HomeMy WebLinkAbout1989-03-29 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
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RECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Wednesday, March 29, 1989, at 10:00 A.M., in Conference Room
#1 (Room 103), City Clerk's Office, City Hall, 7525 Northwest
88th Avenue, Tamarac, Florida.
The purpose of this meeting is to appoint:
Scott Shirley, Esquire
OERTEL, HOFFMAN, FERNANDEZ & COLE
2700 Blair Stone Road, Suite #C
Post Offic-e Box 6507
Tallahassee, Florida 32314
Telephone: 904-877-0099
for the limited purpose of representing the City of Tamarac
at a Thursday, March 30, 1989 hearing to be held in
Tallahassee, Florida. The hearing will consider the location
and schedule for certification hearings under the
Transmission Power Line Siting Act.
FINAL ACTION:
APPROVED appointing Mr. Shirley to represent the City at
the 3/30/89 hearing in Tallahassee at no cost to the
City.
All meetings are open to the public.
Patricia Marcurio
Acting City Clerk
PM/gt
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 will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record incluclos
tlh� testimony and evidence upon which the appeal is to be bas.^.,_1
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
WEDNESDAY, MARCH 29, 1989
CALL TO nnnER: Mayor Abramowitz called this meeting to Order on
Wednesday, March 29, 1989 at 10:00 A.M. in Conference Room #1 (City
Clerk's Office).
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Patricia Marcurio, Office Manager
City Clerk's Office
The purpose of this meeting was to appoint:
Scott Shirley, Esquire
OERTEL, HOFFMAN, FERNANDEZ & COLE
2700 Blair Stone Road, Suite #C
Post Office Box 6507
Tallahassee, Florida 32314
1.ephone: 904-877-0099
for the limited purpose of representing the City of
Tamarac at a Thursday, March 30, 1989, hearing to be held
in Tallahassee, Florida. The hearing will consider the
location and schedule for certification hearings under
Lhe Transmission Power Line Siting Act.
SYNOPSIS OF ACTION:
APPROVED the appointment of Scott Shirley, Esquire,
to represent the City at the March 30, 1989 hearing
in Tallahassee at no cost to the City.
City Attorney Doody said this appointment would pertain
to representation regarding the Florida Power & Light
Power Transmission Line. He said the Power Line Site Act
vested in the Governor and Cabinet the authority to
approve the transmission line corridor.
City Attorney Doody said the City was a party to a series
of hearings, certifications, etc. He said a lot of the
meetings were held in Tallahassee and he would be asking
the City Council at a later date to appoint outside
Counsel on a full time basis to handle the case because
the case was a specialized area of the law.
City Attorney Doody said the City Charter required that
the City Council approve all City Attorney and Consulting
City Attorneys. He said Scott Shirley, Esquire from
Oertel, Hoffman, Fernandez & Cole, agreed for the limited
purposes of this one hearing on March 30, 1989, to
represent the City of Tamarac. He said Attorney Shirley
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3/29/89
would also be representing the City of Coral Springs and
Coral Ridge Properties, which have a joint interest in
trying to stop Florida Power & Light placing the
transmission power line.
City Attorney Doody said Attorney Shirley indicted that
he would represent the City at no cost to the City. He
said Attorney Shirley would not be able to represent the
City in the future because he represented Coral Ridge
Properties. He said he was reviewing other law firms
that have offices in Tallahassee and he would report back
to the City Council with his findings.
City Attorney Doody said it was suggested that the Cities
join together and pool their resources to fight this
matter. He said a lot of the Cities had the same
arguments and positions. He asked that the City Council
approve the appointment of Atto ney Shirley to represent
the City at the March 30, 1989 hearing in Tallahassee.
City Attorney Doody said the hearing would consider
discovery issues as to who could submit evidence and how
it would be submitted and, more importantly, the schedule
of the hearings as to where they would be held and how
often. He said the schedule oflthe hearings was very
important because Florida Powerl& Light was trying to
keep the hearings in Tallahassee. He said Florida Power
& Light had access to the Department and was trying to
hustle the meetings through quickly in an effort to try
to shorten the process and limit access to the hearing
process.
City Attorney Doody said on behalf of the City, Attorney
Shirley would make known to the hearing officer the
City's concern that the schedul Florida Power & Light
submitted indicated a number of ,the hearings being held
in Tallahassee when the City felt that the hearings
should be held in South Florida He said Attorney
Shirley would also oppose the s�hedule because it was
occurring too quickly.
Mayor Abramowitz said the City Council sent notice to
Tallahassee that they would like the hearings held in
Fort Lauderdale. He said he was pleased that the City
was being represented and, if outside Counsel was needed
to handle this important issue, they should be hired.
City Attorney Doody said he represented the City up to
this point and would continue to do so; however, the
outcome of the hearing in Tallahassee on March 30, 1989,
would inform the City of what they should do next.
V/M Bender said the meetings werle being held in
Tallahassee for convenience; ho ever, the transmission
lines were proposed to go throu h many Cities and some
Cities had more impact than oth rs. He said it behooves
the State to recognize this problem and move some of the
hearings to or around the Cities that would be affected.
He said if the meetings were moved, the Cities could
actively participate as opposed to being limited.
City Attorney Doody said the Cities of Tamarac and Coral
Springs discussed this matter with the Hearing Officer
and the response was to designate representatives to go
to Tallahassee for.the hearings.He said he informed the
Hearing Officer that this would be difficult because he
was an In-house City Attorney.
