paul A. Gioia, Building Department RE: St Malachy's Carnival Director Recommendation: The recommendation of the Building Department is not to waive the permit fees for the St Malachy's Carnival as the work involved is quite extensive and the cost to the city would be approximately $ 685.00. Issue: Request from St. Malachy's Catholic Church to waive permit fees for their annual carnival. Background: Two weeks prior to St. Malachy's having their carnival Mr. Matt Lyons was given our "carnival procedure" (see attached) when they applied for their occupational license. During the last few days, just before the carnival, and after numerous phone calls, some of the required documents were sent in, however, some critical data was still missing. ome of the problems we encountered this carnival: Survey is hand drawn, not to scale No dimensions Spacing of rides not indicated Spacing of buildings not shown Spacing between rides and buildings not shown Emergency lanes not shown Electrical permit not applied for The Building Department can handle any problem arising from the complexities of putting on a carnival if we get the cooperation from the applicant. I feel the City should meet with Mr. Lyons to discuss solutions to the problems were encountered this and past years. Structural Paul Review survey w/Hildabrand's 1-1/2 hours Rick Plan Review & other 1 hour Claudio Inspection 2 hours Claudio Pick up State tickets (bring to Commission Mtg 2 hours Electrical Dave Inspection/Plan review + 3hrs Veteran's Day 6 hours Plumbing Fred Inspection/Plan review 1 hour Permit Staff Customer Service 3 hours TOTAL................................................................... ....... ... 16.6 hours PAJL A. GIOIA SPAG/rf • �J I* CITY OF TAMARAC INTEROFFICE MEMORANDUM FIRE DEPARTMENT TO: City Manager DATE: 18 NOVEMBER 1999 j(j} - ,.,'-r.1� �W • V5 FROM: Fire Chief RE: St. Malachy Carnival Per your request, please be advised that the total amount of time that the inspections, site plan review and additional meetings needed for the St. Malachy Carnival from within the Fire Department was approximately 8 hours. The primary contacts at the Fire Department were Assistant Chief Paul Forsberg and Inspector Dave Viele. The inspector's hourly rate as set by resolution is $43.00 per hour. Should you need any additional information, please do not hesitate to contact me. f- /.. I . I, - � L CITY OF TAMARAC INTEROFFICE MEMORANDUM (AC99-30) FIRE DEPARTMENT • TO: Fire Chief DATE: 15 NOVEMBER:'1999 FROM: Assistant Chief RE: St Malachy's Carnival Recommendation: Continued failure to adhere to National Standards and County Fire Codes will result in a mandated fire watch during carnivals and special events. Issue: The organizers of the Carnival, at St. Malachy's, refuse to follow National Standards and County Fire Codes. This creates a hazard for the people working at the carnival as well as those attending. Background: St. Malachy's holds an annual carnival on the church grounds. During the past three (3) years, cooking equipment has been brought into the screened area next to the fellowship hall. This equipment is not protected with an a fire protection system. A grill and a burner are each fueled by a 20 lb. propane cylinder. An electric powered fryer is also used in this area. 1.) NFPA 101 8-3.2.4.3 requires fire protection equipment for food preparation facilities in a public assembly. 2.) NFPA 101 8-3.2.4.4 places restrictions on portable cooking equipment in a public assembly. (LP gas capacity maximum 1.08 lb.) 3.) NFPA 101 8-3.2.5 limits the use of open flame devices. 4.) SFBC 5212.1(d) Barbecue grills and similar cooking equipment shall... be used only outside and at a safe distance (no less than ten feet (10')) from the nearest building. Alternative solutions have been offered and ignored by Matt Lyons. His failure to adhere to these standards and codes jeopardizes those in the building. South Florida Building Code 5211.2(h) gives the Fire Chief the authority to require a fire watch. Paul Itorsberg „ L x h L C ,. • C� CITY OF TAMARAC INTEROFFICE MEMORANDUM (99-12-005M)` COMMUNITY DEVELOPMENT TO: City Manager FROM: Interim Director of Community Development Recommendation: DATE: 18 N`OVEM-50Z 1999: 2 Z , - RE: 5T. MALHY; 4Rkl%�(AL The Interim Director of Community Development recommends the City Manager review the following information relating to the events leading up to the