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HomeMy WebLinkAbout1983-06-02 - City Commission Special Meeting Minutes5811 N0RT14WEST 88TH AVENUE n TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 June 1, 1983 NOTICE OF SPECIAL MEETING CITY COUNCIL Please be advised that the City Council will hold a Special Meeting on Thursday, June 2, 1983, immediately following the Agenda Workshop meeting, at approximately 3:00 p.m., in the West Conference Room at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The purpose of the meeting is to consider the following items: 1. Building Department - Discussion and possible action to approve a budget transfer from Contingency to Building Department -Outside Services. 2. Settlement Agreement with Mitchell Perlstein - Dis- cussion and possible action. 3. Sludge Disposal -- Discussion and possible action. The City Council may discuss such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk • •sliant to Chapter 80-105 of Florida l.aw, Senate Bill No. 368: a person decides to appeal any decision made by the City �ouncil with respeyt to any matter considered at such meeting or hearing, he will need a record the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC, FLORIDA SPECIAL MEETING June 2, 1983 CALL TO ORDER: Mayor Falck called the Special Meeting to order on Thursday, June 2, 1983, at 3:00 P.M. in the West Conference Room. ROLL CALL: PRESENT: Mayor Walter W. Falck Councilman David E. Krantz Councilman Jack Stelzer ABSENT AND EXCUSED: Vice Mayor Helen Massaro Councilman Philip B. Kravitz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Alan F. Ruf, Consultant City Attorney Richard S. Rubin, Consultant City Planner Patricia Marcurio, Secretary Mayor Falck read the call into the record. 4. Ticon, Inc. - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 3). At Mayor Falck's suggestion, C/M Stelzer MOVED to Agendize by Consent, discussion and possible action on this item, SECONDED by C/M Krnatz. V 0 T F : ALL VOTED AYE 1. Building Department - Discussion and possible action to approve a budget transfer from Contingency to Building Department -Outside Services. SYNOPSIS OF ACTION: APPROVED that $7,500 from Line Item Account #001-872-581-901 of the budget named Contingency be transferred to Line Item Account #001-227-524-310 named Professional Services. The City Manager said she distributed to Council the language of a pro- posed budget amendment that would move $7,500 from Contingency to the Building Department Professional Services. She said the basis of this need is the fact that in the month of April, due to vacation and the resignation of Building Inspectors and after the injury of one of the Inspectors, they have had to utilize outside services on an hourly -rate basis to meet the needs of the department. She said this transfer is necessary for payment of current services and also to carry through the balance of the fiscal year. C/M Krantz MOVED that a $7,500 amount from Line Item Account #001-872-581-901 of the budget named Contingency be transferred to Line Item Account #001-227-524-310 named Professional Services, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 2. Settlement A_qreement_ with Mitchell Perl stei n - Discussion and pos- sible action. SYNOPSIS OF ACTION: APPROVED?;the final settlement of $2,000 to be awarded to Mitchell Perlstein for full settlement of all claims as recommended by the City Manager. The City Manager said this concerns a firefighter who was released from City service in February due to a breach of administrative procedure,in the administration's view,of a major abuse of sick leave. 6/2/83 /pm She said he subsequently hired an attorney and proceeded to arbitrate with the City on the question of the manner in which he was released from City service. She said last week she attended a pre -arbitration meeting with John Gronda, Tamarac's Labor Counsel, Mr. Perlstein, the professional arbitrator and Mr. Perlstein's attorney and during the course of these discussions, it became evident that the arbitrator could rule in the City's favor, however, it was possible that he would rule in Mr. Perlstein's favor, in which case he might be returned to City service with or without back pay since February. She said if the City were successful at the arbitration level, the next step for Mr. Perlstein would be through the courts and she perceived the City has a possibility, either through back pay award or going further into courts, to have the cost of $7,500 to $10,000 to complete the City's arrangement with Mr. Perlstein. The City Manager said she spoke with John Gronda and Mr. Perlstein's counsel to determine what Mr. Perlstein wanted and he offered that the City retract its termination, he would resign and settle for an amount of $5,000. She said, in viewing the potential costs, she countered with the same type of offer but in the amount of $2,000 and they agreed to this. She said an agreement has been drawn up indicating a pay off to him of $2,000, he will be allowed to resign back to the February date, he will be given a neutral recommendation and he releases the City of any subsequent obligations. She said she could not recommend any option that might increase the cost further to the City, therefore, she suggested Council approve the settlement as outlined. C/M Krantz asked if there was any retroactive pay going to him and the City Manager said no, this was a lump sum settlement of all claims. C/M Krantz MOVED to APPROVE the final settlement of $2,000 to be awarded to Mitchell Perlstein in full settlement of all claims as recommended by the City