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Home My WebLink About1994-01-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 26, 1994 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, January 26, 1994, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. PRESENT: Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT: Dina M. McDermott, Interim City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Phyllis Polikoff, Secretary ****************************************************************** QQNSENJ AgENDA 7. Items listed under Consent Agenda, Item 7, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. AaminjEtrativp g. MOTION TO ADOPT TeMR. Reso. #6626 appointing a municipal representative to serve as Tamarac's delegate for the Broward County Community Development Committee for Community Development Block Grant matter. SYNOPSISQk: ACTI41`I.' REMOVED for discussion. (See Page 5 for discussion and Final Action) V/M Katz MOVED to REMOVE, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 17. D15CUSSION AND PO5ZjjaZ_&C2jQN regarding issues concerning Tamarac Elementary School. SYNOPSIS OF ACTION; AGENDIZED by Consent. (See Pages 7, 8 and 9 for discussion and Final Action) C/M Schreiber MOVED to AGENDIZE, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 18. DIS_CU�SIQN AND POSSIBLE ACTION regarding the Interviewing process concerning the appointment of new City Manager. SYNOPSIS Or AQTION• AGENDIZED by Consent. (See Page 11 for discussion and Final Action) C/M Schreiber MOVED to AGENDIZE, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 19. DISCUSSION ANQ POSSIBLE ACTION to request C/A Abramowitz to post a Bond if a Special Election is warranted after the March, 1994 election. City Council Regular Meeting 1/2F/94/PP Page 2 ,SYNOPSIS OF ACTION: AGENDIZED by Consent. (See Page 12 for discussion and Final Action) VOTE: C/M Abramowitz - NAY VIM Katz - NAY C/M Schumann AYE C/M Schreiber - AYE Mayor Bender AYE 1. PRESENTATTON by Interim City Manager McDermott of service awards to the following employees: Barbara London - 5 Years Public Services Department. Jeffrey Arillo - 5 Years Public Services Department Janice Atwood -10 Years Public Services Department SYNOPSIS OF ACTION: Interim City Manager McDermott presented the service awards to Barbara London, Jeffrey Arillo and Janice Atwood. 2. PRESENT&TIQby Mayor Bender of a five-year service award to Interim City Manager Dina McDermott. SYNOPSIS OF ACTION Mayor Bender presented the service award to Interim City Manager McDermott. 3. PRESENTATION by Mayor Bender of awards to the Public Services Department for outstanding achievement in recognition of the 1993 Sun-Sentinel's Best Race -- The Tamarac Turkey Trot. SYNOPSIS OF ACTION: Mayor Bender presented the awards to Alan Levine (Public Works), Ed Doyle (Recreation) and Vernon Hargray (Public Services). 4. REBS •NTATIO by Representative Debbie Wasserman Schultz relative to a legislative update. SYNOPSIS OF ACTION Presentation was made by Representative Debbie Wasserman Schultz. Representative Debbie Wasserman Schultz said Tamarac residents were enjoying an excellent quality of life due to the efforts of Council. She commented about the criminal and juvenile justice systems and the cost of making criminals serve 75% of their sentences. She said the costs could come from taxes and she stated her concerns pertaining to education, construction and the need for new schools. Representative Schultz referred to a Real Estate Transfer Fee Bill and the issuance of Bonds for new construction. She also discussed her concerns regarding how children were being taught in schools, the "Classroom First" Bill and the health care system. VIM Katz referred to the Homestead Exemption and Enterprise Fund and said a percentage of Tamarac residents did not pay any taxes and other residents paid less than $100 in taxes. He suggested the Board of Education raise taxes and something be done about the Homestead Exemption. He said he would not support paying taxes for residents who did not pay. He said Council could consider implementing an Enterprise Fund. C/M Abramowitz discussed his thoughts regarding juvenile delinquency and the Low -Rise building used as a Truancy Installation. He said the Broward Sheriff's Office questioned whether a Truancy Installation would be supported. Ll City Council Regular Meeting 1/26/94/PP Page 3 Representative Schultz said, yes, and suggested C/M Abramowitz and V/M Katz contact her office. Mayor Bender said he was a member of a Committee on the School Board and suggested raising taxes by establishing an education district. He said he would forward a copy of a letter he recently received to Representative Schultz. C/M Schreiber said Representative Schultz supported criminal justice and the majority of people were in favor of more and better laws to convict the criminal. He suggested using empty military bases for criminals was more cost effective than building new facilities. Representative Schultz said a representative from the City of Sunrise expressed the same suggestion. Mayor Bender thanked Representative Schultz for her presentation. 