St. Malachy Church carnival. Issue: The City Manager requested the Community Development staff to document the amount of staff time spent in processing the paperwork for the St. Malachy Church Carnival that was held from November 11, 1999 through November 14, 1999. Background: Events Leadina Uo to the Carnival: On October 14, 1999, Matt Lyons (Project Manager for St. Malachy's Carnival) wrote a letter to the Community Development staff asking for permission to use the rear of the church property for a carnival to be held from November 11 through November 14, 1999. The Community Development staff researched the property and determined that a carnival would be permitted provided all jurisdictional agency requirements are met. Mr. Lyons was informed that the property in the rear of the church is located within a wellfield zone (Zone 1). Under Broward County's regulations, certain equipment/machinery is not permitted to be located within a Wellfield Zone 1. On Monday, October 18, 1999, the Community Development staff advised the Utilities Department of the Church's intent to conduct a portion of the carnival in the wellfield zone. The Utilities Department worked with Mr. Lyons on resolving the issue, which was not done until Wednesday, November 10, 1999. Community Development staff continues to spend considerable time (approximately 80 hours) calling, faxing, and processing documents for the carnival. The required documentation necessary to process the application was incomplete when the City received the package on October 14, 1999. Therefore, Community Development staff made daily telephone calls to Mr. Lyons and the carnival company (Hildebrands Midway of Fun) in order to have the required documentation. As of this date, the City is still waiting for documentation from Mr. Lyons regarding the parking of carnival trucks and equipment on the vacant parcel North of the church. Mr. Lyons has been called repeatedly for this information and his response is that he is working on it. • Page 2 On November 8, 1999, Community Development staff received a telephone call from a St. Malachy carnival committee representative requesting to sell alcohol beverages at the carnival. Community Development staff advised the representative that a temporary Alcohol Beverage License would be required to be submitted and approved by the City Commission. Mr. Lyons telephoned on November 9, 1999 requesting permission to sell alcohol at the carnival. When told about having to have City Commission approval, Mr. Lyons disputed this told City staff they were wrong. Community Development staff spent considerable time researching previous requests made by the Church and found that every time alcoholic beverages were sold at the carnival, the City Commission had previously approved the request. Mr. Lyons was informed of staffs findings and then faxed a letter to the City informing the City that the Church was in the process of obtaining a Beer & Wine License from the State of Florida. The alcohol beverage license was not received until Wednesday, November 10, 1999, at 5:35 p.m. The City Commission then approved the sale of alcohol beverages with temporary Resolution No. R-8833. History of Fee Waivers: When Mr. Lyons submitted the application to have a carnival at St. Malachy Church, Mr. Lyons indicated that the Church would like to have the City waive all fees. City staff informed Mr. Lyons that only the City Commission can waive fees and that he would have to submit a letter to the City requesting waiver of fees. On November 9, 1999, Mr. Lyons faxed a letter to the City requesting a waiver of permit and licensing fees. Mr. Lyons was informed that since the carnival was to be held prior to the item being placed on the next available City Commission agenda, all fees had to be paid. After repeated requests to the Carnival Company, the fees were paid on November 10, 1999. In prior years, the City Commission has approved all requests for fee waivers and the selling of alcohol beverages. Last years carnival request was to waive permit fees only and was approved at the October 28, 1998 City Commission meeting by Resolution No. R-98-319. The occupational license fees were not addressed and were required to be paid. On November 9, 1998, the Carnival Company paid the license fees of $829.50, Should you need any additional information, please do not hesitate to call me. J. Chris opher K' 0 JCK/ep