Manager, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 3. Sludge Disposal. - Discussion and possible action. SYNOPSIS OF ACTION: Both Alan Ruf and the City Attorney were authorized to proceed with negotiations with the developer. The City Manager was authorized to make available to the attorneys any escrow funds and consult with Mayor Falck on this. Alan Ruf said that Leadership Housing, through their attorney, has advised the City that it is cancelling the lease and the City is to be out of the business no later than July 13. He said the staff has examined the alternatives and found them to be extremely expensive and the only viable immediate alternative seems to be to ship it by tank truck to a disposal site in Palm Beach County and the estimate cost is between $125,000 to $150,000 a year. He said he contacted Myles Tralins, Leadership's attorney, and asked if they would reconsider and he said they were not inclined to do so. He said he then asked if they would consider the City leasing it for a set period of time at a reasonable rental and he has not responded to that suggestion as yet. Mr. Ruf said he would propose that these types of negotiations be opened with Leadership, however, if those are rejected, he recommended Council allow the Legal Department to institute an Eminent Domain proceeding to take an easement of use for a period not to exceed 3 years and to prepare the suit for filing next week. He said the Legal Department has been in contact with an appraisal firm in Broward County and they have gotten some information from them that would aid them in making a reasonable tender to the Court if a suit and a Quick Taking were filed. He said they would file suit, deposit funds in the Court and take possession of the land and continue to use it as it has been used and the Court would proceed toward processes to determine whether or not the amount of money that we tendered was appropriate rental for that period of time. ` 2 - 6/2/83 /pm Mr. Ruf said because of the emergency nature of the item he is asking for Council's permission to proceed in that manner. C/M Stelzer asked how long the case would take before a decision is given and Mr. Ruf said it could be as long as 2 to 3 years before there would be an ultimate decision by the Court but the City would have effected the taking and would be able to use the land. He said the Court would determine as a question of fact what would be a reasonable rental for that period of time. C/M Krantz asked what figure was determined and Mr. Ruf said this is still being worked on by the appraiser, Mayor Falck said it is unfortunate to be faced with this now since the City is moving toward a relationship with the County on a total 201 Program which should be finalized in October. C/M Krantz MOVED that both Alan Ruf and the City Attorney be authorized to proceed with negotiations with the developer to try to come to an agreement for the continued use of the sludge farm and that the City proceed with Eminent Domain proceedings as outlined by Mr. Ruf. The City Manager was authorized to make available to the attorneys any escrow funds that might be necessary expeditiously for the Court and she is to consult with Mayor Falck on this. SECONDED by C/M Stelzer. C/M Stelzer asked Mr. Ruf if the City will have to pay for both sides of the legal proceedings and Mr. Ruf said if the filing of the Eminent Domain proceedings does not resolve the matter and it should go full term, the City will have to pay both expenses. l►I11iT4 ALL VOTED AYE 4. Ticon, Inc. - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1). The City Attorney and City Planner brought Council up-to-date on latest facts concerning this item which has been tabled to the 6/22/83 meeting. Mayor Falck said the developer of this project was entitled to a certain amount of units and they wanted more and the City is concerned about the overall impact these additional units will have on the City. He said Mr. Tralins implied at the last meeting that they want the units but do not want to pay for them. Mr. Henning said in the case of land develop- ment the issues are not always clear cut and if the negotiations are not satisfactory, it could go to Court. He said he thought they had reached a compromise when they determined a price of $800/unit, however, Mr. Tralins took that offer at first reading and something happened between this meeting and second reading to change their minds. Richard Rubin said since 1977 the Broward County Land Use Plan mandates the cities must provide adequate services before you can get a develop- ment permit. He said adequate services mean roads, water and sewers are available at the proper level. He said right now the County determines that the roadways around are inadequate and this is why the County is requiring impact fees from all developers. C/M Stelzer asked why the City does not deny the increase in units and have them give the City an offer and Jon Henning said this may be his recommendation as a last resort. He said he is not in a position to tell Council that the City is 100% right in its position but he wanted Council to be aware that he and the City Planner are working on this. He said action on this has been tabled to the 6/22/83 meeting. Mayor Falck adjourned the meeting at 3:30 P.M. AS ISTANT CITY CLERK This public document was promulgated at a cost of inform the general public and public officers and and considerations of the City Council of the City -3- i��� MAYOR $ %c', 57 or $ ,2.. ®®Z per copy to employees about recent opinions of Tamarac. 6/2/83 /pm CITY OF TAMAR APf=ROVED AT�MEETING 0 7