5. ANNOUNCEMENT by Mayor Bender of vacancies on the following boards and committees: Privatization Committee 7 members Sister Cities Committee 7 members Ambulance Committee 7 members Annexation Committee 7 members Insurance Advisory Board 1 regular member and 2 alternate members If any Tamarac resident is interested in serving on any board or committee, please contact the office of the City Clerk for an application. SYNOPSIS QF ACTION: Announcement was made by Mayor Bender. PUBLIC PARTICIPATION 6. PUBLIC EABIICIPA21014 - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Carl Alper, representing the Tamarac Presidents Council, discussed a Cablevision Ordinance, Article 9, Section 2-366, and charges incurred by the residents. He referred to the criteria involved and FCC's regulations and a decision whether the rates were fair and justified. Mayor Bender said Tamarac was negotiating with other cities to share legal and accounting expenses before proceeding to the FCC. City Attorney Kraft suggested meeting with Mr. Alper to discuss his concerns. Anthony Grimaldi, resident, voiced his thoughts with regard to increased garbage pickup at single --family homes and recycling rates. He questioned whether garbage rates at multi -family homes was also increased. TAPE 2 Mr. Grimaldi referred to the Homestead Exemption. 7. Items listed under Consent Agenda, Item 7, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. City Council Regular Meeting 1/26/94/PP Page 4 a. MOTION TO ADOPT Temp. Reso. #6612 urging the Broward County League of Cities, North Broward Mayors and other municipalities to support the concept of local municipal home rule in reference to annexation. RESOLUTION R-94-9-PASSED b. NQTION TO ADOPT Temp. Reso. #6613 urging the Federal and State Governments, along with all other local and community agencies, to provide the necessary housing and assistance for people without other means. SYNOPSIS OF ACTION: RESOLUTION R-94-10-PASSED APPROVED C. MOTION TO,ARPROVE the minutes of 12/8/93 regular City Council meeting. �,•• •MAGY01101, F.1149WHOITAN d. MOTION TO APPROVE renewal of a model sales permit for WOODMONT GREENS (WOODMONT TRACT 67), Lots 1, 2, 3, 4 and 5, and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for a six-month period from 3/23/94 to 9/23/94 (located on the northeast corner of NW 88 Avenue and NW 75 Street). 4 'kl 10) *3 0me)•, 1 6 a• e. MOTION TO APPROVE the attendance of two Code Enforcement Officers at the Florida Association of Code Enforcement (FACE) Annual State Conference in Ponte Verde Beach, Florida, June 15-17, 1994, to maintain certification. f. 7 rescinding Resolution R-93--182 which awarded Bid #93-16 to Perkin Elmer Corporation for a gas chromatograph in the amount of $28,829.98 and to Tekmar Corporation for a purge and trap unit in the amount of $24,067. ($52,896.98 total) and AUTHORIZING the appropriate City staff to rebid this equipment due to the requirement to revise the specifications. RESOLUTION R-94-11-PASSED C/M Schreiber MOVED to APPROVE Consent Agenda Items 7.a. through 7.f., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE Ll 1 Ll City Council Regular Meeting 1/26/94/PP Page 5 1 1 1 g. MOTION TO ADOPT Temv. Reso. #6626 appointing a municipal representative to serve as Tamarac's delegate for the Broward County Community Development Committee for Community Development Block Grant matter. SYNOPSIS OE ACTION; RESOLUTION R-94-12-PASSED REMOVED for discussion on Page 1. APPROVED appointing the Director of Planning as Delegate. City Attorney Kraft read Temp. Reso. #6626 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber. V/M Katz said he attended a Broward County Commissioners meeting wherein the matter of appointing a representative was Tabled to be discussed again in two or three weeks. Interim City Manager McDermott said the Commissioners' next meeting will be February 8 to discuss this matter. Discussion followed and she recommended appointing someone to attend the February 8 meeting. Further discussion followed and V/M Katz said the person appointed today would vote although anything Approved would