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3/29/89
C/M Rohr suggested that Attorney Shirley be asked to
represent the Cities providing the Cities wanted to join
together on this matter. He said Attorney Shirley's firm
seemed to be knowledgeable about this matter.
^itv Attorney Doody said he discussed this matter with
Mr. Shirley's law firm and he asked if the interests of
the Cities and Coral Ridge Properties were similar in
such a way that the law firm could represent everyone as
a group. He said the law firm indicated that there may
be a conflict of interest because of Coral Ridge
Properties being their client. He said Attorney Shirley
could represent the City at the March 30, 1989, because
procedures would be discussed; however, at some point the
interests of the City and Coral Ridge Properties may
differ.
C/M Rohr asked if it was possible the Cities could go to
Court and stop the hearings in Tallahassee and force the
hearings to be held in South Florida.
City Attorney Doody said he did not believe so because
the State Statutes set a procedure to certify the
corridor. He said the Courts would indicate that before
they could become involved the Exhaustion of
Administration Remedies Doctrine had to take place which
indicated that the Administrative Agency had to handle
the matter and then the matter could be taken to Court.
He said the Court would abstain from becoming involved in
this matter at this time.
f-i+-y Attorney Doody said an Appeal was filed by several
Cities with the Administrative Agency to have the
hearings moved to South Florida.
C/M Rohr asked if it was possible to have the Courts hear
the matter if the Administrative Agency refused to move
the hearings.
City Attorney Doody said the process would have to
continue before making an Appeal to the Courts. He said
there was a hearing scheduled at the Fort Lauderdale City
Hall on April 10, 1989, which would pertain to the
certification process; however, additional hearings were
needed in South Florida because the procedural matters
had a very large impact on the ultimate decision. He
said Florida Power & Light's Attorneys were located in
Tallahassee and the Attorneys had access to the
Department of Environmental Regulations (DER).
City Attorney Doody said the procedural hearings were
very important because a lot of matters were considered.
He said the Cities had a disadvantage in trying to handle
the hearings in Tallahassee from South Florida.
C/M Stelzer asked if there was a letter existing from a
law firm that was interested in representing all of the
Cities.
City Attorney Doody said he received a letter from a law
firm that represented a Country Club in Hollywood,
Florida and C/M Stelzer asked if the surrounding Cities
were interested in having one law firm represent them.
City Attorney Doody said this matter would have to be
investigated further because the interests of the Cities
may not be the same.
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Mavor Abramowitz said he believed that the Cities did
have different interests and Bob Shelly, Developer of
holiywood Hills, was willing to spend a lot of money to
fight Florida Power & Light's proposal.
City Attorney Doody said he didilreceive a letter from Mr.
Shelly and he would respond to he letter shortly.
C/M Stelzer said City Manager Kelly arranged for the City
Council to visit the site wherelthe transmission plant
was proposed to be. He said there were several opinions
as to where the transmission plant would be.
Mayor Abramowitz said the plant 'would be directly west of
the Sawgrass Expressway not east in Land Section 7.
C/M Hoffman asked if the ultimate decision was to be made
by the Governor and Cabinet and City Attorney Doody
replied, yes.
C/M Hoffman asked if the hearings were only routine and
City Attorney Doody replied, no. City Attorney Doody
said the argument was extremely technical and the
Governor and Cabinet would have'ito rely heavily on what
the hearings present. He said i{t was very important how
each side presents their evidence to the Governor and
Cabinet.
* C/M Hoffman MOVED to APPROVE the appointment of Scott Shirl
* Esquire, to represent the City at no cost to the City at h
*' hearing in Tallahassee on March'30, 1989, SECONDED by C/M
*' Stelzer.
VOTE: ALL VOTED AYE
C/M Rohr asked if Senator Weinstein and State
Representatives Graber and Deutsch were representing the
City on this matter and Mayor Abramowitz said Senator
Ic instein and State Representatives Graber and Deutsch
were presently working on the matter.
C/M Hoffman asked if the area was west of the Sawgrass
Expressway which was contemplated for sale to Florida
Power & Light in the City limit of Tamarac.
City Manager Kelly said some of ,the property being
considered appeared to be in the City limits.
C/M Hoffman said if the property was in the City limits,
Florida Power & Light should be cited for the garbage and
refuse in the area. He said the fencing in the area
should be repaired and maintained by Florida Power &
Light.
C/M Stelzer asked who owned the fence and City Manager
Kelly said the Sawgrass Authori y. C/M Stelzer said
Florida Power & Light did not o n the property only the
poles in the area.
C/M Hoffman said whoever was responsible for the property
should be cited because the property was an eyesore.
City Manager Kelly said the Community Development
Department and Code Enforcement Office were informed of
the matter. He said Florida Power & Light was notified
informally that a course of action would be pursued.
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C/M Hoffman said he understood that the property was not
owned by Florida Power & Light and City Manager Kelly
said a lot of the property was owned by Florida Power &
Light. City Manager Kelly said where the transmission
line went through was Florida Power & Lights property.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 10:30 A.M.
CAROL A. EVANS, CITY CLERK
"This public document was promulgated at a cost of $44.00 or $5.50 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac.
1
APPROVED AT MEETING OF '//"Z(" S
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