take effect October 1. He said the Committee was made up in a different way and Tamarac's representative would only echo what Broward County already did. Interim City Manager McDermott reiterated that someone be Appointed today and suggested the Director of Planning as the City's representative. C/M Abramowitz MOVED to APPROVE 7.g. and APPOINT the Director of Planning, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE RESOLUTIONS 8. a) MOTTQX TO ADOPT Temn_ Reso.,#6628 granting a special exception requested by Albert Ying Kwok to permit a restaurant (First Hong Kong City Restaurant) on lands zoned B---2 which is Parcel "A" of COMMERCIAL PLAZA located on the northwest corner of NW 53 Street and State Road 7 (441). Case 36-Z-93 b) MOTION TO ADOPT Tem2iHQso. #6629 granting a special exception requested by Albert Ying Kwok for alcohol (beer and wine) as an accessory use for a proposed restaurant (First Hong Kong City Restaurant) on Parcel "A" of COMMERCIAL PLAZA located on the northwest corner of NW 53 Street and State Road 7 (441). Case 37-Z-93 RESOLUTION R-94-13-PASSED SYNOPSIS OF ACTION: RESOLUTION R--94-14-PASSED APPROVED 8.a. and 8.b. a) City Attorney Kraft read Temp. Reso. #6628 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schreiber. Mike Vonder Meulen, AICP/Director of Community Development, said the applicant met all Code requirements and Staff and the Planning Commissioners Approved the request on January 5. City Council Regular Meeting 1/26/94/PP Page 6 C/M Abramowitz referred to the Restaurant's name, questioned whether a Lounge License was requested, the number of seats and the square footage. Mr. Albert Ying Kwok, Applicant, said the footage was 2,100 square feet and would have 60 seats. Mr. Vonder Meulen said a Lounge License was not requested. Mayor Bender questioned whether seating requirements were met with regard to issuing a license and Mr. Vonder Meulen said, yes. Mayor Bender referred to fees, capacity, parking and square footage. Mayor Bender OPENED and CLOSED the Public Hearing with no discussion. VOTE: ALL VOTED AYE b) City Attorney Kraft read Temp. Reso. #6629 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. Mr. Vonder Meulen said the applicant requested a license to dispense beer and wine and the State License was pending the Council's decision. V/M Katz said the License would be restricted to beer and wine and Mr. Vonder Meulen concurred. City Attorney Kraft said the Resolution stated only beer and wine would be served. Mayor Bender OPENED and CLOSED the Public Hearing with no further discussion. VOTE: ALL VOTED AYE Mayor Bender requested a recess at 9:57 a.m. and the Meeting reconvened at 10:05 a.m. with the same people in attendance. 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ogg. #1677 on second reading to amend Section 2-136 of the City Code by providing for two (2) alternate members on the INSURANCE ADVISORY BOARD. SYNOPSIS OF ACTION: ORDINANCE 0-94-1-PASSED APPROVED on Second Reading and Public Hearing. City Attorney Kraft read Temp. Ord. #1677 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schreiber. There was no discussion. Mayor Bender OPENED and CLOSED the Public Hearing with no discussion. VOTE: ALL VOTED AYE Communityv n DeRartmen-tdUtiliti s 13- EIZ15LIC HEARING -- 6 on second reading to add Sections 5-104 and 5-170 to the City Code pertaining to automatic override on sprinklers and plumbing water conservation. SYNOP&IS OF ACTION.; ORDINANCE 0-94-2-PASSED APPROVED on Second Reading and Public Hearing. City Attorney Kraft read Temp. Ord. #1676 by Title. Ll 1 11 City Council Regular Meeting 1/26/94/PP Page 7 V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Mr. Vonder Meulen said nothing changed from the first Reading and Public Hearing. C/M Abramowitz referred to a recent newspaper article which indicated information that was incorrect. Mayor Bender OPENED and CLOSED the Public Searing with no further discussion. VOTE: ALL VOTED AYE 17. DISCUSSION AND POSSIBLE ACTION regarding issues concerning Tamarac Elementary School. SXNQP,5IS OF ACTION AGENDIZED by Consent on Page 1. No action taken. City Council will hold a Workshop regarding overcrowding, multi -tracking, etc. V/M Katz said many people prepared the Broward Education Planning Initiative report regarding multi -track schooling. He said Tamarac Elementary School was built for 600+ children but twice as many attended. V/M Katz discussed the Board of Education's site plans for an addition to the School and his concerns regarding fire and traffic safety. He referred to Florida Administrative Code 235 and said Staff accepted the Board's proposal for fire but a satisfactory study on traffic flow was not provided. V/M Katz said multi -track schooling had to be approved by a majority of parents who had children in Tamarac Elementary School and suggested a Workshop with Board of Education representatives, the Principal, representatives of the Advisory Council of Tamarac Elementary School and parents. Lori Lerstad, Chairwoman of Broward Parents for Quality Education, and member of the Broward Education Planning Initiative Committee, discussed telephone calls from parents regarding multi -track schooling. She said Principal Bill Bell would formally request multi -track schooling at a School Board meeting on February 1. Discussion followed regarding the social and taxpayer impact, increased costs for crossing guards because school days would be added and the impact to the Park and Recreation Department. Ms. Lerstad said children in the City of Hallandale were transported to Before and After School facilities. V/M Katz said transportation did not apply to children in Tamarac. Discussion followed with regard to where children would go during intercession/vacation and day-care and other programs offered at the Park and Recreation facilities. There was discussion regarding Tamarac Elementary School becoming a year-round school, overcrowding, and Ms. Lerstad said discussions had to take place before the School Board was advised on the City's decision prior to February 1. V/M Katz reiterated that a Workshop be scheduled and agreed that Council advise the School Board of the City's decision. C/M Schreiber said the City had no control over the School Board. C/M Abramowitz disagreed and referred to the cost. Ms. Lerstad said real-estate values decreased and 98% of the Country did not have year-round schools. Susan Starkey, Broward Education Planning Initiative Committee, discussed enrollment and said people moved from Marion County, City Council Regular Meeting 1/26/94/PP Page 8 Florida, because real-estate values decreased, people opposed year-round schools and schools were abandoned. She said Jefferson County, Florida, had year-round schools for over 14 years. Ms. Starkey said multi -track schools had 180 days of education spread over four seasons on five different tracks. She said families were not guaranteed their children would be accommodated on the same track and multi -track schools were not academically sound, cost effective and were disruptive to entire communities. Ms. Starkey said Tamarac parents participated in a survey and 720 voted against the schools and those who did not respond were considered in favor of the schools. She said representatives at the Broward County meeting she attended wanted schools to have the same value as roads, water and sewer. She said portable classrooms, double -sessions and year --round calendars were not reasons to mitigate and more schools should be built. Ms. Starkey said the Pilot Program at Hallandale Elementary School proved costly and the cost for law enforcement would also escalate. She agreed there be a Workshop and that Council postpone any decisions to make Tamarac Elementary School a year- round facility. TAPE 3 V/M Katz discussed concurrency, ELM's legislation, Broward County's study, level of service and intercession/vacation. Ile said his primary concerns were health, safety and welfare of the students. Ms. Lerstad referred to level of service, established policies, traffic surveys and concurrency and said developers built homes as a means of mitigation. C/M Abramowitz said he was Liaison to the School Board, worked with Principal Bell and was responsible to the parents. He said Tamarac Elementary School used classrooms at the Multi -Purpose Center because the School was overcrowded. He stated the School Board could not demand that Tamarac Elementary become a year-round school because the City was involved with programs that were funded by the taxpayers. Ms. Lerstad said many cities in Broward County passed Resolutions stating they were against year-round education although the Broward League of Cities did not take a stand on the issue. Mayor Bender referred to the Facilities Committee, the School Board, letters encouraging developers to build homes but not schools, busing to schools and concurrency. Polly Torres, Broward Education Planning Initiative Committee, Advisory Chairperson of Morrow Elementary School, School Improvement Team and member at Silver Lakes Middle School, said Tamarac parents feared reprisals because they opposed year-round schools and suggested staggering start with dismissal times on a voluntary basis, rotating lunch schedules and busing to a school in Sunrise as temporary alternatives. Ms. Torres said Tamarac projected 1,330 students in 1994 but the School count was 1,185 and she referred to a 1987 Bond issue and an addition to Morrow Elementary School. She suggested Morrow Elementary accept some Cluster Programs from Tamarac Elementary and repeated that multi -track education was disruptive and costly. She questioned why Morrow Elementary's recommendations were not considered at a School Board meeting regarding boundaries. Ms. Torres also referred to Magnet Programs, under -enrolled elementary schools, schools near the workplace and utilizing Atlantic Vo-Tech in Margate. She suggested a Workshop to discuss alternatives and Mayor Bender concurred. 1-1 Lj City Council Regular Meeting 1/26/94/PP Page 9 Sharon Machek, Sunflower-Heathgate resident, said the three speakers did not have children in Tamarac Elementary School. She referred to repercussions from the community, Country Hills Elementary School and staggered start and dismissal times. She said rotating lunch schedules at Tamarac Elementary School would be costly because of additional lunchroom aides. Ms. Machek said Tamarac Elementary School had 1,204 students and did not support releasing the Cluster Program. She referred to the ScBefore and After School Programs. She said the School Improvement Team recommended that multi -track education be agendized for a School Board meeting on February 1 where the City would get permission to proceed to plan multi -track education. Ms. Machek said Workshops were held and referred to a School Improvement Team meeting attended by parents of children who were hearing --impaired and who supported year-round education. She also discussed safety and overcrowding and reiterated that Workshops be held and suggested the City contact Tamarac Elementary School and get the necessary information. Ms. Machek referred to Ms. Lerstad's presentation and stated the City of Hallandale advised that year-round education did not lead to an increase in crime. She said juvenile crime increased throughout the Country, however, the truancy problem related to middle and high-school aged children. Mayor Bender requested Interim City Manager McDermott agendize the matter for a Workshop and he thanked the speakers. 9. MOTION TO ADOPT Temn. Reso. #6630 approving a revised site plan for the GRANVILLE project reflecting an increase in the size of Buildings A, B, D, E and F (located on the south side of NW 80 Street between Nob Hill Road and NW 108 Terrace). Case 68-SP-93 �'�� IRWOIWIT'"10�� "-U-• D RESOLUTION R-94-15-PASSED City Attorney Kraft read Temp. Reso. #6630 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz. Mr. Vonder Meulen read the Findings of Fact and said Buildings B and D would be squared -off, the corner areas would be enlarged and the square footage of the buildings would be increased by 200 feet. C/M Schreiber said the site plans pertained to elevations for Buildings B, D, E, F and G. Discussion followed and Rick Weinberg of Carnahan and Associates said Building G should be Building A. Mr. Weinberg said additional apartments would not be constructed and 40 interior apartments would be squared off and the setback would not change because the building size was the same. C/M Schreiber referred to the Findings of Fact with regard to minimum zoning requirements, Stipulation 26 and the setback. Mr. Vonder Meulen said Stipulation 26 was the latest Court Order agreed to by Lennar Homes and the City and superseded setback requirements in the Code. Discussion continued and C/M Schreiber questioned whether additional conditions could be imposed. Mr. Vonder Meulen said only conditions relating to health, safety and welfare could be recommended. City Attorney Kraft questioned whether the site plan was Approved by the Planning Commissioners. Mr. Vander Meulen said, yes, as City Council Regular Meeting 1/26/94/PP Page 10 well as Approval by the Site Plan and Plat Review Committee. City Attorney Kraft said there was no Aesthetics provision in the Code. Mr. Vonder Meulen said an Aesthetics Ordinance was currently being prepared. C/M Schreiber said there might be violations because Lennar Homes curbed the fire lanes and removed the existing and set -aside parking at the Clubhouse. Mr. Weinberg said he would investigate and advise. C/M Abramowitz suggested that Community Development and not Lennar Homes inspect the violations. Mr. Vonder Meulen said he would inspect and major changes would go before the Plan Adjustment Committee and then Council but the Fire Department will inspect violations relating to the curbed fire lanes. VOTE: ALL VOTED AYE 10. MQTION_TO ADOPT Temp. Reso. #6609 awarding Bid #93-11 in the amount of $27,843. to U.S. Jetting Corporation for the purchase of a hydraulic sewer cleaner for cleaning sewer lines, relieving blockages and other related tasks in the Utility and Public Works Divisions of the Public Services Department with funding from Utilities West Wastewater Collection Account 425-367-565-643. SYNOPSIS OF ACTION: RESOLUTION R-94-16-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6609 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. Vernon Hargray, Public Services Director, said the new equipment would assist in cleaning sewer lines and blockages. VOTE: ALL VOTED AYE 11. 1 awarding Bid #93-17 in the amount of $34,596. to Reagan Equipment Company, Inc., for the purchase and installation of one stationary water-cooled engine for discharging Tamarac canal water to the C-14 Canal with funding from Stormwater Management Account. 410-417-539-643. RESOLUTION R-94-17-PASSED City Attorney Kraft read Temp. Reso. #6631 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by V/M Katz. Kline Jones, Public Services Operations Manager, said the engine was the last replacement for the existing pumps. C/M Schreiber questioned whether the City could buy direct from the manufacturer. TAPE 4 Mr. Jones said Reagan Equipment supplied and installed the pumps in the past, the bid process was followed and only Reagan responded. 1 LJ City Council 1/26/94/PP Page 11 Regular Meeting VOTE: C/M Abramowitz - AYE V/M Katz - AYE C/M Schumann - ABSENT C/M Schreiber - AYE Mayor Bender - AYE 1$, DISCUSSION AND POSSIBLE ACTION regarding the Interviewing process concerning the Appointment of new City Manager. AGENDIZED by Consent on Page 1. Council will individually interview the short-list of applicants and reduce them down to three, using the scoring basis, and the three applicants will be publicly interviewed. C/M Schreiber referred to the short-list and MOVED to INTERVIEW the applicants publicly, SECONDED by C/M Schumann. C/M Abramowitz said he forwarded questions to the Personnel Director and stated his concern regarding the Selection Committee. Mayor Bender said the interviewing process should be expedited as soon as possible. Discussion followed regarding one-on-one interviews and Mayor Bender and V/M Katz said they Approved this process. C/M Schumann said he preferred public interviews. He said one-on- one interviews could be done in the private sector where the interviewer also did the hiring. Discussion continued on the short-list and C/M Abramowitz said he preferred one-on-one interviews. Larry DuPre, Personnel Director, referred to the Selection Committee and his recommendation of Mike Roberto, Past President of the Florida City/County Manager's Association. He said Council Approved his recommendation and they were aware of his association with Mr. Roberto. Mr. DuPre referred to the Sunshine Law, narrowing the short-list to a specific number and one-on-one and public interviews. He suggested Council short-list from nine to three applicants in one- on-one interviews and then schedule public interviews. He said Council members could select five candidates and the candidates who received three votes would be interviewed. V/M Katz discussed the interviewing process when City Attorney Kraft was hired and recommended designating days for one-on-one interviews. He said Council members could make recommendations and whoever received the majority of votes would be named City Manager. He said he agreed with short -listing down from nine to three applicants. C/M Abramowitz concurred and referred to a newspaper article pertaining to applicants being considered. Mr. DuPre suggested Council members individually rank applicants from one -to -ten and add their scores. He said the three applicants who received the top number of votes would be publicly interviewed. C/M Schreiber AMENDED his MOTION to individually interview the applicants, short-list down from nine to three applicants on a scoring basis and publicly interview the three applicants, SECONDED by C/M Abramowitz. Discussion was held on the time frame for interviews, Mayor Bender recommended 30 minutes for each applicant and Mr. DuPre said he would make the arrangements. VOTE: ALL VOTED AYE City Council Regular Meeting 1/26/94/PP Page 12 19. DISCUSSION AND POSSIBLE ACTION to request C/A Abramowitz to post a Bond if a Special Election is warranted after the March, 1994 election. SXNQR S I S OF ACTION: AGENDIZED by Consent on Pages 1 and 2. TABLED for City Attorney review. C/M Schreiber referred to the March election, C/M Abramowitz, the Court of Appeals and the expense if a Special Election was needed. He MOVED that COUNCIL direct the City Attorney to contact the Court and require C/M Abramowitz to put up a Bond to cover the cost of a Special Election, SECONDED by C/M Schumann. C/M Abramowitz said anything happening as a result of an Elected Official in Office would be paid for by the City, unless the person was found guilty of something. He referred to the Law of Frivolous Litigation and the cost of litigation brought about by Glasser versus the City of Tamarac. He said the Judge who made the original decision decided to issue a Stay and it went to Appeal which was paid out of his pocket. V/M Katz spoke about the first time he ran for election, a similar Court situation regarding three members of the present Council, Henry Rohr, Bruce Hoffman and Diane Glasser. He said the Court contravened a decision. He said the same consideration given at that time by the same people should make the decision now. V/M Katz requested the City Attorney review the decisions made by Council regarding Messrs. Rohr and Hoffman and the Court Case that followed. C/M Schreiber said he was concerned with protecting'the City and added that Council voted five to zero not to Appeal on behalf of the City. He said if C/M Abramowitz is elected and the Court of Appeals rules that he cannot serve due to Judge Fleet's decision, someone has to replace him at a Special Election. V/M Katz suggested the MOTION be TABLED until the City Attorney provided a legal opinion. C/M Abramowitz requested an opinion from the City Attorney. City Attorney Kraft said he did not know of any legal precedent to request this type of Bond and he would look into the matter. He said he did not know if Judge Fleet would grant such a Motion or what the Judge's answer would be. City Attorney Kraft referred to Florida Statute 57-105 which allows an opposing party to get law costs and Attorney's fees for unfrivilious matters. He said other issues could arise regarding the effect of such a Motion and he reiterated that he would research the matter. Discussion followed and C/M Abramowitz SECONDED the MOTION. VOTE: ALL VOTED AYE C/M Abramowitz said when the Motion came before Council to have the City handle the Appeal, the vote was five to nothing and he voted not to have the City handle the Appeal. REPORTS C/M Schumann - NO REPORT V/M Katz provided Aviation Advisory Board minutes to Council and Interim City Manager McDermott and indicated that changes were City Council Regular Meeting 1/26/94/PP Page 13 made at the Executive Airport with regard to flight patterns. He said Maxwell Ingram requested his business card be fastened to a plaque and he opposed this. C/M Schreiber said he recommended hiring a Professional Engineer to examine damage caused by the recent blasting. He referred to a Miami Herald article pertaining to blasting damages, Geosonics, the developer and Council's concerns about the health, safety and welfare of the community. He discussed the cost of the litigation regarding Glasser versus the City and said a large portion was attributed to C/M Abramowitz's Attorney. TAPE 5 C/M Abramowitz advised that his Attorney also represented Mayor Bender, who was a Councilman at that time. He said the Advanced Disposal Fee this year of $.01 on supermarket bills would increase to $.02 next year. He said originally revenues would go toward recycling but the Law changed and 12% will go toward recycling with the balance distributed to all Counties for stormwater drainage. C/M Abramowitz said Representative Jack Tobin advised the fee represented $60 to 70 Million to the State and nothing could be done to change the Law. He said Lauderhill Mayor Lieberman, President of the Florida League of Cities, agreed to work with Chairman Geller of the Broward League of Cities to defeat the Bill. C/M Abramowitz said the City joined with four Broward County cities with regard to the Materials Recovery Facility which returned approximately $9,000 in the first month. Mayor Bender discussed from the blasting. He the Pulte Homes' Bond and damages resulting referred to a letter written to Steven Feldman, President of Pulte Homes, noting complaints, and questioned whether the Bond could be used to pay for validated claims. City Attorney Kraft said, no, but he would investigate and advise. f 4" City Attorney Kraft - NO REPORT Interim City Manager McDermott - NO REPORT Mayor Bender ADJOURNED the MEETING at 12:00 P.M. Carol A. Evans, CMC City Clerk /Zze-4�_ H. L. Bender Mayor CITY C �' TA T> ARA C APP ovl<D AT NIETING OF City CIp rk